Development Regulations 2023-2033 — Town of New Perlican
New Perlican, Newfoundland and Labrador
· adopted 2024-08-09
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unofficial consolidation, the official version is held by the municipal clerk.
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DEVELOPMENT
REGULATIONS
2023-2033
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URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO APPROVE
THE TOWN OF NEW PERLICAN
DEVELOPMENT REGULATIONS, 2023-2033
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning Act 2000,
the Town Council of New Perlican:
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adopted the Development Regulations, 2023-2033 for the Town of New Perlican on
August 17, 2023;
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gave notice of the adoption of the Development Regulations, 2023-2033 for the Town
of New Perlican by having the notice posted on social media: Face book and Webpage;
posted in town office, community center, town bulletin board; e-mailed to 140 people;
mailed 126 flyers; for the Public Hearing of September 26, 2023, for the New Perlican
Municipal Plan, 2023-2033 and Development Regulations, 2023-2033. The Town of
New Perlican did not publish the Notice of Public Hearing in a newspaper in the
community because the 'Telegram' newspaper is not available in the community as
there are no stores in the town to buy paper, no paper carrier, and the stores in two
neighbouring towns do not carry the Telegram. Residents would have to drive 15
minutes to buy a Telegram; as well, the Town of New Perlican is outside the circulation
zone for 'The Shoreline' publication;
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set the October 24, 2023, at Veteran's Memorial Hall at 7 p.m. for the holding of a
public hearing to consider objections and submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town Council of
New Perlican approves the Development Regulations, 2023-2033 for the Town
of New Perlican amended as follows:
1. the language of section 5.1.3(c)(viii) is amended as follows: "The
recreational vehicle or trailer shall not be used for commercial use,
particularly Airbnb or other rental and shall not be used for commercial
enterprises."
2.
the Land Use Zoning Map is amended to accommodate the request for
Mr. Penney's land at the end of Vitter's Cove Road to change from (1)
"Resource" to "Residential Rural" and from (2) "Resource: to
"Environmental Protection" as well as an area from (3) "Residential
Serviced" to "Residential Rural" to allow for residential development
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3. the language of section 5.2.2. (5) Height: (a) is amended as follows: "At the discretion of
Council, where the residence (primary use) is one-storey in height, the accessory building may
exceed the height of the primary building;"
4.
the language of section 5.2.2. (7) is amended as follows: "Minor vehicle repairs or maintenance
may be undertaken in a driveway; but major repairs to vehicles must be undertaken inside an
accessory building;".
SIGNED AND SEALED this 15
day of H Qltc.h , 2024.
Mayor:
Town Clerk:
Development Regulations/ Amendment
REGISTERED
Number 3lf:35 - 2O21.j-·-O0O
Date
1;, j SUL--)' 1-o2.-4-
Signature ft~
&j1..-1;(4cv._v(
(Council Seal)
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URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO ADOPT
TOWN OF NEW PERLICAN
DEVELOPMENT REGULATIONS, 2023-2033
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town Council of New
Perlican adopts the New Perlican Development Regulations, 2023-2033.
The Development Regulations, 2023-2033 were adopted by the Town Council of New Perlican on August
17, 2023.
Signed and sealed this L5_ day of_H~ o.- c
...... c_h~---~' 2024 .
Mayor:
Town Clerk:
~b 1111 I ,f& 1 a;tX fR.
Town seal
CANADIAN INSTITUTE OF PLANNERS {CIP) CERTIFICATION
I certify that the Town of New Perlican Development Regulations, 2023-2033 have been prepared in
accordance with the requirements of the Urban and Rural Planning Act, 2000 of the Province of
Newfoundland and Labrador.
Member of Canadian Institute of Planners (MCIP)
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TABLE OF CONTENTS
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1.0
AUTHORITIES AND RESPONSIBILITIES ............................................................................................................. 1
1.1
APPLICABILITY ........................................................................................................................................... 1
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1.2
LEGAL EFFECT ........................................................................................................................................... 1
1.3
COMPLIANCE WITH STATUTES, REGULATIONS, POLICY AND GUIDELINES ................................................................. 1
1.4
DELEGATION OF AUTHORITY ........................................................................................................................ 2
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2.0
ADMINISTRATION OF THE REGULATIONS ....................................................................................................... 3
2.1
WHEN ISAPERMITREQUIRED .............................................................................................................. 3
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2.2
APPLICATION FOR A PERMIT ................................................................................................................. 4
2.2.1
Who can apply and how ......................................................................................................... 4
2.2.2
Application Requirements for All Applications ...................................................................... 4
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2.2.3
Application Information Requirements for Discretionary Uses ............................................. 5
2.2.4
Application Information Requirements for Planned Unit Developments .............................. 5
2.3
VARIANCES, NON-CONFORMING USES & DEVELOPMENT, AND AMENDMENTS .................................. 6
2.3.1
Variances ................................................................................................................................ 6
2.3.2
Non-Conforming Uses or Non-Conforming Development.. ................................................... 7
2.3.3
Amendment to Development Regulations ............................................................................ 7
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2.4
COUNCIL DECISION-MAKING ................................................................................................................ 9
2.4.1
Discretionary Decision-making Powers of Council ................................................................. 9
2.4.2
Timely Decision-making ......................................................................................................... 9
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2.4.3
Deferment of Application: ..................................................................................................... 9
2.4.4
Public Notice (Refer to Ministerial Development Regulations, Sections 13&15) .................. 9
2.4.5
Briefing Sessions .................................................................................................................. 10
2.4.6
Approval-in-Principle (Contingent Approval) ....................................................................... 11
2.4.7
Approval of Development Permit ........................................................................................ 11
2.4.8
Permit responsibilities of the applicant ............................................................................... 12
2.4.9
Temporary Use Permit ......................................................................................................... 12
2.4.10
Correction of Errors and Remedial Work ............................................................................. 12
2.4.11
Revoke Permit ...................................................................................................................... 12
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2.4.12
Fee for Permit ...................................................................................................................... 12
2.4.13
Written Reasons for Refusing a Permit or Setting Conditions on a Permit ......................... 13
2.4.14
Refusal: Premature development ....................................................................................... 13
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2.4.15
Appeal .................................................................................................................................. 13
2.4.16
Register ................................................................................................................................ 13
2.5
SPECIAL CONDITIONS FOR DEVELOPMENT ......................................................................................... 13
2.5.1
Development Agreement ..................................................................................................... 13
2.5.2
Planning Impact Analysis ...................................................................................................... 14
2.5.3
Financial Guarantees by Developer ..................................................................................... 14
2.5.4
Service Levy .......................................................................................................................... 14
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2.5.5
Require Land Conveyed for Public Work Purpose ............................................................... 15
2.5.6
Land for Park/Public Use in Subdivisions ............................................................................. 15
2.5.7
Restoration of Land .............................................................................................................. 15
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2.6
ENFORCEMENT AUTHORITY ............................................................................................................... 15
2.6.1
Delegation of Authority ....................................................................................................... 15
2.6.2
Right of Entry ....................................................................................................................... 16
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2.6.3
Enforcement Authorities ...................................................................................................... 16
3.0
LAND USE ZONES AND OVERLAYS ................................................................................................................. 17
3.1
ZONESANDUSEZONETABLES ............................................................................................................ 17
3.1.1
Land Use Zones .................................................................................................................... 17
3.1.2
Land Use Zone Tables ........................................................................................................... 17
3.1.3
Accessory uses & accessory buildings and Home businesses .............................................. 18
3.1.4
Uses Not Permitted .............................................................................................................. 18
3.1.5
Uses Permitted in All Land Use Zones .................................................................................. 18
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3.1.6
Development Conditions and Standards ............................................................................. 18
3.2
MIXED DEVELOPMENTZONE .............................................................................................................. 20
3.3
CONSERVATION .................................................................................................................................. 23
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3.3.1
Environmental Protection zone ........................................................................................... 23
3.3.2
Open Space, Parks and Trails Zone ...................................................................................... 24
3.3.3
Protected Water Supply Zone .............................................................................................. 25
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3.4
TOWN CENTRE ZONE .......................................................................................................................... 26
3.5
RESIDENTIAL ....................................................................................................................................... 27
3.5.1
Heritage Conservation Zone ................................................................................................ 27
3.5.2
Residential-Serviced zone .................................................................................................... 31
3.5.3
Residential Rural zone .......................................................................................................... 33
3.5.4
Residential Subdivision Area zone ....................................................................................... 35
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3.6
RESOURCE ZONE ..................................................................................................................................... 36
3. 7
LAND USE ZONING MAP OVERLAYS ............................................................................................................ 37
4.0
LAND USE AND DEVELOPMENT DEFINITIONS AND CONDITIONS ................................................................. 39
4.1
INTERPRETATION ................................................................................................................................ 39
4.2
AGRICULTURE LAND USE CLASS .......................................................................................................... 39
4.2.1
Comm~rcial Agriculture ....................................................................................................... 39
4.2.2
Urban Agriculture ................................................................................................................. 40
4.2.3
Kennel .................................................................................................................................. 40
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4.3
COMMERCIAL LAND USE CLASS .......................................................................................................... 41
4.3.1
Amusement Establishment/Use .......................................................................................... 41
4.3.2
Amusement Park/ Attraction ................................................................................................ 41
4.3.3
Auto Body Shop .................................................................................................................... 41
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4.3.4
Automotive Repair Shop ...................................................................................................... 42
4.3.5
Bar/Licenced Liquor Establishment ..................................................................................... 42
4.3.6
Building Supply Store ........................................................................................................... 43
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4.3.7
Campground, including RV campgrounds ............................................................................ 43
4.3.8
Child Care - Non-residential (Note: residential child care is under Home Business) .......... 44
4.3.9
Club and Lodge for Community groups ............................................................................... 44
4.3.10
Contractor, Limited (Small) .................................................................................................. 44
4.3.11
Convenience Store ............................................................................................................... 44
4.3.12
Custom Manufacturing Service and Sales (small/artisan) ................................................... 45
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4.3.13
General Service/Repair Shop ............................................................................................... 45
4.3.14
Hotel or Inn .......................................................................................................................... 46
4.3.15
Marina .................................................................................................................................. 46
4.3.16
Medical or dental clinic/office ............................................................................................. 47
4.3.17
Motel .................................................................................................................................... 47
4.3.18
Outdoor Market ................................................................................................................... 47
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4.3.19
Personal Service ................................................................................................................... 48
4.3.20
Offices: Professional1 Financial and Associated Support Services ....................................... 48
4.3.21
Resort ................................................................................................................................... 48
4.3.22
Restaurants .......................................................................................................................... 49
4.3.23
Retail .................................................................................................................................... 50
4.3.24
Service Station ..................................................................................................................... 50
4.3.25
Veterinarian Clinic ................................................................................................................ 51
4.4
CONSERVATION LAND USE CLASS ....................................................................................................... 51
4.4.1
Environmental Protection .................................................................................................... 51
4.4.2
Open Space1 Parks and Trails ............................................................................................... 52
4.5
INDUSTRIAL LAND USE CLASS ............................................................................................................. 52
4.5.1
4.5.2
4.5.3
4.5.4
4.5.5
Contractorl General ............................................................................................................. 52
Energy Generation Facilities ................................................................................................ 52
Fishery Use ........................................................................................................................... 54
Forestry Activities ............................................ .-................................................................... 54
Industrial - Artistic ............................................................................................................... 54
4.5.5
Industrial - General .............................................................................................................. 54
4.5.6
Industrial - Heavy And/or Hazardous .................................................................................. 55
4.5. 7
Industrial - Light ................................................................................................................... 56
4.5.8
Industrial Mall ...................................................................................................................... 56
4.5.9
Mineral Exploration ............................................................................................................. 56
4.5.10
Mineral Working .................................................................................................................. 58
4.5.11
Mining .................................................................................................................................. 59
4.5.12
Natural Resource-Related Uses ........................................................................................... 59
4.5.13
Salvage/Scrap Yard ............................................................................................................... 60
4.6
PUBLIC/INSTITUTIONAL LAND USE CLASS ........................................................................................... 61
4.6.1
Cemetery .............................................................................................................................. 61
4.6.2
Institutional Use ................................................................................................................... 61
4.6.3
Protective and Emergency Services ..................................................................................... 62
4.6.4
Public Gathering Places -Indoor ........................................................................................... 62
4.6.5
Public Gathering Places - Outdoor ...................................................................................... 63
4.6.6
Sports and Recreation Facilities ........................................................................................... 63
4.7
RESIDENTIAL LAND USE CLASS ............................................................................................................ 64
4.7.1
Single Detached Dwelling ..................................................................................................... 64
4.7.2.
Semi-Detached Dwelling (Double dwelling) ......................................................................... 64
4.7.3
Townhouses ......................................................................................................................... 64
4.7.4
Apartment Building .............................................................................................................. 64
4.7.5
Mini-Home and Mobile Homes ............................................................................................ 65
4.7.6
Cottage (or Cabin} ................................................................................................................ 65
4.7.7
Group Home ......................................................................................................................... 66
4.8
UTILITIES AND PUBLIC INFRASTRUCTURE .......................................................................................... 66
4.8.1
Communications .................................................................................................................. 66
4.8.2
Easement ............................................................................................................................. 67
4.8.3
Utilities ................................................................................................................................. 67
5.0
ACCESSORY USES & BUILDINGS AND HOME BUSINESSES ............................................................................ 68
5.1
ACCESSORY USES ................................................................................................................................ 68
5.1.1
General Accessory Uses ....................................................................................................... 68
5.1.2
Subsidiary Apartments ......................................................................................................... 68
Recreational Vehicles ......................................................................................................................... 69
5.2
ACCESSORY BUILDINGS ....................................................................................................................... 70
5.2.1
Accessory Buildings - General ............................................................................................. 70
5.2.2
Accessory Buildings - Residential Use Class ......................................................................... 71
5.2;3
Accessory Buildings - Non-Residential ................................................................................ 72
5.3
HOME BUSINESS IN THE RESIDENTIAL LAND USE CLASS ..................................................................... 72
5.3.1
General Home Business ....................................................................................................... 72
5.3.2
Development Conditions for Specific Home Businesses ...................................................... 75
6.0
GENERAL REGULATIONS ............................................................................................................................... 77
6.1
LOT AND BUILDING SITING ................................................................................................................. 77
6.1.1
Lot Size Integrity ................................................................................................................... 77
6.1.2
Unsubdivided Land ............................................................................................................... 77
6.1.3
Lot to Front on to a Public Street ......................................................................................... 77
6.1.4
6.1.5
6.1.6
Building Line and Setbacks {Refer to appendices) ............................................................... 77
Flanking or Corner lots ......................................................................................................... 78
Side Yards ............................................................................................................................. 78
6.1.7
Multiple Uses on One Lot ..................................................................................................... 78
6.1.8
Outdoor Storage .................................................................................................................. 79
6.1.9
Civic numbering ................................................................................................................... 79
6.1.10
Building Design and Town Character ................................................................................... 79
6.2
LANDSCAPING, BUFFERS AND NUISANCE & UNSIGHTLY USES ............................................................ 79
6.2.1
General Requirements - Residential, Commercial and Industrial zones ............................. 79
6.2.2
6.2.3
6.2.4
Landscaping requirements for subdivisions ......................................................................... 80
Buffers and Separation Distances Between Land Uses ........................................................ 80
Prohibition on Land Use and Development that create Nuisance, Danger or are Unsightly
............................................................................................................................................. 82
6.3
STREETS, OFF-STREET LOADING AND PARKING ................................................................................... 83
6.3.1
Streets and Access to streets ............................................................................................... 83
6.3.2
Shared Driveway (Access) .................................................................................................... 84
6.3.3
Off-Street Loading Requirements ........................................................................................ 84
6.3.4
Parking ................................................................................................................................. 84
6.4
MUNICIPAL SERVICES AND PUBLIC UTILITIES ................................................................................................. 87
6.4.1
Storm Water Management .................................................................................................. 87
6.4.2
Effluents· .............................................................................................................................. 87
6.4.3
On-Site Services (Wells and onsite sanitary sewer systems) ............................................... 88
7.0
COMPLIANCE WITH FEDERAL AND PROVINCIAL LEGISLATION ..................................................................... 89
7.1
CLIMATE CHANGE DIVISION ................................................................................................................ 89
7.2
DIGITAL GOVERNMENT AND SERVICE NL ............................................................................................ 89
7.3
FISHERIES ............................................................................................................................................ 89
7 .4
FORESTRY ........................................................................................................................................... 90
7 .5
WILDLIFE ............................................................................................................................................. 90
7.6
SURVEYS & MAPPING DIVISION .......................................................................................................... 90
7. 7
LAND RESOURCES STEWARDSHIP DIVISION ........................................................................................ 90
7.8
LOCAL GOVERNANCE AND LAND USE PLANNING DIVISION ................................................................ 90
7 .9
MINERAL LAN OS DIVISION .................................................................................................................. 91
7.10
NATIONAL BUILDING CODE ................................................................................................................. 92
7.11
TRANSPORTATION AND INFRASTRUCTURE (DEPARTMENT) ................................................................... 93
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7.12
WATER RESOURCES MANAGEMENT DIVISION .................................................................................... 93
7.13
POLLUTION PREVENTION ................................................................................................................... 94
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7.14
PROVINCIAL ARCHAEOLOGY OFFICE ................................................................................................... 95
7.15
NATIONAL CODES AND REGULATIONS ................................................................................................ 95
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8.0
SIGNS (ADVERTISEMENTS) ............................................................................................................................ 97
8.1
PERMIT REQUIREMENTS ..................................................................................................................... 97
8.1.1
Permit Required ................................................................................................................... 97
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8.1.2
Permit for a limited period ................................................................................................... 97
8.1.3
Exemptions ........................................................................................................................... 97
8.2
PROVINCIAL HIGHWAY SIGN REGULATIONS, 1996 (URBAN AND RURAL PLANNING ACT, 2000) .................. 97
8.3
REMOVAL OF SIGNS/ADVERTISEMENTS ............................................................................................. 98
8.4
SIGN STANDARDS ................................................................................................................................ 98
8.4.1
Advertisements Relating to Onsite Uses .............................................................................. 98
8.4.2
Advertisements Relating to Offsite Uses on Local Roads .................................................... 98
9.0
SUBDIVISION OF LAND .................................................................................................................................. 99
9.1
SUBDIVISION STANDARDS .................................................................................................................. 99
9.1.1
Subdivision Standards apply ................................................................................................ 99
9.1.2
Subdivisions standards do not apply .................................................................................... 99
9.1.3
Backlot Development ........................................................................................................... 99
9.1.4
Permit Required ................................................................................................................. 100
9.1.5
Public Notice ...................................................................................................................... 100
9.1.6
Subdivision Subject to Zoning ............................................................................................ 100
9.1.7
Subdivision Permit Subject to Considerations ................................................................... 100
9.1.8
Restriction on Sale of Lots .................................................................................................. 101
9.1.9
Building Permits Required .................................................................................................. 101
9.2
SUBDIVISION PERMIT REQUIREMENTS ............................................................................................. 101
9.2.1
Subdivision Development Agreement ............................................................................... 101
9.2.2
Municipal Services to be Provided ..................................................................................... 101
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9.2.3
Private Well water source: Groundwater Supply Assessment and Reporting .................. 101
9.2.4
Fees, Service Levies and Land for Open Space ................................................................... 102
9.3
SUBDIVISION DESIGN STANDARDS ................................................................................................... 103
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9.4
SUBDIVISION ENGINEERING STANDARDS ......................................................................................... 104
9.4.1
Engineer to Design Works and Certify Construction Layout .............................................. 105
9.4.2
Developer to Pay Engineer's Fees and Charges ................................................................. 105
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9.4.3
Street Works May Be Deferred .......................................................................................... 105
9.4.4
Construction of Utilities ..................................................................................................... 105
9.4.5
Structures in Street Reservation ........................................................................................ 105
9.4.6
Transfer of Streets and Utilities to Council (if appropriate) ............................................... 106
9.4.7
Mini/mobile home park subdivision .................................................................................. 106
APPENDICES .............................................................................................................................................................. 107
APPENDIX 1: INTERPRETATION OF TECHNICAL PLANNING TERMS .............................................................. 109
APPENDIX 2-NON-CONFORMING USES AND NON-CONFORMING DEVELOPMENT .................................. 117
APPENDIX 3: MINISTER'S DEVELOPMENT REGULATIONS ........................................................................... 119
APPENDIX 4: WATER RESOURCES MANAGEMENT DIVISION - POLICY FOR LAND AND WATER RELATED
DEVELOPMENTS IN PROTECTED PUBLIC WATER SUPPLY AREAS ....................................................... 128
APPENDIX 5: LAND USE ZONING MAP ......................................................................................................... 135
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1.0
AUTHORITIES AND RESPONSIBILITIES
1.1
Applicability
The Town of New Perlican Development Regulations are prepared pursuant to the authority of Section
35 of the Urban and Rural Planning Act, 2000 .
These Development Regulations apply to:
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all persons proposing to undertake a land use and/or development within the Municipal
Planning Area boundary, whether residents or non-residents; and,
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the Mayor and Councillors and their delegates as they make land use and make development
decisions.
All development, including the subdivision/severance of land, carried out within the Municipal Planning
Area must have a permit issued by Council in accordance with the Town Municipal Plan and these
Development Regulations.
1.2
Legal Effect
Upon publication of the notice of registration of these Development Regulations in the Newfoundland
and Labrador Gazette, the Development Regulations come into legal effect.
These Regulations may be cited as the "Town of New Perlican Development Regulations 2023", prepared
under the authority of Section 35 of the Urban and Rural Planning Act, 2000.
As required under Section 36 of the Urban and Rural Planning Act, 2000, the Ministerial Development
Regulations 03/01 are included in these regulations.
To assist interpretation of the Municipal Plan and Development Regulations, technical planning terms
are found in the appendices. Note that the definitions from the Urban and Rural Planning Act, 2000 and
the (Minister's) Development Regulations 03/01, cannot be amended by the Council.
1.3
Compliance with statutes, regulations, policy and guidelines
Even though an applicant may receive a municipal permit, the applicant is responsible for ensuring
compliance with all relevant Federal and Provincial legislation, regulations, policies and guidelines, and
Municipal regulations under the Municipalities Act, 1999, prior to commencing a land use or
development approved under these Development Regulations. Council may require proof of compliance
prior to approval.
The applicant must undertake any requirements set out by the Town as conditions to approval of the
permit prior to the issuance of an occupancy permit.
The applicant is also responsible for ensuring compliance with all other Town regulations and policies.
The Development Regulations shall be subject to all Federal and Provincial legislation, regulations,
policies and guidelines. Notwithstanding this requirement, these Development Regulations shall
Town of New Perlican
Development Regulations .20.23-.2033
1
incorporate specific compliance requirements as set out in Chapter 4.0. The National Building Code, and
associated codes, such as the Plumbing Code, the Fire Code, the Electrical Code, the Life Safety Code,
and any other ancillary code and other municipal regulations or bylaws regulating or controlling the
development, conservation, and use of land shall, under these Regulations, apply to the entire Municipal
Planning Area.
1.4
Delegation of Authority
Under Section 109 (2) of the Urban and Rural Planning Act, 2000, a council may to appoint/designate an
employee of Council to approve or reject applications to develop land in accordance with the Municipal
Plan and regulations and that employee may outline the conditions applicable to that development.
Council shall make that designation in writing.
Town of New Perlican
Development Regulations .20.23-.2033
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2.0
ADMINISTRATION OF THE REGULATIONS
This Chapter deals with the administration steps and options when processing applications for proposed
land use and development.
2.1
WHEN IS A PERMIT REQUIRED
All development including the subdivision (severance) of land carried out within the Municipal Planning
Area must have a permit issued by Council in accordance with these Regulations and any other by-law or
regulation enacted by Council. No site work (clearing or grubbing) shall commence until a development
permit is issued. The definition of development and subdivision are provided below:
Development as set out in the Urban and Rural Planning Act, 2000, means:
"development means the carrying out of building, engineering, mining or other operations in, on, over
or under land, or the making of a material change in the use, or the intensity of use of land, buildings or
premises and the
i.
making of an access onto a highway, road or way,
ii.
erection of an advertisement or sign,
iii.
construction of a building,
iv.
parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an
office, or for living accommodation,
and excludes the
v.
vi.
vii.
viii.
carrying out of works for the maintenance, improvement, or other alteration of a building,
being works which affect only the interior of the building or which do not materially affect
the external appearance or use of the building,
carrying out by a highway authority of works required for the maintenance or improvement
of a road, being works carried out on land within the boundaries of the road reservation,
carrying out by a local authority or statutory undertakers of works for the purpose of
inspecting, repairing or renewing sewers, mains, pipes, cables or other apparatus, including
the breaking open of street or other land for that purpose, and
use of a building or land within the courtyard of a dwelling house for a purpose incidental to
the enjoyment of the dwelling house as a dwelling ... "; and,
"Subdivision means the dividing of land, whether in single or joint ownership into 2 or more pieces for
the purpose of development". The requirements for subdivision development can be found in Section 8.
For further clarification, no land over which there is an existing structure shall be subdivided for the
purpose of creating distinct title to different dwelling units unless;
a.
Each dwelling unit is entirely comprised within the new title and self-contained within the
new lot with no common spaces or shared services,
b. The fire separation for each dwelling unit is confirmed,
c.
A permit for the subdivision is first obtained from the Town.
d. The subdivision must fully comply with all aspects of the Town's Development Regulations
including, but not limited to; definitions and land use zone requirements;
e. A subsidiary apartment cannot be subdivided from the self-contained dwelling that it is
constructed within.
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2.2
APPLICATION FOR A PERMIT
2.2.1
Who can apply and how
An application for a Permit or for Approval in Principle (see 2.4.6) shall be made only by the owner, or by
a person authorized by the owner, to Council on such form as may be prescribed by Council.
Development is not permitted on un-subdivided land unless sufficient area is reserved to satisfy the yard
and other allowances called for in the Use Zone in which it is located, and the allowances shall be
retained when the adjacent land is developed.
Council shall, on request, supply to every applicant a copy of the application forms and a description of
the plans, specifications, and drawings required to be provided with the application. Council shall
provide all available information to assist in the preparation of the application. Council shall provide all
available information and requirements to assist in the preparation of the application (Section 35 (1) (f)
of the Urban and Rural Planning Act, 2000).
2.2.2
Application Requirements for All Applications
An application for a Development Permit shall contain the information needed to satisfy the applicable
requirements in these Regulations.
Every application shall include:
a.
such plans, specifications and drawings as Council may require;
b.
the permit fee required by Council; and,
c.
all information required to process the application in accordance with these Regulations, such
information shall include at least the following:
A. For the proposed land, such information shall include at least the following:
a.
location of the site on a map;
b. details of proposed use: type, size and scale of operation, landscaping;
c.
lot area, lot frontage, siting of structures;
d.
contours and significant natural features such as wetlands, watercourses, drainage
channels, and slopes that exceed 15 percent, existing vegetation, trees, and any other
environmentally sensitive features;
e.
existing streets, buildings, and land uses in the vicinity of the site;
f.
a conceptual layout of proposed streets, trails, and other major components of the
development;
g.
proposed access/egress, parking, loading requirements;
h. a landscaping plan, including buffers and/or separation distances;
i.
proposed water supply, waste disposal and storm water drainage services; and,
j.
a legal survey plan prepared by a registered Newfoundland and Labrador surveyor.
B. Where the application involves a building, the following information should be added to the
lot information, as appropriate (see Section 6.1):
i.
siting of building on the lot, including building line setback and yards;
ii.
bulk and height, in terms of floor area and building height;
iii.
proposed access/egress off-street parking, circulation, and, parking, loading
requirements;
iv.
a landscaping plan and buffer.
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2.2.3
Application Information Requirements for Discretionary Uses
Discretionary Uses may only be considered for an application to develop where:
a.
the Discretionary Use is stated in the applicable Use Zone table (Chapter 3); and,
b. Council has, at the applicant's expense, published a notice in a newspaper circulating in the area
of the application and considered any representations or submissions received in response to
that advertisement. It is recommended that Council notify the neighbouring property owners
directly regarding the proposed discretionary use.
In addition to the information requirements for lots and buildings in 2.2.2, an application for a
Discretionary Use shall contain the following information relating to Discretionary Uses involving
operation of a business/service, if applicable:
a.
floor area to be used for Discretionary Use,
b.
number of employees employed on site, and
c.
hours of operation.
2.2.4
Application Information Requirements for Planned Unit Developments
Definition: Planned Unit Development means an integrated planned development which may involve a
single use class or mix of use classes of a mix of uses that responds to a unique market opportunity and
involves special development standards not otherwise permitted in the zone. The most common
example of a Planned Unit Development is a vacant land condominium/bare strata development
consisting of a contiguous area to be planned, developed, operated, and maintained as a single entity
and containing one or more structures with common areas that belong to them, such as a box store
complex, resort, multi-unit residential. Development may have zero lot lines provided they meet the
requirements of Digital Government and Service NL
Conditions:
In addition to the information in 2.2.2, the following requirements will apply to all proposed Planned
Unit developments. A definition of a comprehensive development is provided below:
1) Required to submit a Planned Unit Development application (2.2.2 &2.2.4);
2) A Planned Unit Development must have frontage on a public road and comply with use
requirements of the Zone within which it is located. Notwithstanding the requirement for
serviced development, if municipal services are not feasible to the standard required by the
Town, the provision of on-site services shall meet requirement of provincial agencies, in
particular, Water Resource Management Division and Service NL;
3) Roads and services provided in a Planned Unit Development whether they are publicly or
privately owned, may be treated as if they were public roads, public services and public utilities
for the purpose of approvals by Council and other agencies.
4) A Planned Unit Development may be approved by Council in any zone as a development and/or
subdivision on public or private services, subject to the following requirements:
a. The development and/or subdivision shall comply with the requirements of the Municipal
Plan or any scheme adopted under it, and with the zoning for the site as it pertains to land
use, height, and have a suitable relationship to nearby land uses in respect to appearance,
traffic requirements, and demands on municipal services; and,
b. A Development Agreement having a Planned Unit Development site plan attached thereto,
satisfactory to Council, between the owners of the land and the Town controlling the use and
development of such land.
A Planned Unit development application would normally contain the following:
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a.
Goals, objectives and land use policies for the development area;
b.
Identification of developable area of site, indicating site conditions such as poor drainage, steep
slopes, flooding potential and rocky ground;
c.
Proposed siting of new buildings, or additions, including building area size, building height, and
setback distances to property lines;
d. Building lot area coverage where applicable;
e. Total number of proposed multi-unit residential dwellings, or strata unit commercial and/or
industrial units, and interior floor plans;
f.
Layout drawing of proposed parking area, total number and size of parking spaces and
maneuvering aisles, access and egress locations to parking area, provisions for bicycle parking
where applicable, landscape screening for parking areas and storm water drainage management;
g.
Identification of outdoor amenity and open space and recreation areas;
h.
Identification of unenclosed storage areas and area size; and,
i.
Overview of landscaping treatment and approach for the site development.
j.
Phasing of the development;
k.
Street and servicing layout, including on-site road pattern and traffic and relation to surrounding
community in conformance with Town standards;
I.
Indicate any issues related to the long-term maintenance of streets and other services; and,
m. if required, seek an amendment to the Municipal Plan and Development Regulations for
adoption by the Council.
The Planned Unit Development would be prepared and reviewed by the Council according to its regular
development approval process.
2.3
VARIANCES, NON-CONFORMING USES & DEVELOPMENT, AND AMENDMENTS
2.3.1
Variances
Where the proposed development does not comply with the development standards set out in these
Regulations for the zone in which the site occurs, Council may, in its discretion, vary the applicable
development standards to a maximum of ten percent {10%) if, in Council's opinion, compliance with the
development standards would prejudice the proper development of the land, building, or structure in
question or would be contrary to public interest. (the 10% is stipulated in the Ministers Regulations
3/01 and cannot be amended by Council). The applicant may request the variance.
Council shall not allow a variance from development standards set out in the zone as set out in these
Development Regulations if that variance, when considered together with other variances made or to be
made with respect to the same land, building, or structure would have a cumulative effect that is greater
than a ten percent {10%) variance even though the individual variances are separately no more than ten
percent {10%).
Council shall not permit a variance from the development standards where the proposed use would
increase the non-conformity of an existing development or would result in the creation of non-
conformity of any existing legal development.
Where Council is to consider a proposed variance, Council shall give written notice of the proposed
variance from development standards to all persons whose land is in the immediate vicinity of the land
that is the subject of the variance and allow a minimum period of seven (7) days for response.
