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IMAGINE
PARADISE
TOWN OF PARADISE
DEVELOPMENT REGULATIONS
2016
Consolidated Development Regulations - Updated June 2025
TOWN OF PARADISE DEVELOPMENT REGULATIONS
Please note this is not the official copy of the Paradise
Development Regualtions, but rather a consolidated copy to
include amendments.
List of Development Regulations Amendments
Effective Date
Amendment
Description
2019-01-25
Development Regulations
Amendment 1, 2018
Rezones land northeast of the Dianne Whalen Soccer
Complex from 'Commercial General' to 'Public Use' to
accommodate an intermediate school. Map
amendment only.
2019-01-25
Development Regulations
Amendment 2, 2018
Rezones land located south of Alma Avenue and east
of Ravenwood Crescent from 'Open Space
Recreation' and 'Public Use' to 'Residential Medium
Density' to accommodate a residential subdivision.
Map amendment only.
2020-02-21
Development Regulations
Amendment 2, 2019
Text amendment adding 'Child Care' to the
'Commercial General' zone.
2020-08-14
Development Regulations
Amendment 5, 2020
Text amendment allowing Stokes Road to have a
minimum frontage of 35 metres for single dwellings
in the 'Rural Residential' zone.
2020-08-28
Development Regulations
Amendment 6, 2020
Text amendment to the 'Residential Medium Density'
zone, allowing a maximum setback of 55 metres for
41 Topsail Pond Road.
2020-09-18
Development Regulations
Amendment 7, 2020
Text amendment to section 7, Signage, of the
Development Regulations.
2021-12-03
Development Regulations
Amendment 9, 2021
Rezones land located on St. Thomas Line from
'Residential Subdivision Area' to 'Residential Low
Density' and 'Residential Medium Density' to
'Residential Low Density' to accommodate a
residential subdivision. Map amendment only.
2022-03-25
Development Regulations
Amendment 10, 2022
Text amendment making changes to four (4) areas of
the Development Regulations: Development Over
Easements; Subdivision Design Standards for Local
Streets; Residential Watershed Use Zone Standards;
and, Subsidiary Apartments.
2022-04-29
Development Regulations
Amendment 11, 2022
Text amendment making changes to Section 2,
Section 5, Section 9, and Appendix B regarding Family
and Group Care Centres.
2022-07-08
Development Regulations
Amendment 12, 2022
Text amendment making changes to Section 2,
Section 5.4, Section 9.11, and Appendix D.
2022-07-15
Development Regulations
Amendment 8, 2020
Text amendment to Section 4.17 On-Site Water and
Wastewater Systems and Section 9.24 Commercial
Light Industrial (C/LI) zone, which enables Municipal
Plan Amendment 2, 2020.
2022-10-14
Development Regulations
Amendment 13, 2022
Text amendment to Section 9.25 Industrial General
adding "Lounge" and "Restaurant" to the list of
Discretionary Uses.
2023-03-24
Development Regulations
Amendment 16, 2023
Rezones land at 22-40 McNamara Drive from Public
and Commercial/Light Industrial zones to the Planned
Mixed Development Commercial zone for the
purpose of enabling a mixed-use development.
Appendix G is added to the Paradise Development
Regulations which includes the Mixed-Use
Development Plan for 22-40 McNamara Drive.
List of Development Regulations Amendments
Effective Date
Amendment
Description
2023-04-21
Development Regulations
Amendment 14, 2023
Text amendment regarding multiple buildings on one
Lot making changes to Section 2, 4.10, 5, 8.2, 9.11,
9.12, 9.18, 9.22, and Appendix B.
2023-06-02
Development Regulations
Amendment 17, 2023
Text amendment regarding building height in the RLD,
RMD, RHD, RWS, and RR zones; changes to section
4.11 and section 8.7.
2023-07-21
Development Regulations
Amendment 15, 2023
Rezones land located west of St. Thomas Line
adjacent to Pheonix Drive, Kemble Avenue and South
of Picco Drive from 'Comprehensive Development
Area' to 'Residential Medium Density', 'Open Space
Recreation' and 'Conservation' zone. A small portion
of 'Residential Medium Density' is rezoned to 'Open
Space Recreation' zone.
2024-01-05
Development Regulations
Amendment 18, 2023
Text amendment to Section 9.20, which introduces a
new section titled "12. List of Approved Development
Plans." This amendment includes "Appendix H:
Market Ridge Commercial/Residential Development
Plan" to explain the concept plan for the
development.
2024-02-16
Development Regulations
Amendment 20, 2023
Text amendment to Section 4.2 Accessory Buildings,
to modify the regulations concerning greenhouses,
excluding properties located in the 'Residential
Watershed (RWS)' zone.
2024-07-05
Development Regulations
Amendment 25, 2024
Text amendment to Sections 4.2.2, 9.10, 9.11, 9.12,
9.13, 9.14, 9.15, 9.17, 9.18, and 9.19 to address the
ambiguity regarding application of variances to
accessory buildings.
Text amendment to Section 5.15 to ensure that new
subsidiary apartments offer adequate space for
access.
Text amendment to Section 8.2 to align the parking
requirements of General Industry and General
Garage.
2025-01-24
Development Regulations
Amendment 24, 2024
Rezones land at 81-85 Karwood Drive from
'Commercial General (CG)' to 'Residential Medium
Density (RMD).' Map amendment only.
2025-01-10
Development Regulations
Amendment 26, 2024
Text amendment to Section 9.19 Residential Mini
Home (RMH), making Subsidiary Apartments a
permitted use instead of a prohibited one in the RMH
zone.
2025-06-20
Development Regulations
Amendment 28, 2025
Text amendment to Sections 3.16 Approval in
Principle, 3.17 Development Approval, 4.3
Landscaping in Residential Developments, 4.10
Multiple Uses and Buildings on a Lot, 4.24 Mini-Split
Heat Pumps, 5.15 Subsidiary Apartments, 6.11(c)
Street Intersection Requirement, 6.11(e) Street
Blocks, 6.15 Lot Grading, 7.20 Ground Sign, 8.5 Non-
Residential Parking Areas, 9.20 Planned Mixed
Development (Commercial)
TABLE OF CONTENTS
Table of Contents
1: APPLICATION
1
1.1
Title
1
1.2
Interpretation
1
1.3
Commencement
1
1.4
Municipal Regulations
1
1.5
Council
1
1.6
Delegation of Authority
1
1.7
Provincial Development Regulations
1
2: DEFINITIONS
2
3: GENERAL REGULATIONS
14
3.1
Compliance with Regulations
14
3.2
Permit Required
14
3.3
Licenses, Permits and Compliance with Other By-laws
14
3.4
Approval To Develop
14
3.5
Permit Not To be Issued In Certain Cases
14
3.6
Discretionary Powers of Council
15
3.7
Variances
15
3.8
Notice of Variance
15
3.9
Service Levy
16
3.10
Financial Guarantees and Insurance
16
3.11
Dedication of Land for Public Use
16
3.12
Restoration of Land
16
3.13
Application
16
3.14
Register of Application
17
3.15
Deferment of an Application
17
3.16
Approval in Principle
17
3.17
Development Approval
17
3.18
Revoke Development Approval and Permit
18
1
TABLE OF CONTENTS
3.19
Correction of Errors and Remedial Work
18
3.20
Temporary Structures
18
3.21
Building Permit Fees
18
3.22
Decisions of Council
18
3.23
Notice of Right to Appeal
18
3.24
Appeal Requirements
18
3.25
Appeal Registration
19
3.26
Development Prohibited
19
3.27
Board of Appeal
19
3.28
Appeals
20
3.29
Hearing Notice and Meetings
20
3.30
Hearing of Evidence
21
3.31
Return of Appeal Fee
21
3.32
Notice of Application
21
3.33
Enforcement Right of Entry
21
3.34
Record of Violations
22
3.35
Stop Work Order and Prosecution
22
3.36
Delegation of Powers
22
3.37
Land Use Assessment Report
22
3.38
Environmental Site Assessment and Remediation
22
3.39
Archaeological Assessment
22
4: General Development Standards
23
4.1
Access and Service Streets
23
4.2
Accessory Buildings
24
4.3
Landscaping
27
4.4
Landscaped Buffer or Screen
28
4.5
Building Height
28
4.6
Building Line and Setback
28
4.7
Lot Area
29
4.8
Lot Area and Size Exceptions
29
4.9
Lot Frontage
29
TABLE OF CONTENTS
4.10
Multiple Uses and Buildings on a Lot
29
4.11
Non-Conforming Use
30
4.12
Side Yards
30
4.13
Development Over Easements
30
4.14
Minor Front and Flanking Yard Projections
30
4.15
Street Construction Standards
31
4.16
Drainage System of Developments
31
4.17
On-Site Water and Wastewater Systems
31
4.18
Conservation of Natural Environment and Aesthetic Areas
31
4.19
Storage of Flammable Liquids
31
4.20
Shoreline Buffers
32
4.21
T'Railway Provincial Park Corridor/Grand Concourse/Walkways
32
4.22
East Coast Trail
32
4.23
Swimming Pools
32
4.24
Heat Pump, Air Conditioner, External Fan or Mini-Split Heat
Pump
32
4.25
Provincial Highways
33
4.26
Street Hierarchy
33
4.27
Vision Obstruction at Intersection (Sight Triangle)
33
4.28
Development Along Topsail Bluff
34
4.29
Removal of Excavated Material
34
5: Specific Use Regulations
35
5.1
Adult Day Care Use (Non-Residential)
35
5.2
Adult Day Care Use (Residential)
35
5.3
Agriculture (Commercial) - Livestock Structures
36
5.4
Agriculture (Urban)
36
5.5
Animal Uses
37
5.6
Assisted Living Residential Complex
37
5.7
Automotive Sales
38
5.8
Bed and Breakfast
38
5.9
Child Care (Daycare Centre)
38
TABLE OF CONTENTS
5.10
Child Care (Family)
38
5.11
Home-Based Business
39
5.12
Home Office Use
39
5.13
Non-Residential Buildings (adjacent to Residential Areas)
40
5.14
Service Stations and Gas Bars
40
5.15
Subsidiary Apartments
41
5.16
Telecommunications and Antennas
41
5.17
Veterinary Clinics and Animal Grooming
41
5.18
Family and Group Care Centre (2022-04-29)
41
5.19
Cluster Development (2023-04-21)
42
6: SUBDIVISION OF LAND
43
6.1
Permit Required
43
6.2
Services to be Provided
43
6.3
Building Permit Required for Each Lot
43
6.4
Issue of a Development Approval Subject to Considerations 43
6.5
Minor Subdivisions
44
6.6
Major Subdivisions
44
6.7
Subdivision Agreement
44
6.8
Land for Public Use
45
6.9
Payment of Service Levies and Other Charges
45
6.10
Structure in Street Reservation
45
6.11
Subdivision Design Standards
45
6.12
Cul-de-sac Streets
48
6.13
Open Space Areas
48
6.14
Building Lines
48
6.15
Lot Grading
48
6.16
Engineer to Design Works and Certify Construction Layout 49
6.17
Street Works May Be Deferred
49
6.18
Transfer of Streets and Public Utilities to Council
49
6.19
Restriction on Sale of Lots
50
TABLE OF CONTENTS
7: SIGNAGE
51
7.1
Intent
51
7.2
Definitions
51
7.3
Permit Required
54
7.4
Form of Application
54
7.5
Prohibited Signs
54
7.6
Removal of Signs
55
7.7
Signs Prohibited in Street Reservation
55
7.8
Sight Triangle
55
7.9
Easements
55
7.10
Signs Exempt from Control
55
7.11
Signs Associated with Non-Conforming Uses
56
7.12
Non-Conforming Signs
56
7.13
Number of Signs
56
7.14
Banner Signs
56
7.15
Bench and Bus Shelter Signs
56
7.16
Canopy Sign
56
7.17
Changeable Message Signs
56
7.18
Election Signs
58
7.19
Electrical or Illuminated Signs
58
7.20
Ground Sign
58
7.21
Inflatable Sign
59
7.22
Marquee Sign
59
7.23
Menu Boards
59
7.24
Off-Site Directional Sign
60
7.25
Portable Sign
60
7.26
Projecting Sign
60
7.27
Real Estate Signs
61
7.28
Sidewalk Sign
61
7.29
Vehicle Signs
61
7.30
Wall Sign
61
7.31
Signs Permitted in Use Zones
62
TABLE OF CONTENTS
7.32
Engineering Design Requirements (2020-09-18)
63
8: OFF-STREET PARKING AND LOADING
64
8.1
Off-street Parking Requirements
64
8.2
General Parking Requirements
64
8.3
Unspecified Parking Standards
66
8.4
Residential Off-Street Parking Spaces
66
8.5
Non-Residential Parking Areas
66
8.6
Parking Space Layout
67
8.7
Parking Spaces for Persons with Disabilities
68
8.8
Parking Relief
68
8.9
Drop-Off and Pick Up Areas
68
8.10
Off-Street Loading Requirements
68
8.11
Bicycle Parking
69
8.12
Drive-Through Facilities
69
9: USE ZONES
70
9.1
Identification of Zones
70
9.2
Interpretation of Zone Boundaries
70
9.3
Classification of Land Uses and Buildings
70
9.4
Permitted Uses
70
9.5
Discretionary Uses
70
9.6
Prohibited Uses
70
9.7
Uses Permitted in All Zones
71
9.8
Standards and Conditions
71
9.9
Use Zones
71
9.10
Residential Low Density (RLD)
72
9.11
Residential Medium Density (RMD)
74
9.12
Residential High Density (RHD)
79
9.13
Residential Watershed (RWS)
83
9.14
Rural Residential (RR)
84
9.15
Rural Residential Conservation (RRC)
85
TABLE OF CONTENTS
9.16
Residential Subdivision Area (RSA)
88
9.17
Planned Mixed Development (Residential) (PMDR)
89
9.18
Residential Mixed (RM)
93
9.19
Residential Mini Home (RMH)
95
9.20
Planned Mixed Development (Commercial) (PMDC)
96
9.21
Commercial General (CG)
99
9.22
Commercial Main Street (CM)
100
9.23
Commercial Neighbourhood (CN)
102
9.24
Commercial Light Industrial (C/LI)
103
9.25
Industrial General (IG)
106
9.26
Public Use (PU)
107
9.27
Open Space/Recreation (OSR)
108
9.28
Open Space/Buffer (OSB)
109
9.29
Conservation (CON)
110
9.30
Rural (RUR)
111
9.31
Quarry (Q)
112
9.32
Comprehensive Development Area (CDA)
113
APPENDIX A: Land Use Zoning Map
114
APPENDIX B: Classification of Uses and Buildings
116
APPENDIX C: Infill Limits Map
122
APPENDIX D: Development Limits, Existing Streets
124
APPENDIX E: Provincial Development Regulations
126
APPENDIX F: Street Classification Map
128
APPENDIX G: Plan for Civic No. 22-40 McNamara Drive
130
APPENDIX H: Market Ridge Commercial/Residential Plan
132
The Town of Paradise acknowledges and
thanks the Town of Truro for the use of graphics
throughout this document.
TOWN OF PARADISE DEVELOPMENT REGULATIONS
1
Introduction
1.1
Title
These Regulations may be cited as the Town of Paradise Development Regulations,
2016.
1.2
Interpretation
Words and phrases used in these Regulations shall have the meanings ascribed to
them in Sections 2 and 7 of these Regulations. Words and phrases not defined in these
Regulations shall have the meanings which are commonly assigned to them in the
context in which they are used in the Regulations.
1.3
Commencement
These Regulations come into effect throughout the Paradise Municipal Planning Area,
referred to as the Planning Area, on the date of publication of a notice of registration to
that effect in the Newfoundland and Labrador Gazette.
1.4
Municipal Regulations
The Building Regulations, the Fire Regulations and any other municipal regulations
controlling Development shall, under these Regulations, apply to the Paradise Municipal
Planning Area. The National Building Code of Canada, Fire Code of Canada, and all
ancillary codes and regulations, shall also apply to the entire Planning Area.
1.5
Council
In these Regulations, Council means the municipal council of the Town of Paradise.
1.6
Delegation of Authority
Where the term Council is referenced in these Regulations, Council may delegate its
authority to administer these Regulations or part thereof to an employee of Council or
an agent in the employment of Council by a resolution of Council.
1.7
Provincial Development Regulations
Appropriate Sections of the Urban and Rural Planning Act, 2000 and the full text of
the Provincial Development Regulations have been incorporated into the Paradise
Development Regulations and are marked as follows:
Where there is a conflict between these Regulations and the Provincial Regulations, the
Provincial Regulations shall apply (See Appendix E).
1
2
3
4
5
6
7
8
9
1: APPLICATION
Provincial
Reg. X
Urban and
Rural Planning
Sec. X
2
TOWN OF PARADISE DEVELOPMENT REGULATIONS
DEFINITIONS
2: 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 includes:
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 that is
customarily incidental or complimentary to the main Use of the Building or Land.
b. for residential Uses: domestic garages, carports, ramps, sheds, Swimming Pools,
greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for domestic
pets, or radio and television antennae.
c. for commercial Uses: workshops, garages; and
d. for industrial Uses: garages, Offices, raised ramps and docks.
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.
ADULT DAY CARE USE (NON-RESIDENTIAL) means a Building or part of a Building
maintained for the purpose of providing day care services and activities for adults.
ADULT DAY CARE USE (RESIDENTIAL) means a dwelling or part thereof in which day
care services and activities are regularly provided to adults not related to the resident
operator.
AGRICULTURE (COMMERCIAL) means horticulture, fruit, grain and seed growing,
dairy farming, bee keeping, the breeding or keeping of animals for food, skins, or fur,
the use of Land, meadow land, market gardens and nursery grounds and the use of
Land for woodlands where that Use is ancillary to the farming of the Land. Agriculture
includes primary processing of on-site products. For the purposes of these Regulations,
Agriculture also includes the keeping or boarding of horses.
AGRICULTURE (URBAN) means the keeping of a limited number of birds, poultry, goats,
or a beehive on a residential Lot for the purposes of providing food for the personal
consumption of the occupants of the dwelling. For the purpose of these Regulations,
Urban Agriculture does not include home gardens.
AMENITY SPACE means a common area on a property that provides benefits to the
occupants, which increase the attractiveness, functionality and value of a property
and which areas are dedicated to passive and active recreational Uses, exclusive of
parking lots and drive isles. Such areas can include but are not limited to patios, decks,
Swimming Pools, paths, leisure spaces or lawns. Within a Building, hallway, elevators,
stairways and exits are not considered Amenity Space.
Provincial
Reg. 4 (1) (a)
Provincial
Reg. 4 (1) (b)
Provincial
Reg. 4 (1) (c)
Provincial
Reg. 2 (a)
1
2
3
4
5
6
7
8
9
3
DEFINITIONS
ANIMAL USE means the keeping of animals (including horses) intended as domestic
pets and the associated structures necessary to house them, including Kennels.
ANIMAL GROOMING means a Building or part of a Building primarily engaged in
providing services involving the non-medical aesthetic care of animals including, but
not limited to, grooming, washing, styling, and trimming their coats, and may include
day care, but does not include a Kennel.
APPLICANT means a person who has applied to the Authority for an approval to carry
out a Development.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPROVAL IN PRINCIPLE means a preliminary approval of a Development conditional
upon the submission of additional plans and details before a development approval/
building permit is issued.
ASSISTED LIVING RESIDENTIAL COMPLEX means a residential Building designed for
people seeking assisted home care by the content and layout of the Dwelling Units
(varying in size, number of bedrooms, shared kitchens), provisions for common dining
facilities, recreation areas, Amenity Spaces, respite units, and the accessibility of all
units and facilities to the physically challenged. Provision of services such as day care for
adults, housekeeping, personal care, meal programs, physiotherapy, activity programs
may also be provided. The Use includes Personal Care/Nursing Homes but does not
include a hospital.
AUTHORITY means a council, authorized administrator or regional authority.
AUTOMOTIVE SALES means a structure or an open area used for storage or display, for
sales purposes, of three (3) or more motor vehicles.
BED AND BREAKFAST means a single unit dwelling in which the resident supplies, for
compensation, not more than four (4) bedrooms for the temporary accommodation of
travellers.
BOARDING HOUSE means a dwelling wherein accommodation is provided for between
five (5) and sixteen (16) persons inclusive, in which kitchen and/or bathroom facilities are
used in common by some or all of the occupants.
BUILDING means:
a. a structure, erection, excavation, alteration or improvement placed on, over or under
Land, or attached, anchored or moored to Land.
b. mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar Uses.
c. a part of and fixtures on buildings referred to in (a) and (b), and
d. 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).
Provincial
Reg. 2 (b)
Provincial
Reg. 2 (c)
Urban and Rural
Planning Act
Sec. 2 (c)
1
2
3
4
5
6
7
8
9
4
TOWN OF PARADISE DEVELOPMENT REGULATIONS
DEFINITIONS
1
2
3
4
5
6
7
8
9
BUILDING HEIGHT means the vertical distance, measured 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
and in any case, a Building Height shall not include mechanical structures, smokestacks,
steeples, and purely ornamental structures above a roof.
BUILDING LINE (SETBACK) means a line established by Council that runs parallel to
the Street Line and is set at the closest point to a Street that a Building may be placed.
CAR WASHING ESTABLISHMENT means an establishment used exclusively for washing
or cleaning motor vehicles for gain.
CHILD CARE (FAMILY) means a Building or part of a Building in which services and care
are regularly provided to up to seven (7) children.
CHILD CARE (DAYCARE CENTRE) means a Building or part of a Building in which
licensed child care services are provided to more than six (6) children at any one time in
accordance with the Child Care Services Act, but does not include a school as defined in
the Schools Act.
CLUSTER DEVELOPMENT means two or more Buildings that are comprised
of Single-Detached Dwellings, Semi-Detached Dwellings, Row Dwellings, or
Apartment Buildings, and any combination thereof on one Lot. (2023-04-21)
COMMUNITY GARDEN means an outdoor space used to grow and care for vegetables,
flowers, and/or annual plantings for personal consumption or non-commercial
purposes.
Provincial
Reg. 4 (1) (d)
Provincial
Reg. 4 (1) (e)
FLAT
GABLE
MANSARD
GAMBREL
HIPPED
5
DEFINITIONS
1
2
3
4
5
6
7
8
9
DEVELOPMENT means the carrying out of building, engineering, mining or other
operations in, on, over, or under Land, or the making of a material change in the Use,
or the intensity of use of Land, Buildings, or premises and the:
a. making of an Access onto a highway, road or way.
b. erection of an advertisement or Sign.
c. construction of a Building.
d. the parking of a trailer, or vehicle used for the sale of refreshments or merchandise,
or as an Office, or for living accommodation;
and excludes
e. the carrying out of works for the maintenance, improvement or other alteration of
a Building, being works which affect only the interior of the Building or which do
not materially affect the external appearance or Use of the Building.
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.
DISCRETIONARY USE means a Use that is listed within the Discretionary Use classes
established in the Use Zone tables of Council's Development Regulations.
Urban and Rural
Planning Act
Sec. 2 (g)
Provincial
Reg. 4 (1) (f)
6
TOWN OF PARADISE DEVELOPMENT REGULATIONS
DEFINITIONS
1
2
3
4
5
6
7
8
9
DWELLING (DUPLEX)
means a Building
containing two
(2) Dwelling Units,
constructed one above
the other, each having
an individual entrance,
provided that no such unit
shall be constructed or
located in the basement of
any such dwelling.
DWELLING (ROW) means
a Building of three (3) or
more Dwelling Units at
ground level, where each
unit is separated vertically
from an adjoining unit
by a common wall, and
in which each unit may
be situated on a separate
Lot and may include a
Subsidiary Apartment.
DWELLING (SEMI-
DETACHED) means a
dwelling containing one
unit, situated on its own
Lot, separated vertically
from another adjoining
unit by a common
wall, and can include a
Subsidiary Apartment.
(2022- 07-08)
DWELLING (SINGLE-
DETACHED) means a
dwelling containing one
(1) main Dwelling Unit
situated on its own Lot,
which is not attached to
another dwelling, and
can include a Subsidiary
Apartment.
DWELLING (MULTIPLE
UNIT) means a Building
containing three (3) or
more Dwelling Units,
including an apartment
building, but does not
include a Row Dwelling.
(2022- 07-08)
DWELLING (SUBSIDIARY
APARTMENT) means a
separate Dwelling Unit
constructed within and
subsidiary to a Single,
Semi-detached, or Row
Dwelling.
(2022- 07-08)
7
DEFINITIONS
DWELLING UNIT means one or more habitable rooms designed, occupied or intended
for use by one or more persons as an independent and separate housekeeping
establishment containing cooking, eating, living, sleeping and sanitary facilities.
ENGINEER means a professional engineer who has a license to practice in
Newfoundland and Labrador and has complied with the provisions of the Association
of Professional Engineers and Geoscientists Act of Newfoundland and Labrador, and is a
member in good standing of the association created by that Act.
EXISTING means legally existing as of the effective date of these Regulations.
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; or
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 AND GROUP CARE CENTRE means a dwelling accommodating up to but
no more than four (4) persons exclusive of staff in a home-like setting. Subject
to the size limitation, this definition includes, but is not limited to, the facilities
called "Group Homes" and "Foster Homes" but shall not include "Halfway House".
(2022-04-29)
FLOOR AREA means the total area of all floors of a Building measured to the outside
face of exterior walls.
FLOOR AREA (NET) for the purposes of these Regulations means 80% of Floor Area.
FLOOR AREA (GROSS) means the total Floor Area of all floors in a Building or Buildings
on the Lot including basements and mezzanines but excluding any porches, verandas,
sunrooms (unless habitable in all seasons of the year), mechanical penthouse, any Floor
Areas used exclusively for parking area, or Amenity Space.
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, afforestation and
silviculture.
GENERAL GARAGE means a Building or part of a Building used for the repair of
equipment or self-propelled vehicles and/or trailers.
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.
Provincial
Reg. 4 (1) (g)
Provincial
Reg. 4 (1) (h)
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5
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7
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9
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TOWN OF PARADISE DEVELOPMENT REGULATIONS
DEFINITIONS
HAZARDOUS INDUSTRY means the use of Land or Buildings for industrial purposes
involving the storage or use of materials or processes, which because of their inherent
characteristics constitute a special fire, explosion, radiation or other environmental
hazard.
HEALTH AND FITNESS FACILITY means an establishment providing health, fitness
and recreational activities, such as, but not limited to boxing, dancing, gymnastics,
martial arts, weightlifting, yoga or other forms of physical exercise.
