Northern Arm, Newfoundland and Labrador
· adopted 2014-09-26
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Town of Northern Arm
Development Regulations
2013-2023
In Effect: September 26, 2014
(in NL Gazette)
Consolidation: No amendments as of January 15, 2015
PLAN-TECH
ENVIRONMENT
TABLE OF CONTENTS
Regulation
Page #
APPLICATION ................................................................................................................................ 1
1. Short Title ............................................................................................................................... 1
2. Interpretation ........................................................................................................................... 1
3. Commencement ...................................................................................................................... 1
4. Municipal Code and Regulations ............................................................................................ 1
5. Authority ................................................................................................................................. 1
PART I - GENERAL REGULATIONS .......................................................................................... 2
6. Compliance With Regulations ................................................................................................ 2
7. Permit Required ...................................................................................................................... 2
8. Permit to be Issued .................................................................................................................. 2
9. Permit Not to be Issued in Certain Cases ................................................................................ 3
10. Discretionary Powers of Authority ....................................................................................... 3
11. Variances ................................................................................................................................ 3
12. Notice of Variance ................................................................................................................ 4
13. Service Levy .......................................................................................................................... 4
14. Financial Guarantees by Developer ...................................................................................... 5
15. Dedication of Land for Public Use ....................................................................................... 5
16. Reinstatement of Land .......................................................................................................... 6
17. Form of Application .............................................................................................................. 6
18. Register of Application ......................................................................................................... 6
19. Deferment of Application ..................................................................................................... 6
20. Approval in Principle ............................................................................................................ 7
21. Development Permit ............................................................................................................. 7
22. Reasons for Refusing Permit ................................................................................................ 9
23. Notice of Right to Appeal ..................................................................................................... 9
24. Appeal Requirements ............................................................................................................. 9
25. Appeal Registration ............................................................................................................. 10
26. Development Prohibited ..................................................................................................... 10
27. Appeal Board ...................................................................................................................... 11
28. Appeals ............................................................................................................................... 11
29. Hearing Notice and Meetings ............................................................................................. 13
30. Hearing of Evidence ............................................................................................................ 13
31. Return of Appeal Fee .......................................................................................................... 14
32. Notice of Application .......................................................................................................... 14
33. Right of Entry ...................................................................................................................... 14
34. Record of Violations ........................................................................................................... 14
35. Stop Work Order and Prosecution ...................................................................................... 14
36. Delegation of Powers .......................................................................................................... 15
PART II - GENERAL DEVELOPMENT STANDARDS ............................................................ 16
37. Accesses and Service Streets .............................................................................................. 16
38. Accessory Buildings............................................................................................................ 16
39. Advertisements ................................................................................................................... 16
40. Buffer Strips ........................................................................................................................ 16
41. Building Height ................................................................................................................... 17
42. Building Line and Setback .................................................................................................. 17
43. Family and Group Care Centres .......................................................................................... 17
44. Height Exceptions ............................................................................................................... 17
45. Livestock Structures and Uses ............................................................................................ 18
46. Lot Area .............................................................................................................................. 18
47. Lot Area and Size Exceptions ............................................................................................. 19
48. Lot Frontage ........................................................................................................................ 19
49. Non-Conforming Use .......................................................................................................... 19
50. Offensive and Dangerous Uses ........................................................................................... 21
51. Offstreet Parking Requirements .......................................................................................... 21
52. Off-Street Loading Requirements ....................................................................................... 23
53. Parks and Playgrounds, and Conservation Uses ................................................................. 23
54. Screening and Landscaping ................................................................................................. 23
55. Services and Public Utilities ............................................................................................... 24
56. Service Stations ................................................................................................................... 24
57. Side Yards ........................................................................................................................... 24
58. Street Construction Standards ............................................................................................. 24
59. Subsidiary Apartments ........................................................................................................ 25
60. Unsubdivided Land ............................................................................................................. 25
61. Zero Lot Line and Other Comprehensive Development ..................................................... 25
PART III - ADVERTISEMENTS .................................................................................................. 26
62. Permit Required .................................................................................................................. 26
63. Form of Application ............................................................................................................ 26
64. Advertisements Prohibited in Street Reservation ............................................................... 26
65. Permit Valid for Limited Period ......................................................................................... 26
66. Removal of Advertisements ................................................................................................ 26
67. Advertisements Exempt from Control ................................................................................ 27
68. Approval Subject to Conditions .......................................................................................... 27
69. Non-Conforming Uses ........................................................................................................ 28
PART IV - SUBDIVISION OF LAND.......................................................................................... 29
70. Permit Required .................................................................................................................. 29
71. Services to be Provided ....................................................................................................... 29
72. Payment of Service Levies and Other Charges ................................................................... 29
73. Issue of Permit Subject to Considerations .......................................................................... 29
74. Building Permits Required .................................................................................................. 30
75. Form of Application ............................................................................................................ 30
76. Subdivision Subject to Zoning ............................................................................................ 30
77. Building Lines ..................................................................................................................... 30
78. Land for Public Open Space ............................................................................................... 31
79. Structure in Street Reservation ........................................................................................... 32
80. Subdivision Design Standards ............................................................................................ 32
81. Engineer to Design Works and Certify Construction Layout ............................................. 33
82. Developer to Pay Engineer's Fees and Charges .................................................................. 34
83. Street Works May Be Deferred ........................................................................................... 34
84. Transfer of Streets and Utilities to Authority ...................................................................... 34
85. Restriction on Sale of Lots .................................................................................................. 35
86. Grouping of Buildings and Landscaping ............................................................................ 35
PART V - USE ZONES ................................................................................................................. 36
87. Use Zones ............................................................................................................................ 36
88. Use Classes ......................................................................................................................... 36
89. Permitted Uses .................................................................................................................... 36
90. Discretionary Uses .............................................................................................................. 36
91. Uses Not Permitted ............................................................................................................. 37
Ministers' Regulations: ............................................................................................................... 38
Development Regulations under the Urban and Rural Planning Act, 2000 ...................... 38
SCHEDULE A - DEFINITIONS ................................................................................................ 46
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ......................... 58
SCHEDULE C - USE ZONE TABLES ......................................................................................... 64
SCHEDULE D - OFF-STREET PARKING REQUIREMENTS ................................................ 108
SCHEDULE E - LAND USE ZONING MAPS
1
TOWN OF NORTHERN ARM MUNICIPAL PLAN
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Northern Arm Development Regulations.
2. Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to
them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings which are
commonly assigned to them in the context in which they are used in the
Regulations.
3. Commencement
These Regulations come into effect throughout the Northern Arm Municipal Planning
Area, hereinafter referred to as the Planning Area, on the date of publication of a notice to
that effect in the Newfoundland and Labrador Gazette.
4. Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and
any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or
any other municipal regulations regulating or controlling the development, conservation
and use of land in force in the Town of Northern Arm, shall, under these Regulations
apply to the entire Planning Area.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Northern Arm.
2
PART I - GENERAL REGULATIONS
6. Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance with
these Regulations.
7. Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has been
issued by the Authority.
8. Permit to be Issued
Subject to Regulations 9 and 10, a permit shall be issued for development within the
Planning Area that conforms to:
(a)
the general development standards set out in Part II of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards,
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.
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9. Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the
Planning Area when, in the opinion of the Authority, it is premature by reason of the site
lacking adequate road access, power, sanitary facilities, or domestic water supply, or
being beyond the natural development of the area at the time of application unless the
applicant contracts to pay the full cost of construction of the services deemed necessary
by the Authority and such cost shall attach to and upon the property in respect of which it
is imposed.
10. Discretionary Powers of Authority
(1)
In considering an application for a permit or for approval in principle to carry out
development, the Authority shall take into account the policies expressed in the
Municipal Plan and any further scheme, plan or regulations pursuant thereto, and
shall assess the general appearance of the development of the area, the amenity of
the surroundings, availability of utilities, public safety and convenience, and any
other considerations which are, in its opinion, material, and notwithstanding the
conformity of the application with the requirements of these Regulations, the
Authority may, in its discretion, and as a result of its consideration of the matters
set out in this Regulation, conditionally approve or refuse the application.
(2)
An authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the authority's regulations
as discretionary, permitted or prohibited uses for that area
11. Variances
(1)
Where an approval or permit cannot be given by the Authority because a proposed
development does not comply with development standards set out in development
regulations, the Authority may, in its discretion, vary the applicable development
standards to a maximum of 10% if, in the authority's opinion, compliance with the
4
development standards would prejudice the proper development of the land,
building or structure in question or would be contrary to public interest.
(2)
The Authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
would have a cumulative effect that is greater than a 10% variance even though
the individual variances are separately no more than 10%.
(3)
The Authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing
development.
12. Notice of Variance
Where the Authority is to consider a proposed variance, the Authority shall give written
notice of the proposed variance from development standards to all persons whose land is
in the immediate vicinity of the land that is the subject of the variance, and allow a
minimum period of 7 days for response.
13. Service Levy
(1)
The Authority may require a developer to pay a service levy where development is
made possible or where the density of potential development is increased, or
where the value of property is enhanced by the carrying out of public works either
on or off the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Authority of constructing or improving the public works referred to
in Regulation 13(1) that are necessary for the real property to be developed in
accordance with the standards required by the Authority and for uses that are
permitted on that real property.
5
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefited by the public works related to all the
real property so benefited; and,
(b)
the density of development made capable or increased by the public work.
(4)
The Authority may require a service levy to be paid by the owner of the real
property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real property commences;
(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
14. Financial Guarantees by Developer
(1)
The Authority may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may be
required to guarantee the payment of service levies, ensure site reinstatement, and
to enforce the carrying out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the form of:
(a)
a cash deposit from the developer, to be held by the Authority, or;
(b)
a guarantee by a bank, or other institution acceptable to the Minister, for
expenditures by the developer, or;
(c)
a performance bond provided by an insurance company or a bank, or;
(d)
an annual contribution to a sinking fund held by the Authority, or;
(f)
another form of financial guarantee that the Authority may approve.
15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, the Authority
may require the dedication of a percentage of the land area of any subdivision or other
development for public use, and such land shall be conveyed to the Authority in
6
accordance with the provisions of the Act.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the Authority
may order the developer, the occupier of the site, or the owner or all of them to reinstate
the site, to remove all or any buildings or erections, to cover or fill all wells or
excavations, and to close all or any accesses, or to do any of these things or all of them, as
the case may be, and the developer, occupier or owner shall carry out the order of the
Authority and shall put the site in a clean and sanitary condition to the satisfaction of the
Authority.
17. Form of Application
(1)
An application for a development permit or for approval in principle shall be made
only by the owner or by a person authorized by the owner to the Authority on such
form as may be prescribed by the Authority, and every application shall include
such plans, specifications and drawings as the Authority may require, and be
accompanied by the permit fee required by the Authority.
(2)
The Authority shall supply to every applicant a copy of the application forms
referred to in Regulation 17(1) and a description of the plans, specifications and
drawings required to be provided with the application and any information or
requirements applicable to the application.
18. Register of Application
The Authority shall keep a public register of all applications for development, and shall
enter therein the Authority's decision upon each application and the result of any appeal
from that decision.
19. Deferment of Application
(1)
The Authority may, with the written agreement of the applicant, defer
consideration of an application.
7
(2)
Applications properly submitted in accordance with these Regulations which have
not been determined by the Authority and on which a decision has not been com-
municated to the applicant within eight weeks of the receipt thereof by the
Authority, and on which consideration has not been deferred in accordance with
Regulation 18(1), shall be deemed to be refused.
20. Approval in Principle
(1)
The Authority may grant approval in principle for the erection, alteration or
conversion of a building if, after considering an application for approval in
principle made under these Regulations, it is satisfied that the proposed develop-
ment is, subject to the approval of detailed plans, in compliance with these
Regulations.
(2)
Where approval in principle is granted under this Regulation, it shall be subject to
the subsequent approval by the Authority of such details as may be listed in the
approval in principle, which shall also specify that further application for approval
of these details shall be received not later than two years from the grant of
approval in principle.
21. Development Permit
(1)
A plan or drawing which has been approved by the Authority and which bears a
mark and/or signature indicating such approval together with a permit shall be
deemed to be permission to develop land in accordance with these Regulations but
such permission shall not relieve the applicant from full responsibility for
obtaining permits or approvals under any other regulation or statute prior to
commencing the development; from having the work carried out in accordance
with these Regulations or any other regulations or statutes; and from compliance
with all conditions imposed thereunder.
(2)
The Authority may attach to a permit or to approval in principle such conditions as
it deems fit in order to ensure that the proposed development will be in accordance
8
with the purposes and intent of these Regulations.
(3)
Where the Authority deems necessary, permits may be issued on a temporary basis
for a period not exceeding two years, which may be extended in writing by the
Authority for further periods not exceeding two years.
(4)
A permit is valid for such period, not in excess of two years, as may be stated
therein, and if the development has not commenced, the permit may be renewed
for a further period not in excess of one year, but a permit shall not be renewed
more than once, except in the case of a permit for an advertisement, which may be
renewed in accordance with Part III of these Regulations.
(5)
The approval of any application and plans or drawings or the issue of a permit
shall not prevent the Authority from thereafter requiring the correction of errors,
or from ordering the cessation, removal of, or remedial work on any development
being carried out in the event that the same is in violation of this or any other
regulations or statute.
(6)
The Authority may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit was
issued in error or was issued on the basis of incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter or thing in
being done for which a permit has been issued, a copy of the permit and any plans,
drawings or specifications on which the issue of the permit was based during the
whole progress of the work, or the doing of the matter or thing until completion.
9
22. 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.
23. Notice of Right to Appeal
Where the Authority makes a decision that may be appealed under section 42 of the Act,
the Authority shall, in writing, at the time of making that decision, notify the person to
whom the decision applies of the:
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
24. Appeal Requirements
(1)
The secretary of the Appeal Board at the Department of Municipal and Provincial
Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700, St.
John's, NL, A1B 4J6 is the secretary to all Appeal Boards in the province and an
appeal filed with that secretary within the time period referred to in subsection
42(4) of the Act shall be considered to have been filed with the appropriate Appeal
Board.
(2)
The fee required under section 44 of the Act shall be paid to the Appeal Board that
hears the decision being appealed by filing it with the secretary referred to in
subsection (1) or (2) within the 14 days referred to in subsection 42(4) of the Act.
(3)
The Appeal Board that hears the decision being appealed shall, subject to
subsection 44(3) of the Act, retain the fee paid to the Appeal Board.
(4)
Where an appeal of a decision and the required fee is not received by an Appeal
Board in accordance with this section and Part VI of the Act, the right to appeal
that decision shall be considered to have been forfeited.
10
25. Appeal Registration
(1)
Upon receipt of an appeal and fee as required under the Act and these regulations,
the secretary of the Appeal Board as referred to in subsections 24(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the Appeal Board shall notify
the Authority of the appeal and shall provide to the Authority a copy of the appeal
and the documentation related to the appeal.
(3)
Where the Authority has been notified of an appeal that Authority shall within one
week of notification forward to the appropriate board a copy of the application
being appealed, all correspondence, council minutes, plans and other relevant
information relating to the appeal including the names and addresses of the
applicant and other interested persons of whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate authority, a
notice that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
26. Development Prohibited
(1)
Immediately upon notice of the registration of an appeal the Authority shall ensure
that any development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to the Authority acting under subsection
(1).
