Town of North River Development Regulations (Land Use Zoning, Subdivision and Advertisement Regulations)
North River, Newfoundland and Labrador
· adopted 1996-12-27
This is the exact embedded text of the captured official document.
Snapshot 1f969092cce6 · verified 2026-06-05 ·
original document ·
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unofficial consolidation, the official version is held by the municipal clerk.
TOWN OF NORTH RIVER
DEVELOPMENT REGULATIONS
lMPORTANT: To see if there were any changes to
this plan since it came into effect, please refer to:
List of Development Regulation Amendments
THE URBAN AND RURAL PLANNING ACT
COMMUNITY OF NORTH RIVER
D USE ZONING, SUBDMSION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
Published by Authority
The Council of the Community of North River hereby adopts the following Land
se Zoring, Subdivision and Advertisement Regulations as required by Section 36 of
' e Urban and Rural Planning Act.
Made and adopted by the Council of the Community of North River, on «he ¥ >"::{
day of t/~ , 1996.
~~-~~-·-
----Vc1erk
Approved by me at St. John's this iB-ie..day of Ds:cEMP..e'L., 1996.
---~~--
ARTHUR D. REID, M.HA.
Carbonear-Harbour Grace Distdct
Minister of Municipal and Provincial Affairs
ll persons are hereby requested to take notice that anyone who wishes to view these
egulations may do so at the Office of the Town Clerk of the Community Council of
orth River.
TABLE OF CONTENTS
Re lotion
Page
APPLICATION
1.
Short Title
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . 1
2.
Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . 1
3.
Commencement ...................................................... 1
4.
Municipal Code and Regulations ......-................................... 1
5.
Authority . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . - - . . . .
1
PART I - GENERAL REGULATIONS
6.
Compliance with Regulations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
7.
Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
8
Permit to be Issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
9
Permit Not to be Issued in Certain Cases
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
10
Discretionary Powers of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1
Variances by Authority ... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1 .
Service Levy .. .. .. .. . .. .. . .. . .. .. .. .. .. - .. .. .. . .. . .. .. .. .. .. .. .. .. .. 4
1
Financial Guarantees by Developer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1
Dedication of Land for Public Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1
Reinstatement of Land
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1
Form of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1
Register of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1
Deferment of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Outline Planning Permission . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Development Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Reasons for Refusing Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Notice of Application
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Right of Entry
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Record of Violations . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Stop Work Order and Prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Local Board of A pp ea I Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Appointment of Local Board of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Appeal Board to Act as Local Board of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
(ii)
Regulation
p
29.
Appeals to Local Board of Appeal .....-................-................
30.
Effect of Decision by Local Board of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
31.
Development May Not Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
PART II - GENERAL DEVELOPMENT STANDARDS
Accesses and Service Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .....
Accessory Buildings . ............................................... .
Advertisements ......................-..............................
Buffer Strips ...................................................... .
Building Height .........................-..........................
Building Line and Setback ............................................ .
Family and Group Care Centres ....................................... .
Height Exceptions .................................................. .
Livestock Structures and Uses ......................................... .
Lot Area . ....................................................... .
Lot Area and Siu: Exceptions ......................................... .
Lot Frontage ......................................................
Mobile Homes .................................................... .
Non-Conforming Uses ...............................................
Offensive and Dangerous Uses ........................................ .
Off-street Parking Requirements ........................................
Off-street Loading Requirements
13
13
13
13
14
14
14
14
14
15
15
16
16
16
18
18
19
49.
Parks.and Playgrounds and Conservation Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20
50.
Screening and Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
51.
Services and Public Utilities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20
52.
Service Stations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
53.
Sideyards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
54.
Street Construction Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
55.
Subsidiary Apartments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
56.
Unsubdivided Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
57.
Zero Lot Line and Other Comprehensive Development . . . . . . . . . . . . . . . . . . . . . . .
21
(iii)
Regul lion
Page
PART Ill - ADVERTISEMENTS
58.
Permit Required . - - . . . - . . . . . . . . . . - . . . . . . . . . - - - . . . . . . - . - . . . . . . . . . - . . .
Z2
59.
Form of Application . . . - - . . . . . . . . - - - . - - - . . - . . . . . . . . . - - . . - . . - - - . . - . . . .
22
60.
Advertisements Prohibited in Street Reservation
- . . . - - - . - - - . - . - - . . . . . . - - . - - . Z2
62.
Removal of Advertisements . . . . . - . . . . - . . . . . . - . . . . . . . . . . - . . . . - . - - . . . . . . . 22
63.
Advertisements Exempt from Control
. . - - . - . - - - . . . . . . . . . . . . - . - - - . . . . . . . - . 22
64.
Approval Subject to Conditions . . . . . - . - . . . . . . . . . . . . . . . . - - . . . . . . . . . . . . . . . 23
65.
Non-Conforming Uses
. . . . . . - . . - - . . . . . . . . . . . - . . . . . - - - . . . . . . . . . . . . . . . - 23
PART IV· SUBDMSION OF LAND
66.
Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
67.
Services to be Provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . .
24
68.
Payment of Service Levies and Other Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
69.
Issue of Permit Subject to Considerations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24
70.
Building Permits Required
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - . . . . . . . . . 25
71.
Form of Application . . . . . . . . . . . . . . . . . . . . . . . . . - . . - . . . . . . . . . . . . . . . - . . . .
25
72.
Subdivision Subject lo Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
73.
Building Lines
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . .
25
74.
Land for Public Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . .
25
75.
Structure in Street Reservation
. . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . 26
76.
Subdivision Design Standards
. . . . . . - - . . - - . . . . . . - . - - . . . . . . . - - . - . . . . . . . . . 27
77.
Engineer to Design Works and Certify
Construction Layout . . . . - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
78.
Developer to Pay Engineer's Fees and Charges
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29
79.
Street Works May be Deferred ......................... ·. . . . . . . . . . . . . . . .
29
80.
Transfer of Streets and Utilities to Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29
81.
Restriction on Sale of Lots
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - . . - . . . . . 30
82.
Grouping of Dwellings and Landscaping
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
~
(iv)
Regulation
p ge
PART V - USE ZONES
83.
Use Zones . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . - . . . - . . . . . . . . . . . - . . . . . .
31
84.
85.
86.
87.
Use Classes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Permitted Uses - . . . . . - . . . . . . . . . . . . . . . . . . . . . . . - . . - - - . . . . . . . . . . . . . . . . .
31
Discretionary Uses - . . . . . . . . . - - - . - . . . . . . . . . . - . . . . . . . . - . . . . . . . . . . . . . . .
31
Uses Not Permitted
. . . . . . . . . . . . . . . . . . . . - . . . . . . . . - . . . . . . . . . . . . . . . . . . .
32
SCHEDULES
SCHEDULE A: Definitions
SCHEDULE B: Classification of Uses of Land and Buildings
SCHEDULE C: Use Zone Tables
SCHEDULE D: Off-Street Parking Requirements
SCHEDULE E: Land Use Zoning Maps
COMMUNITY OF NORTH RIVER MUNICIPAL PLAN
D USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
Short Title
These Regulations may be cited as the North River Development Regulations.
- Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings
ascribed to them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings
which are commonly assigned to them in the context in which they are
used in the Regulations.
Commencement
These Regulations come into effect throughout the North River Municipal
Planning Area, hereinafter referred to as the Planning Area, on the date of
publication of a notice to that effect in the Newfoundland Gazette.
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the
Electrical Code, and any other ancillary code and any Building Regulations,
Waste Disposal Regulation and/or any other municipal regulations regulating
or controlling the development, conservation and use of land in force in the
Community of North River, shall, under these Regulations apply to the entire
Planning Area.
Authority
In these Regulations, "Authority" means the Council of the Community of
North River.
-
. ,.
P
I - Gc11crul Rcg11/111imrs
Page 2
PART I - GENERAL REGULATIONS
6 Compliance With Regulatiops
No development shall be carried out within the Planning Area except in
accordance with these Regulations .
Permit Required
No person shall carry out any development within the Planning Area except
where otherwise provided in these Regulations unless a permit for the
development has been issued by the Authority.
Pennit to be Issued
Subject to Regulations 9 and 10, a permit shall be issued for development
within the Planning Area that conforms to:
(a)
the general development standards set out in Part JI of these Regu·
lations, the requirements of Part V of these Regulations, and the use
classes, standards, requirements, and conditions prescribed in Schedule
C of these Regulations for the use zone in which the proposed
development is located;
(b)
the standards set out in the Building Code and/or other ancillary
codes, and any Building Regulations, Waste Disposal Regulations,
and/or any other municipal regulation in force in the Planning Area
regulating or controlling development, conservation and use of land
and buildings;
(c)
the standards set out in Part III of these Regulations in the case of
advertisement;
( d)
the standards set out in Part IV of these Regulations in the case of
subdivision;
(e)
the standards of design and appearance established by the Authority.
9. Permit Not to be Issued in Certain Cases
Neither a permit nor outline planning permission shall be issued for
development within the Planning Area when, in the opinion of the Authority,
it is premature by reason of the site lacking adequate road access, power,
drainage, sanitary facilities, or domestic water supply, or being beyond the
natural development of the area at the time of application unless the
applicant contracts to pay the full cost of construction of the services deemed
Part I - General Regulations
Pag 3
necessary by the Authority and such cost shall attach to and upon the prope ty
in respect of which it is imposed.
10. Discretionary Powers of Authority
In considering an application for a permit or for outline planning permissi n
to carry out development, the Authority shall take into account the polic es
expressed in the Municipal Plan and any further scheme, plan or regulati ns
pursuant thereto, and shall assess the general appearance of the developm nt
of the area, the amenity of the surroundings, availability of utilities, pu lie
safety and convenience, and any other considerations which are, in its opini n,
material, and notwithstanding the conformity of the application with he
requirements of these Regulations, the Authority may, in its discretion, nd
as a result of its consideration of the matters set out in this Regulati n,
conditionally approve or refuse the application.
11. Variances by Authority
(1)
Where a permit cannot be granted because the proposed develop
nt
does not comply with these Regulations, the Authority may in its
discretion vary the requirements to literal conformity with the
Regulations if, in the Authority's opinion, the requirements w
prejudice the proper development of the land, building or structur in
question, or be contrary to the public interest.
(2)
. Variance from these Regulations pursuant to Regulation 11(1) s all
only be authorized in the following circumstances:
(a)
if, in the opinion of the Authority, such variance is not cont ary
to the general intent and purpose of these Regulations, the
Municipal Plan, or any further scheme, plan or regula ion
pursuant thereto, and the public interest;
(b)
if, prior to authorization of such variance, the Authority has
considered its effect on adjoining properties;
(c)
if the variance does not change the permitted use of the
property;
Pa I - General Regulations
Page 4
( d)
if the Authority is satisfied that the variance has not become
necessary due to the intentional or negligent conduct of the
owner or some other party acting with the owner's knowledge
or consent;
( e)
if, prior to authorization of such variance, the Authority has
given notice of the application in accordance with Regulation
22 and has considered any objections or representations which
may have been received on the matter.
