Town of Parson's Pond Development Regulations 2019-2029
Parson's Pond, Newfoundland and Labrador
· adopted 2020-08-11
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Town of Parson ' s Pond Development Regulations for 2019- 2029
As approved by Council 11 August 2020
TOWN OF PARSON'S POND
DEVELOPMENT REGULATIONS
2019-2029
As approved .by Council 11 August 2020
Development Regulations/ Amend111ent
REGISTERED
Number Zf;>:/5: ---2Q2 [ :::COcJ
Date ]1Affl1 flD-0(7 u. l . Z ()2 {
Signature ---H~~~,'it---+~~'r"ltr---
Town of Parson's Pond Development Regulations for 20 19- 2029
As approved by Council 11 August 2020
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Town of Par son ' s Pond Development Regu l ations for 2019- 2029
As approved by Council 11 August 2020
ADOPTION AND APPROVAL
COUNCIL RESOLUTION TO ADOPT; MCIP CERTIFICATE
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council
of Parson's Pond adopts the Development Regulations for 2019 to 2029.
Resolved by the Town Council of Parson's Pond on the yct day of June, 2020.
Signed and sealed this d- 6-tk day of (LA 'd" 1 ~ , 2020
Mayor:
Clerk:
h£-1A4-= ~
~J~'
Canadian Institute of Planners Certification
(Council Seal)
I certify that the attached Development Regulations document has been prepared in accordance
with the requirements of the Urban and Rural Planning Act, 2000.
Member of the Canadian Institute of Planners
(MCIP Seal)
Date: 6 June 2020
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Town of Parson ' s Pond Development Regulations for 2019- 2029
As approved by Council 11 August 2020
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Development Regulations/Amendment
Town of Pa r son' s Pond Devel opment Re gulations for 2019 2029
As approved by Council 11 August 2020
REGISTERED
COUNCIL RESOLUTION TO APPROVE
[resolution of Council to approve the Development Regulations, f ollowing completion of the requirements of
Sections 18 to 22 inclusive of the Urban and Rural Planning Act, 2000}
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning Act
2000, the Town Council of Parson's Pond:
a)
adopted the Development Regulations for 2019-2029 on the 3rd day of June,
2020.
b)
gave notice of the adoption of the said Development Regulations for 2019-2029
by notices placed on local bulletin boards in the community as is customary for
municipal notices, following special instructions of the Department of
Municipal Affairs and Environment related to the COVIDJ 9 pandemic,
beginning on the 5th day of June, 2020.
c)
set the 17th day of July, 2020, at 12:00 noon, to be the deadline time and <late
for objections and submissions to be received, and for the holding of a public
hearing to consider objections and submissions and appointed Osmond Keough
to be commissioner to conduct the public hearing.
d)
received a report from the commissioner that no submissions had been received
by the deadline time and date.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town
Council of Parson's Pond approves the said Development Regulations for 2019-2029 exactly as
adopted.
Resolved by the Town Council of Parson's Pond on the 11 th day of August, 2020.
Signed and sealed this a.b -tl day of ~
, 2020.
Mayor:
Clerk:
fh~- ~
~U--~4
V
(Council Seal)
'I.
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Town of Parson ' s Pond Development Regulations for 20 19- 2029
As approved by Council 11 August 2020
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Town of Parson ' s Pond Development Regulations for 20 19- 2029
As approved b y Counci l 11 August 2020
TABLE OF CONTENTS
SECTION A
NEWFOUNDLAND REGULATION 3/01,
MADE BY MINISTER OF MUNICIPAL
AND PROVINCIAL AFFAIRS, 2 JANUARY, 2001
SECTIONB
DEVELOPMENT REGULATIONS
APPLICATION
1
1.
Short Title ...... .. . . ... .. ........... .. ... . ... .. . .. .. .. .. . . .. . ... . .. . . .. .. ...... . ...... . . . . 12
2.
Interpretation . . .. . . . .. ..... ........ .. .. . .... . . ... ... .. . .. ... : .. .. . .. ... . ..... ... . . . . .. . . . . 12
3.
Commencement . ... .. .. .. . . . . ... ... .. . .. . . .. ... .... . .... .. .. .... .. .. ... . ... . .... . .. . ...... . . . . 12
4 .