11
(3)
Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, the Authority shall not carry out work related
to the matter being appealed.
27. Appeal Board
(1)
The minister may, by order, establish an Appeal Board and shall assign to the
Appeal Board a specific area of the province over which it shall have jurisdiction,
as outlined in section 40, of the Act.
28. Appeals
(1)
A person or an association of persons aggrieved of a decision that, under the
regulations, may be appealed, may appeal that decision to the appropriate Appeal
Board where the decision is with respect to
(a) an application to undertake a development;
(b) a revocation of an approval or a permit to undertake a development;
(c) the issuance of a stop work order; and
(d) a decision permitted under the Act or another Act to be appealed to the board.
(2)
A decision of the Authority to adopt, approve or proceed with a municipal plan, a
scheme, development regulations and amendments and revisions of them is final
and not subject to an appeal.
(3)
An Appeal Board shall not make a decision that does not comply with the
municipal plan, a scheme and development regulations that apply to the matter
being appealed.
(4)
An appeal shall be filed with the Appeal Board not more than 14 days after the
person who made the original application appealed from has received the decision
being appealed.
(5)
An appeal shall be made in writing and shall include
12
(a) a summary of the decision appealed from;
(b) the grounds for the appeal; and
(c) the required fee.
(6)
A person or group of persons affected by the subject of an appeal or their
representatives may appear before an Appeal Board and make representations
concerning the matter under appeal.
(7)
An Appeal Board may inform itself of the subject matter of the appeal in the
manner it considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance with the Act
and the municipal plan, scheme and regulations that have been registered under
section 24, of the Act, and having regard to the circumstances and merits of the
case.
(9)
A decision of the Appeal Board must comply with the plan, scheme or
development regulations that apply to the matter that has been appealed to that
board.
(10)
In determining an appeal, an Appeal Board may confirm, reverse or vary the
decision appealed from and may impose those conditions that the board considers
appropriate in the circumstances and may direct the Authority to carry out its
decision or make the necessary order to have its decision implemented.
(11)
Notwithstanding subsection (10), where the Authority may, in its discretion, make
a decision, an Appeal Board shall not make another decision that overrules the
discretionary decision.
13
(12)
The decision of a majority of the members of an Appeal Board present at the
hearing of an appeal shall be the decision of the Appeal Board.
(13)
An Appeal Board shall, in writing notify the appellant and the appropriate
Authority of the decision of the Appeal Board.
29. Hearing Notice and Meetings
(1)
An Appeal Board shall notify the appellant, applicant, authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal not
fewer than 7 days before the date scheduled for the hearing of the appeal.
(2)
An Appeal Board may meet as often as is necessary to conduct its work in an
expeditious manner.
30. Hearing of Evidence
(1)
An Appeal Board shall meet at a place within the area under its jurisdiction and
the appellant and other persons notified under regulation 29(1) or their
representative may appear before the Appeal Board and make representations with
respect to the matter being appealed.
(2)
An Appeal Board shall hear an appeal in accordance with section 43 of the Act
and these regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be considered to have been provided in the same
manner as evidence directly provided at the hearing of the Appeal Board.
(4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
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31. Return of Appeal Fee
Where an appeal made by an appellant under section 42 of the Act, is successful, an
amount of money equal to the fee paid by that appellant under regulation 24(2) shall be
paid to him or her by the Authority.
32. Notice of Application
The Authority may, and when a variance is necessary under Regulation 11 and the
Authority wishes to consider whether to authorize such a variance, when a change in
nonconforming use is to be considered under Regulation 49, or when the development
proposed is listed as a discretionary use in Schedule C of the Regulations shall, at the
expense of the applicant, give notice of an application for a permit or for approval in
principle, by public advertisement in a newspaper circulating in the area or by any other
means deemed necessary, and under Regulation 12 and the Authority shall give written
notice of the proposed variance from development standards to all persons whose land is
in the immediate vicinity of the land that is the subject of the variance, and allow a
minimum period of 7 days for response.
33. Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land
and may at all reasonable times enter any development or building upon the land for the
purpose of making surveys or examinations or obtaining information relative to the
carrying out of any development, construction, alteration, repair, or any other works
whatsoever which the Authority is empowered to regulate.
34. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to
his knowledge and report that violation to the Authority.
35. Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, the Authority may order that person to stop the development or work
15
connected therewith pending final adjudication in any prosecution arising out of
the development.
(2)
A person who does not comply with an order made under Regulation 35(1) is
guilty of an offence under the provisions of the Act.
36. Delegation of Powers
An authority shall, where designating employees to whom a power is to be delegated
under subsection 109(3) of the Act, make that designation in writing.
16
PART II - GENERAL DEVELOPMENT STANDARDS
37. Accesses and Service Streets
(1)
Access shall be located to the specification of the Authority so as to ensure the
greatest possible convenience and safety of the street system and the Authority
may prescribe the construction of service streets to reduce the number of accesses
to collector and arterial streets.
(2)
No vehicular access shall be closer than 9 metres to the street line of any street
intersection.
38. Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the use of
the main buildings in character, use and size, and shall be contained on the same
lot.
(2)
No accessory building or part thereof shall project in front of any building line.
(3)
The sideyard requirements set out in the use zone tables in these Regulations shall
apply to accessory buildings wherever they are located on the lot.
39. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part III of
these Regulations.
40. Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or
proposed residential area, or is separated from it by a road only, the owner of the site of
the industrial development shall provide a buffer strip not less than ten (10) metres wide
17
between any residential activity and the industrial area. The buffer shall include the
provision of such natural or structural barrier as may be required by the Authority and
shall be maintained by the owner or occupier to the satisfaction of the Authority.
41. Building Height
The Authority may permit the erection of buildings of a height greater than that specified
in Schedule C, but in such cases the building line setback and rearyard requirements shall
be varied as follows:
(1)
The building line setback shall be increased by 2 metres for every 1 metre increase
in height.
(2)
The rearyard shall not be less than the minimum building line setback calculated
as described in (1) above plus 6 metres.
42. Building Line and Setback
(1)
The Council, by resolution, may establish building lines on an existing 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.
(2)
A building situated on a corner lot shall be required to observe the building line
setback set out in Schedule C of these Regulations on both the primary and
flanking (secondary) streets.
43. 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 the
neighbourhood in which it is located. The Authority may require special access and
safety features to be provided for the occupants before occupancy is permitted.
44. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be waived in
the case of communication masts and antennae, flagpoles, water towers, spires, belfries,
18
or chimneys, but any such waiver which results in an increase of more than 10% of the
permitted height of the structure shall only be authorized under the provisions of
Regulation 11.
45. Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be erected or
used unless it complies with the following requirements:
(a)
The structure shall be at least 600 m from a residence, (except a farm
residence or a residence which is a non-conforming use
in any zone in which agriculture is a permitted use class in the Use Zone
Tables in Schedule C of these Regulations), and, from an area designated
for residential use in an approved Plan, and, from a Provincial or Federal
Park.
(b)
The structure shall be at least 60 m from the boundary of the property on
which it is to be erected.
(c)
The structure shall be at least 90 m from the centre line of a street.
(d)
The erection of the structure shall be approved by the Department of Forest
Resources & Agrifoods and the Department of Environment.
(2)
No development for residential use shall be permitted within 600 m of an existing
structure designed to contain more than five animal units unless the development
is first approved by the Department of Forest, Resources and Agrifoods.
46. Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage or
lot area that is less than that permitted by these Regulations for the zone in which
such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a yard, it
19
shall continue to be so used regardless of any change in the ownership of the lot or
any part thereof, and shall not be deemed to form part of an adjacent lot for the
purpose of computing the area thereof available for building purposes.
47. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already
exist in any residential zone, with insufficient frontage or area to permit the owner or
purchaser of such a lot or lots to comply with the provisions of these Regulations, then
these Regulations shall not prevent the issuing of a permit by the Authority for the
erection of a dwelling thereon, provided that the lot coverage and height are not greater
than, and the yards and floor area are not less than the standards set out in these
Regulations.
48. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these
Regulations, no residential or commercial building shall be erected unless the lot on
which it is situated fronts directly onto a street or forms part of a Comprehensive
Development Scheme.
49. Non-Conforming Use
(1)
Notwithstanding the Municipal Plan, scheme or regulations made under this
Urban and Rural Planning Act, 2001, the Authority shall, in accordance with
regulations made under this Act, allow a development or use of land to continue in
a manner that does not conform with a regulation, scheme, or plan that applies to
that land provided that the non-conforming use legally existed before the
registration under section 24 of the Act, scheme or regulations made with respect
to that kind of development or use.
(2)
Notwithstanding subsection (1), a right to resume a discontinued non-conforming
use of land shall not exceed 12 months after that discontinuance.
20
(3)
A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (1)
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Authority;
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development;
(c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, structure or
development has been destroyed;
(d)
may have the existing use for that building, structure or development
varied by the Authority to a use that is, in the Authority's opinion, more
compatible with the plan and regulations applicable to it;
(e)
may have the existing building extended by approval of the Authority
where, in the Authority's opinion, the extension is not more than 50% of
the existing building;
(f)
where the non-conformance is with respect to the standards included in
these development regulations, shall not be expanded if the expansion
would increase the non-conformity;
(g)
where a building, structure or development does not meet the development
standards included in development regulations, the building, structure or
development shall not be expanded if the expansion would increase the
non-conformity and an expansion must comply with the development
standards applicable to that building, structure or development.
(h)
where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with the municipal plan and regulations, be
repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed.
Where considering a non conforming building, structure or development and
21
before making a decision to vary an existing use of that non-conforming building,
structure or development, the Authority, at the applicant''s expense, shall publish
a notice in a newspaper circulating in the area or by other means give public notice
of an application to vary the existing use of a non-conforming building, structure
or development and shall consider any representations or submissions received in
response to that advertisement.
50. Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous
fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or
create any nuisance that has an unpleasant effect on the senses unless its use is authorized
by the Authority and any other authority having jurisdiction.
51. Offstreet Parking Requirements
(1)
For every building, structure or use to be erected, enlarged or established, there
shall be provided and maintained a quantity of off-street parking spaces sufficient
to ensure that the flow of traffic on adjacent streets is not impeded by the on-street
parking of vehicles associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Schedule D of these
Regulations.
(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.
22
(4)
The parking facilities required by this Regulation shall, except in the case of single
or attached dwellings, be arranged so that it is not necessary for any vehicle to
reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted:
(a)
parking space shall mean an area of land, not less than 15 m² in size,
capable of being used for the parking of a vehicle without the need to
move other vehicles on adjacent areas;
(b)
the parking area shall be constructed and maintained to the specifications
of the Authority;
(c)
the lights used for illumination of the parking area shall be so arranged as
to divert the light away from adjacent development;
(d)
a structure, not more than 3 m in height and more than 5 m² in area may be
erected in the parking area for the use of attendants in the area;
(e)
except in zones in which a service station is a permitted use, no gasoline
pump or other service station equipment shall be located or maintained on
a parking area;
(f)
no part of any off-street parking area shall be closer than 1.5 m to the front
lot line in any zone;
(g)
access to parking areas in non-residential zones shall not be by way of
residential zones;
(h)
where a parking area is in or abuts a residential zone, a natural or structural
barrier at least 1 m in height shall be erected and maintained along all lot
lines;
(i)
where, in the opinion of the Authority, strict application of the above
parking requirements is impractical or undesirable, the Authority may as a
condition of a permit require the developer to pay a service levy in
23
accordance with these Regulations in lieu of the provision of a parking
area, and the full amount of the levy charged shall be used by the Authority
for the provision
and upkeep of alternative parking facilities within the general vicinity of
the development.
52. Off-Street Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or established requiring
the shipping, loading or unloading of animals, goods, wares or merchandise, there
shall be provided and maintained for the premises loading facilities on land that is
not part of a street comprised of one or more loading spaces, 15 m long, 4 m wide,
and having a vertical clearance of at least 4 m with direct access to a street or with
access by a driveway of a minimum width of 6 m to a street.
(2)
The number of loading spaces to be provided shall be determined by the
Authority.
(3)
The loading facilities required by this Regulation shall be so arranged that vehicles
can manoeuvre clear of any street and so that it is not necessary for any vehicle to
reverse onto or from a street.
53. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and
playgrounds are not located in areas which may be hazardous to their use and are not
operated for commercial purposes.
54. Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the owner or
occupier to provide adequate and suitable landscaping or screening; and for this purpose
24
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 landscaping or screening
is desirable to preserve amenity, or protect the environment.
55. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the
provision of public services and public utilities if the use of that land is necessary to the
proper operation of the public service or public utility concerned provided that the design
and landscaping of any development of any land so used is, in the opinion of the
Authority, adequate to protect the character and appearance of the area.
56. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such purpose,
and to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and
where a service station is located on a corner lot, the minimum distance between
an access and the intersection of street lines at the junction shall be 10 metres and
the lot line between entrances shall be clearly indicated.
57. Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the exposed sides
of every building in order to provide access for the maintenance of that building.
58. Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Authority.
25
59. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of
calculating lot area and yard requirements, shall be considered part of the self-contained
dwelling.
60. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to
satisfy the yard and other allowances called for in the Use Zone in which it is located and
the allowances shall be retained when the adjacent land is developed.
61. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which are designed
to form part of a zero lot line development or other comprehensive layout which does not,
with the exception of dwelling unit floor area, meet the requirements of the Use Zone
Table in Schedule C, provided that the dwellings are designed to provide both privacy and
reasonable access to natural daylight and the overall density within the layout conforms to
the regulations and standards set out in the Use Zone Table apply where the layout adjoins
other development.
26
PART III - ADVERTISEMENTS
62. Permit Required
Subject to the provisions of Regulation 67, no advertisement shall be erected or displayed
in the Planning Area unless a permit for the advertisement is first obtained from the
Authority. Permit for erection or display of advertisement on Provincial Highways shall
be obtain from the Government Service Centre.
63. Form of Application
Application for a permit to erect or display an advertisement shall be made to the
authority in accordance with Regulation 17.
64. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any
highway or street reservation.
65. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement
shall be for a limited period, not exceeding two years, but may be renewed at the
discretion of the Authority for similar periods.
66. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the
removal of any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination, or structural
condition, or;
(b)
detrimental to the amenities of the surrounding area.
27
67. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Authority:
(a)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
0.2 m² in area;
(b)
on an agricultural holding or farm, a notice board not exceeding 1 m² in area and
relating to the operations being conducted on the land;
(c)
on land used for forestry purposes, signs or notices not exceeding 1 m² in area and
relating to forestry operations or the location of logging operations conducted on
the land;
(d)
on land used for mining or quarrying operations, a notice board not exceeding 1
m² in area relating to the operation conducted on the land;
(e)
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding
0.2 m² in area in connection with the practice of a professional person carried on
in the premises;
(f)
on any site occupied by a church, school, library, art gallery, museum, institution
or cemetery, one notice board not exceeding 1 m² in area;
(g)
on the principal facade of any commercial, industrial or public building, the name
of the building or the name of the occupants of the building, in letters not
exceeding one-tenth of the height of that facade or 3 m, whichever is the lesser;
(h)
on any parking lot directional signs and one sign not exceeding 1 m² in size,
identifying the parking lot.
68. Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply
with the appropriate conditions and specifications set out in the Use Zone Tables in
Schedule C of these Regulations.