HISTORIC RESOURCE means a work of nature or of humans that is primarily of value
for its archaeological, prehistoric, historic, cultural, natural, scientific or aesthetic
interest, including an archaeological, prehistoric, historic or natural site, structure or
object.
HOME-BASED BUSINESS 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. Includes professional,
medical, personal, general service, and office Uses, as well as small-scale manufacturing
such as crafts and art, but does not include a woodworking shop for the purposes of
manufacturing such things as stairs or cabinets.
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.
KENNEL means a Building or premise where domestic household animals and birds
are boarded for breeding or otherwise.
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 that part of a Lot developed for beautification or visual
improvement such as, but not limited to, an artwork, berm, fence, fountain, lawn, path,
patio, pond, retaining wall, shrub, screen, tree, walkway, wall or existing natural treed
area, but does not include any space beneath, within or on top of a Building, or an
Access, driveway, parking area or ramp.
LAND USE ASSESSMENT REPORT means a report prepared by suitably qualified
persons(s) to identify and assess the impacts of a proposed Land Use or Development
on the urban or natural environment and/or surrounding Lands or neighbourhood, and
includes recommendations and proposal to control and mitigate identified impacts.
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.
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 (CORNER) means a Lot or parcel of Land abutting upon two
or more Streets at their intersection, or upon two parts of the
same Street forming an interior angle of less than 135 degrees.
Historic
Resources Act
Sec. 2 (e)
Urban and Rural
Planning Act
Sec. 2 (i)
Provincial
Reg. 4 (1) (j)
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2
3
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5
6
7
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9
DEFINITIONS
LOT AREA means the total horizontal area within the lines of a Lot.
LOT COVERAGE means the combined area of all
Buildings on a Lot measured at the level of the lowest
floor above the Established Grade and expressed as a
percentage of the total area of the Lot.
Lot coverage = Area of A + Area of B
Lot area
LOT DEPTH means the average distance between the Front Lot Line and the rear Lot
Line of a Lot.
LOT FRONTAGE (FRONTAGE) means the horizontal distance between side Lot Lines
measured at the Building Line.
LOT LINE means any line defining the boundaries of a Lot and shall include a Front Lot
Line, a rear Lot Line and a side Lot Line.
LOT LINE (FRONT) means the Street Line on which a Lot has its civic address, except
where a Lot has two (2) or more Street Lines, in which case Council shall determine the
Front Lot Line, considering the most appropriate siting of the Building on the Lot.
LOUNGE means a Building or part of a Building which is primarily used for the purpose
of selling and serving of spirits, wines or beer to the general public for consumption
on the premises and which is licensed under the Liquor Control Act and any regulations
made thereunder.
MAIN BUILDING means any Building which is carried on the principal purpose for
which the Building Lot is used.
Provincial
Reg. 4 (1) (k)
Provincial
Reg. 4 (1) (l)
Provincial
Reg. 4 (1) (i)
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3
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5
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7
8
9
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TOWN OF PARADISE DEVELOPMENT REGULATIONS
DEFINITIONS
MINERAL EXPLORATION means the activity of searching for minerals or mineral
occurrences including oil exploration, wherein for the purposes of these Regulations it
takes the form of a Development that is visible and involves an appreciable disturbance
of soil.
MINERAL WORKING means Land or Buildings used for the working, stockpiling or
extraction of rock, mineral, peat or aggregate material.
MINISTER shall mean the Minister of Municipal Affairs, unless otherwise specified.
MODULAR/MINI HOME means a transportable factory-built Single-detached Dwelling
Unit:
a. which complies with space standards substantially equal to those laid down in the
current edition of the National Building Code of Canada and is in accordance with
the construction standards laid down by the Canadian Standards Association and all
other applicable provincial and municipal codes; and
b. which is designed to be transported to a modular home Lot, and subsequently
supported on its own foundation; and
c. connected to piped water, piped sewer, and utilities in order to be suitable for year
round occupancy.
MUNICIPAL PLAN or PLAN means the Town of Paradise Municipal Plan, 2016.
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.
OFFICE means a room where business may be transacted, a service performed or
consultation given but does not include the manufacturing of any product or the on-site
retailing or selling of goods.
OWNER means a person or an organization or persons owning or having legal right to
use the Land under consideration.
PERMITTED USE means a Use that is listed within the Permitted Use classes set out in
the Use Zone tables of these Development Regulations.
PLACE OF WORSHIP means a Building dedicated to religious worship and includes a
church, synagogue, temple, or assembly hall and may include such Accessory Uses as
a nursery school, a school of religious education, convent, monastery,, parish hall, food
bank and residential dwelling/Dwelling Unit.
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 Paradise.
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.
RESTAURANT means a Building or part thereof, designed or intended to be used
or occupied for the purpose of serving food on the premises but does not include a
Lounge.
Provincial
Reg. 4 (1) (m)
Provincial
Reg. 4 (1) (n)
Provincial
Reg. 4 (1) (o)
Provincial
Reg. 4 (1) (p)
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3
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7
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DEFINITIONS
RETAIL STORE means a Building, or part thereof where consumer goods are displayed
for sale or rent, or sold directly to the public for the purchaser's own use, and includes a
garden centre, but does not include an establishment wherein the primary purpose is
the serving of meals or refreshments, a General Garage, or a Service Station.
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.
SHOPPING CENTRE means a group of Retail Stores with integrated parking which
is planned, developed and designed as a unit containing a minimum of five (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.
SIGHT TRIANGLE means a triangle-shaped
portion of Land established at Street
intersections to ensure a safe sight distance
for motorists entering or leaving the
intersection. The triangular-shaped portion
of Land is formed by the Street Lines and a
line drawn from a point in one Street Line
to a point in the other Street Line.
SIGN (See Section 7)
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 (ARTERIAL) means the Streets in the Planning Area constituting the main
traffic arteries of the area and shown as Arterial Streets or highways on the Land Use
Zoning Map.
STREET (COLLECTOR) means a Street that is designed to link Local Streets with
Arterial Streets and which is shown as a Collector Street on the Land Use Zoning Map.
STREET (LOCAL) means a Street designed primarily to provide access to adjoining
Land and which is not designated as a Collector Street or Arterial Street on the Land
Use Zoning Map.
Provincial
Reg. 4 (1) (t)
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9
7.6 m
7.6 m
12
TOWN OF PARADISE DEVELOPMENT REGULATIONS
DEFINITIONS
STREET (SERVICE) means a Street
constructed parallel to or close to
another Street for the purpose of
limiting direct access to that Street.
STREET RESERVATION means an area
determined by Council that is reserved
for a Street, a future Street or future
street improvements.
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
two (2) or more pieces (including Lots), for the purpose of Development.
SWIMMING POOL (RESIDENTIAL) means any in-ground or above-ground structure
that is located on a residential Lot capable of containing water with a minimum depth
of 91cm, including Swimming Pools, non-portable wading pools, and landscape water
features, but excludes hot tubs.
TAKE-OUT FOOD SERVICE means a retail establishment which sells prepared food not
for consumption on the premises.
URBAN PLANNER means a person who is a Member of the Canadian Institute of
Planners eligible to prepare plans under the Urban and Rural Planning Act, 2000.
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 Council's Regulations.
VETERINARY CLINIC means a facility for the medical care and treatment of animals
and includes provisions for their overnight accommodation but does not include any
outdoor facilities such as Kennels, pen runs and enclosures.
WETLAND means the Land usually or at any time occupied by water, where the water
table is at or is just above the surface of the Land either permanently or intermittently,
depending upon the class of the Wetland which includes bogs, fens, marshes, swamps
and shallow water zones along shorelines of bodies of water.
Provincial
Reg. 4 (1) (u)
Urban and Rural
Planning Act
Sec. 2 (q)
Provincial
Reg. 4 (1) (v)
Provincial
Reg. 4 (1) (w)
1
2
3
4
5
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7
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9
Provincial
Reg. 4 (1) (X)
13
DEFINITIONS
WHEELCHAIR RAMP (RESIDENTIAL) means a ramp to gain entry to a dwelling for use
by persons with disabilities resulting in them being non- or semi-ambulatory.
YARD means any open, uncovered, unoccupied space appurtenant to a Building.
YARD (ABUTTING) means the Yard of an abutting Lot which shares a Lot Line of the
subject property.
YARD (FLANKING) means the Side Yard of a Corner Lot extending from the Front Yard
to the Rear Yard between the flanking Lot Line and the nearest main wall of any Main
Building or structure on the Lot. (2022-07-08)
YARD DEPTH (FRONT) means a Yard extending across the full width of the Lot between
the Front Lot Line and the wall of a Main Building.
YARD DEPTH (REAR) means the distance between the rear Lot Line and the rear wall of
the Main Building on a Lot.
YARD DEPTH (SIDE) means the distance between the side Lot Line and the nearest side
wall of a Building on the Lot.
ZONING MAP means the map or maps attached to and forming part of Council's
Regulations.
Provincial
Reg. 4 (1) (r)
Provincial
Reg. 4 (1) (s)
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Provincial
Reg. 4 (1) (y)
14
TOWN OF PARADISE DEVELOPMENT REGULATIONS
GENERAL REGULATIONS
3: GENERAL REGULATIONS
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5
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7
8
9
3.1
Compliance with Regulations
Development shall be carried out and maintained within the Planning Area in
accordance with the Municipal Plan, these Regulations, the conditions stated
in a Development Approval and/or Building Permit, and any other by-law or
regulation enacted by Council.
3.2
Permit Required
Development shall not be carried out unless Council has first issued a Building
Permit.
3.3
Licenses, Permits and Compliance with Other By-laws
Nothing in these Regulations shall exempt any person from complying with
the requirements of any by-law in force within the Town of Paradise, or from
obtaining any license, permission, permit, authority or approval required by
any statute or regulation of the Province of Newfoundland and Labrador or the
Government of Canada.
3.4
Approval To Develop
Subject to Regulations 3.5 and 3.6, an approval/permit shall be issued for
Development within the Planning Area that conforms to:
a. The policies expressed in the Municipal Plan and any further scheme, plan or
regulation pursuant thereto.
b. the general development standards set out in Section 4 of these Regulations,
the requirements of Section 5 of these Regulations, and the Use classes,
standards, requirements, and conditions prescribed in Section 9 of these
Regulations for the Use Zone in which the proposed Development is located.
c. 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.
d. the standards set out in Section 6 of these Regulations in the case of
Subdivision of Land.
e. the standards set out in Section 7 of these Regulations in the case of signs.
f.
the standards set out in Section 8 of these Regulations in the case of off-
street parking and loading.
3.5
Permit Not To be Issued In Certain Cases
Neither a Development Approval nor Approval in Principle shall be issued for
Development within the Planning Area when, in the opinion of Council, it is
premature by reason of the site lacking adequate road access, power, drainage,
sanitary facilities, or domestic water supply, or being beyond the natural
Development of the area at the time of application.
15
GENERAL REGULATIONS
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3.6
Discretionary Powers of Council
1.
Council may conditionally approve an application to carry out Development
which, notwithstanding the conformity of the application with the
requirements of these Regulations, is, in the opinion of Council:
a. Consistent with the policies expressed in the Municipal Plan and any
further scheme, plan or regulations applicable to the subject property;
b. Would not create any hazard to public safety; and
c. Enhances the general appearance of the area.
2. Council may refuse an application to carry out Development which,
notwithstanding the conformity of the application with the requirements of
these Regulations, is, in the opinion of Council:
a. Not consistent with the intent and policies of the Municipal Plan and any
further scheme, plan or regulations applicable to the subject property.
b. Would create a hazard to public safety.
c. Would not enhance the general appearance or amenity of the
development site and surroundings.
d. Would create unplanned demands for public services and utilities.
3.7
Variances
1.
Where an approval or permit cannot be given by Council because a
proposed Development does not comply with development standards set
out in Development Regulations, Council may, in its discretion, vary the
applicable development standards to a maximum of 10% if, in Council's
opinion, compliance with the development standards would prejudice the
proper Development of the Land, Building or structure in question or would
be contrary to public interest.
2. Council 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. Council shall not permit a Variance from development standards where the
proposed Development would increase the non-conformity of an Existing
Development, or where approval of a Variance will result in the creation of a
non-conformity of any legal Existing Development.
3.8
Notice of Variance
Where Council is to consider a proposed Variance, Council shall give written
notice of the proposed Variance from development standards to all persons
whose Land is in the immediate vicinity of the Land that is the subject of the
Variance, and allow a minimum period of seven (7) days for response.
Provincial
Reg. 12
Provincial
Reg. 13
16
TOWN OF PARADISE DEVELOPMENT REGULATIONS
GENERAL REGULATIONS
3.9
Service Levy
1.
Council may require the payment of a service levy in accordance with
Section 149 (2) of the Municipalities Act, SN, 1999.
2. A service levy shall not exceed the cost, including finance charges, to Council
of improving or constructing the public works that are necessary for the
real property to be developed in accordance with the standards required by
Council and permitted by Council on that real property.
3. A service levy shall be assessed on:
a. the amount of property benefiting by the public work relative to all the
property benefited; and
b. the density of Development made possible or increased by the public
work.
4. Council may require a service levy be paid by the Owner of the property
benefited and may specify the time for payment.
3.10
Financial Guarantees and Insurance
1.
Council may require a developer, before commencing a Development,
to make such financial provisions and/or enter into such agreements as
may be required to guarantee the payment of service levies, ensure site
reinstatement, and to enforce the carrying out of any other condition
attached to a permit.
2. Building Permit securities are outlined in the Town's Fee Schedule.
3. Council may require a developer to have insurance sufficient to cover public
liability relative to the Development.
4. Council shall determine the form, amount and conditions of the financial
agreement and the insurance, as outlined under Section 38 of the Act.
3.11
Dedication of Land for Public Use
Council may require a portion of the Land to be developed for a public purpose
where public works are required to accommodate the proposed Development,
and such Land shall be conveyed to Council in accordance with the provisions of
the Act.
3.12
Restoration of Land
Council may order the developer, the site occupier, and/or the Owner, to restore
the site to the satisfaction of Council where:
a. the use of Land is discontinued.
b. a Development Approval and/or a Building Permit has been revoked.
c. the intensity of the Use has been decreased.
d. a temporary Building Permit has expired.
3.13
Application
1.
Applications to carry out Development shall be made only by the Owner
or person authorized by the Owner to Council, on such form as may
be prescribed by Council. Every application shall include such plans,
specifications and drawings and be accompanied by the appropriate fee, as
required by Council.
2. Council shall, on request, supply to every Applicant a copy of the application
forms referred to in Regulation 3.13(1) and a description of the plans,
specifications and drawings required to be provided with the application.
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GENERAL REGULATIONS
3.14 Register of Application
Council shall keep a public register of all applications for Development, which
shall contain a record of Council's decision and the result of any appeal from that
decision.
3.15
Deferment of an Application
1.
Council may defer consideration of an application with the written
agreement of the Applicant.
2. Council may defer decisions on an application within a specified area where
Council has directed that a planning study or other similar study pertaining
to the future Use and Development of the specified area be undertaken.
3.16
Approval in Principle
1.
An application for Approval in Principle shall include:
b. a description of the proposed Development.
c.
a description of the limits of the Land to be used with the proposed
Development, and may include a survey description of the subject
Lands.
d. submission of detailed plans.
e. any additional information that may be required by Council.
2. Council may issue an Approval in Principle if it determines the application
conforms to the Municipal Plan and these Regulations, and attach
conditions that are:
c. required to be met prior to the issuance of a Development Approval;
and
d. necessary to ensure the Development occurs in a manner consistent
with the policies of the Municipal Plan and these Regulations.
3. An Approval in Principle shall be valid for a period of one (1) year two (2)
years. (2025-06-20)
4. No Development shall be carried out under an Approval in Principle.
3.17
Development Approval
1.
A plan or drawing which has been approved by Council and which
bears a mark and/or signature indicating such approval together with a
Development Approval shall be deemed to be permission to develop Land in
accordance with these Regulations but such permission shall not relieve the
Applicant from:
a. full responsibility for obtaining a Building Permit, permits or approvals
under any other regulation or statute prior to commencing the
Development.
b. having the work carried out in accordance with these Regulations or any
other regulations or statutes; and
c. compliance with all conditions imposed there under.
Council may attach to a Development Approval and/or Building Permit such
conditions as it deems fit, in order to ensure that the proposed Development
will be in compliance with the Municipal Plan and these Regulations.
2. A Development Approval and/or Building Permit is valid for two (2) years
one (1) year. If the Development has commenced, the Development
Approval and/or Building Permit shall be renewed annually until the
Development is complete. (2025-06-20)
3. No person shall erase, alter or modify any drawing or specifications upon
which a Development Approval and/or Building Permit has been issued.
4. Any changes or modifications to plans or drawings shall be approved by
Council.
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TOWN OF PARADISE DEVELOPMENT REGULATIONS
GENERAL REGULATIONS
5. A copy of the Building Permit, and the plans and specifications, shall be
kept on the site until completion of the Development.
3.18
Revoke Development Approval and Permit
Council may revoke a Development Approval and/or Building Permit for failure
by the Applicant or developer to comply with these Regulations or any condition
attached to the Development Approval and/or Building Permit or where it was
issued in error or was issued contrary to the applicable regulations, or was issued
on the basis of incorrect information.
3.19
Correction of Errors and Remedial Work
The approval of any plans or drawings or the issuance of a Development
Approval and/or Building Permit shall not prevent Council or any officer from
thereafter requiring the correction of errors or from ordering the cessation of, or
remedial work on any Development being carried out in the event that the same
is in violation of these or any other regulations or statutes.
3.20 Temporary Structures
A Building Permit for a temporary structure (such as a construction or Office
trailer at a construction site) may be issued for a period of two (2) years.
3.21
Building Permit Fees
A fee may be charged for a Building Permit in accordance with the annual
Schedule of Fees as adopted by Council.
3.22 Decisions of Council
Decisions made by Council with respect to an Approval in Principle or a
Development Approval required by these Regulations, shall be made in writing
stating:
a. The reasons for a refusal of an application.
b. The conditions contained within the Approval in Principle or Development
Approval.
c. The right to appeal the decision, in accordance with Section 42 of the Act
and the requirements of Section 3.23 of these Regulations.
3.23 Notice of Right to Appeal
Where Council makes a decision that may be appealed under Section 42 of
the Act, Council 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 Appeal 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.
3.24 Appeal Requirements
1.
The secretary of the Appeal Board at the Department of Municipal Affairs
and Environment, Main Floor, Confederation Building (West Block), P.O.
Box 8700, St. John's, 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
Provincial
Reg. 5
Provincial
Reg. 6
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5
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GENERAL REGULATIONS
Board that hears the decision being appealed by filing it with the secretary
referred to in Subsection (1) within the fourteen (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.
3.25 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 Subsection
3.24(1), shall immediately register the appeal.
2. Where an appeal has been registered the secretary of the Appeal Board shall
notify Council of the appeal and shall provide to Council a copy of the appeal
and the documentation related to the appeal.
3. Where Council has been notified of an appeal Council 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 Council 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
Council, a notice that the appeal has been registered.
5. A notice published under Subsection (4) shall be published not fewer than
two (2) weeks before the date upon which the appeal is to be heard by the
board.
3.26 Development Prohibited
1.
Immediately upon notice of the registration of an appeal Council 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 Council 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, Council shall not carry out work
related to the matter being appealed.
3.27 Board of Appeal
The Eastern Newfoundland Board of Appeal is established as the appeal Council
for the Paradise Municipal Planning Area. The mandate, powers, and Council
of this Appeal Board are specified under Sections 40 - 46 of the Act, and the
Ministerial Regulations thereunder.
Provincial
Reg. 7
Provincial
Reg. 8
1
2
3
4
5
6
7
8
9
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GENERAL REGULATIONS
3.28 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 Council 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 fourteen (14)
days after the person who made the original application appealed from has
received the decision being appealed.
5. An appeal shall be made in writing and shall include:
a. a summary of the decision appealed from.
b. the grounds for the appeal; and
c. the required fee.
6. An Appeal Board may meet as often as it considers necessary to conduct its
work in an expeditious manner.
7.
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.
8. An Appeal Board may inform itself of the subject matter of the appeal in the
manner it considers necessary to reach a decision.
9. 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.
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 Council
to carry out its decision or make the necessary order to have its decision
implemented.
11. Notwithstanding Subsection (10), where Council may, in its discretion, make
a decision, an Appeal Board shall not make another decision that overrules
the discretionary decision.
12. The decision of a majority of the members of an Appeal Board present at the
hearing of an appeal shall be the decision of the Appeal Board.
13. The Appeal Board shall, in writing notify the appellant and Council of the
decision of the Appeal Board.
3.29 Hearing Notice and Meetings
1.
An Appeal Board shall notify the appellant, Applicant, Council and other
persons affected by the subject of an appeal of the date, time and place for
the appeal not fewer than seven (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.
Urban and Rural
Planning Act
Sec. 42 (1)
Provincial
Reg. 9
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2
3
4
5
6
7
8
9
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GENERAL REGULATIONS
3.30 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 Section 3.29(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.
5. In the conduct of an appeal hearing, the Appeal Board is not bound by the
rules of evidence.
3.31
Return of Appeal Fee
Where an appeal made by an appellant under Section 42 of the Act, is
successful, an amount of money equal to the fee paid by that appellant under
Section 3.24(2) shall be paid to the appellant by Council.
3.32 Notice of Application
1.
Notice of an application must be given when;
a. a Variance is to be considered under Section 3.7.
b. a change in a Non-Conforming Use is to be considered under Section
4.11.
c. the proposed Development is listed as a Discretionary Use in Section 9.
d. Council determines that the public should be notified of an application.
2. Subsequent to 3.32(1), Council shall give notice of an application for a
Development Approval and Approval in Principle as follows:
a. for an application for a Variance, a direct notification of persons that are
affected by the application as specified under Sections 3.8 (Variances),
and in compliance with the provisions of the Act. Council may use the
property tax roll where available, or other means to determine who is
affected.
b. for a change in a Non-Conforming Use, any proposed Development listed
as a Discretionary Use, or if Council determines the public should be
notified of an application, there shall be a public advertisement, with a
minimum seven (7) day response period, to be specified in the notice, or
as specified under, Section 15 of the Provincial Development Regulations.
c. for a Discretionary Use, notices will be sent to property owners within 200
m of the proposed Development in addition to the public advertisement
referred to in 2(b).
3. Notice of an application shall be at the expense of the Applicant.
4. Notice of an application shall contain enough information to properly
inform the public of the location, the proposed type of Development and
other information deemed necessary to determine whether or not there is a
concern about the application.
3.33 Enforcement Right of Entry
Council, or an Officer of Council, in accordance with Section 105 of the Urban
and Rural Planning Act, 2000 and the Municipalities Act, may enter upon any public
or private Land, or 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 that Council is empowered to regulate.
Provincial
Reg. 10
Provincial
Reg. 15
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2
3
4
5
6
7
8
9
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TOWN OF PARADISE DEVELOPMENT REGULATIONS
GENERAL REGULATIONS
3.34 Record of Violations
A designated official shall keep a record of each violation of these Regulations
and report that violation to Council.
3.35 Stop Work Order and Prosecution
1.
Where a person begins or continues a Development contrary, or apparently
contrary, to the Municipal Plan and these Regulations, Council may order
that person to stop the Development, and any work connected with it,
pending the submission and approval of an application or a final decision in
a prosecution arising out of the Development.
2. A person who does not comply with an order made under 3.35 (1) is guilty of
an offence under Sections 102-107 of the Act.
3.36 Delegation of Powers
Council shall, where designating employees to whom a power is to be delegated to
issue an order under Subsection 109(3) of the Act, make that designation in writing.
3.37 Land Use Assessment Report
1.
Assessment Required - Council may require a Land Use Assessment Report
to evaluate any proposed Land Use or Development that affects the policies
contained in the Municipal Plan.
2. Terms of Reference - The Terms of Reference for a Land Use Assessment
Report shall be prepared and approved by Council.
3. Land Use Assessment Report - The report and any supporting studies shall
be prepared at the expense of the Applicant unless otherwise determined
by Council.
4. Mitigation Plan - The report shall identify significant impacts, evaluate their
importance, and recommend measures of control or mitigation, where
appropriate.
5. Public Review - Council shall provide adequate time for public review
and comment with regards to the items to be addressed in the Terms of
Reference for the Land Use Assessment Report.
6. Council may provide an opportunity for public review and comment on the
Land Use Assessment Report prior to its approval.
3.38 Environmental Site Assessment and Remediation
Council may require an environmental site assessment:
a. As a condition of approval for Development of Lands where site
contamination is known or reasonably believed to have occurred. Where
such an assessment indicates the presence of hazardous materials, no
Development will be permitted until the site has been remediated in
accordance with relevant federal and provincial regulations regarding
contaminated sites.
b. Where site contamination is discovered after a Development has
commenced.
3.39 Archaeological Assessment
Applications for Development will be forwarded to the Historic Resources
Division, Department of Tourism, Culture, Industry and Innovation for review
and consideration under the Historic Resources Act where:
a. Archaeological resources are known to exist, or where they are likely to
exist based on location or historical evidence.
b. Where they are discovered after a Development has commenced.
Provincial
Reg. 18
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3
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5
6
7
8
9
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GENERAL DEVELOPMENT STANDARDS
4: GENERAL DEVELOPMENT STANDARDS
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5
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7
8
9
4.1
Access and Service Streets
1.
Vehicular access to Streets shall meet the following requirements:
Intersection Type
Minimum Distance from the Intersection
Collector or Arterial Street with
another Collector or Arterial Street
20 m
Any intersection on Topsail Road, St.
Thomas Line and Paradise Road
20 m
Collector Street with a Local Street
15 m
Local Street with a Local Street
10 m
Roundabout
To be determined on the basis of a traffic
assessment prepared by a qualified traffic engineer.
2. Distance between a Street intersection and a proposed Access shall be
measured from the streetline of the intersection and the nearest edge of the
proposed Access.
3. Council may increase the minimum distance between an Access and any
intersection where, in the opinion of Council, construction of an Access
would create a safety concern.
4. Council may require, at the developer's expense, installation of traffic control
devices as may be necessary to ensure vehicular and pedestrian safety as a
result of a Development.
5. Council may require the provision of Service Streets to reduce the number of
individual Accesses to an adjacent Street.
6. Developments and associated Accesses along St. Thomas Line shall be
evaluated against infill limits identified in Appendix C, and notwithstanding
the minimum Frontage set out in the applicable Use Zone, Council may:
a. Refuse a Development where construction of an Access would create a
safety hazard.
b. Require a larger minimum Lot Frontage for Development to ensure an
Access will not create a safety hazard.