Municipal Code and Regulations .... . .. . .... . ... ... . . . . . . ... .. . .. . .... . ... . . .. . . . .. .. .. .. . . . . 12
5.
Authority . .. ... .... ........... . .. . . . .... . ............ . . .. ........... .. .. ... .... . .. ..... . ... 12
PART I- GENERAL REGULATIONS
6 .
Compliance With Legislation and Regulations ..... . .... ... ... . . . .. . . . .. ... ... .. . ............. 13
7 .
Permit Required ..... . ......... . .... .. . . ........ .. . .. ......... . .. . ........ . . . .... .. .. .... ... 14
8 .
Permit to be Issued ....... . ............. . . ....... . .... . ... . .. ...... . . ................. . . . .. 14
9 .
Permit Not to be Issued in Certain Cases . ... ...... . .. ........ .. . . . . . .. .. ... .. . . .. . ..... . ... 1 4
10 .
Discretionary Powers of Author ity .... . . .. .... . .. ... . . . . ....... . . .. .. .. . . . .. . . . . ... . ... . ... 15
11 . Variances .... . . .... . .. .. ... . . . . . . . . . . ....... . ... . . . . . . . . . .. .. .. .. ... ....... .. . . . .. ... - . - - - - 16
12 .
Notice of Variance ....... . ............ . . ........... . .. . ... ..... ... .. . ......... . . ... .. ..... 16
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Town of Parson ' s Pond Development Regulations for 2019- 2029
As approved by Counci l 11 August 2020
13.
Service Levy . .. .... . ..... .. ... ..... ... ... . .... . . ... . .. .. . . ..... . .. .. . .................... . 16
14 .
Financial Guarantees by Developer . ..... ... .. . .. . ... .. ..... .. .. . . .. ... .. . . . . ... . . . ..... ... . 17
15 .
Dedication of Land for Public Use . .. . .. ... .. .. . . ... . ...... .. . .. · .. . .. ... . ... .. . .. .. . . .. ... . 1 7
16 .
Reinstatement of Land . . ....... . . .... . .. . .. . . .... .. ........... . . .. .. . . .. . . .. ...... .. . ... ... 1 8
1 7.
Form of Application . ..... .. . . . .. . .. ... . . . . . .. ...... . . . ... ... .. . . .. .. .. ... .. . . ... ... . .... .. 18
18 .
Register of Application .. .... . . .. . . .. . . . . ... . . ... . . . .. .... ... . .. .. .. . . . . . .. . . ..... . . . .. . . . 18
19 .
Deferment of Application ..... . . . . . .. . . . . .... .. ..... . ... . ....... . .. . .. . ..... . ..... . ........ 19
20.
Approval in Principle ... . . . ... . . . ... . . ... .. . . .. .. . . . .. . . . . . . .. .. . .. ... .. . .. . . . . ...... . .... 19
21.
Development Permit .. . . . ....... . . ... ... . .. ... . ... .. . .. ..... .. .. ... .. .... .. . . . .. . . ....... . . . 20
22.
Reasons for Refusing Permit .. .. ... .. . . . . .. .. ... . .. . ... .... ... .. . .. . ....... . .. . .. . . . . .. .... 2 1
23 .
Notice of Right to Appeal .. .. . . . . . .. . .. .... .... .... . ...... . . .. .. .. ... . .. .. .. . ..... .. . . ... . 21
24 . Appeal Requirements ... . ...... . .. . .. . .. . . .... ... . . . .. . . . .. .. . ...... . . . . .. ... . . ... . ..... .. .. . 22
25 . Appeal Registration ...... . .. .. .. .. .. . . . ... .. ..... .. . . . . . ... ..... . .. . . . .. .. . .. . ..... . . .. ... . 22
26 .
Development Prohibited .......... . ... .... . ...... . ... . ..... . . . . .. . . .. .... .. . ..... . .. .. ... . .. 23
27 .
Appeal Board .... ... . .. . .. ... .. ..... .. .. ... . . ... . . . . .. ... .... . .. . . .... .. .. . . ... . . . ... . .. ... 23
28.