28
69. Non-Conforming Uses
Notwithstanding the provisions of Regulation 62, a permit may be used for the erection or
display of advertisements on a building or within the courtyard of a building or on a
parcel of land, the use of which is a non conforming use, provided that the advertisement
does not exceed the size and type of advertisement which could be permitted if the
development was in a Use Zone appropriate to its use, and subject to any other conditions
deemed appropriate by the Authority.
29
PART IV - SUBDIVISION OF LAND
(See Also Subdivision Standards, Schedule F)
70. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of
the subdivision is first obtained from the Authority.
71. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Authority have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system.
72. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Authority for connection to services,
utilities and streets deemed necessary for the proper development of the subdivision, and
all service levies and other charges imposed under Regulations 13 and 14.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Authority shall,
without limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
(d)
the land use, physical form and character of adjacent developments;
(e)
the transportation network and traffic densities affecting the site;
30
(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;
(l)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
74. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building
permit shall be obtained for each building proposed to be erected in the area of the
subdivision, and no building permit for any building in the area shall be issued until the
developer has complied with all the provisions of these Regulations with respect to the
development of the subdivision.
75. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in
accordance with Regulation 17.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
77. Building Lines
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines.
31
78. Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate to the
Authority, at no cost to the Authority, an area of land equivalent to not more than
10% of the gross area of the subdivision or 25 m² for every dwelling unit per-
mitted in the subdivision, whichever is the greater, for public open space, provided
that:
(a)
where land is subdivided for any purpose other than residential use, the
Authority shall determine the percentage of land to be dedicated;
(b)
if, in the opinion of the Authority, no public open space is required, the
land may be used for such other public use as the Authority may
determine;
(c)
the location and suitability of any land dedicated under the provisions of
this Regulation shall be subject to the approval of the Authority but in any
case, the Authority shall not accept land which, in its opinion is incapable
of development for any purpose;
(d)
the Authority may accept from the developer in lieu of such area or areas
of land the payment of a sum of money equal to the value of the land
which would otherwise be required to be dedicated;
(e)
money received by the Authority in accordance with Regulation 78(1)(d)
above, shall be reserved by the Authority for the purpose of the acquisition
or development of land for public open space or other public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Authority and may be sold or leased by the Authority for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall be
applied against the cost of acquisition or development of any other land for the
purposes of public open space or other public purposes.
(3)
The Authority may require a strip of land to be reserved and remain undeveloped
32
along the banks of any river, brook or pond, and this land may, at the discretion of
the Authority, constitute the requirement of land for public use under Regulation
78(1).
79. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the
prior approval of the Authority which shall be satisfied on the question of safe
construction and relationship to the adjoining buildings and other structures within the
street reservation.
80. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations
unless the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter of not less
than 30 m.
(c)
The maximum length of any cul de sac shall be:
(i)
300m in areas served by or planned to be served by municipal piped water
and sewer services, as shown in the map and letter of agreement signed by
the Municipality and the Minister of Municipal and Provincial Affairs in
connection with municipal five-year capital works program eligibility.
(ii)
400m in areas not served by or planned to be served by municipal piped
water and sewer services.
(d)
Emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall
connect the head of the cul de sac with an adjacent street.
(e)
No cul de sac shall be located so as to appear to terminate a collector street.
(f)
New subdivisions shall have street connections with an existing street or streets.
(g)
All street intersections shall be constructed within 5° of a right angle and this
alignment shall be maintained for 30 m from the intersection.
33
(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
Engineering Design Guidelines for Subdivisions attached as Schedule F of these
Regulations.
(l)
No lot intended for residential purposes shall have a depth exceeding four times
the frontage.
(m)
Residential lots shall not be permitted which abut a local street at both front and
rear lot lines.
(n)
The Authority may require any existing natural, historical or architectural feature
or part thereof to be retained when a subdivision is developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
81. Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters and
catch basins and all other utilities deemed necessary by the Authority to service
the area proposed to be developed or subdivided shall be designed and prepared by
or approved by the Engineer. Such designs and specifications shall, upon
approval by the Authority, be incorporated in the plan of subdivision.
(2)
Upon approval by the Authority of the proposed subdivision, the Engineer shall
certify all work of construction layout preliminary to the construction of the works
and thereupon the developer shall proceed to the construction and installation, at
his own cost and in accordance with the approved designs and specifications and
the construction layout certified by the Engineer, of all such water mains,
hydrants, sanitary sewers and all appurtenances and of all such streets and other
works deemed necessary by the Authority to service the said area.
34
82. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of materials and
labour for the construction and installation of all works calculated in accordance with the
Schedule of Fees recommended by the Association of Professional Engineers of
Newfoundland and in effect at the time the work is carried out.
83. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and
paving specified by the Authority as being necessary, may, at the Authority's discretion,
be deferred until a later stage of the work on the development of the subdivision but the
developer shall deposit with the Authority before approval of his application, an amount
estimated by the Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the work of development, the Authority
shall call for tenders for the work of construction and installation of the works, and the
amount so deposited by the developer shall be applied towards payment of the contract
cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the
amount of the excess. If the contract price is less than the deposit, the Authority shall
refund the amount by which the deposit exceeds the contract price. Any amount so
deposited with the Authority by the developer shall be placed in a separate savings
account in a bank and all interest earned thereon shall be credited to the developer.
84. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land and upon
request of the Authority, transfer to the Authority, at no cost to the Authority, and
clear of all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided which are
approved and designated by the Authority for public uses as streets, or
35
other rights-of-way, or for other public use;
(b)
all services or public works including streets, water supply and distribution
and sanitary an storm drainage systems installed in the subdivision that are
normally owned and operated by the Authority.
(2)
Before the Authority shall accept the transfer of lands, services or public works of
any subdivision, the Engineer shall, at the cost to the developer, test the streets,
services and public works installed in the subdivision and certify his satisfaction
with their installation.
(3)
The Authority shall not provide maintenance for any street, service or public work
in any subdivision until such time as such street, service or public work has been
transferred to and accepted by the Authority.
85. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Authority is
satisfied that:
(a)
the lot can be served with satisfactory water supply and sewage disposal systems,
and;
(b)
satisfactory access to a street is provided for the lots.
86. Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building types
and for landscaping in order to enhance the visual aspects of the completed
development and to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by the Authority, shall not be changed without
written application to and subsequent approval of the Authority.
36
PART V - USE ZONES
87. Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use Zones
which are shown on the Zoning Map attached to and forming part of these
Regulations.
(2)
Subject to Regulation 87(3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in
the Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not set
out in the Use Zone Tables in Schedule C, the Authority may in its discretion,
determine the standards, requirements and conditions which shall apply.
88. 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.
89. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in
the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that
Use Zone.
90. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set
out in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if
the 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
37
notice of the application in accordance with Regulation 32 and has considered any
objections or representations which may have been received on the matter.
91. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set
out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use
Zone.
38
Ministers' Regulations:
Development Regulations
under the
Urban and Rural Planning Act, 2000
PLAN-TECH
ENVIRONMENT
39
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001 )
Under the authority of section 36 of the Urban and Rural Planning Act , 2000, I make the following
regulations.
Dated at St. John's , January 2, 2001 .
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1.
Short title
2.
Definitions
3.
Application
4.
Interpretation
5.
Notice of right to appeal
6.
Appeal requirements
7.
Appeal registration
8.
Development prohibited
9.
Hearing notice and meetings
10.
Hearing of evidence
11.
Board decision
12.
Variances
13.
Notice of variance
14.
Residential non conformity
15.
Notice and hearings on change of use
40
16.
Non-conformance with standards
17.
Discontinuance of non-conforming use
18.
Delegation of powers
19.
Commencement
Short title
1.
These regulations may be cited as the Development Regulations.
Definitions
2.
In these regulations,
(a)
"Act", unless the context indicate otherwise, means the Urban and Rural Planning Act, 2000 ;
(b)
"applicant" means a person who has applied to an authority for an approval or permit to carry out a
development;
(c)
"authority" means a council, authorized administrator or regional authority; and
(d)
"development regulations" means these regulations and regulations and by-laws respecting
development that have been enacted by the relevant authority.
Application
3.
(1) These regulations shall be included in the development regulations of an authority and shall
apply to all planning areas.
(2)
Where there is a conflict between these regulations and development regulations or other
regulations of an authority, these regulations shall apply.
(3)
Where another Act of the province provides a right of appeal to the board, these regulations shall
apply to that appeal.
Interpretation
4.
(1) In development regulations and other regulations made with respect to a planning area the
following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street;
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, located on the same lot as the main
building to which it is an accessory and which has a use that is customarily incidental or complementary to the main
use of the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses, cold
frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and television antennae,
41
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
(c)
"accessory use" means a use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use;
(d)
"building height" means the vertical distance, measured in metres from the established grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks, steeples and purely
ornamental structures above a roof;
(e)
"building line" means a line established by an authority that runs parallel to a street line and is set
at the closest point to a street that a building may be placed;
(f)
"discretionary use" means a use that is listed within the discretionary use classes established in the
use zone tables of an authority's development regulations;
(g)
"established grade" means,
(i)
where used in reference to a building, the average elevation of the finished surface of the ground
where it meets the exterior or the front of that building exclusive of any artificial embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average elevation of the finished
grade of the ground immediately surrounding the structure, exclusive of any artificial embankment or entrenchment;
(h)
"floor area" means the total area of all floors in a building measured to the outside face of exterior
walls;
(i)
"frontage" means the horizontal distance between side lot lines measured at the building line;
(j)
"lot" means a plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building;
(k)
"lot area" means the total horizontal area within the lines of the lot;
(l)
"lot coverage" means the combined area of all building on a lot measured at the level of the lowest
floor above the established grade and expressed as a percentage of the total area of the lot;
(m)
"non-conforming use" means a legally existing use that is not .listed as a permitted or discretionary
use for the use zone in which it is located or which does not meet the development standards for that use zone;
(n)
"owner" means a person or an organization of persons owning or having the legal right to use the
land under consideration;
(o)
"permitted use" means a use that is listed within the permitted use classes set out in the use zone
tables of an authority's development regulations;
(p)
"prohibited use" means a use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that an authority specifies as not permitted within a use zone;
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(q)
"sign" means a word, letter, model, placard, board, device or representation, whether illuminated or
not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement or direction and
excludes those things employed wholly as a memorial, advertisements of local government, utilities and boarding or
similar structures used for the display of advertisements;
(r)
"rear yard depth" means the distance between the rear lot line and the rear wall of the main
building on a lot;
(s)
"side yard depth" means the distance between the side lot line and the nearest side wall of a
building on the lot;
(t)
"street" means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles;
(u)
"street line" means the edge of a street reservation as defined by the authority having jurisdiction;
(v)
"use" means a building or activity situated on a lot or a development permitted on a lot;
(w)
"use zone" or "zone" means an area of land including buildings and water designated on the zoning
map to which the uses, standards and conditions of a particular use zone table apply;
(x)
"variance" means a departure, to a maximum of 10% from the yard, area, lot coverage, setback,
size, height, frontage or any other numeric requirement of the applicable Use Zone Table of the authority's
regulations; and
(y)
"zoning map" means the map or maps attached to and forming a part of the authority's regulations.
(2)
An authority may, in its discretion, determine the uses that may or may not be developed in a use
zone and those uses shall be listed in the authority's regulations as discretionary, permitted or prohibited uses for that
area.
Notice of right to appeal
5.
Where an authority makes a decision that may be appealed under section 42 of the Act, that
authority shall, in writing, at the time of making that decision, notify the person to whom the decision applies of the
(a)
person's right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6.
(1) The secretary of the board at the Department of Municipal and Provincial Affairs, Main Floor,
Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., A1B 4J6 is the secretary to all boards in the
province and an appeal filed with that secretary within the time period referred to in subsection 42(4) of the Act shall
be considered to have been filed with the appropriate board.
(2)
Notwithstanding subsection (1), where the City of Corner Brook , City of Mount Pearl or City of
St. John's appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed with the secretary of
that appointed board.
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(3)
The fee required under section 44 of the Act shall be paid to the board that hears the decision being
appealed by filing it with the secretary referred to in subsection (1) or (2) within the 14 days referred to in subsection
42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection 44(3) of the Act,
retain the fee paid to the board.
(5)
Where an appeal of a decision and the required fee is not received by a board in accordance with
this section and Part VI of the Act, the right to appeal that decision shall be considered to have been forfeited.
Appeal registration
7.
(1) Upon receipt of an appeal and fee as required under the Act and these regulations, the secretary
of the board as referred to in subsections 6(1) and (2), shall immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall notify the appropriate
authority of the appeal and shall provide to the authority a copy of the appeal and the documentation related to the
appeal.
(3)
Where an authority has been notified of an appeal that authority shall forward to the appropriate
board a copy of the application being appealed, all correspondence, council minutes, plans and other relevant
information relating to the appeal including the names and addresses of the applicant and other interested persons of
whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board shall publish in a
newspaper circulated in the area of the appropriate authority, a notice that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks before the date
upon which the appeal is to be heard by the board.
Development prohibited
8.
(1) Immediately upon notice of the registration of an appeal the appropriate authority shall ensure
that any development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an order under section
102 of the Act, an authority shall not carry out work related to the matter being appealed.
Hearing notice and meetings
9.
(1) A board shall notify the appellant, applicant, authority and other persons affected by the subject
of an appeal of the date, time and place for the appeal not fewer than 7 days before the date scheduled for the hearing
of the appeal.
(2)
A board may meet as often as is necessary to conduct its work in an expeditious manner.
Hearing of evidence
10.
(1) A board shall meet at a place within the area under its jurisdiction and the appellant and other
persons notified under subsection 9(1) or their representative may appear before the board and make representations
with respect to the matter being appealed.
(2)
A board shall hear an appeal in accordance with section 43 of the Act and these regulations.
44
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing of a
property shall be considered to have been provided in the same manner as evidence directly provided at the hearing
of the board.
(4)
In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
Board decision
11.
A decision of the board must comply with the plan, scheme or development regulations that apply
to the matter that has been appealed to that board.
Variances
12.
(1) Where an approval or permit cannot be given by an authority because a proposed development
does not comply with development standards set out in development regulations, an authority may, in its discretion,
vary the applicable development standards to a maximum of 10% if, in the authority's opinion, compliance with the
development standards would prejudice the proper development of the land, building or structure in question or
would be contrary to public interest.
(2)
An authority shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be made with respect to the
same land, building or structure, would have a cumulative effect that is greater than a 10% variance even though the
individual variances are separately no more than 10%.
(3)
An authority shall not permit a variance from development standards where the proposed
development would increase the non conformity of an existing development.
Notice of variance
13.
Where an authority is to consider a proposed variance, that authority shall give written notice of the
proposed variance from development standards to all persons whose land is in the immediate vicinity of the land that
is the subject of the variance.
Residential non conformity
14.
A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where being
repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development regulations applicable to that
building or structure.
Notice and hearings on change of use
15.
Where considering a non conforming building, structure or development under paragraph
108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming building, structure
or development, an authority, at the applicant's expense, shall publish a notice in a newspaper circulating in the area
or by other means give public notice of an application to vary the existing use of a non-conforming building,
structure or development and shall consider any representations or submissions received in response to that
advertisement.
Non-conformance with standards
16.
Where a building, structure or development does not meet the development standards included in
development regulations, the building, structure or development shall not be expanded if the expansion would
increase the non-conformity and an expansion must comply with the development standards applicable to that
building, structure or development.