(3)
Variance from these Regulations pursuant to Regulation 11(1) shall
not be authorized if such variance, when considered together with
other variances made or to be made in respect of the same land,
building or structure, would have a cumulative effect contrary to the
general intent of these Regulations, the Municipal Plan, or any further
scheme, plan or regulation pursuant thereto, even though the variances
individually would not have such effect.
2. Service Levy
(1)
The Authority may require a developer to pay a service levy where
development is made possible or where the density of potential
development is increased, or where the value of property is enhanced
by the carrying out of public works either on or off the site of the
development.
(2)
A service levy shall not exceed the cost, or estimated cost, including
finance charges to the Authority of constructing or improving the
puhlic works referred to in Regulation 12( 1) that are necessary for the
real property to be developed in accordance with the standards
required by the Authority and for uses that are permitted on that real
property.
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefitted by the public works
related to all the real property so benefitted; and,
(b)
the density of development made capable or increased by the
public work.
Parl I - General Regulations
Pag 5
(4)
The Authority may require a service levy to he paid by the owner f
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; r,
( d)
at such other time as the Authority may decide.
13. Financial Guarantees by Developer
(1)
The Authority may require a developer before commencing a devel
-
ment to make such financial provisions and/or enter into su h
agreements as may be required to guarantee the payment of serv' e
levies, ensure site reinstatement, and to enforce the carrying out of
other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 13(1) may be made in
the form of:
(a)
a cash deposit from the developer, to he held by the Author ty,
or;
(b)
a guarantee by a bank, or other institution acceptable to
e
Minister, for expenditures by the developer, or;
(c)
a performance bond provided by an insurance company o a
bank, or;
(d)
an annual contribution to a sinking fund held by the Author ty.
14. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 4,
the Authority may require the dedication of a percentage of the land are of
any subdivision or other development for public use, and such land shall be
conveyed to the Authority in accordance with the provisions of the Act.
15. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decrea d,
the Authority may order the developer, the occupier of the site, or the ow er
or all of them to reinstate the site, to remove all or any buildings or erecti ns,
P rt 1 - Ge11eral Regulations
Page 6
to cover or fill all wells or excavations, and to close all or any accesses, or to
do any of these things or all of them, as the ease may be, and the developer,
occupier or owner shall carry out the order of the Authority and shall put the ·
site in a clean and sanitary condition to the satisfaction of the Authority.
16. Form of Application
(1)
An application for a development permit or for outline planning
permission shall be made only by the owner or by a person authorized
by the owner to the Authority on such form as may be prescribed by
the Authority, ;md every application shall include such plans, specifica-
tions and drawings as the Authority may require, and be accompanied
by the permit fee required by the Authority.
(2)
The Authority shall, on request, supply to every applicant a copy of the
application forms referred to in Regulation 16(1) and a description of
the plans, specifications and drawings required to be provided with the
application.
7. Register of Application
The Authority shall keep a public register of all applications for development,
and shall enter therein the Authority's decision upon each application and the
result of any appeal from that decision.
18. Deferment of Application
(1)
The Authority may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations
which have not been determined by the Authority and on which a
decision has not been communicated to the applicant within eight
weeks of the receipt thereof by the Authority, and on which con-
sideration has not been deferred in accordance with Regulation 18(1),
shall be deemed to be refused.
Part I - General Regulations
Pag 7
19. Outline Planning Permission
(1)
The Authority may grant outline planning permission for the erecti
alteration or conversion of a building if, after considering an app i·
cation for outline planning permission made under these Regulatio s,
it is satisfied that the proposed development is, subject to the appro al
of detailed plans, in compliance with these Regulations.
(2)
Where outline planning permission is granted under this Regulati n,
it shall be subject to the subsequent approval by the Authority of s eh
details as may be listed in the outline planning permission, which sh II
also specify that further application for approval of these details sh II
be received not later than two years from the grant of outline plann g
permission.
20. Development Permit
(1)
A plan or drawing which has been approved by the Authority
which bears a mark and/ or signature indicating such approval toget er
with a permit shall be deemed to be permission to develop land in
accordance with these Regulations but such permission shall
ot
relieve the applicant from full responsibility for obtaining permits or
approvals under any other regulation or statute prior to commenc ng
the development; from having the work carried out in accordance ith
these Regulations or any other regulations or statutes;
compliance with all conditions imposed thereunder.
(2)
The Authority may attach to a permit or to outline planning per is·
sion such conditions as it deems fit in order to ensure that he
proposed development will be in accordance with the purposes nd
intent of these Regulations.
(3)
Where the Authority deems necessary, permits may be issued o a
temporary basis for a period not exceeding two years, which ma be
extended in writing by the Authority for further periods not excee
two years.
Pa 1 - Ge11cral Rcg11/a1i<>ns
Page 8
(4)
A permit is valid for such period, not in excess of two years, as may be
stated therein, and if the development has not commenced, the permit
may be renewed for a further period not in excess of one year, but a
permit shall not be renewed more than once, except in the case of a
permit for an advertisement, which may be renewed in accordance with
Part Ill of these Regulations.
(5)
The approval of any application and plans or drawings or the issue of
a permit shall not prevent the Authority from thereafter requiring the
correction of errors, or from ordering the cessation, removal of, or
remedial work on any development being carried out in the event that
the same is in violation of this or any other regulations or statute.
( 6)
The Authority may revoke a permit for failure by the holder of it to
comply with these Reg>1lations or any condition attached to the permit
or where the permit was issued in error or was issued on the basis of
incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications
upon wh'ch a permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter
or thing in being done for which a permit has been issued, a copy of
the permit and any plans, drawings or specifications on which the issue
of the permit was based during the whole progress of the work, or the
doing of the matter or thing until completion.
1. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions
to a permit, state the reasons for so doing.
2. Notice of Application
The Authority may, and when a variance is necessary under Regulation 11,
when a change in nonconforming use is to be considered under Regulation 45,
or when the development proposed is listed as a discretionary use in
...
Pan I - General Regulations
Pa
9
Schedule C of the Regulations shall, at the expense of the applicant, gi e
notice of an application for a permit or for outline planning permission, y
public advertisement in a newspaper circulating in the area or by any ot
r
means deemed necessary .
23. Right of Entry
The Authority, the Director, or any inspector may enter upon any public or
private land and may at all reasonable times enter any development or
building upon the land for the purpose of making surveys or examinations or
obtaining information relative to the carrying out of any developme t,
construction, alteration, repair, or any other works whatsoever which
e
Authority is empowered to regulate.
24. Record of Violations
Every inspector shall keep a record of any violation of these regulations wh eh
comes to his knowledge and report that violation to the Authority.
25. Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contr ry
to these Regulations, the Authority may order that person to stop he
development or work connected therewith pending final adjudicat on
in any prosecution arising out of the development.
(2)
A person who does not comply with an order made under Regulat on
25(1) is guilty of an offence under the provisions of the Act.
26. Local Board of Appeal Established
A Local Board of Appeal shall be appointed to hear all appeals arising fr m
these Regulations.
27. Appointment or Local Board of Appeal
(1)
The Authority may, subject to the approval of the Minister, app int
not less than three and not more than five persons to constitute he
Local Board of Appeal.
-'"l°'·--·
Pa I - General Regulations
!'age JO
(2)
The Authority under Regulation 27(1) shall not appoint elected or
appointed officials of the Authority to be members of the Local Board
of Appeal.
(3)
Every member of the Local Board of Appeal shall be appointed for
such periods, not exceeding the term of office of the Authority, as may
be deemed appropriate by the Authority, and shall be eligible for re-
appointment.
( 4)
The Local Board of Appeal shall be presided over by a Chairman
appointed from among its members by the Authority or in the absence
of the Chairman, such member as the members present shall from
among themselves appoint.
(5)
A majority of the members of the Local Board of Appeal shall
constitute a quorum.
(6)
The Authority may by a two-thirds vote of its members provide for
remuneration to be paid to members of the Local board of Appeal and
may prescribe the amount.
(7)
Where a Local Board of Appeal has been appointed and approved
under Regulation 27(1 ), the Clerk of the Authority shall be the
Secretary of that Local Board of Appeal.
8. Appeal Board to Act as Local Board of Appeal
Where a Local Board of Appeal has not been appointed and approved by the
Minister under Regulation 27(1), the appropriate Appeal Board established
under the provisions of the Act shall be deemed to have been appointed as
the Local Board of Appeal, and shall carry out the functions and exercise the
same powers as if it were appointed a Local Board of Appeal under
Regulations 27(1), but it shall not be obliged to hold appeal hearings within
the Planning Area or to hear appeals within the time limits established under
these Regulations.
Pat1 I - General Regulatio11s
Pag: 11
29. Appeals to Local Board of Appeal
(1)
The Local Board of Appeal shall hear appeals from decisions of he
Authority made under these Regulations and shall either confirm he
decision or recommend to the Authority that the decision be varie or
reversed.
(2)
Any person may appeal to the Local Board of Appeal from a decis on
of the Authority made under these Regulations.
(3)
An appeal shall be submitted in writing to the Authority within th rty
days of the date of the decision appealed from and shall state he
circumstances and grounds of the appeal.
(4)
Within one week of receiving an appeal, the Authority shall fo
rd
it to the Local Board of Appeal together with a copy of the applica ion
appealed from and all other correspondence, plans and perti ent
information.
(5)
The Local Board of Appeal shall meet to hear an appeal within · ty
calendar days after that appeal has been filed with the Authority, nd
shall make its decision known in writing to the Authority and to the
appellant within two weeks of hearing the appeal.
(6)
The Authority, the appellant, and any other person likely to be
affected by the appeal, shall be advised of the time and place of the
· appeal hearing by the Secretary at least one week before the ap eal
is to be heard.
(7)
The Authority and the appellant are entitled, but are not boun , to
appear before the Local Board of Appeal either personally o by
representatives appointed by them.
(8)
The Local Board of Appeal shall consider and determine each ap eal
in accordance with the intent of these Regulations and the Muni ipal
Plan and any further plan, scheme or regulations that are in for ,
Parr - General Reg11/atio11s
Page 12
having due regard to the circumstances and merits of the particular
case and the use of discretionary powers by the Authority.
(9)
In determining an appeal, the Local Board of Appeal shall be bound
by the Municipal Plan and any further scheme or plan that is in force
under the Act.
(10)
Every member of a Local Board of Appeal shall be subject to the
provisions of the Municipalities Act with respect to conflict of interest
as if he were a councillor elected under that Act.
(11)
The decision of a majority of the members of the Local Board of
Appeal present, excluding all members prohibited from voting because
of conflict of interest, shall be the decision of the Board whose
decision shall not be subject to further appeals to any other Appeal
Board constituted under the Act.