Appeals . . .. . .. . . . ... . ...... ... .. .. .. .. .. .. ...... .... . ....... . . ... . . .. .. . ..... .. .. . .. ... . .. 23
2 9.
Hearing Notice and Meetings ...... .... ... .. ... ... .. .. .. ... .. .. . .. .. .. ... .. . ......... . ..... . 2 5
30 .
Hearing of Evidence .. .. .. .. . .. . . . . . . .. . .. . . .. ... . . . . .... . . . .. . .. . . .. . .... .. .. ............. 2 6
31.
Return of Appeal Fee . . . . .... ..... .. . . . . .... . . . . . .. . ... . . . ... . . .... . . ...... . . ...... ... . .. .. 2 6
.32 .
Notice of Application ..... . ... ... . . . ... ... ..... ... .. ... ... ... . .. . .... .. . .. . . . ... .... . .. . . . 2 6
33.
Right of Entry .. . ....... .. .... ... . .. .... . ....... . ... .. ..... . .. .. .. .. ... . . ... . . .. ... ... . .. . 27
34.
Record of Violations ... ... . .. . ... ... .. . . . . ... . ............. . ....... .... . . ... . . . . . .. . . . . .. . 27
35 .
Stop Work Order and Prosecution . . ......... . .. . . .. . . .. .... ..... . ... ...... .... ... ...... .... . 27
36
Delegation of Powers ... . ... . . . . . . .. .. .. .. . .. ... ... . . .. .. . . .. .. . . ... . ......... . . . ...... . .. .. 28
PART II - GENERAL DEVELOPMENT ST AND ARDS
37 .
Accesses and Service Streets ...... .. .. . .. . .. . .. ...... . .... ......... ...... . .... . . ... ... . . .. 29
38 .
Accessory Buildings and Open Storage .... . . .. . . . . .. . . .. .. . ..... . . . . . . ... . ... . ..... . . ....... 29
39.
Fences ...... . .. . ...... . .... . . ... .. . ..... .... . ..... .. .. .. . . . .. ..... .. . . . .. ... .. . ... . .... .. . 3 1
40.
Buffer Strips Between Residential and Non-Residential Uses . ... . . . .. . . . . ... . . ..... .. ... .. .. 32
41.
Building Height . .... . . .. . . . . . ........ .. .. . ..... .. . ... ... . ... . . .. .. . . . .. .. ..... .. .. . ... .. .. 32
42.
Building Line and Setback . . .. . . . ... . . . .. . . . .. . .. . . .. .. .. .. . . .. . .. . .. . ... . ...... . .... . ... . .. 33
43 .
Family and Group Care Centres . . . . . . . ... .. . .. . .. .. .. .. . ..... ...... ... . ........ . .... . .... ... 33
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Town o f Parson' s Pond Development Regulations for 2 019- 2029
As approved by Council 11 August 2020
44 .
Mineral, Mining and Petroleum Developments ........... . .. . ....... .. . . ... . . . .... . ..... . ... .. 33
45.
Livestock Structures and Uses .. .. . . . . . .... . . .... . .. . . . ............. .. .... .. ... . .. .. .. . .... 37
46.
Archaeological Resources and Heritage Sites ..... . ........ . .. . ...... .. .. . .. . . . .. . ... ....... 38
47.
Lot Area and Size Exceptions .... .. ... . .......... ........ ... . .. .. .......... . .... . ..... .. ... 38
48.
Fronting on a Public Street; Flag Lots .................................................... 39
49.
Non-Conforming Use ............. . ... .......... . . ...... . ....... ... . ...... .. . . . ... .. ......... 40
50.
Offensive and Dangerous Uses ............ .... ................ . ...... . ........ . ... ....... . · . . 41
51 .
Hazards to Building ... . ................ ... . .. ... .... . ... ....... .. .... ... .... .. .. . . ..... ... 42
52 .
Off-Street Parking and Loading Requirements .. . ................. . .......... . .. ...... .. . .... 43
53.
Parks and Playgrounds,and Conservation Uses .............. .... ..... . ... . ...... . ..... . ...... 45
54 .
Screening and Landscaping .......................... . ......... . . .. . . ....... .... ....... .... . 45
55 .