45
Discontinuance of non-conforming use
17.
An authority may make development regulations providing for a greater period of time than is
provided under subsection 108(2) of the Act with respect to the time by which a discontinued non-conforming use
may resume operation.
Delegation of powers
18.
An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
Commencement
19.
These regulations shall be considered to have come into force on January 1, 2001 .
46
SCHEDULE A - DEFINITIONS
ACCESS means a way used or intended to be used by vehicles, pedestrians or animals in order to
go from a street to adjacent or nearby land or to go from that land to the street.
ACCESSORY BUILDING is:
(a)
A detached subordinate building not used as a dwelling, located on the same lot as the main
building or use to which it is accessory, and which has a use which is customarily incidental
or complimentary to the main use of the building or land:
(b)
for residential uses such as domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for domestic pets,
or radio and television antennae,
(c)
for commercial uses such as workshops, garages, and
(d)
for industrial uses such as garages, offices, raised ramps and docks.
ACCESSORY DWELLING UNIT means a separate dwelling unit constructed within and
subsidiary to the main use. The main use shall not be a single dwelling, double dwelling, row
dwelling, and apartment building.
ACCESSORY USE means a use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use.
ACT unless the context indicates otherwise, means the Urban and Rural Planning Act, 2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part for the
purposes of advertisement, announcement or direction; excluding such things employed wholly as a
memorial, or functional advertisement of Councils, or other local authorities, public utilities and
public transport undertakers, and including any boarding or similar structure used or adapted for use
for the display of advertisements.
AGRICULTURE means an agricultural operation that is carried on for personal use, or for
commercial gain and includes:
(a) the clearing, draining, irrigating or cultivation of land,
(b) the raising of livestock, including poultry,
(c) the raising of fur-bearing animals,
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(d) the raising of bees,
(e) the production of agricultural field crops,
(f) the production of fruit and vegetables and other specialty horticultural crops,
(g) the production of eggs and milk,
(h) the operation of agricultural machinery and equipment, including irrigation,
(i) storage, use or disposal of organic wastes (manure) for farm purposes, and
(j) any other agricultural activity or process prescribed by Provincial regulation that is carried
on for gain or reward.
AMUSEMENT USE means the use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pinball games and slot
machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
(a) 1 horse, cow, steer, bull, mule, donkey, bison, buffalo, pig, fox, or mink including
offspring until weaning,
(b) 3 llama or alpaca including offspring until weaning,
(c) 6 sheep or goats including offspring until weaning,
(d) 10 ostriches, emus or fur bearing animals, excluding fox or mink, including offspring
until weaning,
(e) 20 hens, chickens, turkeys, ducks or geese, or
(f) 100 chicks.
ANTENNA means a system that involves the transmission or receiving of data through radio
waves, air monitoring, weather collection devices or other sources, typically forming part of a
mast or tower which may be several hundred metres tall, either guyed or freestanding. Small
monitoring structures are typically located near the base.
APARTMENT BUILDING means a building containing three or more dwelling units, but does
not include a row dwelling or a single dwelling with a subsidiary apartment.
APPLICANT means a person who has applied to Council for approval to carry out development.
APEAL BOARD means the appropriate Appeal Board established under the Act.
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ARTERIAL STREET means the streets in the Planning Area constituting the main traffic
arteries of the area and defined as arterial streets or highways in the Municipal Plan or on the
Zoning Map.
APPROVAL IN PRINCIPLE means that Council when considering a development application
shall evaluate the application to the development requirements within the Town. If the proposed
development meets the development requirements of the Town an approval in principle maybe
given to the application. Final approval and issuance of a permit to commence development are
subject to the agreement by the applicant to meet specified conditions as outlined by Council.
AUTHORITY means the Town Council of Northern Arm, authorized administrator or regional
authority.
BACKLOT means a lot characterized by the location of the residential lot generally at the rear of
another residential lot, or otherwise separated from the public street which provides access, and
by a narrower area extending from the rear residential lot to the public street.
BED AND BREAKFAST means a detached dwelling occupied by the property owner or the bed
and breakfast host as a primary residence in which overnight accommodation and a breakfast
meal are offered to registered guests for a fee.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to persons
other than the immediate family of the owner or tenant.
BUFFER means a berm, row of trees or shrubs, hedge, fence, or distance separation that
provides a barrier between incompatible sites, uses or districts.
BUILDING means:
(a)
a structure, erection, excavation, alteration or improvement placed on, over or under land, or
attached, anchored or moored to land; mobile structures, vehicles and marine vessels
adapted or constructed for residential, commercial, industrial and other similar uses;
(b)
a part of and fixtures on buildings referred to in (a) and (b), and
(c)
an excavation of land whether or not that excavation is associated with the intended or
actual construction of a building or thing referred to in subparagraphs (a) to (c).
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BUILDING HEIGHT means the vertical distance, in metres, from established grade to the:
a)
highest point of the roof surface of a flat roof;
b)
deck line of a mansard roof; and
c)
mean height level between the eave and ridge of a gable, hip or gambrel roof.
In any case, a Building Height shall not include mechanical structures, smokestacks, steeples, and
purely ornamental structures above a roof.
BUILDING LINE means a line established by the Council that runs parallel to the street line and
is set at the closest point to a street that a building may be placed. A corner lot is deemed to have
a building line setback on both the primary and flanking streets.
CHILD CARE FACILITY means a building or part of a building in which services and care are
regularly provided to children or adults, but does not include a school as defined by the Schools
Act.
COLLECTOR STREET means a street that is designed to link local streets with arterial streets
and which is designated as a collector street in the Municipal Plan, or on the Zoning Map.
CORNER LOT means a lot deemed to have street frontages on both a primary and a flanking
(secondary) street.
CORNER LOT SIGHT TRIANGLE means a corner lot, a fence, sign, hedge, shrub, bush or
tree or any other structure or vegetation shall not be erected or permitted to grow to a height
greater than 1 metres above grade of the streets that abut the lot within the triangular area
included within the street lines for a distance of 6 metres from the point of intersection.
COUNCIL means the Municipal Council of the Town of Northern Arm.
DEVELOPMENT means the carrying out of building, engineering, mining or other operations in,
on, over, or under land, or the making of a material change in the use, or the intensity of use of land,
buildings, or premises and the:
(a)
making of an access onto a highway, road or way,
(b)
erection of an advertisement or sign,
(c)
construction of a building,
(d)
the parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as
an office, or for living accommodation, and excludes,
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(e)
the carrying out of works for the maintenance, improvement or other alteration of a
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building,
(f)
the carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the road
reservation,
(g)
the carrying out by a local authority or statutory undertaker of works for the purpose of
inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus,
including the breaking open of streets or other land for that purpose,
(h)
the use of a building or land within the courtyard of a dwelling house for a purpose
incidental to the enjoyment of a dwelling house as a dwelling.
DEVELOPMENT AGREEMENT means a written agreement between the municipality and a
developer which establishes particular circumstances and conditions under which a development
may be carried out.
DEVELOPMENT REGULATIONS means Regulations and by-laws respecting development
that have been enacted by Council.
DISCRETIONARY USE means a use that is listed within the discretionary use classes
established in the use zone tables of the Council's Development Regulations.
DOUBLE DWELLING means one building containing two dwelling units, placed one above the
other, side by side, or joined by a carport with separate lot areas dedicated to each unit, but does not
include a single dwelling containing a subsidiary apartment.
DRIVEWAY means a private road for vehicles that connects a house, garage, or other building
with a public road.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used or
designed as the living quarters for one or more persons.
ENGINEER means an engineer who is a member of the Association of Professional Engineers and
Geoscientists of Newfoundland, employed or retained by the Council.
51
ESTABLISHED BUILDING LINE means the average distance from the street line of existing
buildings in any block where more than half the frontage has been built upon in the past.
ESTABLISHED GRADE means:
a)
where used in reference to a building, the average elevation of the finished surface of the
ground where it meets the exterior of the front of that building exclusive of any artificial
embankment or entrenchment;
b)
where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure, exclusive of any
artificial embankment or entrenchment.
FAMILY CHILD CARE USE means a building or part of a building in which services and
activities are regularly provided for up to six (6) children as defined in the Child Care Services Act,
but do not include a school as defined by the Schools Act.
FLANKING STREET means the secondary street bordering a corner lot.
FLOODWAY means the inner portion of a flood risk area where the risk of flood is greatest, on
average once in twenty years and where the flood depths and water velocities are greatest.
FLOODWAY FRINGE means the outer portion of a flood risk area, between the floodway and
the outer boundary of the flood risk area, where the risk of flooding is lower, on average once in
one hundred years, and flood waters are shallower and slower.
FLOOD PROOFING means structural and/or non-structural measures incorporated in the
design of a building or structure which reduce or eliminate the risk of flood damage by ensuring
that the ground floor elevation is higher than the projected flood level and that the building can
be exited without hindrance in the event of a flood.
FLOOR AREA means the total area of all floors of a building measured to the outside face of
exterior walls.
FORESTRY means the use of land for the purpose of forest and woodland management including
the felling, cutting, trimming and thinning of forest or woodland for the extraction of timber, and
includes reforestation and silviculture.
52
FRONTAGE means the horizontal distance between side lot lines measured at the building line.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front wall
of the main building on the lot.
GENERAL GARAGE means land or buildings used for the repair, maintenance and storage of
motor vehicles and may include the sale of petroleum products.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, preparing, processing, testing, salvaging, breaking
up, demolishing, or treating any article, commodity or substance, and "Industry" shall be construed
accordingly.
GROUP CHILD CARE USE means a building or part of a building in which services and
activities are regularly provided for seven (7) or more children as defined in the Child Care Services
Act, but do not include a school as defined by the Schools Act.
GROUP HOME means a dwelling unit accommodating not more than 6 persons, exclusive of
staff, in a home-like setting where staff provide care and supervision. This definition includes, but
is not limited to, the facilities called "Transition House" and "Foster Home".
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes involving
the use of materials or processes, which because of their inherent characteristics constitute a special
fire, explosion, radiation or other hazard.
HOME OCCUPATION means a secondary use of a dwelling unit or its accessory building by at
least one of the residents of such dwelling unit to conduct a gainful occupation or business activity,
and subsidiary to a residential use. Also referred to as a "Home based Business", and classified as
an "Office" use.
HOME OFFICE means a secondary use of a dwelling unit by at least one of the residents of such
dwelling unit to conduct a gainful occupation or business activity with such occupation or business
activity being restricted to office uses which do not involve visitation by clients, customers, or the
general public to the site, nor the employment of non-residents, and subsidiary to a residential use.
Also referred to as a "Home Based Business", and classified as an "Office" use.
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HOSPITALITY HOME means a dwelling unit in which at least 1 room is regularly rented, and
includes the uses commonly referred to as "Bed and Breakfast", and "Boarding House".
INSPECTOR means a person appointed as an inspector by the Council.
LAND includes land covered by water, and buildings and structures on, over, or under the soil and
fixtures that form part of those buildings and structures.
LANDSCAPING means the development of land by altering the topography and ground cover and
may include the use of turf, plants, shrubs, trees, retaining walls and fences.
LANDSCAPE PLAN means a two dimensional scaled concept plan showing the land or lot
boundaries which would include proposed development of the land by using turf, plants, shrubs,
trees, retaining walls and fences for aesthetic or practical purposes. A Landscape Plan may include,
but not limited to, the arrangement or modifying land features, such as tree retention or planting,
garden edging or retaining, planting, screening, fencing or earthwork (alteration or drainage).
LIGHT INDUSTRY means the use of land or buildings for industrial use that can be carried out
without hazard or intrusion and without detriment to the amenity of the surrounding area by reason
of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
LIVESTOCK OPERATION means a livestock operation of agricultural animals confined in
one location which consists of 5 or more animal units at a given point in time.
LOCAL STREET means a street designed primarily to provide access to adjoining land and
which is not designated as a collector street or arterial street in the Municipal Plan, or on the
Zoning Map.
LOT means a plot, tract or parcel of land that can be considered as a unit of land for a particular use
or building.
LOT AREA means the total horizontal area within the lines of a lot.
54
LOT COVERAGE means the combined area of all buildings on a lot measured at the level of the
lowest floor above the established grade and expressed as a percentage of the total area of the lot.
MINERAL WORKING means land or buildings used for the working, stockpiling or extraction of
rock, mineral, peat or aggregate material, and will include a "quarry".
MINI HOME means a factory produced single dwelling complying with the National Building
Code and having the appearance of a mobile home.
MINISTER shall mean the Minister of Municipal Affairs, unless otherwise specified.
MODULAR HOME means a residential dwelling built in modules in a factory complete with
kitchen, bedrooms, bath, etc, as may be pre-set in a house and transported to the building site for
joining and placement on a foundation. Modular home construction shall conform to the
National Building Code and the Town of Northern Arm Development Regulations.
MUNICIPAL PLAN means a plan adopted by the Council as a Municipal Plan pursuant to the
Urban and Rural Planning Act, 2000.
NON-CONFORMING USE means a legally existing use that is not listed as a permitted use or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone.
OWNER means a person or an organization or persons owning or having legal right to use the land
under consideration.
PERMIT TO DEVELOP means the general term referring to all permits or licenses approved
by Council and shall include all conditions, agreements or provisions attached thereto.
PERMITTED USE means a use that is listed within the permitted use classes set out in the use
zone tables of these Development Regulations.
55
PLANNING AREA means a regional planning area and a municipal planning area established
under section 6 and 11 of the Act. For the purpose and context of these regulations, the Planning
Area shall mean the area within the municipal boundaries of the Town of Northern Arm.
PRIMARY STREET means the street on which a development fronts and is referenced in the
civic address.
PRIVATE ROAD (SHARED DRIVEWAY) means a roadway within private property that are
privately owned, maintained and used for vehicular travel by the owner and those having express
or implied permission from the owner, but not other persons. Their main function is to provide
access to the private land. Most private roads are not designed to the same standards as public
streets. Municipal services are not available to the buildings or dwellings on private streets.
PROHIBITED USE means a use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that Council specifies as not permitted within a use zone.
PUBLIC STREET means a main road or thoroughfare owned and maintained by the Authority,
such as a provincial highway or local street, available to the public for pedestrian use or vehicular
transportation.
REAR YARD DEPTH means the mean distance between the rear lot line and the rear of the main
building on the lot.
RESTAURANT means a building or part of a building, licensed for the purpose of serving meals
and includes a "Snack Bar".
ROW DWELLING means three or more dwelling units at ground level in one building, each unit
separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
SCREENING means a fence, berm, trees, hedge, wall or building used to separate areas or
functions which detract from the appearance of the streetscape and the view from the surrounding
areas.
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SERVICE STATION means a building, including gas pumps, used for the sale of petroleum
products, and may include general merchandise, minor automotive repairs, and washing of vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the
purpose of limiting direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary purpose is the
selling or offering for sale of goods, wares or merchandise by retail or the selling or offering for
sale of retail services but does not include an establishment wherein the primary purpose is the
serving of meals or refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE means a group of retail stores with integrated parking which is planned,
developed and designed as a unit containing a minimum of 5 retail establishments.
SHOWROOM means a building or part of a building in which samples or patterns are displayed
and in which orders may be taken for goods, wares or merchandise, including vehicles and
equipment, for later delivery.
SIDEYARD WIDTH means the distance between a side lot line and the nearest side wall of a
building on the lot.