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Non-Conforming Uses or Non-Conforming Development
If a non-confirming use or a non-conforming development is discontinued after these regulations come
into legal effect, the right to resume a discontinued con-conforming use or non-conforming
development shall not exceed 2 years after the discontinuance occurred. For the purpose of this
regulation, discontinuance of a non-conforming use or non-conforming development begins when any
one of the following conditions are met:
a. The building or use is clearly vacated or the building is demolished;
b. The owner or tenant has ceased paying building taxes for that use; and
c.
The owner or tenant has stated in writing that the use has ceased.
When an application involves a non-conforming use or non-conforming development, the appropriate
sections of the Urban and Rural Planning Act, 2000 (Sections 14-17) and Ministerial Development
Regulations 03/01 (Section 14, 15 & 16) apply. These can be found in Appendix 2.
2.3.3
Amendment to Development Regulations
An amendment to these Development Regulations may be requested by any person and shall be
submitted to the Council. Note that this might also require an associated amendment to the Municipal
Plan.
All costs for the amendment are to be borne by the person requesting the amendment, (Section 27, the
Urban and Rural Planning Act, 2000) except when the amendment is initiated by Council.
A person requesting an amendment application shall be the property owner or a person operating under
the owner's written consent. A copy of this written consent must accompany the application for an
amendment to the text of the Development Regulations or rezoning of the Land Use Zoning Map.
An amendment to the text of the Development Regulations and/or the Land Use Zoning Map which
requires an associated amendment to the Municipal Plan must follow the amendment process set out in
Sections 14 - 25 of the Urban and Rural Planning Act, 2000.
An amendment to the text of the Development Regulations and/or the Land Use Zoning Map which does
not requires an associated amendment to the Municipal Plan does not follow the full process set out in
Sections 14-25 of the Urban and Rural Planning Act, 2000; however, section 14 public consultation is
required as part of the Council review process. Council then must adopt the amendment by resolution
at a Regular Meeting of Council as per Section 35 (5) of the Urban and Rural Planning Act, 2000. The
Amendment shall be submitted in the required form to the Local Governance and Land Use Planning
Division for Registration.
Where a Municipal Plan amendment and/or Development Regulation amendment is required, all, or
some, of the following criteria may be considered:
a.
all of the criteria listed in the policies of the Municipal Plan;
b. the height, location and spacing of any buildings in the proposed development, and any potential
impacts on surrounding land uses;
c.
the location of vehicular access points the likely impact of traffic generated by the proposal on
streets, pedestrian and vehicular safety, and on surrounding properties;
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d. the exterior design in terms of bulk, scale, and layout of buildings, and the integration of these
uses with present and future land uses in the area;
e.
the potential impact of the development on surrounding natural features and heritage resources;
f.
constraints posed by the environment, including but not limited to locations where adverse
effects from landfill sites, sewage treatment plants, methane gas, contaminated soils, noise,
ground borne vibration, and rail safety may limit development;
g.
compliance of the proposed development with the provisions of the Town's Municipal Plan and
Development Regulations; and,
h. measures planned by the applicant to mitigate any adverse impacts on surrounding land uses and
streets which have been identified as part of the Planning Impact Analysis.
An applicant for a proposed change in land use may be required to provide information and details on
the development and its likely impacts, as noted in 2.5.2 Planning Impact Analysis.
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2.4
COUNCIL DECISION-MAKING
2.4.1
Discretionary Decision-making Powers of Council
In considering an application for a permit to carry out development, Council shall take into account the
policies expressed in the Municipal Plan and any further scheme, plan or Regulations pursuant thereto,
and shall assess the general appearance of the development of the area, the amenity of the
surroundings, availability of utilities, public safety and convenience, and any other considerations which
are, in its opinion, material, and notwithstanding the conformity of the application with the
requirements of these Regulations, Council may, in its discretion, and as a result of its consideration of
the matters set out in this Regulation, conditionally approve or refuse the application.
2.4.2
Timely Decision-making
Applications properly submitted in accordance with these Regulations which have not been determined
by Council and on which a decision has not been communicated to the applicant within 90 days of the
application being received by Council, shall be deemed to be refused. The 90-day period applies to
permitted uses, discretionary uses, non-conforming uses and variances and shall exclude any time
required for notification as set out in 2.4.4.
2.4.3
Deferment of Application:
Council may, with the written agreement of the applicant, defer consideration of an application. Council
may defer decisions on an application for a Development Permit and/or an application.
If the application is not deferred within 90 (eighty) days of submission and no decision is made by
Council, the application shall be deemed refused.
Council may defer decisions on an application for a Development Permit and/or an application for an
amendment to these Regulations within a specified area where Council has directed that a planning
study or other similar study pertaining to the future use and development of the specified area be
undertaken. A decision to defer an application when a Council requests further information or studies
does not allow an appeal under Section 42 (1) of the Urban and Rural Planning Act, 2000.
An application may be withdrawn only on receipt of a written request from the applicant.
2.4.4
Public Notice (Refer to Ministerial Development Regulations, Sections 13&15}
Council must, at the applicant's expense (Section 35 (1) of the Urban and Rural Planning Act, 2000),
publish a notice in a newspaper circulating in the area of the application, or by any other means
approved by the Local Governance and Land Use Planning Division, and consider any representations or
submissions received in response to that advertisement, for the following:
1. A change in a non-conforming use; notice of an application to change a non-conforming use will be
by advertisement in a newspaper circulating in the area, or by other reliable means as deemed
appropriate by Council, and a minimum of seven (7) days will be provided for persons to respond.
2. A proposed development is listed as a discretionary use; notice of an application regarding a
proposed discretionary use be by advertisement in a newspaper circulating in the area, or by other
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reliable means as deemed appropriate by Council, this may include providing notice given directly to
persons whose land is in the immediate vicinity of the land that is subject to the proposed
discretionary use, and a minimum of seven (7) days will be provided for persons to respond.
3.
A Planned Unit Development is proposed; Council will publish a notice in a newspaper circulating in
the area or by other reliable means give public notice, and will provide a minimum of fourteen (14)
days for persons to respond; and If Council determines that the public should be notified of an
application; notice of the application will be by advertisement in a newspaper circulating in the area,
or by other reliable means as deemed appropriate by Council, and a minimum of seven (7) days will
be provided for persons to respond;
4. A Planning Impact Analysis is proposed; Council will publish a notice in a newspaper circulating in
the area or by other reliable means give public notice, and will provide a minimum of fourteen (14)
days for persons to respond;
5. Variance: Notification regarding a variance will be carried out as follows: A variance; written notice
of a variance application should be given directly to persons whose land is in the immediate vicinity
of the land that is the subject of the variance who are likely to be affected (Ministers Development
Regulations 3/01-see appendices) and a minimum of seven (7) days will be provided for persons to
respond.
2.4.5
Briefing Sessions
Council may require a public meeting to be held in respect of any matter arising under these
Regulations.
Council shall advertise or require the applicant to advertise the application by a minimum of.one (1)
advertisement in a newspaper circulating in the local area, , or by other reliable means as deemed
appropriate by Council, for at least ten (10) calendar days prior to the holding of a briefing session where
the application shall be discussep.
The notice shall: (a) contain a general description of the application; (b) specify the date set for the
briefing session at which the application is to be discussed; (c) specify the date set for receipt of written
representation on the application by the Town; (d) identify the place and time where the application can
be viewed by the public; and (e) specify that Council shall cancel the briefing session if no written
response is received by the deadline for the receipt of responses.
Council may make such effort as it deems reasonable to provide for written notices to be mailed to the
addresses of property owners, as identified on the current Town's assessment role, within a radius of
about 150 m from the application site, a minimum of fourteen (14) calendar days prior to a briefing
session where such application is discussed.
Notes of the proceedings of the briefing session shall be recorded and these notes, together with any
written representations, shall be considered by Council when it makes its decision on the matter, which
is the subject of the briefing session.
An elected member of Council shall act as Chairperson of the briefing session.
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2.4.6
Approval-in-Principle (Contingent Approval)
Council may grant a contingent approval-in-principle (Section 35 (1) (e) (iv)) of Urban and Rural Planning
Act, 2000) if it determines that the proposed development complies generally with the intent and
purposes of the Municipal Plan and these Regulations.
Council will attach to the approval-in-principle such conditions that it deems necessary to ensure the
proposed development will be in accordance with the Municipal Plan and these Regulations. It will also
outline such details that the applicant will be required to address before a final development permit will
be granted.
An approval-in-principle will be valid for a period of one (1) year and may be extended for one (1)
additional year, up to a maximum of two (2) years.
Where approval- in-principle is granted under these regulations, it shall be subject to the subsequent
approval by Council of the details and conditions as listed in the Approval in Principle, which shall be
received not later than one year from the issuance of the Approval in Principle. Approval- in-principle
will not constitute permission to commence development. No form of development will commence until
Council has issued a proper development permit.
Where approval in principle is granted, approval of a final development permit will be subject to the
subsequent approval by Council of any details and conditions that were outlined in the approval in
principle. If the details and conditions are not received, and there is no request for an extension (as per
2.5.5) then the Approval in Principle is void and the application is rejected.
Council may revoke approval in principle if it determines that the applicant has changed the proposed
development in a way that significantly alters the original intent of the application or has not adequately
addressed conditions or details stipulated in the approval in principle.
A decision by Council on an application for an approval in principle can be appealed in accordance with
Section 42 of the Urban and Rural Planning Act, 2000.
2.4.7
Approval of Development Permit
1.
2.
3.
4.
A written development permit issued by Council or its designated staff will constitute permission to
develop in accordance with these regulations;
This permission shall not relieve the applicant from full responsibility for obtaining all other permits
or approvals prior to commencement of development and complying with all other regulations and
statutes during development.
Council may attach conditions to a development permit to ensure compliance with the Municipal
Plan and these Regulations, and the permit holder will be responsible for full compliance with these
conditions.
When approving an application for a discretionary use, Council shall state in writing the basis for its
approval.
A permit is valid for such period, not in excess of two years, as may be stated therein, and if the
development has not commenced, the permit may be renewed for a further period not in excess of
one year, but a permit shall not be renewed more than three years; except for Signs (see 8.2).
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5.
No person shall change the application for which a development permit was issued unless written
approval of the change has been issued by Council.
6. A copy of the development permit, along with plans and specifications, shall be kept on the site until
the development is completed.
7. A decision by Council on an application to undertake development can be appealed in accordance
with Section 42 of the Urban and Rural Planning Act, 2000.
2.4.8
Permit responsibilities of the applicant
The applicant must meet the requirements of the Regulations and conditions attached to the permit to
develop. Note that, even though an applicant may receive a municipal development permit, the
applicant is responsible for ensuring compliance with all relevant federal and provincial legislation,
regulations, policies and guidelines prior to commencing a land use or development approved under
these Development Regulations. Council may require proof of compliance with federal or provincial
requirements before issuing municipal approval.
2.4.9
Temporary Use Permit
Definition: A temporary use permit means a permit for a development or the use of land that is limited
in scope, duration, and frequency and is allowed to operate on a short-term basis, such as, a temporary
outdoor market.
Conditions:
1. At its discretion, Council may issue a development permit for a temporary use, which must comply
with the Municipal Plan and these Regulations.
2. The permit may be for a period not exceeding one {1) year and may be extended at the request of the
applicant for one (1) additional year, up to a maximum of two (2) years.
3. The permit may be issued for a shorter period of time on an annual basis.
2.4.10 Correction of Errors and Remedial Work
The approval of any plans or drawings or the issuance of a Development Permit or permit shall not
prevent Council or any officer from thereafter requiring the correction of errors or from ordering the
cessation of, or remedial work on any development being carried out in the event that the same is in
violation of these or any other regulations or statutes.
2.4.11 Revoke Permit
Council or any designated officer may revoke an approval and any subsequent permits for (1) failure by
the holder, to comply with these Regulations or any condition attached to the permit or {2) where the
permit was issued contrary to the applicable regulations or (3) was issued on the basis of incorrect
information or issued in error.
2.4.12 Fee for Permit
Council may charge a fee for a development permit in accordance with the annual schedule of fees
adopted by Council.
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2.4.13 Written Reasons for Refusing a Permit or Setting Conditions on a Permit
1. Council shall, when refusing to issue a permit or attaching conditions to a permit:
a.
state the reasons for so doing; and,
b.
advise the applicant of their right to appeal in accordance with Section 42 of the Urban
and Rural Planning Act., 2000.
2. Where a Development Permit application for a land or building development or for an amendment to
the Development Regulations has been effectively denied by a resolution of Town Council, application
for the same development, building or amendment shall not be considered within 12 months of the
· date of the refusal.
2.4.14 Refusal: Premature development
No permit shall be issued for development within the Municipal Planning Area when in the opinion of
Council, it is premature by reason of the site lacking adequate road access, power, drainage, sanitary
facilities, or domestic water supply, or being beyond the natural development of the area at the time of
application, unless the applicant contracts to pay the full cost of construction of the services deemed
necessary by Council and such cost shall attach to and upon the property in respect of which it is
imposed.
2.4.15 Appeal
A person or an association of persons aggrieved of a decision by the Council shall have the right to
appeal that decision in accordance with the provisions of Sections 42 to 46 of the Urban and Rural
Planning Act., 2000 and Sections 5 to 11 of the Ministers Development Regulations.
The applicant must be informed of the right to appeal in the letter of refusal.
2.4.16 Register
Council shall keep a register of all applications for development and shall enter therein Council's decision
upon each application and the result of any appeal from that decision.
2.5
SPECIAL CONDITIONS FOR DEVELOPMENT
2.5.1
Development Agreement
Definition: A development agreement is a voluntary contract between a local jurisdiction and a person
who owns or controls property within the jurisdiction, detailing the obligations of both parties and
specifying the standards and conditions that will govern development of the property.
These agreements can specify various elements of the development process ranging from phasing of a
larger comprehensively planned community, to tax-sharing for retail development, to critical
infrastructure responsibilities. Development agreements are sometimes used in combination with a
Planned Unit Development (Section 2.5.1), or a Development Scheme, Section 29 of the Urban and Rural
Planning Act., 2000., in the form of a binding agreement that specifies the negotiated terms of the
development, but these tools may also be used independently.
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Where a Development Agreement is required as a condition of a Development Permit or approval-in-
principle, the Development Agreement set out the terms specific to that agreement and shall be signed
by the applicant and Council within one year of the approval granted by Council.
Development cannot proceed until all conditions of the Development Permit are met and the
Development Agreement is signed by the applicant and Council.
2.5.2
Planning Impact Analysis
Council may require a Planning Impact Analysis to evaluate any proposed land use, development and/or
situation that affects the implementation of policies contained in the Municipal Plan.
A Planning Impact Analysis (PIA) may be required by Council to evaluate applications to determine the
appropriateness of a proposed change in land use, and to identify potential issues and provide proposals
for mitigation. The PIA will document the criteria used in the application review process.
The Terms of Reference for a Planning Impact Analysis shall be approved by Council prior to its execution
and shall become an integral part of the report itself. The PIA shall be prepared by qualified
individuals/consultants. The report and any supporting studies may be prepared at the expense of the
applicant, at Council's discretion. The report shall identify significant impacts, evaluate their importance,
and recommend a Mitigation Plan indicating measures of control or mitigation, where appropriate.
Prior to the approval of a Planning Impact Analysis, Council shall provide adequate time for a public
review of the report, using the procedures for public notification as outlined in Section 2.4.4.
2.5.3
Financial Guarantees by Developer
Council may require a developer, before commencing a development, to make such financial provisions
and/or enter into such agreements as may be required to guarantee the payment of service levies,
ensure site reinstatement, and to enforce the carrying out of any other condition attached to a permit.
The financial provisions may be made in the form of:
a.
a cash deposit from the developer, to be held by Council;
b. a security or guarantee by a bank, or other institution acceptable to Council, for expenditures by
the developer;
c.
a performance bond provided by an insurance company or a bank, or;
d. an annual contribution to a sinking fund held by Council.
The financial guarantee will be returned when the site has been restored and any conditions attached to
the development permit have been carried out to Council's satisfaction.
2.5.4
Service Levy
Council may require a developer to pay a service levy where development is made possible or where the
density of potential development is increased, or where the value of real property is enhanced by the
carrying out of public works either on or off the site of the development (Section 149 (2) Municipalities
Act, 1999).
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A service levy shall not exceed the cost, or estimated cost, including finance charges to Council of
constructing or improving the public works referred to above that are necessary for the real property to
be developed in accordance these Regulations.
A service levy may be assessed on the real property based.on: (a) the amount of real property benefited
by the public works related to all the real property so benefited, and {b) the density of development
made capable or increased by the public work.
Council may require a service levy to be paid by the owner of the real property; {a) at the time the levy is
imposed, {b) at the time development of the real property commences, (c) at the time development of
the real property is completed, or (d) at such other time as Council may decide.
2.5.5
Require Land Conveyed for Public Work Purpose
A Council shall for a development that is not involving a subdivision, require such quantity of land to be
conveyed as required to facilitate the public works to accommodate the proposed for development.
2.5.6
Land for Park/Public Use in Subdivisions
Council shall require the dedication of a percentage of the land area of any subdivision or other
development not more than 10% to be developed as park land or other public use, and such land shall
be conveyed to Council in accordance with Section 37 of the Urban and Rural Planning Act, 2000. The
Town may consider cash in lieu as well.
2.5.7
Restoration of Land
Where the use of a site is discontinued, the intensity of its use is decreased, a development permit has
been revoked or has expired, or a temporary development permit has expired, Council may order the
developer, the occupier of the site, the owner, or all of them to restore the site, remove all or any
buildings or erections, cover or fill all wells or excavations, and close all or any accesses, or to do any or
all of these things, as the case may be, and the developer, occupier or owner shall carry out the order of
Council and shall put the site in a clean and sanitary condition to Council's satisfaction.
2.6
ENFORCEMENT AUTHORITY
2.6.1
Delegation of Authority
The Town Council may delegate the authority regarding duties, powers and functions under the Urban
and Rural Planning Act, 2000, to employees according to the requirements of Section 109 including:
a.
The authority to approve or reject applications to develop land and outline conditions
applicable to that development;
b.
Issue an order under Section 102 (where, contrary to a plan or development regulations,
a person has undertaken or commenced a building or other development, the council
responsible for that plan or those regulations considers it necessary to pull down, remove,
stop construction fill in or destroy a building or development and may order that the
person restore the site or area to its original state); the order shall be confirmed by a
Town of New Perlican
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majority vote of Council and the next meeting after the order is made and if the order is
to confirmed in this manner, it shall be considered to be cancelled.
2.6.2
Right of Entry
Under the authority of Section 105 of the Urban and Rural Planning Act, 2000, Council or an officer may
enter upon any public or private land and may at all reasonable times enter any development or building
upon the land for the purpose of making surveys or examinations or obtaining information relative to
the carrying out of any development, construction, alteration, repair, or any other works whatsoever
which Council is empowered to regulate.
2.6.3
Enforcement Authorities
1. Where it is determined that a use of land or development is contrary, or apparently contrary, to the
Municipal Plan and Development Regulations, Council may initiate enforcement measures by issuing
a stop work order.
2. A stop work order requires that person to stop the development or work connected therewith pending
the final adjudication in any prosecution arising out the of the development.
3.
Each inspector shall keep a record of violations of these Regulations and report these violations to
Council.
4. A person who does not comply with an Order is guilty of an offence under the provisions of the Urban
and Rural Planning Act, 2000.
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LAND USE ZONES AND OVERLAYS
3.1
ZONES AND USE ZONE TABLES
3.1.1
Land Use Zones
1. The Municipal Planning Area is divided into Land Use Zones which are shown on the Land Use Zoning
Maps attached to, and forming part of, these Regulations. For each zone, the intent and governing
policies are set out in the Municipal Plan.
2. The boundaries of the Use Zones shown on the Land Use Zoning Maps are general only and, except
where they coincide with roads, shorelines, or other prominent physical features; they are not
intended to define exact limits. No Development Regulation amendment shall be required in order to
accommodate minor adjustments of the Use Zone boundaries.
3. Other than such minor boundary adjustments, no development shall be permitted that does not
conform to the Use Zone delineated on the Land Use Zoning Maps.
4. Where there is uncertainty regarding the existence of a watercourse identified on the zoning map,
this can be confirmed in the field. If it is determined that the watercourse does not exist, the area in
question will be treated as if it is occurring within the surrounding zone.
5. The following zones were developed to reflect the implement the policies under the land use
designations set out in the Town of New Perlican Municipal Plan:
LAND USE DESIGNATIONS
LAND USE ZONES
Future Land Use (FLU)
(LUZ)
Commercial
1. Mixed Development
Conservation
2.
Environmental Protection
3.
Open Space, Parks & Trails
4.
Protected Water Supply
Public/Institutional
5. Town Centre
Residential
6.
Heritage Conservation
7.
Residential-Serviced
8.
Residential Rural
9.
Residential Subdivision Area
Resource
10. Resource
3.1.2
Land Use Zone Tables
This Chapter provides a Use Zone Tables which sets out the permitted, and discretionary uses for each
Zone. The standards, requirements and conditions applicable to these Uses are set out in an associated
Site Development Standards table, in addition to the overall requirements set out in these Regulations.
Sections 2.4.1 and 2.4.14 provide Council with discretion regarding decisions for both permitted and
discretionary uses.
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3.1.2.1
Permitted Uses
Subject to these Regulations, Permitted Uses set out in the Use Zone Table shall be permitted by the
Council in that Use Zone provided that it meets the requirements of the Development Regulations.
3.1.2.2
Discretionary Uses
The discretionary uses listed in the Use Zone Tables may be permitted at the discretion of Council,
provided that they are complimentary to uses within the permitted use class, or that their development
will not inhibit or prejudice the existence or the development of such uses.
Council must be satisfied that the development would not be contrary to the general intent and purpose
of these Regulations, the Municipal Plan, or any further scheme or plan or regulation pursuant thereto,
and to the public interest.
Council is required to provide public notice of the application in accordance with Provision 2.4.4 and has
considered any objections or representations which may have been received on the matter.
3.1.3
Accessory uses & accessory buildings and Home businesses
A permit is required for accessory uses & accessory buildings and Home businesses. Definitions and
examples are provided in Chapter 5.
3.1.4
Uses Not Permitted
Uses that are not listed as Permitted or Discretionary Use on a Use Zone Table shall not be permitted in
that Use Zone.
3.1.5
Uses Permitted in All Land Use Zones
The following uses will be permitted in all land use zone.
1. Environmental protection uses (4.4.1);
2. Open space/park, & trail uses (4.4.2);
3.
Mineral exploration not classed as 'Development' (Section 4.5.12);
4.
Development associated with public infrastructure and municipal services, including public
infrastructure and utilities - Refer to Section 4.8;
5. Accessory uses and buildings (see 5.1.1 & 5.2.1) provided the buildings are clearly incidental and
complimentary to the main buildings' character, size and use; and
Wharf/boathouse/slipways/breakwater, subject to 5.2.1 (6);
3.1.6
Development Conditions and Standards
1. All Development within the Municipal Planning Area must conform to:
a.
Policies set out in the Municipal Plan;
b.
Development standards and conditions set out in the Development Regulations, Chapters 1-8.
c.
Any other municipal regulation or bylaw in force in the Municipal Planning Area regulating or
controlling development, conservation, heritage, fences, and use of land and buildings under the
Municipalities Act, 1999;
d.
Requirements of Federal and Provincial legislation, regulations, policies and guidelines; including
the National Building Code and ancillary codes (plumbing, electrical, etc.).
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2. If Council is aware that a proposed development may not comply with Provincial or Federal legislation,
it may require the applicant to provide confirmation that necessary government approvals have been
obtained before issuing a development permit.
3. If Council deems that a proposed development may trigger the requirements of the Environmental
Protection Act, 2002 the proponent will be advised to consult with the Environmental Assessment
Division and a development permit cannot be issued until this process is complete.
4. Where these Regulations are more stringent than Provincial or Federal legislation, these Regulations
will apply.
5. If the proposed development is not a use that is a permitted or discretionary use in the Zone where
the land is located; then, the applicant may consider an application to rezone the property.
Town of New Perlican
Development Regulations .20.23-.2033
3.2
MIXED DEVELOPMENT ZONE
USE ZONE TABLE: MIXED DEVELOPMENT ZONE
PERMITTED USES
-All uses in the Commercial land Uses {4.3) EXCEPT
Amusement Park and Campgrounds (see list below in
Conditions #3)
DISCRETIONARY USES
-Bar {4.3.5)
-Industrial light {4.5. 7)
-Home care-residential (5.3.2.3)
-Industrial Artist (4.5.5)
-Institutional Use-Personal care only {4.6.2)
-Public Gathering Place - indoor (4.6.4)
-Public Gathering Place-outdoor {4.6.5)
Recreational Vehicle {5.1.3)-subject to
Condition 5
-Sports & Recreation facilities {4.6.6)
-Home businesses-(5.3.1) see Condition 2 {b)
-Single detached dwelling {4.7.1)
-Semi-detached (double) dwelling {4.7.2)
-Apartment building {4.7.4)
-Townhouse {4.7.5)
-Home businesses-(5.3.1) see Condition 2 (a)
-Uses set out in 3.1.5
Conditions
1) Uses allowed in all zones (3.1.5):
a.
Environmental protection uses (4.5.1);
b. Open space/park, & trail uses (4.5.2);
c.
Mineral exploration not classed as 'Development' (Section 4.4.12);
d. Development associated with public infrastructure and municipal services, including
public infrastructure and utilities- Refer to Section 4.8;
e. Accessory use: Wharf/boathouse/slipways/breakwater, subject to 5.2.1 (6);
f.
Accessory Uses and Accessory Buildings, provided the buildings are clearly incidental and
complimentary to the main buildings' character, size and use (5.2.1 & 5.2.2).
2) Home business permitted uses include:
a.
Permitted:
i. Professions, such as, but not limited to, an accountant, architect, engineer,
realtor, insurance agent, planner, lawyer;
ii. Artisan and other home crafts;
iii. Telephone and mail order business;
b. Discretionary:
Town of New Perlican
i. Food preparation for catering services and baking;
ii. Music and dance lessons, and educational tutoring
iii. Personal service that do not disrupt the residential character of the
neighbourhood, such as a hairdressing, tailor, photographer, pet groomer,
caterer's establishment, shoe repair, dressmaking, sewing repairs and tailor
shop, small appliance, clock/watch, bicycle, ski and snowboard and computer
repair, locksmiths, manicurists;
iv. Care services, such as child care, or home-care; and similar occupations or
businesses.
v. Art gallery and framing shop;
vi. Pet grooming services;
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viii.
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xi.
Bed and Breakfasts;
Boarding house
Home care-residential
Furniture repair and upholstery;
Sale of bedding plants and trees grown on the same lot;
3) List of Commercial Land Uses: Amusement Establishment/Use (4.3.1), Auto Body Shop (4.3.3),
Automotive Repair Shop (4.3.4), Bar/Licenced Liquor Establishment (4.3.5), Building Supply Store
(4.3.6), Child Care - Non-residential (4.3.8), Club and Lodge for Community groups (4.3.9),
Contractor, Limited (Small) {4.3.10), Convenience Store {4.3.11), Custom Manufacturing Service
and Sales-small/artisan {4.3.12), General Service/Repair Shop {4.3.13), Hotel or Inn (4.3.14),
Marina (4.3.15), Medical or dental clinic/office (4.3.16), Motel (4.3.17), Outdoor Market (4.3.18),
Personal Service (4.3.19), Offices: Professional, Financial and Associated Support Services
{4.3.20), Resort (4.3.21), Restaurant-Take-Out (4.3.22.1), Full-Service Restaurant (4.3.22.2),
Mobile Take-Out or Street Vendor (4.3.22.3), Retail (4.3.23), Service Station (4.3.24),
Veterinarian Clinic (4.3.25);
4) Development must conform to the requirements of Section 3.1.6;
5) Recreational vehicles (RV) requirements:
a.
Except where the owner of a RV is storing a personal use RV at his/her residence, a RV shall
only be stored in a campground or on a vacant parcel of land that is located adjacent to the
parcel of land on which the residence is located.
b. The Town may issue temporary permits for a guest or visitor RV located on a residential
property, where:
c.
There is an existing dwelling;
d. The Town is satisfied that the RV is only to be occupied on a temporary basis;
e. The RV is wholly self-contained in respect of water supply and waste disposal, which is to say,
it is not connected to the Town's water and/or sewer system.
f.
Recreational vehicles may be parked permanently on serviced lots that do not meet the
minimum lot size for serviced dwellings; Requirements for permanent RVs are:
g.
Shall comply with· site development standards and sub-section' 6.1.7 Multiple uses on One
lot';
h. Shall be located 2.4 metres from any building and 3 metres from the nearest part of a
residential structure;
i.
Cannot be located in the front of the building line of the lot;
j.
RVs shall hook up to municipal water and sewer services (no generator use allowed);
k.
RVs shall be required to hook up to hydro service (no generators allowed); alternative sources
of energy may be considered subject to the approval of Council provided they are not
unsightly or a nuisance;
I.
Town shall charge taxes for the provision of municipal services;
m. The state or condition of the RV or trailer to be allowed on a site shall be at the discretion of
Council;
6) The RV or trailer shall be used for personal use only (no commercial use, particularly Airbnb or
other rental);
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DEVELOPMENT STANDARDS: MIXED DEVELOPMENT ZONE
SERVICED SITES
Non-serviced sites must meet Digital Government &
Standard
Service NL site servicing standards
Single Detached
Semi-Detached
Commercial Land use class
Minimum
Dwelling
Dwelling
Townhouse
uses
Lot size (m2)
450
270/unit
180/unit
n/a
Frontage (m)
15
10/unit
6/unit+9 for
20
each end unit
7 - See
7- See condition
At discretion of Council
Building Line
condition (1)
(1)
8
At the discretion of Council
Side Yards (m)
1 & 3 -see
3
3
provided that there is a
condition (2)
minimum of 4 m between
adjacent buildings
At the discretion of Council
Flanking Yard
6
8
5-7
provided that there is a
(m)
minimum of 4 m between
adjacent buildings
Rear Yard (m)
6
8
8
5
Maximum
Lot Coverage %
40
40
40
45
Height (m)
10
10
10
8
Conditions
1) Council, at its discretion, may allow development to complement existing building setbacks of
adjoining properties by changing the building line after notification of the proposed change is given
to neighbouring property owners.
2) There shall be a minimum of 4 metres between buildings on adjacent lots.
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CONSERVATION
3.3.1
Environmental Protection zone
USE ZONE TABLE: ENVIRONMENTAL PROTECTION
PERMITTED USES
DISCRETIONARY USES
- Environmental Protection (4.5.1)
-Forest activities-domestic harvest only (4.5.4)
- Open Space, Parks and Trails (4.5.2)
-Fishery use (4.5.3)
-Marina (4.3.15)
-Uses set out in 3.1.5
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
(2) Uses allowed in all zones {3.1.5):
a.
Environmental protection uses (4.5.1);
b. Open space/park, & trail uses (4.5.2);
c.
Mineral exploration not classed as 'Development' (Section 4.4.12);
d.
Development associated with public infrastructure and municipal services, including public
infrastructure and utilities- Refer to Section 4.8;
e. Accessory use: Wharf/boathouse/slipways/breakwater, subject to 5.2.1 (6);
f.
Accessory Uses and Accessory Buildings, provided the buildings are clearly incidental and
complimentary to the main buildings' character, size and use (5.2.1 & 5.2.2).
(3) Any development within a specified distance of a designated trail or water course will be reviewed
to ensure that development does not negatively impact such trail or watercourse and the property
owner may be required by the Town to provide a buffer.