Services and Public Utilities .... ..... ... ....... ........... . ......... . .. . ...... ... . ...... . 4 6
56 .
Service Stations ... . .. .. ... . ... ... .. ... . . . . ............................................... 46
57.
Building Near Highway 430 .................................................... . ... . ........ 46
58.
Removal of Quarry Materials .. ..... ..... .... .... ... .. ..... ........... . ......... ... . ... .. ... 4 7
59.
Site Development, Grading and Drainage .. .. . . .............................................. 48
60 .
Unsubdi vided Land ... .. . ... ....... .. ... ... . ... . .. ... .. . .... . . .. ........ . . ... ......... .. ... . 4 8
61.
Number of Buildings on a Lot; Comprehensive Development . . ............... .... . .. . .. ........ 48
PART III - ADVERTISEMENTS
62.
Permit Required . ..... .... . . . ......... ......... . ... . .... ... .. . . .. ... .. ........ .. ... .. ...... 50
63.
Form of Application and Permit ......... ... .... ............ ..... . ...... .. . .. ............... 50
64.
Advertisements Fronting on Public Highway or Street Reservation . .... . ..................... 50
65 .
Standards of Construction and Location ........................ . . . ... . ... ... ... . . ....... ... 50
66 .
Removal of Advertisements . .. . . ...... .. .... ........ . .. . ... ... . . .. . . ........................ 50
67 .
Advertisements Exempt from Control ........................................................ 51
68.
Temporary Signs .... ............... .... . . . .... ... .... ....... ....... .. .. . .. ............ .. . .. 51
69.
Non-Conforming Uses . .. .......... .. ... . . .............. . ..... . . .. . . . ... . .. ... . . .... ... ...... 51
PART IV - SUBDIVISION OF LAND
70.
Permits Required and Sureties ... .. . .. .. ... ... ....... . ... . ........... .. .. ............ ... . .. 52
71.
Services to be Provided . ......... ... .. ... ... .. .. ...... . . .. . .. ...... . ... ... .. . .. .. .. . .... . . 52
72.
Payment of Service Levies and Other Charges ............................................... 53
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Town of Parson's Pond Development Regulations for 2019- 2029
As approved by Council 11 August 2020
73.
Issue of Permit Subject to Considerations . ......... . .. . ... .. .. .. . .. ...... .. ........ .. . . . .. 53
74.
Concept and Final Plans ... .. ... . . . . . . ......... . . . . .. .... . . . .... . . . ..... . . . .. . .... . .. ...... 54
75 .
Form of Application .. . .. . . .. . . ....... ... .. . . . .... ..... . .. .. .... .. . ... ..... . . ...... . .. . . ... 54
76 .
Subdivision Subject to Zoning . .. . . . ................... . ............ . . ..... .... . ... . ... . . . . 54
77 .
Building Li nes ................ . ................. .. ... .. . . . . .. . ... .. . . . . . .... . .. ...... ... . . 55
78 .
Land for Public Open Space .. .... ...... . ..... ......... ... . .......... . . ...... . ..... . . .. . .... 55
79 .
Structure in Street Reservation . . ... . ... ... . . .... . ... .. . . .. . . . .......... . .. . ...... ........ 56
80 .
Subdivision Design Standards . .. .... . ... . .. .. .... . ... ... ... .. . .. . . . ... . . . . .. . . . . ... . . .. . . . . 56
81.
Engineer to Design Works and Certify Construction Layout ...... .. . .. ... . . ...... . ........... 58
82 .
Developer to Pay Engineer' s Fees and Charges . . ..... . .. . . . . .. . . .. . .. . . . ..... . ... .. . .... .. .. 5 9
83 .
Street Works May Be Deferred .. .. . ... . ............. .. . . .. . . . .. . . . . .. .... .. .. .. . . . . . ... . .... 5 9
84 .
Transfer of Streets and Utilities to Authority ... ... ... ... . ..... . . . . ...... . ............... 60
85 .
Restriction on Sale of Lots .... . . . . .. . .. . . . . .... . .. .. . . . . .... .. .......... . .. . . . .. ... .. .. . . 60
86 .