SIGN means a word, letter, model, placard, board, device or representation, whether illuminated or
not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement,
or direction and excludes those things employed wholly as a memorial, advertisements or local
government, utilities and boarding or similar structures used for the display of advertisements.
SINGLE DWELLING means one building containing a single dwelling unit for the use of one
family, placed on its own lot, and can include a subsidiary apartment.
SITE PERMIT means a permit issued by the Town of Northern Arm for any earth disturbance
or other earthwork including, but not limited to, clearing and grubbing, grading, excavations,
embankments, land development, road maintenance, and the moving, depositing, stockpiling or
storing of soil, rock, or earth materials.
57
STREET means a street, road, highway or other way designed for the passage of vehicles and
pedestrians, and which is accessible by fire department and other emergency vehicles.
STREET LINE means the edge of the right of way of a street reservation as defined by the
authority having jurisdiction.
SUBDIVISION means the dividing of land, whether in single or joint ownership, into 2 or more
pieces (including lots), for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary
to a single dwelling.
TAKE-OUT FOOD means a building in which the primary purpose is the preparation and sale of
meals and refreshments for consumption off the premises.
USE means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE means an area of land including buildings and water designated on the
zoning map to which the uses, standards and conditions of a particular use zone table apply.
VARIANCE means a departure, to a maximum of 10% from the yard, area, lot coverage, setback,
size, height, frontage, or any other numeric requirement of the applicable use zone table of the
Council's regulations.
ZONING MAP means the map or maps attached to and forming part of the Town of Northern Arm
Development Regulations.
58
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND
BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
USES
1. Assembly Uses for the
production and viewing of
the performing arts.
(a) Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
2. General Assembly Uses
(a) Cultural and
Civic
Libraries
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(b) General
Assembly
Community Halls
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowling Alleys
(c) Educational
Schools
Colleges (non- residential)
(d) Place of
Worship
Churches and similar places of
worship.
Church Halls
(e) Passenger
Assembly
Passenger Terminals
(f) Club and
Lodge
Private Clubs and
Lodges (non-residential)
(g) Catering
Restaurants
Bars
Lounges
(h) Funeral Home
Funeral Homes and Chapels
(i) Child Care
Day Care Centres
(j) Amusement
Electronic Games Arcades
Pinball Parlours
Poolrooms
59
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
USES
(continued)
3. Arena-type Uses
(a) Indoor
Assembly
Arenas
Armouries
Ice Rinks
Indoor Swimming Pools
4. Open-air Assembly Uses
(a) Outdoor
Assembly
Bleachers
Grandstands
Outdoor Ice Rinks
and Swimming Pools
Amusement Parks and Fair-
grounds
Exhibition Grounds
Drive-in Theatres
Camping Grounds
R. V. Camping Parks
B. INSTITUTIONAL
USES
1. Penal and Correctional
Institutional Uses
(a) Penal and
Correctional
Detention
Jails
Penitentiaries
Police Stations (with detention
quarters)
Prisons
Psychiatric Hospitals (with
detention quarters)
Reformatories
2. Special Care
Institutional Uses
(a) Medical
Treatment
and Special
Care
Children's Homes
Convalescent Homes
Homes for Aged
Hospitals
Infirmaries
Orphanages
Psychiatric
Hospitals
Sanatoria
C. RESIDENTIAL
USES
1. Residential
Dwelling
Uses
(a) Single
Dwelling
Single Detached Dwellings
Family & Group Homes
(b) Double
Dwelling
Semi-detached Dwelling
Duplex Dwellings
Family & Group Homes
(c) Row
Dwelling
Row Houses
Town Houses
Family & Group Homes
(d) Apartment
Building
Apartments
Family & Group Homes
60
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDENTIAL
USES
(continued)
2. General Residential Uses
(continued)
(a) Collective
Residential
Residential
Colleges & Schools
University & College Halls
of Residence
Convents & Monasteries
Nurses and Hospital Residences
(b) Boarding
House
Residential
Boarding Houses
Lodging Houses
(c) Commercial
Residential
Hotels & Motels
Hostels
Residential Clubs
(d) Seasonal
Residential
Summer Homes & Cabins
Hunting & Fishing Cabins
(e) Mobile Homes
Mobile Homes
D. BUSINESS
& PERSONAL
SERVICE USES
1. Business, Professional, and
Personal Service Uses
(a) Office
Offices (including
Government Offices)
Banks
(b) Medical &
Professional
Medical Offices
and Consulting Rooms
Dental Offices & Surgeries
Legal Offices
Similar Professional Offices
(c) Personal
Service
Barbers
Hairdressers
Beauty Parlours
Small Appliance Repairs
(d) General
Service
Self-service Laundries
Dry Cleaners (not using
flammable or explosive
substances)
Small Tool and Appliance
Rentals
Travel Agents
61
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
PERSONAL
SERVICE USES
(continued)
1. Business,
Professional
& Personal
Service Uses
(continued)
(e) Communica-
tions
Radio Stations
Telephone Exchanges
(f) Police Station
Police Stations
(g) Taxi Stand
Taxi Stands
(h) Take-out
Food Service
Take-out Food
Service
(i) Veterinary
Veterinary Surgeries
E. MERCANTILE
USES
1. Retail Sale and
Display Uses
(a) Shopping
Centre
Shopping Centres
(b) Shop
Retail Shops, Stores and
Showrooms
Department Stores
(c) Indoor Market
Market Halls
Auction Halls
(d) Outdoor
Market
Market Grounds
Animal Markets
Produce and Fruit Stands
Fish Stalls
Sale of Firewood
Sale of Garbage Box
(e) Convenience
Store
Confectionary Stores
Corner Stores
Gift Shops
Specialty Shops
F. INDUSTRIAL
USES
1. Industrial uses involving
highly combustible and
hazardous substances and
processes.
(a) Hazardous
Industry
Bulk Storage of hazardous
liquids and substances.
Chemical Plants
Distilleries
Feed Mills
Lacquer, Mattress, Paint, Varnish,
and
Rubber Factories
Spray Painting
62
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
USES
(continued)
2. General Industrial Uses
involving Limited
Hazardous Substances and
Processes.
(a) General
Industry
Factories
Cold Storage Plants
Freight Depots
General Garages
Warehouses
Workshops
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
Outdoor Storage
Heavy Equipment Storage
(b) Service
Station
Gasoline Service Stations
Gas Bars
3. Light, Non-hazardous or
Non-intrusive Industrial
Uses.
(a) Light
Industry
Light Industry
Parking Garages
Indoor Storage
Warehouses and Workshops
G. NON-BUILDING
USES
1. Uses not directly related to building.
(a) Agriculture
Commercial Farms
Hobby Farms
Market Gardens & Nurseries
(b) Forestry
Tree Nurseries
Silviculture
(c) Mineral
Working
Quarries and Pits
Mines
Oil Wells
(d) Recreational
Open Space
Playing Fields
Sports Grounds
Parks
Playgrounds
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural, Historical and
Scenic Sites
Steep Slopes
Wildlife Sanctuaries
63
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
G. NON-BUILDING
USES
(continued)
1. Uses not directly related to building. (continued)
(f) Cemetery
Cemeteries and Graveyards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
(h) Wind Power
Wind Turbine(s)
(i) Solid Waste
Solid Waste Disposal
Sanitary Land Fill
Incinerators
(j) Animal
Animal Pounds
Kennels
Zoos
Dog Grooming
(k) Antenna
TV, Radio and Communications
Transmitting, Receiving Masts and
Antennae
(l) Transportation
Airfields
Railway Yards
Docks and Harbours
64
SCHEDULE C - USE ZONE TABLES
NOTE:
This schedule contains tables showing the use classes which may be permitted or
which may be treated as discretionary use classes for the purpose of these
Regulations. The tables also indicate the required standards of development and
may also include conditions affecting some or all of the use classes.
The schedule contains tables for the following Use Zones:
Land Use Zone
Abbreviation
Page
Residential Medium Density
RMD
4
Residential Rural
RR
10
Residential Seasonal
RS
16
Mixed Development
MD
19
Commercial Tourist
CT
26
Conservation
CON
29
Recreation
REC
31
Watershed
WAT
33
Mineral Working
MW
34
Rural
RUR
42
STANDARD CONDITIONS FOR ALL USE ZONES
The following conditions shall apply to all use zones listed under these Development
Regulations.
1.
Discretionary Uses
The discretionary uses listed in the use zone tables may be permitted at the discretion of
Council, provided that they are complimentary to uses within the permitted use class, or
that their development will not inhibit or prejudice the existence or the development of
such uses. Reference should be made to the General Development Standards.
65
2.
Referrals - General Approvals by Provincial and Federal Government Agencies and
Departments
Prior to the issuance of a development permit for the foregoing developments, approvals
must be obtained from the various agencies noted below:
Agriculture and Farming
Approvals must be obtained from the Department of Natural Resources for any
commercial farming operation. Service NL must approve all manure systems.
Crown Land
Approvals must be obtained from the Central Regional Lands Office, Department of
Environment and Conservation. Applications are made to the Central Regional Lands
Office, Gander.
On-Site Services (Well and Sub-Service Systems)
Approvals involving installation of on-site water and sewer systems must be obtained
from Service NL, Grand Falls-Windsor.
Environmental Investigations
Approvals for any development that may have an environmental impact must be referred
to Environmental Investigations, Service NL, Grand Falls-Windsor and/or the Pollution
Preventions Division, Department of Environment and Conservation.
Forestry
Permits for commercial and domestic woodcutting or other forestry related activities must
be obtained from the Department of Natural Resources, Forest Management Unit,
Lewisporte.
Mineral Workings, Mining and Mineral Exploration
Approvals and permits involving mining and quarrying and other development proposed
to take place within 50 metres of a reserved sand or gravel pit or quarry; within 300
metres of an operational sand or gravel pit or quarry; or within 1000 meters of a quarry in
which blasting may take placemust be obtained from the Department of Natural
Resources, Mineral Lands Division.
Archaeology Discovery
During site excavation any artifacts or physical structures found of a historical nature
shall be reported to the Provincial Archaeology Office, Department of Department of
Tourism, Culture and Recreation.
66
Waterways
Any development within a body of water involving alteration of a body of water must be
approved or exempted by the following agencies:
Provincial
Development of Environment and Conservation, Water Resources Division - for any
development within fifteen (15) metres of a body of water or the defined high water mark
of a body.
Federal
Department of Fisheries and Oceans
Coast Guard Canada - Navigable Waters Act.
Fish Habitat Division
3.
Development Over Easements
No permanent building shall be constructed over any known easement, whether that
easement has been assigned to the Town of Northern Arm, a department of the provincial
or federal government, or any utility company (ie: Newfoundland Power, telephone, cable
television, Crown land). Permanent buildings include, but are not limited to, all
dwellings and accessory buildings.
4.
Conservation of Natural Environment and Aesthetic Areas
Council may require agreements with developers and property owners aimed at preserving
sensitive environmental areas and natural scenic areas. These areas may include sensitive
vegetation, fish habitat, or water quality. Such agreements may include provisions such
as designating of local conservation areas, maintenance of tree cover and maintenance of
tree cover along rear yards, rivers, streams and shorelines.
5.
Shoreline Buffers
Generally, no development will be permitted within 15 metres of rivers or streams, or
shoreline of lakes and ponds. Certain public works and passive recreational open space
uses may be permitted as long as they will not be detrimental to the environmental and
aesthetic quality of the area. Development of these areas will be subject to the approval
of the federal Department of Fisheries and Oceans, and/or the provincial Department of
Environment and Conservation.
67
USE ZONE TABLE
ZONE TITLE RESIDENTIAL MEDIUM DENSITY (RMD)
PERMITTED USE CLASSES - (see Regulation 89)
Single dwelling, double dwelling, recreational open space and conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Row dwelling, apartment building, collective residential, boarding house (includes
tourist homes and bed and breakfasts), place of worship, educational, convenience
store, medical and professional, personal service, child care, office, cultural and civic
uses, and antenna.
STANDARDS
Single
Dwell-
ing
Double
Dwell-
ing
Row
Dwell-
ing
APARTMENT
BUILDING
1
Bed
Apt.
2
Bed
Apt.
3
Bed
Apt.
4
Bed
Apt.
Lot area (m²) minimum*
450
390*
350*
(aver-
age)
200*
250*
280*
300
*
Floor area (m²) minimum*
70*
80*
65*
40*
50*
60*
70*
Frontage (m) minimum**
15
26
12*
(av)
36
Building Line Setback (m)
(minimum)
6
6
8
8
Sideyard Width (m)(min.)
1.5
1.5
1.5
5
Rearyard Depth (m)(min.)
14
14
14
14
Lot Coverage (%)(max.)
33
33
33
33
Height (max.)
10
10
10
10
* Per dwelling unit
CONDITIONS
1.
Subsidiary Apartments
(a)
One subsidiary apartment may be permitted in a single dwelling.
68
(b)
For the purpose of calculating lot area and yard requirements, the apartment shall
be considered part of the single dwelling.
(c)
A minimum of two off street parking spaces shall be required.
(d)
The minimum floor area required is 40 m2 for a one bedroom subsidiary
apartment, plus ten square metres for each additional bedroom.
(e)
For lots without municipal water, Service NL shall determine water and sewerage
disposal requirements and a permit will be issued subject to its approval.
2.
Discretionary Uses Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are compatible or complementary to uses within the permitted
use classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
3.
Dwelling Frontage
The front wall of a dwelling shall be parallel to the street on which it is fronting and has a
civic number.
4.
Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have two street
frontages and shall be required to maintain the minimum building line setback on both the
primary and flanking streets as prescribed in the use zone table.
5.
Accessory Buildings
(a)
All accessory buildings shall have a maximum combined floor area of 75m2 (800
sq ft).
(b)
An accessory building shall be prohibited to project in front of a building line or in
the flanking sideyard of a corner lot.
(c)
Accessory buildings shall located be on the same lot as the residential dwelling
and shall be clearly incidental and complementary to the main use of the
residential dwelling in character, use, style and exterior finish, and shall be located
so as to minimize any visual impacts on adjoining properties.
(d)
The maximum height shall be 4m with a minimum of 1m from any property line
and 2m from the nearest corner of a residential dwelling.
(e)
Accessory buildings (private garages only) may be permitted in the sideyard at
Council discretion, but not in the flanking sideyard of a corner lot.
69
(f)
Residential lots may have more than one accessory building provided that the
maximum combined floor area of all buildings, including a second storey, shall
not be greater than the maximum area as set out in the General Development
Regulations and this Land Use Zone Table.
(g)
Aside from minor vehicle maintenance, no person shall use an accessory building
for the purpose of performing major repairs, painting, dismantling, or scrapping of
vehicles or machinery.
(h)
Where it can be clearly demonstrated that a need exists for a larger accessory
building, Council shall have discretion where the proposed accessory building will
exceed the maximum floor area of 75m², and the maximum height of 4m.
6.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied
by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement shall
meet the requirements of Council, having regard to the safety and convenience of
users of adjacent streets and sidewalks, and the general amenities of the surroun-
ding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
7.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be located within
a reasonable distance of, and only show thereon the name and nature of the
distance or direction to, the premises to which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of streets, the
location of street junctions and nearby buildings, and amenities of the surrounding
area.
70
8.
Place of Worship and Educational Use
Where permitted as a discretionary, 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.
9.