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3.3.2
Open Space, Parks and Trails Zone
USE ZONE TABLE
OPEN SPACE, PARKS AND TRAILS
PERMITTED USES
DISCRETIONARY USES
-Open Space, Parks and Trails (4.5.2}
-Campgrounds (including RV parks) (4.3.7}
-Public gathering places-outdoor (4.6.5}
-Uses set out in 3.1.5
-Restaurant - Mobile Take Out, Street Vendor only
(4.3.22.3)
-Outdoor Market (4.3.18}
Conditions
(1) Development must conform to the requirements of Section 3.1.6;
(2) Uses allowed in all zones (3.1.5):
a)
Environmental protection uses (4.5.1);
b) Open space/park, & trail uses (4.5.2);
c)
Mineral exploration not classed as 'Development' (Section 4.4.12);
d) Development associated with public infrastructure and municipal services, including public
infrastructure and utilities - Refer to Section 4.8;
e) Accessory use: Wharf/boathouse/slipways/breakwater, subject to 5.2.1 (6);
f)
Accessory Uses and Accessory Buildings, provided the buildings are clearly incidental and
complimentary to the main buildings' character, size and use (5.2.1 & 5.2.2).
g) Any development within a specified distance of a designated trail or water course will be
reviewed to ensure that development does not negatively impact such trail or watercourse
and the property owner may be required by the Town to provide a buffer.
h) Development standards for uses in the Recreation Open Space zone shall be as per the
standards in the other zones where these uses occur;
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Protected Water Supply Zone
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the Water Resources Management Division
(Refer to Condition 1)
DISCRETIONARY USE CLASSES Uses that are
discretionary by the Water Resources Management
Division (Refer to Condition 1)
-Environmental Protection Area (4.5.1)
-Cottage/seasonal residential ( 4. 7. 6)
-Mineral Working {4.4.13}
-Forestry {4.5. 7)
-Mineral Exploration-development (4.4.12)
-Commercial Agriculture {4.2.1}
-Conservation {4.5)
-Natural Resource Use (4.5.12)
-Uses permitted in all zones {3.1.5)
Conditions:
(1) No development is allowed without the approval of the Water Resources Management Division. The
proponent must obtain a permit under Section 39 of the Water Resources Act, 2002 and comply with
Division policy: W.R. 95-01-Land and Water Developments (Public water supplies);
(2) The following buffers apply regarding development within a Protected Water Supply Area:
Watercourse (Body of water)
Buffer - Minimum width
Intake pond or lake
150 metres
Intake river
150 metres for 1 kilometre upstream and 100 metres
downstream of a water supply intake
Main river channel
75 metres
Major tributaries, lakes or ponds
50 metres
Other watercourses
30 metres
(3) Development must conform to the requirements of Section 3.1.6;
(4) Uses allowed in all zones (3.1.5):
a.
Environmental protection uses (4.5.1);
b. Open space/park, & trail uses (4.5.2);
c.
Mineral exploration not classed as 'Development' (Section 4.4.12);
d. Development associated with public infrastructure and municipal services, including public
infrastructure and utilities - Refer to Section 4.8;
e. Accessory use: Wharf/boathouse/slipways/breakwater, subject to 5.2.1 (6);
f.
Accessory Uses and Accessory Buildings, provided the buildings are clearly incidental and
complimentary to the main buildings' character, size and use (5.2.1 & 5.2.2).
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3.4
TOWN CENTRE ZONE
USE ZONE TABLE: TOWN CENTRE ZONE
PERMITTED USES
-Public/Institutional -ALL: excluding Cemetery{4.6.1} and Institutional
use {4.6.2};and
-Protective &Emergency services {4.6.3},
-Pubic Gathering Places-Indoor {4.6.4}
-Public Gathering Places-Outdoor (4.6.5}
-Sports and Recreation Facilities (4.6.6)
-Amusement Park/Attraction {4.3.2}
-Offices (4.3.20}
-Outdoor Market (4.3.18}
--Uses set out in 3.1.5
DEVELOPMENT STANDARDS: TOWN CENTRE
Minimum Standards
Front yard (building line) (m)
8
Side yard (m)
4
Flanking yard (m)
4
Rear yard (m)
8
Maximum Standards
Height (m)
18
Coverage{%)
45%
Conditions
{1) Development must conform to the requirements of Section 3.1.6
(2) Uses allowed in all zones {3.1.5):
a.
Environmental protection uses (4.5.1);
b.
Open space/park, & trail uses (4.5.2);
DISCRETIONARY USES
c.
Mineral exploration not classed as 'Development' {Section 4.4.12);
d. Development associated with public infrastructure and municipal services, including
public infrastructure and utilities - Refer to Section 4.8;
e. Accessory use: Wharf/boathouse/slipways/breakwater, subject to 5.2.1 {6);
f.
Accessory Uses and Accessory Buildings, provided the buildings are clearly incidental and
complimentary to the main buildings' character, size and use .
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RESIDENTIAL
3.5.1
Heritage Conservation Zone
USE ZONE TABLE: HERITAGE CONSERVATION ZONE
PERMITTED USES
-Single detached dwelling (4.7.1)
-Semi-detached (double) dwelling (4.7.2)
-Townhouse (4.7.3)
-Apartment building (4. 7.4)
-Mini-homes (4.7.5 (a))
-Marina (4.3.15)-see condition 6
-Fishery use (4.3.5}-see condition 6
-Industrial-artistic (4.5.5)
-Home businesses-(5.3.1} only those set out
in Condition 2 (a)
-Uses set out in 3.1.5
Development Standards
DISCRETIONARY USES
-Hotel (4.3.14)
-Motel (4.3.17)
-Group Home (4.7.7)
-Convenience store (4.3.11}
-Medical and Professional (4.3.16}
-Outdoor market (4.3.18}
-Personal Service (4.2.19)
-Public Gathering Places-Indoor (4.6.4)
-Public Gathering Places-Outdoor (4.6.5)
-Recreational Vehicle (5.1.3)-subject to Condition 9
-Urban agriculture (4.2.2)
-Energy generating facility- residential only (4.5.2)
-Home businesses-(5.3.1) those set out in Condition 2 (b)
1) The development standards for residential uses in this zone shall be as follows:
a.
Minimum Building Line Setback
3.0 metres
b. Minimum Side yards Width
1.5 metres
c.
Minimum Rear yard Depth
4.0 metres
2) The development standards for non-residential uses in this zone shall be as follows:
a.
Minimum Building Line Setback
5.0 metres
b. Minimum Side yards Width
5.0 metres
c.
Minimum Rear yard Depth
5.0 metres
Town of New Perlican
Development Regulations 2023-2033
Conditions
1) Backlot development
a.
Backlot development is only allowed for residential uses in this zone as per the
requirements and standards set out in sub-section 9.1.3 of the Chapter 9-Subdivision of
Land.
2) Home Businesses, subject to Section 5.3:
a.
Permitted:
i. Professions, such as an accountant, architect, auditor, engineer, realtor,
insurance agent, planner, lawyer;
ii. Artisan and other home crafts;
111.
Telephone and mail order business;
b. Discretionary:
i. Food preparation for catering services and baking;
ii. Music and dance lessons, and educational tutoring
iii. Personal service that do not disrupt the residential character of the
neighbourhood, such as a hairdressing, tailor, photographer, pet groomer,
caterer's establishment, shoe repair, dressmaking, sewing repairs and tailor shop,
small appliance, clock/watch, bicycle, ski and snowboard and computer repair,
locksmiths, manicurists;
iv. Care services, such as child care, or home-care; and similar occupations or
businesses.
v. Art gallery and framing shop;
vi. Pet grooming services;
vii. Bed and Breakfasts;
viii. Boarding house
ix. Home care-residential
x. Furniture repair and upholstery;
xi. Sale of bedding plants and trees grown on the same lot;
3) Proposed exterior alterations to buildings with Heritage Features
a.
Building plans must be submitted for any proposed exterior alteration including additions
and extensions to existing buildings, or any to an existing renovation. Such plans must be
approved by Council before construction is initiated.
b. Any major renovation of an existing building in the Heritage Conservation zone shall
respect the historic character of the zone in terms of:
c.
overall style, massing and bulk, material, architectural scale and features consistent with
the earliest extant residences dating from about 1900 which would include mainly
wooden, two-storey forms with low, mid, or steeply pitched gable roofs or hipped roofs,
and mansards; as well as, residences constructed around the mid-century, particularly
single-storey, wooden bungalows.
d. Original architectural design elements and features, such as corner boards, cornices,
brackets, window architraves, and doorway pediments shall be maintained. Exact copies,
using contemporary materials, can be used to replace the features. The restoration of
original features is encouraged.
e. The number, size, shape and orientation of windows and the style of windows shall have
the same appearance as the original building at the time of its initial construction.
f.
The direction, slope, architectural style, and arrangement of the roof must match that of
the original at the time the building was initial constructed. Architectural features, such
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as dormer windows, cornices and brackets, shall be maintained. The restoration of these
original features is encouraged.
g.
Exterior siding shall be visually compatible with the historic character of the area and
surrounding buildings.
h. Any extension or addition to an existing building shall respect the historic character of the
zone and/or respect the character of the main building.
i.
The building height shall not exceed two storeys or exceed 8 metres, in cases where the
existing building is larger than 2 stories, no expansion in height shall be permitted.
j.
The size, proportion and pattern of windows, roof shape and design, and exterior siding
must be the same as that of the original building.
4) Proposed exterior alterations to Existing buildings with No Heritage Features
a.
Any major renovation including an extension or addition of an existing building in this zone
shall respect the historic character of the zone in terms of overall style;
b. architectural scale, massing and bulk: The building height shall not exceed two storeys or
exceed 8 metres, in cases where the existing building is larger than 2 stories, no expansion
in height shall be permitted.
c.
material: Exterior siding shall be visually compatible with the historic character of the area
and surrounding buildings and the size and shape shall be in proportion to the existing
neighbouring structures;
d. architectural features: The use of traditional architectural features, such as comer boards,
cornices, brackets, window architraves and doorway pediments, is encouraged.
e.
Council may require building plans to be submitted for any proposed exterior alteration
including additions, and extensions or renovation to existing buildings. Such plans must
be approved by Council before construction is initiated.
5} Proposed New Development in Heritage Conservation zone
a.
The exterior appearance of a new building shall and must not diminish the overall historic
appearance of the Historic Conservation zone. New development must be visually
compatible with existing buildings in terms of:
b. architectural scale, massing and bulk: The building height shall not exceed two storeys or
exceed 8 metres and the size and shape shall be in proportion to the existing neighbouring
structures;
c.
exterior material: Exterior siding shall be visually compatible with the historic character of
the area and surrounding buildings;
d. architectural features: The use of traditional architectural features, such as comer boards,
cornices, brackets, window architraves and doorway pediments, is encouraged.
e.
Construction that incorporates the characteristics and features that make a building or
other structure notable or historically identifiable to the Town of New Perlican will be
encouraged.
f.
Institutional buildings identified as culturally significant in Statement of Significance
(designation under Section 414 (2) (dd) of the Municipalities Act, 1990)
g.
The exterior appearance of the distinctive twin-towered Waterloo Loyal Orange Lodge
No. 18 (1931) must be protected as historic cultural landmarks.
Town of New Perlican
Development Regulations .20.23-.2033
9)
6) Heritage Harbourfront
a.
New construction and renovations or expansion to existing fisheries and marine
structures along the highly visible harbour shoreline below Harbour Road must be
compatible in terms of the massing, scale, form and style of structures with the historical
aesthetic of the traditional harbourfront in the Heritage Conservation Zone.
7) Development must conform to the requirements of Section 3.1.6;
8) Uses allowed in all zones (3.1.5):
a.
Environmental protection uses (4.5.1);
b. Open space/park, & trail uses (4.5.2);
c.
Mineral exploration not classed as 'Development' (Section 4.4.12);
d. Development associated with public infrastructure and municipal services, including
public infrastructure and utilities - Refer to Section 4.8;
e. Accessory use: Wharf/boathouse/slipways/breakwater, subject to 5.2.1 (6);
f.
Accessory Uses and Accessory Buildings: Subject to Sections 5.1 and 5.2;
Recreational vehicles (RV) requirements: See 5.1.3 for conditions of use.
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3.5.2
Residential-Serviced zone
USE ZONE TABLE: RESIDENTIAL-SERVICED
PERMITTED USES
-Single detached dwelling (4. 7.1)
-Semi-detached {double) dwelling (4.7.2)
-Mobile Home
-Mini-homes {4.7.5 (a))
-Home businesses-(5.3.1) only those set out
in Condition 2 (a)
-Uses set out in 3.1.5
Development Standard
Minimum Frontage (metres)
Minimum Building Line Setback (metres)
Minimum Sideyard width (metres)*
Minimum Rearyard Depth (metres)
Maximum Height (metres)
DISCRETIONARY USES
-Townhouse (4. 7.3)
-Apartment building (4. 7.4)
-Group Home {4.7.7)
-Convenience store {4.3.11)
-Urban agriculture (4.2.2}
-Public Gathering Places-Indoor {4.6.4}
-Recreational Vehicle {5.1.3)-subject to Condition 5
-Energy generating facility- residential only {4.5.2)
-Home businesses-(5.3.1}-those set out in Condition 2 (b)
Single Detached Dwelling,
Double dwelling
Mini-home & Mobile home
15 -Subject to Condition (1)
15
3
3
2
2
4
4
8
8
*These development standards to not apply to recreational vehicles; these are set out in Condition 5. a
minimum of 4 metres between any two primary buildings on adjacent lots;
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Conditions
1) Backlot development: Backlot development is only allowed for residential uses In this zone as per the
requirements and standards set out in sub-section 9.1.3 of the Chapter 9-Subdivision of Land.
2) Home Businesses, subject to Section 5.3:
a) Permitted:
i)
Professions, such as an accountant, architect, auditor, engineer, realtor, insurance agent.
planner, lawyer;
ii) Artisan and other home crafts;
iii) Telephone and mail order business;
b) Discretionary:
i)
Food preparation for catering services and baking;
ii) Music and dance lessons, and educational tutoring
iii) Personal service that do not disrupt the residential character of the o~igb~S21JCb2QQ. such as
a hairdressing, tailor. photographer. pet groomer, caterer's establishment, shoe repair.
dressmaking. sewing repairs and tailor shop, small appliance, clock/ watch. bicycle, ski and
snowboard and computer repair, locksmiths, manicurists;
iv) Care services, such as child care, or home-care; and similar occupations or businesses.
v) Art gallery and framing shop;
vi) Pet grooming services;
vii) Bed and Breakfasts;
viii) Boarding house
ix) Home care-residential
x)
Furniture repair and upholstery;
xi) Sale of bedding plants and trees grown on the same lot;
3)
Development must conform to the requirements of Section 3.1.6;
4) Uses allowed in all zones (3.1.5):
a) Environmental protection uses (4.5.1);
b) Open space/ park, & trail uses (4.5.2);
c) Mineral exploration not classed as 'Development' (Section 4.4.12);
d) Development associated with public infrastructure and municipal services, including public
infrastructure and utilities - Refer to Section 4.8;
e) Accessory use: Wharf/boathouse/slipways/breakwater, subject to 5.2.1 (6);
f)
Accessory Uses and Accessory Buildings: Subject to Sections 5.1 and 5.2;
5) Recreational vehicles (RV) requirements: See 5.1.3 for conditions of use.
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3.5.3
Residential Rural zone
USE ZONE TABLE: RESIDENTIAL RURAL ZONE
PERMITTED USES
DISCRETIONARY USES
-Single detached dwelling (4.7.1)
-Townhouse (4. 7.3)
-Home businesses-(5.3.1) only those set
-Mini-homes {4.7.5 (a))
out in Condition (1)(a)
-Group Home {4.7. 7)
-Uses set out in 3.1.5
-Convenience store {4.3.11)
-Urban agriculture (4.2.2)
-Recreational Vehicle {5.1.3)-See condition 5
-Energy generating facility- residential only {4.5.2)
-Home businesses-(5.3.1) those set out in Condition (1) (b)
SITE DEVELOPMENT STANDARDS: RESIDENTIAL RURAL ZONE
Standards
Single Dwelling
Minimum
Lot area (m2)
1850
1400
Frontage (metres)
30
23
Building Line Setback (metres)
8
8
Side yard Width (metres)
5
5
Side yard, Flanking (metres)
15
15
Rear yard Depth (metres)
15
15
Maximum
Height (metres)
10
10
Conditions
1) Backlot development: Backlot development is only allowed for residential uses in this zone as per the
requirements and standards set out in sub-section 9.1.3 of the Chapter 9-Subdivision of Land.
2) Home Businesses, subject to Section 5.3:
a.
Permitted:
i. Professions, such as an accountant, architect, auditor, engineer, realtor, insurance
agent, planner, lawyer;
ii. Artisan and other home crafts;
111. Telephone and mail order business;
b.
Discretionary:
i. Food preparation for catering services and baking;
ii. Music and dance lessons, and educational tutoring
iii. Personal service that do not disrupt the residential character of the neighbourhood,
such as a hairdressing, tailor, photographer, pet groomer, caterer's establishment,
Town of New Perlican
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Development Regulations .20.23-.2033
shoe repair, dressmaking, sewing repairs and tailor shop, small appliance,
clock/watch, bicycle, ski and snowboard and computer repair, locksmiths,
manicurists;
iv. Care services, such as child care, or home-care; and similar occupations or businesses.
v. Art gallery and framing shop;
vi. Pet grooming services;
vii. Bed and Breakfasts;
viii. Boarding house
ix. Home care-residential
x. Furniture repair and upholstery;
xi. Sale of bedding plants and trees grown on the same lot;
3) Development must conform to the requirements of Section 3.1.6;
4) Uses allowed in all zones (3.1.5):
a.
Environmental protection uses (4.5.1);
b. Open space/park, & trail uses (4.5.2);
c.
Mineral exploration not classed as 'Development' (Section 4.4.12);
d. Development associated with public infrastructure and municipal services, including public
infrastructure and utilities- Refer to Section 4.8;
e. Accessory use: Wharf/boathouse/slipways/breakwater, subject to 5.2.1 (6);
f.
Accessory Uses and Accessory Buildings: Subject to Sections 5.1 and 5.2;
5) Recreational vehicles (RV) requirements:
a.
Except where the owner of a RV is storing a personal use RV at his/her residence, a RV shall only be
stored in a campground or on a vacant parcel of land that is located adjacent to the parcel of land on
which the residence is located.
b.
C.
i.
ii.
iii.
i.
ii.
The Town may issue temporary permits for a guest/visitor RV located on a residential property, where:
There is an existing dwelling;
The Town is satisfied that the RV is only to be occupied on a temporary basis;
The RV is wholly self-contained in respect of water supply and waste disposal, which is to say, it is
not connected to the Town's water and/or sewer system.
Recreational vehicles may be parked permanently on serviced lots that do not meet the minimum lot
size for serviced dwellings; Requirements for permanent RVs are:
Shall comply with site development standards and sub-section' 6.1.7 Multiple uses on One lot;'
Shall be located 2.4 metres from any building and 3 metres from the nearest part of a residential
structure;
111.
Cannot be located in the front of the building line of the lot;
d.
RVs shall hook up to municipal water and sewer services (no generator use allowed);
e.
RVs shall be required to hook up to hydro service (no generators allowed); alternative sources of
energy may be considered subject to the approval of Council provided they are not unsightly or a
nuisance;
f.
Town shall charge taxes for the provision of municipal services;
g.
The state or condition of the RV or trailer to be allowed on a site shall be at the discretion of Council;
h. The RV or trailer shall be used for personal use only (no commercial use, particularly Airbnb or other
rental);
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Residential Subdivision Area zone
USE ZONE TABLE
RESIDENTIAL SUBDIVISION AREA ZONE
PERMITTED USES
DISCRETIONARY USES
-Non-conforming uses (2.3.2}
-Uses permitted in all zones (3.1.5):
1) A subdivision application showing a road plan and lot layout and servicing for the area is required
before development can take place (Refer to chapter 9.)
2) A Development Regulations amendment is required for the proposed zones to be applied in the
subdivision a ppl icatio n.
3) Uses allowed in all zones (3.1.5):
a.
Environmental protection uses (4.5.1);
b.
Open space/park, & trail uses (4.5.2);
c.
Mineral exploration not classed as 'Development' (Section 4.4.12);
d. Development associated with public infrastructure and municipal services, including
public infrastructure and utilities - Refer to Section 4.8;
e. Accessory use: Wharf/boathouse/slipways/breakwater, subject to 5.2.1 {6);
f.
Accessory Uses and Accessory Buildings: Subject to Sections 5.1 and 5.2;
Town of New Perlican
Development Regulations 2023-2033
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3.6
Resource Zone
USE ZONE TABLE : RESOURCE ZONE
PERMITTED USES
DISCRETIONARY USES
-Commercial Agriculture {4.2.1)
-Outdoor Market {4.3.18)
-Forestry Activities {4.5.4)
-Natural Resource-Related Uses (4.5.12)
-Mineral Working {4.5.10}
-Public Gathering-Outdoor (4.6.5)
-Natural Resource-related industries (4.5.12)
-Amusement Park/Attraction {4.3.1)
-Cottage (4. 7.6)
-Salvage/scrap yard (4.5.13)
-Contractor- General {4.5.1)
-Service Station {4.3.24)
-Open Space, Park & Trails {4.4.2)
-Kennel (4.2.3}
- Protective and Emergency Services (4.6.3}
-Marina (4.3.15)
-Resort {4.3.21), including interpretation centre
-Residential: (1) Single detached dwelling
-Natural Resource-Related Uses (4.5.12}
only in association with a permitted use
-Cemetery (4.6.1)
(4. 7.2) such as commercial agriculture
-Campground {4.3. 7)
-Uses set out in 3.1.5
Conditions
1) Development must conform to the requirements of Section 3.1.6;
2) Any applications regarding Commercial Agriculture must be referred to the Land Stewardship Division;
3) The Development standards are at the discretion of Council.
4) In the Rural zone: Recreational Open Space and Trails may be permitted in this zone subject to the
following conditions:
a.
the proposed use shall not interfere with adjacent agricultural and other natural resource
uses by virtue of noise, increased traffic or other activities;
b. the proposed use shall not prejudice the continuation of existing agricultural and other
natural resource uses and operational practices which may not be compatible with the
proposed use;
5) Uses allowed in all zones (3.1.5):
a.
Environmental protection uses (4.5.1);
b.
Open space/park, & trail uses (4.5.2);
c.
Mineral exploration not classed as 'Development' (Section 4.4.12);
d.
Development associated with public infrastructure and municipal services, including
public infrastructure and utilities - Refer to Section 4.8;
e. Accessory use: Wharf/boathouse/slipways/breakwater, subject to 5.2.1 (6);
f.
Accessory Uses and Accessory Buildings: Subject to Sections 5.1 and 5.2;
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3.7
Land Use Zoning Map Overlays
The provincial interests referenced in the Interdepartmental Land Use Committee report ILUC #1819 and
those that are mapped on the provincial Land Use Atlas are shown as 'overlays' on the Future Land Use
Map of the Municipal Plan and the Land Use Zoning map of the Development Regulations. As well, local
interest overlays are shown for Protected Local Road access and Trails. They are listed below including
referral and/or other requirements:
1) Dump Site Buffer: The Town will refer applications located within the 'Dump Site Referral Buffer'
and Council to the Department of Digital Government and Service NL for review and comment as
part of the prior to making a decision to approve/reject/defer.
2) Heritage sites: The Town Heritage sites (shown as a numbered location) and a Heritage
Conservation designation on the Future Land Use and Land Use Zoning map, which are designated
under Section 414 (dd) of the Municipalities Act, 1999 and protected under Section 200 where:
A building, structure or land designated by a council as a heritage building, structure or land shall not
be demolished or built upon nor the exterior of the building or structure altered, except under a
written permit of the council specifically authorizing the alteration and in accordance with the terms
and conditions of the permit. The following sites had received heritage designation at the time of
the preparation of these regulations; however, future designations shall enjoy the same protections.
Town of New Perlican - Designated Heritage Sites
Anderson's Shed Municipal Heritage Site
Bloody Point Municipal Heritage Site
Burrage's Stage Municipal Heritage Site
Harry's Brook Municipal Heritage site
Jane Condon's Grave Municipal Heritage Site
Jean's Head Lighthouse Site Municipal Heritage Site
Peter's Finger Municipal Heritage Site
Pinsent's Lane Municipal Heritage Site
Sittin' Rock Municipal Heritage Site
St. Mark's Anglican Cemetery Municipal Heritage Site
St. Matthew's United Church Southside Cemetery Municipal Heritage Site
The Hole Municipal Heritage Site
The Liberal Rock Municipal Heritage Site
Vitter's Cove Beach Municipal Heritage Site
Waterloo Loyal Orange Lodge No. 18 Municipal Heritage Site
A-Bloody Point Burial 2 site (polygon)
B-Hefford Plantation Burial Site Municipal Heritage Site (polygon)
In addition, the Bloody Point Burial Site which is currently under active excavation by
researchers from Memorial University is also identified as an overlay on the Future Land Use
map and the Land Use Zoning map. A development buffer of 10 metres is required;
Town of New Perlican
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Development Regulations 2023-2033
A council may establish a heritage advisory committee to advise the council on regulations made with
respect to heritage buildings, structures and lands and the preservation of the real property designated
under that section.
3) Protected Road Building Control Line (along provincial highway Route 80): An applicant wishing
to develop within the Building Control Line must have a permit from the Town and must also apply
for a Development Permit under the Protected Road Zoning Regulations1 1996 administered by
Digital Services and Service NL; The municipal zone applies for land use purposes within the
Building Control lines and not the zones outlined in the Trinity South Highway Protected Road
Plan.
4) Blueberry Management Area: Any applications within the Blueberry Management Area must be
referred to the Land Resources Stewardship Division for review and comment;
5) Mineral Working buffer: Any applications for development within the 300-metre radius must be
referred to the Mineral Lands Division;
6) Survey Control Monuments: If development or work within the Town has the potential of
disturbing an existing Survey Control Survey Markers, the GIS and Mapping Division is required to
be contacted.
7) Protected Local Road Access: These are black arrows shown on the Land Use Zoning map to
indicate locations where the Town may wish to protect access to the backlands for future
development.
8) Trails: In addition, the following trails, Tote Trail, Peter's Finger Trail, Jean's Head Trail and
D'lbreville Trail have been identified in Future Land Use zoning map of the Municipal Plan and the
Land Use Zoning map of the Development Regulations. These trails require a minimum of a 15-
metre buffer from any proposed development activities.
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4.0
LAND USE AND DEVELOPMENT DEFINITIONS AND CONDITIONS
4.1
INTERPRETATION
The land use definitions provide a description of the use or development in terms of its structural form
and level of activity generated in terms of pedestrian or vehicular traffic, noise, visual appearance, and
any other considerations that constitute the impact the neighbourhood, street or zone in which it
occurs. The examples provided are not intended to be exhaustive so that if a new use with a modern
'label' fits a category of use defined under a land use class, Council may, in its discretion apply the
relevant the regulations and conditions accordingly. Wherever possible, the goal was to achieve
consistency with federal and provincial terms and definitions.
4.2
AGRICULTURE LAND USE CLASS
4.2.1
Commercial Agriculture
Definition: Commercial Agriculture means 'farm operation' as specified in the Farm Practices Protection
Act, 2000.
Conditions:
1) No structure for a Livestock and Poultry Farm Operation shall be erected or used unless it complies
with the conditions set out in the 'Environmental Farm Practices Guidelines for Livestock Producers in
Newfoundland and Labrador' and 'Environmental Farm Practices Guidelines for Poultry Producers in
Newfoundland and Labrador';
2) The structure shall be at least 600 m from:
a.
a residence (except a farm residence or a residence which is a nonconforming use in any
zone in which agriculture is a permitted use class in the Use Zone Table of these
Regulations),
b. an area designated for residential use in an approved Municipal Plan, and
c.
a Provincial or Federal Park.
3) The structure shall be at least 45 m from the boundary of the property on which it is to be erected.
4) The structure shall be at least 90 m from the centre line of a street.
5) The erection of the structure shall be approved by the Land Stewardship Resource Division,
Government of Newfoundland and Labrador.
6) Manure storage must be located 100 m from the boundary of the property; Digital Government and
Service NL must approve all manure systems
7) No development for residential use shall be permitted within 600 m of an existing structure designed
to contain more than five animal units unless the development is first approved by the Land
Stewardship Resource Division, Government of Newfoundland and Labrador.
8) Approvals must be obtained from the Land Stewardship Resource Division, Government of
Newfoundland and Labrador for any commercial farming operation.
9) The Town, in its discretion, may refuse to issue a permit for an agricultural operation where in its
opinion the use is likely to create an environmental hazard or a nuisance to residences in the general
vicinity of the proposed agricultural use .
Town of New Perlican
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4.2.2
Urban Agriculture
Definition: Urban Agriculture means non-farm operation agricultural activities that are compatible
within a developed urban setting, such as some residential and mixed-use zones, and includes, but is not
limited to, horticulture, vegetable growing, fruit growing, and the use of land as market gardens, nursery
grounds, and community gardens, and the keeping of livestock and poultry.
4.2.2.1
General Conditions:
1) Urban agricultural uses must meet the requirements for a home business (refer to 5.3);
2) A permit is not required for any residential market garden or home gardening that does not involve
permanent structures, on-site sales, keeping of domestic pets (cats, dogs) except or kennels (4.2.3).
4.2.2.2
Community Garden
A community garden use shall be subject to the following conditions:
1) Community gardens are to be maintained in a neat and tidy fashion; and
2) All disturbed areas not comprising the area of the community garden are to be reinstated with a
minimum of grass sods to the satisfaction of the Town.
4.2.2.3
Livestock and Fowl
The following standards apply to livestock and poultry {and fowl):
1) For every 0.4 ha {with a minimum of 0.4 ha), only one of any of the following is allowed {or a
combination):
a.
2 of these livestock species: cow, bull, horse, mule, ass, swine or llama, and includes
their young;
b. 6 sheep/goats;
c.
12 head of poultry (No roosters are permitted);
d. 12 rabbits;
2. On lots smaller than 0.4 ha, but greater than 669 m2 = 4 chickens, no roosters shall be allowed.
4.2.3
Kennel
Definition: Kennel means a building or portion thereof used for the keeping or boarding of more than
eight {8) domestic pets, excluding livestock, kept for the purposes of commercial breeding or showing, or
for personal use, with or without veterinary care, and includes an animal shelter.
Conditions:
1) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
2) The outside perimeter of all areas related to the kennel where animals are kept shall be enclosed by
a solid fence or fence or if not a solid fence, then a containment fence plus a solid hedge at least 1.8
metres in height to screen the areas from adjacent properties;
3) The kennel must be located on a lot of 2 hectares or more;
4) All buildings related to the kennel should contain insulation in all exterior walls and ceiling for the
purpose of soundproofing;
5) Council shall be satisfied that the kennel shall not impact upon surrounding residential
neighbourhoods.
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4.3
COMMERCIAL LAND USE CLASS
This class includes land uses and development for activities providing for the sale of goods and services.
Generally, the Use Zone standards apply; however, as required, specific conditions are tailored to the
activity and associated traffic in order to address public health, safety and conservation issues and
achieve the intent of the community of the land use zone in which the activity is located.
4.3.1
Amusement Establishment/Use
Definition: Amusement establishment use means the use of land or a building or a part thereof used by
the public for indoor non-sport games, including but are not limited to, billiard and pool halls, bingo hall,
mechanical amusement games (more than three game machines), video games. It does not include
those on the premises of a hotel or bar.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Must address traffic access/egress and on-site movement as well as parking;
3) For a temporary permit, must address site rehabilitation after event;
4.3.2
Amusement Park/ Attraction
Definition: Amusement Park/attraction means an outdoor area where buildings or structures may be
permanently or temporarily erected for the purpose of amusement, entertainment or education of a
large number of people; including but are not limited to, a circus, carnival, midway show, race-track,
sideshow, fairgrounds, or similar exhibition which may have mechanically or electrically operated
amusement rides or games, and theme parks.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4);
2) Must meet Use Zone Site Development Standards and conditions or except for temporary
amusement operations;
3) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.3
Auto Body Shop
Definition: An auto body shop consists of a building or a clearly defined space on a lot used for the
storage and repair of motor vehicles, excluding heavy equipment, including body repair, painting and
detailing, but does not include a service station or an automobile repair shop or an automotive sales
establishment.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Must be of 20 m from a residential lot;
3) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
Town of New Perlican
Development Regulations .2023-2033
4) There shall be no outdoor storage of inoperable vehicles on the premises and no scrapping of
vehicles shall be permitted;
5) Must apply measures to minimize any noise, spray or fumes through the installation of appropriate
equipment; and all waste fluids and tires shall be disposed of in accordance with applicable provincial
regulations;
6) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties; and,
7) A parking area abutting a residential lot should be appropriately screened by a fence, wall, or hedge
of height of about 2.4 m and located a minimum distance of 1 m from the edge of the parking area.
4.3.4
Automotive Repair Shop
Definition: An automotive repair shop means a development for the servicing and repair of motor
vehicles, not including heavy equipment (for construction or industrial use). This definition includes but
is not limited to transmission repair shops, muffler repair shops, tire shops, automotive glass shops, auto
body repair, painting and detailing, and automotive upholstery shops, but does not include an
automotive sales establishment, a service station, or salvage or wrecking and recycling yard.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3) There shall be no outdoor storage of inoperable vehicles on the premises and no scrapping of
vehicles shall be permitted;
4) Outline measures to minimize any noise, spray or fumes through the installation of appropriate
equipment; and all waste fluids and tires shall be disposed of in accordance with applicable provincial
regulations;
5) A minimum buffer between residential use and vehicle repair, body repair, car wash shall not be
located closer than 20 m from residential use; and,
6) A parking area abutting a residential lot should be appropriately screened by a fence, wall, or hedge
of height not less than 1 m and located a minimum distance of 1 m from the edge of the parking area.