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TOWN OF PARADISE DEVELOPMENT REGULATIONS
GENERAL DEVELOPMENT STANDARDS
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2
3
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5
6
7
8
9
4.2
Accessory Buildings
1.
General
a. Attached garages, carports, ramps, Swimming Pools and greenhouses
shall not be subject to the requirements of Section 4.2(2). (2024-02-16)
b. Accessory Buildings are permitted in each Use class provided the
Buildings are clearly incidental and complimentary to the Main Buildings'
character, size and use.
c. The Buildings must be located on the Lot on which the Main Building is
located.
d. Accessory Buildings shall not be used for human habitation.
e. Accessory Buildings shall not be used for commercial or industrial Uses
on a residential property, regardless of the Use Zone in which it is located,
unless Council has issued a permit for such Use.
f.
Repairs to vehicles, other than minor vehicle maintenance, are prohibited
in Accessory Buildings.
2. Residential Accessory Buildings
a. Notwithstanding Section 3.2, Accessory Buildings with a combined
building footprint up to 5.2 m2 do not require approval from Council, but
shall be included in calculation of allowable area for Accessory Buildings
in Section 2(g).
b. Accessory Buildings greater than 5.2 m2 require approval from Council
and shall meet the following requirements:
i.
They shall not be located within 1.2 m from any property boundary
and 2.0 m from the Main Building;
ii.
They shall not be placed within any easement area unless the
authority responsible for the easement provides written
authorization. (2022-03-25)
c. Accessory Buildings shall not be placed in front of the Building Line on
the Street which the Building has as its legal civic address. An Accessory
Building on a Corner Lot may be placed in front of the Building Line on
the Flanking Yard, provided the location does not impede visibility on the
flanking Street, and the Accessory Building is set back a minimum of 6 m
from the flanking Street.
d. Notwithstanding Section 4.2 (2)(c) Council may, at its discretion, allow an
Accessory Building with a building footprint less than 90 m2 to be placed
in front of the Building Line provided that:
i.
A public notice has been advertised in accordance with Section 3.32;
ii.
The Accessory Building shall be set back a minimum of 15 m from the
front property line;
iii. The slope of the Lot and/or natural screening effectively blocks the
view of the Building from the Street and adjoining properties. The
placement of the Building must not negatively affect neighbouring
properties;
iv. A site plan is submitted showing all Buildings on the Lot including
the proposed Accessory Building.
e. With the exception of greenhouses, The exterior cladding of the
Accessory Building shall match or coordinate with the exterior siding of
the main dwelling on the Lot and shall be residential in character. (2024-
02-16)
f.
Quonset style/steel Accessory Buildings may be permitted within
the Rural Residential Use Zone on Lots greater than 3,600 m2, at the
discretion of Council.
g. The Accessory Building must be constructed in accordance with the
following:
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GENERAL DEVELOPMENT STANDARDS
1
2
3
4
5
6
7
8
9
Lot Size (m2)
Building Footprint of all
Accessory Buildings
Maximum Height
Less than 1860 m2
7% of the Lot Area or 70
m2, whichever is less.
4.0 m
1860 m2 or greater,
but less than 3600
m2
70 m2
4.5 m
3600 m2 or greater,
but equal or less
than 4050 m2
90 m2
Greater than 90 m2 to 150 m2
subject to public notice and
Council review and approval.
While larger footprints may be
considered by Council under
this section to a maximum of
150 m2, variances shall not be
permitted. (2024-07-05)
4.5 m
h. With the exception of Accessory Buildings for the purpose of livestock
Uses, the installation of private or municipal water and/or sewer services
to an Accessory Building is prohibited.
i.
The installation of electrical services to Accessory Buildings shall be
permitted.
j.
In considering applications for residential Accessory Buildings exceeding
90 m2 in area, or 4.5 m in height, Council shall consider:
i.
The location of the Accessory Building on the Lot;
ii.
The size of the Accessory Building compared to the dwelling on the
Lot and the size of structures on neighbouring properties;
iii. Visibility of the structure from neighbouring properties and/or Street;
iv. If the Accessory Building will block a view and/or light from adjoining
properties;
v.
The Use of the Accessory Building;
vi. Site conditions, such as topography and the presence of Wetlands;
and
vii. Any other on-site conditions that may warrant Council's
considerations.
3. Residential Watershed Zone
Accessory Buildings located in the Residential Watershed Use Zone shall meet
the following conditions:
a. The maximum floor area shall be 45 m2 or 7% of the Lot Area whichever is
lesser.
b. The maximum height shall be 4 m.
c. The Building must be located in the Rear Yard with a minimum of 3 m
from any Building on the Lot and a minimum of 1.5 m from any property
boundary.
d. The Building shall not encroach onto any easement.
e. The Building is strictly used for ancillary purposes to the Permitted Uses
listed in this Use Zone. Accessory Buildings on residential properties shall
not be used for non-residential Uses without permission of the Town of
Paradise and the City of St. John's.
f.
An Accessory Building shall not be permitted for the purpose of
performing major auto repairs, painting, dismantling, or scrapping of
vehicles or machinery.
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TOWN OF PARADISE DEVELOPMENT REGULATIONS
GENERAL DEVELOPMENT STANDARDS
1
2
3
4
5
6
7
8
9
4. Commercial/Industrial Accessory Buildings
Accessory Buildings located on commercial or industrial properties shall be:
a. Located behind the Building Line of the Main Building on the Lot.
b. Not closer than 2.4 m to another Building.
c. A minimum of 1.2 m from any property line; and
d. Not located on or encroach into any easement.
5. Accessory Buildings in the Conservation Land Use Zone
Notwithstanding Section 4.2(1)(c), Accessory Buildings in the Conservation Land
Use Zone shall meet the following requirements:
a. Residential Accessory Buildings may be permitted within 60 m of Topsail
Pond, subject to Section 4.2(2)(g).
b. Construction of docks, wharves, boathouses and similar structures shall
be located on the same property as the residential Use to which they will
be accessory, or on a parcel in the same ownership as the residential Use,
no further than 200 m from the residential Use.
c. An Accessory Building will not be permitted in front of any Building Line,
closer than 2.4 m from another Building, nor 1.2 m from a property line.
Accessory Buildings are subject to the same Side Yard requirements of
the nearest residential Use Zone.
d. Accessory Buildings are to be used strictly for ancillary purposes to
a residential Use, and non-residential Uses shall not be permitted
without the permission of Council. Aside from minor vehicle or boat
maintenance, no person shall use an Accessory Building for the purpose
of performing major repairs, painting, dismantling, or scrapping of
vehicles or machinery.
6. Residential Greenhouses (2024-02-16)
For the purposes of providing food and plant exclusively for the
personal use and consumption of the occupants of the subject dwelling.
Greenhouses shall comply with the following conditions:
a. Greenhouses under 10 m2 in total floor area do not require a building
permit. However, greenhouses with a combined total floor area of 10
m2 and greater require a building permit;
b. Greenhouses with the area of 10 m2 or larger must conform to the
National Building Code of Canada;
c. Maximum one storey of greenhouse is permitted;
d. The Accessory Building must be constructed in accordance with the
following:
Lot Size (m2)
Maximum Total Floor Area
Maximum Height
Less than 3600 m2
30 m2
4.0 m
3600 m2 or greater, but
equal or less than 4050 m2
45 m2
4.0 m
Greater than 4050 m2
60 m2
4.0 m
f.
Greenhouses shall not be located within 1.2 metres from any
property boundary and 2.0 meters from the Main Building;
g. Greenhouses shall not be placed within any easement area unless
the authority responsible for the easement provides written
authorization;
h. Greenhouses shall not be heated using a wood heat source (e.g.,
wood stove);
i.
Greenhouses shall not be placed in Front Yard and in front of the
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GENERAL DEVELOPMENT STANDARDS
1
2
3
4
5
6
7
8
9
Building Line
j.
The installation of private or municipal water and/or sewer services
to a greenhouse is prohibited.
4.3
Landscaping
1.
Residential Developments
a. The Front, Side and Rear Yards of a residential Lot shall be landscaped
with a minimum treatment of soft landscaping such as grass and natural
vegetation and any variation or alternative landscaping treatment to
this shall be proposed in the form of a landscaping plan prepared by
a certified member of a recognized landscaping organization which is
recognized by Council to offer such landscaping expertise and service.
b. The minimum area to be landscaped in the Front Yard of a residential
Lot shall be in accordance with the requirements for the applicable Use
Zone set out in Section 9 of these Regulations. The landscaped area shall
be continuous between the between the Building Line and the Front Lot
Line unless otherwise determined by Council.
c. Front Yard Landscaping for Semi-detached Dwellings shall be located
between the driveways associated with main unit. Row Dwellings shall
not be permitted to have a driveway with a width greater than 3 m
to ensure a reasonable opportunity for landscaping within the Front
Yards of each unit, unless the unit width is increased to ensure that the
percentage of Landscaping required in the Front Yard can be achieved.
d. A minimum of one tree shall be planted in the Front Yard of lots with
the Frontage of less than 12 meters, and a minimum of two trees
shall be planted for lots with the Frontage of 12 meters or more, per
6 m of Lot Frontage as part of the initial Landscaping feature of the
Lot unless the Lot is part of an approved Subdivision that includes
street trees in the design of the Street Reservation. (2025-06-20)
e. The driveway and any parking areas shall be completed with a hard
surface acceptable to Council.
f.
The placement of hard surfaces in Rear Yards will require submission
and approval of a site drainage plan to ensure proper management of
stormwater runoff from the Lot.
2. Commercial and Public Developments
a. A minimum of 20% of the Lot shall be landscaped. Landscaping in the
Front Yard of a commercial or public Lot shall be located across the front
of the Lot to a depth of 6 m (exclusive of any Access), and consist of a mix
of landscaping elements.
b. The front, side, and Rear Yards of a commercial or institutional Lot, shall
be landscaped and where appropriate, consistent the Town of Paradise
Landscaping Guidelines.
c. On every Lot, a minimum of one tree shall be planted for every 8 m of Lot
Frontage.
d. For smaller Lot Developments (Frontages of 30 m or less), the proposed
Landscaping shall be indicated on the site plan.
e. On larger Lots (Frontages greater than 30 m), a landscape plan, prepared
by a certified member of a recognized landscaping organization,
recognized by the Town to offer such landscaping expertise and service,
shall be required as a condition of approval. An occupancy permit
will require certification that the landscaping has been installed in
accordance with the landscaping plan.
f.
The driveway and all vehicle circulation areas, including parking stalls
and parking and shipping areas in all Yards (Front, Side, and Rear), unless
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TOWN OF PARADISE DEVELOPMENT REGULATIONS
GENERAL DEVELOPMENT STANDARDS
otherwise approved by Council, shall be paved and curbed.
3. Industrial Developments
a. Landscaping in the Front Yard of an industrial Lot shall be located across
the front of the Lot to a depth of 6 m (exclusive of any Access), and consist
of a mix of natural landscaping elements.
b. The required side and Rear Yards of an industrial Lot shall be landscaped
with a minimum treatment of grass and related natural vegetation, and
any variation or alternative landscaping treatment to this requirement
shall be proposed in the form of a landscaping plan prepared by a
certified member of a recognized landscaping organization which is
recognized by Council to offer such landscaping expertise and service.
c. A landscape plan, prepared by a certified member of a recognized
landscaping organization, recognized by the Town to offer such
landscaping expertise and service, shall be required as a condition
of approval. An occupancy permit will require certification that the
landscaping has been installed in accordance with the landscaping plan.
d. One tree shall be planted for every 8 m of street frontage within a 6 m
landscape strip in the Front Yard of the Lot. Landscape features, such as
trees and other plant material may also be planted as a cluster within the
strip in accordance with the approved landscaping plan.
e. The driveway and all vehicle circulation areas, including parking stalls
and parking and shipping areas, in the Front, Side, and Rear Yards (with
the exception of exterior storage yards), shall be paved with curbing
extending from the front of the property up to the limits of the rear wall
of the Building.
4.4
Landscaped Buffer or Screen
1.
Council may require a buffer between Developments, in the form of a
separation distance or structure to provide a visual or acoustic barrier.
2. Where any industrial, commercial, public or institutional Development
permitted in any Zone abuts an Existing or proposed residential Use, the
Owner of the site of the Development shall provide a buffer strip of not
less than 3 m wide, or a screen of at least 1.8 m in height between the
Development and the residential Use. Council may require a separation
distance greater than 3 m where site conditions and type of commercial,
public or institutional Development are necessary to prevent impacts on
adjoining residential properties.
3. Where a commercial Development adjoins a residential area:
a. Landscaping of the commercial properties shall screen outdoor parking,
shipping, and storage areas directly visible from adjacent dwellings.
b. Snow storage areas shall be provided away from common fences with
residential properties and away from Streets.
4.5
Building Height
1.
Building Height shall be in accordance with the requirements of the
applicable Use Zone set out in Section 9 of these Regulations.
2. Council may require an analysis of the shadowing impacts of a commercial,
industrial or public Building where it abuts a residential Zone or Existing
residence, and may require an increase in Yard depth, or stepping back of
upper stories of a Building to reduce the shadow effects of the Development
on adjacent Uses.
4.6
Building Line and Setback
1.
Council, by resolution, may establish Building Lines on an Existing Street
and may require any new Buildings to be located on those Building Lines,
1
2
3
4
5
6
7
8
9
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GENERAL DEVELOPMENT STANDARDS
whether or not such Building Lines conform to the standards set out in
Section 9 of these Regulations.
2. Where a Development constitutes infill on an existing developed Street,
Council may set the Building Line Setback to enable the Development to
fit into the streetscape with respect to adjoining properties and the general
area.
3. Notwithstanding the Building Line Setback in any Zone in Section 9, the
Town may require an increased Setback on Topsail Road, St. Thomas Line
and Paradise Road in accordance with the requirements of the Engineering
Department
4.7
Lot Area
1.
No new Lot shall be created for the purposes of Development which does
not meet the minimum Lot standards as required under these Regulations,
nor can any Lot be changed or reduced in area, so that it or any Building
thereon shall have a Lot Coverage that exceeds, or a Front Yard, Rear Yard,
Side Yard, Frontage or Lot Area that is less than that permitted by these
Regulations for the Zone in which such Lot is located.
2. Where any part of a Lot is required by these Regulations to be reserved
as a Yard, it shall continue to be so used regardless of any change in the
ownership of the Lot or any part thereof, and shall not be deemed to form
part of an adjacent Lot for the purpose of computing the area thereof
available for building purposes.
3. Council may refuse a Lot where the Lot is divided by another Use Zone,
natural feature such as a waterbody, or topography that renders a portion of
the property unusable, unless the Lot has a continuous portion that can be
developed, that is of sufficient area for the type of Use that is proposed.
4.8
Lot Area and Size Exceptions
Council may approve Development of a Building on a Lot that exists at the time
of coming into effect of these Regulations that has insufficient Frontage or area
to permit the Owner or purchaser of the lot to comply with the provisions of
these Regulations where:
a. There is evidence that the Lot had received approval from Council prior to
the coming into effect of these Regulations; and
b. The Development can meet the minimum standards for Lot Coverage,
Yards and Floor Area set out in the applicable Use Zone in which it is
located.
4.9
Lot Frontage
Except where specifically provided for in Section 9 of these Regulations, no
Main Building shall be erected on a Lot, unless the Lot on which it is situated
fronts directly onto a publicly owned and maintained Street, or forms part of an
approved Subdivision.
4.10 Multiple Uses and Buildings on a Lot
1.
Multiple Uses and Buildings may occur on a Lot where:
a. They are part of an approved Planned Mixed Development plan.
b. The Uses are included in an approved mixed-use Building/development
whether existing or newly approved by Council. (2025-06-20)
c. The development is considered a Cluster Development. (2023-04-21)
2. Where an additional Use or Building is proposed on a Lot originally
approved for a single Use in any residential Use Zone, each Use shall be
required to meet the provisions of these Regulations. Where there is a
conflict such as in the case of Lot size or Lot Frontage, the higher, or more
stringent standard shall prevail.
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4
5
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7
8
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GENERAL DEVELOPMENT STANDARDS
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3. An additional Use or Building may be permitted on a Lot originally approved and
developed for a commercial Use, provided the Lot is located in a commercial Zone,
has sufficient area to meet the applicable Use Zone requirements for Yards, Access
and parking for each Building and Use.
4. Multiple buildings shall be permitted on commercial and industrial Lots
provided the applicable Use Zone standards are satisfied. (2023-04-21)
5. An additional Use or Building may be permitted on a Lot originally approved
and developed for an industrial Use, provided the Lot is located in an industrial
Zone, has sufficient area to meet the applicable Use Zone requirements for
Yards, Access and parking for each Building and Use. (2025-06-20)
4.11
Non-Conforming Use
1.
Notwithstanding the Municipal Plan, scheme or regulations made under the
Urban and Rural Planning Act, 2000, Council shall, in accordance with regulations
made under the 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, of the plan, scheme or regulations made with respect to that
kind of Development or Use.
2. Notwithstanding Section 4.11 (1), a right to resume a discontinued Non-Conforming
Use of Land shall not exceed twelve (12) months after that discontinuance. (2023-
06-02)
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 Section 4.11 (1):
a. shall not be internally or externally varied, extended or expanded unless
otherwise approved by Council.
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
Council to a Use that is, in Council's opinion, more compatible with the plan and
regulations applicable to it.
e. may have the Existing Building extended by approval of Council where, in
Council'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; and
g. where the Building or structure is primarily Zoned and used for residential
purposes, may, in accordance with the appropriate plan and regulations, be
repaired or rebuilt where 50% or more of the value of that Building or structure
is destroyed.
4.12 Side Yards
A Side Yard, 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.
4.13 Development Over Easements
No permanent Building shall be constructed over any known easement, whether that
easement has been assigned to the Town of Paradise, a department of the provincial
or federal government, or a utility company, unless the authority responsible for the
easement provides written authorization. (2022-03-25)
4.14 Minor Front and Flanking Yard Projections
No portion of a Building or structure attached to a Main Building on a Lot may extend
into a Yard, except in accordance with the following:
Urban and Rural
Planning Act
Sec. 108
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GENERAL DEVELOPMENT STANDARDS
a. The projection does not encroach upon or create an obstruction in the
Sight Triangle for Corner Lots.
b. On residential Lots a minimum 1.2 m Side Yard shall remain
unobstructed.
c. On residential Lots, the following projections shall be permitted:
i.
chimney breast, eaves, sills or cornices not projecting more than 1 m
into a required Front Yard Depth;
ii.
unenclosed steps with or without a landing; an unenclosed or
enclosed porch, patio, deck or veranda that projects no more than
2 m into the established Building Line Setback for the Lot. Steps
associated with these structures are permitted to project into the
Front Yard up to an additional 2 m;
iii. Wheelchair Ramps or other accessibility structures as approved by
Council.
4.15 Street Construction Standards
Streets shall be designed and constructed in accordance Section 6 of these
Regulations with respect to Subdivisions and with the Town of Paradise
Engineering Guidelines for Subdivisions.
4.16 Drainage System of Developments
1.
A Development may not be constructed or maintained so that it alters the
natural flow of water causing damage to other properties.
2. Each Development shall be provided with a drainage system that is
adequate to prevent the retention of surface water on the development site
except that retention ponds may be incorporated into the system.
3. The drainage system of a Development shall connect to other drainage
systems on surrounding properties and Streets where possible.
4. Council may require a developer, at the developer's expense, to install
new and/or upgrade existing stormwater infrastructure sufficient to
accommodate stormwater flows from a Development.
4.17 On-Site Water and Wastewater Systems
1.
Where permitted, private on-site septic systems, shall be properly designed,
installed and maintained.
2. Approval for on-site septic systems is required from the applicable provincial
agency prior to the issuance of a Building Permit from the Town.
3. Where Development is on the basis of water supply wells an
assessment of groundwater quantity and quality may be required in
accordance with the Groundwater Supply Assessment and Reporting
Guidelines for Subdivisions Serviced by Individual Private Wells, 2009,
prepared by the Proinvicial Water Resources Management Division.
(2022-07-15)
4. Where there is insufficient groundwater yield to support any Development
proposed on the basis of a well, Council shall refuse the Development.
4.18 Conservation of Natural Environment and Aesthetic Areas
Council may, in considering a proposed Development, require agreements
to preserve sensitive environmental or natural features on a site. Such
agreements may include designating areas within a site for conservation, for the
maintenance of tree cover within a Development as a natural feature along Lot
Frontages, or as a buffer along rivers, streams and shorelines.
4.19 Storage of Flammable Liquids
Uses and structures for the storage of flammable liquids shall meet the following
requirements:
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a. They are constructed to conform with the requirements of the Provincial
Fire Commissioner.
b. Where part of an approved Use in any commercial, industrial or planned
Development Use Zone, structures that contain flammable liquids shall
generally be located in the Rear Yard or Side Yard placed at or behind
the Building Line; and
c. Be surrounded by such buffers and landscaping as Council may require
to prevent damage to adjacent Uses by fire, explosion or spillage of
flammable liquid or other dangerous goods.
4.20 Shoreline Buffers
1.
With the exception of public works and passive recreation Uses such as
walking trails, no Development shall generally be permitted within 15 m of
the 1:100 flood plain of rivers or streams, within 30 m of the shoreline of lakes
and ponds, and 30 m of Octagon Pond.
2. Council may require a floodplain analysis where Development is proposed
near waterbodies for which no floodplain mapping is available.
3. Council may require an assessment of the visual impact of a development
on the Octagon Pond walking trail and the implementation of measures it
considers necessary to protect the integrity of the trail and the surrounding
treed buffer
4.21 T'Railway Provincial Park Corridor/Grand Concourse/Walkways
1.
Existing vegetation within 20 m on either side of the centreline of the
T'Railway Provincial Park right-of-way will be maintained to preserve the
natural quality of the trail corridor.
2. Where a Development is proposed that would create a pedestrian
connection to walkways developed by the Grand Concourse Authority, or
by the Town of Paradise, Council may require the developer to maintain
or restore existing vegetation, or provide new landscaping where the
connection with the trail is made.
4.22 East Coast Trail
The East Coast Trail Association are developing a natural hiking trail within the
Town along the coastline of Conception Bay as part of their much larger coastal
trail system. Council shall ensure that a 30 m, undisturbed buffer is maintained
along the undeveloped trail corridor to protect the integrity of the trail system.
4.23 Swimming Pools
Swimming Pools as a residential Accessory Use, shall meet the following
requirements:
a. It shall be located in the Rear Yard of the residential property.
b. Shall not encroach upon any easements.
c. Shall not be located under any overhead power lines.
d. Shall have a minimum set back of 2.0 m from any property boundary.
e. The area surrounding the Swimming Pool and pool deck shall be
fully enclosed by a fence to prevent people, especially children, from
unauthorized access to the pool area, in accordance with the Town of
Paradise Fence Regulations.
4.24 Heat Pump, Air Conditioner, External Fan or Mini-Split Heat
Pump
1.
A heat pump, air conditioner, external fan or mini-split heat pump shall not
generate noise exceeding 55 dBA at the property boundary. If a mini-split
heat pump is found to be exceeding that limit, noise mitigation measures
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GENERAL DEVELOPMENT STANDARDS
shall be employed to reduce the noise level to a maximum of 55 dBA.
2. A heat pump, air conditioner, or external fan shall be located:
a. in the flanking Street Side Yard or Rear Yard of a Lot.
b. no closer than 2.4 m from a side Lot Line of the Lot; and
c. no closer than 3 m to a door or window of a dwelling on an adjoining Lot.
3. A heat pump shall be placed on a concrete base that rests on or in the
ground, or equivalent.
4. A mini-split heat pump:
a. May be located in a Front, Rear, Side or Flanking Yard.
b. Shall be attached securely to the Main Building on the Lot or attached
securely to a concrete base resting on or in the ground as per the
manufacturer's specifications, or equivalent to prevent vibration of the
equipment during operation.
c. Mini-split heat pump in the side yards shall keep the side yards clear
of obstruction in order to provide access for the maintenance of that
Building. (2025-06-20)
5. Upon receipt of a noise complaint about a heat pump, mini-split heat pump,
air conditioner or external fan unit, the unit shall be inspected and certified
to be in appropriate working order by a company certified to service the
equipment. Proof of inspection and certification must be made available
upon request by the Town. If the noise continues and exceeds the noise level
permitted for a heat pump, mini-split heat pump, air conditioner or external
fan unit, the property owner will be required to undertake noise mitigation
measures or relocate the unit.
4.25 Provincial Highways
Any Development proposed within or having access to the Building Control
Line of the Pitts Memorial Drive/Manuels Access Road, or the Trans Canada
Highway/Outer Ring Road, shall require the approval of the applicable provincial
government departments.
4.26 Street Hierarchy
For the purpose of these Regulations, Streets in the Paradise Planning Area are
classified as show on the Street Classification Map in Appendix F.
4.27 Vision Obstruction at Intersection (Sight Triangle)
1.
No Building, fence sign or utility enclosure shall be erected on any Corner
Lot within the Sight Triangle, unless, in the opinion of the Engineering
Department, it does not impede sight lines along the Street.
2. Where it has been determined that an Accessory Building, fence, Sign, or
utility enclosure does not impede a sight line of a Corner Lot, the Engineering
Department shall determine the height and placement of the structure.
3. Sightlines shall be established as follows:
Type of Street
Distance from the point of intersection of two Street Lines
and a line connecting two points on the two Street Lines
Local Street with
posted speed limits
50 km/hr or less2
7.6 m
All other Streets
As determined by the Engineering Department
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4.28 Development Along Topsail Bluff
1.
Development, where permitted near Topsail Bluff, shall be set back a
minimum of 30m from the top of the bluff to any planned residential
Building Lot or Lots.
2. Council may require a site specific study to determine the top of bluff edge,
or the stability of the bluff for the purposes of establishing an appropriate
setback, and may increase the minimum setback where slopes and stability
of the slope are shown to pose a hazard to development.
4.29 Removal of Excavated Material
For approved Developments where the extraction of quarry materials is
occurring or may be expected to occur, the Town shall send a copy of the
development permit to the Mineral Lands Division, Department of Natural
Resources. Quarry materials includes, but it not limited to, aggregate, fill, rock,
stone, gravel, sand, clay, borrow material, topsoil, overburden, subsoil, peat.