Grouping of Buildings and Landscaping .... .. . . ... . ... . . ... .. . ... . ... .. . ..... . ... .. ......... 60
PART V - USE ZONES
87.
Use Zones .. . .... . ... . . .. .. . . ... . . . .......... .. ..... .. .............. ... . . .. ......... .. . . . . . 61
88 .
Use Groups, Divisions and Classes ... . .... .. .. . . . . .... .. .. . .. .. . .. ........ . ......... ....... 61
89 .
Penni tted Uses . .... . ... ... . . .. . .... ..... ... .... . ... ...... . .... . . .. ............ . ... . . . . .... 61
90.
Discretionary Uses . ....... . .. . . . . .. . . ...... . ... . .... ... .... . .. .. . . .. . .. ................ . .. 62
91.
Uses Not Permitted . . .. . . . .. .. ........... . . . . .. . .. .. . . .. . . . .. . . . . . .. . .. .. . .... .... .. . .. .. .. 62
SCHEDULES AND ZONING MAPS
SCHEDULE
A:
Definitions .... . . .. . . ........ . .... . ... . .. .... .. . .. . .. .. ...... .... ........ ... . . .. . 63
SCHEDULE
B:
Classification of Uses of Land and Buildings
.. . . . ..... ... . ... . .... . ......... . . 80
SCHEDULE
C:
Use Zone Tables ...... .. . ... .... .. ............ .. .. . . .. . .. ...... . . . ... .. .... .... ... 86
Land Use Zoning Maps 1 & 2
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Town o f Parsor. ' s Pond Deve l opmen t Regulations f or 201 9- 2029
As approve d by Counci l 11 August 2020
SECTION A
NEWFOUNDLAND REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the following
regulations.
Dated at St. John's, January 2, 2001.
I. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
Town o f Parson ' s Pond DE velopment Regul ations for 20 19- 2029
As approved by Counc il 11 August 2020
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11 . Board decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
Short title
1. These regulations may be cited as the Minister 's Development Regulations.
Definitions
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000;
(b) "applicant" means a person who has applied to an authority for an approval or permit
to carry out a development;
(c) "authority" means a council, authorized administrator or regional authority; and
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Tow11 of Parson ' s Pond Development Regulations for 2019- 2029
As approved by Council 11 August 2020
(d) "development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
Application
3. (1) These regulations shall be included in the development regulations of an authority
and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations or
other regulations of an authority, these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
Interpretation
4. (1) In development regulations and other regulations made with respect to a planning
area the following terms shall have the meanings indicated in this section
(a) "access" means a way used or intended to be used by vehicles, pedestrians or animals
in ordtr to go from a street to adjacent or nearby land or to go from that land to the street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennas,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
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Town of Parson ' s Pond Development Regu l ations for 2019- 2029
As approved by Council 11 Augus t 2020
(c) "accessory use" means a use that is subsidiary to a permitted or discretionary use and
that is customarily expected to occur with the permitted or discretionary use;
(d) "building height" means the vertical distance, measured in metres from the established
grade to the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof;
(e) "building line" means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that a building may be placed;
(f) "discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations;
(g) "established grade" means,
(i) where used in reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii) where used in reference to a structure that is not a building, the average elevation
of the finished grade of the ground immediately surrounding the structure, exclusive of
any artificial embankment or entrenchment;
(h) "floor area" means the total area of all floors in a building measured to the outside face
of exterior walls;
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Town of Parson ' s Pond Development Regulations for 2019- 2029
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(i) "frontage" means the horizontal distance between side lot lines measured at the building
line;
(j) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for
a particular use or building;
(k) "lot area" means the total horizontal area within the lines of the lot;
(I) "lot coverage" means the combined area of all building on a lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total area
of the lot;
(m) "non-conforming use" means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the legal right
to use the land under consideration;
(o) "permitted use" means a use that is listed within the permitted use classes set out in the
use zone tables of an authority's development regulations;
(p) "prohibited use" means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority specifies as not permitted
within a use zone;
(q) "sign" means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as
a memorial, advertisements oflocal government, utilities and boarding or similar structures
used for the display of advertisements;
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Town of Parson's Pond Development Regulations for 2019- 2029
As approved by Council 11 August 2020
(r) "rear yard depth" means the distance between the rear lot line and the rear wall of the
main building on a lot;
(s) "side yard depth" means the distance between the side lot line and the nearest side wall
of a building on the lot;
(t) "street" means a street, road, highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency vehicles;
(u) "street line" means the edge of a street reservation as defined by the authority having
jurisdiction;
(v) "use" means a building or activity situated on a lot or a development permitted on a lot;
(w) "use zone" or "zone" means an area of land including buildings and water designated
on the zoning map to which the uses, standards and conditions of a particular use zone table
apply;
(x) "variance" means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use Zone
Table of the authority's regulations; and
(y) "zoning map" means the map or maps attached to and forming a part of the authority" s
regulations.