4.3.5
Bar/Licenced Liquor Establishment
Definition: A Bar means a development licensed for the sale of alcoholic beverages to the public, for
consumption within the premises and where entertainment and meals may be provided. Typical Uses
include but are not limited to, dance clubs, cabarets, nightclubs, lounges, tavern, neighbourhood pubs
and bars, brewpubs (for beer or distilled products), beverage rooms, private clubs, cocktail lounges, and
similar uses.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions; and,
2) Recommend consideration of a separation distance of 100 m from a residential lot;
3) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
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4.3.6
Building Supply Store
Definition: A Building supply store means a building or land on which building and construction supplies
and home improvement materials are kept for sale.
Conditions:
1} Must meet Use Zone Site Development Standards and conditions; and,
2} Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3} Recommend that storage of supplies is appropriately screened and/or fenced in order to prevent
unsightly property.
4.3.7
Campground, including RV campgrounds
Definition: Campground (including RV campgrounds) means a public or privately-operated facility
offering overnight to seasonal camping experiences for 3 or more tent sites or serviced recreational
vehicle sites, associated rental cabins, and including accessory administrative offices, convenience store,
laundry facilities, sanitary facilities, recreational hall and associated recreational uses that cater to short-
term guests, not to year-round residents and does not include industrial, work or construction camps or
permanent mobile home or mini-home parks;
Conditions:
1) A proposed campground, including trailer and Recreational Vehicle park, will require a Planned Unit
Development application (2.2.2 & 2.2.4) satisfactory to Council containing the following information:
a.
Location and size of camp and trailer sites
b.
Internal roads and accesses and parking areas
c.
Parking areas for proposed campground
d. Accessory uses such as laundry facilities, storage areas, washrooms, showers, convenience
store, staff accommodations, and outdoor and indoor recreation facilities
e. Water supply and waste disposal
f.
Landscaping for proposed campground
g.
Buffers and screening between the site and other nearby land uses
h. Delineation of the property to be developed on a legal survey
i.
Where deemed necessary by Council, a phasing plan for development.
j.
On-site water and sewer services must meet minimum standards required by Council and
relevant Provincial agencies.
k.
Washroom facilities, recreational areas, parking areas, and similar facilities directly
associated with the development will not be located on separate properties.
2) All camp sites and on-site facilities that form part of the development will be accessible only via the
internal road network of the development.
3} The development permit will specify the maximum number of campsites for different uses such as
tents, trailers, and RVs that will be permitted on the site.
4) No expansion or alteration of a campground, other than repairs and maintenance, will take place
without the approval of Council.
5) The operation will comply with all regulations of Council pertaining to noise and unruly behaviour.
6) Where deemed necessary by Council, a deposit sufficient to cover the cost of buffers and screening
shall be deposited with Council until the work is completed in accordance with the approved plan.
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4.3.8
Child Care - Non-residential (Note: residential child care is under Home Business)
Definition: Child care - Non-residential means a building or part of a building in which personal care
services are regularly provided to children for group day care, family day care, pre-school, play school,
out-of-school care, specialized day care, and emergency day care, all as licensed and regulated by the
Province of Newfoundland and Labrador, but does not include a school as defined by the Schools Act,
1997 (Note: child care - residential is found in section 5.3)
Conditions:
1) A Child Care Centre shall be duly licensed and approved, staffed, equipped and operated in
accordance with the requirements of the agencies having jurisdiction or authority;
2) The section of the street where the use is located must allow sufficient area and sight distance for
the safe and convenient drop-off/d pick up of children without hindering the safety and convenience
of vehicular and pedestrian traffic on the street, or the Centre provides adequate off-street drop-
off/ pick-up spaces satisfactory to Council;
3) The use must be compatible with nearby uses.
4.3.9
Club and Lodge for Community groups
Definition: Club and Lodge means a building or structure used by a non-profit association or
organization for fraternal, social, or recreational purposes, including but not limited to such examples as,
the Lion's Club, Kinsmen Club. Note that this can also be an Accessory Use (refer to sub-section 5.1)
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Note that this can also be an Accessory Building (refer to section 5.1)
4.3.10 Contractor, Limited (Small)
Definition: Contractor, limited (small) means a building or part thereof providing services for electrical,
plumbing, heating, painting and similar contractor services to individual households including accessory
sale of goods associated with this service where and there is no accessory manufacturing or fleet of
vehicles consisting of more than 4 vehicles.
Conditions:
1)
Must meet Use Zone Site Development Standards and conditions;
2)
Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3)
Recommend that all materials are within an enclosed building
4.3.11 Convenience Store
Definition: Convenience store means a building which is used as a retail store providing a range of
household and grocery items, and may include, but not limited to, postal services, take-out, and may be
licensed to sell alcohol, but is not a supermarket. The convenience store may also be a subsidiary use
within a primary use, such as a service station.
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Conditions:
1) The store may form part of, or be attached to, a dwelling unit or be a stand-alone building;
2) The retail use shall be subsidiary to the residential character of the area and shall not affect
residential amenities or adjoining properties;
3) The take-out use shall be subject to the conditions set out in 4.3.26.1;
4) Adequate provision for on-site parking, loading, buffering and landscaping must be provided;
5) The hours of operation are appropriate to the nature of the building and surrounding
neighbourhood and the operation does not create a nuisance.
6) Must meet Use Zone Site Development Standards and conditions;
7) A Take Out associated with a convenience store should be subject to the following standards:
a. A Take-Out Food Use should have a parking area or stacking lane with a minimum length
before the pick-up window, as determined by Council during the review of the application
based on the anticipated on the level of traffic to be generated as indicated in the application;
b. Order boards and signage shall be designed to minimize impact on adjacent residential or
institutional uses.
c.
As determined by Council: A buffer consisting of a sound-proof fence and landscaping may
be required adjacent to residential uses. A fence, berm, and landscaping or a combination
of these elements shall be used to reduce headlight glare, lighting, and noise from the Take
Out; garbage receptacles shall be placed either before the pick-up window or after the
pickup window.
4.3.12 Custom Manufacturing Service and Sales (small/artisan)
Definition: Custom manufacturing service (small/artisan) means a building where goods are stored,
produced, assembled, or repaired to consumer specifications and sold at retail on the premises and may
include, but not limited to, welding, sheet metal, woodworking, flooring and tile contractors, and
machine shop.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.13 General Service/Repair Shop
Definition: General Service/repair shop means an outlet for servicing, repairing, installing, or renting
items and equipment, without limiting the generality of the foregoing, includes but is not limited to the
following examples, radio, television, and computer service and repair shops; locksmith shops; small
appliance service or repair shops; household and 'contractor limited' service or repair shops; tools and
equipment rental shops.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions.
2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
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4.3.14 Hotel or Inn
Definition: Hotel or Inn means a commercial establishment offering lodging and guest services to
travelers and sometimes to permanent residents, and may have restaurants, meeting rooms, conference
facilities, a lounge, stores, etc., that are available to the general public. In general, to be called a hotel
(not a bed and breakfast), an establishment must have a minimum of five letting rooms accessed from
within the building, at least three of which must have ensuite private bathroom facilities.
Conditions:
1) Require to submit a Planned Unit Development application (2.2.2 & 2.2.4);
2) Must meet Use Zone Site Development Standards and conditions
3) A Hotel or Inn is for temporary accommodation. The unit is not a place of residence or dwelling. Units
may be rented on a temporary basis but not as an open-ended monthly apartment.
4) The Hotel or Inn shall contain a lobby with a front desk and office, along with a maintenance,
housekeeping and laundry room(s) large enough to accommodate the needs of the commercial-
residence.
5) Housekeeping services including cleaning, provision of clean linen and towels (daily or weekly) will be
provided. Hostels may additionally offer organized and managed cooperative cleaning and
cooperative kitchen.
6) Access to units will be through or associated with a clearly defined lobby. Exterior access to units can
be provided as long as access to each unit is from a common parking lot on the site,
7) Units will not have individual driveways to the street. Parking will be provided in a parking lot with
parking spaces and aisles and access for the overall parking lot to the street.
8) The Hotel or Inn will have an overall cohesive ctesign including a prominent lobby, pleasant appearance
from the street, clear parking lot street entrance and design with a dust free surface, and landscaping
{trees, shrubs, lawn) in setbacks and open areas.
9) There will not be separate utility connections or utility billing or addressing for individual rooms.
4.3.15 Marina
Definition: Marina means a dock or basin together with associated facilities where slips, moorings,
supplies, repairs, and other services that are typically available for boats and other watercraft, including
storage, sales and rentals, with or without a club house and catering facilities. It can also include a boat-
house or shed associated with a dock or wharf.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
3) Provide and maintain public access to the shoreline via a walkway, path or tra.il, located, designed
and constructed to the satisfaction of the Council
4) Parking shall be provided for both vehicle.sand boat trailers with adequate turning areas within the
parking lot;
5} Outdoor storage areas for boats or other equipment should be landscaped and screened to the
requirements of the Council;
6} Marinas should be serviced with a supply of potable water and facilities for the collection and
disposal of wastewater in a manner acceptable to the Council;
7) Wharf/Boathouse/Slipway/Breakwater structures shall follow the guidelines for the Construction and
Maintenance of Wharves, Breakwaters, Slipways and Boathouses
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8) The Applicant must obtain a permit under of the Water Resources Act, 2002 under Section 48 for any
infilling or dredging work associated with these structures or other works near or in any body of
water prior to the start of construction.
4.3.16 Medical or dental clinic/office
Definition: Medical or dental clinic/office means a building or part thereof used by qualified physicians,
dentists, osteopaths, counselors, or other drugless practitioners, including their staff and patients, for
the purpose of out-patient consultation, diagnosis and office treatment. A medical clinic may include
accessory uses such as waiting and treatment rooms, laboratories, dispensaries and administrative
offices. A medical clinic does not include accommodation for overnight patient care or operating room
facilities.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions
4.3.17 Motel
Definition: Motel means an establishment providing accommodation for travelers or the transient
public that consists of one or more than one building containing four or more attached accommodation
units accessible from the exterior only and may or may not have facilities for serving meals.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
3) Units may be rented on a temporary basis but not as an open-ended monthly apartment.
4) A Motel unit is for temporary accommodation. The unit is not a place of residence or dwelling. No
individual can abide in the units in a particular Motel for more than three months out of every calendar
year.
5) Housekeeping services including cleaning, provision of clean linen and towels (daily or weekly) will be
provided.
6) Access to units will be through or associated with a clearly defined lobby. Exterior access to units can
be provided as long as access to each unit is from a common parking lot on the site,
7) Units will not have individual driveways to the street. Parking will be provided in a parking lot with
parking spaces and aisles and access for the overall parking lot to the street.
8) The Motel will have an overall cohesive design including a prominent lobby, pleasant appearance from
the street, clear parking lot street entrance and design with a dust free surface, and landscaping (trees,
shrubs, lawn) in setbacks and open areas.
9) There will not be separate utility connections or utility billing or addressing for individual rooms
4.3.18 Outdoor Market
Definition: Outdoor market means the sale of goods or products at an open property with no
permanent buildings; temporary facilities or open stalls may be used to hold and display the goods being
sold. Examples may include, but are not limited to, farmers markets, fish market, flea markets or other
types of goods.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
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2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3) Requires sufficient off street/highway parking for customers and ensure that the sight lines (visual)
or sign distance at any intersection is not obstructed.
4.3.19 Personal Service
Definition: Personal service means a building or part of a building used for the provision of personal
services to an individual which are related to the care and appearance of the body, or the cleaning and
repair of personal effects; and where the sale of retail of goods, wares, merchandise, articles, or things is
only accessory to the provisions of such service. Examples include, but are not limited to, barbershops,
hairdressers, beauty salons, health and wellness centres/spas, tanning salons, tattoo parlours, tailors,
dressmakers, photography studio, music studio, tattoo ship, handmade crafts, shoe repair shops, and
dry-cleaning establishments and laundromats. This Use Class does not include medical and dental clinics
and excludes any manufacturing or fabrication of goods for sale.
Conditions:
1.
Must meet Use Zone Site Development Standards and conditions
4.3.20 Offices: Professional, Financial and Associated Support Services
Definition: Offices (professional, financial and associated support services) means development
primarily used for the provision of professional, management, administrative, consulting, and financial
services, but does not include medical or dental clinics or government services. Typical Uses include, but
are .not limited to: the offices of lawyers, accountants, engineers, and architects; offices for real estate
and insurance firms; clerical, secretarial, employment, telephone answering, and similar office support
services; and banks, credit unions, loan offices and similar financial uses.
Conditions:
1.
Must meet Use Zone Site Development Standards and conditions;
4.3.21 Resort
Definition: Resort means the use of land, buildings and structures to provide sleeping accommodations,
communal or individual facilities for cooking and serving of meals for guests or a restaurant; recreation
uses, such as golfing, tennis, lawn bowling, marinas, health spa, swimming pools, angling and other
watersport activities, hunting and recreational shooting, cross-country skiing, sightseeing, camping,
hiking, indoor recreational activities and other similar uses, plus gift and craft shops and the furnishing
of equipment, supplies or services to guests in connection with any of the foregoing activities and may
include accommodation for the operator and staff. This category also includes commercial rental
cottages or a tourist cabin development.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions;
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4.3.22 Restaurants
4.3.22.1 Take-Out
Definition: Restaurant take-out means a building designed to allow drivers to remain in their vehicles
before and during an activity on the site. Food and drink are prepared then sold to the public for
immediate consumption either within an eating area inside or outside of the building or within the
patron's own motor vehicle onsite, or for elsewhere off the premises it may include a seating area for in-
house consumption and parking for in-house patrons. It is not licensed to sell alcoholic beverages.
Conditions:
1) Order boards with an intercom shall be designed to minimize noise impact on adjacent residential or
institutional uses.
2) A buffer consisting of a sound-proof fence and landscaping should be provided adjacent to
residential uses. A fence, berm, and landscaping or a combination of these elements should be used
to reduce headlight glare, order board lighting, and noise from the Take Out. Garbage receptacles
should be placed either before the pick-up window or after the pickup window as determined by
Council.
3) If the use of any land, building or structure is composed of a combination of Take-out Use and any
one or more other uses, those uses should not be construed as accessory to one another and all
provisions pertaining to each use shall apply.
4) Must meet Use Zone Site Development Standards and conditions;
4.3.22.2 Full-Service Restaurant
Definition: Restaurant-full service means a building or part of a building wherein the primary purpose is
the preparation of food for sale to the public y for consumption within the building and may include a
take-out area. It is characterized by the provision of table service, including buffet service and may also
be licensed to serve alcoholic beverages.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Refer to Outdoor Commercial Patio for standards related to outdoor areas;
4.3.22.3 Mobile Take-Out or Street Vendor
Definition: Restaurant-mobile take-out or street vendor means a mobile food preparation motorized
vehicle or non-motorized cart offering food and non-alcoholic beverages for immediate consumption
that subject to the requirements of the Municipalities Act, 1999 and the Highway Traffic Act, 1990.
Conditions:
The use of land for the parking of a vehicle or trailer for a period of time for vending purposes, including
the sale of refreshments or merchandise or as an office shall be subject to the following conditions.
1) The parking of a vehicle or trailer for vending or office purposes should only be permitted as a
subsidiary use on a lot with an existing principal building.
2) The parking of a vehicle or trailer shall not be located on any required landscaped yards.
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3) The parking of a vehicle or trailer shall only be permitted if the lot has a sufficient parking area to
accommodate the parking requirements of the principal building or use on the lot and the subsidiary
vehicle or trailer use with(its associated parking.
4) The parking of a vehicle or trailer shall not hinder lot access or egress or create an obstruction to
vehicles entering or exiting the lot.
5) If a vehicle or trailer is used for the purpose of the preparation, cooking, and/or sale of food and/or
refreshments, the following approvals are required prior to the placement of a vehicle or trailer on
the lot:
a.
approval from the Town regarding the appliances to be used and the required fire
suppression measures, and
b. approval from the Digital Government and Service NL regarding the storage and preparation
of food and/or refreshments.
6) A vehicle or trailer will be required to provide, or have access to, washroom facilities as determined
by Council.
7) Council shall limit the length of the Development Permit to a maximum of one year and the permit
may be renewed on an annual basis if the applicant wishes to continue the use.
4.3.23 Retail
Definition: Retail means a building or part of a building used for the retail or consignment sale of goods,
wares, substances, or merchandise directly to the public within an enclosed building, including, but not
limited to, a drug store, bakery appliance or clothing store or art studio and shop. This use class does not
include the sale of gasoline, heavy agricultural and industrial equipment, wholesale goods, automotive
and recreation vehicle sales/rentals, flea market, gas bars, greenhouses, plant nurseries and market
gardens, service stations, and box store or warehouse sales. Accessory uses may include the assembly or
repair of products sold on site or public services such as postal services or pharmacy.
Conditions:
1.
Must meet Use Zone Site Development Standards and conditions
4.3.24 Service Station
Definition: Service Station means land or building used exclusively for the sale/installation of petroleum
products (oil or lubricant change) and may include minor repair to vehicles, cleaning and maintenance
essential to the actual operation of vehicles, and the sale of automotive accessories; but does not
include an automotive body repair shop, automotive sales establishment. Service stations are classified
as: Residential or Highway as outlined below.
Conditions
Minimum Standards for all Service Stations and Gas Bars, notwithstanding the development standards of
the Use Zone in which a service station or gas bar is located, a service station and/or gas bar shall be
subject to the following conditions:
1) All gasoline pumps shall be located on pump islands designed for such purpose, and to which
automobiles may gain access from either side, except in the case of propane, diesel, and kerosene
pumps, which may access from one side;
2) Pump islands and canopies shall be set back at least 4 m from the required landscaped front or side
yards;
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3) Accesses should not be less than 7 m wide and shall be clearly marked and, where a service station is
located on a corner lot, the minimum distance between an access and the intersection of street lines
at the junction shall be 10 m and the lot line between entrances shall be clearly indicated;
4) Surface runoff shall be directed to an oil/water separator before being discharged into a storm
sewer or other drainage system.
5) Minimum of 2 access points for access/egress.
6) Landscaping required along front and exterior lot lines.
7) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
4.3.25 Veterinarian Clinic
Definition: Veterinarian Clinic means a building, structure or parts thereof where one or more
registered veterinarian surgeons including associated staff provide examinations and surgical or medical
treatment to domestic pets, animals or livestock, and may include treatment rooms, laboratories,
dispensaries and associated office
Conditions:
1) Must meet Use Zone Site Development Standards and conditions
2) Facilities for the overnight care of animals undergoing treatment may be permitted indoors and is
considered incidental to the hospital use.
3) A kennel is not permitted in association with a veterinarian clinic.
4.4
CONSERVATION LAND USE CLASS
4.4.1
Environmental Protection
Definition: Environmental protection area means areas where development is restricted due to the
natural features of the site for purposes of conservation or protection of habitat, wetlands, resource
management, other special designations under legislation; or site unsuitability due to erosion control,
steep slopes, flood control and water supply protection.
Conditions that apply to both zones:
1) Must meet Use Zone Site Development Standards and conditions;
2) Nothing in these regulations shall prevent the designation of environmental protection areas in any
zone.
3) Council will not permit development vulnerable to flooding in areas known to be subject to local
flooding.
4) Require that development is limited to:
a.
passive recreation facilities such as walking or nature trails, and associated interpretation
programs do not have an adverse impact on the natural environment and residential
properties; and,
b. wharves, boathouses, slips, dock or breakwater, subject to Council discretion.
5) The Town may require that any development near a designated trail or water course be reviewed by
the Town to ensure that development does not negatively impact such trail or watercourse. Where
deemed necessary, the Town may require that the buffer be provided by the developer.
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4.4.2
Open Space, Parks and Trails
Definition: Open Space, Parks and Trails means areas maintained for the preservation of natural
heritage and the environment where the quality of the environment and naturalness of an area is the
focus of an outdoor recreational or aesthetic experience; activities and development are limited to trails,
picnic areas, playgrounds and associated structures and signage and general passive recreational use.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Nothing in these Regulations shall prevent the designation of parks and playgrounds in any zones
provided that such parks and playgrounds are not located in areas which may be hazardous to their
use and are not operated for commercial purposes.
3) Parks and playgrounds may be located on backland but shall have at least one 5-m wide vehicular
access directly onto a public street.
4) Public toilet facilities associated with a park or trail development requires review by the Council in
consultation with Digital Government and Service NL in order to meet provincial regulatory
requirements.
5) It is recommended that trails have a 3 m width as a pedestrian corridor with/without use by bicycles.
6) Council may require a screen or vegetative buffer between a trail and adjacent land uses to ensure
that nuisance factors are minimized and trail activities do not hinder the enjoyment of property.
4.5
INDUSTRIAL LAND USE CLASS
4.5.1
Contractor, General
Definition: Contractor, General means development used for the provision of building construction,
landscaping, concrete, and electrical, excavation, drilling, heating, plumbing, paving, road construction,
sewer or similar services of a construction nature which require outdoor storage space for materials,
construction equipment or vehicles including heavy equipment, temporary storage containers,
construction trailers, and temporary office trailers normally associated with the contractor service. Any
sales, display, office or technical support service areas shall be accessory to the principal general
contractor service only. This use class does not include professional, financial and associated support
services.
Conditions:
1)
Must meet Use Zone Site Development Standards and conditions;
4.5.2
Energy Generation Facilities
Definition: Energy generation facilities means a facility constructed for the purpose of generating
electrical energy from wind, solar or small hydro means.
Conditions:
1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4);
2) Must meet Use Zone Site Development Standards and conditions;
3) The following requirements shall apply to wind, solar, and small hydro generating facilities:
a.
Energy utilities are subject to the approval of relevant provincial and federal departments,
agencies, and public utilities. The design and location of such utilities should take into
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consideration their impact on nearby land uses and persons, the environment, archaeological
resources, and other matters that Council may deem to be significant.
b. A wind, solar, or small hydro generator within a built-up residential area will be limited to a
single unit that serves an individual property.
c.
An adequate separation distance will be maintained between wind generators and nearby
buildings and structures to prevent damage to persons and properties due to a failure of a
generator or any of its components or the shedding of ice.
d. Unless specifically exempted by Council or other relevant agencies, the design, construction and
location of an energy utility shall be certified by a professional engineer who has consulted with
the required agencies.
4. Wind Turbines
Definition: Wind turbine generator (commercial) means a structure designed to convert wind energy
into mechanical or electrical energy. A commercial wind turbine may include, but not be limited to, wind
turbine, generator, operations and maintenance buildings, meteorological towers, collector grids and
electrical substations. Note that a Wind Farm or Wind Park: means more than one wind turbine
generator located on a lot.
Conditions:
a. Commercial wind turbine generator
i.
A commercial wind turbine which has a collective energy nameplate rating of one hundred {100)
kW or greater shall be connected to a transmission line and/or the local power grid.
ii.
All developments shall meet applicable federal and provincial regulatory requirements.
iii.
The development shall not create hazards or any negative impacts on neighbouring properties.
iv.
v.
vi.
vii.
viii.
i.
ii.
iii.
In cases where there are potential conflicts or impacts between a proposed development and
neighbouring property, Council may require the developer to ensure that adequate buffers or
screening are maintained to reduce the impacts on adjoining properties or other mitigation
measures that may be necessary to reduce the impacts.
The wind turbine tower shall be located to minimize visual impacts on the Town.
The wind turbine tower shall have a clear unobstructed fall zone that has a radius equal to or
greater than the height of the structure and is accommodated within the property bounds.
The wind turbine tower shall be designed and constructed to meet design loads for operational
requirements including ice buildup. The blades shall either have de-icing capabilities or be
constructed of a material (i.e., poly carbonate composite) that resists ice buildup.
Access to the site shall be restricted and shall include: fencing, gate, and signage posted as to
the property owner, company name, twenty-four {24) hour emergency telephone number, and
warnings of dangers to trespassers.
Should the wind turbine cease operations for a period of longer than two (2) years, the wind
turbine, tower, and any related infrastructure should be removed from the property.
b. Private wind turbine generator
Private turbines shall primarily be for the generation or electrical power for the property owner
of a residential use, for business owners and for varied public use buildings and other similar
sites, but not for outside sale.
Council may determine that the minimum parcel size of 2,000 m2 with a wind turbine height of
approximately 10 m; if this is not sufficient to mitigate impacts to adjacent properties, the wind
turbine proposal may be denied by Council.
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4.5.3
Fishery Use
Definition: Fishery use means land and buildings used for the production, processing, storage and
maintenance of fishery products or equipment including aquaculture and include land and buildings
designated for the building, launching, docking or storage of a commercial fishing vessel, and similar
operations, such as a marine centre, fish processing plant.
Conditions:
1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
4.5.4
Forestry Activities
Definition: Forestry activities have the meaning as defined in the Forestry Act, 1990. This includes forest
harvesting, road building and silviculture activities.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4), or a Forestry
Management Plan and to submit, every year, the annual operating plan;
2) Must meet Use Zone Site Development standards and conditions;
3) Permits for commercial and domestic woodcutting or other forestry related activities must be
obtained from the Regional Forestry Office, Government of Newfoundland and Labrador;
4) All commercial harvesting operators must apply for a development permit.
4.5.5
Industrial-Artistic
Definition: Industrial Artistic means development used principally for smaller scale manufacturing of
items for artistic purposes involving a working studio and a retail storefront, and may include the
following: Leather/ Clothing/ Textile /Ceramic/ Design; Fine Woodworking; Fine Glass-Working;
Ceramics/ Pottery; Jewellery Making/ Repair; Metalsmith/ Blacksmith; Fine Metalworking;
Printmaking; Taxidermy Shop; Soap Making; Visual Artistry; Sculpting/ Pottery-Making; and Sound
Recording/ Engineering.
Conditions:
1) The use shall not be permitted in close proximity to a residential or commercial area where, in the
opinion of Council, the use or its associated activities will create a nuisance, such as the generation
of fumes, noise, vibration, litter, and lighting, affecting the nearby residential area;
2) Must meet Use Zone Site Development Standards and conditions;
4.5.5
Industrial - General
Definition: Industrial General means development used principally for one or more of the following
activities:
a.
the processing of raw materials;
b. the making, manufacturing or assembling of semi-finished or finished goods, products or
equipment;
c.
the cleaning, servicing, repairing or testing of materials, goods and equipment normally
associated with industrial or commercial businesses or cleaning, servicing and repair operations
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to goods and equipment associated with personal or household use, where such operations
have impacts that would make them incompatible in non-industrial zones;
d. the storage or trans-shipping of materials, goods and equipment;
e.
the distribution and sale of materials, goods and equipment to institutions or industrial and
commercial businesses for their direct use or resale;
f.
transport establishments, which include the use of land, buildings, structures or parts thereof,
where commercially licensed trucks, transports and buses are rented, leased, loaded or
unloaded, serviced or repaired kept for hire, stored or parked for dispatching as common
carriers or where goods are temporarily stored for further shipment. Fuel and petroleum
products may be dispensed and parts and accessories sold;
g.
data centres (building(s) that house computing facilities like servers, routers, switches and
firewalls, as well as supporting components like backup equipment, fire suppression facilities
and air conditioning); or
h. the training of personnel in general industrial operations.
Examples include, but are not limited to, factories, fish processing plants, marine service centres, cold
storage plants, freight depots, concrete plant, general garage, industrial-related warehouses, welding
shops, vehicle body repair and paint shops/depots, and similar uses, and marijuana growing operations.
This use class does not include utility services or the preparation of food and beverages for direct sale to
the public .
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
3) Minimum of 2 access points for access/egress;
4) Surface runoff shall be directed to an oil/water separator before being discharged into a storm
sewer or other drainage system;
5) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
6) Where it deems necessary, the Town shall require the provision of buffering by the developer which
shall be to the satisfaction of the Town.
4.5.6
Industrial - Heavy And/or Hazardous
Definition: Industrial-heavy and/or hazardous means industrial uses, which, by their nature, generate
noise, fumes, odours, and are hazardous or obnoxious. This would include manufacturing uses which are
required to be registered under the Environmental Protection Act, 2002, such as:
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Processing of meat, fish and poultry products
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Feed Mills
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Distilleries, breweries or wineries (excluding micro-breweries)
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Manufacture of rubber products such as tires and tubes
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Manufacture of plastic products
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Leather and allied products such as leather tanneries
-
Manufacture of textile products
-
Sawmills, planing mills, shingle mill products industries
-
Paper and allied products manufacturing
-
Manufacturing, refining and fabricating of metal products
-
Manufacturing of clay products, cements, and other non-metallic mineral
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products
-
Refining of petroleum products
-
Manufacture of chemical and chemical products including industrial,
-
agricultural, plastics and synthetic resins, paints and varnishes, soaps and cleaning compounds
-
Other manufacturing uses including photographic films and plates, floor tiles and coated
fabrics manufacturing.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
4.5. 7
Industrial - Light
Definition: Industrial-light means the use of any land or buildings for any general industrial use that can
be carried out without hazard or intrusion and without detriment to the amenity of the surrounding area
by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance., unsightly
outdoor storage, refuse matter, or effluent. Examples include but are not limited to, a recycling depot,
wholesale and warehouse uses, rental storage uses, commercial - custom service, catering services,
industrial bakeries, food processing, light manufacturing and assembly (clothing, furniture, consumer
electronics), broadcast studio, and similar uses; but does not include a salvage/scrap yard.
Conditions:
(1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4);
(2) Must meet Use Zone Site Development Standards and conditions;
(3) Light industry uses may must be conducted and wholly contained within an enclosed building and
shall not be obnoxious by reason of noise, vibration, odour, dust, smoke, unsightly outdoor
storage, refuse matter, or water carried waste. Such uses shall not involve the use of chemical
processes which result in the emission of gases, use of significant volumes of water or which
generate significant levels of truck traffic.
4.5.8
Industrial Mall
Definition: Industrial mall means a building or a group of buildings designed, developed, owned and
managed as a unit in which separate spaces are leased or occupied by permitted industrial uses. No
more than 30 percent of the gross floor area of an industrial mall is used for accessory office or related
commercial uses.
Conditions:
1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
4.5.9
Mineral Exploration
Definition: Mineral exploration means the search for and sampling of minerals or quarry materials
where the activity or activities involved meet the definition of "development" under the Urban and Rural
Planning Act. "Mineral" and "quarry material" for the purpose of interpreting the definition of mineral
exploration {development) are as defined in the provincial Mineral Act and Quarry Materials Act, 1998,
respectively. Mineral exploration does not include mining or mineral working (e.g., quarrying). Activities
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which meet the definition of mineral exploration (development) are to be contrasted with mineral
exploration activities that do not meet the definition of development, examples of which typically
include traditional prospecting, geochemical sampling surveys (of rock, soil, sediment, water, or
vegetation), ground-based and airborne geophysical surveys, and the cutting of survey lines.
For the purposes of municipal planning, exploration for quarry materials (e.g., sand, gravel) should be
considered a form of mineral exploration and included in the definition of mineral exploration.
The Mineral Lands Division, Mines Branch, administers the Mineral Act 1990 under which mineral
licences are issued and within the bounds of which mineral exploration may be approved by the issuance
of an "exploration approval". Exploration approvals are generally issued for no longer than one year.
Applications for exploration approval involving areas within a municipal planning area and where the
activities proposed may involve ground disturbance, wildlife disturbance, water quality impairments, or
foreseeable land use conflict, are referred to the municipality (in addition to other government
agencies), and terms and conditions are drafted to address any specific concerns raised during the
referral process
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Mineral exploration that does not meet the definition of 'Development': Mineral exploration that
does not meet the definition of 'Development' and does not involve appreciable ground
disturbance, construction of access roads, or objectionable noise, odour or appearance, of little or
no visible impact (e.g. prospecting, ground-based geophysical surveys, geochemical sampling
surveys) will be permitted anywhere in the Municipal Planning Area, provided that adequate
notification is provided to Council.
3) Mineral exploration, which is classed as 'Development - conditions for development:
a.
adequate provision is made for buffering and mitigation of potential impacts on adjacent
zones; mineral exploration shall be subject to conditions that control noise, appearance, and
other impacts that may arise, as well as the duration of the exploration program. The precise
nature of these controls will depend upon the location of the mineral exploration in relation
to built-up and environmentally sensitive areas, such as water supply areas, watercourses,
and wetlands.
b. Where there is to be ground disturbance, the developer shall provide a site restoration surety
and/or other satisfactory guarantees of site landscaping to Council.
c.
Council will not issue a permit for mineral exploration until all necessary permits and
approvals have been obtained from Provincial agency.
d. It complies with provincial standards.