(12)
If a Local Board of Appeal is unable to decide an appeal because of
the conflict of interest of a majority of its members, the Authority
shall, subject to the approval of the Minister, and for that appeal only,
appoint other persons to replace those members so affected.
30. Effect of Decision by Local Board of Appeal
m1191,µm2:tnY: ~lj~IJli~i'P<?vn9,:tJ?'!£mYi§l!t\ln~lrJ#ei§!9rr:it~r~~~!J!19.~l;~9?£9!pJ
!$itt!~li1\wn!Gti:H~~l$l\Jn:l~Jnµ]!§§i11?Ifi~!!\gl~~i~l~iP~fti,ii
31. Development May Not Proceed
Where an appeal is made from a decision of the Authority, the development
concerned shall not proceed pending a decision on the appeal and the
subsequent issue of all required permits.
Amended 1992 11 27
Part II - General Development Standards
l'ag 13
PARTil·GENERALDEVELOP~ENTSTANDARDS
32. Accesses and Service Streets
(1)
Access shall be located to the specification of the Authority so as to
ensure the greatest possible convenience and safety of the street syst rn
and the Authority may prescribe the construction of service street to
reduce the number of accesses to collector and arterial streets.
(2)
No vehicular access shall be closer than 10 metres to the street !in of
any street intersection.
33. Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementa
to
the use of the main buildings in character, use and size, and shall be
contained on the same lot.
(2)
No accessory building or part thereof shall project in front of ny
building line.
(3)
The sideyard requirements set out in the use zone tables in t
Regulations shall apply to accessory buildings wherever they
located on the lot but accessory buildings on two (2) adjoining p op-
erties may be built to property boundaries provided they shall b of
fire resistant construction and have a common firewall.
34. Advertisements
Advertisements shall not be erected or displayed except in accordance
ith
Part III of these Regulations.
35. Bulfer Strips
Where any industrial development permitted in any Use Zone abut an
existing or proposed residential area, or is separated from it by a road
the owner of the site of the industrial development shall provide a buffer
not less than ten (10) metres wide between any residential activity and the
industrial area. The buffer shall include the provision of such natur
or
structural barrier as may be required by the Authority and shall be main ta ned
by the owner or occupier to the satisfaction of the Authority.
Part I - Ge11eral Dcvclopmcllt Standards
Page 14
36.
uilding Height
The Authority may permit the erection of buildings of a height greater than
that specified in Schedule C, but in such cases the building line setback and
rearyard requirements shall be varied as follows:
(1)
The building line setback shall be increased by 2 metres for every 1
metre increase in height.
(2)
The rearyard shall not be less than the minimum building line setback
calculated as described in (1) above plus 6 metres.
37. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or
proposed street or service street and may require any new buildings to be
located on those building lines, whether or not such building lines conform to
the standards set out in the tables in Schedule C of these Regulations.
38. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that
is adequate in size to accommodate the number of persons living in the group,
inclusive of staff, provided that in the opinion of the Authority, the use of the
dwelling does not materially differ from, nor adversely affect, the amenities
of the adjacent residences, or lhe neighbourhood in which it is located. The
Authority may require special access and safety features to be provided for
the occupants before occupancy is permitted.
39 Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may
be waived in the case of communication masts and antennae, flagpoles, water
towers, spires, belfries, or chimneys, but any such waiver which results in an
increase of more than 20% in the permitted height of the structure shall only
be authorized under the provisions of Regulation 11.
4 . Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be
erected or used unless it complies with the following requirements:
(a)
The structure shall be at least 600 m from a residence, (except
a farm residence or a residence which is a non-conforming use
Part JI - General Developmelll Standards
ge 15
in any zone in which agriculture is a permitted use class i the
Use Zone Tables in Schedule C of these Regulations), and,
from an area designated for residential use in an app oved
Plan, and, from a Provincial or Federal Park.
(b)
The structure shall be at least 60 m from the boundary f the
property on which it is to be erected.
(c)
The structure shall be at least 90 m from the centre Jin of a
street.
(d)
The erection of the structure shall be approved by the D part-
ment of Forestry & Agriculture and the Department of nvi-
ronment & Lands.
(2)
No development for residential use shall be permitted within 60 m of
an existing structure designed to contain more than five animal units
unless the development is first approved by the Departme t of
Forestry & Agriculture.
41. Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alie ation
of any portion thereof or otherwise, so that any building or st cture
on such lot shall have a lot coverage that exceeds, or a front yar , rear
yard, side yard, frontage or lot area that is less than that permit ed by
these Regulations for the zone in which such lot is located.
(2)
Where any part of a lot is required by these Regulations o be
reserved as a yard, it shall continue to be so used regardless f any
change in the ownership of the lot or any part thereof, and sh
be deemed to form part of an adjacent lot for the purpose of co put-
ing the area thereof available for building purposes.
42. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more
lots already exist in any residential zone, with insufficient frontage or
ea to
permit the owner or purchaser of such a lot or lots to comply wi h the
provisions of these Regulations, then these Regulations shall not prev nt the
issuing of a permit by the Authority for the erection of a dwelling the eon,
Part I - General De1-elopmc11t S1a11dards
Page 16
pro ided that the Jot coverage and height are not greater than, and the yards and
floo area are not Jess than the standards set out in these Regulations.
43. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C
of these Regulations, no residential or commercial building shall be erected
unless the lot on which it is situated fronts directly onto a street or forms part
of a Comprehensive Development Scheme.
44. Mobile Hornes
(1)
· Groups of more than five mobile homes shall be located only in
approved mobile home parks and mobile home subdivisions in
Residential Use Zones so designated and shall conform to the
requirements of the Provincial Mobile Home Development Regu-
lations currently in effect.
(2)
No development permit shall be issued for a mobile home Jot unless
it conforms with the requirements of Regulation 23 of the Mobile
Home Development Regulations.
45 Non-Conforming Uses
(1)
Any legal use of buildings or land at the date of the coming into effect
of these Regulations may although not conforming with the Regulat-
ions of the Use Zone in which they are located:
(a)
be continued, or;
(b)
be changed to another non-conforming use if after notice of an
application to change the use has been given in accordance with
Regulation 22 and consideration given to any objections or
representations which may have been received on the matter,
it is the Authority's opinion, that the new use is more com-
patible with the permitted use(s) in the Use Zone in which the
building is located.
(2)
A building, which is legally used for a purpose not permissible within
the zone in which it is located, shall not be enlarged, extended,
reconstructed, or altered structurally, unless such building is thereafter
to be used for a purpose permitted within that zone, provided that:
Part II - General Development Standards
age 17
(a)
the interior of such building may be permitted by the Aut ority
to be reconstructed or altered, in order to render it more
convenient or commodious for the same purpose for whic such
building is legally used;
(b)
any building which at the date of the coming into effect o these
Regulations is being used in a zone where such use s not
permissible may be permitted by the Authority to be
tered
structurally or extended by not more than fifty percent of its
original floor area if such alterations or extensions conf rm to
all the requirements of these Regulations except thos per-
taining to land use, and are confined to the existing lot.
(3)
A building which is legally used for any purpose but which do s not
conform to the Regulations of the Use Zone in which it is locate , and
which subsequently suffers damage or deterioration to an
greater than fifty percent of its replacement value, excluding Ian , shall
not be reconstructed except in conformity with the Regulations
r the
Use Zone in which such building is located, provided that:
(a)
the owner of such building may within one year of such d mage
taking place make application to the Authority for a pe
it to
reconstruct the building for the same purpose for which it was
legally used.
(b)
the Authority shall before the expiration of sixty (60) day from
the day on which a complete application is received to co struct
such a building:
(i)
serve a notice of expropriation in accordance w· h the
Act, or;
(ii)
indicate its willingness to issue a permit to d velop
providing that the reconstruction of the buildin con-
forms to all the requirements of these Regu ations
except those pertaining to land use, and that an such
development takes place within the existing curti ge of
the lot.
Pa 11 - General Dc;-clopment Standards
Page 18
46 Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous
by causing or promoting fires or other hazar~ or which may emit noxious,
offensive or dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit,
excessive noise or vibration, or create any nuisance that has an unpleasant
effect on the senses unless its use is authorized by the Authority and any other
authority having jurisdiction.
4
Offstreet Parking Requirements
(1)
For every building, structure or use to be erected, enlarged or
established, there shall be provided and maintained a quantity of off-
street parking spaces sufficient to ensure that the flow of traffic on
adjacent streets is not impeded by the on-street parking of vehicles
associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building,
structure, use of occupancy shall conform to the standards set out in
Schedule D of these Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings,
shall be made accessible by means of a hard surfaced right-of-way at
least 3 m in width. Parking required in a Residential Zone shall be
provided on the same lot as the dwelling or dwellings. Parking space
for apartments shall be provided in the rear yard where possible. In
a Non-Residential Zone, parking spaces shall be provided within the
limits of the zone in which the use is situated and not more than 200
m distant from the use concerned.
( 4)
The parking facilities required by this Regulation shall, except in the
case of single or attached dwellings, be arranged so that it is not
necessary for any vehicle to reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four
vehicles are required or permitted:
(a)
parking space shall mean an area of land, not less than 15 m1
in size, capable of being used for the parking of a vehicle
without the need to move other vehicles on adjacent areas;
Part II - General Development Standards
Pa
19
(b)
the parking area shall be constructed and maintained to
e
specifications of the Authority;
(c)
the lights used for illumination of the parking area shall be so
arranged as to divert the light away from adjacent developme t;
(d)
a structure, not more than 3 m in height and more than 5 m
area may be erected in the parking area for the use of atte
ants in the area;
( e)
except in zones in which a service station is a permitted use, no
gasoline pump or other service station equipment shall be
located or maintained on a parking area;
(f)
no part of any off-street parking area shall be closer than 1. m
to the front lot line in any zone;
(g)
access to parking areas in non-residential zones shall not be by
way of residential zones;
(h)
where a parking area is in or abuts a residential zone, a nat ral
or structural barrier at least 1 m in height shall be erected nd
maintained along all lot lines;
(i)
where, in the opinion of the Authority, strict application of he
above parking requirements is impractical or undesirable, he
Authority may as a condition of a permit require the develo er
to pay a service levy in accordance with these Regulation in
lieu of the provision of a parking area, and the full amoun of
the levy charged shall be used by the Authority for the pr vi-
sion and upkeep of alternative parking facilities within the
general vicinity of the development.
48. Off-Street Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or
established requiring the shipping, loading or unloading of ani als,
goods, wares or merchandise, there shall be provided and maintai ed
for the premises loading facilities on land that is not part of a st eet
comprised of one or more loading spaces, 15 m long, 4 m wide, nd
having a vertical clearance of at least 4 m with direct access to a st eet
or with access by a driveway of a minimum width of 6 m to a str et.
Part 1 - General Development Standards
Page 20
(2)
The number of loading spaces to be provided shall be determined by
the Authority.
(3)
The loading facilities required by this Regulation shall be so arranged
that vehicles can manoeuvre clear of any street and so that it is not
necessary for any vehicle to reverse onto or from a street.
49. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation
areas or the establishment of parks and playgrounds in any zones provided
that such parks and playgrounds are not located in areas which may be
hazardous to their use and are not operated for commercial purposes.
50. Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the
owner or occupier to provide adequate anrl suitable landscaping or screening;
and for this purpose may require the submission of an application giving
details of the landscaping or screening, and these Regulations shall then apply
to that application. The provision of adequate and suitable landscaping or
screening may be made a condition of any development permit where, in the
opinion of the Authority, the JandscLJping or screening is desirable to preserve
amenity, or protect the environment.
51. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with
the provision of public services and public utilities if the use of that land is
necessary to the proper operation of the public service or public utility
concerned provided that the design and landscaping of any development of
any land so used is, in the opinion of the Authority, adequate to protect the
character and appearance of the area.
52. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such
purpose, and to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
~-
Part II - General Developme11t Standards
Pag 21
(c)
Accesses shall not be less than 7 metres wide and shall be cle rly
marked, and where a service station is located on a comer lot, he
minimum distance between an access and the intersection of str et
lines at the junction shall be 10 metres and the lot line betw en
entrances shall be clearly indicated.
53. Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on he
exposed sides of every building in order to provide access for the maintena ce
of that building.
54. Street Construction Standards
A new street may not be constructed except in accordance with and to he
design and specifications laid down by the Authority.
55. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the
purposes of calculating lot area and yard requirements, shall be consid ed
part of the self-contained dwelling.
56. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient ar a is
reserved to satisfy the yard and other allowances called for in the Use
in which it is located and the allowances shall be retained when the adja ent
land is developed.
57. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings w
are designed to form part of a zero lot line development or other compre en-
sive layout which does not, with the exception of dwelling unit floor rea,
meet the requirements of the Use Zone Table in Schedule C, provided that
the dwellings are designed to provide both privacy and reasonable acce s to
natural daylight and the overall density within the layout conforms to the
regulations and standards set out in the Use Zone Table apply wher the
layout adjoins other development.
P If III - Advelfiscmmts
Page 22
PART Ill· ADVERTISEMENTS
8. Permit Required
Subject to the provisions of Regulation 63, no advertisement shall be erected
or displayed in the Planning Area unless a permit for the advertisement is
first obtained from the Authority.
9. Form of Application
Application for a permit to erect or display an advertisement shall be made
to the authority in accordance with Regulation 16.
O. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or
over any highway or street reservation.
61. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an
advertisement shall be for a limited period, not exceeding two years, but may
be renewed at the discretion of the Authority for similar periods.
62. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may
require the removal of any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination,
or structural condition, or;
(b)
detrimental to the amenities of the surrounding area.
63. Advertisements Exem1>t from Control
The following advertisements may be erected or displayed in the Planning
Area without application to the Authority:
(a)
on a dwelling or within the curtilage 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 m
2
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 m
2
in area and relating to forestry operations or the location of logging
operations conducted on the land;
Part Ill· Adl'ertisemcllls
age 23
( d)
on land used for mining or quarrying operations, a notice boa d not
exceeding 1 m2 in area relating to the operation conducted n the
land;
(e)
on a dwelling or within the curtilage of a dwelling, one namepla e not
exceeding 0.2 m2 in area in connection with the practice of a
sional person carried on in the premises;
(f)
on any site occupied by a church, school, library, art gallery, m
institution or cemetery, one notice board not exceeding 1 m2 i
(g)
on the principal facade of any commercial, industrial or
building, the name of the building or the name of the occupants f the
building, in letters not exceeding one-tenth of the height of that acade
or 3 m, whichever is the lesser;
(h)
on any parking lot directional signs and one sign not exceedin I m2
in size, identifying the parking lot.
64. Approval Subject to Conditions
A permit may only be issued for the erection or display of advertis
ents
which comply with the appropriate conditions and specifications set out in the
Use Zone Tables in Schedule C of these Regulations.
65. Non-Conforming Uses
Notwithstanding the provisions of Regulation 58, a permit may be used or the
erection or display of advertisements on a building or within the curtil ge of
a building or on a parcel of land, the use of which is a non conformi g use,
provided that the advertisement does not exceed the size and t e of
advertisement which could be permitted if the development was in
Use
Zone appropriate to its use, and subject to any other conditions d emed
appropriate by the Authority.
Pa W - Subdivision of La11d
Page 24
PART IV . SUBDMSION OF LAND
6
Permit Required
No land in the Planning Area shall be subdivided unless a permit for the
development of the subdivision is first obtained from the Authority.
6 . Services to be Provided
No permit shall be issued for the development of a subdivision unless
provisions satisfactory to the Authority have been made in the application for
a supply of drinking water, a properly designed sewage disposal system, and
a properly designed storm drainage system.
Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until
agreement has been reached for the payment of all fees levied by the
Authority for connection to services, utilities and streets deemed necessary for
the proper development of the subdivision, and all service levies and other
charges imposed under Regulations 12 and 13.
6
lssu1~ of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the
development of a subdivision does not contribute to the orderly growth of the
municipality and does not demonstrate sound design principles. In consider-
ing an application, the Authority shall, without limiting the generality of the
foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and
utilities;
( c)
the provisions of the Plan and Regulations affecting the site;
(d)
the land use, physical form and character of adjacent developments;
( e)
the transportation network and traffic densities affecting the site;
(f)
the relationship of the project to existing or potential sources of
nuisance;
(g)
soil and subsoil characteristics;
(h)
the topography of the site and its drainage;
(i)
natural features such as lakes, streams, topsoil, trees and shrubs;
(j)
prevailing winds;
(k)
visual quality;
Part
- Subdil>isicm of La11d
(I)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
70.
uilding Permits Required
rage 25
Notwithstanding the approval of a subdivision by the Authority, a separate
building permit shall be obtained for each building proposed to be erected in
the area of the subdivision, and no building permit for any building in the
area shall be issued until the developer has complied with all the provisions
of these Regulations with respect to the development of the subdivision.
71.
onn of Application
Application for a permit to develop a subdivision shall be made to the
Authority in accordance with Regulation 16.
72.
l!bdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use
Zones delineated on the Zoning Maps.
73.
uilding Lines
The Authority may establish building lines for any subdivision street and
require any new building to be located on such building lines.
74. Land for Public Open Space
( 1)
Before a development commences, the developer shall, if required,
dedicate to the Authority, at no cost to the Authority, an area of land
equivalent to not more than 10% of the gross area of the subdivision
or 25 m2 for every dwelling unit permitted in the subdivision, which-
ever is the greater, for public open space, provided that:
(a)
where land is subdivided for any purpose other than residential
use, the Authority shall determine.the percentage of land to be
dedicated;
(b)
if, in the opinion of the Authority, no public open space is
required, the land may he used for such other public use as the
Authority may determine;
--
Pan W - Subdivisio11 of La;id
Page 6
(c)
the location and suitability of any land dedicated under t e
provisions of this Regulation shall be subject to the approval of
the Authority but in any case, the Authority shall not ace
t
land which, in its opinion is incapable of development for
purpose;
( d)
the Authority may accept from the developer in lieu of su h
area or areas of land the payment of a sum of money equal to
the value of the land which would otherwise he required to e
dedicated;
(e)
money received by the Authority in accordance with Regulati n
74(1)(d) above, shall be reserved by the Authority for
e
purpose of the acquisition or development of land for pu
open space or other public purpose.
(2)
Land dedicated for public use in accordance with this Regulation s all
be conveyed to the Authority and may be sold or leased by he
Authority for the purposes of any development that conforms with he
requirements of these Regulations, and the proceeds of any sale or
other disposition of land shall be applied against the cost of acquisit on
or development of any other land for the purposes of public o en
space or other public purposes.
(3)
The Authority may require a strip of land to be reserved and rem in
undeveloped along the banks of any river, brook or pond, and this 1 nd
may, at the discretion of the Authority, constitute the requiremen of
land for public use under Regulation 74(1).
75. Structure in Street Reservation
The placing within any street reservation of any structure (for exampl , a
hydro pole, telegraph or telephone pole, fire hydrant, mail box, fire ala m,
sign post) shall receive the prior approval of the Authority which shall be
satisfied on the question of safe construction and relationship to the adjoi ing
buildings and other structures within the street reservation.
P rt W - S11b1/Msio11 of La11d
Page 27
7 . Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these
Regulations unless the design of the subdivision conforms to the following
standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter
of not less than 30 m.
(c)
The maximum length of any cul de sac shall be:
(i)
200m in areas served by or planned to be served by municipal
piped water and sewer services, as shown in the map and Jetter
of agreement signed by the Municipality and the Minister of
Municipal and Provincial Affairs in connection with municipal
five-year capital works program eligibility.
(ii)
300m in areas not served by or planned to be served by
municipal pipF.d water and sewer services.
( d)
Emergency vehicle access to a cul de sac shall be not less than 3 m
wide and shall connect the head of the cul de sac with an adjacent
street.
(e)
No cul de sac shall be located so as to appear to terminate a collector
street.
(f)
New subdivisions shall have street connections with an existing street
or streets.
(g)
All street intersections shall be constructed within s- of a right angle
and this alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street
intersection.
(i)
No more than four streets shall join at any street intersection.
(j)
No residential street block shall be longer than 490 m between street
intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with
the approved standards of the Authority, but in the absence of such
standards, shall conform to the following minimum standards:
Part W - Subdivision of Land
Page 28
Type of Street
Street
Pavement
Sidcwalk
Sidewal~
Reservation
Width
Width
Number
Arterial Streets
30 m
15 m
1.5 m
discretio~
of Coun it
Collector Streets
20 m
15 m
1.5 m
2
Local Residential Streets:
where more than 50%
15m
9m
1.5 m
1
or the units are single or
double dwellings;
where 50% or more of
20 m
9m
1.5 m
2
the units are row
houses or apartments.
Service Streets
15 m
9m
1.5 m
discrelic )1
o[ Coun ~ii
(I)
No lot intended for residential purposes shall have a depth exceed ng
four times the frontage.
(m)
Residential lots shall not be permitted which abut a local street at b1~th
front and rear lot lines.
(n)
The Authority may require any existing natural, historical or archit~c
tural feature or part thereof to be retained when a subdivision is
developed.
( o)
Land shall not be subdivided in such a manner as to prejudice he
development of adjoining land.
77. Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sew1~rs,
storm sewers and all appurtenances thereto and all streets, pav· g,
curbs, gutters and catch basins and all other utilities deemed necess ry
by the Authority to service the area proposed to be developed or
suhdivided shall be designed and prepared by or approved by he
Engineer. Sucb designs and specifications shall, upon approval by he
Authority, be incorporated in the plan of subdivision.