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SPECIFIC USE REGULATIONS
5: SPECIFIC USE REGULATIONS
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5.1
Adult Day Care Use (Non-Residential)
An Adult Day Care Use (Non-Residential) shall be subject to the following
conditions:
a. The Use shall comply with all pertinent provincial and municipal
regulations.
b. Adequate noise separation shall be maintained between the Use and
adjoining Dwelling Units in an apartment building.
c. Adequate noise separation shall be maintained between the Use and
adjoining commercial Uses.
d. A fire exit for the exclusive use of the Adult Day Care Use shall be
provided.
e. A separate entrance for the exclusive use of the Adult Day Care Use shall
be provided unless the entrance to the Use from a common lobby or
foyer is immediately adjacent to such lobby or foyer.
f.
Parking as required in these Regulations shall be provided and reserved
for the exclusive use of the Adult Day Care Use and identified as such on
the parking plan.
g. A minimum of 5 m2 of Net Floor Area per person shall be provided for use
by the Adult Day Care users, this aggregate floor space shall be utilized
for the purpose of group amenity areas and individual rest areas; and
h. The Use shall operate only during the full daytime period between 7:00
a.m. and 6:00 p.m.
5.2
Adult Day Care Use (Residential)
An Adult Day Care Use (Residential) shall be subject to the following conditions:
a. The Use shall comply with all pertinent provincial and municipal
regulations.
b. The Use shall occupy a maximum of forty 40% of the Floor Area of the
Dwelling Unit.
c. The Use shall have a maximum of six (6) Adult Day Care users present at
any time.
d. A minimum of 5 m2 of Net Floor Area per person shall be provided for use
by Adult Day Care users, this aggregate floor space shall be utilized for
the purpose of group amenity areas and individual rest areas.
e. Adequate parking shall be provided.
f.
The operator of the Use shall maintain the dwelling in which the Use is
located as his/her primary residence.
g. A maximum of one (1) person, other than the operator, shall be employed
in the Adult Day Care Use.
h. The Use shall be clearly subsidiary to the residential Use.
i.
The Use shall be compatible with nearby Uses; and
j.
The Use shall operate only during the full daytime period between 7:00
a.m. and 6:00 p.m.
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5.3
Agriculture (Commercial) - Livestock Structures
Where permitted, the construction of Buildings designed to house animals as
part of a Commercial Agriculture enterprise, including the boarding of horses,
shall meet the following requirements:
a. The structure shall be at least 20 m from the boundary of the property on
which it is to be erected.
b. A manure management plan, satisfactory to Council is submitted with
the application.
c. The structure is approved by the applicable provincial agencies.
5.4
Agriculture (Urban)
Urban Agriculture Uses shall be limited to the keeping of poultry, small goats
(dwarf, pygmy) and beehives on a residential Lot subject to the following
conditions:
a. The owner shall keep the poultry, goats, eggs or honey produced for
personal use.
b. The owner shall register the activity with the Town.
c. Any manure shall be contained within a fully sealed container and
removed from the Lot on a regular basis.
d. Any feed shall be stored within a fully sealed container.
e. Keeping of Poultry shall meet the following requirements:
i.
Include no more than four (4) hens and shall not include a rooster;
ii.
Include a single coop and associated run in the Rear Yard of Lot that
prevents animals from roaming free; and
iii. The coop used to house the poultry shall be located:
Minimum distance from a side or rear Lot Line
3 m
Minimum distance from a dwelling on an adjacent Lot
7.5 m
Minimum distance from any well
30 m
f.
Beehives
i.
Only one beehive in the form of a Langstroth type hive shall be kept
per subject property;
ii.
The beehive shall not exceed 1.5 m high by 0.5 m wide by 0.5 m deep;
iii. The beehive is kept in the Rear Yard of the subject property, a
minimum of 3.75 m from any property boundary; (2022-07-08) and
iv. Fencing, hedging, or other suitable barrier must be established to
direct bees away from neighbouring dwellings.
g. Goats
i.
No more than two (2) small goats shall be permitted on a property;
and
ii.
The property shall be fenced.
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SPECIFIC USE REGULATIONS
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5.5
Animal Uses
Where permitted, Animal Uses shall meet the following requirements:
a. They shall be limited to the keeping of animals as domestic pets and
their associated structures, including Kennels.
b. Where horse(s) are permitted as a pet, the following conditions shall
apply:
i.
A minimum of 4050m2 of Land area per horse is required exclusive of
the minimum required Lot Area for the residential Use;
ii.
Property owners must submit a manure management plan that
outlines how animal wastes will be stored and removed from the site;
iii. All horses must be kept inside secured stable and fenced areas.
Fencing must be constructed of materials of sufficient design and
strength and a minimum of 2.0m in height to secure the horse(s).
Electrical fencing may be used to re-enforce the fence but shall not
be used as a standalone fencing option. Barbed wire shall not be
permitted as a fencing material; Tethering of a horse for grazing shall
not be permitted;
iv. Proof of liability insurance for the keeping of the animal(s) on the
property must be submitted to the Town;
v.
The keeping of stallions shall not be permitted; and
vi. The residential property shall not be used for commercial purpose
such as riding lessons, boarding or other associated Use without the
approval of Council.
5.6
Assisted Living Residential Complex
Assisted Living Residential Complexes, where permitted, shall meet the following
requirements:
a. They shall be licensed by the applicable provincial authority (where
required).
b. Have paved Access and parking area.
c. Council may require a privacy fence to be constructed.
d. Unless part of a planned mixed-use Development, meet the following
minimum Lot standards:
Standard
Lot Frontage (min)
30 m
Building Line Setback (min)
10 m or consistent with the Building Line Setback
as established by Existing Lots on the Street
Side Yard (min)
5 m
Rear Yard (min)
10 m
Lot Coverage (max)
50%
Landscaping
20%
e. A personal care home Use is permitted in a Dwelling Unit that is
adequate in size to accommodate the number of persons living in the
group, inclusive of staff. The Use and appearance of the dwelling shall not
materially differ from, nor adversely affect, the amenities of the adjacent
residences or neighbourhood.
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5.7
Automotive Sales
An Automotive Sales Use where permitted shall meet the following conditions:
a. Submission of a site development plan that shows:
i.
The number and location of parking spaces.
ii.
Ingress and egress of the parking lot.
iii. Motor vehicle circulation pattern within the Lot.
iv. Location of Buildings on the Lot.
v.
Areas to be landscaped and screened and the type of landscaping to
be used.
vi. Customer parking in accordance with Section 8 of these Regulations.
b. The Automotive Sales Use shall have a Main Building on the Lot in which
the business is conducted.
c. The Automotive Sales Lot shall be paved and shall provide drainage,
lighting, curbs, and landscaping in accordance with the requirements of
Council.
d. The Automotive Sales Use shall be licensed under the Automotive Dealers
Act prior to the Use commencing.
5.8
Bed and Breakfast
Where permitted, a Bed and Breakfast is subject to the following conditions:
a. The approved occupant load shall be posted in a prominent position
within the Bed and Breakfast.
b. Except for a Sign, there shall not be any change to the exterior
appearance of the residence
c. On-site parking is provided in accordance with Section 8 of these
Regulations.
d. If located in an area not serviced with municipal water and sewer, the
applicable provincial department must approve a drilled well and septic
system, designed by an approved designer.
e. A Land Use Assessment Report may be required.
5.9
Child Care (Daycare Centre)
Where permitted in a Use Zone, a Daycare Centre shall meet the following
conditions:
a. The operation is in accordance with all applicable provincial laws and
regulations.
b. The Building shall be designed so that its type, massing and visual
appearance fits into the Street on which it is located.
c. A limit of one (1) Daycare or day nursery will be permitted on any cul-de-
sac.
d. Any on-site, outdoor play space will have a fence erected around its
perimeter, with a gate in case of emergency.
e. Provision for off-street parking will be required as per the off-street
parking requirements of these Regulations.
f.
The drop-off and pick-up of children will not interfere with the free flow
of vehicular traffic.
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, Lounges, and night clubs.
5.10
Child Care (Family)
Where permitted in a Dwelling Unit by the Town of Paradise, Child Care as
a Home-Based Business shall conform to the requirements of the Child Care
Services Act and Regulations. Where required, a licence to operate shall be
obtained from the applicable provincial department.
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SPECIFIC USE REGULATIONS
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5.11
Home-Based Business
1.
The following conditions shall apply to the Use of a dwelling for a Home-
Based Business:
a. The Dwelling Unit is occupied as a residence by the Applicant.
b. The Use is clearly subsidiary to the residential Use, and does not detract
from the residential character of the surrounding area. The external
appearance of the dwelling shall not be changed by the Home-Based
Business.
c. No more than 25% of the total Floor Area of the dwelling, up to a
maximum of 45 m2, is devoted to the business Use.
d. No wholesale sales is carried out and retail sales are incidental and
subsidiary to the approved Use.
e. There will not be more than two (2) non-resident employees working
regularly in the dwelling.
f.
No regular parking of more than three (3) non-resident owned vehicles
will be permitted on the Lot.
g. The Lot shall have sufficient area to accommodate the parking
requirements of the Dwelling Unit and the Home-Based Business.
h. The parking of commercial vehicles is subject to a permit being issued
by Council, and subject to the Town of Paradise Commercial Vehicle
Regulations.
i.
Activities associated with the Use are not hazardous, and do not cause
noticeable noise, odour, dust, fumes, night lights, or other inconvenience
or nuisance to the neighbouring residents.
j.
Activities, such as the delivery or movement of goods, are limited to the
hours of 8 a.m. to 8 p.m.
k. There will be no repair, major maintenance, dismantling, or scrapping of
vehicles or heavy equipment.
l.
There will be no storage of unsightly materials or waste outdoors,
m. No change will be made in the type, class, intensity or extent of the
business or service without a permit.
2. In addition to the requirements set out in Section 5.11(1), a Home-Based
Business in an Accessory Building may only be permitted in the Residential
Mixed, Commercial Main Street and Rural Residential Use Zones, subject to
the following conditions:
i.
Not include any autobody, off-road vehicle or heavy equipment repair
or salvage, painting/detailing or sales;
ii.
The Building shall not be connected to municipal water or sewer
services, nor an on-site well or septic system;
iii. The business shall be owned and operated by the occupants of the
dwelling; and
iv. Activities associated with the Use are carried out inside the Accessory
Building, 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.
5.12
Home Office Use
A Home Office in a residential Dwelling Unit:
a. Shall not occupy more than 25% of the total Floor Area of the dwelling.
b. Have no exterior open storage or display of goods, materials or
equipment.
c. Must have no employees other than a resident of the dwelling.
d. Shall have no signage associated with the Home Office Use.
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5.13
Non-Residential Buildings (adjacent to Residential Areas)
1.
The following conditions shall apply to a Development that includes a
Building containing a commercial, office, industrial or public Use that adjoins
a residential Lot or Zone:
a. The views from habitable rooms of dwellings and the amenity of outdoor
spaces shall be respected in the design and siting of the proposed non-
residential Building.
b. Landscaping of the non-residential property shall screen outdoor parking,
shipping and storage areas directly visible from adjacent dwellings.
c. Snow piling areas shall be provided away from common fences with
residential properties and away from Streets.
d. Parking lots and motor vehicle circulation areas for commercial Uses
shall be situated to minimize the impact on adjoining residential
properties.
2. A Land Use Assessment Report may be required to assess the impact of
shading and shadow effects on surrounding residential properties. Council
may require Building Height, and Side or Rear Yards to be modified to
prevent shading and shadow effect of the proposed Building on adjoining
residential properties.
5.14 Service Stations and Gas Bars
Where permitted, Service Stations and Gas Bars shall be subject to the following
requirements:
Standard
Lot Area
900 m2 (minimum)
Lot Frontage
48 m, or where located at an intersection, 35 m
along each Street
Building Height
1 storey
Building Line Setback
6 m
Building Line (canopies)
3 m
Side Yards
6 m, 7.6 m on a flanking Street
Rear Yard
6 m
a. Petroleum dispensing pumps must be located on pump islands which
vehicles may access on either side, except for propane, diesel, and
kerosene pumps which may have access on one side.
b. Pump islands shall be set back a minimum of 4 m from the Front Lot
Line.
c. Accesses to the Lot shall have a minimum width of 7 m, and shall be
clearly defined.
d. When a dispensing pump is located on a Corner Lot, the minimum
distance between an Access to the Lot and the intersection of Street
Lines shall be 20 m, unless otherwise determined by Council.
e. Surface run-off shall be directed to an oil/water separator before
discharging into any storm sewer or any other surface or sub-surface
drainage system.
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SPECIFIC USE REGULATIONS
5.15
Subsidiary Apartments
Where permitted, a Subsidiary Apartment shall meet the following
requirements:
a. It shall be constructed within and subsidiary to a Single, Semi-
detached, or Row Dwelling, provided that the Gross Floor Area of
a Subsidiary Apartment is subordinate to the main dwelling unit
occupy less than 50% of the Gross Floor Area of the dwelling in
which it is situated. (2025-06-20)
b. The appearance of the main dwelling is maintained. (2025-06-20)
b. One (1) off-street parking space is provided in addition to that required
for the main dwelling.
c. In new unserviced Developments, the single dwelling and apartment
shall require the approval for on-site septic system by the applicable
provincial authority.
d. In existing unserviced (2025-06-20) Developments, a Subsidiary
Apartment shall require the approval for on-site septic system by
the applicable provincial authority. (2022-03-25)
e. An application for a Subsidiary Apartment shall include: (2024-07-
05)
i.
submission of detailed plans, including indication of access to
the newly proposed unit.
ii.
any additional information that may be required by Council.
5.16
Telecommunications and Antennas
Telecommunications structures or antennas shall comply with all applicable
provincial and federal regulations and follow Industry Canada guidelines
for community consultation. Council shall provide input to Industry Canada
regarding the impact of proposed telecommunications towers and their
potential impact on the community.
5.17
Veterinary Clinics and Animal Grooming
Where permitted, Veterinary Clinics and Animal Grooming shall meet the
following requirements:
a. They shall be for the treatment/care of small animals.
b. Overnight accommodation for small animals may only be permitted
inside the Main Building, of a Veterinary Clinic provided such
accommodation is soundproofed and does not exceed 15% of the Gross
Floor Area of the Main Building.
c. Where day care is provided for small animals, soundproofing may be
required to reduce impacts on adjoining Uses.
d. Outdoor animal runs associated with these Uses shall not be permitted.
5.18
Family and Group Care Centre (2022-04-29)
A 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 Council, 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. Council may require special access and safety features to be
provided for the occupants before occupancy is permitted.
1
2
3
4
5
6
7
8
9
42
TOWN OF PARADISE DEVELOPMENT REGULATIONS
SPECIFIC USE REGULATIONS
5.19
Cluster Development (2023-04-21)
Cluster Development, where permitted, shall be subject to the following conditions
and requirements:
a. A Cluster Development shall be maintained in single ownership unless
subdivision of the property is approved by the Town, or the dwelling units
are owned by individuals and the balance of the property is owned and
maintained as common elements within a Condominium Corporation
established under the Condominium Act, 2009.
b. A Cluster Development shall comply with the National Building Code of
Canada, particularly the minimum separation distances from other buildings
within the same property.
c. A Cluster Development shall include Amenity Space appropriate for the size
and intensity of the Development unless the site is located adjacent to open
space and otherwise approved by Council.
d. A landscape plan, prepared by a certified member of a recognized landscaping
organization recognized by the Town, is required. Section 4.3.1 a. b. d. e. and f.
apply to Cluster Developments.
e. Parking area(s) shall be designed in accordance with Section 8 Off-Street
Parking and Loading.
f.
Parking lots and motor vehicle circulation area shall be situated to minimize
the impact on adjoining properties.
g. Designs must consider and identify areas for snow storage within the
Development. Snow piling areas shall be provided away from common fences
and away from Streets.
h. Council may require a privacy fence be constructed.
1
2
3
4
5
6
7
8
9
43
SUBDIVISION OF LAND
6: SUBDIVISION OF LAND
1
2
3
4
5
6
7
8
9
6.1
Permit Required
No Land shall be subdivided unless a Development Approval is first obtained
from Council.
6.2
Services to be Provided
The Development of a Subdivision shall include provisions for Streets, water,
waste and stormwater infrastructure designed to standards established by
Council.
6.3
Building Permit Required for Each Lot
Notwithstanding the approval of a Subdivision by Council, a separate Building
Permit is required for each Building proposed to be erected within the
Subdivision. No Building Permit shall be issued until the developer has complied
with all the provisions of these Regulations, with respect to the Development of
the Subdivision.
6.4
Issue of a Development Approval Subject to Considerations
A Development Approval shall not be issued when, in the opinion of Council, the
Development of a Subdivision does not contribute to the orderly growth of the
municipality and does not demonstrate sound design principles. In determining
an application, Council shall consider:
a. The location of the Land.
b. The availability of and the demand created for schools, water, waste and
storm, sewer services, and public utilities.
c. The policies of the Municipal Plan.
d. The Land Use, physical form and character of adjacent Developments,
including proximity to potential sources of Land Use conflict or nuisance.
e. The transportation network, including Street typologies and traffic
densities affecting the site.
f.
The topography, drainage, soil, and subsurface characteristics of the site.
g. Natural environment features such as lakes, streams, vegetation.
h. Availability of community facilities.
i.
Energy conservation.
j.
Potential for enhancing connectivity of the Street and pedestrian
network.
k. Such other matters that Council may deem material.
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TOWN OF PARADISE DEVELOPMENT REGULATIONS
SUBDIVISION OF LAND
1
2
3
4
5
6
7
8
9
6.5
Minor Subdivisions
Applications for Subdivision of Lands fronting on an existing public Street, shall
include the following information:
a. The property to be subdivided, including a map or consolidated survey
showing all original parcels of Land to be included in the proposed
Development.
b. A map or survey showing how the parcel is proposed to be divided.
c. The physical features of the site, including any constraints, vegetation,
potential hazards.
d. The location and type of any Existing Buildings on the property being
subdivided
6.6
Major Subdivisions
Applications for Subdivision of Lands resulting in the creation of three (3) or more
Lots plus any remainder Lot and includes extension to an Existing Street or new
Street(s) shall include a report, prepared and certified by a professional Urban
Planner and other design professionals as necessary, that includes the following
information:
a. The property to be subdivided and developed, including a map or
consolidated survey showing all original parcels of Land to be included in
the proposed Development.
b. How the proposed Development is consistent with the intent of the
Municipal Plan and how the Development will help achieve the Plan's
stated goals and objectives.
c. The physical features of the site, including Development opportunities
and constraints, vegetation, potential hazards.
d. The conceptual layout of proposed Lots, Streets, pedestrian and cycle
pathways, parks, and natural areas to be retained as public Amenity
Space within the Development such as water bodies or significant stands
of trees.
e. How the proposed Subdivision relates to surrounding Development,
including Land Use, Streets, and pedestrian infrastructure.
f.
How the Development provides for access to adjacent Lands identified in
the Municipal Plan for future Development.
g. The volume and type of traffic that will be generated by the
Development.
h. Proposed servicing infrastructure, including water and sewer, stormwater
management and utilities.
i.
In residential Subdivisions, appropriate locations for neighbourhood
mailboxes.
j.
The placement of parking areas, including driveways.
k. A general grading plan that indicates areas of cut and fill relative to Lots,
Streets, natural areas and planned open space; and
l.
A Land Use Assessment Report, or other report concerning the proposed
Development, may be submitted to satisfy some or all of the information
requirements of this Section.
6.7
Subdivision Agreement
As a condition of approval for new Developments, Council shall require a
developer to enter into a subdivision agreement with the municipality. Such
agreements shall include specifications for fees, detailed plans for Lot layout,
infrastructure, open space, grading and landscaping, utility easements, street
lights, fill management, as well as bus stops and neighbourhood mailboxes
where required.
45
SUBDIVISION OF LAND
1
2
3
4
5
6
7
8
9
6.8
Land for Public Use
1.
Subject to Section 37 of the Act, Council may require the developer to convey
to Council title to an area of Land for public Use equal to, but not exceeding,
10% of the gross land area to be developed, provided the location and
suitability of the Land conveyed is acceptable to Council.
2. In lieu of the conveyance of Land, Council may accept a sum of money equal
to the value of the land. The money shall be reserved for the acquisition and
Development of Land for public Use.
3. Land conveyed for public Use may be sold, leased or otherwise disposed.
6.9
Payment of Service Levies and Other Charges
With the exception of permits to excavate, no Building Permit shall be issued
for the Development of a Subdivision until agreement has been reached for
the payment of all fees levied by Council for connection to services, utilities and
Streets deemed necessary for the proper Development of the Subdivision, and
all service levies and other charges imposed under Section 3.9 and 3.10.
6.10 Structure in Street Reservation
The placing within any Street Reservation of any structure (for example, a hydro
pole, telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive
the prior approval of Council, which shall be satisfied on the question of safe
construction and relationship to the adjoining Buildings and other structures
within the Street Reservation.
6.11
Subdivision Design Standards
The design of a Subdivision permitted under these Regulations shall conform to
the following standards:
a. The finished grade of a Street shall not exceed 10%.
b. New Subdivisions shall have Street connections with an Existing Street or
Streets.
c. All street intersections shall be designed and constructed within
10o of a right angle and this alignment shall be maintained for
thirty metres (30 m) from the intersection. Angles less than 80º
/ greater than 100º may be considered at the Town's discretion.
(Minimum 75º). Other intersection types, such as roundabouts
may also be considered. Street intersections shall be designed and
constructed at a right angle and this alignment shall be maintained
for 30 m from the intersection. Other intersection types, such as
roundabouts may also be considered. (2025-06-20)
d. The centre line of a Street intersection shall not be closer than 60 m to
the centre line of another Street intersection,
e. No Street block shall be longer than 500 m between Street
intersections. Where blocks are longer than 250 m, a Street, pedestrian
walkway or small park shall be included to connect Streets mid-blocks.
Where physically possible, each side of the street shall be assessed
separately to ensure a mid-block connection for blocks exceeding
250 m. (2025-06-20)
f.
Residential Lots shall not abut a Local Street at both Front and rear Lot
Lines.
g. Council may require an existing natural, historical or architectural feature
to be retained.
h. Land shall not be subdivided in such a manner as to inhibit the
Development and Subdivision of adjoining Land.
i.
Unless specified otherwise in any plan or scheme in place that affects
the Land proposed for Development, Streets in residential Subdivisions
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TOWN OF PARADISE DEVELOPMENT REGULATIONS
SUBDIVISION OF LAND
1
2
3
4
5
6
7
8
9
shall be designed to conform to the following minimum standards,
consistent with the Town's Urban Design Guidelines:
Street Type
Street
Reservation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Amenity Strip
Arterial
30 m
4 - 3.5 m
driving lanes,
2 -1.5 m Bike
lanes
4 m boulevard
pathway and
2 m
2
Less
than 2 at
Discretion
of Council
2-2.75 m strips
between sidewalk
and curb, 1-3.5
m strip at Street
centreline.
Collector
Streets
20 m
10.5 m with
on-street
parking
9.0 m (no
on-street
parking)
4 m boulevard
pathway and
2.0 m
(separated
bikes lanes
may be
considered)
2
2.0 m between curb
and Sidewalk; 0.5 m
between sidewalk
and edge of Street
Reservation.
Local
Residential
Streets
15 m
9 m
1.5 m
2
1.5 m
1.5 m between curb
and Sidewalk.
Rural,
Unserviced
Streets
15 m
9 m
1.5 m walkable
shoulder
1
(2022-03-25)
47
SUBDIVISION OF LAND
1
2
3
4
5
6
7
8
9
3.5 -
4.0 m
4.0 m
10.5 m
4.5 m
1.5 m
1.5 m
1.5 m
1.5 m
4.5 m
3.5 -
4.0 m
3.5 -
4.0 m
1.5 -
2.0 m
2.0 -
2.75 m
2.0 m
2.0 m
4.0 m
2.0 m
2.0 m
0.5 m
0.5 m
2.0 m
2.0 -
2.75 m
1.5 -
2.0 m
3.5 -
4.0 m
48
TOWN OF PARADISE DEVELOPMENT REGULATIONS
SUBDIVISION OF LAND
j.
Notwithstanding the standards set out in 6.11(i), Council may approve
alternative Street designs provided the main components set out in the
6.11(i) are included and it can be shown that the design meets Council's
objectives for walkable, safe, Streets. (See Town of Paradise Urban Design
Guidelines)
k. Amenity strips shall be landscaped in accordance with a plan approved
by Council, consistent with the Town's Landscaping Guidelines.
l.
Street trees shall be planted in accordance with an approved planting
plan on both sides of the Street, except where front lot utility servicing
is to be installed in which case the placement of street trees will be
required on one (1) side of the Street.
6.12
Cul-de-sac Streets
Within a residential Subdivision Development, cul-de-sac Streets shall be
limited to areas where Street connections are not possible. Where permitted, a
cul-de-sac Street shall meet the following standards:
a. The maximum length of a cul-de-sac shall be;
i.
200 m in areas served by municipal piped water and sewer services,
or as set out in the Limit of Servicing Agreement;
ii.
300 m in areas not served by, or planned to be served by, municipal
piped water and sewer services, unless another Access can be
provided to an Existing Street;
iii. The length of a cul-de-sac Street shall be measured from the Street
Line of the Street it intersects with, to the end of the Street, excluding
the area of the turning circle.
b. A cul-de-sac shall not terminate, or appear to terminate, a Collector
Street.
c. Every cul-de-sac head shall be provided with a turning circle having a
minimum driving surface of 30 m.
6.13
Open Space Areas
1.
All public open space areas to be conveyed to the Town shall be graded
with suitable fill material, in accordance with the approved Subdivision site
grading plan.
2. Minimum Landscaping of the recreational open space area shall be topsoil
and grass sods or hydro seed and in accordance with the Subdivision
Agreement must be completed prior to conveyance to the Town.
6.14 Building Lines
Council may establish Building Lines for any Subdivision Street and require any
new Buildings to be located on such Building Lines.
6.15
Lot Grading
1.
Subdivision design and Lot layout shall take into consideration natural
topography and stormwater drainage.
2. Drainage design shall not create flooding or result in excessive stormwater
flow for adjoining Lots or downstream properties. Retaining walls shall be
avoided where possible and grading plans shall take into consideration the
differences in dwelling elevation on adjoining lots. Each Lot shall have a
useable Rear Yard of not less than 6 m and Side Yard that is consistent with
the minimum Yard requirements of the applicable Land Use Zone. Usable
Rear Yard means having a slope between 2% and 6% for a distance of
6.0 meters from the foundation. (2025-06-20)
3. The Town reserves the right to require a drainage easement of a minimum
of 6 m in width that is not part of any required effective minimum side or
rear yard.