Basic environmental requirements for mineral
exploration are already set out in the Mineral Regulations under the Mineral Act, 1990 for
example, that all excavated, stripped, and grubbed sites be rehabilitated by backfilling or re-
contouring, as appropriate, and then placing stockpiled organic materials back over the site.
The Mineral Lands Division conducts inspections year-round to ensure that the Mineral
Regulations and the terms and conditions of exploration approvals are adhered to, including
that rehabilitation, once due, is completed as required
e.
According to the Mineral Lands Branch, mineral exploration that is classed as development
should be at least a discretionary use in all zones, provided that the work is subject to
conditions appropriate to the use zone and which address any other concerns specific to the
location.
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f.
Should a town have concerns about any mineral exploration activity, whether before or after
the issuance of an exploration approval from the Provincial Government to conduct the work,
the town shall contact the Mines Branch, Mineral Lands Division in order to have the concerns
addressed. Exploration for quarry materials (e.g., sand, gravel) is permitted using the same
procedure and typically involves the excavation of test pits followed by their immediate
rehabilitation.
4.5.10 Mineral Working
Definition: Mineral working means an operation consisting of one or more of the following activities:
the digging fort excavation, and removal of quarry materials (i.e., quarrying) (may involve blasting), the
removal of quarry materials previously excavated, the removal of quarry materials previously deposited
on site, the stockpiling of quarry materials, the processing of quarry materials (e.g., crushing, screening,
washing), the production of civil construction materials which use quarry materials in their natural form
(e.g., asphalt, concrete), the re-processing of quarry materials including from reclaimed civil construction
materials (e._g., reclaimed asphalt, concrete), the production of soil by blending organic materials with
quarry materials, or the treatment or remediation of soil. "Quarry material" for the purpose of
interpreting the definition of mineral working is as defined in the provincial Quarry Materials Act, 1998.
Mineral working does not include mining but may include mineral exploration (development) as a
secondary activity. Mineral working does not include the excavation and removal of quarry materials as
a by-product of an approved development.
Conditions
1) For approved developments where the extraction of quarry materials is occurring or may be
expected occur, the Town shall send a copy of the development permit to the Mineral Lands
Division. (Note that quarry materials include but are not limited to aggregate, fill, rock, stone, gravel,
sand, clay, borrow material, topsoil, overburden, subsoil, peat).
2) Council shall be satisfied that the mineral working areas will not create a nuisance and will not
adversely affect the amenity of the proposed development. Recommended buffers include:
a.
From existing or proposed residential development to where no blasting is involved -
300 metres; and
b.
From existing or proposed residential development to - where blasting is involved - 1000
metres
Note: where a minimum required distance was originally observed when choosing the location
of the quarry, quarrying should not be discontinued or impeded where the buffer is reduced to
less than the required distance due to encroachment of development towards the quarry.
3) Where the municipal authority is satisfied that the mineral working will not adversely affect the
specified adjacent use or natural feature, mineral working may be permitted closer than the
minimum separation distance or buffer specified. By allowing the municipality to waive pre-set
separation distances where it is satisfied there will be no adverse effect provides for greater
flexibility in selecting sites where mineral workings may be permitted. Such flexibility is
especially important in larger municipalities where the demand for construction aggregate is
greater while at the same time space more limited. Where mineral workings are proposed
within a specified distance of a specified adjacent use or natural feature that could be adversely
affected by the mineral workings, special conditions should be applied to mitigate, reduce, limit,
or eliminate the anticipated negative effects.
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4.5.11 Mining
Definition: Mining means an operation involving the extraction of a mineral for sale and for which a
mining lease is required under the provincial Mineral Act administered by the Department of Industry,
Energy, and Technology. "Mineral" for the purpose of interpreting the definition of mining is as defined
under the Mineral Act. Mining may include, as secondary activities, mineral exploration (development)
and mineral working. Note that under the Mineral Act dimension stone (i.e., stone used for building
facades, gravestones, etc.) is considered a mineral in Newfoundland but a quarry material in Labrador.
Conditions:
The following conditions shall apply to a Mining application subject to a Provincial Government
regulatory and permitting requirements:
1) An application for a development permit shall include a Mineral Working Development Plan
satisfactory to the Council for the proposed Mining use, which shall include a site plan showing the
location of physical site features and extraction and processing features required by the Council
including but not limited to:
a.
boundaries of the parcel to be mined;
b.
extent of site area(s) to be mined;
c.
buildings and structures on the site;
d. roads, parking and loading areas and entrance and exit to the site;
e. fences, berms and landscaping provided for screening;
f.
waterbodies and channels to be removed, shifted and created;
g.
location and expected maximum height of stockpiles of mined ores, sand and gravel;
h.
location of major machinery and conveyors for receiving and processing raw ores including
machinery for sifting, washing and grading ores, and the manufacturing of concrete and
stone products;
i.
the probable location of storage piles of topsoil and overburden removed from earlier
phases of mined areas and temporarily being stored for replacement under the Reclamation
plan; and
j.
intended phases of mining operations to be carried out over all portions of the site.
2) An application for a development permit shall include a Mining Reclamation Plan satisfactory to
Council for the proposed mineral working use which shall explain, illustrate and show to the
satisfaction of Council a plan for restoration of the site which includes final ground contours, slopes,
depth of topsoil, and vegetation and a phasing plan, if necessary, in the form of a grading and
landscape plan or plans.
4.5.12 Natural Resource-Related Uses
Definition: Natural resource-related uses means the use of land or buildings for any commercial or
industrial development directly associated with, or requiring proximity to, farm operation, fisheries,
forestry or mineral working industries; for example, may include, but not limited to: processing of meat,
fish and poultry products; feed mills; sawmills; planning mills; asphalt plant; gravel crushing operation
(sand); animal husbandry services; produce or grain storage/processing facilities; farm, industry and
construction machinery sales and service establishments; feed and seed warehouse and associated retail
outlets, including a nursery or garden centre.
Condition:
1)
Must meet Use Zone Site Development Standards and conditions;
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4.5.13 Salvage/Scrap Yard
Definition: Salvage/scrap yard means an area of land or lot including any building or structure used for
the receipt, storage, sale, re-sale and processing of waste or surplus automobile, transportation vehicles
or industrial equipment, including any parts or pieces that have been removed, but does not include a
solid waste recycling/disposal and composting site.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions
2) A scrap yard or solid waste storage or disposal site shall be screened in the following manner where
it is visible from a public street or highway, developed area, or area likely to be developed during the
life of the use:
a.
Where tree screens exist between the use and adjacent public highways and streets or other
land uses (excepting forestry and agriculture), the tree screens should be retained in a 30-m-
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 m in a forested appearance.
b. Where vegetation dies or is removed from the 30 m strip, the Council may require new trees
of a minimum height of 1 m be planted to fill in the areas affected to the satisfaction of the
Council or, at the discretion of the Council, where no tree screens exist of sufficient width
and density to constitute a visual screen, earthen berm should be constructed to a height
sufficient to prevent visibility of any part of the use from adjacent uses (exception forestry
and agriculture) or adjacent public highways and streets. The berm shall be landscaped to
the Council's satisfaction.
3) It is recommended that a visual screen fence satisfactory to the Town of at least 2.4 min height be
erected around the area used for outdoor storage;
4) Where it is located within or adjacent to a commercial, residential or institutional area or
development, there is no outdoor storage;
S) Unless the Council is satisfied that the use will not create a nuisance and will not adversely affect the
amenity of the specified development or natural feature, no scrap yard or solid waste storage or
disposal site shall be located closer than the minimum distances set out below to the specified
development or natural features:
a.
Existing or proposed Residential Development - 300 metres
b. Any other developed area or area likely to be developed during the life of the scrap yard or
solid waste storage or disposal site-150 metres
c.
Public highway or street- SO metres
d. Protected road - 90 metres
e.
Water body or watercourse- 50 metres
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4.6
PUBLIC/INSTITUTIONAL LAND USE CLASS
4.6.1
Cemetery
Definition: Cemetery means a facility or land area reserved and dedicated to the burial of the dead and
includes a columbarium, mausoleum, mortuary and related maintenance facility.
Conditions:
1) Council may require a landscape plan to be submitted as part of the Development Application. The
landscape plan shall illustrate areas of landscaping in relation to the burial plots and shall identify
the location and types of plant species that are to be planted.
2) It is recommended that a minimum 6 m wide buffer should be maintained between any lot line of
the cemetery and areas designated for burial purposes and, within this buffer, trees and shrubs are
to be planted to provide a landscaped screen between the cemetery uses and abutting properties.
3) A fence should be constructed and erected along all lines of the cemetery
4) A cemetery use shall receive the approval of the Provincial Government.
4.6.2
Institutional Use
Definition: Institutional use means the use of land or buildings for public purposes, whether publicly or
privately funded, where people may gather in larger numbers to access a regional or a municipal-wide or
regional service, including but not limited to:
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Hospitals;
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Detention facilities;
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Government Offices;
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Educational Facilities;
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Convention Centres or major cultural centres, such as provincial Arts and Culture Centres;
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Recreation Complex, such as an arena or stadium, multi-use sports and entertainment centres,
roller rinks, swimming pools, zoos, exhibition/fair grounds; and,
-
Personal Care Facilities (larger than residential home), such as nursing or senior's homes, family
and group care centres (see Condition 3 below).
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
3) For Personal Care Facilities-Non-residential (Nursing Homes and Family & Group Homes/Care
Centres), the following standards apply:
a. The development will be treated as a single comprehensive development as set out in Part II
of these Regulations, except that the minimum dwelling floor areas, building line setbacks
and yards shall be as determined by Council.
b. The development shall be tailored to the needs of the persons occupying the development
in accordance with their condition.
c.
The overall design of the development - including road layout, landscaping, building design
and location, parking areas, and so forth - will be attractive and compatible with other uses
in the vicinity.
d. A single management authority should be responsible for the maintenance of properties
within the development.
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61
e.
Building types can be as necessary to serve the purposes of the development, including a
variety of dwelling types, care facilities, and communal facilities such as storage rooms,
hobby rooms, workshops, and garages.
f.
Adequate noise separation shall be maintained between the use and adjoining dwelling
units in an apartment building,
g.
a fire exit for the exclusive use of the facility use shall be provided,
h. a separate entrance for the exclusive use of the facility use shall be provided unless the
entrance to the use from a common lobby or foyer is immediately adjacent to such lobby or
foyer,
i.
parking as required in these Regulations shall be provided and reserved for the exclusive use
of the facility use and identified as such on the parking lot,
j.
a minimum of 5 m2 of net floor space per person should be provided for use by the facility
users, this aggregate floor space should be utilized for the purpose of group amenity areas
and individual rest areas, and
4.6.3
Protective and Emergency Services
Definition: Protective and emergency services means a development which is required for the public
protection of persons and property from injury, harm or damage together with the incidental storage of
equipment and vehicles, which is necessary for the local distribution of utility services. Typical uses
include police stations, fire stations and ancillary training facilities.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise, light, and separation measures shall be incorporated into the development to
reduce nuisance impact on surrounding properties.
4.6.4
Public Gathering Places -Indoor
Definition: Public gathering places-Indoor means a building or part thereof designed and equipped to
be used for public gatherings for entertainment, religious (place of worship), cultural, civic, educational,
charitable, philanthropic or social purposes and may include, but are not limited to, a movie theatre,
playhouse, museum, art gallery, place of worship, funeral home, community or cultural centre, library.
These are smaller than regional institutional uses, like a hospital or college campus, as the patrons
generally are not such a broad segment of society and therefore does not create the same level of
activity in terms on onsite use and traffic.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3) Where permitted as a discretionary use on a Use Zone Table in Chapter 3, a place of worship or an
educational use shall conform to the frontage, building line setback, side yard, rear yard, lot
coverage and height requirement specified for a single detached dwelling.
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Public Gathering Places - Outdoor
Definition: Public gathering places-outdoor means an open-air assembly use requiring the minimum of
permanent facilities, and included, but is not limited to, facilities in the form of or similar to, an outdoor
worship service and informal outdoor recreation, including, but not limited to, a picnic or barbecue
area, playground and walking or jogging trails, amphitheater; but does not include sport and recreation
facilities or a recreation complex.
Conditions:
3) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
4) Must meet Use Zone Site Development Standards and conditions;
5) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
6) The use shall not negatively impact upon the associated activities such that the combined uses
create a public safety or health concern or inconvenience.
7) The use shall not be permitted in close proximity to a residential area where, in the opinion of
Council, the use or its associated activities will create a nuisance, such as the generation of fumes,
noise, vibration, litter, and lighting, affecting the nearby residential area.
8) Where it is determined by Council, for public safety and convenience, that fencing is required; the
area of the use shall be fenced in accordance with the requirements of Council;
9) Where it is determined by Council that washroom facilities are required, the use shall be required to
provide washroom facilities in accordance with the requirements of the Digital Government and
Service NL and Council;
10) Where it is determined by Council, a security deposit will be required to be submitted to the Town
for the cleanup of the site and surrounding area of litter and debris which is generated by the
activities or the use. The security deposit shall be returned upon the site and surrounding properties
being left in a clean state that is satisfactory to Council.
4.6.6
Sports and Recreation Facilities
Definition: Sports and recreation facilities means land and a building, structure or part thereof, not part
of a large institutional building, designed and equipped to be used for athletic and leisure activities, and
may include, but not limited to, a health and fitness centre, bowling alley, curling rink; tennis, squash,
handball and badminton courts; sports fields, outdoor tennis courts, outdoor ice surfaces or rinks,
athletic fields, boating facilities, and informal outdoor recreation facilities, such as, cycle, walking or
jogging tracks; golf course/driving range without resort facilities; but does not include a recreation
complex but may include Public Gathering-Outdoor uses.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3) Their environmental impact within the site can be contained and minimized;
4) The activity is not unduly detrimental to the wider amenity of the area; and,
5) The activity does not have a detrimental effect on neighbouring land uses or amenities.
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4.7
RESIDENTIAL LAND USE CLASS
4.7.1
Single Detached Dwelling
Definition: A single detached means a detached dwelling containing one main dwelling unit which has a
private entrance, and which is not attached to another dwelling; and, does not include mobile homes,
but does include mini-homes or Tiny homes; but it may contain a subsidiary apartment (see 5.1.2)
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) In the Resource zone, a single dwelling may only be permitted only as accessory to an agricultural use.
A dwelling is subject to the approval of the Land Stewardship Division and the Government Service
Centre before a permit is issued by the Town.
4.7.2.
Semi-Detached Dwelling (Double dwelling)
Definition: A semi-detached dwelling means a building containing two dwelling units, where each
dwelling unit has a private entrance as compared to apartment buildings with a common entrance,
where the units can be placed one above the other, or side by side, but does not mean a Single
Detached Dwelling containing a subsidiary apartment. Both units must front on the street.
Conditions:
1} Must meet Use Zone Site Development Standards and conditions.
4. 7 .3
Townhouses
Definition: A townhouse or town home is a single-family home that shares one or more walls with other
independently-owned units. They are often in rows of uniform homes, two stories or taller. Residents
own their interior and exterior walls, lawn, and roof, as well as the insurance for both their home and
property. Residential townhouses are usually three or more dwelling units, each unit separated
vertically from the others, each of which must have an independent entrance to a front and rear yard
immediately abutting the front and rear walls of the unit, and each of which may be located on a
separate lot. All units front on a street.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4};
3} Shared walls must meet all national code regulations;
4.7.4
Apartment Building
Definition: Apartment building means a building containing three or more dwelling units which have a
shared entrance and hallway but does not include a row dwelling or a subsidiary apartment.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2} Required to submit a Planned Unit Development application (2.2.2 & 2.2.4);
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4. 7 .5
Mini-Home and Mobile Homes
(a) MINI-HOME -Definition: Mini-home means a sectional prefabricated dwelling designed for
transportation after fabrication to a site, typically transported by means of flat-bed trucks, and coupled
together mechanically and electrically to form a single structure situated on a concrete foundation,
either a full basement or crawlspace, but does not include a mobile home. Mini homes do not have
axles or a chassis.
(b) MOBILE HOME - Definition: Mobile home means a transportable factory-built single detached
family dwelling unit:(a) which complies with space standards substantially equal to those laid down in
the Canadian Code for Residential Construction and is in accordance with the construction standards laid
down and all other applicable provincial and;(b) which is designed to be transported on its own wheels
and chassis to a mobile home lot, and subsequently supported on its own wheels, jacks, posts or piers,
or on a permanent foundation and connected to exterior public utilities , in order to be suitable for year
round term occupancy.
Mobile Home or Mini Home Park: means a development under single or joint ownership, cared for and
controlled by an operator where individual mobile or mini home lots are rented or leased with or
without units placed on them and where ownership and responsibility for the maintenance and
development of site facilities including underground services, access roads, communal areas, snow
clearing and garbage collection, or any of the, are the responsibility of park management. It does not
travel trailer park, campground or group dwellings.
Mobile Home or Mini-Home Subdivision: means a development requiring the subdivision of land
whether in single or joint ownership into two or more pieces or parcels of land for the purpose of mobile
home or mini-home lots and where the maintenance of streets and services is the responsibility of a
municipality or public authority. A mobile home may not be located within a mini home subdivision;
however, a mini home may be located within a mobile home subdivision.
Conditions:
1) A mobile home may be located outside a mobile home park or subdivision provided that the
structure meets the following conditions:
a.
The home is placed on a permanent foundation or otherwise permanently supported and
fixed, with wheels and axles removed, and shall be provided with a visible foundation or
skirting acceptably similar in appearance to foundations of dwellings in the immediate area;
b. The lot otherwise meets the standards of a residential lot.
2) Mini-home may be located outside a mini-home park or subdivision provided that the design is
compatible with housing design of existing homes in the neighbourhood.
3) A mobile/mini home subdivision/park is required to submit a Planned Unit Development Application
(2.2.2 & 2.2.4);
4.7.6
Cottage (or Cabin)
Definition: Cottage or cabin means a dwelling unit designed or intended for seasonal or recreational use
and is not intended for use as permanent living quarters and does not include a vehicle as defined under
the Highway Traffic Act, 1990.
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Development Regulations 2023-2033
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Must meet building requirements under these Development Regulations, including the National
Building Code, etc.
3) Remote or accessible (recreational) cottages will not be eligible for municipal
4) If a home in a residential area is used as a seasonal residence, it must be maintained to the standard
of the neighbourhood as a full-time residence;
5) Recreational cottages with road access (usually a resource road) allocated on Crown land should
preferably be located within a designated cottage development area by the Lands Branch,
Government of Newfoundland and Labrador.
6) In the Resource zone, cottages are a discretionary use that may only be permitted if the Town is
satisfied that it will not create an obligation to provide municipal services and that it will not have a
negative impact on resource exploration and development within the Resource zone.
4.7.7
Group Home
Definition: A Group home is a Single Detached Dwelling used for children or young people who cannot
live with their families, people with chronic disabilities who may be adults or seniors, or people with
dementia. Typically, there are no more than six residents. There is at least one trained care-giver onsite
24 hours a day. Examples include, but are not limited to, Special Care Home, Nursing home, Supportive
Living home, Convalescent/recovery/rehabilitation home, Palliative care home/hospice, Individual and
family Social Service home, Reformatory without detention centre, and convent.
Conditions:
1) A personal care or group home is permitted in a dwelling unit that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff.
2) The use and appearance of the dwelling shall not materially differ from, or adversely affect, the
amenities of adjacent dwellings or the neighbourhood.
3) Council may require special access and safety features to be provided for the occupants before
occupancy is permitted.
4.8
UTILITIES AND PUBLIC INFRASTRUCTURE
4.8.1
Communications
Definition: Communications means a television, radio, cell phone, or transmission tower or antenna, as
well other communications transmitting or receiving building or infrastructure and includes wireless
communications facilities, such as, infrastructure regulated by the federal government that enables
wireless communications including broadcast antennas, cellular phone towers including private antenna
systems for ham radio and citizen band radio, mounted on the ground or on another structure such as a
rooftop.
Conditions:
a.
Council may, within any zone, permit land or a building to be used in conjunction with
telecommunications structures or antennas subject to the following standards:
a.
must meet Industry Canada standards;
b. where it is deemed feasible, a new telecommunications structure or antenna will share
existing telecommunications structure or antenna infrastructure or will modify or replace an
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existing telecommunications structure or antenna to accommodate the new and existing
telecommunications structure or antenna provided the changes to the existing
telecommunications structure or antenna do not detract from the appearance and character
of the surrounding properties;
b. the colour, location, and design of a new telecommunications structure or antenna will not detract
from the appearance and character of the surrounding properties and do not negatively impact
aesthetically on adjacent lands and uses; and,
c.
The site or the building on which the telecommunications structure or antenna is erected or
situated should be landscaped or treated in such a manner to minimize the visual impact on the
surrounding area.
4.8.2
Easement
Definition: Easement means the right to use land, most commonly for access to other property, or as a
right-of-way for utility service.
Conditions:
1. No permanent building shall be constructed over any known easement, whether that easement has
been assigned to the Town, a department of the provincial or federal government, or any utility
company (i.e.: Newfoundland Power, telephone, cable television, Crown Land). Permanent buildings
include, but are not limited to, all dwellings and accessory buildings.
4.8.3
Utilities
Definition: Utilities means a development that comprises a system or works including municipal services
used to provide one or more of the following for public consumption, benefit, convenience or use:
a.
water;
b. sewage disposal;
c.
drainage;
d. fuel;
e.
electric power;
f.
waste management;
g.
street lighting;
h. telecommunications,
i.
and includes minor buildings and the thing that is provided for public consumption, benefit,
convenience or use but does not include a water treatment plant, sewage treatment plant, solid
waste landfill, or power plant (including energy generating facilities in 4.4.4).
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Water treatment plant, sewage treatment plant, solid waste landfill, or power plant will be reviewed
as required by the development application process for the purposes of establishing conditions for
development and ensuring appropriate referrals are made to agencies such as Environmental
Assessment Division, Waste Management Division, etc.
3) No adverse effect on adjacent land uses is created.
4) The size and appearance of such works must be in keeping with adjacent uses; and,
5) Provision should be made for buffering in the form of landscaped areas between uses;
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5.0
ACCESSORY USES & BUILDINGS AND HOME BUSINESSES
5.1
ACCESSORY USES
5.1.1
General Accessory Uses
Definition:
ACCESSORY USE (as defined in the Minsters Development Regulations) means a use that is subsidiary to
a permitted or discretionary use and that is customarily expected to occur with the permitted or
discretionary use;
Examples of accessory or subsidiary uses and buildings to a primary use include, but are not limited to,
the following:
a.
facilities for the serving of food and alcoholic beverages in an arena or other public gathering
place, adult day care, home care or senior's residence, marina, or hotel;
b.
childcare, catering, convenience and take-out food service maybe permitted as an accessory use
to a recreational facility, provided that they are contained within the building envelope of the
recreational building;
c.
a gift or souvenir shop in a museum, hotel or other public institutional establishment;
d. an office, convenience store, or small catering establishment in a campground;
e.
a dock, wharf, slip or stage associated with a permitted use; exception includes a storage
building and workshop only if it does not detract from the nature of the neighbourhood;
f.
a storage building or workshop;
g.
a subsidiary apartment which is a separate dwelling unit constructed within and subsidiary to a
self-contained dwelling or commercial building;
h. a home business;
i.
on a farm it can include a residence only associated an agriculture farm operation;
j.
a satellite dish or similar device attached to a building;
k.
a wind generator, solar panel, radio antenna, or similar device;
I.
an office or storage building associated with a commercial building; and,
m. a workshop or storage building dock associated with an industrial use.
General Condition for all accessory uses:
1.
Must conform to Use Zone Table in which the primary permitted use is located, unless otherwise
stipulated in the conditions for accessory buildings in Section 5.2.
5.1.2
Subsidiary Apartments
Definition: Subsidiary apartment means a separate dwelling unit constructed within, or attached to a
detached dwelling, and is subsidiary to a single detached dwelling.
Conditions:
1. One subsidiary apartment may be permitted in a single detached dwelling only;
2. A subsidiary apartment shall be contained within the same building as the primary residential use.
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3. Council may consider a subsidiary apartment for seniors as a granny suite built as an attachment to
the main floor of the principal single detached residential dwelling.
4.
For the purpose of calculating lot area and yard requirements, the subsidiary apartment shall be
considered part of the single detached residential dwelling.
s. A minimum of two off-street parking spaces shall be required, one for the primary use and one for
the subsidiary apartment.
6. The minimum floor area required is 40 m2 for a one-bedroom subsidiary apartment, plus 10 m2 for
each additional bedroom.
7. The apartment shall not alter the appearance of the structure as a single detached residential
dwelling;
8. The apartment shall have a separate entrance/egress to the outside;
9. The apartment must be completely self-contained, with facilities for cooking, sleeping, and bathing.
10. For lots without municipal water, Digital Government and Service NL shall determine water and
sewerage disposal requirements and a permit will be issued subject to its approval.
Recreational Vehicles
Definition: Recreation Vehicle or Recreational Trailer means a vehicle or portable structure designed to
provide temporary living accommodation which is either self-propelled or mounted on, or pulled by
another vehicle, and includes a travel/holiday trailer, camper trailer, truck camper, motorhome, fifth
wheel trailer, tent trailer, travel trailer, camper van or recreational trailer or other similar vehicle, but
not a mobile home or mini-home. A converted bus is not a recreation vehicle;
Conditions:
a.
Except where the owner of a RV is storing a personal use RV at his/her residence, a RV shall only be
stored in a campground or on a vacant parcel of land that is located adjacent to the parcel of land on
which the residence is located.
b. The Town may issue temporary permits for a guest or visitor RV located on a residential property,
where:
i.
There is an existing dwelling;
ii.
The Town is satisfied that the RV is only to be occupied on a temporary basis;
iii.
The RV is wholly self-contained in respect of water supply and waste disposal, which is to say,
it is not connected to the Town's water and/or sewer system.
c.
Recreational vehicles may be parked permanently on serviced lots that do not meet the minimum lot
size for serviced dwellings; Requirements for permanent RVs are:
i.
Shall comply with site development standards and sub-section' 6.1.7 Multiple uses on One lot;'
ii.
Shall be located 2.4 metres from any building and 3 metres from the nearest part of a residential
structure;
iii.
Cannot be located in the front of the building line of the lot;
iv.
Water and sewer services:
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Where municipal water and/or sewer service is available, RVs shall hook up to municipal water
and sewer services (no generator use allowed);
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where there is no municipal water and/or sewer service, the parking of an RV is at the discretion
of Council, however, the requirements of the Department of Digital Government and Service NL
are mandatory for onsite services on such sites.
v.
RVs shall be required to hook up to hydro service (no generators allowed);
vi.
Town shall charge taxes for the provision of municipal services;
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vii.
The state or condition of the RV or trailer to be allowed on a site shall be at the discretion of
Council;
viii.
The RV or trailer shall not be used for commercial use, particularly Airbnb or other rental and shall
not be used for commercial enterprises.
5.2
ACCESSORY BUILDINGS
5.2.1
Accessory Buildings - General
Definition: (as set out in the Minsters Development Regulations 3/01)
"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,
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for residential uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses,
cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and
television antennae,
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for commercial uses, workshops or garages, and
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for industrial uses, garages, offices, raised ramps and docks";
General Conditions:
1) Accessory buildings are permitted in each use class provided the buildings are clearly incidental and
complimentary to the main buildings' character, size and use.
2) Accessory buildings shall not be used for human habitation.
3) The side yard requirements set out in the applicable Use Zone Tables shall apply to accessory
buildings wherever they are located on the lot but accessory buildings on two (2) adjoining
properties may be built to property boundaries provided they shall be of fire-resistant construction
and have a common firewall.
4) Quonset style/steel accessory buildings may be permitted within the Resource Use Zone only.
5) Accessory buildings shall not be located in an easement;
6) a Wharf/Boathouse/Slipway/Breakwater is an Accessory building that is allowed in any zone, subject
to the following conditions:
a.
Must meet Use Zone Site Development Conditions;
b. Appropriate noise and separation measures shall be incorporated into the development to
reduce noise impact on surrounding properties;
c.
Wharf/Boathouse/Slipway/Breakwater structures shall follow the guidelines for the
Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses
d. The Applicant must obtain a permit under of the Water Resources Act, 2002 under Section
48 for any infilling or dredging work associated with these structures or other works near or
in any body of water prior to the start of construction. Contact: Water Rights &
Investigations Section.
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5.2.2
Accessory Buildings - Residential Use Class
Conditions
1) Location:
a.
An accessory building shall not be built within any easement area;
b. At the discretion of Council,:
i. an accessory building may only be allowed to be located in front of the building
line (front yard) on the street which the building has its legal civic address where
it is not possible to construct an accessory building in the back yard.
ii. an accessory building on a corner lot may be located in front of the building line
on the flanking yard provided the location does not impede visibility on the
flanking street, and the accessory building is set back a minimum of 8 metres
from the flanking street;
provided that:
i.
A public notice has been advertised in accordance with the requirements for
variances;
ii.
The placement of the building must not negatively affect neighbouring properties;
iii.
A site plan is submitted showing all buildings on the lot including the proposed
accessory building.
2) Size: The maximum lot coverage of the principal buildings and accessory buildings on a lot shall not
exceed the maximum lot coverage allowed in the zone development standard requirements
provided that, the accessory building is:
a.
no larger than the primary residence;
b. considered for approval by the Authority on a case by case basis taking into account the
following factors:
i. the proposed location, design, height, and building materials for the accessory
building;
ii. the proposed use of the accessory building;
iii. an assessment of the site's characteristics such as a property configuration,
topography, vegetation;
iv. proposed fencing and enhanced landscaping; and, a determination of
neighbourhood character and fit.
3) Residential lots may have more than one accessory building provided that the maximum combined
floor area of all buildings shall not be greater than the maximum lot coverage as set out in the Use
Zone Table.
4) Setbacks:
a.
A minimum of 0.5 metres from any property boundary; and,
b.
2.4 metres from any building and 3 metres from the nearest part of a residential structure;
5) Height:
a.
At the discretion of Council, where the residence (primary use) is one-storey in height, the
accessory building may exceed the height of the primary building;
b. Where the primary building (single detached dwelling, detached dwelling, townhome, etc.)
is more than two stories in height, the accessory building cannot be greater than 2/3 the
height of the primary building;
6) Accessory buildings shall not be used for commercial or industrial uses on a residential property,
regardless of the use zone in which it is located, unless Council has issued a permit for such use;
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7) Minor vehicle repairs or maintenance may be undertaken in a driveway; but major repairs to
vehicles must be undertaken inside an accessory building;
8) No truck, bus, semi-trailer, shipping container or other vehicle body shall be used as an accessory
building);
9) An accessory building may be used for a home business as outlined in Home business section.
10) Exterior Cladding: With the exception of greenhouses, the exterior cladding of the accessory building
should match or coordinate with the exterior siding of the main dwelling on the lot and should be
residential in character.
11) In making decisions with respect to accessory buildings, Council shall consider:
a. The location of the accessory building on the lot;
b. The size of the accessory building compared to the dwelling on the lot and the size of
structures on neighbouring properties;
c.
Visibility of the structure from neighbouring properties and/or street;
d. If the accessory building will block a view and/or light from adjoining properties;
e. The use of the accessory building;
f.
Site conditions, such as topography and the presence of wetlands; and
g.
Any other on-site conditions that may warrant Council's considerations.
5.2.3
Accessory Buildings- Non-Residential
An accessory building associated with a non-residential use shall be permitted, subject to the following
requirements:
1) an accessory building shall be located on the lot so that it has no undesirable impact on the private
enjoyment of adjoining residential lots;
2) the use of an accessory building shall be directly related to the principal use or building on the lot;
3) the maximum floor area of an accessory building shall be 100 m2 or seven percent {7%) of the lot
coverage, whichever is lesser;
4) an accessory building shall not be erected or placed upon any easements;
5) an accessory building shall maintain a minimum side yard and rear yard of 1 m;
6) an accessory building shall maintain a minimum separation distance of 2 m from the main building;
7) radio and television antennae should have a maximum height of 15 m;
8) the exterior siding of an accessory building should match or be complimentary to the exterior siding
of the principal building on the lot;
9) a temporary construction trailer used for temporary office or accommodation or storage during
construction is not subject to the requirements of 5.1.3-Recreation Vehicles; but shall be required to
obtain a permit from the Town
5.3
HOME BUSINESS IN THE RESIDENTIAL LAND USE CLASS
Accessory uses in residential areas are primarily those subsidiary activities occurring in homes; these are
most commonly referred to as 'home businesses' and are sufficiently prevalent to require specific
standards to ensure that residential zones can be protected for the residential enjoyment of residents.