(2) An authority may, in its discretion, determine the uses that may or may not be developed in a
use zone and those uses shall be listed in the authority's regulations as discretionary, permitted or
prohibited uses for that area.
Notice of right to appeal
5. Where an authority makes a decision that may be appealed under section 42 of the Act, that
authority shall, in writing, at the time of making that decision, notify the person to whom the
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Town of Parson's Pond Development Regulations for 2019- 2029
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decision applies of the
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
( c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6. (1) The secretary of the board at the Department of Municipal and Provincial Affairs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. John" s, Nfld., A I B 416 is the
secretary to all boards in the province and an appeal filed with that secretary within the time period
referred to in subsection 42(4) of the Act shall be considered to have been filed with the appropriate
board.
(2) Notwithstanding subsection ( 1 ), where the City of Corner Brook, City of Mount Pearl or City
of St. John" s appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed
with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the board that hears the decision
being appealed by filing it with the secretary referred to in subsection (1) or (2) within the 14 days
referred to in subsection 42(4) of the Act.
(4) The board that hears the decision being appealed shall, subject to subsection 44(3) of the Act,
retain the fee paid to the board.
(5) Where an appeal of a decision and the required fee is not received by a board in accordance
with this section and Part VI of the Act, the right to appeal that decision shall be considered to
have been forfeited.
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Town of Parson ' s Pond Development Regulations fo r 2019- 2029
As app roved by Council 11 August 2020
Appeal registration
7. (1) Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 6(1) and (2), shall immediately register the
appeal.
(2) Where an appeal has been registered the secretary of the board shall notify the appropriate
authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
(3) Where an authority has been notified of an appeal that authority shall forward to the appropriate
board a copy of the application being appealed, all correspondence, council minutes, plans and
other relevant information relating to the appeal including the names and addresses of the applicant
and other interested persons of whom the authority has knowledge.
(4) Upon receipt of the information under subsection (3), the secretary of the board shall publish
in a newspaper circulated in the area of the appropriate authority, a notice that the appeal has been
registered.
(5) A notice published under subsection (4) shall be published not fewer than 2 weeks before the
date upon which the appeal is to be heard by the board.
Development prohibited
8. (1) Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting under subsection ( l ).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order under
section 102 of the Act, an authority shall not carry out work related to the matter being appealed.
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Hearing notice and meetings
9. (I) A board shall notify the appellant, applicant, authority and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date
scheduled for the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its work in an expeditious manner.
Hearing of evidence
10. (1) A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9(1) or their representative may appear before the board
and make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these regulations.
(3) A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing
of a property shall be considered to have been provided in the same manner as evidence directly
provided at the hearing of the board.
( 4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
Board decision
11. A decision of the board must comply with the plan, scheme or development regulations that
apply to the matter that has been appealed to that board.
Variances
12. (1) Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development regulations, an
authority may, in its discretion, vary the applicable development standards to a maximum of 10%
if, in the authority's opinion, compliance with the development standards would prejudice the
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proper development of the land, building or structure in question or would be contrary to public
interest.
(2) An authority shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be made
with respect to the same land, building or structure, would have a cumulative effect that is greater
than a 10% variance even though the individual variances are separately no more than 10%.
(3) An authority shall not permit a variance from development standards where the proposed
development would increase the non conformity of an existing development.