1
2
3
4
5
6
7
8
9
49
SUBDIVISION OF LAND
1
2
3
4
5
6
7
8
9
6.16 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 Council to
service the area proposed to be developed or subdivided shall be designed,
prepared and certified by the Developer's Engineer. Such designs and
specifications shall, upon approval by Council, be incorporated in the plan of
Subdivision.
2. Upon approval by Council of the proposed Subdivision, the Developer's
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 the Developer's cost and in accordance with
the approved designs and specifications and the construction layout certified
by the Developer's Engineer, of all such water mains, hydrants, sanitary
sewers and all appurtenances and of all such Streets and other works
deemed necessary by Council to service the said area.
6.17
Street Works May Be Deferred
1.
The construction and installation of all curbs and gutters, catch basins,
sidewalks and paving specified by Council as being necessary, may, at
Council's discretion, be deferred until a later stage of the work on the
Development of the Subdivision but the developer shall deposit with Council
before approval of his application, an amount estimated by the Developer's
Engineer as reasonably sufficient to cover the cost of construction and
installation of the works.
2. In the later stage of the work of Development, Council 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.
3. If the contract cost exceeds the deposit, the developer shall pay to Council
the amount of the excess. If the contract price is less than the deposit,
Council shall refund the amount by which the deposit exceeds the contract
price.
6.18 Transfer of Streets and Public Utilities to Council
1.
The developer shall, following the approval of the Subdivision of Land and
upon request of Council, transfer to Council, at no cost to Council, and clear
of all liens and encumbrances:
a. all Lands in the area proposed to be developed or subdivided which are
approved and designated by Council for public Uses as Streets, or other
rights-of-way, or for other public Use.
b. all services or public works including Streets, water supply and
distribution and sanitary and storm drainage systems installed in the
Subdivision that are normally owned and operated by Council.
2. Before Council shall accept the transfer of Lands, services or public works of
any Subdivision, the Developer's Engineer shall, at the cost to the developer,
test the Streets, services, and public works installed in the Subdivision and
certify that they have been constructed in accordance with the Town's
Engineering requirements.
50
TOWN OF PARADISE DEVELOPMENT REGULATIONS
SUBDIVISION OF LAND
6.19 Restriction on Sale of Lots
The developer shall not develop or dispose of any Lot within a Subdivision for the
purposes of Development and no Building Permit shall be issued until Council is
satisfied that:
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.
1
2
3
4
5
6
7
8
9
51
SIGNAGE
7: SIGNAGE
1
2
3
4
5
6
7
8
9
7.1
Intent
The purpose of regulations set out in this Section is to regulate Signs in the Town
with the intent of authorizing Signs that:
a. Are appropriate in size, number, and location to the type of activity or Use
to which they pertain.
b. Provide reasonable and appropriate means for the public to locate and
identify facilities, businesses, and services without difficulty or confusion.
c. Are compatible with their surroundings.
d. Protect and enhance the aesthetic qualities and visual character of the
Town.
e. Do not create a distraction or safety hazard for pedestrians or motorists.
f.
Minimize adverse impacts on nearby public and private property.
7.2
Definitions
BANNER SIGN means a Sign composed of lightweight, non-rigid material such as cloth,
canvas or similar material that is attached to a Building, but does not include a Canopy
Sign.
BENCH SIGN means a Sign painted, located on or attached to any part of the surface of
a bench, seat or chair placed adjacent to a public place or Street.
BILLBOARD means a Sign displaying only third party advertising.
BUILDING FACE means the total area between the finished surface of the ground and
the eaves of a Building.
BUS SHELTER SIGN means an advertisement that is painted, located on, attached, or
forms part of a bus shelter placed or erected in a public place or adjacent to a Street.
CANOPY SIGN means a Sign
that has a structure of rigid
or non-rigid material on a
framework sheltering an area
or forming a sheltered walk.
52
TOWN OF PARADISE DEVELOPMENT REGULATIONS
SIGNAGE
1
2
3
4
5
6
7
8
9
CHANGEABLE MESSAGE BOARD means any Sign that has a sign face that includes an
internal light source capable of displaying words or symbols that can be electronically
changed by remote or automatic means, and which can be part of a Ground, or Wall
Sign.
DIRECTORY SIGN means a Sign with more than one (1) establishment and which
displays only a listing of the names of these businesses or organizations without
advertising copy, except a business logo.
ELECTION SIGN means any Sign used to promote a candidate or party during an
election for public office.
ELECTRICAL SIGN means a Sign that utilizes an electrical source.
GROUND SIGN means a Sign supported by
one or more uprights, placed permanently
in the ground.
GROUP SIGN means a Ground Sign that
identifies the names and locations of tenants
in a multi-tenant Building or in a Development
made up of a group of Buildings. (2020-09-18)
HOME-BASED BUSINESS SIGN means a Sign indicating a business within the premises or
parcel that has been approved under these Regulations as a Home-Based Business.
ILLUMINATED SIGN means a Sign that emits artificial light or is illuminated by a light focused
upon, or chiefly directed at, the surface of the Sign.
53
SIGNAGE
1
2
3
4
5
6
7
8
9
INFLATABLE SIGN means a Sign or display that is capable of being expanded by air or
other gas and used as a temporary basis to advertise a product or event.
MARQUEE means any permanent roof like structure projecting beyond a Building or
extending along and projecting beyond the wall of a Building, generally designed and
constructed to provide protection from the weather.
MARQUEE SIGN means a Sign printed upon or attached to a Marquee.
MENU BOARD means a Sign erected as part of a drive-through facility and used to
display and order products and services available in association with a drive-through
business.
NEW DEVELOPMENT SIGN means a Temporary Sign that:
a. Includes, in whole or in part, information promoting a Development.
b. Relates to or advertises the location, construction or sale of a Building or
structure in the process of being constructed on a premises.
c. Promotes a plan of Subdivision or the construction of a Building or building
complex on the premises or Land during Development, and indicating the
names of the owner, designer, developer or contractor for the Development.
OFF-SITE DIRECTIONAL SIGN means a Sign indicating direction to a property, business
or event that is located on a property that is not the same as the property to which the
Sign relates, but does not include a Billboard.
ON-SITE SIGN means any Sign (permanent or temporary) located wholly within the
confines of the Owner's property.
PORTABLE SIGN means a Sign designed to be mobile and not located permanently in a
fixed location.
PROJECTING SIGN means any Sign that is wholly or partly dependent upon a Building
for support and projects from the wall or face of a Building or structure.
REAL ESTATE SIGN means a Sign pertaining to the sale or lease of the premises or
portion of the premises on which the Sign is located.
ROOF SIGN means a Sign fixed, placed upon or supported by the roof of a Building.
54
TOWN OF PARADISE DEVELOPMENT REGULATIONS
SIGNAGE
SIDEWALK SIGN means a free-standing Sign placed on but not permanently anchored
in the ground, and may include Signs commonly referred to as A-frame, T-frame,
sandwich boards, but does not include any other Sign defined in these Regulations.
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.
SIGN FACE AREA means the total area in height and width of the entire advertising
device, excluding posts and includes any framing or border around the actual lettering
or graphics. Irregular shaped Signs shall have their area determined by the maximum
dimensions of the sign face. Where a Sign has two faces or more, the maximum area is
permitted for each of the two faces.
SIGN HEIGHT means the vertical distance measured at right angles from the highest
point of the Sign or sign structure to the finished grade directly below.
SPONSORSHIP SIGN means a Sign which recognizes by name or logo, crest, insignia,
trademark or emblem only a sponsor of a recreational, cultural or educational facility or
programme.
TEMPORARY SIGN means a Sign, not permanently installed or in a fixed position, that
advertises a business, site, event or activity for a limited period of time.
VEHICLE SIGN means a Sign which is attached to a vehicle where the principle purpose
of the vehicle is to serve as a Sign or sign structure.
WALL SIGN means a Sign which is painted on or attached directly against the surface of
a Building.
7.3
Permit Required
1.
Subject to the provisions of Section 7.10, no Sign shall be erected or displayed
in the Planning Area unless a permit is first obtained from Council.
2. The erection or placement of any Sign within 100 m of the road right-of-
way of the Trans Canada Highway or Manuels Arterial is subject to dual
jurisdiction with the Province. A permit for erection or display of Signs within
100 m of the centreline of the Trans Canada Highway (Outer Ring Road),
and Pitt's Memorial Drive (Manuel's Arterial) shall also be obtained from the
applicable provincial agency under the Provincial Highway Sign Regulations
and the Protected Road Zoning Regulations.
7.4
Form of Application
Application for a permit to erect or display an advertisement shall be made to
Council in accordance with Section 3.13.
7.5
Prohibited Signs
Notwithstanding the provisions of this Section, Council may refuse any Sign
or advertisement that, in the opinion of Council, is considered hazardous to
road traffic by reasons of its siting, colour, animation, illumination or structural
condition or is considered detrimental to the visual appearance of the
surrounding area.
1
2
3
4
5
6
7
8
9
55
SIGNAGE
7.6
Removal of Signs
Notwithstanding the provisions of these Regulations, Council may require the
removal of any Sign that, in its opinion, is:
a. Hazardous to vehicular and pedestrian traffic by reason of its sitting,
colour, illumination, or structural condition.
b. Not maintained to the satisfaction of Council; or
c. Has been erected without a permit.
7.7
Signs Prohibited in Street Reservation
No Sign shall be permitted, to be erected or displayed within, on or over any
highway or Street Reservation. (2020-09-18)
7.8
Sight Triangle
Unless otherwise determined by Council, no Sign or advertisement shall be
permitted to be located within the area identified by Council as the Sight
Triangle at the intersection of Streets.
7.9
Easements
With the exception of Portable Signs, Signs shall not be permitted to locate upon
or project within the limits of utility or municipal service easements. Any Sign
located adjacent to a utility or municipal service easement shall be located in
accordance with the requirements of the easement owner.
7.10
Signs Exempt from Control
The following Signs may be erected or displayed in the Planning Area without
application to Council: (2020-09-18)
Sign Type
Conditions
Election Sign
Limited to federal, provincial, municipal or regional
school board election, not greater than 3 m2
Temporary Sign
Limited to Signs associated with federal, provincial
and municipal public works
Public Notices
Limited to notices required by-law to be posted
Regulatory, Warning,
directional, guide or
informational
Limited to federal, provincial, or municipal authority, or
a community group approved by Council
Utility Sign
Limited to those of a utility company to indicate
danger.
Real Estate Sign
Limited to non-illuminated Signs not larger than 0.465
m2 advertising the sale or rent of a Building or Lot
upon which the Sign is located. Subject to Section
7.27
New Development Sign
One (1) Sign not exceeding 9 m2 related to a
Development, located on the site of the Development,
to be well maintained and removed upon completion
or at a time determined by Council.
1
2
3
4
5
6
7
8
9
56
TOWN OF PARADISE DEVELOPMENT REGULATIONS
SIGNAGE
7.11
Signs Associated with Non-Conforming Uses
Notwithstanding the provisions for Signs permitted in a Use Zone, a permit
may be issued for the erection and display of Signs for a Non-Conforming Use,
provided the advertisement does not exceed the size and type of Sign which
could be permitted if the Development was in a Use Zone appropriate to its Use.
7.12
Non-Conforming Signs
A Sign that legally exists at the date of coming into effect of these Regulations
which is not in accordance with the standards of these Regulations may
continue to exist provided the Sign is maintained and in good repair, and
does not pose a safety hazard. It may be modified or replaced provided such
modification or replacement is in accordance with these Regulations.
7.13
Number of Signs
1.
There should be no more than one (1) free-standing premises Sign per
property.
2. Free-standing premises Signs may include a Changeable Message Sign, a
Ground Sign or a Group Sign and may include advertising for more than one
(1) business operating from the property.
7.14
Banner Signs
A Banner Sign shall not be suspended across any Street unless Council grants its
approval. A Banner Sign attached to a face of a Building, fence or other structure
shall be considered in a like manner to a Wall Sign.
7.15
Bench and Bus Shelter Signs
Bench Signs and Bus Shelter Signs shall be approved in accordance with the
requirements and conditions as determined by Council.
7.16
Canopy Sign
a. A Canopy Sign shall meet the following conditions:
Standard
Sign width (max)
Width of the wall to which it is attached
Vertical Clearance
2.2 m from ground surface
Projection from wall
3.0 m
b. The canopy or awning does not abut a residential Lot or Zone.
c. The Sign shall not extend over public Land or Streets except where
approved by Council.
d. The Sign shall not extend over a driving area or parking surface except
where approved by Council.
e. The Sign shall be anchored and secured in accordance with the
requirements of the Engineering Department.
7.17
Changeable Message Signs
A changeable message board as part of the sign face is subject to the following
conditions:
1.
A Changeable Message Sign face may be permitted as a sign face on a
Ground Sign, Marquee Sign, Menu Board, On-site Sign, Portable Sign,
and Wall Sign subject to the conditions for such Signs set out in these
Regulations.
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2. The Changeable Message Sign face shall:
a. Have a maximum illumination level of 1,500 lumens between sunrise and
sunset and a maximum illumination of 28 lumens between sunset and
11pm. and be equipped with technology that automatically adjusts the
brightness accordingly.
b. Be turned off between 11 p.m. and 6 a.m. daily.
c. Have a maximum transition time from one image or format to the next
of two (2) seconds, without transitions that include scrolling, sliding or
rolling.
d. Have a minimum image display time of ten (10) seconds.
e. Be shielded to reduce glare in a manner acceptable to Council.
f.
Have a positive contrast orientation.
g. Not have lights in a colour or combination of colours which in the opinion
of Council, may be misinterpreted as an emergency/warning device or
vehicle or other traffic control device; and
h. If possible, to display a black screen in the event of an error.
3. Where a Changeable Message Sign that is part of a free-standing Sign to be
used primarily for advertising, the Lot or property on which the Sign is to be
located shall:
a. Have a minimum Frontage of 30 m and the sign face shall not exceed 7
m2.
b. Have an overall height of the Sign from the surface above the ground to
the top of the Sign of no greater than 5 m.
c. Be set back a minimum distance of 20 m from the intersection of Streets.
d. Not be located closer than 2 m to the front or flanking street Lot Line.
e. Not be located closer than 2 m to a side Lot Line.
f.
Not be located within the limits of a utility or municipal service
easement.
g. Have a minimum separation distance of 100 m between Signs when on
the same side of the Street and in the same line of sight or visual plane.
h. Not interfere or obstruct access to or from a Lot or create a visual
obstruction to the travelling public.
i.
Not be located within 60 m of a residential Zone and shall not be
oriented such that it faces an abutting residential Zone or residential Lot.
j.
Not have lighting that will adversely affect neighbouring areas.
4. Where a Changeable Message Sign is part of a Wall Sign, the Lot or property
on which the Sign is to be located shall:
a. Have a minimum Frontage of 30 m and the sign face shall not exceed
7 m2.
b. The maximum overall height of the Sign from the surface above the
group to the top of the Sign shall be 5 m.
c. Not be located closer than 2 m to the front or flanking street Lot Line.
d. Not be located closer than 2 m to a side Lot Line.
e. Not be located on a Building such that the Sign faces an abutting
residential Zone or residential Lot.
f.
Not have lighting that will adversely affect neighbouring areas.
5. Council may require a Land Use Assessment to determine the impact of a
Sign proposed to include a Changeable Message Sign face where, in the
opinion of Council the Sign, by virtue of its size or location could have an
impact on surrounding residences or could create a traffic hazard.
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SIGNAGE
7.18
Election Signs
Election Signs shall be subject to the following conditions:
a. No permit fee shall be required for Election Signs less than 3 m2 in size.
b. Permission of the Owner is required for placement on private property.
c. The Sign does not cause an obstruction to neighbouring properties.
d. Election Signs may be permitted on vacant Land owned by Council,
provided they do not cause an obstruction to the travelling public or the
work of Council, and are not located within the far limits of the Street at
any Street intersection.
e. Election Signs shall not be affixed or attached to existing municipal
Buildings, structures or Signs.
f.
Candidates shall remove their Election Sign within 36 hours after the
close of polls on Election Day and shall ensure that the site is cleaned up.
g. If the Candidate fails to remove his or her Election Signs within 36 hours
after the polls close on Election Day, Council may remove them and
dispose of them and the candidate shall be responsible for the costs of
the removal and disposal of such Signs.
h. Council reserves the right to remove without notice, any Election Signs
placed where such placement is not permitted, or where their placement
causes an obstruction to the travelling public.
7.19
Electrical or Illuminated Signs
Every Electrical or Illuminated Sign shall be approved by a certified organization
that is accepted by the Province of Newfoundland and Labrador and the
Standards Council of Canada. A licensed electrician shall undertake the electrical
hook-up of the Sign and the electrical certification's approval sticker shall be
displayed on the Sign.
7.20 Ground Sign
Ground Signs shall be subject to the following conditions:
Standard
Sign Face Area
48 m2, maximum width of 6 m
Height (Maximum)
(2025-06-20)
8 m
Number permitted on
a Lot
1
Greater than one at the discretion of Council
Density
No more than one (1) Sign per 30 m along any Street
Setback
One half the Sign Height from the Front Lot Line;
1 m (min) from side Lot Line
Separation distances
(min)
3 m from a dwelling, apartment, school or church
15 m from Ground Signs on abutting Lots
1 m from ground surface for any electrical component
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7.21
Inflatable Sign
Inflatable Signs shall be subject to the following conditions:
Standard
Size
Discretion of Council
Setback
1.5 times the inflated Sign Height from Front Lot
Line
Number permitted on a Lot 1 per Lot for every 30 m of Frontage
Time Limit
30 days (max), may be extended for 30 days to a
maximum of 60 days in total
a. The Sign shall not interfere or obstruct access to or from a Lot.
b. The Sign may be illuminated internally or externally but shall not contain
flashing or intermittent lighting or lighting which creates glare when
viewed by oncoming traffic or by abutting residential Uses.
c. The Sign shall be anchored and secured in accordance with the
requirements of the Engineering Department.
d. If in the opinion of the Engineering Department the Sign is a hazard
or unsafe to the public, the Sign shall be removed immediately upon
notice. (2020-09-18)
7.22 Marquee Sign
Marquee Signs shall be subject to the following conditions:
Standard
Size
Width shall be no greater than the Marquee to which it is
attached
Vertical
Clearance
3 m from ground surface to the Sign
a. A Marquee Sign shall not extend over public Land or Street except where
approved by Council.
b. The Sign shall be anchored and secured in accordance with the
requirements of the Engineering Department.
7.23 Menu Boards
Menu Board Signs shall be subject to the following conditions:
Standards
Sign Face Area (max)
2 m2 Pre-menu Board
4.1 m2 Menu Board
Height (max)
3 m
Number of Signs
One (1) pre-menu and one (1) Menu Board per
drive-through isle
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SIGNAGE
7.24 Off-Site Directional Sign
1.
Off-site Directional Signs, intended to direct traffic to a commercial or
industrial site or Use, shall not be permitted.
2. Off-site Directional Signs related to a charitable, non-profit or municipally
sponsored event, which direct traffic to a community facility, may be
permitted provided only one (1) Sign is erected per Street frontage, the
Sign is erected for the duration of the event, and the location, size and
construction of the Sign conforms to the requirements of Council.
7.25 Portable Sign
a. Portable Signs shall be subject to the following conditions:
Standards
Size
2 sign faces (max) of not more than 9 m2 each
Height
3 m from ground level to top of Sign
Setback
1.5 m from any Lot Line, outside of the Sight Triangle on a
Corner Lot
Density
Not more than one (1) where Lot Frontage is less than 20
m.
Where Lot Frontage is greater than 20 m, Sign shall be no
less than 15 m apart.
b. The Sign must be located on the property on which the business is
located.
c. The Sign shall not interfere or obstruct access to or from a Lot.
d. The Sign shall not be placed on a portion of a Lot that abuts a residential
Zone or Existing residential Lot.
e. If the Sign is Illuminated, the Sign shall be of a design approved by the
Canadian Standards Association (CSA) and bear the CSA approval decal
on the Sign.
f.
The Sign shall be constructed in accordance with engineered drawings
approved by Council.
g. The Portable Sign permit shall be valid for a period of 365 days from the
date of issue by Council. Upon expiration of the sign permit, the Sign is
to be removed or a new sign application submitted to Council and such
permit may be renewed for further periods of 90 day upon application
and approval. (2020-09-18)
h. Every Portable Sign or advertisement shall display, in a manner
acceptable to Council, the name and phone number of the design
contractor and a Sign identification tag from the Town's sign registry.
7.26 Projecting Sign
a. Projecting Signs shall meet the following conditions:
Standard
Vertical Clearance
3 m (min) from ground surface
Separation
3 m (max) Projection from the Building to which it is
attached
b. The Sign is a rigid Sign and its design and construction does not permit it
to swing in the wind.
c. A Projecting Sign shall not extend over public Land or Streets except
where approved by Council.
d. A Projecting Sign shall not extend over a driving area or parking surface
except where approved by Council.
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7.27 Real Estate Signs
Real Estate Signs shall be subject to the following conditions:
a. No Real Estate Sign shall be affixed to any utility pole or municipal
Building, structure or Sign or be erected or placed on publicly owned
Land without the permission of the property Owner.
b. There shall be a limit of one (1) double-faced Sign per property or for
every 30 m of Lot Frontage.
c. A Corner Lot may carry two (2) double-faced Signs, one (1) Sign for each
Street.
d. Portable real estate open house signs shall also be permitted provided
their placement does not obstruct vehicular or pedestrian movement,
and the duration of such placement is limited to the time of the actual
open house.
e. A Real Estate Sign marking that the property is "sold" may appear for a
limit of two (2) weeks from the date of the closing of the transaction.
7.28 Sidewalk Sign
a. Sidewalk Signs shall meet the following conditions:
Standard
Size
Maximum of two (2) sign faces, no greater than 0.55 m2 each
Height
1 m
Separation
3 m from any driveway Access
Placed as close to the Building Face as possible, maintaining
an unobstructed sidewalk width of 1.5 m during business
hours and taken indoors at all other times.
7.29 Vehicle Signs
Unless otherwise determined by Council, a Sign or advertisement shall not be
attached, affixed, or displayed on a vehicle or trailer which is parked or located
for the primary purpose of displaying said Sign or advertisement.
7.30 Wall Sign
a. Wall Signs shall meet the following conditions:
Standard
Size
Wall coverage no greater than 20% of Building Face
No wider than the wall to which it is attached
Vertical Clearance
3 m above ground surface
Projection
30 cm (max)
b. Wall Signs shall not immediately face a residential Lot.
c. The Sign shall be anchored and secured in accordance with the
requirements of the Engineering Department.
d. A permit for a Wall Sign on the primary facade is not required for a new
Building that has been approved by Council.
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TOWN OF PARADISE DEVELOPMENT REGULATIONS
SIGNAGE
7.31
Signs Permitted in Use Zones
Use Zone
Permitted
Discretionary
Residential Zones
Home Based Business: Ground Sign
(0.4m2 Sign Face Area (max.))
Multi-unit Residential and
Commercial Buildings: Ground Sign,
Canopy Sign, Wall Sign.
Other Commercial Uses: Wall
Sign, Ground Sign
Planned Mixed
Development
(Residential)
Wall Sign, Ground Sign, Canopy Sign,
Projecting Sign.
Group Sign
Residential Mixed
Ground Sign, Wall Sign.
Banner, Canopy Sign,
Inflatable Sign, Marquee Sign,
Projecting Sign, Portable Sign
Planned Mixed
Development
(Commercial)
Commercial General
Commercial
Neighbourhood
Canopy Sign, Ground Sign, Marquee
Sign, Portable Sign, Projecting Sign,
Wall Sign, Menu Board
Menu Board. . (2020-09-18)
Changeable Message Sign
Commercial/Light
Industrial
Banner, Canopy Sign, Ground Sign,
Inflatable Sign, Marquee Sign,
Portable Sign, Projecting Sign, and
Wall Sign.
Changeable Message Sign
Commercial Mainstreet
Banner, Canopy Sign, Ground Sign,
Inflatable Sign, Marquee Sign,
Portable Sign, Projecting Sign, Wall
Sign, Menu Board.
Changeable Message Sign
Industrial General
Banner, Canopy Sign, Ground Sign,
Inflatable Sign, Marquee Sign,
Portable Sign, Projecting Sign, and
Wall Sign.
Changeable Message Sign
Public Use
Canopy Sign, Ground Sign, Marquee
Sign, Projecting Sign, Roof Sign, and
Wall Sign.
Portable Sign, Changeable
Message Sign
Open Space/Recreation
Banner, Canopy Sign,
Ground Sign, Inflatable Sign,
Marquee Sign, Portable Sign,
Projecting Sign and Wall
Sign.
Open Space/Buffer
Conservation
Wayfinding Signs
Rural
Banner, Canopy Sign, Ground
Sign, Marquee Sign, Portable Sign,
Projecting Sign and Wall Sign.
Quarry
Ground Sign, Wall Sign, Portable Sign.
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SIGNAGE
7.32 Engineering Design Requirements (2020-09-18)
Signs shall be designed, constructed and erected to withstand the ice load and wind
load requirements as determined by Council.
The following types of signs will require plans that are signed and sealed by an Engineer
a. Billboard Sign,
b. Changeable Message Sign,
c. Ground Signs greater than three metres (3 m) in height,
d. Portable Sign, and
e. Roof Sign.
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TOWN OF PARADISE DEVELOPMENT REGULATIONS
OFF STREET PARKING AND LOADING
8: OFF-STREET PARKING AND LOADING
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8.1
Off-street Parking Requirements
For every Building, structure or Use to be erected, enlarged or established, there
shall be provided and maintained a quantity of off-street 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.
8.2
General Parking Requirements
The number of parking spaces to be provided for any Building, structure, Use or
occupancy shall conform to the following requirements:
Development or Use
Minimum Off-Street Parking Requirement
Assembly
Church or Church Hall
Theatre
One (1) space per 10 m2 of seating area
Cultural and Civic
One (1) space for every 20 m2 of Net Floor Area
Funeral Home
General Assembly
Indoor Assembly
One (1) space for every 20 m2 of Net Floor Area
Health and Fitness Facility
One (1) space per 25 m2 of studio area
Educational
One (1) space for each staff
One (1) space for every three (3) student population Level II
or above
Visitors, 5% of school population (min 2 spaces)
Accessibility spaces in accordance with the Accessibility Act
Club and Lodge
Lounges and Bars
Restaurant
One (1) space for every 10 m2 of seating area
Adult Day Care Use
Daycare Centre
Where no drop off zone is provided: One (1) space for every
three (3) employees plus one (1) space for every 15 m2 of Net
Floor Area.