5.3.1
General Home Business
Definition: General home business means a subsidiary use of a dwelling or associated accessory building
for commercial use involving the provision or sale of goods and/or services without detracting from the
residential character of the neighbourhood in terms of traffic, or any other nuisance. This does not
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include Remote work (also known as work from home [WFH] or telecommuting) is a type of flexible
working arrangement that allows an employee to work from remote location outside of corporate
offices.
Home Business examples may include, but are not limited to:
i.
Professions, such as an accountant, architect, auditor, engineer, realtor, insurance
agent, planner, lawyer;
ii.
Artisan and other home crafts;
iii.
Telephone and mail order business;
iv.
Food preparation for catering services and baking;
v.
Music and dance lessons and educational tutoring
vi.
Personal service that do not disrupt the residential character of the neighbourhood,
such as a hairdressing, tailor, photographer, pet groomer, caterer's establishment, shoe
repair, dressmaking, sewing repairs and tailor shop, small appliance, clock/watch,
bicycle, ski and snowboard and computer repair, locksmiths, manicurists;
vii.
Care services, such as child care, or home-care; and similar occupations or businesses.
viii.
Art gallery and framing shop;
ix.
Pet grooming services;
x.
Bed and Breakfasts;
xi.
Boarding house;
xii.
Home Care-Residential;
xiii.
Furniture repair and upholstery;
xiv.
Sale of bedding plants and trees grown on the same lot;
xv.
Any business applying for only a phone/fax/internet service is permitted;
Exclusions:
An accessory home-based business shall not include any business activity related to any of the following
uses:
i.
Occupations that discharge or emit odors, noxious or toxic matter or vapors; heat, glare, noise
and/or radiation;
ii.
The salvage, repair, maintenance or sales of motor vehicles, or motor vehicle engines or parts;
iii.
Tow truck operations;
iv.
The use of mechanical or electrical equipment except as ordinarily utilized in purely domestic,
household, recreational hobbies or a home office use;
v.
The use of any motor vehicle exceeding 4,500 kg licensed gross vehicle weight, or a commercial
vehicle unless such vehicle is completely enclosed within a building;
vi.
Materials and commodities that involve delivery to and from the home-based business
residence in such bulk or quantity as to require regular or frequent delivery by a commercial
vehicle or trailer;
vii.
Business that result in traffic congestion, on street parking overflow, electrical interference, fire
hazards or health hazards;
viii.
Veterinary clinics, pet breeding and boarding kennels;
ix.
Orchestra and band training;
x.
Office uses that generate regular daily visits by clients, as in a clinic;
xi.
Public gathering use;
xii.
Warehouse outlet;
xiii.
Contractors Yards;
xiv.
Adult Entertainment Uses; and,
xv.
Any other use that is not complimentary to the quiet enjoyment of a residential neighbourhood.
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General Development Conditions for Home Businesses:
1) The use is clearly subsidiary to the residential use, does not alter the character of the property or
detract from the residential character of the neighbourhood. The primary use of the property
remains residential and the scope and intensity of the use classes is entirely compatible with the
residential uses of the property and neighbourhood;
2) The external appearance of the dwelling or accessory building shall not be changed by the home
business.
3) Activities associated with the use are not hazardous, and are not a nuisance to the occupants of
adjacent dwellings; no mechanical equipment is used except that is reasonably consistent with the
use of a dwelling
4) No regular parking of commercial vehicles or trailers except for one vehicle with a gross weight of no
greater than one tonne will be permitted.
5) The residence is occupied by the operator of the home business.
6) The business within the dwelling must be owned and operated by 1 {one) resident of the dwelling.
The property owner must authorize an application for a home business by a resident who is not the
owner of the property. Working within the residence, the home business is limited to 1 {one)
employee or staff in addition to the owner/operator.
7) There shall be no wholesale or outdoor storage or display of goods or equipment.
8) There shall be no use or storage of hazardous or dangerous materials.
9) Any retail sales are incidental and subsidiary to the approved use; no wholesale or retail sale of
goods is externally apparent, for example, if sale of crafts occurs, it does not occur through walk-in
or drive-in trade. A home-based business is not a retail shop, nor for customer destination
wholesale sales.;
10) The residential lot has sufficient area to accommodate the parking and loading requirements of the
dwelling unit and the home business. In addition to the two required parking spaces for a residential
zone use, a home-based business shall provide one additional parking space for each non-resident
employee working at such facility. The home base business applicant should provide a site plan that
indicates the parking space's location and any landscape improvements related thereto at time of
business license application.
11) The only home businesses that can be conducted outside the dwelling or accessory building are Non-
farm operation animal husbandry and market or home garden uses as defined under 'Agriculture -
Urban' and Child Care.
12) A non-illuminated identification sign not exceeding 0.2 m2 in area shall be permitted provided that
the sign is consistent with the residential character of the neighbourhood.
13) The use must be carried out inside the dwelling unit or inside an accessory building located on the
same lot; the home business will occupy:
a.
no more than thirty percent {30%) of the total floor area of the dwelling unit to a maximum
of 55 m2 can be used for the home occupation; and,
b. the home business can be housed all or in part in 1 {one) accessory building.
14) Council may require fencing, screening, and/or a minimum buffer to protect the amenity of adjacent
uses.
15) The home business will not create traffic safety, congestion or parking concerns. No home business
will operate between 9 pm and 7 am.
16) The home business will adhere to all other conditions that Council considers necessary to protect
the amenity of adjacent uses and the neighbourhood.
17) The home business will not use water or generate sewage in excess of what is normal is the
residential area and can be accommodated by the municipal water supply and sewage system.
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5.3.2
Development Conditions for Specific Home Businesses
5.3.2.1
Bed and Breakfast
Definition: Bed and breakfast, sometimes referred to as a hospitality home or inn, means an owner-
occupied or owner-managed dwelling for paid temporary accommodation. The establishment may
include a self-serving dining area for the use by overnight guests. Catered dining may be considered on a
limited-use basis. It does not include a hotel, motel or hostel.
Conditions:
1) The principal use of the residential dwelling unit shall continue to be the home for the ongoing
occupation by a single family; no other use such as for a Residential Care or Boarding use shall be
permitted at the same time as a Bed and Breakfast use;
2) Bed and Breakfast shall meet the requirements of the Tourism Establishment Regulations under the
Tourism Establishments Act, 1996 and the requirements of the Department of Digital Government
and Service NL;
3) A Bed and. Breakfast Use is not permitted within a subsidiary apartment, a mobile home or within
multi-unit dwellings units in the zones.
4) Must conform to Use Zone Table and conditions
5.3.2.2
Boarding House
Definition: Boarding house or lodging house means a single detached dwelling in which rooms are
regularly rented to 3 or more persons other than the immediate family of the owner or tenant. Guests
are semi-permanent boarders/lodgers, whereas hotel guests are travelers and transient guests. For
clarification, no permit is required for 1 or 2 boarders in a single detached dwelling.
Conditions:
1) Must conform to Use Zone Table and conditions and General Standards for Home Businesses
5.3.2.3
Home Care: Residential
Definition: Home care or family and group care means a single detached dwelling accommodating up to
but no more than six (6) persons exclusive of family or staff receiving care in a home-like setting, for
example, group homes, halfway house, child, adult care (seniors) or disabled persons.
Conditions
A family 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 Council:
1) The section of the street on which the use is located must have sufficient area and sight distance for
the safe and convenient drop off and pick up of children without hindering the safety and
convenience of vehicular and pedestrian traffic on the street, or the development provides adequate
off-street drop off or pick up spaces;
2) the use is compatible with nearby uses; that is, the use of the dwelling does not materially differ
from, nor adversely affect, the amenities of adjacent residences or the surrounding neighborhood;
3) the operator of the Home Care shall maintain the dwelling in which the use is located as his/her
primary residence;
4) Council may require special access and safety features to be provided for the occupants before
occupancy is permitted.
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6.0
GENERAL REGULATIONS
The following sections contain standards and conditions that may be relevant in any zone for any
development subject to the site location and proposed use or development.
6.1
LOT AND BUILDING SITING
6.1.1
Lot Size Integrity
1) No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof, such
that:
a.
the lot area, frontage, front yard, rear yard, and side yards are less than the minimums
permitted by these Regulations for the zone in which such lot is located, and
b. the lot coverage of all buildings exceeds the maximum permitted by these Regulations for the
zone in which such lot is located.
2) Where any part of a lot is required by these Regulations to be reserved as a yard, it shall continue to
be so used regardless of any change in the ownership of the lot;
3) Each building lot shall independently have the required front/side/rear yards and no yard from an
adjoining lot shall be deemed to be part of that lot for the purpose of computing the area available
for building purposes.
6.1.2
Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to satisfy the yard
and other allowances required in the Use Zone in which the property is located. These requirements
must be retained when the adjacent land is developed.
6.1.3
Lot to Front on to a Public Street
1. All individual lots, including infill lots, must front on to a publicly maintained road (Federal, Provincial
or Municipal) and have independent, approved access. Exceptions include: (1) a lot within a Planned
Unit Development where there may be an internal road plan; however, the Planned Unit
Development must front onto a publicly maintained road; and (2) natural resource uses and
associated industries, i.e., agriculture, forestry, mineral working, etc.
2. The front wall of a dwelling shall face the street on which it is located and shall have a civic number
easily visible for fire and emergency services (see 6.1.2).
6.1.4
Building Line and Setbacks (Refer to appendices)
1. Council may vary established building lines on an existing or proposed street under 2.4.1 taking into
consideration that it:
a.
does not create an obstruction to other dwellings on the street,
b.
is sympathetic to the location and setback of adjacent buildings,
c.
does not create a safety hazard, and
d.
is not a hindrance to municipal snow clearing or snow storage operations on the street.
2. The building line setback is measured from the front property line where the property line is the
same as the road reservation; if the property line is different from the road reservation, then the
building line is measured from the road reservation.
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3.
Adequate building setback from roads shall be required in order to maintain road standards,
consider public safety requirements for side/back/front yards; and conform to the existing
development pattern; and, ensure adequate provision is made for light, privacy, and amenity.
4. Setbacks should be sufficient to allow for landscaping of front yards, vehicle off-street parking and
take into consideration Town service obligations, such as, snow clearing;
5. To encourage a more interesting streetscape Council can allow staggered building line setbacks
6.
Council, at its discretion, may allow development to complement existing building setbacks of
adjoining properties by varying the yard requirements after notification of the proposed variance is
given to neighbouring property owners in accordance the section on Variances in these Regulations.
7. If required, the building line as set out in the provincial Building Near Highways Regulation along
any provincial highway, must be adhered to.
6.1.5
Flanking or Corner lots
In the case of a corner lot, the shortest lot line facing
the street shall be the front lot line; therefore, the
other lot line is the flanking side yard, and in the case
of double fronting lots or where the lot lines are equal
in length, the front lot line shall be determined by the
orientation direction of the majority of adjacent
neighbourhood buildings, and the other lot line is the
flanking side yard.
6.1.6
Side Yards
An unobstructed side yard shall be provided on the
exposed sides of every building in order to provide
access for the maintenance of that building.
6.1.7
Multiple Uses on One Lot
Abutting Yard
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Where two or more different uses may exist in a single building, more than one main building may be
permitted on a single lot, or a single lot may contain more than one permitted and a discretionary use,
provided that each use shall conform to all requirements in these regulations that are applicable to that
use. Exception: This does not apply to a single detached dwelling that is not part of a planned unit
development.
Multiple use may not be permitted where the Authority determines that the proposed use would not be
compatible with existing uses on or adjacent to the lot by reason of safety, amenity, appearance, or
nuisance.
Where more than one main building is developed on a single lot, sufficient area shall be reserved to
satisfy the yard requirements and other allowances outlined in the Use Zone Table applicable to the lot.
These allowances shall be maintained when the adjacent land is developed.
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6.1.8
Outdoor Storage
1) The Council may require screening from street and other surrounding development which could
include fencing or landscaping.
2) Council may prohibit outdoor storage in the front yard or side yards, as appropriate to the
surrounding neighbourhood or for public health and safety reasons.
3) The Council may, where outdoor storage is unsightly or dangerous to health or safety, order the
owner or occupier of the site to remove and dispose of unsightly or dangerous materials or
buildings, or restore the unsightly or dangerous materials or buildings to a more acceptable and
pleasing condition.
6.1.9
Civic numbering
The front wall of a building shall face the street on which it is located and shall have a civic number easily
visible for fire and emergency services .
6.1.10 Building Design and Town Character
Wherever possible, the siting of a building on a lot should be configured to optimize winter solar
exposure and take into consideration street/building layout, shading, landscaping, and on-site parking.
All building materials for exterior finish shall be subject to approval of Council in respect to acceptable
visual quality and design appearance. Any outside elements including exposed ductwork, outside air
conditioning units, cooling towers and tanks are subject to the approval of Council in respect to
acceptable visual quality.
Council shall encourage the retention of the style, size, scale, colour and form of buildings in Norris
Point, and the preservation of heritage structures. When reviewing applications for development,
Council shall consider whether the proposed development is complementary to surrounding buildings in
terms of size, scale, style and form.
6.2
LANDSCAPING, BUFFERS AND NUISANCE & UNSIGHTLY USES
6.2.1
General Requirements - Residential, Commercial and Industrial zones
1) No site work {clearing or grubbing) shall commence until a development permit is issued including
conditions regarding existing site vegetation and proposed landscaping treatment.
2) The provision of adequate and suitable landscaping or screening may be made a condition of any
development permit for a new development or the renovation of an existing building that includes
site work, where, in the opinion of the Town, the landscaping or screening is desirable to preserve
amenity and/or or protect the environment.
3) Proposed landscaping or a minimum of suitable ground cover must be achieved within a reasonable
timeline after of completion of the work approved in the development permit as determined by
Council;
4) The Council may require a landscape deposit or a financial guarantee (refer to subsection 2.5.3.1) in
the amount to cover the costs of the landscaping of the lot or area as a condition of the Development
Permit:
5) The deposit shall be paid prior to the issuance of the applicable permit by the Town.
6) The deposit shall be returned upon the successful completion of the landscaping to the satisfaction of
the Town.
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7) The amount of the landscape deposit may be set at the amount required to meet minimum suitable
ground cover to prevent soil erosion.
8) Wherever grass is a requirement for the development of a lot or space, a minimum topsoil depth of
100 mm will be required for the planting of grass or the laying of grass sods.
9) To preserve existing natural vegetation on a new site, at the direction of Council, the limits of new
development should be delineated in the field and site work will be located in such a manner to
minimize disruption on the existing and surrounding natural vegetation.
10) All areas that are disrupted by construction should be reinstated by the developer using natural
landscaping with a minimum of topsoil (100 mm) and grass.
11) Council may require the planting of trees as a condition of a development permit approval.
12) All landscaping must be maintained in good condition, not create a nuisance, and provide sufficient
cover to prevent soil erosion.
6.2.2
Landscaping requirements for subdivisions
1) Wherever possible, natural areas should be maintained in their natural state and the destruction of
these natural areas by development should be minimized. If the natural area is a part of a public open
space area, the developer should prepare a landscape plan integrating the natural areas with the
portions of the open space area that is to be developed for recreational purposes. The plan will
illustrate the grading relationships between developed and natural areas of the park.
2) Minimum landscaping of the recreational open space area should be topsoil and grass seed, as
determined by the Town. Note that mulch or pebbles alone are not considered landscaping unless
they are part of an overall landscape plan.
3) Where it is determined by Council that berming or a swale is required, or that major sloping occurs
within, or outside, the normal boundaries of a lot, it shall be the developer's responsibility to
landscape the berm, swale or slope with a minimum of grass.
4) A landscape deposit may be required as part of the Subdivision Agreement to be returned upon the
acceptance of the area by Engineering Services.
6.2.3
Buffers and Separation Distances Between Land Uses
Definition: Buffer means a berm, wall or opaque fence, row of trees or shrubs, hedge, fence, or distance
separation that provides a barrier between incompatible uses intended to obstruct or reduce the noise,
lighting glare, unsightly views or any other nuisance of one land use or property onto another. Council
may require landscaping and screening buffers for a proposed development in order to provide:
a.
an acoustic barrier;
b. an attractive visual continuity and appearance between developments or on an individual site;
c.
delineation of an area; and
d. protection for the natural environment.
6.2.3.1
Buffer between Residential and -Non-residential uses
A screen or separation between different or incompatible uses, principally between residential
and non-residential uses, will consist of either a screen of a minimum height of 2.4 m and a
buffer of 10 m between residential and industrial and 3 m between residential and commercial.
Where an industrial, commercial or public institutional development permitted in any Use Zone
abuts a street that is used as an access into a residential area or zone, a structural barrier or
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fence may be required in the flanking street side yard by Council and the structure or barrier
shall be maintained by the owner or occupier of the property to the satisfaction of Council.
6.2.3.2 Separation Buffers
The following tables provide recommended and mandatory separation distances between
various types of land uses that may not be compatible, depending upon location and site
conditions. The first table deals with Non-Residential uses adjacent to or near Residential uses;
and the second table deals with non-residential uses and roads and other non-residential uses
and roads.
Separation Between Non-Residential Uses and Residential Uses (minimum)
Non-residential uses:
Buffer (m)
Mandatory (M)or Recommended ((R)
Agriculture - farm operation for livestock
600
M
Amusement establishment
45
R
Auto repair, body repair, car wash
20
R
Bar, club, lodge,
100
R
Cottage
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At discretion of Council
Industrial - general and hazardous
100
R
Industrial - light
10
R
Kennel - > 4 dog runs
215
R
Kennel - four or fewer dog runs
100
R
Mineral working
300
M
Public institutional
3
R
Restaurant - drive through
3
R
Salvage/scrap yard
200
R
Solid waste recycling/disposal &composting sites
300
R
Separation Between Non-Residential Uses (minimum)
Uses
Separation distance in metres
Mandatory (M) or
(m)
Recommended (R)
Agriculture farm operation
45 from Centerline of Street
M
Cottage
30 m from Watercourse
M
Mineral working
150 m from proposed development
M
90 m from Designated Protected Road
M
50 m from Local public roads
M
50 m Commercial, public &institutional
M
Salvage/scrap yard
100 m from Existing/future commercial
M
25 m Public highway or street
M
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Development Regulations .20.23-.2033
Separation Between Non-Residential Uses (minimum)
50 m from Watercourse/water body
M
Solid waste
150 m from Potential development areas
R
recycling/ disposal and
50 m from Watercourse/ water body
M
composting sites
90 m Class I and II Protected Roads
M
50 m from Class Ill and IV Protected Roads
M
& local roads
When evaluating the type and location of buffers, Council should consider general wildlife habitat and
landscape connectivity for habitat protection. This could include:
a.
Maintaining appropriate riparian buffers, which are natural green belts along wetlands and
waterbodies (ponds, rivers, creeks etc.). The Wildlife Division recommends a 30 m minimum
undisturbed natural vegetated green belt could be a standard requirement when dealing with
any type of land use activity; wider green belts are suggested when bordering land uses include
for example agricultural practises.
b. To maintain landscape connectivity, green belts should be connected to forested areas or other
habitat patches to create travel corridors for various wildlife species when considering
retention of vegetation on development sites during lot clearing.
c.
Council should consider restricting vegetation clearing should always be done outside the May
01 to July 31 period (some raptors start breeding in March) as disturbance can be most
detrimental during that sensitive breeding/ young rearing period.
6.2.4
Prohibition on Land Use and Development that create Nuisance, Danger or are Unsightly
Definitions:
Nuisance means anything that is obnoxious, offensive or interferes with the use or enjoyment of
property, endangers personal health or safety, or is offensive to the senses. This could include that
which creates or is liable to create a nuisance through emission of noise, smoke, dust, odour, heat, light,
fumes, fire or explosive hazard; results in the unsightly or unsafe storage of goods, salvage, junk, waste
or other materials; poses a hazard to health and safety; or adversely affects the amenities of the
neighbourhood or interferes with the rights of neighbours to the normal use and enjoyment of any land
or building;
Dangerous or unsightly means partly demolished, decayed, deteriorated or in a state of disrepair so as
to be dangerous, unsightly or unhealthy, and includes property containing:
a.
ashes, junk, cleaning of yards or other rubbish or refuse or a derelict vehicle, vessel, item of equipment
or machinery, or bodies of these or parts thereof,
b.
an accumulation of wood shavings, paper, sawdust, dry and inflammable grass or weeds or other
combustible material,
c.
an accumulation or collection of materials or refuse that is stockpiled, hidden, or stored away and is
dangerous, unsightly, unhealthy, or offensive to a person, or
d. any other thing that is dangerous, unsightly, unhealthy or offensive to a person, and includes property,
a building or structure with or without structural deficiencies
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that is in a ruinous or dilapidated condition,
ii.
the condition of which seriously depreciates the value of land or buildings in the vicinity,
iii.
that is in such a state of non-repair as to be no longer suitable for human habitation or
business purposes,
iv.
that is an allurement to children who may play there to their danger,
v.
constituting a hazard to the health or safety of the public,
vi.
that is unsightly in relation to neighbouring properties because the exterior finish of the
building or structure is not maintained,
vii.
that is a fire hazard to itself or to surrounding lands or buildings,
viii.
that has been excavated or had fill placed on it in a manner that results in a hazard, or
ix.
that is in a poor state of hygiene or cleanliness;
Condition:
1. No building or land shall be used for any purpose which may be a nuisance, dangerous or unsightly.
6.3 STREETS, OFF-STREET LOADING AND PARKING
6.3.1
Streets and Access to streets
(1) All development must have independent, approved access.
(2) A new street may not be constructed except in accordance with and to the design and specifications
established by Council.
(3) Access(es) shall be located to the specification of Council so as to ensure the greatest possible
convenience and safety of the street system and Council may prescribe the construction of service
streets to reduce the number of accesses to collector and arterial streets.
1) No vehicular access shall be closer than 10 m to the street line of any street intersection, or 20 m to
the street line of a street intersection in the case of a collector or arterial road.
(4) Access shall be located so that there is no visual obstruction for drivers of vehicles entering or exiting
the development; therefore, to protect sightlines (view) of motorists and pedestrians:
(5) All occupied lands within 7 m of a street intersection should be kept free of any shrubs, plants, and
trees that will impede the line of vision clear for motorists and pedestrians, and
(6) No building or structure should be permitted to be erected, moved, enlarged, or reconstructed on
any land that is within 7 m of a street intersection.
(7) In order to control access to streets, Council may, by the adoption of an Access Plan:
a.
determine the number, location and layout of accesses to a street;
b.
require an access to a service street, where direct access to an arterial street is not desirable;
c.
require two or more properties to share a joint access to an arterial street where individual
accesses would not be desirable; and,
d. Where Council has adopted an access plan, the location of accesses to existing and new
developments shall be in accordance with that plan.
(8) All access to a provincial highway is determined by the Department of Transportation and
Infrastructure (Note: access permits are administered by Digital Government and Service NL).
(9) Notwithstanding the above subsections, the following types of development may be allowed on lots
that front on to a private road provided that arrangements are made for the maintenance of the on-
site road, but that the road is not maintained by a Council at public expense:
d. commercial rental cottages;
e.
seasonal commercial uses related to tourism;
f.
resort developments;
Town of New Perlican
Development Regulations .20.23-.2033
g.
seasonal cottage developments not intended for permanent residential use; and,
h. vacant land condominium subdivisions.
6.3.2
Shared Driveway (Access)
Definition: A Shared Driveway (Access) means a roadway within private property that is privately
owned, maintained and used for vehicular travel by the owner and those having express or implied
permission from the owner, but not other persons. Their main function is to provide access to the
private land. Most private roads are not designed to the same standards as public streets.
Conditions:
1. A shared driveway is considered a private road and it shall not be maintained by Council;
2.
No more than three properties are allowed to have a shared driveway (private road);
3. All primary buildings accessed by a shared driveway must have a street number visible from the street
in order to meet public safety and emergency requirements.
6.3.3
Off-Street Loading Requirements
1) Where Council deems necessary, for every building, structure or use requiring the shipping, loading
or unloading of animals, goods, wares or merchandise, one or more loading spaces will be provided
and maintained on the lot measuring at least 15 m long and 4 m wide with a vertical clearance of at
least 4 m. The space will have direct access to a public street or to a driveway of a minimum width of
6 m that connects to a public street.
2) The number of loading spaces to be provided will be determined by Council during application
review.
3) The loading spaces required by this Regulation will be designed so that vehicles can maneuver clear
of any street and so that it would not be necessary for any vehicle to reverse onto or from a street.
6.3.4
Parking
6.3.4.1
Parking Area Standards
1) For every building, structure or use to be erected or enlarged, there shall be provided and
maintained a quantity of off-street parking spaces sufficient to ensure that the flow of traffic on
adjacent streets is not impeded by on-street parking of vehicles associated with that building,
structure or use. Off-street parking requirements are set out in Section 7 .2.3.
2)
Each parking space, except in the case of a single detached, semi-detached or attached dwelling, will
be made accessible by means of a right-of-way at least 3 m wide.
3) Residential parking spaces shall be provided on the same lot as the dwelling or dwellings.
4) No regular parking of commercial vehicles or trailers except for vehicles with a gross weight of no
greater than one tonne will be permitted in a residential zone unless specific provision has been
made for this type of parking with the approval of Council.
5) Parking space for apartment buildings should be provided in the rear yard where possible.
6) Non-residential parking spaces shall be provided not more than 200 m from the use for which the
parking is required.
7) The parking facilities required by this Regulation will, except in the case of single detached, semi-
detached or attached dwellings, be arranged so that it is not necessary for any vehicle to reverse
onto or from a street.
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8) Other requirements for parking areas are as follows:
a. The parking area will be constructed and maintained to the specifications of Council,
b.
Lights for illumination of the parking area will be arranged so as to divert the light away from
adjacent development,
c.
Except on a service station or industrial lot, no gasoline pump or other service station
equipment will be located or maintained in a parking area,
d.
I
e. Where Council deems that strict application of the parking requirements is impractical or
undesirable, Council may as a condition of a permit require the developer to pay a service levy
in lieu of the provision of a parking area, and Council will use the full amount of the levy for
the provision and upkeep of alternative parking facilities within the vicinity of the
development.
9) Where, in the opinion of Council, strict application of the above parking requirements is impractical
or undesirable, Council may, as a condition of a permit, require the developer to pay a service levy in
accordance with these Regulations in lieu of the provision of a parking area, and the full amount of
the levy charged should be used by Council for the provision and upkeep of alternative parking
facilities within the general vicinity of the development.
6.3.4.2
Parking Development Plans
Council may exempt or change all the off-street parking required under Section 7.1 for a designated
area, provided the development within the designated area is controlled by a Planned Unit
Development.
6.3.4.3
Off-Street Parking Requirements
1) The off-street parking requirements for are set out in the following table, and for those uses not
indicated, then the parking and off-loading requirements are at the discretion of Council. In the case
of developments that include more than one use or development, these standards shall be regarded
as cumulative.
2) Adequate off-street provision for the drop-off and pick-up of persons will be provided on the same
lot as the development unless otherwise stipulated by Council.
3) The number of spaces to be provided for off-street parking will be in accordance with the following
table.
USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT
Amusement
One space for every 15 m2 of gross floor area
Animal Grooming
One parking space for every 20 m2 of gross floor area
Apartment Building
Three spaces for every two dwelling units
Automotive Sales
In addition to the parking spaces required for the principal building, one
parking space for every 20 vehicles of capacity for sales display at the
automotive sales lot
Bakery
One parking space per 15 m2 of net floor area
Bank
One parking space per 15 m2 of net floor area
Bank - Drive through
One parking space per 15 m2 of net floor area
Bar (night club)
One parking space for every 5 m2 of seating area
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Development Regulations .2023-.2033
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USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT
Bed and Breakfast
One parking space per guest room in addition to the two spaces for the
dwelling unit
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Car Wash
One parking space per washing bay and one parking space for each 30
m2of office space
Clinic
Three parking spaces per examining room
...
Club and Lodge
One space for every 3 persons that may be accommodated at one time
Commercial Garage
One parking space per 30 m2 of net floor area (parking provision for the
storage of new & used vehicles for sale shall not be counted towards
-
this requirement)
Convenience Store
One space for every 20 m2 of gross floor area
Public Gathering Places
One space for every 60 m2of gross floor areas
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Day Care-non-residential
One space for every 30 m2of gross floor area
Home Care-residential
One parking space per 30 m2 of net floor area
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Semi-Detached (Double)
Two spaces for every dwelling unit
Dwelling
Dry Cleaning
One parking space per 30 m2 of net floor area
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Educational
Schools - 2 spaces for every classroom; Further education - 1 space for
every 5 persons using the facilities (students, faculty and staff)
Funeral Home
One parking space for every 5 m2of gross floor area used by visitors
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Furniture & Appliance
One parking space for every 50 m2of gross floor area
Showroom
General Industry
One parking space for every employee
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General Service
One space for every 25 m2 of gross floor area
Hazardous Industry
One parking space for every employee
Health Club
One parking space for every 20 m2of gross floor area
Hotel
One parking space for every 3 sleeping units plus one parking space for
every 15 m2 of banquet seating area
Light Industry
As specified by Council but not less than one space per 50 m2 of gross
floor area or 5 parking spaces, whichever is greater
Medical and Professional
One space for every 25 m2 of gross floor area
Medical Treatment and
Once space per 22 m2of suite or ward area
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Mobile & Mini Homes
Two spaces for every dwelling unit
Office
One space for every 30 m2 of gross floor area
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Personal Service
One space for every 25 m2 of gross floor area
Public Gathering Place-
One space for every 6 seats; or one space for every 15 m2of gross floor
Indoor
area
Regional Institutional Use
One parking space for every 10 spectators that may be accommodated
at one time
Restaurant
One parking space for every 5 m2of seating area
Restaurant - Drive
One parking space per 5 m2of seating space
Through
Restaurant -Take-out
One space for every 25 m2 of gross floor area
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One space for every 20 m2 of gross floor area
Row Dwelling
Two spaces for every dwelling unit
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MINIMUM OFF-STREET PARKING REQUIREMENT
Service Station
One space for every 20 m2 of gross floor area
Shopping Centre
One space for every 20 m2 of gross floor area
Single Detached Dwelling
Two spaces for every dwelling unit
Sport & Recreation facility
Three parking spaces for every 5 patrons of the facility at maximum
capacity
Subsidiary Apartment
One parking space for every dwelling unit
Veterinary
One space for every 25 m2 of gross floor area
6.3.4.4
Designated Mobility Impaired Parking Spaces
For any development where parking spaces for person with disabilities are required pursuant to the
Buildings Accessibilities Regulations under the Building Accessibility Act, 1990 (Newfoundland and
Labrador), such spaces shall be provided on the basis of one parking space per lot or four percent (4%) of
the total number of required parking spaced provided on the lot, whichever is greater, according to the
regulations, and such parking space or spaces should be designated and marked in accordance with the
Designated Mobility Impaired Parking Regulations under the Highway Traffic Act, 1990 (Newfoundland
and Labrador) and the Buildings Accessibilities Act, 1990.
6.4
Municipal Services and Public Utilities
Within any Use Zone Council may permit land to be used for the provision of public services and public
utilities if the use of that land is necessary to the proper operation of the public service or public utility
concerned, provided that the design and landscaping of any development of any land so used is, in the
opinion of Council, adequate to protect the character and appearance of the area.
6.4.1
Storm Water Management
1) Land shall be used and graded in such a manner that run-off from the land or development does not
negatively impact adjoining properties, and that all surface drainage should be captured on site in
accordance with the requirements of Council.
2) Development of land should be undertaken with the objective of wherever possible achieving zero
net run off with respect to on-site storm water runoff.
3) Where development results in the discharge of storm water into a wetland, waterbody, or
watercourse, such discharge should be designed to minimize any environmentally detrimental
effects on the receiving water or watercourse and should be designed and constructed in
accordance with the requirements and conditions of Council.
4) Consideration should be given to_ green approaches to storm water management.
6.4.2
Effluents:
1) Liquid or Semi-Solid Industrial Drainage: No liquid or semi-solid industrial waste or effluent should
be discharged on the surface or into the ground and no water borne industrial waste or effluent
should be discharged on the surface or into the ground, into the surface drainage ditches or sanitary
sewers unless the chemical and/or biological content is acceptable to Council or authorities having
jurisdiction.
2) Any effluent or runoff leaving the site will be required to conform to the requirements of the
Environmental Control Water and Sewage Regulations, 2003
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6.4.3
On-Site Services (Wells and onsite sanitary sewer systems)
1) Approvals for installation of on-site water and sewer systems must be obtained from Digital
Government and Service NL.