(2)
Upon approval by the Authority of the proposed subdivision, he
Engineer shall certify all work of construction layout preliminary to he
construction of the works and thereupon the developer shall proc ed
to the construction and installation, at his own cost and in accorda ce
with the approved designs and specifications and the construe ion
layout certified by the Engineer, of all such water mains, hydra ts,
Pa W - Subdivisio11 of Land
Page 29
sanitary sewers and all appurtenances and of all such streets and other
works deemed necessary by the Authority to service the said area.
7 - Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges
for the preparation of designs and specifications and for the layout and
supervision of construction; such fees and charges being percentages of the
total cost of materials and labour for the construction and installation of all
works calculated in accordance with the Schedule of Fees recommended by
the Association of Professional Engineers of Newfoundland and in effect at
the time the work is carried out.
7 - Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins,
sidewalks and paving specified by the Authority as being necessary, may, at
the Authority's discretion, be deferred until a later stage of the work on the
development of the subdivision but the developer shall deposit with the
Authority bdore approval of his application, an amount estimated by the
Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the work of development, the
Authority shall call for tenders for the work of construction and installation
of the works, and the amount so deposited by the developer shall be applied
towards payment of the contract cost. If the contract cost exceeds the deposit,
the developer shall pay to the Authority the amount of the excess. If the
contract price is less than the deposit, the Authority shall refund the amount
by which the deposit exceeds the contract price. Any amount so deposited
with the Authority by the developer shall be placed in a separate savings
account in a hank and all interest earned thereon shall he credited to the
developer.
O. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land
and upon request of the Authority, transfer to the Authority, at no cost
Part W - Subdivisio11 of Land
Pag 30
to the Authority, and clear of all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivi
which are approved and designated by the Authority for pu
uses as streets, or other rights-of-way, or for other public u e;
(b)
all services or public works including streets, water supply
d
distribution and sanitary an storm drainage systems installe in
the subdivision that are normally owned and operated by he
Authority.
(2)
Before the Authority shall accept the transfer of lands, services or
public works of any subdivision, the Engineer shall, at the cost to he
developer, test the streets, services and public works installed in he
subdivision and certify his satisfaction with their installation.
(3)
The Authority shall not provide maintenance for any street, servic or
public work in any subdivision until such time as such street, servic or
public work has been transferred to and accepted hy the Authorit .
81. 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 he issued until the
Authority is satisfied that:
(a)
the lot can be served with satisfactory water supply and sew ge
disposal systems, and;
(b)
satisfactory access to a street is provided for the lots.
82. Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision fur the groupin of
building types and for landscaping in order to enhance the vi ual
aspects of the completed development and to make the most us of
existing topography and vegetation.
(2)
Building groupings, once approved by the Authority, shall no be
changed without written application to and subsequent approval o the
Authority.
Part V - Use Zones
Page 31
PART V - USE ZONES
83.
se Zones
(1)
For the purpose of these Regulations, the Planning Area is divided
-f-
into Use Zonts which are shown on the Zoning Map attached to and
forming part of these Regulations.
(2)
Subject to Regulation 83(3), the permitted use classes, discretionary
use classes, standards, requirements and conditions applicable to each
Use Zone are set out in the Use Zone Tables in Schedule C of these
Regulations.
(3)
Where standards, requirements and conditions applicable in a Use
Zone are not set out in the Use Zone Tables in Schedule C, the
Authority may in its discretion, determine the standards, requirements
and conditions which shall apply.
84. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone
Tables in Schedule C shall be determined by the Authority in accordance with
the classification and examples set out in Schedule B,
85. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use
Classes set out in the ::ippropriate Use Zone Table in Schedule C shall be
permitted by the Authority in that Use Zone.
86. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use
Classes set out in the appropriate Use Zone Table in Schedule C may be
permitted in that Use Zone if the Authority is satisfied that the development
would not be contrary to the general intent and purpose of these Regulations,
the Municipal Plan, or any further scheme or plan or regulation pursuant
thereto, and to the public interest, and if the Authority has given notice of the
application in accordance with Regulation 22 and has considered any
objections or representations which may have been received on the matter.
Part V - Use Zo11cs
Page 32
87. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretion ry Use
Classes set out in the appropriate Use Zone Tables in Schedule C, s all not
be permitted in that Use Zone.
Sc11ed le A - Defi11itfrms
Page I
SCHEDULE A
DEFINITIONS
AC
SS: A way, intended for use by vehicles, pedestrians or animals as a means of
goin from a road, street or highway to land adjacent to it.
AC
SSORY BUILDING: A detached subordinate building not used for human
habi ation, located on the same lot as the main building structure or use to which it
is a cessory, the use of which is naturally or customarily incidental and comple-
men ary to the main use of the building, land or structure, and shall include:
(a)
in the case of residential uses: domestic garages, carports, ramps,
sheds, swimming pools, greenhouses, cold frames, fuel sheds, vegetable
storage cellars, shelters for domestic pets, or radio and television
antennae;
(b)
in the case of commercial uses: workshops or garages;
(c)
in the case of industrial uses: garages, offices, raised ramps and docks.
AC : The Urban and Rural Planning Act.
RTISEMENT: Any word, letter, model, sign, placard, board, notice, device or
rep esentation, whether illuminated or not, in the nature of and employed wholly or
rt for the purposes of advertisement, announcement or direction; excluding such
s employed wholly as a memorial, or functional udvertisement of Councils, or
oth r local authorities, puhlic utilities and public transport undertakers, and including
any boarding or similar structure used or adapted for use for the display of
adv rtisements.
ICULTURE: Horticulture, fruit growing, grain growing, seed growing, dairy
far ing, the breeding or rearing of livestock, including any creature kept for the
pro uction of food, wool, skins, or fur, or for the purpose of its use in the farming
of I nd, the use of land as grazing land, meadow land, osier land, market gardens and
nur ery grounds and the use of land for woodlands where that use is ancillary to the
far ing of land for any other purpose. "Agricultural" shull be construed accordingly.
Schedule A - Deji11itio11S
p c 2
AMUSEMENT USE: The use of land or buih.lings equipped ror the playin of
electronic, mechanical, or other games and amusements including electronic ga es,
pinball games and slot machine arcades and billiard and pool halls.
ANIMAL UNIT: Any one of the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
1 cow (including calf);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers hascd
on 453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = I unit).
APARTMENT l.IUILDING: A building containing three or more dwelling units but
does not include a row dwelling.
APPEAL BOARD: The appropriate Appeal Board established uuder the Act.
ARTERIAL STREET: The streets in the Planning Area constituting the main tr ffic
arteries of the area and defined as arterial streets or highways in the Municipal Ian
or on the Zoning Map.
BOARDING HOUSE: A dwelling in which at least 2 rooms arc regularly rent d to
persons other than the immediate family of the owner or tenant.
BUILDING: Every structure, erection, excavation, alteration or improve ent
whatsoever placed on, over or under land, or attached, anchored or moored to and,
and includes mobile structures, vehicles and marine vessels adapted or constr cted
for residential, commercial, industrial and other like uses, and any part of a bui ding
as so defined and any fixtures that form part of a building.
Selic 11/c A - Dcji11itimu
Page 3
BUI DING LINE: A line established by the Authority to set the horizontal distance
. be een the closest point of a building and the street line_
CO LECTOR STREET: A street that is designed to link local streets with arterial
stre ts and which is designated as a collector street in the Municipal Plan, or on the
Zo ing Map.
DA CARE CENTRE or DAY NURSERY: A building or part of a building in which
se 'ces and activities are regularly provided to children of pre-school age during the
full daytime period as defined under the Day Nurseries Act, but does not include a
sch ol as defined by the Schools Act.
LOPMENT: The carrying out of any building, engineering, mining or other
op ations in, on, over, or under land, or the making of any material change in the
or the intensity of use of any land, buildings, or premise and without limiting the
ge erality of the foregoing, shall specifically include:
(a)
the making of an access onto a highway, road or way;
(b)
the erection of an advertisement or sign;
(c)
the parking of a trailer, or vehicle of any description used for the sale
of refreshments or merchandise, or as an office, or for Jiving accom-
modation, for any period of time;
an shall exclude:
( d)
the carrying out of works for the maintenance, improvement or other
alteration or any building, being works which affect only the interior
of the building or which do not materially affect the external appear-
ance or use of the building;
(e)
the carrying out by a highway authority of any works required for the
maintenance or improvement of a road, being works carried out on
land within the boundaries of the road reservation;
(f)
the carrying out by any local authority or statutory undertakers of any
works for the purpose of inspecting, repairing or renewing any sewers,
mains, pipes, cables or other apparatus, including the breaking open
of any street or other land for that purpose;
(g)
the use of any building or land within the curtilage of a dwelling house
for any purpose incidental to the enjoyment of the dwelling house as
such.
Schedule A - Definirilms
Pag 4
DIRECTOR: The Director of Urban and Rural Planning.
DOUBLE DWELLING: A building containing two dwelling units, placed one abo e
the other, or side by side, but does not include a self-contained dwelling containi g
a subsidiary apartment.
DWELLING UNIT: A self-contained unit consisting of one or more habitable roo s
used or designed as the living quarters for one household.
ENGINEER: A professional engineer employed or retained by the Authority.
FAMILY AND GROUP CARE CENTRE: A dwelling accommodating up to but o
more than six (6) persons exclusive of staff in a home-like setting. Subject to the s ze
limitation, this definition includes, but is not limited to, the facilities calJed "Gro p
Homes", "Halfway House", and "Foster Home".
FLOOR AREA: The total area of all floors in a building measured lo the outside f ce
of exterior walls.
FRONTAGE:
The horizontal distance between side lot lines measured at he
building line.
FRONT YARD DEPTH: The distance between the front lot line of a lot and the fr nt
wall of the main building on the lot.
GARAGE: A building erected for the storage of motor vehicles as an ancillary se
to a main building on the lot.
GENERAL INDUSTRY: The use of land or buildings for the purpose of stor ng,
assembling, altering, repairing, manufacturing, fabricating, packing, cann ng,
preparing, breaking up, demolishing, or treating any article, commodity or substa ce.
"Industry" shall be construed acconlingly.
Selic 11/e A - Deji11ilio11s
Page 5
GE ERAL GARAGE: Land or buildings used exclusively for repair, maintenance
and storage of motor vehicles and may include the sale of gasoline or diesel oil.
RDOUS INDUSTRY: The use of land or buildings for industrial purposes
inv lving the use of materials or processes which because of their inherent
cha acteristics, constitute a special fire, explosion, radiation or other hazard.
JN PECTOR: Any person appointed and engaged as an Inspector by the Authority
or y any federal or provincial authority or the agent thereof.
IN TJTUTJON: A building or part thereof occupied or used by persons who:
(a)
are involuntarily detained, or detained for penal or correctional
purposes, or whose liberty is restricted, or;
(b)
require special care or treatment because of age, mental or physical
limitations or medical conditions.
LA D: Includes land covered by water, and buildings and structures on, over, or
un er the soil and fixtures that form part of these buildings and structures.