Where a drop off zone is provided: One (1) space for every
three (3) employees plus one (1) space for every 40 m2 of
Net Floor Area.
Institutional
Medical Treatment and
Special Care
One (1) space for every 20 m2 of Net Floor Area
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OFF STREET PARKING AND LOADING
Residential
Single Dwelling
Two (2) spaces per Dwelling Unit, one (1) space per
Dwelling Unit in Residential High Density Use Zone.
Duplex, Semi-detached
Row or Mini Home Dwelling
One (1) space per Dwelling Unit. Parking may be on same
Lot as the dwelling, or grouped in a designated parking
area where the Buildings are part of a cluster development.
Apartment Building
Cluster Development
Three (3) spaces for every two (2) Dwelling Units
(2023-04-21)
Assisted Living Residential
Complex (Seniors
apartment Building)
One (1) space for every 20 m2 for that portion of a Building
utilized as wards.
One (1) occupant parking space for every two (2) Dwelling
Units
One (1) visitor parking space for every four (4) Dwelling
Units; and 0.85 parking space per staff member.
Subsidiary Apartment
One (1) space
Hotels
One (1) space for every guest room plus one (1) per 20 m2 of
banquet or conference room
Business and Personal Service Use
Office
One (1) space for every 40 m2 of Net Floor Area
Medical and Professional
Personal Service
General Service
One (1) space for every 20 m2 of Net Floor Area
Animal Grooming
One (1) space per 30 m2 of Net Floor Area
Hair Salons
Two (2) spaces for each employee
Veterinary Clinic
Minimum of two (2) spaces plus one (1) space for every 20
m2 of Net Floor Area
Home-Based Business
Minimum of one (1) space per non-resident employee
Retail
Shopping Centre
One (1) space for every 20 m2 of Net Floor Area
Convenience Store
Retail Store
Minimum of two (2) spaces plus one (1) space for every 20
m2 of Net Floor Area
Take-Out Food Service
Minimum of two (2) spaces plus one (1) space for every 15
m2 of Net Floor Area
Vending Stand
Minimum of two (2) spaces plus additional as specified by
Council
Industrial
Hazardous Industry
General Industry
Light Industry
One (1) space for every employee, plus three (3)
General Garage (2024-07-
05)
Five (5) spaces per service bay plus one (1) space per
employee
Service Station
One (1) space for every 20 m2 of Net Floor Area.
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OFF STREET PARKING AND LOADING
8.3
Unspecified Parking Standards
For every Use, Building, or structure not specified in Section 8.2, the requirement shall
be as determined by Council.
8.4
Residential Off-Street Parking Spaces
Parking areas for vehicles on a residential Lot shall:
a. Be on the area of the Lot approved for off-street parking space or spaces.
b. Not be permitted on the landscaped portion of the Front Yard, or Flanking Street
Side Yard of the Lot.
c. For Row Dwellings, parking may be provided for groups of dwellings, within an
approved Development.
d. Parking space for apartment buildings shall be provided in the Rear Yard where
possible.
e. Driveway and parking areas shall have a surface treatment that may include a
hard surface such as asphalt, or pervious treatment with pavers, brick, turf stone
or porous pavement designed to reduce stormwater runoff.
8.5
Non-Residential Parking Areas
1.
To the extent that is possible and practicable, off-street parking spaces shall be sited
to reduce the visibility of parking areas from public Streets through a combination
of placement within a Development, Landscaping and shared parking space.
Parking areas, where possible, shall be planned so that they are located within or
behind buildings, or in a Side Yard.
2. Where permitted, parking areas for more than four (4) vehicles shall meet the
following requirements:
a. The parking areas shall be arranged so that it is not necessary for any vehicle to
reverse onto or from a Street.
b. The parking area and an adjoining driveway shall be paved and provide
drainage, lighting, curbs, and Landscaping in accordance with requirements of
Council.
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. No part of any off-street parking area shall be closer than 1.5 m to the Front Lot
Line in any Zone.
f.
Where a parking area is in or abuts a residential Zone, a natural or structural
barrier at least 1.8 m in height may be required along the abutting Lot Lines.
3. A parking lot involving thirty (30) or more parking spaces shall include provision for
safe pedestrian movement to and from parking spaces and the Main Building or
Buildings on the Lot as follows:
a. Walkways that cross a parking lot or driveway shall be clearly marked through
the use of paint or a change in paving materials, distinguished by their colour,
texture or height.
b. A continuous pedestrian walkway with a minimum width of 1.8 m 1.5 m shall
be provided along the full length of all building facades featuring a customer
entrance and/or customer parking lot. (2025-06-20)
4. A parking lot involving sixty (60) or more parking spaces shall include one (1) or
more landscaped islands equal to 1 m2 for each parking space, and such island or
islands shall be landscaped in accordance with an approved Landscaping Plan and
enclosed with permanent continuous cast-in-place concrete curbing.
5. The design of parking areas may incorporate landscape design features outlined
in the Town's Urban Design Guidelines, such as swales, or surface treatments
consisting of pervious materials such as pavers, brick, turf stone or porous
pavement to reduce stormwater runoff from the Lot.
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OFF STREET PARKING AND LOADING
8.6
Parking Space Layout
1.
Parking stall layouts shall be required to be designed in accordance with the
following standards:
Parking Angle (Degrees)
Minimum Standard (m)
0
20
30
45
60
70
80
90
Stall width
2.74
2.74
2.74
2.74
2.74
2.74
2.74
2.74
Stall to curb
2.74
4.57
5.27
6.04
6.40
6.40
6.19
5.79
Aisle width
3.66
3.35
3.35
3.96
5.49
7.32
7.32
7.32
Curb length per vehicle
7.01
8.02
5.49
3.87
3.17
2.93
2.77
2.74
Centre to centre width
of double row with aisle
between
9.14
12.50
13.90
16.00
18.29
18.59
19.60
18.90
Curb to curb stall centre
-
9.91
11.52
14.17
16.92
17.65
19.11
-
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OFF STREET PARKING AND LOADING
2. The minimum standards for indoor parking are:
Stall width
2.6 m
Stall to curb
5.6 m
Aisle width
6.7 m
Centre to centre width of double row with aisle between
18.0 m
The space required for each parking stall must be maintained between any obstacles
such as columns.
3. Small car parking may be provided subject to the following conditions:
a. A maximum of 25% of the required number of parking spaces for a
Development may be dimensioned for small (mini/subcompact) car use;
b. Each space for small car parking is clearly marked as such;
c. Spaces for small cars shall have a stall depth of 2.4 m, and stall length of
4.7 m. Dimensions for angled parking for small cars shall be provided by
the Engineering Department.
8.7
Parking Spaces for Persons with Disabilities
For any Development 6% of the total parking shall be allocated for disabled
parking in accordance with the requirements of the Buildings and Accessibility Act
and Regulations administered by the Province of Newfoundland and Labrador.
(2023-06-02)
8.8
Parking Relief
1.
At the discretion of Council, an Applicant may be relieved of all or part of
the parking required under Section 8.2 provided the Applicant is able to
show that, because of the particular characteristics of the Development, the
actual parking requirements within the foreseeable future are expected to
be lower than those required by Council.
2. Shared parking, vehicle and pedestrian Access shall be considered in
commercial Zones along Topsail Road where there is more than one
commercial Building, occupancy or Use on a Lot, or between adjoining Lots,
where such sharing will improve vehicular and pedestrian safety, access,
movement, and the space required to be occupied by parking lots.
8.9
Drop-Off and Pick Up Areas
Adequate off-street provision for drop-off and pick-up of persons shall be
provided in Developments where determined by Council to be required.
8.10 Off-Street Loading Requirements
Loading facilities shall be provided where Land is used or a Building or portion
of a Building is erected, placed, altered, or used, involving the frequent loading,
shipping, or unloading of animals, goods, merchandise, persons, or wares,
subject to the following conditions:
a. Each on-site loading space shall have a minimum width of 3.5 m, a
minimum depth of 15 m, and a minimum height clearance of 4.2 m.
b. No loading space shall be located in the required Front or Flanking
Yard of the Lot or be located in any required Yard abutting a Lot in a
residential Zone.
c. All loading spaces shall be so arranged that vehicles can maneuverer
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OFF STREET PARKING AND LOADING
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clear of any Street and so that it is not necessary for any vehicle to reverse
onto or from a Street.
d. Council may require loading spaces to be visually screened from nearby
Streets or residential Use by berm, Building, Landscaping, solid fence,
wall, or any other similar structure.
8.11
Bicycle Parking
1.
Bicycle parking spaces, consisting of racks or storage lockers, shall be
required for non-residential Uses including office, retail, or public Use.
2. Bicycle parking spaces where required, shall be provided in the following
manner:
a. A minimum of two (2) bicycle parking spaces or 7 % of the required
number of vehicular parking spaces, whichever is greater.
b. They shall be securely anchored to concrete, asphalt, or other similar
hard surface on the ground, or be anchored to a structure permanently
affixed to the ground or a Building, and such rack or locker shall allow the
bicycle frame to be locked.
c. Required bicycle parking spaces shall be provided within 15 m of a
Building entrance it serves.
8.12
Drive-Through Facilities
1.
On-site queuing spaces for a Drive-Through Facility shall be provided and
maintained in the amounts as follows:
Use
Minimum Number of Queue Spaces Required
Auto Service
Two (2) inbound for each service bay
Car Wash, Automatic
Five (5) inbound
Car Wash, Self-Serve
Two (2) for each car wash stall
Restaurant, Fast Food
Fourteen (14) inbound for each service window and one (1)
outbound for each service window
Financial Institution
Four (4) inbound for each service window
Pharmacy
Three (3) inbound for each service window
Other
Same as listed Use that has a sufficiently similar queuing
expectation
2. There shall be a minimum of 6 m after the pick-up window to an on-site aisle
or parking area.
3. Drive-through stacking lanes should be separated by raised islands, be well
signed to provide for ease of use and located so as to avoid crisscrossing of
lanes.
4. Order boards with an intercom shall be designed to minimize noise impact
on adjacent residential or institutional Uses.
5. Council may require the Applicant to undertake a Land Use Impact
Assessment to assess the proposed Drive-Through Facility and mitigation
measures where the Drive-Through Facility is adjacent to residential Uses.
6. No drive-through stacking lane, order window, or order board shall be
located within 3 m of a Lot Line abutting a residential Use.
7.
A buffer consisting of a sound-proof fence and landscaping shall be
provided adjacent to residential Uses. A fence, berm, and landscaping or
a combination of these elements shall be used to reduce headlight glare,
order board lighting, and noise from the Drive-Through Facility.
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USE ZONES
9: USE ZONES
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9.1
Identification of Zones
For the purpose of these Regulations, the Planning Area is divided into Use Zones which
are illustrated on the Paradise Land Use Zoning Map, attached as Appendix A and
forming part of these Regulations.
9.2
Interpretation of Zone Boundaries
Boundaries between Zones shall be determined as follow:
a. Where a Zone boundary is indicated as following a Street the boundary shall be
the centre line of the Street unless otherwise indicated.
b. Where the Zone boundary is indicated as approximately following Lot Lines the
boundary shall follow the Lot Lines.
c. Where an electric transmission line right-of-way serves as a Zone boundary, the
centreline of the right-of-way shall be considered the boundary between the
Zones unless otherwise indicated.
d. Where a Zone boundary is indicated as following the edge of a watercourse the
Zone shall follow any change in the boundary of that watercourse.
9.3
Classification of Land Uses and Buildings
Appendix B contains a table listing classes of Uses and provides examples of specific
Uses for each Use class. Where a Use is proposed that is not listed as an example,
Council may interpret that Use as being included in a Use class for the purposes of
determining whether it is a Permitted, Discretionary or Prohibited Use in the applicable
Use Zone.
9.4
Permitted Uses
Subject to these Regulations, the Uses that fall within the Permitted Use classes set out
in the appropriate Use Zones shall be permitted by Council in that Use Zone.
9.5
Discretionary Uses
Subject to these Regulations, the Uses that fall within the Discretionary Use classes
set out in the appropriate Use Zones may be permitted in that Use Zone if Council 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 Council has given notice of the
application and has considered any objections or representations which may have been
received on the matter.
9.6
Prohibited Uses
Uses that do not fall within the Permitted or Discretionary Use class of any Use Zone, or
are specifically identified as a Prohibited Use shall not be permitted in that Zone.
71
USE ZONES
1
2
3
4
5
6
7
8
9
9.7
Uses Permitted in All Zones
The following Uses shall be permitted in any Use Zone:
-
Municipal Infrastructure, Services and Utilities
-
Public Open Space
-
Conservation
9.8
Standards and Conditions
In addition to the requirements of these Regulations, the standards and
conditions for Development in each Use Zone are listed in the Use Zone tables.
Where standards, requirements and conditions applicable in a Use Zone
are not set out in these Regulations, Council may determine the standards,
requirements and conditions which shall apply.
9.9
Use Zones
The following Land Use Zones are set out in these Regulations. The abbreviations
listed have been used to identify individual Use Zones on the Zoning Map:
Use Zone
Abbreviation
RESIDENTIAL LOW DENSITY
RLD
RESIDENTIAL MEDIUM DENSITY
RMD
RESIDENTIAL HIGH DENSITY
RHD
RESIDENTIAL WATERSHED
RWS
RURAL RESIDENTIAL
RR
RURAL RESIDENTIAL (CONSERVATION)
RR(C)
RESIDENTIAL SUBDIVISION AREA
RSA
PLANNED MIXED DEVELOPMENT (Residential)
PMDR
RESIDENTIAL MIXED
RM
RESIDENTIAL MINI HOME
RMH
PLANNED MIXED DEVELOPMENT (Commercial)
PMDC
COMMERCIAL GENERAL
CG
COMMERCIAL MAINSTREET
CM
COMMERCIAL NEIGHBOURHOOD
CN
COMMERCIAL/LIGHT INDUSTRIAL
C/LI
INDUSTRIAL GENERAL
IG
PUBLIC USE
PU
OPEN SPACE/RECREATION
OSR
OPEN SPACE/BUFFER
OSB
CONSERVATION
CON
RURAL
RUR
QUARRY
Q
COMPREHENSIVE DEVELOPMENT AREA
CDA
72
TOWN OF PARADISE DEVELOPMENT REGULATIONS
USE ZONES
1
2
3
4
5
6
7
8
9
9.10 Residential Low Density (RLD)
1.
Purpose
To recognize the low density pattern of Development along older Streets in
Paradise characterized by larger Lots and Building Setbacks.
2. Permitted Uses
The following Uses shall, subject to the requirements of these Regulations, be
permitted:
-
Family Child Care
-
Family and Group Care Centre (2022-04-29)
-
Home Office
-
Single Dwellings
-
Urban Agriculture
3. Discretionary Uses
The following Uses may be permitted, subject to the requirements of these
Regulations:
-
Adult Day Care (Residential)
-
Animal
-
Assisted Living Residential Complex
-
Bed and Breakfast
-
Daycare Centre
-
Home-Based Business
-
Subsidiary Apartment
-
Telecommunications Towers
4. Zone Standards
Standard
Single
Dwelling
Single Dwelling (Unserviced)
Minimum Lot Area (m2)
580
1,860 (infill)
Minimum Frontage (m)
18.0
30.5 (infill)
Minimum
Building
Line
Setback (m)
7.6
7.6
Where Development is infill on an Existing
Street, Setback to be generally consistent
with adjacent dwellings but no greater than
30 m in accordance with Section 4.6
Maximum
Building
Line
Setback (m)
15.0
30.0
Minimum Side Yard (m)
1.2/2.4
1.2/3.0
Minimum Flanking Street
Side Yard (m)
7.6
7.6
Minimum Rear Yard (m)
9.0
9.0
Maximum Lot Coverage
45%
Maximum Height (m)
9.0
9.0 (2023-06-02)
Accessory Buildings (2024-
07-05)
Refer to Section 4.2 Accessory Buildings
73
USE ZONES
Single Dwelling (Serviced)
1
2
3
4
5
6
7
8
9
Min. Lot Area:
580m2
Min. Frontage: 18m
Min. Rear Yard: 9m
Building Line Setback:
7.6m-15m
Max. Lot Coverage: 45%
Max. Height: 9m
Min. Side Yard: 1.2m
Min. Side Yard: 2.4m
74
TOWN OF PARADISE DEVELOPMENT REGULATIONS
USE ZONES
9.11
Residential Medium Density (RMD)
1.
Purpose
To recognize existing neighbourhoods of predominantly Single-detached
Dwellings and to accommodate additional forms of housing in new, infill
Subdivisions including Single and Semi-detached Dwellings as well as small,
multi-unit dwellings.
2. Permitted Uses
The following Uses shall, subject to the requirements of these Regulations, be
permitted:
-
Assisted Living Residential Complex
-
Duplex Dwellings
-
Family Child Care
-
Family and Group Care Centre (2022-04-29)
-
Home Office
-
Single-detached Dwelling
-
Semi-detached Dwelling
-
Subsidiary Apartment
-
Urban Agriculture
3. Discretionary Uses
The following Uses may be permitted, subject to the requirements of these
Regulations:
-
Animal
-
Apartment Building (up to 8 units)
-
Bed and Breakfast
-
Boarding House
-
Cluster Development (2023-04-21)
-
Daycare Centre
-
Educational
-
Home-Based Business
-
Office
-
Personal, Professional and Medical (up to 200 m2)
-
Place of Worship
-
Row Dwelling
-
Telecommunications Towers
4. Exception
Civic Address
Exception
22 Pleasantview Avenue
Existing Light Industrial Use recognized as a
Permitted Use
1
2
3
4
5
6
7
8
9
75
USE ZONES
5. Zone Standards
Standard
Single
Dwelling
Semi-detached
Dwelling
Row Dwelling
Minimum Lot Area (m2)
450
270 per d u
180 per d u
Minimum Frontage (m)
15.25
9.0 per d u
6.0 per d u
Minimum Building Line Setback (m)
7.6
7.6
7.6
Maximum Building Line Setback (m)
15.0
15.0
15.0
Minimum Side Yard (m)
1.2/2.4
2.4
3.0 on end unit
Minimum Flanking Street Side Yard
(m)
7.6
7.6
7.6
Minimum Rear Yard (m)
8.0
8.0
8.0
Maximum Lot Coverage
45%
45%
55%
Maximum Height (m) (2023-06-02)
9.0
9.0
9.0
Landscaping (Minimum) Front Yard
50%
33%
33%
Accessory Buildings (2024-07-05)
Refer to Section 4.2 Accessory Buildings
Standard
Single Dwelling (Unserviced)
Minimum Lot Area (m2)
1,860 (infill)
Minimum Frontage (m)
30.5 (infill)
Minimum Building Line
Setback (m)
7.6
Maximum Building Line
Setback (m)
30.0
Minimum Side Yard (m)
1.2/3.0
Minimum Flanking Street
Side Yard (m)
7.6
Minimum Rear Yard (m)
9.0
Maximum Height (m)
9.0 (2023-06-02)
Landscaping (Minimum)
Front Yard
50%
Accessory Buildings (2024-
07-05)
Refer to Section 4.2 Accessory Buildings
(2022-07-08)
1
2
3
4
5
6
7
8
9
76
TOWN OF PARADISE DEVELOPMENT REGULATIONS
USE ZONES
1
2
3
4
5
6
7
8
9
6. Standards for Multi-Unit Residential Buildings
Minimum Lot Area Per Unit (m2)
140
Lot Depth (min)
30.0
Minimum Frontage (m)
25.0
Minimum Building Line Setback
(m)
7.6
Minimum Side Yard (m)
3.0 (Flanking Street - 7.6)
Minimum Rear Yard (m)
10.0
Maximum Lot Coverage
45%
Maximum Height (m)
14.0
Accessory Buildings (2024-07-
05)
Refer to Section 4.2 Accesso-
ry Buildings
7. Lot Exceptions
The following standards shall apply to Lots for Single-detached Dwellings located at the
civic addresses listed below:
Civic Address
Standard
1-39, 2-24 Jane Heights
3-11, 4-12 Priscilla Place
3-17, 4-16 Ashley Place
3-13, 4-16 Jillian Place
11-53, 4-36 Christine Crescent
3-43 Dungarvan Street
3-19, 4-20 Newcastle Place
Minimum Lot Area (m2)
336
Minimum Frontage (m)
12.0
Minimum Building Line Setback
(m)
6.0
Maximum Building Line Setback
(m)
15.0
Minimum Side Yard (m)
3.0 and 0.0
Minimum Flanking Yard (m)
7.6m
Minimum Rear Yard (m)
6.0
Maximum Lot Coverage
33%
Maximum Building Height (m)
8.0
41 Topsail Pond Road
41 Topsail Pond Road
Section 9.11.5, Zone Standards, for a Single
Section 9.11.5, Zone Standards, for a Single
Dwelling applies, except for the Minimum
Dwelling applies, except for the Minimum
Building Line Setback.
Building Line Setback.
Minimum Building Line
Minimum Building Line
Setback (m)
Setback (m)
55
55
(2020-08-28)
(2020-08-28)
77
USE ZONES
1
2
3
4
5
6
7
8
9
8. Infill Development, St. Thomas Line
Developments and associated Accesses along St. Thomas Line shall be
evaluated against infill limits identified in Appendix C, and notwithstanding the
minimum Frontage requirement for this Use Zone, Council may:
a. Refuse a Development where construction of an Access would create a
safety hazard.
b. Require a larger minimum Lot Frontage for Development to ensure an
Access will not create a safety hazard.
9. Standards for Non-Residential Uses
For non-residential Uses, the standards of the Commercial Neighbourhood Use
Zone shall apply.
10. Standards for a Cluster Development (2023-04-21)
Standard
Single
Dwelling
Semi-
detached
Dwelling
Row
Dwelling
Multi-
unit
Minimum Lot Area (m2)
335
164per d. u.
140 per d. u.
90 per d u
Minimum Frontage (m)
20.0
Minimum Building Line Setback (m)
7.6
Minimum Side Yard (m)
6.0 m as oriented from the public Street
Minimum Flanking Street Side Yard
(m)
7.6
Minimum Rear Yard (m)
8.0 m as oriented from the public Street
Maximum Lot Coverage
45%
Maximum Height (m)
9.0
9.0
9.0
14.0
Landscaping (Minimum) Front Yard
Front Yard to a depth of 6.0 m, exclusive of any
access, must be landscaped.
Accessory Buildings (2024-07-05)
Refer to Section 4.2 Accessory Buildings
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TOWN OF PARADISE DEVELOPMENT REGULATIONS
USE ZONES
1
2
3
4
5
6
7
8
9
Single Dwelling
Semi Detached Dwelling
Min. Lot Area:
450m2
Min. Frontage:
15.25m
Min. Rear Yard: 8m
Building Line Setback:
7.6m-15m
Max. Lot Coverage: 45%
Max. Height: 9m
Min. Side Yard: 1.2m
Min. Side Yard: 2.4m
Min. Lot Area: 270m2
per dwelling unit
Min. Frontage:
9m per dwelling unit
Min. Rear Yard: 8m
Building Line Setback:
7.6m-15m
Max. Lot Coverage: 45%
Max. Height: 9m
Min. Side Yard: 2.4m
Min. Side Yard: 2.4m
79
USE ZONES
1
2
3
4
5
6
7
8
9
9.12
Residential High Density (RHD)
1.
Purpose
To recognize existing and proposed high density developments characterized by multi-unit
residential buildings, Duplexes, Semi-detached, and Row Dwellings.
2. Permitted Uses
The following Uses shall, subject to the requirements of these Regulations, be permitted:
-
Apartment Buildings
-
Assisted Living Residential Complex
-
Cluster Development (2023-04-21)
-
Family Child Care
-
Family and Group Care Centre (2022-04-29)
-
Home Office
-
Row Dwelling
-
Semi-detached Dwelling
-
Single-detached Dwelling
-
Subsidiary Apartment
-
Urban Agriculture
3. Discretionary Uses
The following Uses may be permitted, subject to the requirements of these Regulations:
-
Adult Day Care
-
Bed and Breakfast
-
Convenience Store (on ground floor of multi-unit building)
-
Daycare Centre
-
Educational
-
Home-Based Business
-
Office
-
Personal, Professional and Medical (up to 250 m2)
-
Telecommunications Towers
4. Zone Standards
Standard
Single
Dwelling
Semi-
detached
Dwelling
Row
Dwelling
Multi-unit
Minimum Lot Area (m2)
300
188 per d. u.
140 per d. u.
90 per d u
Minimum Frontage (m)
10.0
7.5 per d.u.
5.5 per d. u.
25.0
Minimum Building Line Setback (m)
6.0
6.0
6.0
6.0
Maximum Building Line Setback (m)
15.0
15.0
15.0
15.0
Minimum Side Yard (m)
1.2
1.2
2.4 (on end
unit)
6.0
Minimum Flanking Road Side Yard
(m)
7.6
7.6
7.6
7.6
Minimum Rear Yard (m)
8.0
8.0
8.0
8.0
Maximum Lot Coverage
50%
45%
55%
55%
Maximum Height (m) (2023-06-02)
9.0
9.0
10.0
17.0
Landscaping (Minimum) Front Yard
40%
20%
40%
Accessory Buildings (2024-07-05)
Refer to Section 4.2 Accessory Buildings
80
TOWN OF PARADISE DEVELOPMENT REGULATIONS
USE ZONES
1
2
3
4
5
6
7
8
9
5. Standards for Non-residential Uses
For non-residential Uses, the standards of the Commercial Neighbourhood Use Zone shall apply.
6. Standards for a Cluster Development (2023-04-21)
Standard
Single
Dwelling
Semi-
detached
Dwelling
Row
Dwelling
Multi-
unit
Minimum Lot Area (m2)
335
164per d. u.
140 per d. u.
90 per d u
Minimum Frontage (m)
20.0
Minimum Building Line Setback (m)
7.6
Minimum Side Yard (m)
6.0 m as oriented from the public Street
Minimum Flanking Street Side Yard
(m)
7.6
Minimum Rear Yard (m)
8.0 m as oriented from the public Street
Maximum Lot Coverage
55%
Maximum Height (m)
9.0
9.0
9.0
14.0
Landscaping (Minimum) Front Yard
Front Yard to a depth of 6.0 m, exclusive of any
access, must be landscaped.