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COMPLIANCE WITH FEDERAL AND PROVINCIAL LEGISLATION
Notwithstanding the comprehensive compliance set out in Section 1.3, the following federal and
provincial interest requirements are highlighted, for compliance by the Town and the applicant:
7.1
CLIMATE CHANGE DIVISION
Take into consideration available data regarding provincial climate change projections for St. John's
(nearest regional site) when considering land for future developments that are in close proximity to a
river, floodplain or coastline. These projections suggest that extreme precipitation events will become
more intense, by about 22-23%. Climate change is expected to result in more precipitation and more
frequent extreme weather events that may result in increased flooding, sea surge and coastal erosion.
These factors must be considered when allocating land for future developments that are in close
proximity to a river, floodplain or coastline;
7.2
DIGITAL GOVERNMENT AND SERVICE NL
Compliance with Digital Government and Service NL requirements permitting requirements, these
include, but are not limited to: on-site services, highway signs; electrical permits; building accessibility;
access to highways; tanning salon and/or Personal services establishment; Food establishment licence;
public markets/farmer's markets; meat plant; pool; wastewater or water system approval; tobacco sales;
water supply testing; cemetery; waste management; fuel storage and handling; asphalt, boiler; pressure
vessel and compressed gas installation. The Development Regulations will provide greater detail on: on-
site services, highway signs; building accessibility; access to highways.
7.3
FISHERIES
1) Take into consideration the Fisheries, Forestry and Agriculture Sustainable Fisheries and Oceans
Policy Division (SFOP) as follows:
a. to protect coastal areas from future developments that have the potential to impact the health
of surrounding marine habitat by conserving coastal areas in order to protect important coastal
habitat and preserve it for future generations. This coastal marine habitat supports numerous
marine species and provides critical nursery areas for many fish species which, in turn, supports
the sustainability of commercial fisheries in our province. Many municipalities in the province
have already incorporated coastal conservation measures into their long-term planning
processes;
b. To consider uses in the buffer area of a watercourses according to those allowed by the Water
Resources Management Division and where applicable, the Government Service Centre and
Crown Land Management Division;
2) Consult with the federal department of Fisheries and Oceans Canada when installing coastal
infrastructure and in relation to the control and prevention of aquatic invasive species. This may
require registration with federal / provincial environmental assessment processes when considering
building coastal and marine infrastructure, though this is project specific;
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7.4
FORESTRY
3) Accommodate the interests of the Forest Service by:
a.
Permitting domestic harvesting areas in the Rural zone.
b.
Ensuring that forestry activities including harvesting, road building and silviculture, are allowed in
the Rural zone and consistent as set out in the 5-Year Forest Management Plan as prepared by
the Forest Service in consultation with the Town of New Perlican.
7 .5
WILDLIFE
Accommodate the interests of the Wildlife Branch by:
a.
Protecting general wildlife habitat and landscape connectivity protection for applications in
the vicinity of waterbodies, by applying the following development standards, as practicable:
i.
a riparian buffer of 30 m minimum undisturbed natural vegetated along wetlands and
waterbodies (ponds, rivers, creeks etc.) or more for riparian areas near agricultural
areas;
ii.
green belts connected to forested areas or other habitat patches to create wildlife travel
corridors;
iii.
indicate a minimum percentage of forests to be maintained during lot clearing;
iv.
Controlling vegetation clearing to be done outside the May 01 to July 31 period, to
minimize disturbance during that sensitive breeding/ young rearing, whenever possible;
7.6
SURVEYS & MAPPING DIVISION
Protect Control Survey markers as identified by the GIS & Mapping Division. Council must ensure
that these are not disturbed by development. Council will inform the Surveys and Mapping Division
when a proposed development is proposed in the vicinity of a Survey Control Monument. There are
10 monuments in the Municipal Planning Area as shown on the Future Land Use and Land Use
Zoning maps;
7.7
LAND RESOURCES STEWARDSHIP DIVISION
1) Allow for agriculture and related uses in the Rural zone;
2) Protect the Blueberry Management Area-Unit #8 by referring development applications to the Land
Resources Stewardship Division;
3) Include development conditions to ensure compatibility with adjacent non-agricultural uses;
7.8
LOCAL GOVERNANCE AND LAND USE PLANNING DIVISION
Heritage:
Protect buildings and sites designated under Section 414 (dd) of the Municipalities Act, 1999
according to the requirements of Section 200 where:
A building, structure or land designated by a council as a heritage building, structure or land shall
not be demolished or built upon nor the exterior of the building or structure altered, except under
a written permit of the council specifically authorizing the alteration and in accordance with the
terms and conditions of the permit.
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A council may establish a heritage advisory committee to advise the council on regulations made
with respect to heritage buildings, structures and lands and the preservation of the real property
designated under that section.
Highway signs on Provincial highways:
According to the Highway Sign Regulations, 1999, a referral to Digital Government and Service NL
are required along the provincial highway (Route 80) with in the 100 metre control line on either
side of the highway. The Town may obtain an exemption from the regulations where the speed limit
is less than 60 km/hour where the Town demonstrates that it has adequate policy guidance and
regulatory controls (including enforcement) to administer its sign regulations.
MINERAL LANDS DIVISION
Definitions:
The definitions provided by the Mineral Lands Division for Mineral Exploration, Mineral Working, and
Mining are set out in Chapter 4;
Geological Hazards:
Reduce the risk of inundation related to sea level rise by restricting development to areas at least 4-
metre above the high tide mark, and at least 30-metre inland from the edge of coastal cliffs, banks,
and waterways;
Require that proposed development on steep slopes greater than 15 percent (>15%) should be
evaluated by a qualified professional to assess the risk for slope movements (e.g., landslide, rockfall),
particularly in areas of thick till or other unconsolidated materials;
Mineral Exploration, Mineral Working, and zoning:
Indicate that Mineral exploration that is not a development is allowed as a permitted use in all zones
and that Mineral exploration that is a development is indicated as a discretionary use; and
development requirements regarding potential mining should be incorporated into the regulations;
Mineral working will be a permitted use in areas zoned 'Rural';
Mineral Working Separation Distances:
Mineral working may be permitted closer than the minimum separation distance or buffer specified
in the Development Regulations, where the municipal authority is satisfied that the mineral working
will not adversely affect the specified adjacent use or natural feature. By allowing the municipality to
waive pre-set separation distances where it is satisfied there will be no adverse effect provides for
greater flexibility in selecting sites where mineral workings may be permit~ed;
Where a minimum required distance was originally observed when choosing the location of a
mineral working, the mineral working shall not be discontinued or impeded where the separation
distance or buffer is reduced to less than the required distance due to encroachment of
development or zoning boundaries towards the mineral working site;
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Quarries
For existing and future quarry sites, set out measures to avoid residential development near the areas
identified with aggregate potential by the Mines Branch and implement the 300 metre quarry referral
buffer to prevent conflict between incompatible uses. The referral buffer allows the Town and the
Mineral Lands Division to work together to ensure that development can co-exist without impeding
access to a valuable natural resource;
Ensure that areas of recognized aggregate resource potential near New Perlican Pond and Beaver
Pond as identified by the Mines Branch are included in the Rural zone on the Land Use Zoning map
as much as practicable considering existing built-up development and existing Town investment in
tourism and trail development;
Removal of Quarry materials, site grading, soil deposit
The following requirements apply regarding removal of quarry materials, site grading and soil deposit:
No development permit for removal or deposit of soil, or the excavation and removal of excavated
material or grading is required if it is part of an approved development project or affects less than
125 m3 of soil, sand, gravel, rock or other substance down to and including bedrock. All other cut
or fill work, excavation and removal and deposit of material or grading requires a development
permit under these Development Regulations.
Removal or deposit of soil, topsoil, sods, or the excavation and removal of excavated material or
grading requiring a development permit, provided the work is based on a grading plan, will result
in an improved site for uses permitted in the Zone where it is located and it must meet the
following· conditions:
i.
land intended for the activity or grading has a slope of less than 25%;
ii.
resulting slopes are stable and without hazards;
iii.
when the work is completed, the area affected shall be covered with topsoil and other
necessary material for vigorous plant growth and planted with appropriate vegetation;
iv.
drainage must be provided to the satisfaction of Council and will be designed so as not to
impair existing surface drainage nor to create erosion either on the site or on adjacent
sites.
For approved developments where the extraction of quarry materials is occurring or may be
expected occur, the Town will send a copy of the development permit to the Quarry Materials
Section, Mineral Lands Division, at [email protected] . Note that quarry materials include but are
not limited to aggregate, fill, rock, stone, gravel, sand, clay, borrow material, topsoil, overburden,
subsoil, peat. It is important that the Mineral Lands Division have the documentation necessary
to distinguish excavation associated with an approved development from excavation that
constitutes quarrying; possessing development permits for developments which may involve
excavation will assist greatly in making this distinction.
7 .10
NATIONAL BUILDING CODE
The National Building Code, and associated codes, such as the Plumbing Code, the Fire Code, the
Electrical Code, the Life Safety Code, and any other ancillary code and other municipal regulations
or bylaws regulating or controlling the development, conservation, and use of land shall, under
these Development Regulations apply to the entire Municipal Planning Area.
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TRANSPORTATION AND INFRASTRUCTURE (Department)
Restrict development within 20 metres from the centre line of the highway, as per the as per
Section 6 of the Works, Services and Transportation Act, 1995.
7.12
WATER RESOURCES MANAGEMENT DIVISION
State the following requirements:
a.
Protect rivers, streams, ponds, wetlands, riparian areas, and shorelines by ensuring conformance
with requirements of the Water Resources Management Division of the Provincial government
under the Water Resources Act, 2002 and the Environmental Protection Act, 2002 including
Policy Directives:
i. W.R.91-1-lnfilling Bodies of Water,
ii. W.R. 95-01-Land and Water Developments (Public water supplies)
iii. W.R. 96-1-Flood Plain Management
iv. W.R. 97-1-Development in Shore Water Zones
v. W.R. 97-2-Development in Wetlands
vi. Guidelines for the Construction and Maintenance of Wharves, Breakwaters,
Slipways and Boathouses;
b. A Section 48 permit under the Water Resources Act, 2002 administered by the Water Resource
Management Division of the Department of Environment and Climate Change, and compliance
with departmental policy is required, for:
i.
Any infilling work within 15 metres of a body of water; and,
ii.
Any work in Shore Water zones ("Shore Water Zone" means the land that is
intermittently occupied by water as a result of the naturally fluctuating surface
water level in a body of water which can be either a fresh or salt water body and, in
either case, the low water mark and high-water mark of the water body defining the
edges of the shore water zone);
c.
Note that for a wharf/boathouse/slipway/breakwater a Section 48 permit is only required for
any infilling or dredging work associated with these structures and otherwise these structures
must follow the guidelines for the 'Construction and Maintenance of Wharves, Breakwaters,
Slipways and Boathouses' as published by the Water Resources Management Division;
d. A Non-Domestic Water Use Permit from the Water Resource Management Division of the
Department of Environment and Climate Change is required before construction and for all
existing, new or planned water use from any water source;
e.
On-site sewerage disposal systems are prohibited within 30 metres from a waterbody or
watercourse;
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7.13
POLLUTION PREVENTION
Ensure that applicants are aware that development must be compliant with Environmental Protection
Act, 2002 and the Water Resources Act, 2002 and regulations as listed below:
Environmental Protection Act, 2002, Part IV - Waste Disposal and Litter:
i.
Waste receptacles shall be installed at all active areas for use by workers.
ii.
All waste material shall be considered, prior to disposal, for reuse, resale or recycling.
iii.
Waste materials not reused, resold or recycled, shall be disposed at an approved waste
disposal site, provided the owner/operator is willing to accept such waste and the local
Service Newfoundland and Labrador (SNL) has agreed with the disposal of the waste
materials at the site;
Environmental Protection Act, 200, 2Part VI - Air Quality Management:
i.
All activities associated with this proposal are subject to Air Pollution Control Regulations,
2004;
ii.
Schedule E of the regulations prohibits the open burning of tires; plastics; treated lumber;
asphalt and asphalt products; drywall; demolition waste; hazardous waste; biomedical
waste; domestic waste; trash, garbage, or other waste from commercial, industrial or
municipal operations; manure; rubber; tar paper; railway ties; paint and paint products;
fuel and lubricant containers; used oil; animal cadavers; hazardous substances; materials
disposed of as part of the removal or decontamination of equipment, buildings or other
structures.
Environmental Protection Act, 2002, Part D - Pesticides:
a.
All pesticide purchase, storage, and use is subject to compliance with the Pesticides
Control
Regulations,
2012,
http://assembly.nl.ca/Leqislation/sr/requlations/rc120026.htm.
b. The regulations stipulate that an applicator must be licensed for the class of pesticide
which is intended to be applied. Also, the-regulations-stipulate-that an operator cannot
purchase pesticides without the appropriate license(s).
c.
If the use of a pesticide(s) is required (e.g. for the control of insects, diseases, weeds,
vegetation), the Pesticides Control Section of the Department must be notified.
d. Environmental Protection Act, 2002, Storage and Handling of Gasoline and Associated
Products Regulations:
i.
Petroleum storage and handling, associated with construction and operation of this
project/facility, shall be in compliance with the Storage and Handling of Gasoline and
Associated Products Regulations, 2003, as amended;
ii.
All petroleum storage tanks shall be registered with Service NL in accordance with the
GAP Regulations and all leaks/spills must be reported to the 24-Hour Environmental
Emergency spill Line;
iii.
Oils, greases, diesel, gasoline, hydraulic and transmission fluids should be stored at least
100 metres from any body of water. Re-fueling and maintenance activities should also
occur at least 100 metres from any body of water and on level terrain.
i.
An environmental emergency contingency plan must be developed for all storage tank
systems. This plan details information regarding the location of spill response equipment
and a trained contractor, in the event of a spill.
Environmental Protection Act, 2002 - Used Oil Control Regulations:
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Waste oils and used lubricating oil shall be retained in a tank or closed container, and disposed
of by a company licensed for handling and disposing of used oil products.
b.
Environmental Protection Act, 2002 - Halocarbon Regulations:
c.
Any use of regulated substances, for example in fire suppression systems, associated with the
proposed activity is subject to the Halocarbon Regulations;
d. Water Resources Act, 2002 - Environmental Control Water and Sewage Regulations:
i.
All waters discharged from the proposed site, during construction and operation, are
subject to compliance with the Environmental Control Water and Sewage
Regulations, 2003;
ii.
Should compliance monitoring be necessary, it will be subject to the departmental
Accredited Laboratory Policy, PD:PP2001-01.2
PROVINCIAL ARCHAEOLOGY OFFICE
1) The Historic Resources Act, 1990 requires that, if an archaeological site or artefact is discovered during
development of a property, the development shall stop and Council will consult with the Provincial
Archaeology Office. Development shall not proceed until the Provincial Archaeology Office has
evaluated the site or authorized the development to proceed.
2) Before approval is granted for a major development such as a subdivision or a new commercial or
public building, the application must be referred to the Provincial Archaeology Office for comments.
3) Any accidental discoveries of historic resources shall also be reported by the Town to the Provincial
Archaeology Office.
7.15
NATIONAL CODES AND REGULATIONS
The National Building Code, and associated codes, such as the Plumbing Code, the Fire Code, the
Electrical Code, the Life Safety Code, and any other ancillary code and other municipal regulations or
bylaws regulating or controlling the development, conservation, and use of land shall, under these
Development Regulations apply to the entire Municipal Planning Area. Compliance with these codes is
the responsibility of the property owner.
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SIGNS {ADVERTISEMENTS)
8.1
PERMIT REQUIREMENTS
8.1.1
Permit Required
No sign or advertisement shall be erected or displayed in the Planning Area unless a permit for the
advertisement is first obtained from the Authority, except for those signs that are exempt from control
as listed in the following provision.
Application for a permit to erect or display an advertisement shall be made to the authority in
accordance with the requirements for a development permit as set out in the Administration Section.
Approval may be subject to conditions as determined by Council.
8.1.2
Permit for a limited period
A permit granted under these Regulations for the erection or display of an advertisement shall be for a
limited period, not exceeding two years, but may be renewed at the discretion of the Authority for
similar periods.
8.1.3
Exemptions
The following signs may be erected or displayed in the Municipal Planning Area without permit:
a.
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m2 in
area;
b. on an agricultural holding or farm, a notice board not exceeding 1 m2 in area and relating to
the operations being conducted on the land;
c.
on land used for forestry purposes, signs or notices not exceeding 1 m2 in area and relating to
forestry operations or the location of logging operations conducted on the land;
d. on land used for mining or quarrying operations, a notice board not exceeding 1 m2 in area
relating to the operation conducted on the land;
e.
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 m2 in
area in connection with the practice of a professional person carried on in the premises;
f.
on any site occupied by a church, school, library, art gallery, museum, institution or cemetery,
one notice board not exceeding 1 m2 in area;
g.
on the principal facade of any commercial, industrial or public building, the name of the
building or the name of the occupants of the building, in letters not exceeding one-tenth of
the height of that facade or 3 m, whichever is the lesser;
h. on any parking lot, directional signs and one sign not exceeding 1 m2 in size, identifying the
parking lot.
8.2
PROVINCIAL HIGHWAY SIGN REGULATIONS, 1996 (Urban and Rural Planning Act, 2000)
A permit for erection or display of advertisement on Provincial Highways shall be obtained from the
Government Service Centre. This requirement applies within a control line establishedl00 metres on
each side of every highway.
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8.3
REMOVAL OF SIGNS/ ADVERTISEMENTS
Notwithstanding the provisions of these Regulations, the Authority may require the removal of any
advertisement which, in its opinion, is:
a.
hazardous to road traffic by reason of its siting, colour, illumination, or structural condition,
or;
b.
detrimental to the amenities of the surrounding area.
8.4
SIGN STANDARDS
8.4.1
Advertisements Relating to Onsite Uses
The conditions for the erection or display of a sign on any lot or site occupied by a permitted use or a
legal non-conforming use shall be as follows:
a.
The size, shape, illumination and material construction of the advertisement shall meet the
requirements of Council, having regard to the safety and convenience of users of adjacent streets
and sidewalks, and the general amenities of the surrounding area.
b.
No advertisement shall exceed 1.5 m2 in area.
c.
Free standing portable illuminated signs ("yellow'' or "Light Up Portable Signs") will not be allowed
in the residential area.
8.4.2
Advertisements Relating to Offsite Uses on Local Roads
The conditions for the erection or display of a sign on any site, relating to a use permitted in this or
another zone, or not relating to a specific land use, shall be as follows:
a.
No advertisement shall exceed 1.5 m2 in area.
b. When the advertisements relate to a specific land use, they shall be located within a reasonable
distance of, and only show thereon the name and nature of the distance or direction to, the
premises to which they relate.
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SUBDIVISION OF LAND
9.1
SUBDIVISION STANDARDS
9.1.1
Subdivision Standards apply
The provisions in this chapter of the Development Regulations apply each of the following:
1) The subdivision of land under single ownership into five or more lots, including the residual lot;
2) Construction, upgrading, or extension of a public street;
9.1.2
Subdivisions standards do not apply
The requirements of this Chapter shall not apply to the following:
1) Where the parcel being created is to be used solely for the unattended equipment necessary for:
a.
the operation of community water, storm or sanitary sewer systems;
b.
public utilities, including electrical substations or generating stations;
c.
air or marine navigational aids;
d. any other similar public service or utility (including wind turbine 'farms');
2) Public institutional uses, including cemeteries;
3) Resource uses set out in the Resource zone;
4) Conservation, open space, park uses;
5) Minor subdivisions of four (4) or fewer lots which do not require new public or private road
construction or the installation of utility infrastructure or water and sewer services (other than
private connections; these must comply with the development standards of the Use Zone.
9.1.3
Backlot Development
In the residential zone, where the configuration of existing parcels of land does not support traditional
residential subdivision of land (where each lot has a minimum frontage to a street), the Council may
consider a proposal to subdivide land and develop new parcels through the 'Backlot development',
where a driveway from the street forms part of the lot and provides access to the larger developable
portion of the parcel, provided that:
1. The backlot driveway access area of the lot shall not be calculated as part of the minimum parcel
size area required by the Development Regulations for that zone, and the backlot driveway shall be
constructed to meet standards to provide for a durable road surface for emergency access vehicles,
and include provision for road drainage.
2. The backlot access width shall be a minimum of an unobstructed 6 m for a single back lot.
3.
For two adjacent Back lots, the minimum width of each Backlot access may be 4 m for each access,
subject to compliance at the time of subdivision;
4. If there is potential for future development beyond the two Back lots, then a 12 m easement is
required to accommodate this larger residential subdivision (including accommodation of surface
runoff from the additional development);
5.
Registration at the Registry of Deeds of a cross easement access agreement on the title of both Back
lots for shared use and maintenance of the Backlot driveway access;
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6. The maximum length of a Backlot access shall be 200.0m;
7.
Back lot development shall not be permitted in Commercial and Industrial Zones;
9.1.4
Permit Required
1) No land in the Municipal Planning Area shall be subdivided unless a permit for the development of the
subdivision is first obtained from Council.
2) No provision in a will that purports to subdivide land is of any effect to subdivide that land contrary to
these Regulations.
9.1.5
Public Notice
Council shall, at the applicant's expense, publish a notice in a newspaper circulating in the area of the
application and consider any representations or submissions received in response to that advertisement.
9.1.6
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the
Zoning Maps.
9.1.7
Subdivision Permit Subject to Considerations
1) A permit shall not be issued when, in the opinion of Council, the development of a subdivision does
not contribute to the orderly growth of the Town or does not demonstrate sound design principles.
2) In considering an application, Council shall, without limiting the generality of the foregoing, shall
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 Regulations affecting the site;
d. the land use, physical form, and character of adjacent developments;
e. the transportation network and traffic densities affecting the site;
f.
the relationship of the project to existing or potential sources of nuisance;
g.
soil and subsoil characteristics;
h. the topography of the site and its drainage;
i.
natural features such as lakes, streams, topsoil, trees and shrubs and potential
environmental effects with respect to watercourses, wetlands, steep slopes, drainage
patterns, storm water generation and control, and loss or fragmentation of habitat,
j.
prevailing winds;
k.
visual quality;
I.
community facilities;
m. municipal costs related to the provision and maintenance of roads, other infrastructure, and
municipal services;
n. energy conservation; and,
o. such other matters as may affect the proposed development.
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9.1.8
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until Council is satisfied that:
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the lot can be serviced with satisfactory water supply and sewage disposal systems,
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satisfactory access to a street is provided for the lots, and
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the lot meets the minimum development standards for the Use Zone in which the lot is located.
9.1.9
Building Permits Required
Notwithstanding the approval of a subdivision and a permit to subdivide land by Council, a separate
building permit shall be obtained for each building proposed to be erected in the area of the subdivision,
and no building permit for any building in the area shall be issued until the developer has complied with
all the provisions of these Regulations with respect to the development of the subdivision.
9.2
SUBDIVISION PERMIT REQUIREMENTS
9.2.1
Subdivision Development Agreement
Where Council has determined that a subdivision development agreement is a condition of a permit for
the subdivision development, the subdivision development agreement shall meet the conditions of
Development Agreements as set out in the Administration chapter.
9.2.2
Municipal Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions satisfactory to Council
have been made in the application for a supply of drinking water, a properly designed sewage disposal
system, and a properly designed storm drainage system so as not to affect adjoining and nearby
properties.
9.2.3
Private Well water source: Groundwater Supply Assessment and Reporting
1) A groundwater assessment report shall be required to be completed and submitted by the subdivision
applicant to the Water Resources Management Division (and copied to the Town) as part of the
subdivision approval process where a minimum sized subdivision is to be serviced by individual wells.
The Groundwater Assessment Report must be prepared in accordance with the Groundwater Supply
Assessment and Reporting Guidelines for Subdivisions Serviced by Individual Private Wells.
Requirements to complete a Groundwater Assessment Report shall be based upon the following
criterion:
2)
A groundwater assessment study will not be required for subdivisions less than five (5) lots, each
having a minimum 2,203m2 (1/2 acre) size, unless the area has documented drinking water quality
and/or quantity problems.
3)
A proposed subdivision from five (5) to fifteen (15) lots will require a Level I assessment, as defined
in the Groundwater Supply Assessment and Reporting Guidelines.
4) A proposed subdivision greater than fifteen (15) lots will require a Level II assessment, as defined in
the Groundwater Supply Assessment and Reporting Guidelines.
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Number
Groundwater Assessment Requirement
of Lots
Levell
Level2
Number of Test Wells
1-4
No-but may be required if
No
0
site has history of ground
water quality and quantity
issues
5-15
Yes
may be required if site has
may be required if site has
history of ground water
history of ground water
quality and quantity issues
quality and quantity issues
16-30
Yes
Yes
1
31-45
Yes
Yes
2
46-60
Yes
Yes
3
61-75
Yes
Yes
4
75-90
Yes
Yes
5
91-105
Yes
Yes
6
9.2.4
Fees, Service Levies and Land for Open Space
9.2.4.1
Subdivision Fees
The applicant shall pay a subdivision application fee as determined by Council at the time of submitting a
Development Application to subdivide. The subdivision application fee should be calculated on a per-lot
basis for every lot created by the subdivision of land. This fee should be calculated in addition to any
other fee or charge required under the regulation addressing Development Charges.
9.2.4.2
Service Levies and Local Improvement Assessments (as appropriate)
1) The applicant shall be required to pay all service levies and local improvement assessments
identified by Council for connection to services, utilities, streets, and for the construction or
improving of capital works funded by Council or under Council's direction which benefit and
accommodate the development or subdivision. The service levies or local improvements
assessments will be paid in such amount and in such form as determined by Council as a condition of
permit or as a condition of a Development Agreement to subdivide land and such payment will be
agreed upon prior to construction occurring on the land.
2) This section shall not affect any outstanding levies and/or assessments that were determined prior
to the enactment of these Regulations.
3} The applicant shall pay the cost of all capital works necessary to serve the proposed development or
subdivision.
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9.2.4.3
Deposit of Securities
As a condition of a permit to develop a subdivision and as part of a Development Agreement to
subdivide, the Town should require an applicant to deposit with the Town a security to cover the cost of
all the subdivision improvements and completion thereof. These securities should be payable after
approval by Council and before issuance of a construction permit under these Regulations .
9.2.4.4
Land for Public Open Space
1) Before a development commences, the developer shall, if required, dedicate to Council, at no cost to
the Town, an area of land equivalent of not more than ten percent (10%) of the gross area of the
residential subdivision for public recreational open spaces, subject to the following requirements:
a.
where land is subdivided for any purpose other than residential use, Council shall determine
the percentage of land to be dedicated;
b. if, in the opinion of Council, no public open space is required, the land may be used for such
other public use as Council may determine;
c.
the location and suitability of any land dedicated under the provisions of this Regulation
shall be subject to the approval of Council but in any case, Council shall not accept land
which, in its opinion, is incapable of development for any purpose;
d. Council may accept from the developer, in lieu of such area or areas of land, the payment of
a sum of money equal to the value of the land which would otherwise be required to be
dedicated; and,
e. this money received by the Authority {above), shall be reserved by the Town for the purpose
of the acquisition or development of land for public open space or other public purpose .
2) Land dedicated for public use in accordance with this Regulation shall be conveyed to the Town and
may be sold or leased by Council for the purposes of any development that conforms with the
requirements of these Regulations, and the proceeds of any sale or other disposition of land shall be
applied against the cost of acquisition or development of any other land for the purposes of public
open space or other public purposes.
3) Council may require a strip of land to be reserved and remain undeveloped along the banks of any
river, brook or pond, and this land may, at the discretion of Council, constitute the requirement of
land for public use.
9.3
SUBDIVISION DESIGN STANDARDS
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the following standards.
1) The finished grade of streets shall not exceed ten percent (10%).
2) The plan should indicate which streets are classified as arterial, collector or service (local) roads.
3) Every cul-de-sac should be provided with a turning circle of a diameter of not less than 30 m.
4) The maximum length of any cul-de-sac (or dead-end street) shall be:
a.
200 m in areas served by, or planned to be served by, municipal piped water and sewer
services;
b.
300 m in areas not served by, or planned to be served by, municipal piped water and sewer
services;
5) all cul de sac water mains will be connected to a water main on an adjoining street or will be looped
back to ensure continuous water flow and prevent stagnant water at the end of dead-end pipes.
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6) Emergency vehicle access to a cul-de-sac shall be not less than 3 m wide and shall connect the head
of the cul-de-sac with an adjacent street.
7) No cul-de-sac shall be located so as to appear to terminate a collector street.
8) New subdivisions shall have street connections with an existing street or streets.
9) All street intersections shall be constructed within 5° of a right angle and this alignment shall be
maintained for 30 m from the intersection.
10) No street intersection should be closer than 40 metres to any other street intersection.
11) No more than four streets shall join at any street intersection.
12) No residential street block shall be longer than 490 metres between street intersections.
13) No lot intended for residential purposes shall have a depth exceeding four times the frontage.
14) Residential lots shall not be permitted which have a street at both front and rear lot lines.
15) Streets in residential subdivisions shall be designed in accordance with the approved standards of
Council, but in the absence of such standards, shall conform to the following minimum standards:
Type of Street
Street
Carriageway or
Sidewalk
Sidewalk
Reservation
Pavement
Width
Number
Width
Arterial Streets
30m
15m
1.5m
Council Discretion
Collector Streets
20m
15m
1.5m
2
Local Residential Streets
where more than 50% of the
15m
9m
1.5m
1
units are single detached or
semi-detached (double)
dwellings
where 50% or more of the
18-20 m
9m
1.5
Council
units are row houses or
Discretion
apartments
Service Streets
18m
9m
1.5
Council
Discretion
16) Council may require any existing natural, historical or architectural feature or part thereof to be
retained when a subdivision is developed.
17) Land shall not be subdivided in such a manner as to prejudice the development of adjoining land.
18) Front Yard/Building Lines: Council may establish front yard/building lines for any subdivision street
and require any new building to be located on such building lines.
9.4
SUBDIVISION ENGINEERING STANDARDS
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the requirements established by Council and the "Municipal
Engineering Subdivision Standards" as approved by Council.
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Engineer to Design Works and Certify Construction Layout
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers, and all
appurtenances thereto and all streets, paving, curbs, gutters and catch basins, and all other utilities
deemed necessary by Council to service the area proposed to be developed or subdivided shall be
designed and prepared by or approved by the Town's Engineer. Such designs and specifications shall,
upon approval by Council, be incorporated in the plan of subdivision.
Upon approval by Council of the proposed subdivision, the Manager of Engineering Services shall certify
all work of construction layout preliminary to the construction of the works and thereupon the
developer shall proceed to the construction and installation, at the developer's own cost and in
accordance with the approved designs and specifications and the construction layout certified by the
Town's Engineer, of all such water mains, hydrants, sanitary sewers, and all appurtenances and of all
such streets and other works deemed necessary by Council to service the said area.
9.4.2
Developer to Pay Engineer's Fees and Charges
The developer shall pay to Council all the Engineer's fees and charges for the preparation of designs and
specifications and for the layout and supervision of construction; such fees and charges being
percentages of the total cost of materials and labour for the construction and installation of all works
calculated in accordance with the Schedule of Fees recommended by the Association of Professional
Engineers & Geoscientists of Newfoundland & Labrador and in effect at the time the work is carried out.
9.4.3
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks, and paving specified
by Council as being necessary, may, at Council's discretion, be deferred until a later stage of the work on
the development of the subdivision but the developer shall deposit with Council, before approval of the
application, an amount estimated by the Town's Engineer to be reasonably sufficient to cover the cost of
construction and installation of the works. In the later stage of the development, Council shall call for
tenders for the construction and installation of the works, and the amount so deposited by the
developer shall be applied towards payment of the contract cost. If the contract cost exceeds the
deposit, the developer shall pay to the Town the amount of the excess. If the contract price is less than
the deposit, the Town shall refund the amount by which the deposit exceeds the contract price. Any
amount so deposited with the Town by the developer shall be placed in a separate savings account in a
bank and all interest earned thereon shall be credited to the developer.
9.4.4
Construction of Utilities
Within any street reservation, the placing of any utility structure or service such as a hydro pole,
telephone pole, underground hydro service boxes, internet or cable services, Canada Post group mail
boxes, fire hydrant, fire alarm or sign post, shall receive the prior approval of the Authority with regard
to the proposed location of utilities, safe construction, required easements and the relationship to other
structures within the street reservation and to adjoining buildings.
9.4.S
Structures in Street Reservation
No structures shall be placed within any street reservation of any structure (e.g., a utility pole, bus
shelter, fire hydrant, mail box, fire alarm, school bus shelter, sign post) without prior approval of Council
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which shall take into consideration safety considerations, such as, sight lines, obstructions, safe
construction, and the relationship of the structure to the adjoining buildings and other structures within
the street reservation, and relationship to the movement of vehicles and pedestrians.