Notice of variance
13. Where an authority is to consider a proposed variance, that authority shall give written notice
of the proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
Residential non conformity
14. A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where
being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
Notice and hearings on change of use
15. Where considering a non conforming building, structure or development under paragraph
108(3 )( d) of the Act and before making a decision to vary an existing use of that non-conforming
building, structure or development, an authority, at the applicant" s expense, shall publish a notice
in a newspaper circulating in the area or by other means give public notice of an application to
vary the existing use of a non-conforming building, structure or development and shall consider
any representations or submissions received in response to that advertisement.
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Non-conformance with standards
16. Where a building, structure or development does not meet the development standards included
in development regulations, the building, structure or development shall not be expanded if the
expansion would increase the non-conformity and an expansion must comply with the
development standards applicable to that building, structure or development.
Discontinuance of non-conforming use
17. An authority may make development regulations providing for a greater period of time than is
provided under subsection 108(2) of the Act with respect to the time by which a discontinued non-
conforming use may resume operation.
Delegation of powers
18. An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
Commencement
19. These regulations shall be considered to have come into force on January 1, 2001.
©Earl G. Tucker, Queen's Printer
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Town of Parson ' s Pond Deve l opment Regulations for 2019- 2029
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SECTIONB
DEVELOPMENT REGULATIONS
APPLICATION
1. Short Title
These Regulations may be cited as the Town of Parson's Pond Development Regulations.
2. Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to them in
Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
3. Commencement
These Regulations come into effect throughout the Parson's Pond Municipal Planning
Area, hereinafter referred to as the Planning Area, on the date of publication of a notice to
that effect in the Newfoundland and Labrador Gazette.
4. Municipal Code and Regulations
(1) The National Building Code including the Plumbing Code, the Fire Code, the Electrical
Code, and any other ancillary code, apply to the entire Planning Area unless expressly
exempted.
(2) The Authority d0es not perform reviews of engineering, architectural or other desigri
subjects of buildings as may be found in the National Building Code and ancillary codes,
nor does the Authority provide building inspection services.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Parson's Pond.
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PART I - GENERAL REGULATIONS
6. Compliance With Legislation and Regulations
(1) No development shall be carried out within the Parson's Pond Planning Area except
in accordance with these Regulations, unless expressly exempted.
(2) The Ministerial Regulations quoted in Section A shall prevail where there is conflict
with Section B, the Town of Parson's Pond Development Regulations.
(3) The Development Regulations is a legal document, binding upon Council and any
person or group using or proposing to use land anywhere within the Parson's Pond
Planning Area.
(4) The Water Resources Act, 2000 and other legislation provide for regulation of
numerous aspects of management of water resources in the province. All development
applications including but not limited to the following topics may require provincial
government approval in addition to approval by the Authority under these Development
Regulations:
a) Development within 15 metres of a waterbody or watercourse and in the shore
waters thereof;
b) Discharge of any effluent off the subject property;
c) Work in any body of water;
d) Infilling of water bodies or diversion of streams ( usually not approvable if for
residential development);
e) Construction of wharves, breakwaters, slipways and boathouses: permits not
needed but the guidelines of that title must be followed;
f) Infilling or dredging associated with marine structures or other works;
g) Well drilling and use of private water supplies, and,
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h) Any development in the Parsons Pond Hill Reservoir Watershed Area (the
Watershed Protection [WP] Zone), in any of the areas defined as Designated
Floodway (OF) or Designated Floodway Fringe (OF) Zones.
(5) A Service NL permit is required for development along a provincial highway,
including but not limited to fences, trees, vegetation, signs and structures, installation of a
private sewage disposal system, or construction of a private water well.
(6) Permits from the Department of Natural Resources may be required for any forestry
activity including domestic cutting for fuel wood and commercial cutting. This includes
the approval of forestry permits.
(7) Except as otherwise set out in the Use Zone Tables in Schedule C, temporary use of
land is not permitted.
7. Permit Required
No person shall carry out any development within the Planning Area, unless expressly
exempted in these Regulations, unless a permit for the development has been issued by
the Authority.
8. Permit to be Issued
St:bject to Regulations 9 and 10, a permit shall be issued for development within the
Planning Area that conforms to:
(I) the general development standards set out in Part II of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards, requirements,
and conditions prescribed in Schedule C of these Regulations for the use zone in which
the proposed development is located;
(2) the standards set out in Part III of these Regulations in the case of advertisement;
(3) the standards set out in Part IV of these Regulations in the case of subdivision;
(4) the standards of design and appearance established by the Authority.