LI HT INDUSTRY: Use of any land or buildings for any general industrial use that
ea be carried out without hazard or intrusion and without detriment to the amenity
of he surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot,
as , dust, glare or appearance.
CAL STREET: A street designed primarily to provide access to adjoining land and
ich is not designated as a collector street or arterial street in the Municipal Plan,
or on the Zoning Map.
L DGING HOUSE: A dwelling in which at least 2 rooms are regularly rented to
p rsons other than the immediate family of the owner or tenant.
T: Any plot, tract or parcel of land which can be considered as a unit of land for
a articular use or building.
Schedule A - Defil1ilions·
P ge 6
LOT COVERAGE: The combined area of all buildings on the lot measured a the
level of the lowest floor above the established grade expressed as a percentage o the
total area of the lot.
LOT AREA: The total horizonal area within the lot lines of the lot.
MINERAL WORKING: Land or buildings used for the working or extraction o any
naturally occurring substance.
MOBILE HOME: A transportable factory-built single family dwelling unit:
(a)
which complies with space standards substantially equal to those laid
down in the Canadian Code for Residential Construction and s in
accordance with the construction standards laid down and all
ther
applicable Provincial and Municipal Codes and;
(b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile horn lot,
and subsequently supported on its own wheels, jacks, pos s or
piers, or on a permanent foundation and;
(ii)
connected to exterior public utilities approved hy the Auth rity,
namely, piped water, piped sewer, electricity and telepho e, in
order for such mobile home unit to be suitable for year r und
term occupancy.
MOBILE HOME PARK: A mobile home development under single or "oint
ownership, .cared for and controlled by a mobile home park operator
individual mobile home lots are rented or leased with or without mobile home nits
placed on them and where ownership and responsibility for the maintenanc
development of site facilities including underground services, access roads, corn
areas, snowclearing and garbage collection, or any of them, arc the rcsponsibil ty of
the mobile home park management, and where the mobile home developm nt is
classified as a mobile home park by the Authority.
MOBILE HOME SUBDIVISION: A mobile home development requirin
the
subdivision of land whether in single or joint ownership into two or more pie es or
parcels of land for the purpose of locating thereon mobile home units under e ther
Selic 11/e A - Defi11itiot1s
Page 7
fre
old or leasehold tenure and where the maintenance of streets and services is the
res onsibility of a municipality or public authority, and where the mobile home
dev lopment is classified as a mobile home subdivision by the Authority.
O
ER: Any person, firm or corporation controlling the property under consider-
PI AND QUARRY WORKING: Carries the same meaning as Mineral Working.
RE R YARD DEPTH: The distance between the rear lot line and the rear wall of
the main building on the lot.
STAURANT: A building or part thereof, designed or intended to be used or
oc upied for the purpose of serving the general public with meals or refreshments
for const1mption on the premises.
R W DWELLING: Three or more dwelling units at ground level in one building,
ea h unit separated vertically from the others.
S ASONAL RESIDENCE: A dwelling which is designed or intended for seasonal or
re reational use, and is nol intended for use as permanent living quarters.
S RVICE STATION: Any land or building used exclusively for the sale of petroleum
pr ducts, automotive parts and accessories, minor repairs, washing and polishing of
m tor vehicles.
S RVICE STREET: A street constructed parall~l to or close to another street for the
p rpose of limiting direct access to that street.
S OP: A building or part thereof used for retail trade wherein the primary purpose
is the selling or offering for sale of goods, wares or merchandise by retail or the
s Hing or offering for sale of retail services but does not include an establishment
w erein the primary purpose is the serving of meals or refreshments, an amusement
u e, a general garage, or a service station.
Schedule A - Dtfinitio11s
Page 8
SHOPPING CENTRE: A group of shops and complementary uses with integral d
parking and which is planned, developed and designed as a unit containing a
minimum of 5 retail establishments.
SIDEYARD WIDTII: The distance between a side lot line and the nearest side w II
of any building on the lot.
SHOWROOM: A building or part of a building in which samples or patterns re
displayed and in which orders may be taken for goods, wares or merchandi e,
including vehicles and equipment, for later delivery.
STREET: Any street, road or highway or any other way designed or intended or
public use for the passage of vehicles and pedestrians, owned by the Authority or
other public agency and maintained at public expense, and is accessible to
ire
Department vehicles and equipment.
STREET LINE: The edge of a street, road or highway reservation as defined by he
authority having jurisdiction.
SUBDIVISION: The dividing of any land, whether in single or joint ownership, nto
two or more pieces for the purpose of development.
SUBSIDIARY APARTMENT: A separate dwelling unit constructed within
nd
subsidiary to a self-contained dwelling.
TAKE-Otrr FOOD SERVICE: A building in which the primary purpose is the
preparation and sale of meals or refreshments for consumption off the premis s.
TA VERN: Includes a nightclub and means a building licensed or licensable unde the
Liquor Control Act wherein meals and food may be served for consumption o the
premises and in which entertainment may be provided.
USE ZONE or ZONE: An area of land including buildings und water designat d on
the Zoning Map to which the uses, standards and conditions of a purticular Use
Zone Table in Schedule C of the Regulations relate.
ZONING MAP: The map or maps attached to and forming part of the Regula ions.
Selic J1 le B
Page 1
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
NOT, : The classification of uses set out in the following table is based on the Classification of Typical
Occupancies included as Table 3.l .2A of the National Building Code of Canada, 19l!O. This
-
classification is reforred lo in Regulation 84.
GROUP
DIVISION
ClASS
EXAMPLES
A .- .SSEMBLY
I. Assembly Uses for
(a) The:otre
Motion Picture Theatres
USES
the production
T.V. Studios admilling an
and viewing of
audience.
the performing
arts.
2. General Assembly
(a) Cullural
Libraries
Uses
and Civic
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(h) General
Community Halls
Assemhly
Lodge l lalls
Dance Halls
Gymnasia
Auditoria
Bowling Alleys
(c) Educational
Schools
Colleges
(non- residential)
(d) Place of
Churches and similar
Worship
places of worship.
Church Halls
( e) Passenger
Passenger Terminals
Assembly
-
(I) Club and
Private Clubs and
Lodge
Lodges (non-residential)
(g) Catering
Restaurants
Bars
Lounges
(h) Funeral
Funeral Homes and
Home
Chapels
(i) Cl1ild Care
Day Care Centres
-
(j) Amusement
Electronic Games
Arcades
Pinball Parlours
Poolrooms
Schedule B
l'a;:t: 2
CLASSIFICATION OF USES 01' LANI> AND IIUILilINGS
GROUP
DIVISION
CLASS
EXA f{PLES
A. ASSEMBLY
3. Arena-type Uses
(a) Indoor
Arenas
USES
Assembly
Armouries
(continued)
Ice Rinks
Indoor Swi111 ming
Pools
4. Open-air Assembly Uses
(a) Outdoor
Dlcaehers
Assembly
Grandstands
Outdoor Ice Rinks
and Swimm ng
Pools
Amusement !Parks
and Fair-gr unds
Exhibiti<ln
Grounds
Drive-in The atrcs
B. INSTITU-
1. Penal and Correctional
(a) Penal and
.Jails
TIONAL
lnstitutio1rnl Uses
Correctional
Pcnilcnliaric :i
USES
Detention
Police Statio IS
(with detcn IOU
11uartcrs)
Prisons
l'sychiatric
I lospitals (- with
detention q ~arters)
Rcformatori ~s
2. Special Care
(a) Medical
Children's I untcs
Institutional Uses
Treatment
Convalescen Homes
and Special
llomes for .gcd
Care
I Iospitals
Infirmaries
I
Orphanages
Psychiatric
I
llospitals
Sanatoria
I
I
C. RESIDENTIAL
1. Residential
(a) Single
Single Dern hcd
USES
Dwelling
Dwelling
Dwellings
I
Uses
l'amily & G -oup
llomcs
(b) Double
Scmi·detacl ;cd
I
Dwelling
Dwelling
Duplex Dw llings
l'amily & G oup
I
Homes
(c) Row
Row llousc
Dwelling
Town Hous s
I
Family & G ~oup
llomcs
(d) Apartment
Apartments
I
Building
Family & C roup
Humes
I
I
Sc/1 dulc B
Pai;e 3
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLIIS
C RESIDENTIAL
2. General Residential Uses
(a) Collective
Residential
USES
(continued)
Residential
Colleges &
continued)
Schools
University &
College Halls
or Residence
Convents & Monasteries
Nurses and
Hospital Residences
(b) Boarding
Boarding Houses
House
Lodging Houses
Residential
(c) Commercial
Hotels & Motels
Residential
Hostels
Residential Clubs
( d) Seasonal
Summer Homes &
Residential
Cabins
Hunting & Fishing;
Cabins
(c) Mohile
Mobile Homes
llumcs
·-
--
<-
-
D. BUSINESS
1. Business, Professional, and
(a) omcc
Oflices (including
-
& PERSONAL
Personal Service Uses
c;ovcrnment
SERVICE
Oflices)
USES
Banks
h
(b) Medical &
Medical Offices
Professional
and Consulting
Rooms
Dental Offices &
Surgeries
I
Legal Offices
Similar Professional
Offices
( c) Personal
Barhcrs
Service
Hairdressers
Beauty Parlours
Small Appliance
...
Repairs
(d) General
Self-service
Service
Laundries
Ory Cleaners (not
using flammahlc
or explosive
substances)
Small Tool and
Appliance
Rentals
Travel Agents
Schedule B
I'll~( 4
CLASSIFICATION OF USES OF LANU ANU llUILUINGS
I
GROUP
DIVISION
CLASS
EXJ MPLES
D. BUSINESS &
1. Business,
(c) Cotnmunications
Radio Stali ns
l
PERSONAL
Professional
Telephone
SERVICE
& Personal
Exchange:
USES
Service Uses
(f) Police
Police Stati
I
(continued)
(continued)
nns
Station
without
I
detention
quarters
'
(g) Taxi Stand
Taxi Stands
I
(h) Take-out
Take-out F: od
Food Service
Service
I
(i) Veterinary
Veterinary
I
Surgeries
E. MERCANTILE
1. Retail Sale and
(a) Shopping
Shopping C -nlrcs
I
USES
Display Uses
Centre
(b) Shop
Retail Sho1 5 and
I
Stores an
Showroor s
Depart mi nt
I
Stores
(c) Indoor
Markel Ha s
Market
Auction Hi ls
I
(d) Outdoor
Markel Gf' unds
Market
Animal Ma kcts
Produce anJ
I
Fruit Star rls
Fish Stalls
.
( c) Convenience
Confection: ry
I
Store
Stores
Corner Sto CS
Gift Shops
I
Specially SI ops
F. INDUSTRIAL
I. Industrial uses involving
(a) llazanlous
Bulk Stora1 e of
I
USES
highly combustible and
Industry
hazardou
hazardous substances and
liquids an Ll sub~
processes.
stances.