Convenience Store
Convenience stores shall only be permitted as a discretionary use under the following
conditions:
(a)
Convenience Store may form part of the residential dwelling or be a stand alone
building.
(b)
The retail use shall be subsidiary to the residential character of the area, and shall
not affect residential amenities of adjoining properties.
(c)
Adequate provision for on site parking, loading, buffering and landscaping.
10.
Home Businesses - Office, Medical and Professional Service, Personal Service, and
Light Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling consisting of an
occupation or profession which generates revenue for the resident.
Office, medical and professional service, personal service, and light industry uses may be
permitted provided they are carried out as home occupations, businesses operated in the
dwelling, or in a building subsidiary to the dwelling on the same lot, by the occupants of
the dwelling, and meet the following requirements.
(a)
Office uses shall be limited to small business services and professional offices;
(b)
Light Industry uses shall be limited to fabrication for the production of handmade
articles such as clothing, arts and crafts objects, and workshops;
(c)
The use is clearly subsidiary to the residential use, does not alter the residential
character of the dwelling unit, and does not detract from the residential character
of the neighbourhood.
(d)
No wholesale sales or storage of goods is carried out, any retail sales are incidental
and subsidiary to the approved use, no repairs to vehicles or heavy equipment are
carried out.
(e)
Activities associated with the use are not hazardous and do not cause noticeable
noise, odour, dust, fumes, or inconvenience to occupants of adjoining residences.
(f)
Activities associated with the use shall be carried on inside the dwelling or in a
building separate from the dwelling.
(g)
One building only, separate from the dwelling, may be used in connection with a
71
light industrial use and service use and shall conform to the Accessory Buildings
condition height and floor area limit for this zone; child care use shall be carried
out in the dwelling unit or be attached to the dwelling unit.
(h)
Except for child care, no more than 30% of the total floor area of the dwelling is
devoted to the use.
(i)
The use shall not generate traffic, parking, sewage or water use in excess of what
is normal in the residential area.
(j)
Activities associated with the use are not hazardous and do not cause a noticeable
increase in noise, odour, dust or fumes, nor cause electrical interference or in any
other way result in a nuisance to the occupants of surrounding residences.
(k)
The residential lot has sufficient area to accommodate the parking requirements of
the dwelling unit and the home occupation.
(l)
No regular parking of commercial vehicles except for one vehicle with a gross
weight of no greater than one tonne will be permitted on the lot or on the road
reservation adjacent to the lot.
11.
Child Care
A day care or day nursery (i.e.: a child care operation in which services are regularly
provided to seven or more children), shall be subject to the following conditions:
(a)
The operation is in accordance with all applicable provincial laws and regulations.
(b)
A limit of one day care or day nursery will be permitted on any street.
(c)
The use will not occupy more than 70 m2 or 40% of the floor area, whichever is
less.
(d)
Provision for off-street parking will be required as per the off-street parking
requirements of these Regulations.
(e)
The drop-off and pick-up of children will not interfere with the free flow of
vehicular traffic.
(f)
The use is not located adjacent to or near hazardous, dangerous, or incompatible
uses. These include, but are not limited to, heavy industrial uses, service stations,
garages, night clubs, and amusement uses.
12.
Boarding House Residential
A boarding, lodging house or tourist home shall be permitted as a discretionary use in any
dwelling that can adequately accommodate the specified number of persons. The total
number of boarders or lodgers shall not exceed (5) persons.
A "bed and breakfast" use in a dwelling may be permitted to provide room and board for
tourists or the travelling public, under the following conditions:
72
(a)
the use does not detract from the residential character of the neighbourhood;
(b)
the use is carried out by a resident/owner of the dwelling unit;
(c)
the dwelling in which the Bed and Breakfast use is carried out is similar in
exterior finish, design, height, and scale to a private residential dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or hedge;
(f)
the maximum number of guest rooms shall be five (5), and
(g)
the establishment shall be licensed under the Tourist Establishment Regulations,
as amended from time to time.
13.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of rivers or
streams, or within 15 metres of the shoreline of ponds, with the exception of conservation
structures such as those designed to control flooding and erosion as well as bridges,
pathways, and public services. Development of marine or water related uses such as
wharfs, slipways, boathouse, etc. may be permitted. All development occurring within
these limits is subject to the approval of Council and the Department of Environment and
Conservation.
14.
Mature trees
Because of their importance to the landscape and to the privacy and amenities of
residential areas, mature trees shall be preserved and replaced as necessary. Such trees
may be removed only when they become dangerous because of age, disease or proximity
to a building; if they are overcrowded, and unduly inhibit light and air circulation for
landscape purposes and building occupancy; or if they will unduly obstruct construction.
73
USE ZONE TABLE
ZONE TITLE RESIDENTIAL RURAL (RR)
PERMITTED USES CLASSESS - see Regulation 90.
Single dwelling, recreational open space and conservation.
DISCRETIONARY USES CLASSES - see Regulation 34 and 91.
Boarding house residential (bed and breakfast only), convenience store, medical and
professional, child care, office, personal service, agriculture, cemetery and antenna.
CONDITIONS
1.
Development Standards
The development standards for a single dwelling in this zone shall meet the following
standards:
Minimum Lot Area
3038 m²
Minimum Floor Area
130 m²
Minimum Frontage
23 m
Minimum Building Line Setback
8 m
Maximum Building Line Setback
30 m
Minimum Sideyard Width
5 m
Minimum Rearyard Depth
10 m
Maximum Lot Coverage
33%
Maximum Height
10 m
2.
Discretionary Uses Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are compatible or 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.
74
3.
Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have two street
frontages and shall be required to maintain the minimum building line setback on both the
primary and flanking streets as prescribed in the use zone table.
4.
Accessory Buildings
(a)
All accessory buildings shall have a maximum combined floor area of 75m2 (800
sq ft).
(b)
An accessory building shall be prohibited to project in front of a building line or in
the flanking sideyard of a corner lot.
(c)
Accessory buildings shall located be on the same lot as the residential dwelling
and shall be clearly incidental and complementary to the main use of the
residential dwelling in character, use, style and exterior finish, and shall be located
so as to minimize any visual impacts on adjoining properties.
(d)
The maximum height shall be 4m with a minimum of 1m from any property line
and 2m from the nearest corner of a residential dwelling.
(e)
Accessory buildings (private garages only) may be permitted in the sideyard at
Council discretion, but not in the flanking sideyard of a corner lot.
(f)
Residential lots may have more than one accessory building provided that the
maximum combined floor area of all buildings, including a second storey, shall
not be greater than the maximum area as set out in the General Development
Regulations and this Land Use Zone Table.
(g)
Aside from minor vehicle maintenance, no person shall use an accessory building
for the purpose of performing major repairs, painting, dismantling, or scrapping of
vehicles or machinery.
(h)
Where it can be clearly demonstrated that a need exists for a larger accessory
building, Council shall have discretion where the proposed accessory building will
exceed the maximum floor area of 75m², and the maximum height of 4m.
5.
Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following
conditions:
(a)
Convenience Store may form part of the residential dwelling or be a stand alone
building.
(b)
The retail use shall be subsidiary to the residential character of the area, and shall
not affect residential amenities of adjoining properties.
(c)
Adequate provision for on site parking, loading, buffering and landscaping.
75
6.
Boarding House Residential
A boarding or lodging house is permitted in any dwelling that can adequately
accommodate the specified number of persons. The total number of boarders or lodgers
shall not exceed (5) persons.
A "bed and breakfast" use in a dwelling may be permitted as a discretionary use to
provide room and board for tourists or the travelling public, under the following
conditions:
(a)
the use does not detract from the residential character of the neighbourhood;
(b)
the use is carried out by a resident/owner of the dwelling unit;
(c)
the dwelling in which the Bed and Breakfast use is carried out is similar in
exterior finish, design, height, and scale to a private residential dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or hedge; and
(f)
the maximum number of guest rooms shall be five (5).
(g)
the establishment shall be licensed under the Tourist Establishment Regulations,
as amended from time to time.
7.
Home Businesses - Office, Medical and Professional Service, Personal Service, and
Light Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling consisting of an
occupation or profession which generates revenue for the resident.
Office, medical and professional service, personal service, and light industry uses may be
permitted provided they are carried out as home occupations, businesses operated in the
dwelling, or in a building subsidiary to the dwelling on the same lot, by the occupants of
the dwelling, and meet the following requirements.
(a)
Office uses shall be limited to small business services and professional offices;
(b)
Light Industry uses shall be limited to fabrication for the production of handmade
articles such as clothing, arts and crafts objects, and workshops;
(c)
The use is clearly subsidiary to the residential use, does not alter the residential
character of the dwelling unit, and does not detract from the residential character
of the neighbourhood.
(d)
No wholesale sales or storage of goods is carried out, any retail sales are incidental
and subsidiary to the approved use, no repairs to vehicles or heavy equipment are
carried out.
(e)
Activities associated with the use are not hazardous and do not cause noticeable
noise, odour, dust, fumes, or inconvenience to occupants of adjoining residences.
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(f)
Activities associated with the use shall be carried on inside the dwelling or in a
building separate from the dwelling.
(g)
One building only, separate from the dwelling, may be used in connection with a
light industrial use and service use and shall conform to the Accessory Buildings
condition height and floor area limit for this zone; child care use shall be carried
out in the dwelling unit or be attached to the dwelling unit.
(h)
Except for child care, no more than 30% of the total floor area of the dwelling is
devoted to the use.
(i)
The use shall not generate traffic, parking, sewage or water use in excess of what
is normal in the residential area.
(j)
Activities associated with the use are not hazardous and do not cause a noticeable
increase in noise, odour, dust or fumes, nor cause electrical interference or in any
other way result in a nuisance to the occupants of surrounding residences.
(k)
The residential lot has sufficient area to accommodate the parking requirements of
the dwelling unit and the home occupation.
(l)
No regular parking of commercial vehicles except for one vehicle with a gross
weight of no greater than one tonne will be permitted on the lot or on the road
reservation adjacent to the lot.
8.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of rivers or
streams, or within 15 metres of the shoreline of ponds, with the exception of conservation
structures such as those designed to control flooding and erosion as well as bridges,
pathways, and public services. Development of marine or water related uses such as
wharfs, slipways, boathouse, etc. may be permitted. All development occurring within
these limits is subject to the approval of Council and the Department of Environment and
Conservation.
9.
Child Care
A day care or day nursery (i.e.: a child care operation in which services are regularly
provided to seven or more children), is subject to the following conditions:
(a)
The operation is in accordance with all applicable provincial laws and regulations.
(b)
A limit of one day care or day nursery will be permitted on any street.
(c)
The use will not occupy more than 70 m2 or 40% of the floor area, whichever is
less.
(d)
Provision for off-street parking will be required as per the off-street parking
requirements of these Regulations.
(e)
The drop-off and pick-up of children will not interfere with the free flow of
vehicular traffic.
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(f)
The use is not located adjacent to or near hazardous, dangerous, or incompatible
uses. These include, but are not limited to, heavy industrial uses, service stations,
garages, taverns, night clubs, and amusement uses.
10.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied
by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement shall
meet the requirements of Council, having regard to the safety and convenience of
users of adjacent streets and sidewalks, and the general amenities of the surroun-
ding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
11.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be located within
a reasonable distance of, and only show thereon the name and nature of the
distance or direction to, the premises to which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of streets, the
location of street junctions and nearby buildings, and amenities of the surrounding
area.
12.
Agricultural Uses
Council may permit small-scale agricultural uses, such as garden plots, hobby gardens on
a discretionary basis, provided such uses do not pose a nuisance to surrounding uses.
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13.
Mature trees
Because of their importance to the landscape and to the privacy and amenities of
residential areas, mature trees shall be preserved and replaced as necessary. Such trees
may be removed only when they become dangerous because of age, disease or proximity
to a building; if they are overcrowded, and unduly inhibit light and air circulation for
landscape purposes and building occupancy; or if they will unduly obstruct construction.
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USE ZONE TABLE
ZONE TITLE RESIDENTIAL SEASONAL (RS)
PERMITTED USES CLASSESS - see Regulation 90.
Seasonal residence, or cottage, recreational open space and conservation.
DISCRETIONARY USES CLASSES - see Regulation 34 and 91.
Convenience store and antenna.
CONDITIONS
1.
Development Standards
The development standards for a single dwelling in this zone shall meet the following
standards:
Minimum Lot Area
1860 m²
Minimum Floor Area
130 m²
Minimum Frontage
23 m
Minimum Building Line Setback
6 m
Maximum Building Line Setback
30 m
Minimum Sideyard Width
6 m
Minimum Rearyard Depth
10 m
Maximum Lot Coverage
33%
Maximum Height
10 m
2.
Discretionary Uses Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are compatible or 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.
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3.
Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have two street
frontages and shall be required to maintain the minimum building line setback on both the
primary and flanking streets as prescribed in the use zone table.
4.
Accessory Buildings
(a)
All accessory buildings shall have a maximum combined floor area of 75m2 (800
sq ft).
(b)
An accessory building shall be prohibited to project in front of a building line or in
the flanking sideyard of a corner lot.
(c)
Accessory buildings shall located be on the same lot as the residential dwelling
and shall be clearly incidental and complementary to the main use of the
residential dwelling in character, use, style and exterior finish, and shall be located
so as to minimize any visual impacts on adjoining properties.
(d)
The maximum height shall be 4m with a minimum of 1m from any property line
and 2m from the nearest corner of a residential dwelling.
(e)
Accessory buildings (private garages only) may be permitted in the sideyard at
Council discretion, but not in the flanking sideyard of a corner lot.
(f)
Residential lots may have more than one accessory building provided that the
maximum combined floor area of all buildings, including a second storey, shall
not be greater than the maximum area as set out in the General Development
Regulations and this Land Use Zone Table.
(g)
Aside from minor vehicle maintenance, no person shall use an accessory building
for the purpose of performing major repairs, painting, dismantling, or scrapping of
vehicles or machinery.
(h)
Where it can be clearly demonstrated that a need exists for a larger accessory
building, Council shall have discretion where the proposed accessory building will
exceed the maximum floor area of 75m², and the maximum height of 4m.
5.
Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following
conditions:
(a)
Convenience Store may form part of the residential dwelling or be a standalone
building.
(b)
The retail use shall be subsidiary to the residential character of the area, and shall
not affect residential amenities of adjoining properties.
(c)
Adequate provision for onsite parking, loading, buffering and landscaping.
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6.
Servicing
Land uses that may create or contribute to a requirement for municipal water shall be
prohibited, at the time of application or in the future.
7.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of rivers or
streams, or within 15 metres of the shoreline of ponds, with the exception of conservation
structures such as those designed to control flooding and erosion as well as bridges,
pathways, and public services. Development of marine or water related uses such as
wharfs, slipways, boathouse, etc. may be permitted. All development occurring within
these limits is subject to the approval of Council and the Department of Environment and
Conservation.
8.
Agricultural Uses
Council may permit small-scale agricultural uses, such as garden plots or hobby gardens,
on a discretionary basis, provided such uses do not pose a nuisance to surrounding uses.
9.
Mature trees
Because of their importance to the landscape and to the privacy and amenities of
residential areas, mature trees shall be preserved and replaced as necessary. Such trees
may be removed only when they become dangerous because of age, disease or proximity
to a building; if they are overcrowded, and unduly inhibit light and air circulation for
landscape purposes and building occupancy; or if they will unduly obstruct construction.