Accessory Buildings (2024-07-05)
Refer to Section 4.2 Accessory Buildings
81
USE ZONES
1
2
3
4
5
6
7
8
9
Min. Lot Area:
300m2
Min. Frontage:
10m
Min. Rear Yard: 8m
Building Line Setback:
6m-15m
Max. Lot Coverage: 50%
Max. Height: 9m
Min. Side Yard: 1.2m
Min. Side Yard: 1.2m
Min. Lot Area: 188m2
per dwelling unit
Min. Frontage:
7.5m per dwelling
unit
Min. Rear Yard: 8m
Building Line Setback:
6m-15m
Max. Lot Coverage: 45%
Max. Height: 9m
Min. Side Yard: 1.2m
Min. Side Yard: 1.2m
Single Dwelling
Semi Detached Dwelling
82
TOWN OF PARADISE DEVELOPMENT REGULATIONS
USE ZONES
Row Dwelling
Multi-Unit Residential
1
2
3
4
5
6
7
8
9
Min. Lot Area: 140m2
per dwelling unit
Min. Frontage:
5.5m per dwelling
unit
Min. Rear Yard: 8m
Building Line Setback:
6m-15m
Max. Lot Coverage: 55%
Max. Height: 10m
Min. Side
Yard: 2.4m
Min. Side
Yard: 2.4m
Min. Lot Area: 90m2
per dwelling unit
Min. Frontage:
25m
Min. Rear Yard: 8m
Building Line Setback:
6m-15m
Max. Lot Coverage: 55%
Max. Height: 17m
Min. Side
Yard: 6m
Min. Side
Yard: 6m
83
USE ZONES
9.13
Residential Watershed (RWS)
1.
Purpose
To accommodate limited new serviced residential development in the Broad
Cove River Watershed.
2. Permitted Uses
-
Family and Group Care Centre (2022-04-29)
-
Home Office
-
Single-detached Dwelling
-
Subsidiary Apartment
3. Discretionary Uses
-
General Service
-
Home-Based Business in form of Medical, Professional, Personal
Service and Family Child Care only
-
Telecommunications Towers
4. Zone Standards
The following standards shall apply to Lots created for Single-detached
Dwellings:
Standard
Standard
Minimum Lot Area (m2)
580
Maximum Building Line
Setback (m)
15.0
Minimum Corner Lot
Area (m2)
700
Minimum Side Yard (m)
1.2 and 2.4
Minimum Frontage (m)
18.0
Minimum Flanking Road Side
Yard (m)
7.6
Minimum Frontage
Corner Lot (m)
23.0
Minimum Rear Yard (m)
9.0
Minimum Lot Depth (m)
32.0
Maximum Lot Coverage
33%
Maximum Lot
Development Area (m2)
700
Maximum Height (m) (2023-06-
02)
9.0
Accessory
Buildings
(2024-07-05)
Refer to Section 4.2 Accessory Buildings and the City of
St. John's and Paradise Watershed Agreement
(2022-03-25)
5. Watershed Agreement
Under the provisions of the Watershed Agreement in place between the Town
of Paradise and the City of St. John's, all development applications, including
request for Variances, will be referred to the City of St. John's for approval.
6. Street Extension Limits
Development will be permitted only along the frontage of Existing Streets.
New Streets will not be permitted, with the exception of a service road to
connect Hussey's Road, Kipawa Drive, Woodville Drive, and Janal's Road. No
new Development will be permitted along this service road. No Development
shall be permitted so as to require the extension of Streets indicated on maps in
Appendix D.
1
2
3
4
5
6
7
8
9
84
TOWN OF PARADISE DEVELOPMENT REGULATIONS
USE ZONES
9.14 Rural Residential (RR)
1.
Purpose
To provide opportunities for low-density, rural residential development where
piped services are not planned.
2. Permitted Uses
-
Home Office
-
Family Child Care
-
Family and Group Care Centre (2022-04-29)
-
Single-detached Dwelling
-
Subsidiary Apartment (2022-03-25)
-
Urban Agriculture
3. Discretionary Uses
-
Animal
-
Bed and Breakfast
-
General Service
-
Home-Based Business
-
Telecommunications Towers
4. Zone Standards
Standard
Single Dwelling
Minimum Lot Area (m2)
4050
Minimum Frontage (m)
45.0
35.0 For Stokes Road
Stokes Road, Three Island Pond Road,
Topsail Pond Road (north of Buckingham Drive,
Buckingham Drive (east of Topsail Pond Road),
Shalloway Place, Angel's Road, Dawe's Road,
Vanellen Place, and Hansen Place.
(2020-08-14)
(2020-08-14)
Building Line Setback (m)
7.6 to 45 conform generally with the Setback
distances of dwellings on adjoining Lots.
Building Line Setback Greater than
45 (m)
Discretion of Council
Minimum Side Yard (m)
1.2/2.4
Minimum Flanking Road Side Yard
(m)
7.6
Minimum Rear Yard (m)
9.0
Maximum Height (m)
9.0 (2023-06-02)
Accessory Buildings (2024-07-05)
Refer to Section 4.2 Accessory Buildings
1
2
3
4
5
6
7
8
9
10
1
2
3
4
5
6
7
8
9
85
USE ZONES
1
2
3
4
5
6
7
8
9
9.15
Rural Residential Conservation (RRC)
1.
Purpose
Intended for residential developments consistent with principles of
conservation design to preserve open spaces, natural and scenic features.
2. Permitted Uses
-
Family Child Care
-
Family and Group Care Centre (2022-04-29)
-
Home Office
-
Single-detached Dwelling
-
Urban Agriculture
3. Discretionary Uses
-
Animal
-
Bed and Breakfast
-
Home-Based Business
-
Telecommunications Towers
4. Zone Standards
Standard
Single Dwelling
Minimum Building Line Setback (m)
7.6
Maximum Building Line Setback (m)
30.0
Minimum Side Yard (m)
3.0
Minimum Flanking Road Side Yard (m)
7.6
Minimum Rear Yard (m)
9.0
Maximum Height (m)
10.0
Accessory Buildings (2024-07-05)
Refer to Section
4.2 Accessory
Buildings
5. Lot Size and Density
Residential Subdivision Development within this Zone shall meet the following
requirements:
a. Consist of a minimum of fourteen (14) residential Lots.
b. Have a maximum density of 1 unit per 4050 square meters calculated
over the total area of the property proposed for Development.
c. A maximum density of 1 unit per 3000 square meters (calculated over
the total area of Land proposed for Development) may be permitted
where 40% of the Land proposed for the Development will be retained
as conservation Lands in the conservation design subdivision.
86
TOWN OF PARADISE DEVELOPMENT REGULATIONS
USE ZONES
1
2
3
4
5
6
7
8
9
6. Application Requirements
In addition to the requirements of Section 6 Subdivision of Land, applications for
conservation design subdivisions will be considered according to the following
two-stage process:
Stage 1 Preliminary Site Assessment
In addition to the information required for applications for Subdivision
Development in Section 6 applicants will be required to assess the parcel(s) of
Land proposed for Development and identify areas within it for conservation
where Development should be avoided. The assessment shall identify the
following primary conservation features of the site:
a. Wetlands and watercourses.
b. Rock outcroppings.
c. Agricultural soils/previous agricultural cultivation.
d. Groundwater recharge areas.
It shall also assess and identify :
a. Scenic views from within and onto the site from the surrounding area
illustrated through maps and photographs.
b. Areas of mature forest.
c. Existing and proposed trail networks, rights of way or traditional
pathways.
Submissions of proposals for Development shall be accompanied by:
a. A Letter of Intent stating the rationale for the proposed Development,
total ha of the site and total ha of potential development area.
b. A map of the property showing the conservation features and the
potential development areas proposed for Development.
c. Preliminary proposed sewage treatment system and identification of
soils and other conditions capable of supporting the proposed system.
d. The results of a Level 1 Groundwater Assessment Report prepared in
accordance with the Department of Municipal Affairs and Environment
Groundwater Supply Assessment and Reporting Guidelines for
Subdivisions Serviced by Individual Private Wells.
Traditional Large Lot Residential
Development
Conservation Design Residential
Development
87
USE ZONES
1
2
3
4
5
6
7
8
9
10
1
2
3
4
5
6
7
8
9
Council may require a site meeting to review the site, the areas identified for conservation and
for Development, and require refinement of the preliminary site plan information.
Stage 2 Conceptual Design
Using the information from Stage I, a concept plan for the Development will be required that
includes:
a. The location and type of proposed Land Uses.
b. Total ha of the site, total ha of development area and number of Dwelling Units.
c. Proposed Frontage, and Front, Side and Rear Yard Setbacks for each Lot/Unit.
d. Where all Land is to remain in private ownership, the area of disturbance (not to exceed
20% per Lot) for each Lot/Unit including areas for grading, lawns, pavement, Buildings
and septic system areas.
e. The proposed locations of communal or individual septic system areas.
f.
Total hectares and location of areas to be retained as conservation areas and a
breakdown of total ha to be retained in non-municipal ownership.
g. Proposed trails or trail networks.
The application shall include
a. A Level 2 Groundwater assessment report prepared in accordance with Department
of Municipal Affairs and Environment Groundwater Supply Assessment and Reporting
Guidelines for Subdivisions Serviced by Individual Private Wells.
b. Proposed sewage treatment system prepared with sufficient level of information to
determine if it is feasible to service the Development.
c. A stormwater management plan.
d. A maintenance plan for long term care of wells and septic systems or for any
communal system not managed by a condominium Corporation pursuant to the
Condominium Act.
e. Conservation Space Management Plan for the long-term management of the
conservation areas.
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9.16
Residential Subdivision Area (RSA)
1.
Purpose
To identify areas for future planned residential development.
2. Permitted Uses
-
Continuation of Existing Uses
3. Discretionary Uses
-
Mineral Exploration
4. Conditions
Existing Uses shall be permitted to continue. With the exception of rural Uses
such as Agriculture and Forestry Uses involving wood harvesting or silviculture,
or the use of Land for the growing of crops or for pasture, Existing Uses shall not
be permitted to expand, including the expansion of Existing Buildings. Existing
Buildings may be replaced provided the replacement does not result in an
increase in the size of the Building.
5. Subdivision Development Plan
Development of Lands within this Zone are subject to the following
requirements:
a. Submission of a proposed Subdivision development plan prepared in
accordance with the policies of the Municipal Plan and Section 6 of these
Regulations pertaining to Subdivision of Land; and
b. Rezoning of the Lands to an appropriate residential Use Zone or Zones.
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USE ZONES
9.17
Planned Mixed Development (Residential) (PMDR)
Octagon Pond Development Area
1.
Purpose
To provide for creation of mixed-use residential neighbourhoods in the Octagon
Pond Development Area with a variety of building forms, public spaces and
commercial services. The Zone provides for Development in accordance with an
approved development plan and subject to terms and conditions set out in a
Development Agreement.
2. Permitted Uses
Any Land, Building or structure may be used for the following purposes in this
Zone in accordance with a development plan approved by Council:
-
Residential Use - a mixture of residential form is required
-
Office and Commercial Use
-
Institutional or Public Use
-
Uses permitted in all Use Zones
-
Uses set out in the approved development plan
3. Discretionary Uses
-
Home-Based Business
-
Lounge
-
Uses set out in the approved development plan
4. Zone Standards
Residential Development within a Planned Mixed Development Zone shall:
a. Consist of a mix of residential Lots, building forms, Uses and tenures.
The intent for Development is to create a mix of residential forms that
includes Single-detached, Semi-detached, Duplex, Row Dwellings and
apartment buildings, with a smaller percentage of Single Dwelling Units,
compared to the number of Dwelling Units in Semi-detached, Row
Dwellings and apartment buildings.
b. Residential forms may be varied within Street blocks, or grouped within
an overall Development around natural or planned amenity features
such as open spaces, natural areas and pedestrian pathways.
c. Plans for Lands in this Zone may include areas for commercial and
residential Uses and building forms along Collector Streets at identified
neighbourhood commercial nodes/intersections identified in the
approved plan. Commercial Buildings may incorporate multi-unit
residential Use above ground-floor commercial space, and housing forms
may be designed to include live/work spaces.
d. Building sites for public and institutional Uses may be incorporated into
development proposals where the scale of the Development would
create a requirement for public Uses such as schools and recreation
facilities.
e. Parks and open space shall be planned to be centrally located and
connected to surrounding residential Uses by Streets, sidewalks and
pathways.
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5. Single, Semi-detached and Row Dwelling Development Standards
The following standards apply within a Planned Residential Mixed Development:
Standard
Single
Dwelling
Semi-detached
Dwelling
Row Dwelling
Minimum Lot Area (m2)
335
164 per d.u.
164 per d.u.
Minimum Lot Frontage
(m)
11.0
6 m per d.u.
6 per d.u.
Minimum Building Line
(m)
7.6
7.6
7.6
Minimum Rear Yard (m)
8.0
8.0
8.0
Minimum Side Yard (m)
1.2 and 2.4
1.8 , 0.0 common Lot
Line
2.4 , 0.0 common
Lot Line
Side Yard on a Flanking
Street (m)
7.6
7.6
7.6
Maximum Building
Height (m)
9.0
9.0
9.0
Maximum Lot Coverage
(m)
45%
45%
45%
Accessory
Buildings
(2024-07-05)
Refer to Section 4.2 Accessory Buildings
6. Row Dwelling Cluster
Row Dwellings may also be developed in a cluster of several Buildings with
grouped vehicular parking and private access. Such Development shall meet
the following minimum standards:
Standard Apartment Buildings
Lot Area (min)
554 m2
Lot Frontage (min)
18.2 m
Lot Coverage (min)
45%
Accessory Buildings (2024-07-
05)
Refer to Section 4.2 Accessory Buildings
A Row Dwelling shall not contain more than six (6) Dwelling Units without at
least one (1) offset in the wall and roofline to a minimum depth of 0.6 m to a
maximum of ten (10) Dwelling Units within the Row Dwelling.
7. Apartment Buildings
The following standards will apply to multi-unit residential buildings within a
Planned Residential Mixed Development
Standard
Apartment Buildings
Minimum Lot Area (m2)
554
Minimum Lot Frontage (m)
18.2
Minimum Building Line (m)
4.5
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Minimum Rear Yard (m)
8.0
Minimum Side Yard (m)
1.5 for ground level storey and 1.0 per storey above
ground level storey
Side Yard on a Flanking Street (m)
7.6
Maximum Building Height (m)
17.0
Maximum Lot Coverage
45%
Maximum Density
60 units per building
Accessory Buildings (2024-07-
05)
Refer to Section 4.2 Accessory Buildings
8. Neighbourhood Commercial Development Design Principles
Neighbourhood Commercial Development within this Zone shall incorporate
the following design principles:
a. They are placed within an overall development plan on or at intersections
of Collector Streets.
b. The design provides convenient and safe accommodation for pedestrians
and bicyclists, with vehicle parking areas designed in accordance with
the Town's Urban Design Guidelines.
c. Buildings facing a Street or surrounding a square or plaza must be
located so that Building walls that will face the Street, square or plaza will
have at least 25% of their primary façade, including at least 40% of the
ground storey's primary façade, in transparent windows.
d. Diversity, not homogeneity, with a variety of Building types, and Land
Uses providing for people of all ages and forms of mobility.
e. Minimum standards for commercial Uses:
Minimum Lot Area
277 m2
Minimum Lot Frontage
9 m
Minimum Building Line
6 m
Minimum Rear Yard
4.5 m
Minimum Side Yard
4.5 m
Maximum Lot Coverage
45%
Maximum Building height
9 m
9. Design of Streets and Blocks
Streets within a PMDR Zone must:
a. Provide a highly interconnected network, accommodate existing or
anticipated public transit.
b. Must be designed for speeds that ensure that pedestrian safety is a
priority.
c. The proposed Street network must extend into adjoining areas except
where the general infill goal of integration with surrounding Uses is
deemed inappropriate for a particular infill site. In such cases, street stubs
must be provided to adjoining undeveloped areas to accommodate
future Street connectivity.
d. Streets do not have to form a rectangular grid, they may be curved or
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bent but must connect to other Streets.
e. Street networks should respect topography and any environmental
resources such as waterbodies, and be designed to avoid damage to such
resources.
f.
Sidewalks must be provided on both sides of all Streets.
g. Cul-de-sacs are not permitted except where physical conditions such as
highways, sensitive natural resources, or unusual topography provide no
practical connection alternatives.
h. All Streets must be publicly dedicated. Private Streets and closed off
gated Streets are prohibited.
i.
Street cross-sections must be designed in accordance with the Town's
Street Design Standards appropriate to the class of Street proposed.
10. Parks and Open Spaces
Within a Residential Planned Mixed Development Zone, parks and open spaces
may be planned to encompass a natural feature, be integrated with adjacent
parks, open spaces, recreation facilities, or, where such features are not available,
to be centrally located within the Development. Neighbourhood community
space may be in the form of parks containing playgrounds, multi-purpose
playing fields, Community Gardens, stormwater management areas, or natural
areas worthy of preservation.
Within a Residential Planned Mixed Development Zone, public Amenity
Space shall be located in one (1) or more locations such that it is within a 10
minute walk (800m) of all residential units within the development area unless
otherwise approved by Council.
11. Development Proposals
Council may specify such plans or studies necessary to be included in support
of a development proposal which may include, but not limited to, context, site,
Building, elevation, landscaping, grading, servicing, storm water and traffic.
12. Approval Process
a. Development shall be in accordance with a plan, approved by Council.
b. Changes to an approved development plan may be considered that
include:
i.
A change in the proposed building forms within the area included in
the development plan.
ii.
The location of commercial and open space sites within a
Development.
iii. The size and shape of Buildings on Lots, provided the minimum
development standards set out in this Zone continue to be met.
c. Where a Development has commenced and a change is proposed that
would affect developed residential properties within the development
area, Council will require a public notice and consideration of public
input prior to approving the proposed change.
d. Changes to a development plan shall not reduce the overall mix of
dwelling types within the area included in the approved development
plan.
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USE ZONES
9.18 Residential Mixed (RM)
1.
Purpose
To recognize areas along Topsail and Paradise Roads where there is a mix of
residential and commercial Uses.
2. Permitted Uses
-
Duplex Dwelling
-
Family Child Care
-
Family and Group Care Centre (2022-04-29)
-
Home Office
-
Semi-detached Dwelling
-
Single-detached Dwelling
-
Subsidiary Apartment
-
Urban Agriculture
3. Discretionary Uses
-
Apartment Building
-
Assisted Living Residential Complex
-
Boarding House
-
Cluster Development (2023-04-21)
-
Commercial Agriculture
-
Commercial Greenhouse
-
Convenience Store
-
Daycare Centre
-
Home-Based Business
-
Light and General Industry (limited to Existing Uses)
-
Office
-
Personal, Professional and Medical Service
-
Place of Worship
-
Restaurant
-
Retail Store
-
Row Dwelling
-
Take-Out Food Service
-
Taxi Stand
-
Telecommunications Towers
4. Prohibited Uses
-
Lounge
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5. Zone Standards
Standard
Single
Dwelling
Semi-
detached
Dwelling
Row
Dwelling
Apartment
Building
Minimum Lot Area (m2)
450
270 per d.u.
180 per d.u.
140 per d u.
Minimum Frontage (m)
15.25
9.0 per d.u.
6.0 per d.u.
25
Minimum Building Line Setback (m)
7.6
7.6
7.6
7.6
Maximum Building Line Setback (m)
15.0
15.0
15.0
15.0
Minimum Side Yard (m)
1.2/2.4
2.4
3.0
3
Minimum Flanking Road Side Yard
(m)
7.6
Minimum Rear Yard (m)
9.0
Maximum Lot Coverage
33%
Maximum Height (m)
9.0
Accessory Buildings (2024-07-05)
Refer to Section 4.2 Accessory Buildings
6. Standards for Non-Residential Uses
For non-residential Uses, the standards of the Commercial Neighbourhood Use
Zone shall apply.
7. Standards for a Cluster Development (2023-04-21)
Standard
Single
Dwelling
Semi-
detached
Dwelling
Row
Dwelling
Multi-
unit
Minimum Lot Area (m2)
335
164per d. u.
140 per d. u.
90 per d u
Minimum Frontage (m)
20.0
Minimum Building Line Setback (m)
7.6
Minimum Side Yard (m)
6.0 m as oriented from the public Street
Minimum Flanking Street Side Yard
(m)
7.6
Minimum Rear Yard (m)
8.0 m as oriented from the public Street
Maximum Lot Coverage
45%
Maximum Height (m)
9.0
9.0
9.0
14.0
Landscaping (Minimum) Front Yard
Front Yard to a depth of 6.0 m, exclusive of any
access, must be landscaped.
Accessory Buildings (2024-07-05)
Refer to Section 4.2 Accessory Buildings
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USE ZONES
9.19
Residential Mini Home (RMH)
1.
Purpose
To recognize the existing mobile home parks in Paradise and provide for change
as buildings are converted or replaced with new construction or Mini Homes.
2. Permitted Uses
-
Family Child Care
-
Home Office
-
Single-detached Dwelling
-
Mini Home (Single Dwelling)
-
Subsidiary Apartment (2025-01-10)
3. Discretionary Uses
-
Family and Group Care Centre (2022-04-29)
-
Home-Based Business
-
Telecommunications Towers
-
Two-Unit Dwellings
4. Prohibited Uses (2025-01-10)
-
Subsidiary Apartment
5. Zone Standards
Standard
Single Dwelling
Minimum Lot Area (m2)
336
Minimum Frontage (m)
12.0
Minimum Building Line Set Back (m)
3.65
Maximum Building Line Set Back (m)
15.0
Minimum Side Yard (m)
1.2/3.65
Minimum Flanking Road Side Yard (m)
7.6
Minimum Rear Yard (m)
3.65
Maximum Lot Coverage
33%
Maximum Height (m)
8.0
Accessory Buildings (2024-07-05)
Refer to Section 4.2 Accessory
Buildings
6. Two-unit Dwellings
Not more than 10% of the Mobile Home units in the Elizabeth Park residential
Subdivision shall be two Dwelling Unit mobile homes.
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10
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9.20 Planned Mixed Development (Commercial) (PMDC)
1.
Purpose
To implement policies of the Municipal Plan by providing opportunities for
creative urban designs for commercial mixed Development.
2. Permitted Uses
Any Land, Building or structure may be used for the following purposes in this
Zone in accordance with a development plan approved by Council:
-
Office or Commercial Use
-
Public Use Residential Use
-
Uses set out in the approved development plan
3. Discretionary Uses
-
Uses set out in the approved development plan
4. Land Use Mix
Development within a Planned Commercial Mixed Development Zone shall:
a. Consist of a mix of Lots, building forms, Uses and tenures.
b. The mix of Use may occur:
i.
As a range of compatible Uses co-located within a Building with
retail Uses at ground level, residential and office Uses above ground
level floor. Ground level floors may accommodate residential and
office Uses, but Buildings shall be designed to facilitate conversion to
commercial Use at ground level;
ii.
Within an overall development plan consisting of stand-alone multi-
unit residential Buildings and grouped commercial and office
Buildings;
iii. As a combination of i and ii.
c. The Land Use mix shall be predominantly for commercial, office and
retail Uses.
d. Public Uses, in the form of cultural and civic Buildings and spaces, may
also be included in the Land Use mix.
e. The Land Use mix shall include sufficient Amenity Space to support the
commercial and residential components of the overall Development and
meet the requirements for public open space specified in Section 6.8 of
these Regulations.
5. Design Principles
Proposals for Development in the Commercial Planned Mixed Development
Zone shall demonstrate:
a. Connectivity to surrounding Land Uses through Street connections,
sidewalks, pathways.
b. A high level of interconnected pathways, internal to the Development,
that provides convenient routes for pedestrians and cyclists.
c. High-quality public spaces, with the principle facade of Buildings
including main entrances and windows, face the Street, plaza, square or
park.
d. Diversity, not homogeneity, with a variety of Building types, Street types,
open spaces and Land Uses providing for people of all ages and forms of
mobility.
e. A high quality of Landscaping throughout the Development, designed
to enhance the visual quality of Streets, squares, parks and plazas, and is
used to effectively separate and screen above-ground parking areas.
f.
Designs should consider and identify areas for snow storage within the
Development.
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6. Design of Streets and Blocks
Streets proposed within a Commercial PMD Zone must:
a. Provide a highly interconnected network, accommodate existing or
anticipated public transit.
b. Must be designed for speeds that ensure that pedestrian safety is a
priority.
c. The proposed Street network must extend into adjoining areas except
where the general infill goal of integration with surrounding Uses is
deemed inappropriate for a particular infill site. In such cases, street stubs
must be provided to adjoining undeveloped areas to accommodate
future Street connectivity.
d. Streets do not have to form a rectangular grid, they may be curved or
bent but must connect to other Streets.
e. Street networks should respect topography and any environmental
resources such as waterbodies, and be designed to avoid damage to such
resources.
f.
Dead-end Streets are not permitted except where physical conditions
such as highways, sensitive natural resources, or unusual topography
provide no practical connection alternatives.
g. Show Street cross-sections designed in accordance with the Town's
Urban Design Guidelines appropriate to the class of Street proposed.
7. Off-Street Parking
Mixed-use Developments must provide off-street parking, proximity to existing
or future public transit, sidewalks on all Streets, and a mix of compatible Land
Uses that can share parking spaces. A reduction in the number of parking spaces
required in Section 8.2 may be considered in accordance with Section 8.5 and a
development plan approved by Council.
8. Location of Off-Street Parking
To the extent that is possible and practicable, off-street parking spaces shall
be sited to reduce the visibility of parking areas from public Streets through
a combination of placement within a Development, Landscaping and shared
parking space. Parking areas shall be planned so that they are located within
Buildings or behind Buildings. Proposals for Development in a Commercial
Planned Mixed Development Zone shall generally avoid parking located in the
street Yard in front of a Building.
9. Civic Spaces
Civic spaces within a Commercial Planned Mixed Development Zone shall be
planned so as to provide separation from adjoining Land Uses. Such areas may
include playgrounds, Community Gardens, stormwater management areas, or
natural areas worthy of preservation.
Buildings surrounding a square or plaza must be located so that Building walls
that will face the square or plaza will have at least 25% of their primary façade,
including at least 40% of the ground storey's primary façade, in transparent
windows. Civic Space Lots must be designed, landscaped and furnished to
facilitate and encourage public Use. Unless otherwise approved by Council,
Buildings with false ground floor window designs facing Streets, squares, plazas
or park shall not be permitted.
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10. Development Proposals
Council may specify such plans or studies necessary to be included in support
of a development proposal which may include, but not limited to, context, site,
Building, elevation, landscaping, grading, servicing, storm water and traffic.