I
Chemical P ants
Distilleries
Feed Mills
I
Lacquer, M al tress.,
Paint, Va nish,
and Ruhl br
Factories
i I
Spray Pain t ng
Sell -d11/e B
Pu~c 5
CLASSll'ICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
I INDUSTRIAL
2. General
(a) General
Factories
USES
Industrial
Industry
Cold Storage
(continued)
Uses involving
Plants
Limited
Freight Depots
Hazardous
General Garages
Substances and
Warehouses
Processes.
Workshops
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
(b) Service
Gasoline Service
Stal ion
Stations
Gas Bars
3. Light, Non-
(a) Light
Light Industry
hazardous or
Industry
Parking Garages
Nl>n-inlrusive
Indoor Storage
lmluslrial Uses.
Warehouses
Workshops
b. NON·
1. Uses nol directly
(a) Agriculture
Commercial Farms
BUILDING
related lo
Hobby Farms
USES
building
Market Gardens
& Nurseries
(b) Forestry
Tree Nurseries
Sitviculture
(c) Mineral
Quarries
Working
Pits
Mines
Oil Wells
( d) Recreational Open
Playing Fields
Space
Sports Grounds
Parks
Playgrounds
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural,
Historical and
Scenic Sites
Sleep Slopes
Wildlife
Sanctuaries
(f) Cemetery
Cemeteries
Graveyards
(g) Scrap Yard
Car Wrecking Yard'
Junk Yards
Scrnp Dealers
Schedule B
GROUP
G. NON-
BUILDING
USES
(continued)
Page 6
CLASSIFICATION OF USES OF LAND AND lllJILUINGS
DIVIBION
1. U scs not directly
related Lo building.
(continued)
CLASS
(h) Solid Waslc
(i) Animal
EltAMl'LES
Solid Watte
Disposa
Sanitary I and Fill
Incineral< rs
Animal P bumls
Kennels
I
I
I
Zoos
j
t------+---+--
(i) Antenna
(k) Transportation
TV, Radi h and
Commun"Utions
Transmit! ng and
Rcccivin~ Masts
and Ante nac
Airfields
Railway ' ards
Docks an I Harbours
1
N TE:
SCHEDULE C
USE ZONE TABLES
This schedule contains tables showing the use classes which may be
permitted or which may be treated as discretionary use classes for the
purpose of these Regulations. The tables also indicate the required
standards of development and may also include conditions affecting
some or all of the use classes.
The schedule contains tables for the following Use Zones:
Mixed Development
Rural
Sci edu/e C
Page 1
USE ZONE TABLE
::ONE TITLE
MIXED DEVELOPMENT
(North River)
I ERMITTED USE CLASSES· (see Regulation 85)
! ingle dwelling; double dwelling; and recreational open space.
)JSCRETJONARY USE CLASSES. (see Regulations 22 and 86)
.ow dwelling; apartment building; boarding house residential; mobile home; bed and breakfast
stablisbment; place of worsh.ip; educational; cultural and civic; general assembly; child care; all
jse classes in the business and personal services use group; convenience store; shop; indoor
!narket; service station; ligbt industry; catering; funeral home; cemetery; and antenna.
STANDARDS
WHERE PERMITTED
APARTMENT BUILDING
Single
Double
Row
Dwelling
Dwelling
Dwelling
1
2
3
4
Bed
Bed
Bed
Bed
Apt.
Apt.
Apt.
Apt.
-· -
Lot area (rn') minimum
650
550
450
300
400
450
500
see Condition 1)
-
-
-
-
-
-
(average)
lFloor area (m') minimum
80
80
65
50
60
70
80
-
-
-
-
-
-
. ·-
Frontage (m) minimum
20
30
14
42
-
(average)
-
- -
Building Line Se.tback (m)
8
8
10
10
(minimum)
Sideyard Width (m)
1
1
1
5
(minimum)
Rearyard Depth ( m)
15
15
15
15
(minimum)
Lot Coverage (%)
33
33
33
33
(minimum)
Height (m)
8
8
10
10
(See Conditions)
- Per dwelling unit
Sc edule C
Page 2
1.
2.
CONDITIONS FOR MIXED DEVELOPMENT ZONE
Lot Area (Unserviced)
For unserviced development, the minimum area of land required per dwelling
shall be at least 2787 m2, subject to the requirements of the Department of
Government Services and Lands.
Site Standards
(a)
Where permitted, a place of worship and an educational use shall
conform to the frontage, building line setback, sideyard, rearyard, lot
coverage and height requirements specified for a single dwelling.
(b)
The development standards for all other discretionary uses in this zone
shall be as follows:
(i)
Minimum Building Line Setback
8 metres
(ii)
Minimum Sideyards Width
5 metres
(iii)
Minimum Rearyard Dept.
10 metres
(iv)
Maximum Height
10 metres
3
Advertisements Relating to Cn3itc Uses
The conditions which shall apply to the erection or display of an advertise-
ment on any lot or site occupied by a use permitted or existing as a legal non-
conforming use in this use zone, shall be as follows:
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of the Authority, having regard
to the safety and convenience of users of adjacent streets and
si<lewalks, and the general amenities of the surrounding area.
(b)
No advertisement shall exceed S square metres in area.
Advertisements Relating to Off site Uses
The conditions to be applied to the erection or display of an advertisement
on any site, relating to a use permitted in this or another zone, or not relating
to a specific land use, shall be as follows:
(a)
Each advertisement shall not exceed three square metres 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.
Sc edule C
Page 3
C ditions for Mixed Development Zone (cont'd)
(c)
The location, siting and illumination of each advertisement shall be to
the satisfaction of the Authority, having regard to the grade and align-
ment of streets, the location of street junctions, the location of nearby
buildings and the preservation of the amenities of the surrounding
area.
5.
Archaeological Resources
(a)
The Authority shall refer any development involving significant
excavation or extensive site disturbance to the Historic Resources
Division of the Department of Tourism, Culture and Recreation before
issuing a development permit.
(b)
If an archaeological site or historical artifact are discovered during
construction, development shall stop and the Historic Resources
Division of the Department of Tourism, Culture and Recreation
consulted. Development shall not proceed until the Historic Resources
Divisions has evaluated the site.
6
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of the Authority provided that they are complementary to uses
within the permitted use classes or that their development will not inhibit or
prejudice the existence or the development of such uses.
7
Non-Residential Development
A non-residential development permitted as a discretionary use will be subject
to the following conditions:
(a)
The location and site lay-out of the non-residential development shall
such as to minimize the impact of traffic, noise, lighting, parking and
signage on surrounding residential uses.
(b)
The number of access to the street from non-residential uses shall be
limited by, and designed to the satisfaction of the Authority, having
regard to the safety and efficiency of the street for both vehicles and
pedestrians.
(c)
Adequate off-street and loading facilities shall be provided on the site
of the non-residential use.
(d)
Non-residential uses shall be landscaped to the satisfaction of the
Authority and provided with a stable surface to prevent raising or
movement of dust, clay, mud and loose particles.
Sc edu/e C
Page 4
C ditions for Mixed Development Zone (cont'd)
8.
Non-Residential Buffer
Where any non-residential use abuts a residential use, the owner of the site
of the non-residential development may be required to provide a buffer strip
between any non-residential building or activity and the residential use or
zone. The buffer shall include the provision of grass strips, hedges, trees or
shrubs, or structural barriers as may be required by the Authority, and shall
be maintained by the owner or occupier to the satisfaction of the Authority.
9.
Accessory Buildings
Accessory buildings shall have a lot coverage no greater than 7%, up to a
maximum of 56 square metres, and a height of no more than 3 metres.
1 .
Waterbody Buffers
The Authority shall retain a buffer of undisturbed vegetation along the
shoreline of all waterbodies and watercourses. No development, except for
fishing and marine uses, shall be located closer than 30 metres to North
River. For all other watercourses and waterbodies, a buffer of 15 metres shall
be retained.
Sciedule C
Page 5
USE ZONE TABLE
:-ONE TITLE
RURAL
(North River)
ERMITIED USE CLASSES - (see Regulation 85)
.11.griculture; forestry; cemetery; conservation; utilities; and recreational open space.
)!SCRETIONARY USE CLASSES - (see Regulations 22 and 86)
)utdoor assembly; single dwelling; seasonal dwelling; veterinary; outdoor market; general industry;
mimal; mineral working; and antenna.
CONDITIONS FOR RURAL ZONE
1
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertise-
ment on any lot or site occupied by a use permitted or existing as a legal non-
conforming use in this use zone, shall be as follows:
(a)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of the Authority, having
regard to the safety and convenience of users of adjacent streets and
sidewalks, and the general amenities of the surrounding area.
(b)
No advertisement shall exceed 5 square metres in area.
"
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement
on any site, relating to a use permitted in this or another zone, or not relating
to a specific land use, shall be as follows:
(a)
Each advertisement shall not exceed three square metres in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the
name and nature of the distance or direction to the premises to which
they relate.
(c)
The location, siting and illumination of each advertisement shall be to
the satisfaction of the Authority, having regard to the grade and
alignment of streets, the location of street junctions, the location of
nearby buildings and the preservation of the amenities of the surround-
ing area.
Sc edu/e C
Page 6
C nditions for Rural (cont'd.)
3.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of the Authority provided that they are complementary to uses
within the permitted use classes or that their development will not inhibit or
prejudice the existence or the development of such uses.
4.
Single Dwellings
Single dwellings shall be subsidiary to and part of an agriculture operation.
Dwellings shall only be permitted if the agricultural use has been in operation
for a year or longer. Such dwellings shall be subject to review and approval
of the Department of Government Services and Lands to ensure the safe
installation of an on-site septic system and private well.
5
Seasonal Dwelling
(a)
Minimum lot area as determined by the Department of Government
Services and Lands shall be sufficient to accommodate the long-term
functioning of an on-site septic system and private well.
(b)
Seasonal dwellings shall be substantially removed from any area of
urban development.
6
General Industry
(a)
Industrial uses shall be restricted to the maintenance and repair of
equipment, processing or storage related to an agriculture or forestry
use.
(b}
Unless the Authority is satisfied that the general industry will not
create a nuisance and will not adversely affect the amenity of the
surrounding area, the Authority shall require the provision of buffering
by the developer to the satisfaction of the Authority.
7
Mineral Working
(a)
Separation from Adjacent Uses
Unless the Authority is satisfied that the working will not create a
nuisance and will not adversely affect the amenity of the specified
development or 'natural feature, no mineral working shall be located
closer than the minimum distances set out below to the specified
development or natural features:
Sc~edule C
Page 7
C nditions for Rural (cont' d.)