9.4.6
Transfer of Streets and Utilities to Council (if appropriate)
The developer shall, following the approval of the subdivision of land and upon request of Council,
transfer to the Town, at no cost to the Town, and clear of all liens and encumbrances:
a.
all lands in the area proposed to be developed or subdivided which are approved and designated by
Council for public uses as streets, or other rights-of-way, or for other public use; and
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 Council.
Before Council shall accept the transfer of lands, services, or public works of any subdivision, the
Manager of Engineering Services shall, at the cost to the developer, test the streets, services and public
works installed in the subdivision and certify satisfaction with their installation.
Council shall not provide maintenance for any street, service, or public work in any subdivision until such
time as such street, service, or public work has been transferred to and accepted by Council.
9.4.7
Mini/mobile home park subdivision
1) The minimum size of parcel for a Mini/mobile home subdivision/park is 2 hectares.
2) Where municipal services are not provided, the maintenance of the services is the shared
responsibility of the members of the park.
3) A development application for a mini/mobile home subdivision/park shall provide the same
information as a set out this Part for major subdivisions.
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APPENDIX 1: INTERPRETATION OF TECHNICAL PLANNING TERMS
Introduction
This section contains definitions of the technical terms used in the Municipal Plan and Development
Regulations in order to ensure that they are correctly interpreted.
Terms and words in this regulation which are defined in the Urban and Rural Planning Act, 2000 and
Development Regulations, 2000, have the meaning expressed in that Act and cannot be amended by the
Council; these are identified by a logo, as noted below:
~ew~f dland
Labrador
= Definitions from the Urban and Rural Planning Act, 2000 (the Act);
these cannot be amended by Council; and,
= Definitions from the Minister's Development Regulations under the
Urban and Rural Planning Act, 2000; these cannot be amended by Council.
Words and phrases used in these Regulations shall otherwise have the meanings as set out in the
following definitions; these can be amended by the Council; these can be identified by the absence of a
logo. Any other terms and words have the meaning as generally understood in the English
languageAdditional definitions have been provided for interpretive guidance and.
TERMS:
ACCESS
~ means a way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street;
ACT :::z unless the context indicate otherwise, means the Urban and Rural Planning Act, 2000;
ACCESSORY BUILDING ~ includes
(i) a detached subordinate building not used as a dwelling, located on the same lot as the
main building to which it is an accessory and which has a use that is customarily incidental or
complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and
television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
Town of New Perlican
Development Regulations 2023-2033
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;
ADJACENT LAND means land that is contiguous to, physically touching or shares a boundary with, the
parcel of land that is the subject of an application and includes land that would be contiguous if not for a
highway, road, river or stream .
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ADJUDICATOR -~, means an adjudicator appointed under section 40 of URPA;
APPEAL BOARD w:t::,
means the appropriate Appeal Board established under the Act.
APPEAL OFFICER means an employee of the department designated under subsection 40(5) of URPA;
APPLICANT means a person who has applied to an authority for an approval or permit to carry out a
development;
AUTHORITY
_,_, means a council, authorized administrator or regional authority;
AUTHORIZED ADMINISTRATOR ~t means an authorized administrator appointed under subsection
31(4);
BOARD
_,_, except in Part IX, means an appeal board established under section 40;
..
BUILDING -!;..,
means
(i) a structure, erection, alteration or improvement placed on, over or under land or attached, anchored
or moored to land,
(ii) mobile structures, vehicles and marine vessels industrial and other similar uses,
(iii) a part of and fixtures on buildings referred to in subparagraphs (i) and (ii), and
(iv) an excavation of land whether or not that excavation is associated with the intended or actual
construction of a building or thing referred to in subparagraphs (i) to (iii);
BUILDING HEIGHT -:::z means the vertical distance, measured in metres from the established grade to
the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(ii) mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in any case, a
building height shall not include mechanical structure, smokestacks, steeples and purely ornamental
structures above a roof;
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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;
BUILDING CONTROL LINE means a conceptual line paralleling the centre line of a Protected Road at a
distance perpendicular to the road in order to delineate the area for the application of these regulations;
a Protected Road is a road designated under the Protected Road Zoning Regulations, 1996 under the
Urban and Rural Planning Act, 2000;
,t
BOARD "'-"i!r:;;:1'' except in Part IX, means an appeal board established under section 40;
COMMUNITY INFILLING LIMIT means the geographic boundaries within which development may take
place in an area outside of the control of an authority as designated under the policy of the Lands
Branch;
COUNCIL ~
:· means a council as defined in the City of Corner Brook Act, City of Mount Pearl
Act, Municipalities Act, 1999 and the city council as defined in the City of St. John's Act;
COURT ~
"court" unless the context indicates otherwise, means the Supreme Court of
Newfoundland and Labrador;
DECK means a raised structure that has a walking surface within one storey of the established grade at
the ground level of that face of the building, which may or may not be attached to a main building,
which does not have a permanent roof.
DEPARTMENT ~
means the department presided over by the minister; (see definition of minister)
4
DEVELOPMENT ~
means the carrying out of building, engineering, mining or other operations in,
on, over or under land, or the making of a material change in the use, or the intensity of use of land,
buildings or premises and the:
Town of New Perlican
Development Regulations 2023-2033
III
(i) making of an access onto a highway, road or way,
(ii) erection of an advertisement or sign,
(iii) construction of a building,
(iv) parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an office, or
for living accommodation,
and excludes the
(v) carrying out of works for the maintenance, improvement or other alteration of a building, being
works which affect only the interior of the building or which do not materially affect the external
appearance or use of the building,
(vi) carrying out by a highway authority of works required for the maintenance or improvement of a
road, being works carried out on land within the boundaries of the road reservation,
(vii) carrying out by a local authority or statutory undertakers of works for the purpose of inspecting,
repairing or renewing sewers, mains, pipes, cables or other apparatus, including the breaking open of
street or other land for that purpose, and
(viii) use of a building or land within the courtyard of a dwelling house for a purpose incidental to the
enjoyment of the dwelling house as a dwelling;
DEVELOPMENT REGULATIONS means
~ these regulations and regulations and by-laws respecting
development that have been enacted by the relevant authority; and, ~~ regulations made under
sections 34 to 38;
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;
DWELLING UNIT: means a self-contained unit consisting of one or more habitable rooms used or
designed as an independent and separate housekeeping establishment or living quarters for one
household, including kitchen and sitting, sleeping and sanitary facilities, which is used permanently or
semi-permanently; and does not include a coach or rail car, mobile home, or any vehicle.
ESTABLISHED GRADE
:::::; 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;
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FLOOR AREA
...__, means the total area of all floors in a building measured to the outside face of exterior
walls;
FRONTAGE
~ means the horizontal distance between side lot lines measured at the building line;
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LAND ~~ includes land covered by water and buildings and structures on, over, under the soil and
fixtures that form part of those buildings and structures;
LOT
...__, means a plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building;
LOT AREA -:; means the total horizontal area within the lines of the lot;
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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Total Lot Area
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~ra~A~
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(1,700 sq. ft.I 5,000 sq. ft.) x I 00>n
- 34':-
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MINERAL EXPLORATION means the search for and sampling of minerals or quarry materials where the
activity or activities involved meet the definition of "development" under the Urban and Rural Planning
Act. "Mineral" and "quarry material" for the purpose of interpreting the definition of mineral exploration
(development) are as defined in the provincial Mineral Act and Quarry Materials Act, 1998, respectively.
Mineral exploration does not include mining or mineral working (e.g., quarrying). Activities which meet
the definition of mineral exploration (development) are to be contrasted with mineral exploration
activities that do not meet the definition of development, examples of which typically include traditional
prospecting, geochemical sampling surveys (of rock, soil, sediment, water, or vegetation), ground-based
and airborne geophysical surveys, and the cutting of survey lines.
For the purposes of municipal planning, exploration for quarry materials (e.g., sand, gravel) should be
considered a form of mineral exploration and included in the definition of mineral exploration.
MINERAL WORKING means an operation consisting of one or more of the following activities: the
digging fort excavation, and removal of quarry materials (i.e., quarrying) (may involve blasting), the
removal of quarry materials previously excavated, the removal of quarry materials previously deposited
on site, the stockpiling of quarry materials, the processing of quarry materials (e.g., crushing, screening,
washing), the production of civil construction materials which use quarry materials in their natural form
(e.g., asphalt, concrete), the re-processing of quarry materials including from reclaimed civil construction
materials (e.g., reclaimed asphalt, concrete), the production of soil by blending organic materials with
quarry materials, or the treatment or remediation of soil. "Quarry material" for the purpose of
interpreting the definition of mineral working is as defined in the provincial Quarry Materials Act, 1998.
Mineral working does not include mining but may include mineral exploration (development) as a
secondary activity. Mineral working does not include the excavation and removal of quarry materials as
a by-product of an approved development.
MINING means an operation involving the extraction of a mineral for sale and for which a mining lease is
required under the provincial Mineral Act administered by the Department of Natural Resources.
"Mineral" for the purpose of interpreting the definition of mining is as defined under the Mineral Act.
Mining may include, as secondary activities, mineral exploration (development) and mineral working.
Note that under the Mineral Act dimension stone (i.e., stone used for building facades, gravestones,
etc.) is considered a mineral in Newfoundland but a quarry material in Labrador.
MINISTER
:.:,~ means the minister appointed under the Executive Council Act to administer this Act;
.;
MUNICIPALITY --1:~ includes a city incorporated under the City of Corner Brook Act, City of Mount
Pearl Act and the City of St. John's Act and a municipality as defined in the Municipalities Act, 1999;
NON-CONFORMING USE "~
means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone;
NUISANCE means anything that is obnoxious, offensive or interferes with the use or enjoyment of
property, endangers personal health or safety, or is offensive to the senses. This could include that
which creates or is liable to create a nuisance through emission of noise, smoke, dust, odour, heat, light,
fumes, fire or explosive hazard; results in the unsightly or unsafe storage of goods, salvage, junk, waste
or other materials; poses a hazard to health and safety; or adversely affects the amenities of the
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neighbourhood or interferes with the rights of neighbours to the normal use and enjoyment of any land
or building;
OWNER
'--'-' means a person or an organization of persons owning or having the legal right to use the
land under consideration;
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;
PLAN, ~~- unless the context indicates otherwise, means a regional plan and a municipal plan
established under section 8 or 10;
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PLANNING AREA "-l;;,
, unless the context indicates otherwise, means a regional planning area and a
municipal planning area established under sections 6 and 11;
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;
RECREATION VEHICLE OR RECREATIONAL TRAILER means a vehicle or portable structure designed to
provide temporary living accommodation which is either self-propelled or mounted on, or pulled by
another vehicle, and includes a travel/holiday trailer, camper trailer, truck camper, motorhome, fifth
wheel trailer, tent trailer, travel trailer, camper van or recreational trailer or other similar vehicle, but
not a mobile home or mini-home. A converted bus is not a recreation vehicle;
REGION ~1
means a region as defined in the Municipalities Act, 1999;
REGIONAL AUTHORITY -J.l. means a regional authority established under section 7 of the Act;
scheme means a scheme established under section 29 of the Act;
SCHEME ~1: means a scheme established under section 29;
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;
STREET __, means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles;
STREET LINE
___, means the edge of a street reservation as defined by the authority having jurisdiction;
.;
SUBDIVISION ~
means the dividing of land, whether in single or joint ownership into 2 or more
pieces for the purpose of development;
TOWN ~~ means a town as defined in the Municipalities Act, 1999;
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USE
"-.J means a building or activity situated on a lot or a development permitted on a lot;
USE ZONE OR ZONE -:::::; means an area of land including buildings and water designated on the zoning
map to which the uses, standards and conditions of a particular use zone table apply;
VARIANCE
:::::; means a departure, to a maximum of 10% from the yard, area, lot coverage, setback,
size, height, frontage or any other numeric requirement of the applicable Use Zone Table of the
authority's regulations;
YARDS - (sometimes called lot lines) refer to the diagram below for an illustration of the following
definitions:
FRONT YARD DEPTH otherwise called the building line or front yard setback, means setback from the
street that the building is fronting on, shown as the front yard setback in the drawing below; note that
the development controls indicate side yard and rear yard setbacks from the boundaries of the property;
REAR YARD DEPTH ~ means the distance between the rear lot line and the rear wall of the main
building on a lot; (Note that in the diagram, the rear yard setback should include the deck and extend to
the back wall of the primary dwelling)
SIDE YARD DEPTH
"-.J means the distance between the side lot line and the nearest side wall of a
building on the lot; (this is shown as the side yard setback in the diagram)
Driveway
Front Yard
Setback
Side yard setback
1.-··-··-· ·-··
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I Lot Lines I
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Side yard
setback
Rear Yard
Setback
Foundation
Line
ZONING MAP
~ means the map or maps attached to and forming a part of the authority's
regulations.
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APPENDIX 2 - NON-CONFORMING USES AND NON-CONFORMING DEVELOPMENT
Non-Conforming Uses or Non-Conforming Development
(Refer to Section 108(2) of the Urban and Rural Planning Act 2000 and Sections 14, 15, 16, and 17 of the
Ministerial Development Regulations found in the appendices) Ministerial Development Regulations.
The following excerpts set out the requirements for non-conforming uses.
Section 108(2) of the Urban and Rural Planning Act 2000:
'"'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;" ...
"108. (1) Notwithstanding a plan, scheme or regulations made under this Act, the minister, a council or regional
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 plan, scheme or regulations made with
respect to that kind of development or use.
(2) Notwithstanding subsection (I), a right to resume a discontinued non-conforming use of land shall not
exceed 6 months after that discontinuance unless otherwise provided by regulation under this Act.
(3) A building, structure or development that does not conform to a scheme, plan or regulations made under
this 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
minister or appropriate council, regional authority or authorized administrator;
(b) shall not be structurally modified except as required for the safety of the building, structure or
development;
( c) shall not be reconstructed or repaired for use in the same non-conforming manner where 50% or more of
the value of that building, structure or development has been destroyed;
( d) may have the existing use for that building, structure or development varied by the appropriate council,
regional authority or authorized administrator to a use that is, in their opinion more compatible with a
plan and regulations applicable to it;
( e) may have the existing building extended by the appropriate council, regional authority or authorized
administrator where, in its opinion that extension is not more than 50% of the existing building;
(t) where the non-conformance is with respect to the standards included in development regulations, shall
not be expanded if the expansion would increase the non-conformity; and
(g) where the building or structure is primarily zoned and used for residential purposes, may, in accordance
with the appropriate plan and regulations, be repaired or rebuilt where 50% or more of the value of that
building or structure is destroyed."
Excerpt - Sections 14, 15, and 16 of the Ministerial Development Regulations 3/01:
"Residential non conformity
Town of New Perlican
Development Regulations .2023-.2033
14. A residential building or structure referred to in paragraph l 08(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 applicants expense, shall publish a notice in a newspaper circulating in the area or by other means
give public notice of an application to vary the existing use of a non-conforming building, structure or development
and shall consider any representations or submissions received in response to that advertisement.
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 l 08(2) of the Act with respect to the time by which a discontinued non-conforming use may
resume operation."
[End of quote]
If a non-conforming development or land use is discontinued after these Regulations came into legal
effect, a right to resume a discontinued non-conforming use of land shall not exceed two years after the
discontinuance occurred .. For the purpose of this Regulation, discontinuance of a non-conforming use
begins when any one of the following conditions is met:
i.
The building or use of land is clearly vacated or the building is
demolished,
ii.
The owner or tenant has ceased paying business taxes for that use,
and
iii.
The owner or tenant has stated in writing that the use has ceased.
Regarding a notice of an application to change a non-conforming use: this shall be by advertisement in a
newspaper circulating in the area, or by other reliable means as deemed appropriate by Council, and a
minimum of seven {7) days shall be provided for persons to respond. (Minister's Development
Regulations, 3/01;
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APPENDIX 3: MINISTER'S DEVELOPMENT REGULATIONS
UNDER THE URBAN AND RURAL PLANNING ACT, 2000
Town of New Perlican
Development Regulations 20.23-.2033
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This is an official version.
Copyright © 2006: Queens Printer,
St. John's, Newfoundland and Labrador, Canada
Important Information
(Includes details about the availability of printed and electronic versions of t he Statutes.)
Table of Regulations
Main Site
How current is this regulation?
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under t he
Urban and Rural Planning Act, 2000
{Filed January 2, 2001)
Under the authority of section 36 of t he Urban and Rural Planning Act, 2000, I make
the following regulations.
Dated at St. Johns, January 2, 2001.
1. Short title
2. Definitions
Town of New Perlican
Development Regulations 2 0 23-2033
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
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Application
4. Interpretation
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6. Appeal reguirements
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8. Development prohibited
9. Hearing notice and meetings
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11. Board decision
12. Variances
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14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
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17. Discontinuance of non-conforming use
18. Delegation of powers
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1. These regulations may be cited as t he Development Regulations.
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Definitions
2. In these regulations,
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(a) "Act", unless the context indicate otherwise, means the Urban and Rural
Planning Act, 2000;
(b) "applicant" means a person who has applied to an authority for an approval or
permit to carry out a development;
(c) "authority" means a council, authorized administrator or regional authority;
and
(d) "development regulations" means these regulations and regulations and by-
laws respecting development that have been enacted by the relevant authority.
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 antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
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(c) "accessory use" means a use that is subsidiary to a permitted or discretionary
use and that is customarily expected to occur with the permitted or discretionary
use;
(d) "building height" means the vertical distance, measured in metres from the
established grade to the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(iii) mean height level between the eave and the ridge of a gable, hip or
gambrel roof,
and in any case, a building height shall not include mechanical structure,
smokestacks, steeples and purely ornamental structures above a roof;
(e) "building line" means a line established by an authority that runs parallel to a
street line and is set at the closest point to a street that a building may be
placed;
(f) "discretionary use" means a use that is listed within the discretionary use
classes established in the use zone tables of an authority's development
regulations;
(g) "established grade" means,
(i) where used in reference to a building, the average elevation of the finished
surface of the ground where it meets the exterior or the front of that
building exclusive of any artificial embankment or entrenchment, or
(ii) where used in reference to a structure that is not a building, the average
elevation of the finished grade of the ground immediately surrounding the
structure, exclusive of any artificial embankment or entrenchment;
(h) "floor area" means the total area of all floors in a building measured to the
outside face of exterior walls;
(i) "frontage" means the horizontal distance between side lot lines measured at
the building line;
U) "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;
Town of New Perlican
Development Regulations .20.23-.2033
1.23
(I) "lot coverage" means the combined area of all building on a lot measured at
the level of the lowest floor above the established grade and expressed as a
percentage of the total area of the lot;
(m) "non-conforming use" means a legally existing use that is not. listed as a
permitted or discretionary use for the use zone in which it is located or which
does not meet the development standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the
legal right to use the land under consideration;
(o) "permitted use" means a use that is listed within the permitted use classes set
out in the use zone tables of an authority's development regulations;
(p) "prohibited use" means a use that is not listed in a use zone within the
permitted use classes or discretionary use classes or a use that an authority
specifies as not permitted within a use zone;
(q) "sign" means a word, letter, model, placard, board, device or representation,
whether illuminated or not, in the nature of or employed wholly or in part for
the purpose of advertisement, announcement or direction and excludes those
things employed wholly as a memorial, advertisements of local government,
utilities and boarding or similar structures used for the display of
advertisements;
(r) "rear yard depth" means the distance between the rear lot line and the rear
wall of the main building on a lot;·
(s) "side yard depth" means the distance between the side lot line and the nearest
side wall of a building on the lot;
(t) "street" means a street, road, highway or other way designed for the passage
of vehicles and pedestrians and which is accessible by fire department and other
emergency vehicles;
(u) "street line" means the edge of a street reservation as defined by the authority
having jurisdiction;
(v) "use" means a building or activity situated on a lot or a development permitted
on a lot;
(w) "use zone" or "zone" means an area of land including buildings and water
designated on the zoning map to which the uses, standards and conditions of a
particular use zone table apply;
(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
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(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) persons right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6. (1) The secretary of the board at the Department of Municipal and Provincial
Affairs, Main Floor, Confederation Building (West Block), P .0. Box 8700, St. Johns, Nfld.,
AlB 4J6 is the secretary to all boards in the province and an appeal filed with that
secretary within the time period referred to in subsection 42(4) of the Act shall be
considered to have been filed with the appropriate board.
(2) Notwithstanding subsection (1), where the Town of Corner Brook, Town of
Mount Pearl or Town of St. Johns appoints an appeal board under subsection 40(2) of the
Act, an appeal shall be filed with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the board that
hears the decision being appealed by filing it with the secretary referred to in subsection
(1) or (2) within the 14 days referred to in subsection 42{4) of the Act.
{4} The board that hears the decision being appealed shall, subject to subsection
44{3) of the Act, retain the fee paid to the board.
(5) Where an appeal of a decision and the required fee is not received by a board
in accordance with ~his section and Part VI of the Act, the right to appeal that decision
shall be considered to have been forfeited.
Appeal registration
Town of New Perlican
Development Regulations .20.23-.2033
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.
(S) A notice published under subsection (4) shall be published not fewer than 2
weeks before the date upon which the appeal is to be heard by the board.
Development prohibited
8. (1) Immediately upon notice of the registration of an appeal the appropriate
authority shall ensure that any development upon the property that is the subject of the
appeal ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting under subsection
(1).
(3) Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, an authority shall not carry out work related to the
matter being appealed.
Hearing notice and meetings
9. (1) A board shall notify the appellant, applicant, authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal not fewer
than 7 days before the date scheduled for the hearing of the appeal.
(2) A board may meet as 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
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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 pf the board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
Variances
12. {1) Where an approval or permit cannot be given by an authority because a
proposed development does not comply with development standards set out in
development regulations, an authority may, in its discretion, vary the applicable
development standards to a maximum of 10% if, in the authority's opinion, compliance
with the development standards would prejudice the proper development of the land,
building or structure in question or would be contrary to public interest.
(2) An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances
made or to be made with respect to the same land, building or structure, would have a
cumulative effect that is greater than a 10% variance even though the individual variances
are separately no more than 10%.
(3) An authority shall not permit a variance from development standards where
the proposed development would increase the non-conformity of an existing
development.
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.
Town of New Perlican
Development Regulations .20.23-.2033
Notice and hearings on change of use
15. Where considering a non-conforming building, structure or development under
paragraph 108(3)(d) of the Act and before making a decision to vary an existing use of that
non-conforming building, structure or development, an authority, at the applicants
expense, shall publish a notice in a newspaper circulating in the area or by other means
give public notice of an application to vary the existing use of a non-conforming building,
structure or development and shall consider any representations or submissions received
in response to that advertisement.
Non-conformance with standards
16. Where a building, structure or development does not meet the development
standards included in development regulations, the building, structure or development
shall not be expanded if the expansion would increase the non-conformity and an
expansion must comply with the development standards applicable to that building,
structure or development.
Discontinuance of non-conforming use
17. An authority may make development regulations providing for a greater period of
time than is provided under subsection 108(2) of the Act with respect to the time by which
a discontinued non-conforming use may resume operation.
Delegation of powers
18. An authority shall, where designating employees to whom a power is to be
delegated under subsection 109(3) of the Act, make that designation in writing.
Commencement
19. These regulations shall be considered to have come into force on January 1, 2001.
©Earl G. Tucker, Queen's Printer
APPENDIX 4: WATER RESOURCES MANAGEMENT DIVISION - POLICY FOR LAND AND WATER RELATED
DEVELOPMENTS IN PROTECTED PUBLIC WATER SUPPLY AREAS
POLICY DIRECTIVE
POLICY FOR LAND AND WATER RELATED DEVELOPMENTS
IN PROTECTED PUBLIC WATER SUPPLY AREAS
Division:
Water Resources Management
P.D.
W.R. 95-01
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Prepared By:
Haseen Khan, P.Eng.
Approved By:
Wasi Ullah, Director
Approved By:
David Jeans, ADM
Authorized By: John M. Fleming, DM
Kevin Aylward Minister
Subject:
Issue Date:
April 7, 1995
Re-Issue Date: March 10, 1999
Review Date:
Superseded:
Cancelled:
Policy guidelines for land and water related developments in protected public water supply areas.
1.0 OBJECTIVES
The policy will establish a mechanism for issuing a certificate of environmental approval under Section
39 of the Water Resources Act, SNL 2002 cW-4.01 for all development activities in a designated water
supply area. The implementation of the policy guidelines will ensure sustainable development of natural
resources without adversely affecting water quality.
2.0 LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, Section 39
3.0 POLICY
The existing and proposed development activities in protected water supply areas will be subject to the
following policy guidelines established under Section 39 of the Act.
4.0 DEFINITIONS
"Act'' means the Water Resources Act, SNL 2002 cW-4.01.
"Development" means the carrying out of an activity or operation on, over, or under land or water for
social or economic benefits, or the making of any change in the use of the intensity of use of any land,
water, building or premises.
All other definitions appearing in the Act shall equally apply to this policy when employed herein.
5.0 APPLICATION OF THE POLICY
5.1 This policy shall apply to public water supply areas designated under Section 39 of the Act.
5.2 Existing resource development and other activities will be allowed to continue unless it is established
that these are impairing water quality or have potential to impair water quality.
5.3 If it is established that a particular activity is a source of pollution, then appropriate measures as
outlined in Sections 11, 12 and 13 of this policy directives will apply.
5.4 The Minister may require proponents of existing activities, which have potential to impair water
quality, to obtain his/her approval.
5.5 No development shall be carried out in a designated area except in accordance with this policy.
5.6 No person shall carry out any development in a designated area without obtaining prior approval in
writing from the Minister.
Town of New Perlican
Development Regulations .20.23-.2033
6.0 ACTIVITIES NOT PERMITTED IN A DESIGNATED AREA
6.1 Placing, depositing or discharging or permitting the placing, depositing or discharging into a body of
water and sewage, refuse, chemicals, municipal and industrial wastes or any other material which
impairs or has potential to impair water quality.
6.2 Using an intake pond, lake or specified buffer zone for any activity detrimental to water quality and
not permitted in the Act.
6.3 Using ice covered water body for transporting logs, riding skidoos/motor vehicles/all-terrain vehicles,
leading of animals, or any other activity which impairs or has potential to impair water quality.
6.4 Using or operating existing facilities in such a manner which impairs or has potential to impair water
quality.
6.5 Residential development (a sub-division of four or more lots), vehicle maintenance facilities,
warehouses, service stations, industries, and chemicals and salt storage depots.
6.6 Storage and disposal of pesticides and manure, application of manure and chemicals in specified
buffer zones, extensive land clearing, and peat land drainage without adequate treatment.
6.7 Clear cutting of forest in sensitive areas, establishment of camps and camp facilities, storage of
chemicals, application of pesticides, drainage of peat land for afforestation, and application of toxic fire
retardants.
6.8 Resorts, hotels/motels, and golf courses.
6.9 Activities, operations or facilities associated with aggregate extraction and mineral exploration such
as work camps, vehicle parking and maintenance facilities, washing of aggregates, asphalt plants,
discharge or deposit of waste material into a body of water, and significant disturbance to land for
mineral exploration purposes.
6.10 Application of herbicides in the right-of-way, and use of chemically treated utility poles and other
related structures.
6.11 Aquaculture development and associated activities having potential to impair water quality.
6.12 Processing and manufacturing plants having potential to impair water quality.
6.13 Cemetery, waste disposal facilities, and any other storage or disposal facilities that the Minister
considers environmentally unacceptable.
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7.0 ACTIVITIES REGULATED IN A DESIGNATED AREA
In a designated area, no person shall undertake any of the following activities without obtaining prior
written approval from the Minister:
7 .1 Expansion and upgrading of the existing activities, operations or facilities.
7.2 Construction of residential, commercial, industrial and institutional facilities or any other related
activity including land clearing or drainage, construction of access roads, servicing of lands for
subsequent use, or extension and upgrading of existing buildings or facilities.
7 .3 Development of farm lands for crop production, forage production, vegetable production, and
blueberry and other fruit production.
7.4 Forest logging, resource road construction and use, stream crossing for controlled access,
preparation of skid trails and landing areas, silvicultural activities, tree farming, and other
environmentally acceptable forestry operations.
7.5 Recreational activities or facilities including cottage development, fishing, swimming, boating, hiking,
camp grounds, or canoe routes, vacation or other camps, or recreational facilities.
7.6 Mineral exploration related activities and aggregate extraction, or any other construction activity
incidental to mining and quarrying including access roads, stream crossings, land drainage with adequate
treatment, land clearing and excavation.
7. 7 Installation of storm or sanitary sewer pipelines, pipelines for transmission of water for hydroelectric
generation, agriculture uses, or any other purposes.
7.8 Construction of roads, bridges, culverts, and other stream crossings, and installation of power and
telecommunication transmission lines.
7.9 Modification to intake structures, pumphouse, reservoir, etc. will .require approval under Section 37
of Act.
7.10 Any other development or activity which, in the opinion of the Minister, has caused impairment or
has potential to impair water quality.
8.0 APPROVAL PROCESS
8.1 The proponent shall submit a detailed development plan along with maps, drawings and
specifications and other information as required by the Minister for approval.
8.2 The Minister may, on the recommendation of his/her officials, issue a certificate of approval for the
proposed development on such terms and conditions as the Minister considers necessary to protect
water quality.
8.3 The proponent shall obtain separate approvals from the Minister under Section 48 of the Act, for all
permanent or temporary stream crossings or for alteration to bodies of water that may be necessary to
carry out the approved development.
8.4 The proponent shall also obtain licences, permits or approvals under other acts and regulations as
required prior to commencing the approved work.
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8.5 The proponent of the approved development shall notify the municipal authority or the person
responsible for the operation and maintenance of the waterworks by providing a copy of the approval
issued under this policy before commencing the work.
8.6 The proponent shall maintain adequate liaison and consultation with the person or authority
responsible for the operation and maintenance of the waterworks during the implementation and
operation of the approved work.
8.7 The Minister may require the inspection of the approved development from time to time by his/her
officials to ensure that the development is carried out in an environmentally acceptable manner and the
proponent is complying with the terms and conditions of the approval.
8.8 The Minister may require a proponent to monitor water quality according to a monitoring program
approved by the Minister in order to evaluate the impact of the approved development on public water
supply.
8.9 The Minister encourages the departments and agencies responsible for resource management and
affected by this policy to develop environmental protection guidelines for resource utilization in
protected water supply areas, for compliance by proponents or developers.
9.0 BUFFER ZONES
9.1 The proponents shall provide the following widths of buffer zones along and around water bodies
from the high water mark in a designated area:
Water Body
Intake pond or lake
River intake
Main river channel
Major tributaries, lakes or ponds
Other water bodies
Width of Buffer Zones
a minimum of 150 metres
a minimum of 150 metres for a distance of one km
upstream and 100 m downstream
a minimum of 75 metres
a minimum of SO metres
a minimum of 30 metres
9.2 No development activity shall be permitted in buffer zones except those which are intended to
promote vegetation.
10.0 RESPONSIBILITIES OF MUNICIPAL AUTHORITY
The municipal authority or person responsible for the operation and maintenance of a waterworks shall:
10.1 Ensure that no development activities are undertaken in a designated area without approval from
the Minister.
10.2 Ensure that approved development activities are undertaken in strict compliance with the terms
and conditions of the approval.
10.3 Where an approval or this policy is violated, serve a stopping order on the violator after obtaining
prior approval from the Minister for stopping any work or operation either permanently or temporarily
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which is not carried out according to the terms and conditions of the approval and has impaired or has
potential to impair water quality.
10.4 Request the Minister for the appointment of a Watershed Monitoring Committee and the
development of a watershed management plan, if the designated area is under increasing pressure for
multiple development activities.
11.0 CORRECTION OF HARMFUL CONDITIONS
If the quality of water has been impaired by any activity, practice, or action taken deliberately,
negligently or accidentally, the Minister may order the proponent
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to provide alternate water supply for the affected community for as long as is necessary to restore
the existing water supply system;
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to restore the water quality to its original condition; or
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to take necessary measures including the removal of facilities, undertakings, cabins, etc. and to
rehabilitate the affected area at his/her expense in order to rectify the water pollution related
problems .
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12.0 CERTAIN POWERS OF THE MINISTER
(A) Cancellation of Approval
The Minister may revoke an approval:
12.1 For failure of the proponent of any development or activity to comply with the terms and
conditions stipulated in the approval.
12.2 Where the approval was issued in error on the basis of incorrect or incomplete information.
12.3 Where the approved activities or operations are causing or have potential to cause impairment of
water quality for reasons not anticipated at the time the approval was issued.
(B) Changing Boundaries
The Minister may change the boundaries of a designated area either to enlarge or reduce its size.
13.0 OFFENCE
A person who undertakes any development or activity in a designated area without prior written
approval from the Minister is guilty of an offence under the Act.
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APPENDIX 5: LAND USE ZONING MAP
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