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USE ZONE TABLE
ZONE TITLE MIXED DEVELOPMENT (MD)
PERMITTED USE CLASSES - (see Regulation 89)
Single dwelling, double dwelling, cultural and civic, medical and professional, office,
personal service, general service, convenience store, child care, recreational open space,
conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Row dwelling, apartment building, boarding house residential, cultural and civic,
medical & professional, medical treatment and special care (senior's home only), general
assembly, passenger assembly, personal service, educational, place of worship, club and
lodge, catering, communications, taxi stand, catering and take-out food service,
convenience store, shop, indoor or outdoor market, service station, light industry,
cemetery and antenna.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
8 metres*
(b) Minimum sideyards
5 metres
(c) Minimum Rearyard
10 metres
(d) Maximum Height
10 metres
* Residential development shall conform to the standards of the Residential Medium Density
Land Use Zone Standards.
2.
Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have two street
frontages and shall be required to maintain the minimum building line setback on both the
primary and flanking streets as prescribed in the use zone table.
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3.
Accessory Buildings (Residential Development)
(a)
All accessory buildings shall have a maximum combined floor area of 75m2 (800
sq ft).
(b)
An accessory building shall be prohibited to project in front of a building line or in
the flanking sideyard of a corner lot.
(c)
Accessory buildings shall located be on the same lot as the residential dwelling
and shall be clearly incidental and complementary to the main use of the
residential dwelling in character, use, style and exterior finish, and shall be located
so as to minimize any visual impacts on adjoining properties.
(d)
The maximum height shall be 4m with a minimum of 1m from any property line
and 2m from the nearest corner of a residential dwelling.
(e)
Accessory buildings (private garages only) may be permitted in the sideyard at
Council discretion, but not in the flanking sideyard of a corner lot.
(f)
Residential lots may have more than one accessory building provided that the
maximum combined floor area of all buildings, including a second storey, shall
not be greater than the maximum area as set out in the General Development
Regulations and this Land Use Zone Table.
(g)
Aside from minor vehicle maintenance, no person shall use an accessory building
for the purpose of performing major repairs, painting, dismantling, or scrapping of
vehicles or machinery.
(h)
Where it can be clearly demonstrated that a need exists for a larger accessory
building, Council shall have discretion where the proposed accessory building will
exceed the maximum floor area of 75m², and the maximum height of 4m.
4.
Dwelling Frontage
The front wall of a dwelling shall be parallel to the street on which it is fronting and has a
civic number.
5.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council, provided that they are complementary to permitted uses and will not inhibit or
prejudice the existence or development of permitted uses.
6.
Buffer for Residential Uses
Where a non-residential use abuts a residential use, Council may require a screen or
barrier such as a fence, landscaped embankment, or trees to be erected on the non-
84
residential site along the lot lines, consistent with the visibility requirements for traffic
safety. Alternatively, Council may increase the sideyard and rearyard requirements on the
non-residential site to provide additional separation from the abutting residential use.
7.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied
by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement shall
meet the requirements of Council, having regard to the safety and convenience of
users of adjacent streets and sidewalks, and the general amenities of the surroun-
ding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
8.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be located within
a reasonable distance of, and only show thereon the name and nature of the
distance or direction to, the premises to which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of streets, the
location of street junctions and nearby buildings, and amenities of the surrounding
area.
9.
Home Businesses - Office, Medical and Professional Service, Personal Service, Child
Care and Light Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling consisting of an
occupation or profession which generates revenue for the resident.
Office, medical and professional service, personal service, and light industry uses may be
permitted provided they are carried out as home occupations, businesses operated in the
85
dwelling, or in a building subsidiary to the dwelling on the same lot, by the occupants of
the dwelling, and meet the following requirements.
(a)
Office uses shall be limited to small business services and professional offices;
(b)
Light Industry uses shall be limited to fabrication for the production of handmade
articles such as clothing, arts and crafts objects, and workshops;
(c)
The use is clearly subsidiary to the residential use, does not alter the residential
character of the dwelling unit, and does not detract from the residential character
of the neighbourhood.
(d)
No wholesale sales or storage of goods is carried out, any retail sales are incidental
and subsidiary to the approved use, no repairs to vehicles or heavy equipment are
carried out.
(e)
Activities associated with the use are not hazardous and do not cause noticeable
noise, odour, dust, fumes, or inconvenience to occupants of adjoining residences.
(f)
Activities associated with the use shall be carried on inside the dwelling or in a
building separate from the dwelling.
(g)
One building only, separate from the dwelling, may be used in connection with a
light industrial use and service use and shall conform to the Accessory Buildings
condition height and floor area limit for this zone; child care use shall be carried
out in the dwelling unit or be attached to the dwelling unit.
(h)
Except for child care, no more than 30% of the total floor area of the dwelling is
devoted to the use.
(i)
The use shall not generate traffic, parking, sewage or water use in excess of what
is normal in the residential area.
(j)
Activities associated with the use are not hazardous and do not cause a noticeable
increase in noise, odour, dust or fumes, nor cause electrical interference or in any
other way result in a nuisance to the occupants of surrounding residences.
(k)
The residential lot has sufficient area to accommodate the parking requirements of
the dwelling unit and the home occupation.
(l)
No regular parking of commercial vehicles except for one vehicle with a gross
weight of no greater than one tonne will be permitted on the lot or on the road
reservation adjacent to the lot.
10.
Place of Worship and Educational Use
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. The only educational uses that may be permitted on a discretionary
basis are elementary and junior high schools.
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11.
Convenience Store
Convenience stores will only be permitted as a discretionary use under the following
conditions:
(a)
Convenience Store may form part of the residential dwelling or be a standalone
building.
(b)
The retail use shall be subsidiary to the residential character of the area, and shall
not affect residential amenities of adjoining properties.
(c)
Adequate provision for on site parking, loading, buffering and landscaping.
12.
Child Care
A day care or day nursery (i.e.: a child care operation in which services are regularly
provided to seven or more children), is subject to the following conditions:
(a)
The operation is in accordance with all applicable provincial laws and regulations.
(b)
A limit of one day care or day nursery will be permitted on any street.
(c)
The use will not occupy more than 70 m2 or 40% of the floor area, whichever is
less.
(d)
Provision for off-street parking will be required as per the off-street parking
requirements of these Regulations.
(e)
The drop-off and pick-up of children will not interfere with the free flow of
vehicular traffic.
(f)
The use is not located adjacent to or near hazardous, dangerous, or incompatible
uses. These include, but are not limited to, heavy industrial uses, service stations,
garages, taverns, night clubs, and amusement uses.
(g)
The use is not located adjacent to or near hazardous, dangerous, or incompatible
uses. These include, but are not limited to, heavy industrial uses, service stations,
garages, taverns, night clubs, and amusement uses;
13.
Boarding House Residential
A boarding or lodging house is permitted in any dwelling that can adequately
accommodate the specified number of persons. The total number of boarders or lodgers
shall not exceed (5) persons.
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A "bed and breakfast" use in a dwelling may be permitted as a discretionary use to
provide room and board for tourists or the travelling public, under the following
conditions:
(a)
the use does not detract from the residential character of the neighbourhood;
(b)
the use is carried out by a resident/owner of the dwelling unit;
(c)
the dwelling in which the Bed and Breakfast use is carried out is similar in
exterior finish, design, height, and scale to a private residential dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or hedge;
(f)
the maximum number of guest rooms shall be five (5), and
(g)
the establishment is licensed under the Tourist Establishment Regulations, 1994,
as amended from time to time.
14.
Outdoor Storage
Outdoor storage will not be permitted in frontyards. It may be permitted in sideyards and
rearyards. Council may require fencing or other forms of screening to prevent an
unsightly appearance.
15.
Outdoor Market
An outdoor market may include a used car lot, provided due consideration is given to the
size and scale of the development relative to the site and to surrounding uses. Due
consideration shall also be given to buffering, off-street parking, traffic movement,
congestion, and safe access.
16.
Light Industry
General industrial uses shall be small scale light industrial uses such as small workshops
and warehouses, and autobody repair shops shall be permitted provided that;
(a)
The use shall constitute entirely or partly the livelihood of a person living in the
specified dwelling;
(b)
Activities associated with the use shall be carried on in building separate from the
residential dwelling;
(c)
One building only, separate from the dwelling, and located in the rear or side yard
a minimum of 2 m from any lot line, and having a maximum floor area of 75 m²
and a height of no more than 6 m, may be used in connection with the general or
light industrial use;
(d)
Activities associated with the use are not hazardous and do not create a nuisance
88
by reason of noticeable noise, odour, dust or flames, or result in electrical
interference;
(e)
Retail sales are incidental and subsidiary to the approved use and there is no
outdoor storage of equipment or materials.
(f)
No change is made in the type, class or extent of the use without a permit.
(g)
Adequate on-site parking, loading, buffering and landscaping is provided.
17.
Service Station
A Service Station may be permitted only in the form of pump islands to dispense motor
vehicle fuel and only in conjunction with a Convenience Store on the same site.
18.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of rivers or
streams, or within 15 metres of the shoreline of ponds, with the exception of conservation
structures such as those designed to control flooding and erosion as well as bridges,
pathways, and public services. Development of marine or water related uses such as
wharfs, slipways, boathouse, etc. may be permitted. All development occurring within
these limits is subject to the approval of Council and the Department of Environment and
Conservation.
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USE ZONE TABLE
ZONE TITLE COMMERCIAL- TOURIST (CT)
PERMITTED USE CLASSES - (see Regulation 89)
Outdoor Assembly, commercial residential, catering, restaurant, lounge, tourist/craft
shop, recreational open space.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Personal service, taxi-stand, take-out, single dwelling, outdoor market, convenience
store, antenna.
CONDITIONS FOR COMMERCIAL TOURIST
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
10 metres
(b) Minimum Sideyard Width
5 metres
(c) Minimum Rearyard Depth
10 metres
(d) Maximum Height
15 metres
2.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied
by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement shall
meet the requirements of Council, having regard to the safety and convenience of
users of adjacent streets and sidewalks, and the general amenities of the surroun-
ding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
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3.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be located within
a reasonable distance of, and only show thereon the name and nature of the
distance or direction to, the premises to which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of streets, the
location of street junctions and nearby buildings, and amenities of the surrounding
area.
4.
General Industry
Council may consider a general industry use within this Land Use Zone such that the
proposed use is associated with an existing commercial or industrial property.
5.
Buffers (around waterways)
An area 15 metres in width on each side of rivers, ponds and tributary streams shall be
maintained in a natural state. The limits shall be determined by Fisheries and Oceans and
the Water Resources Management Division, Department of Environment and
Conservation.
6.
Landscaping and Surfacing
Lots shall be landscaped. No debris or material left over from site preparation may be
allowed to remain in general public view. The surface of the entire lot must be finished
with a stable surface (grass, pavement, gravel) to ensure dusty or muddy surface
conditions will not arise.
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7.
Outdoor Storage
Outdoor storage shall not be permitted in front yards, but may be permitted in side yards
and rear yards. Council may require fencing or other forms of screening or buffers to
prevent an unsightly appearance.
8.
Storage of Flammable Liquids
All uses and structures for the bulk storage of flammable liquids shall conform to the
requirements of the Provincial Fire Commissioner and shall be surrounded by such
buffers and landscaping as Council may require to prevent damage to adjacent uses by
fire, explosion, or spills of flammable liquid.
9.
Buffer for Residential Uses
Where an industrial development abuts a residential use or proposed residential area or is
separated from it by a road only, the developer shall provide a buffer strip not less than 10
metres wide between any residential activity or area and the industrial use. The buffer
shall include a natural or structural barrier, as deemed necessary by Council, and shall be
maintained by the owner or occupier to the satisfaction of Council.
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USE ZONE TABLE
ZONE TITLE CONSERVATION (CON)
PERMITTED USE CLASSES - (see Regulation 89)
Conservation, recreation, open space, cemetery.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Agriculture; forestry; transportation, public utilities and antenna.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are complementary to permitted uses and will not inhibit or
prejudice the existence or development of permitted uses.
2.
Agricultural Use
Traditional small scale hobby and subsistence agricultural uses may be permitted such as
vegetable gardens. Areas of steep slope where soil erosion may occur shall not be
developed for agriculture uses, unless a soil erosion program can be developed and
implemented.
3.
Cemetery
Cemeteries which are located separately from a church shall be permitted in the
Conservation land use zone.
4.
Accessory Building
An accessory building may be permitted in association with a cemetery and shall have a
maximum floor area of 20 m2. Accessory buildings shall be located a minimum of 3
metres from the nearest part of the main building and a minimum of 1 metre from a side
and rear lot line and a maximum height of an accessory building shall be 5 metres.
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5.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of rivers or
streams, or within 15 metres of the shoreline of ponds, with the exception of conservation
structures such as those designed to control flooding and erosion as well as bridges,
pathways, and public services.
6.
Environmentally Sensitive Areas
Lands which are environmentally sensitive such as wetlands (bogs) and steep slopes shall
be prohibited from development. Vegetation and soils shall remain undisturbed.
7.
Recreation Uses
Recreation uses shall be passive uses such as walking trails and hiking trails. Buildings
for recreation uses shall be prohibited.
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USE ZONE TABLE
ZONE TITLE RECREATION (REC)
PERMITTED USE CLASSES - (see Regulation 89)
Recreation, conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Indoor assembly, outdoor assembly, cultural and civic, catering (take-out food service),
cemetery and antenna.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
5 metres
(b) Minimum Sideyards
5 metres
(c) Minimum Rearyard
10 metres
(d) Maximum Height
15 metres
2.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are complementary to permitted uses and will not inhibit or
prejudice the existence or development of permitted uses.
3.
Take-Out Food Service
A take-out food service use may be considered on a discretionary basis provided it serves
recreational activities only.
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4.
Cemetery
Cemeteries which are located separately from a church may be permitted in the
Recreation land use zone provided they have no adverse effect on existing recreation land
uses.
5.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of rivers or
streams, or within 15 metres of the shoreline of ponds, with the exception of conservation
structures such as those designed to control flooding and erosion as well as bridges,
pathways, and public services.
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USE ZONE TABLE
ZONE TITLE WATERSHED (WAT)
PERMITTED USE CLASSES - (see Regulation 89)
Conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Forestry, agriculture, public utility and antenna.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are complementary to permitted uses and will not adversely
affect the quality or quantity of water in the pond identified as a water supply source.
2.
Forestry, Agriculture, and Existing Uses
Selective forestry activities, agriculture, and the maintenance and limited extension of
existing uses may be permitted provided they cause no detrimental effect on water quality.
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USE ZONE TABLE
ZONE TITLE MINERAL WORKING (MW)
PERMITTED USE CLASSES - (see Regulation 89)
Mineral working, Conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
General industry, light industry and antenna.
CONDITIONS
1.
Separation from Adjacent Uses
Council shall be satisfied that the mineral working areas will not create a nuisance and
will not adversely affect the amenity of the specified development or natural feature, no
mineral working shall be located closer than the minimum distances set out below to the
specified development or natural feature:
Minimum Distance of
Pit and Quarry Workings
From:
Existing or proposed Residential Development
- where no blasting is involved
300 metres
- where blasting is involved
1000 metres
Any other developed area or area likely
150 metres
to be developed during the life
of the pit or quarry working.
Public highway or street
50 metres
Protected Road
90 metres
Waterbody or watercourse
50 metres
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2.