Pit or Quarry Working
~xisting or proposed residential development
- where no blasting is involved
- where blasting is involved
\ny other developed area or area likely to be
leveloped during the life of the pit or quarry
.vorking
>ublic highway or street
Body of water or watercourse
(b)
Screening
Minimum Distance of
Mineral Working
300 metres
1000 metres
150 metres
50 metres
50 metres
A mineral working shall be screened in the following manner where it
is visible from a public street or highway, developed area, or area
likely to be developed during the life of the use:
(i)
Where tree screens exist between the mineral working and
adjacent public highways and streets or other land uses (except-
ing forestry and agriculture), the tree screen shall be retained
in a 30 metres wide strip of vegetation so that visibility of any
part of the use from the surrounding uses or streets will be
prevented. The tree screens must be maintained by the owner
or occupier of the use to retain 30 metres in a forested appear-
ance. Where vegetation dies or is removed from the 30 metre
strip, the Authority may require new trees of a minimum height
of 1 metre be planted to fill in the areas affected to the
satisfaction of the Authority, or at the discretion of the Author-
ity, condition (b) (ii) must be undertaken.
(ii)
Where no tree screen exist in sufficient width and density to
constitute a visual screen, earthen berms shall be constructed to
a height sufficient to prevent visibility of any part of the mineral
working from adjacent uses (excepting forestry and agriculture),
or adjacent public highways and streets. The berms shall be
landscaped to the Authority's satisfaction.
(iii)
Where natural topography creates a visual screen between
mineral workings and adjacent public highways and streets or
other land uses (excepting forestry and agriculture), additional
screening may not be required.
(iv)
Where effective screening for any mineral working or associated
processing or manufacturing use cannot be installed or located
as required in (i) - (iii) above, the Authority may refuse to
permit the use or associated activity.
(c)
Fencing
The Authority may require the mineral working site or excavation
areas of a pit or quarry working to be enclosed by a fence designed
and constructed to its specifications and no less than 1.8 metres in
height.
Page 8
C nditions for Rural (cont' d.)
(d)
(f)
Water Pollution
No mineral working or associated storm or sanitary drainage shall
unacceptably reduce the quality of water in any body of water or
watercourse. Any access road to a pit or quarry working which crosses
a brook or stream shall be bridged or culverted at the crossing in
accordance with the Regulations of the Department of Environment
and Labour.
Erosion Control
No mineral working shall be carried out in a manner so as to cause
erosion of adjacent land.
(g)
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles,
and abandoned equipment and any derelict buildings.
(h)
Access Roads
During extended periods of shutdown, access roads to mineral working
shall be ditched or barred to the satisfaction of the Authority.
(i)
Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured
and iron stained layer, shall be stripped and stockpiled at least 5
metres from active quarry or stockpile areas. The owner or operator
shall ensure that the quality of the topsoil is not affected by dilution
with other materials.
(j)
Termination and Site Rehabilitation
(i)
Upon completion of the mineral working, the following work
shall be carried out by the operator:
( 1)
All buildings, machinery and equipment shall be
removed.
(2)
All pit and quarry slopes shall be graded to slopes less
than 20° or to the slope confonning to that existing prior
to the mineral working.
(3)
Topsoil and any organic materials shall be re-spread
over the entire quarried area.
( 4)
The access road to the working shall be ditched or
barred to the satisfaction of the Authority.
(ii)
If the mineral working contains reserves of material sufficient
to support further extraction operations, the Authority may
require the work described to be carried out only in areas of
the site where extraction has depleted aggregate reserves.
Sc edule C
Page 9
C nditions for Rural (cont'd.)
7.
Accessory Buildings
Accessory buildings shall have a lot coverage no greater than 7%, up to a
maximum of 56 square metres, and a height of no more than 3 metres.
8.
Waterbody Buffers
The Authority shall retain a buffer of undisturbed vegetation along the
shoreline of all waterbodies and watercourses. No development, except for
fishing and marine uses, shall be located closer than 30 metres to North
River. For all other watercourses and waterbodies, a buffer of 15 metres shall
be retained.
9.
Referra Is
Permits may be issued in the following areas only after the Authority has
referred the proposal to the appropriate government agency as identified
below:
atercourse alternations, stream crossings or
illing of waterbodies
n proximity to a Blueberry Management Area
evelopment within 100 metres of the
roposed Conception Bay North Bypass Road
evelopment involving extensive site
'sturbance or excavation
Habitat Management Section
Fisheries and Oceans Canada
Water Resources Division
Department of Environment and Labour
Soil and Land Management Division
Department of Forest Resources and Agrifood
Highway Design Division
Department of Works, Services and
Transportation
Historic Resources Division
Department of Tourism, Culture and
Recreation
S< lied11/c D
Page J
SCHEDULED
OFF-STREET PARKING REQUIREMENTS
1
The offstreet parking requirements for uses in the various use classes set out in
Schedule B shall be as set out in the following table.
'
In the case of developments including uses in more than one use class, these stand-
..
ards shall he regarded as cumulative.
.
Adequate offstreet provision for drop-off and pick-up of persons shall be provided in
. .
developments where required, such as uses within the educations, passenger assembly,
child care, medical treatment and special care, commercial residential and t:ike-out
food service use classes.
G
D
R
I
0
v
u
I
CLASS
MINlMUM OFF-STREET PARKING REQUIREMENT
p
s
I
0
N
A
I
(a) Theatre
One space for every 5 seats.
2
(a) Cultural and
One space for every 50 square metres of gross floor ;ircas.
Civic
(h) General
One space for every 10 square metres of gross floor area.
Assembly
(c) Educational
Schools · 2 spaces for every class-
room.
Further education - I space for every 5 persons using the facil-
ities (students, faculty and staff).
(d) Place of
One space for every 5 seats.
Worship
( e) Passenger
As specified by the Authority.
Assembly
([) Club and
One space for every 3 persons that may he accommodated at one
Lodge
time.
(g) Catering
One space for every 3 customers that may be accommodated at
one time.
(h) Funeral Home
One space for every JO square metres of gross floor area.
(i) Child Care
One space for every 20 square metres of gross floor area.
G) A ~n usement
One space for every 10 square metres of gross floor area.
3
(a) ln<loor
One space for every JO spectators that may be accommodated at
Assembly
one time.
-
4
(a) Outdoor
As specified by the Authority:
Assembly
B
1
(a) Penal and
As specified by the Authority.
Correctional
Detention
c
2
(a) Medical
One space for every 2 patients.
Treatment
and Special
Care
1
(a) Single
Two spaces for every dwelling unit.
Dwelling
(b) Double
Two spaces for every dwelling unit.
Dwelling
( c) Row Dwelling
Two spaces for every dwelling unit.
·.~
G
D
R
I
0
v
u
I
CLASS
MINIMUM OFF-STREET PARKING REQ 'IREMENT
p
s
I
I
0
N
(d) Apartment
Three spaces for every 2-dwelliug units.
I
Building
2
(a) Collective
As specified by the Authority.
Residential
I .
(b) Commercial
One space for every guest roum.
Residential
'
( c) Seasonal
One space for every residential unit.
I
Residential
(d) Mobile Home
Two spaces for every dwelling unit.
I
D
1
(a) Office
One space for every 20 square metres of gross 0 Por area.
(b) Medical and
One space for every 20 square metres of gross 0 lOr area.
I
Professional
(c) Personal
One space for every 20 square metres of gross 0 ()Or area.
I
Service
(d) General
One space for every 20 square metres uf groes 0 oor area.
Service
'
(c) Communi-
As specified by the Authority.
cations
-
(I) Police
As specified by the Authority.
Station
(g) Taxi Stand
As specified by the Authority.
(h) Take-out
One space for every 20 square metres of gross f oor area.
Food Service
(i) Veterinary
One space for every 20 square metres of gross f oor area.
E
1
(a) Shopping
One space for every 15 square metres of gross I oor area.
Centre
(h) Shop
One space for every 211 square metres of gross I oor area.
(c) Indoor
As specified by the Authority.
Market
( d) Outdoor
As specified by Um Authority.
Market
(e) Convenience
One space for every 20 square metres of gross
oor area.
Stores
F
l
(it) Hazardous
One space for every employee.
Industry
2
(a) General
One space for every employee.
Industry
(h) Service
One space for every 211 si1uare mclrcs of gross .oor area.
Station
3
(a) Light
One space for e\'cry employee.
Industry
'
R!!;LJ\TIONSllIP BETWEEN CJ;,!ISSIFICllIION OF US!!; ll!!D USE ZONE TABLEi!
USE ZONES
Residenti~! ~ow Oensit~
i:l!\'!B !,d@!Jt !,al Hed~um Density;
Ree!,d!i!ntial High Densit~
Residential Infilling
Hixed DeveloBment
Commercial Residential
:!hoBeing Centre
Commercial General
USE CLASSES
Comm!i!rcia! Higbway;
Industr!,al - Hazardous
Industrial - Genet:al
Industr!,al - Ligbt
Educational
Institutional Co~[ectLonal
Institut~onal Med!,cal
fieO£Batio9al Aaeembl~
Becreational oeen s12ace
Solid HastelScrae
Minei;:al Wor]iings
Agric4lForestr~
§e~sonal Residence
Transport
Consez;:vation
I ~ural
llSSEMBLY USES
!Theatre
Cultural & Civil
General Assembly
Educational
Place of Worship
Passenger Assembly
Club & Lodge
Catering
Funeral Home
Child Care
Amusement
Indoor Assembly
Outdoor Assembly
INSTITUTIONAL USES
Penal & Correct-
ion"l Detention
Medical Treatment
& Special Care
RESIDENTIAL USES
Single Dwelling
Double Dwelling
-
.
Row Dwelling
Apartment Building
Collective -
Residential
Boarding House -
Residential
Commercial -
Residential
Seaeonal
Residential
Mobile Home
---IONSHIP BETWEEN CLASSIFICATION OF USE AND USE ZONE TABL s
USE ZONES
Bes~dent~al Low Den§~t~
-
Residential Medium Density
Resigential High Density
Resident h.! Infilling
Mixeg Qev~loE!!!!ent
Comme[cial Res!dent!al
ShOQI!ing Centr!
.USE CLASSES
Cgmmercial ~!ne[!l
Commercial Highway
J;ndustrial -
Hazardous
indusj;r~11l ... General
~ndustrhl - Light
Educational
Tnstitutional correcti nal
T-stitutional Me"''c:a
Recreational Asseml lv
Recreational Ooer Soace
Solid Wastelsci ao
Mineral Work' nas
""ric. /Fori strv
seasonal Residence
Tranenr rt
Cons- rvation
I ~u
al
BUSINESS & PERSONAL
SERVICl!l USES
Off.lee
Medical &
Profeseional
Personal Services
r--
communications
--
Police Station
..
Taxi Stand
Take-out Food Sve ..
Veterinary
MERCANTILE UsES
Shopping Centre
Shop
Indoor Market
·-
outdoor Market
...-
Convenience Store
INDUSTRIAL USES
I
Hazardous Industry
General Industry
I
Service Station
Light Industry
I
NON BUILDING USES
Agriculture
I
Forestry
Mineral Working
I
I--··
Recreational -
Open Space
I
Conservation
cemetery
Scrap Yard
solid waste
Animal
Antenna
-- - --
~ - f- --