11. Approval Process
a. Proposals for Development within a Commercial Planned Mixed
Development Zone or portion thereof, shall be subject to an
amendment to this document that will allow a rezoning of the area
and incorporation of the approved development plan as part of these
Regulations. (2025-06-20)
b. Standards for Development shall be in accordance with the approved
plan.
c. Changes to an approved development plan may be considered that
include:
i.
A change in the proposed building forms within the area included in
the development plan;
ii.
The location of commercial, residential and open space sites within
the approved Development; and
iii. The size and shape of Buildings on Lots, provided the minimum
development standards, approved for the Development in the Zone
continue to be met;
d. Where a Development has commenced and a change is proposed that
would affect developed residential properties within the development
area, Council will require a public notice and consideration of public
input prior to approving the proposed change.
e. Changes to a development plan that reduce the overall mix of Buildings
and Uses that are not consistent with the intent of the Municipal Plan
or the Planned Mixed Development (Commercial) Zone, within the area
included in the approved development plan shall not be approved.
12. List of Approved Development Plans (2024-01-05)
The following is a list of approved development plans, the details of which
can be found in the appendix section.
-
Appendix H: Market Ridge Commercial/Residential Development
Plan
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USE ZONES
9.21
Commercial General (CG)
1.
Purpose
To recognize existing commercial sites and facilitate the Development of new commercial
and retail services.
2. Permitted Uses
- -
Child Care
Child Care (2020-02-21)
(2020-02-21)
-
Civic and Cultural
-
Convenience Store
-
Funeral Home
-
General Assembly
-
General Services
-
Health and Fitness Facility
-
Hotels
-
Indoor Assembly
-
Indoor Market
-
Multi-Unit Residential (above first floor Commercial)
-
Office
-
Personal, Professional, Medical Service
-
Place of Worship
-
Restaurant
-
Retail Store
-
Shopping Centre
-
Take-Out Food Service
-
Theatre
-
Veterinary Clinic
3. Discretionary Uses
-
Automotive Sales and Service
-
General Garages
-
Light Industry
-
Lounge
-
Outdoor Market
-
Service Station
-
Taxi Stand
-
Telecommunications Towers
4. Zone Standards
Standard
All Uses
Minimum Building Line Setback (m)
10.0
Minimum Side Yard (m)
5.0 and 2.4
Minimum Rear Yard (m)
10.0
Minimum Flanking Road Side Yard (m)
10.0
Maximum Height (m)
17.0
Greater than 17.0 at the discretion of
Council
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9.22 Commercial Main Street (CM)
1.
Purpose
To identify sections along Topsail Road where there is a concentration of
commercial, light industrial, office, retail and service Uses as a focus for main
street improvement and redevelopment.
2. Permitted Uses
-
Child Care
-
Convenience Store
-
Cultural and Civic
-
Educational
-
Funeral Home
-
General Service
-
Health and Fitness Facility
-
Indoor Assembly
-
Indoor Market
-
Medical, Professional and Personal Service
-
Multi-Unit residential (above main floor Commercial)
-
Office
-
Places of Worship
-
Restaurant (no Drive-Through)
-
Retail Store
-
Service Station
-
Single-detached Dwelling (Existing)
-
Take-Out Food Service (no Drive-Through)
-
Veterinary Clinic
3. Discretionary Uses
-
Apartment Building
-
Automotive Sales
-
Boarding House
-
Cluster Development (2023-04-21)
-
General Assembly
-
General Garages
-
Home-Based Business
-
Hotel
-
Light Industry
-
Lounge
-
Outdoor Market
-
Recreational Open Space (Commercial)
-
Restaurant (Drive-Through)
-
Take-out (Drive-Through)
-
Taxi Stand
-
Telecommunications Towers
-
Theatre
4. Zone Standards
Standard
All Uses
Minimum Building Line Setback (m)
6.0
Minimum Side Yard (m)
5.0 and 3.0
Minimum Rear Yard (m)
10.0
Minimum Flanking Road Side Yard (m)
10.0
Maximum Height (m)
17.0
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5
6
7
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9
10
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5. Cluster Development, Apartment Buildings and Single-detached Dwellings
(2023-04-21)
Development standards for a Cluster Development and Apartment Buildings
(Multi-unit) shall be the same as those set out in the Residential High Density Use
Zone. Development standards for Single-detached Dwellings (existing) shall be the
same as those set out in the Residential Medium Density Use Zone.
6. Topsail Road Access
Access to Development from Topsail Road shall be limited. Where possible, new
Development will contribute to a reduction or consolidation of Accesses.
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9.23 Commercial Neighbourhood (CN)
1.
Purpose
To identify sites for commercial services close to residential neighbourhoods
that cater to local needs.
2. Permitted Uses
-
Child Care
-
Convenience Store
-
Medical, Professional and Personal Service
-
Office
-
Public Buildings
-
Restaurant (no Drive-Through)
-
Retail Store
-
Take-Out Food Service (no Drive-Through)
3. Discretionary Uses
-
General Service
-
Health and Fitness Facility
-
Lounge
-
Outdoor Market
-
Place of Worship
-
Residential (above main floor Commercial)
-
Restaurant (Drive-Through)
-
Service Station
-
Take-Out Food Service (Drive-Through)
-
Taxi Stand
-
Telecommunications Towers
4. Zone Standards
Standard
All Uses
Minimum Building Line Setback (m)
8.0
Minimum Side Yard (m)
5.0 and 2.4
Minimum Rear Yard (m)
8.0
Maximum Height (m)
9.0
Access
1-2, From a Collector Street only
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5
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7
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9.24 Commercial Light Industrial (C/LI)
1.
Purpose
To provide Lands for a mix of commercial and light industrial Buildings and Uses.
2. Permitted Uses
-
Communications
-
Convenience Store
-
General Assembly
-
General Service
-
Indoor Assembly
-
Indoor Market
-
Light Industry
-
Medical and Professional Service
-
Office
-
Personal Service
-
Public Buildings
-
Restaurants
-
Retail Store
-
Service Station
-
Shopping Centre
-
Take-Out Food Service
-
Taxi Stand
-
Veterinary Clinic
3. Discretionary Uses
-
Automotive Sales
-
Lounge
-
Daycare Centre
-
Club and Lodge
-
Cultural and Civic
-
Educational
-
Funeral Home
-
General Industry
-
Health and Fitness Facility
-
Hotel
-
Outdoor Market
-
Passenger Assembly
-
Place of Worship
-
Theatre
-
Telecommunications Towers
4. Zone Standards
Standard
All Uses
Minimum Building Line Setback (m)
8.0
Minimum Side Yard (m)
5.0
Minimum Rear Yard (m)
10.0
Maximum Height (m)
17.0
Office Buildings subject to Condition 5
Greater than 17m subject to LUAR and conditions.
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USE ZONES
5. Office Buildings
Office Buildings or mixed-use office complexes, where proposed at heights that
exceed 17 m, may be permitted in accordance with the following conditions:
a. That the Development can be serviced from the existing municipal water
system to ensure adequate fire flows.
b. That there is adequate capacity in the municipal sewer system to
accommodate the proposed office Use.
c. That the Building Height will not negatively affect adjoining properties
and Uses, including a residential property, neighbourhood, or Use
Zone as a result of shading/shadowing. Increased Building Setbacks or
alterations to Building design may be required where the height above
14m to address identified impacts; and
d. A traffic impact assessment is undertaken to ensure adequate capacity
in the existing road network to handle anticipated traffic volumes
and identify any upgrades or improvements that are needed to
accommodate the predicted traffic volume.
6. Business Parks
Business parks in the form of corporate office complexes shall meet the
following conditions:
a. Submission and approval of a comprehensive site plan.
b. That the Development demonstrate a high standard of urban design
in Buildings, Landscaping, parking areas and structures, and their
relationship to each other. In this regard, where multiple Buildings are
proposed on a parcel that are part of an approved site development plan,
the Yard requirements for each Building shall be in accordance to the
approved site development plan.
c. Site design minimizes environmental impacts and incorporates natural
features and topography into overall site design.
d. Stormwater within the Development is managed in accordance with an
approved stormwater management plan; and
e. A traffic impact assessment is carried out to determine the impact
anticipated traffic volumes from the Development on the existing road
network to upgrades or improvements that are needed to accommodate
predicted traffic volumes.
7. Water and Sewer Services (2022-07-15)
a. Municipal Services
On streets services with municipal water and sewer services,
Development must connect to these services.
b. On-Site Services
Applications for Development in areas not yet accessible to
municipal water or sewer services and include the extension to
an Existing Street or new Street(s) may be approved for on-site
services, subject to the following conditions:
i.
Site is located southwest of McNamara Drive and Bremigens
Boulevard;
ii. On-site services must comply with Section 4.17 of the
Development Regulations;
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USE ZONES
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iii. Development must be designed to be connected to
municipal services to the satisfaction of the Town Engineer
and Council;
iv. Approval of unserviced industrial or commercial
development will be subject to the issuance of a permit
from the Water Resources Management Division for a non-
domestic well pursuant to Section 58 of the Water Resources
Act, 2002;
v. Minimum Lot size of one (1) acre is required;
vi. Once a connection to municipal water or sewer services is
possible, the connection must be completed within one (1)
year.
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USE ZONES
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9.25 Industrial General (IG)
1.
Purpose
Lands designated Industrial are intended to accommodate industrial Uses,
including Light and General Industry.
2. Permitted Uses
-
General Industry
-
Light Industry
-
Office
-
Service Station
-
Transportation
3. Discretionary Uses
-
Commercial Greenhouse and Hydroponics
-
Convenience Store
-
General Assembly
-
Hazardous Industry
-
Health and Fitness Facility
-
Lounge (2022-10-14)
-
Outdoor Market
-
Restaurant (2022-10-14)
-
Retail Store
-
Scrap Yard
-
Take-Out Food Service
-
Telecommunications Towers
4. Zone Standards
Standard
All Uses
Minimum Building Line Setback (m)
8.0
Minimum Side Yard (m)
3.0
Minimum Rear Yard (m)
10.0
Maximum Height (m)
24.0
5. Open Storage
Open storage of goods and machinery shall be located in the Rear Yard, and
screened from the Street and adjoining properties by a fence, no less than 2.0 m
in height, constructed to Council's specifications.
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USE ZONES
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9.26 Public Use (PU)
1.
Purpose
To accommodate the need for institutional Lands for municipal Buildings and
facilities, places of worship and schools.
2. Permitted Uses
-
Collective Residential
-
Cultural and Civic
-
Educational
-
General Assembly
-
Medical treatment and Special Care
-
Place of Worship
-
3. Discretionary Uses
-
Cemetery
-
Daycare Centre (Accessory Use only)
-
Club and Lodge (Accessory Use only)
-
Indoor Assembly
-
Telecommunications Towers
4. Zone Standards
Standard
All Uses
Minimum Building Line Setback (m)
8.0
Minimum Side Yard (m)
5.0 & 2.4
Minimum Rear Yard (m)
10.0
Minimum Flanking Road Side Yard (m)
10.0
Maximum Height (m)
17.0
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USE ZONES
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2
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9.27 Open Space/Recreation (OSR)
1.
Purpose
To identify Lands for parks and recreation.
2. Permitted Uses
-
Arenas
-
Conservation
-
Cultural and Civic
-
Parks
-
Playing Fields
3. Discretionary Uses
-
Catering (Accessory Use only)
-
Child Care (Accessory Use only)
-
General Assembly
-
Indoor Assembly
-
Outdoor Assembly
-
Telecommunications Towers
4. Zone Standards
Standard
All Uses
As determined by Council.
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9.28 Open Space/Buffer (OSB)
1.
Purpose
To separate conflicting Land Uses and provide natural buffers for amenity value
along the T'Railway.
2. Permitted Uses
-
Conservation
-
Continuation of Existing Uses
3. Discretionary Uses
-
Recreational Open Space
-
Temporary parking/storage - Non-Building Uses (See Condition 5)
-
Telecommunications Towers
4. Zone Standards
Standard
All Uses
As determined by Council.
5. Non-Building Uses
Lands within the Open Space Buffer around the City Sand and Gravel quarry,
may be used for non-building purposes subject to the following conditions:
a. The Uses may include the temporary parking or storage of goods and
materials associated with commercial Uses fronting on Topsail Road.
b. The Use does not occupy an area any greater than 1 ha, and be no closer
than 200 m from the quarry face.
c. The area associated with the temporary Use may be required to be
moved/removed to ensure compliance with Subsection (b).
d. The Town shall not be held liable for any damage to property parked or
stored in the Open Space Buffer.
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USE ZONES
9.29 Conservation (CON)
1.
Purpose
To provide a natural buffer around streams, ponds, Wetlands and areas of known
hazard.
2. Permitted Uses
-
Conservation
-
Home Office (existing dwellings)
-
Maintenance and operation of existing uses
3. Discretionary Uses
-
Boathouses
-
Docks and Wharves
-
Residential Accessory Buildings
-
Recreation Open Space Uses (walking trails)
-
Telecommunications Towers
4. Zone Standards
Standard
All Uses
As determined by Council.
5. East Coast Trail
The East Coast Trail Association are developing a world class hiking trail along
the coastline of Conception Bay as part of a larger coastal trail system. Council
shall ensure that an undisturbed natural buffer is maintained along the trail to
protect the natural landscape and views from the trial, and to ensure that future
Development does not negatively impact the trail.
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USE ZONES
9.30 Rural (RUR)
1.
Purpose
To identify and retain Lands not required for urban Use and Development.
To control access to major arterial road ROWs and highway interchanges.
2. Permitted Uses
-
Agriculture
-
Conservation
-
General Industry (Accessory Uses Only)
-
Light Industry (Accessory Uses Only)
-
Mineral Exploration
3. Discretionary Uses
-
Animal
-
Forestry
-
Mineral Working
-
Telecommunications Towers
4. Zone Standards
Standard
All Uses
As determined by Council.
5. Provincial Highway Right-of-Way
Only those Uses necessary for the functioning of the highways shall be permitted
within the right-of-way of the Trans Canada Highway, Outer Ring Road subject to
Section 4.25.
6. Landscaping and Screening
Open storage of goods and machinery shall be limited to Rear Yards, and
screened from the Street and adjoining properties by a fence, no less than 2.0 m
in height, constructed to Council's specifications.
7. Mineral Workings
Mineral Working activities shall be subject to the terms and conditions for
Development, operation and rehabilitation included in permits and approvals
issued by provincial government agencies, including a quarry permit or quarry
lease issued under the Quarry Materials Act, 1998.
8. Industrial Uses
Uses that are accessory to an approved Industrial Use, shall meet the following
requirements:
a. The Land forms part of, or is adjacent a property containing an approved
industrial Use.
b. The approved industrial Use is located in a Zone appropriate to that Use.
c. The Accessory Use is limited to activities such as outdoor storage and
parking.
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9.31
Quarry (Q)
1.
Purpose
To identify existing City Sand and Gravel quarry operations.
2. Permitted Uses
-
Quarry
3. Discretionary Uses
-
General Industry
-
Light Industry
-
Telecommunications Towers
4. Zone Standard
Standard
All Uses
As determined by Council.
5. Quarry Licences and Permits
a. Quarries shall be operated in accordance the terms and conditions of a
licence issued under the Quarry Materials Act and Regulations.
6. Blasting
a. All blasting activity shall be carried out in accordance with Provincial
Occupational Health and Safety Act and Regulations.
b. Maximum Particle Velocity resulting from any blasting, measured below
grade or less than 1m above grade in any part of the nearest structure
not located on the property where blasting occurs, shall be within the
limits set as follows:
Frequency of Ground Vibration
in Hertz
Maximum Allowable Peak Particle Velocity in
millimetres per second
15 or less
12.5
16 to 20
19.0
21 to 25
23.0
26 to 30
30.5
31 to 35
33.0
c. Maximum Air Blast - No blasting shall be carried out that results in an Air
Blast which exceeds one hundred and twenty-eight (128) decibels within
7 m of the nearest structure not on the property where the blasting
operations occur, as measured on the linear scale.
d. The operator shall provide to the Town information on scheduled
blasting no less than five (5) days prior to the commencement of the
blast.
e. Structures that are related to quarry operations shall be sited so that
they are located no closer than 300 m from the nearest non-resource
related structure.
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USE ZONES
9.32 Comprehensive Development Area (CDA)
1.
Permitted Uses
-
Continuation of Existing Uses
2. Discretionary Uses
-
Mineral Exploration
-
Telecommunications Towers
3. Picco Ridge Comprehensive Development Area
Lands within the Picco Ridge CDA shall be developed in accordance with the Municipal Plan
Policies 3.2.3 and 8.11(1), and the Concept Plan prepared for the area and approved by Council.
Portions of the area may be developed subject to a rezoning and approval of subdivision
plans consistent with the Concept Development Plan.
In considering proposals for Development within the Picco Ridge CDA, Council may require
appropriate studies to be undertaken to determine the adequacy of municipal infrastructure,
including Streets, to accommodate the Development. Council may refuse Development
where it has been found that adequate servicing is not available, unless such infrastructure
as may be necessary is provided by the developer.
4. Kenmount Road Extension Comprehensive Development Area
Lands within the Kenmount Road Extension Area may only be developed in accordance with
a Comprehensive Development Area Plan, a rezoning of the area consistent with Municipal
Plan Policy 8.11(2), and approval of subdivision plans in accordance with Section 6 of these
Regulations.
In considering proposals for Development within the Kenmount Road CDA, Council may
require appropriate studies to be undertaken to determine the adequacy of municipal
infrastructure, including Streets, to accommodate the Development. Council may refuse
Development where it has been found that adequate servicing is not available, unless such
infrastructure as may be necessary is provided by the developer.
5. East St. Thomas Line Comprehensive Development Area
Lands Zoned Comprehensive Development located east of St. Thomas Line to the Town
boundary may only be developed in accordance with a Comprehensive Development Area
Plan prepared for the entire area, rezoning of the area consistent with Municipal Plan Policy
8.11(3), and approval of subdivision plans in accordance with Section 6 of these Regulations.
6. Development Above 160m Elevation
In accordance with the recommendations of the Paradise Water System Master Plan, 2016:
a. Lands located above the 160 m elevation in the Picco Ridge and Kenmount Road
CDAs, shall only be developed where infrastructure required to provide adequate
water supply and pressure is provided, at the developer's expense.
b. Development will be limited in these areas to no higher than the 180 m contour
elevation.
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APPENDICES
APPENDIX A:
Land Use Zoning Map
115
APPENDICES
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APPENDICES
APPENDIX B: Classification of
Uses and Buildings
This Schedule is intended to assist in the interpretation of the types of Uses
within the Use classes listed in the Use Zone tables in Section 9.
1.
Assembly Uses
Division
Use Class
Examples
Assembly Uses for the
production and viewing of
the performing arts.
Theatre
Arts and Culture Centre
Movie Theatre
Theatre (Live)
General Assembly Uses
Cultural and Civic
Art Gallery
Convention Centre
Interpretation Centre
Library
Museum
Public Buildings
Tourist Chalet
Town Hall
Educational
College
Private School (including
personal instruction)
Public School
University
General Assembly
Auditorium
Bingo Hall
Bowling Alley
Community Halls
Dance Halls
Gymnasium
Health and Fitness Facility
Lodge Halls
Paintball Establishment
Poolroom
Youth Centre
Place of Worship
Church and similar Place of
Worship
Church Hall
Passenger Assembly
Bus Terminal
Passenger Terminal
Clubs and Lodges
Private Club
Service Club
117
APPENDICES
Catering
Lounges (includes night clubs
and bars)
Restaurant
Take-Out Food Service
Funeral Home
Crematorium
Funeral Home
Child Care
Adult Day Care
Family Child Care
Daycare Centre
Preschool
Arena-type Uses
Indoor Assembly
Arena
Auditorium
Gymnasium
Rink
Shooting Range
Sports Stadium
Swimming Pool
Open-air Assembly Uses
Outdoor Assembly
Amusement Park
Bleachers
Drive-in Theatre
Exhibition Ground
Fairground
Grandstand
Outdoor Rink
R.V. Camping Parks
Sports Field
Swimming Pool
2. Institutional Uses
Division
Use Class
Examples
Penal and Correctional
Institutional Uses
Penal and Correctional
Detention
Jail
Penitentiary
Police Station (with detention
quarters)
Prison
Psychiatric Hospital (with
detention quarters)
Reformatory
Special Care Institutional
Uses
Medical Treatment and Spe-
cial Care
Assisted Living Residential
Complex
Children's Homes
Convalescent and Care Homes
Hospitals
Infirmaries
Orphanages
Personal Care Home
Psychiatric Hospitals
Sanatorium
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APPENDICES
3. Residential Uses
Division
Use Class
Examples
Residential Dwelling Uses
Single Dwelling
Family and Group Care Centre
(2022-04-29)
Single-detached Dwelling
Double Dwelling
Duplex Dwelling
Family and Group Care Centre
(2022-04-29)
Semi-detached Dwelling
Row Dwelling
Family and Group Care Centre
(2022-04-29)
Row House
Town House
Apartment Building
Apartment Building
Family and Group Care Centre
(2022-04-29)
Multi-Unit Dwellings (3 plus Units)
Collective Residential
Assisted Living Residential Complex
Nurses and Hospital Residences
University and College Halls of
Residence
Cluster Development
(2023-04-21)
Cluster Development
(2023-04-21)
General Residential Uses
Boarding House Residential
Bed & Breakfast Home
Boarding House
Hospitality Home
Lodging House
Tourist Home
Seasonal Residential
Summer Home & Cottage
Recreational Cabin
Hunting and Fishing Cabins
Hotels
Hotels
Hostels
Motels
Mobile Homes
Mobile Home
Mini Home
Modular Home
4. Business and Personal Service Uses
Division
Use Class
Examples
Business, Professional, and
Personal Service Uses
Office
Bank
Financial Service
Office
Office Building
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APPENDICES
Medical & Professional
Dental/Denturist
Legal Office
Medical Office
Optometrist
Professional Office
Travel Agency
Personal Service
Animal Grooming
Arts & Crafts Instruction
Barber
Beauty Salon
Fitness Gym
Hairdresser
Health Spa
Manicurist
Tailor
General Service
Auto Windshield Glass Repair
Dry Cleaner
General Glass Repair
Laundry
Rentals/Repair
Small Tool and Appliance
Upholstery
Communications
Radio Station
TV Station
Telecommunication Facility
Police Station
Police Station
Taxi Stand
Taxi Stand
Veterinary
Veterinary Surgeries and Clinics
5. Retail Uses
Division
Use Class
Examples
Retail Sale and Display
Uses
Shopping Centre
Mini Mall (5 Units or less)
Shopping Mall
Strip Mall (5 Units or more)
Retail Store
Building Supply Store
Crafts Store
Department Store
Gift Store
Outlet for retailing a range of
Merchandise
Pharmacy
Showroom
Vehicle and Automotive Sales
Video Store
Service Station
Car Washing Establishment
Gas Bars
Gasoline Service Stations (not
including general repair garages)
Indoor Market
Auction Hall
Flea Market
Market Hall
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APPENDICES
Outdoor Market
Farm Market
Flea Market
Convenience Store
Confectionary Stores
Corner Stores
Specialty Stores
6. Industrial Uses
Division
Use Class
Examples
Industrial Uses involving
highly combustible and
hazardous substances and
processes.
Hazardous Industry
Auto Body Shop
Bulk Storage of hazardous liquids and
substances
Chemical Plant
Distillery
Feed Mill
Fibreglass Fabrication
Foundry
Lacquer, Paint, Varnish, and Rubber
Factory
Pulp & Paper Mill
Recycling Plant (toxic and hazardous
materials)
General Industry (Uses
involving limited
hazardous substances and
processes)
General Industry
Cold Storage Plant
Factory
Fish Processing Plant
Freight Depot
General Garage
Marine Service Centre
Recycling Depot (non-toxic materials)
Warehouse
Welding Shop
Light, Non-hazardous or
Non-intrusive Industrial
Uses
Light Industry
Parking Garages
Warehousing and Distribution
Workshops Indoor Storage
7. Non-Building Uses
Division
Use Class
Examples
Uses not directly related to
building
Agriculture
Beekeeping
Community Garden
Crop Farm
Dairy Farm
Fruit Farm
Fur Farm
Green House
Hobby Farm
Hydroponics
Market Garden & Nursery
Orchards
Poultry Farm
Primary Processing Facility
121
APPENDICES
Forestry
Silviculture
Tree Farming
Tree Harvesting
Tree Nursery
Mineral Working
Mine
Mineral Exploration
Pit and Stockpiling
Quarry and Stockpiling
Topsoil Extraction and
Composting
Recreational Open Space
Amusement Park/ Theme Park
Bumper Boats
Day Park
Go-Cart Track
Golf Course/Mini Golf
Park
Paint Ball Range/Shooting
Range
Playground
Playing Field
Recreational Trailer Park/
Camping
Walkways and Trails
Waterslide
Conservation
Architectural, Historical and
Scenic Sites
Floodplain
Nature Park/Sanctuary
Protected Watershed
Walking and Hiking Trails
Cemetery
Cemetery
Crematorium
Scrap Yard
Automotive Recycle
Car Wrecking Yard
Junk Yard
Scrap Yard
Solid Waste
Sewage Treatment Plant
Solid Waste Transfer Station
Solid Waste Recycling Centre
Animal
Animal Pound
Kennel
Riding/ Boarding Stable
Veterinary Clinic
Antenna
TV, Radio & Communications
Transmitting, Receiving Masts,
Dishes & Antennae
Telecommunications Towers
Transportation
Airfield
Car Park
Docks and Wharves
Helipad
Slipway
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APPENDICES
APPENDIX C: Infill Limits Map
123
APPENDICES
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APPENDICES
Venton Place
Janals Road
Woodville Road
Kipawa Drive
Husseys Road
Clarke's Hillview (2022-07-08)
Southview Drive (2022-07-08)
APPENDIX D: Development
Limits, Existing Streets
125
APPENDICES
126
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APPENDICES
APPENDIX E: Provincial
Development Regulations
127
APPENDICES
128
TOWN OF PARADISE DEVELOPMENT REGULATIONS
APPENDICES
APPENDIX F: Street
Classification Map
129
APPENDICES
130
TOWN OF PARADISE DEVELOPMENT REGULATIONS
APPENDICES
APPENDIX G: Mixed-Use
Development Plan for Civic
No. 22-40 McNamara Drive
131
APPENDICES
132
TOWN OF PARADISE DEVELOPMENT REGULATIONS
APPENDICES
APPENDIX H: Market Ridge
Commercial/Residential
Development Plan
133
APPENDICES