Screening
A mineral working shall be screened in the following manner where it is visible from a
public street or highway, developed area, or area likely to be developed during the life of
the use:
(a)
Where tree screens exist between the mineral working and adjacent public
highways and streets or other land uses (excepting forestry and agriculture), the
tree screens shall be retained in a 30-metre wide strip of vegetation so that
visibility of any part of the use from the surrounding uses or streets will be
prevented. The tree screens must be maintained by the owner or occupier of the
use to retain 30 metres in a forested appearance. Where vegetation dies or is
removed from the 30-metre strip, Council may require new trees of a minimum
height of 1 metre be planted to fill in the areas affected to the satisfaction of
Council or, at the discretion of Council, condition 4(b) must be undertaken.
(b)
Where no tree screens exist of sufficient width and density to constitute a visual
screen, earthen berms shall be constructed to a height sufficient to prevent
visibility of any part of the mineral working from adjacent uses (excepting forestry
and agriculture), or adjacent public highways and streets. The berms shall be
landscaped to Council's satisfaction.
(c)
Where natural topography creates a visual screen between mineral workings and
adjacent public highways and streets or other land uses (excepting forestry and
agriculture), additional screening may not be required.
(d)
Where effective screening for any mineral working or associated processing or
manufacturing use cannot be installed or located as required in (a) - (c) above,
Council may refuse to permit the use or associated activity.
3.
Fencing
Council may require the mineral working site or excavated areas of a pit or quarry
working to be enclosed by a fence designed and constructed to its specifications and no
less than 1.8 metres in height.
(a)
Effective tree screens shall be maintained around the periphery of any mineral
working. Where trees are not present to create an effective screen, Council may
require the installation of a landscaped embankment or fence.
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(b)
Topsoil removed for mineral working shall be retained for restoration of the site.
(c)
No mineral working shall be conducted which causes danger or nuisance to the
public.
(d)
No mineral working shall be permitted within the view of a designated scenic
road.
(e)
Proposed mineral working operations will be evaluated carefully by Council in
conjunction with the Department of Natural Resources.
(f)
No mineral working shall unacceptably reduce the quality of water in a
watercourse or waterbody. Any access road which crosses a watercourse shall
have a bridge or culvert according to the regulations of the Department of
Environment and Conservation.
(g)
No mineral working shall result in the excavation of land below the level of the
water table nor cause the ponding of water. However, settling ponds may be
permitted with the approval of the Department of Environment and Conservation.
(h)
No mineral working shall be carried out in a manner which causes the erosion of
adjacent land.
(i)
The mineral working shall be kept clean of refuse, abandoned vehicles and
equipment, and derelict buildings.
(j)
Upon completion of mineral working, and when there is no intention to re-open
such operations, all buildings and machinery shall be removed from the site and
the site restored so as not to constitute a danger to the public or present an
unsightly appearance.
4.
Water Pollution
No mineral working or associated drainage shall unacceptably reduce the quality of water
in any waterbody or watercourse. Any access road to a pit or quarry working which
crosses a brook or stream shall be bridged or have a culvert at the crossing, in accordance
with the Regulations of the Department of Environment and Conservation.
5.
Water Ponding
No mineral working or associated storm or sanitary drainage shall unacceptably reduce
the quality of water in any waterbody or watercourse. Any access road to a pit or quarry
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working which crosses a brook or stream shall be bridged or have a culvert at the
crossing, in accordance with the Regulations of the Department of Environment and
Conservation.
6.
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of adjacent
land.
7.
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned
equipment and any derelict buildings.
8.
Access Roads
During extended periods of shutdown, access roads to a mineral working shall be ditched
or barred to the satisfaction of Council.
9.
Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron stained
layer, shall be stripped and stockpiled at least 5 metres from active quarry or stockpile
areas. The owner or operator shall ensure that the quality of the topsoil is not affected by
dilution with other materials.
General Industry
10.
Council may permit processing and manufacturing use associated with mineral workings
provided that, in the opinion of Council, the use does not create a nuisance nor is liable to
become a nuisance or offensive by the creation of noise or vibration, or by reason of the
emission of fumes, dust, dirt, objectionable odour, or by reason of unsightly storage of
materials.
11.
All permanent or temporary buildings and structures associated with processing and
manufacturing will be located so as not to interfere with the present or future extraction of
aggregate resources.
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12.
Council may specify a minimum separation distance between operating plant or
associated processing and manufacturing structure or equipment and adjacent developed
areas likely to be developed during the life of the mineral working.
Termination and Site Rehabilitation
13.
Upon completion of the mineral working, the following work shall be carried out by the
operation:
(a)
All buildings, machinery and equipment shall be removed.
(b)
All pit and quarry slopes shall be graded to slopes less than 20o or to the slope
conforming to that existing prior to the mineral working.
(c)
Topsoil and any organic materials shall be re-spread over the entire quarried area.
(d)
The access road to the working shall be ditched or barred to the satisfaction of
Council.
14.
If the mineral working contains reserves of material sufficient to support further
extraction operations, Council may require the work described above to be carried out
only in areas of the site where extraction has depleted aggregate reserves.
15.
Short-term Mineral Workings
The following conditions shall apply to a Mineral Working which is subject to a
Department of Natural Resources Quarry Permit or which is proposed for a duration of
less than five years. Council may require an applicant for a development permit under
this condition to meet the stipulations set out in condition 18 below, if Council determines
that the size of the parcel or of the proposed mineral working, or the size of the aggregate
resource in the surrounding area is sufficiently large or the duration is sufficiently long to
warrant the application of condition 18.
(a)
An application for a development permit for the proposed Mineral Working use
shall be accompanied by a detailed sketch or sketches satisfactory to Council
which shall show the location of physical site features and extraction and
processing features required by Council, including but not limited to:
(i)
the general area of the location of the mineral working;
(ii)
boundaries of the parcel to be mined (ie. land covered by the development
application);
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(iii)
extent of the site area to be mined;
(iv)
roads, parking and loading areas and entrance and exit to the site;
(v)
waterbodies within the boundaries;
(vi)
waterbodies within 250 metre radius of the boundary;
(vii)
channels or ponds to be removed, shifted and created; and
(viii) the location of any building or structure and equipment which will be
located on the site.
(b)
Upon completion of the mineral working operations on the site, the developer
shall meet the conditions set out above and any other condition(s) stated in the
development permit that Council deems necessary for restoration of the site.
(c)
A temporary development permit may be issued for a maximum of one year and
may not be renewed after five consecutive years. Upon expiry of the development
permit Council shall inspect the site to confirm compliance with the development
permit and development regulations.
16.
Long-term Mineral Workings
The following conditions shall apply to a Mineral Working subject to a Department of
Natural Resources Quarry Lease or of a duration of 5 years or greater.
(a)
An application for a development permit shall include a Mineral Working
Development Plan satisfactory to the Authority for the proposed Mineral Working
use, which shall include a site plan showing the location of physical site features
and extraction and processing features required by the Authority including but not
limited to:
(i)
boundaries of the parcel to be mined;
(ii)
extent of site area(s) to be mined;
(iii)
buildings and structures on the site;
(iv)
roads, parking and loading areas and entrance and exit to the site;
(v)
fences, berms and landscaping provided for screening;
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(vi)
waterbodies and channels to be removed, shifted and created;
(vii)
location and expected maximum height of stockpiles of mined ores, sand
and gravel;
viii)
location of major machinery and conveyors for receiving and processing
raw ores including machinery for sifting, washing and grading ores, and
the manufacturing of concrete and stone products;
(ix)
the probable location of storage piles of topsoil and overburden removed
from earlier phases of mined areas and temporarily being stored for
replacement under the Reclamation plan; and
(x)
intended phases of mining operations to be carried out over all portions of
the site.
(b)
An application for a development permit shall include a Mineral Working
Reclamation Plan satisfactory to Council for the proposed mineral working use
which shall explain, illustrate and show to the satisfaction of Council a plan for
restoration of the site which includes final ground contours, slopes, depth of
topsoil, and vegetation and a phasing plan if necessary in the form of a grading
and landscape plan or plans.
17.
Financial Guarantee
(a)
The developer shall provide a financial guarantee in the form of a performance
bond or unconditional and irrevocable letter of credit or other form acceptable to
Council.
(b)
The financial guarantee shall be the greater of (a) $5,000 per hectare, prorated on
the basis of area to a minimum of $500, or (b) an amount to cover the costs of
restoring or landscaping the site after the quarry operations have ended or the site
is abandoned by the applicant.
(c)
The financial guarantee shall be returned when the Reclamation Plan has been
carried out or the development terminated and any conditions attached to the
development permit have been met to the satisfaction of Council.
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18.
Permit Fee
The development permit fee for a Mineral Working use shall be determined by Council in
an amount sufficient to cover the review of the Development and Reclamation Plans or
the detailed sketch as required above, and determination of the amount of the financial
guarantee described in section 17 above by a professional engineer, ongoing inspection of
the site for conformity with the named Plans or sketches and with the conditions of the
development permit, and inspection of the site to determine acceptable reclamation for
purposes of return or cancellation of the financial guarantee.
19.
Buffer (around waterways)
The area 15 metres in width on each side of rivers, ponds and tributary streams shall be
left in a natural state. Its precise limits shall be identified and determined by the Federal
Department of Fisheries and Oceans and Provincial Department of Environment and
Conservation, Water Resources Management Division.
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USE ZONE TABLE
ZONE TITLE RURAL (RU)
PERMITTED USE CLASSES - (see Regulation 89)
Agriculture, forestry, recreation, open space, and conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Outdoor Assembly, single dwelling, veterinary, outdoor market, general industry,
mineral working, cemetery, animal, mineral working, transportation and antenna.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are complementary to permitted uses and will not inhibit or
prejudice the existence or development of permitted uses.
2.
Development Standards
The development standards for uses in this zone shall be determined case-by-case and
shall conform to the standards for the same uses in other zones.
3.
Single Dwellings
Single residential dwellings may be permitted in conjunction with a permitted use such as
agriculture. The agricultural uses shall be a commercial business and the full time farmer
shall obtain a minimum of 50 % of the gross income from the farm operation. The
commercial operation shall be in operation for a minimum of two years before Council
will approve any residential development.
4.
General Industry
General Industrial uses and associated accessory uses may be permitted by Council
provided that:
(a)
The use is restricted to maintenance and repair of equipment, processing and
storage related to agriculture or forestry uses,
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(b)
The site is unsuitable for location in the General Industrial zone,
(c)
Municipal services, such as town water and sewer will not be required,
(d)
The proposed use will not have an adverse visual impact on the built-up areas of
the Town and Council may require that the site be screened or not visible from
public roads and the built-up area,
(e)
The proposed use will not generate an increase in traffic on roads in the built-up
areas of the Town,
(f)
The proposed site can be developed without negative impact on the natural
environment and amenities of the Town, including watercourses and ponds.
5.
Mineral Working
Council may permit mineral working subject to the conditions as outlined in the Mineral
Working Land Use Zone Table of the Northern Arm Development Regulations.
6.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied
by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement shall
meet the requirements of Council, having regard to the safety and convenience of
users of adjacent streets and sidewalks, and the general amenities of the
surrounding area.
(b)
No advertisement shall exceed 5 m2 in area.
7.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
(a)
No advertisement shall exceed 3 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be located within
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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 satis-
faction of Council, having regard to the grade and alignment of streets, the
location of street junctions and nearby buildings, and the amenities of the
surrounding area.
8.
Seasonal Residential
Seasonal residential use and recreation cottage use shall not be permitted within the Rural
Land Use Zone.
9.
Industrial Uses
a)
Industrial uses shall be limited to those which must be located within the Rural
area in order to avail of raw materials, or to avoid the creation of a hazard or
nuisance in built-up areas.
b)
Council may establish any conditions relating to mineral workings be included as
conditions for development of an Industrial Use.
c)
Industrial development shall not be permitted in this zone unless adequate services
and fire fighting capability, designed to meet the needs of the particular industrial
uses permitted, are available.
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SCHEDULE D - OFF-STREET PARKING REQUIREMENTS
CLASS
ASSEMBLY USES
(a) Theatre
Two spaces for every 5 seats
(b) Cultural and Civic
One space for every 50m2 of gross floor area
(c) Educational
K - 12 - 3 spaces for every classroom.
Other facilities - 1 space for every 5 persons using the facilities
(students, faculty and staff)
(d) Place of Worship
Two spaces for every 5 seats
(e) Passenger Assembly
As specified by the Council
(f) Private Club
One space for every 3 persons that may be accommodated at one
time
(g) Catering
One space for every 3 persons that may be accommodated at one
time
(h) Lounges and Bars
One space for every 3 persons that may be accommodated at one
time
(i) Funeral Home
One space for every 10m2 of gross floor area
(j) Child Care
One space for every 20m2 of gross floor area
(k) Amusement
One space for every 10m2 of gross floor area
(l) Indoor Assembly
One space for every 10 persons that may be accommodated at one
time
(m) Outdoor Assembly
As specified by the Council
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CLASS
INSTITUTIONAL USES
(a) Detention Centre
As specified by the Council.
(b) Medical Treatment and Special Care One space for every 20m2 of gross floor area
(c) Special Care
One space for every bed
(d) Collective Residential
As specified by the Council
CLASS
RESIDENTIAL USES
(a) Single Dwelling
Two spaces for every dwelling unit
(b) Double Dwelling
Two spaces for every dwelling unit
(c) Row Dwelling
Two spaces for every dwelling unit
(d) Apartment Building
Three spaces for every 2-dwelling units
(e) Subsidiary Apartment
One space for every apartment unit
(f) Hospitality Home
As specified by the Council
(g) Boarding House Residential
One space for every residential unit
(h) Mobile Home
Two spaces for every residential unit
CLASS
BUSINESS AND PERSONAL SERVICES
(a) Office
One space for every 20m2 of gross floor area
(b) Professional Service
One space for every 20m2 of gross floor area
(c) Personal Service
One space for every 20m2 of gross floor area
(d) General Service
One space for every 20m2 of gross floor area
(e) Communications
As specified by the Council
(f) Home Occupation
Minimum of 1 space per non-resident employee
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CLASS
COMMERCIAL USES
(a) Shopping Centre
One space for every 20m2 of gross floor area
(b) Shop
Min. of 2 spaces plus one space for every 20m2 of gross floor
area
(c) Convenience Store
Min. of 2 spaces plus one space for every 20m2 of gross floor
area
(d) Take-Out Food
Min. of 2 spaces plus one space for every 15m2 of gross floor
area
(e) Vending Stand
Minimum of 2 spaces plus additional as specified by the
Council
(f) Indoor Market
As specified by the Council
(g) Outdoor Market
As specified by the Council
(h) Service Station
One space for every 20m2 of gross floor area
(i) Commercial Residential
One space for every rental room
CLASS
INDUSTRIAL USES
(a) Hazardous Industry
One space for every employee, plus 3
(b) General Industry
One space for every employee, plus 3
(c) Light Industry
One space for every employee, plus 3
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CLASS
NON-BUILDING USES
(a) Outdoor Recreation
As specified by the Council
(b) Conservation
As specified by the Council
(c) Cemetery
As specified by the Council
(d) Scrap Yard
As specified by the Council
(e) Animal
Min. of 2 spaces plus one space for every 20m2 of gross floor area
(f) Transportation
As specified by the Council