9. Permit Not to be Issued in Certain Cases
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(I) Neither a permit nor approval in principle shall be issued for development within the
Planning Area when, in the opinion of the Authority, it is premature by reason of the site
lacking adequate road access, power, drainage, sanitary facilities, or domestic water
supply, or being beyond the natural development of the area at the time of application
unless the applicant contracts to pay the full cost of construction of the services deemed
necessary by the Authority and such cost shall attach to and upon the property in respect
of which it is imposed.
(2) Where a Crown Lands grant is required to enable a development, Council shall review
the policies of the Municipal Plan and the Development Regulations in the course of
considering their comments to make to Crown Lands on any proposed development, and
shall not recommend or support the grant where they are not satisfied. Where a variance
or discretionary approval or other approval pursuant to these Development Regulations or
the Urban and Rural Planning Act, 2000, is required, such matters shall be considered
and disposed satisfactorily on an approval in principle basis (see Regulation 20) before
the grant is recommended.
10. Discretionary Powers of Authority
(1) In considering an application for a permit or approval in principle to carry out
development, the Authority shall take into account the policies expressed in the Munici-
pal Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the
general appearance of the development of the area, the amenity of the surroundings,
availability of utilities, public safety and convenience, and any other considerations
which are, in its opinion, material, and notwithstanding the conformity of the application
with the requirements of these Regulations, the Authority may, in its discretion, and as a
result of its consideration of the matters set out in this Regulation, conditionally approve
or refuse the application.
(2) An Authority may, in its discretion, determine the uses that may or may not be developed
in a us~ zone and those uses shall be listed in the Authority's regulations as discretionary,
permitted or prohibited uses for that area.
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11. Variances (Refer to Minister 's Development Regulations, Section 12, January 2, 2001)
(1) Where an approval or permit cannot be given by the Authority because a proposed
development does not comply with development standards set out in the use zone tables
in the development regulations, the Authority may, in its discretion, vary the applicable
development standards to a maximum of 10% if, in the Authority's opinion, compliance
with the development standards would prejudice the proper development of the la11d,
building or structure in question or would be contrary to public interest.
(2) The Authority shall not allow a variance from development standards set out in the use
zone tables in the 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% varianct: even though
the individual variances are separately no more than 10%.
(3) The Authority shall not permit a variance from development standards where the
proposed development would increase the non-conformity of an existing development.
12. Notice of Variance (Refer to Afinister 's Development Regulations, Section 13., January 2,
2001)
Where the Authority is to consider a proposed variance, the Authority shall at the
expense of the applicant give written notice of the proposed variance as specified in
Regulation 32.
13. Service Levy
(1)
The Authority may require a developer to pay a service levy where development
is made possible or where the density of potential development is increased, or
where the value of property is enhanced by the carrying out of public works either
on or off the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Authority of constructing or improving the public works referred to
in Regulation 13( 1) that are necessary for the real property to be developed in
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accordance with the standards required by the Authority and for uses that are
permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(4)
a) the amount of real property benefited by the public works related to all the real
property so benefited; and,
b) the density of development made capable or increased by the public work.
The Authority may require a service levy to be paid by the owner of the real
property;
a) at the time the levy is imposed;
b) at the time development of the real property commences;
c) at the time development of the real property is completed; or,
d) at such other time as the Authority may decide.
14. Financial Guarantees by Developer
(I)
The Authority may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may be
required to guarantee the payment of service levies, ensure site reinstatement, and
to enforce the carrying out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the form
of:
a) a cash deposit from the developer, to be held by the Authority, or;
b) a guarantee by a bank, or other institution acceptable to the Authority, for
expenditures by the developer, or;
c) a performance bond provided by an insurance company or a bank, or;
d) an annual contribution to a sinking fund held by the Authority, or;
e) another form of financial guarantee that the Authority may approve.
15. Dedication of Land for Public Use
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In addition to the requirements for dedication of land under Regulation 78, the Authority
may require the dedication of a percentage of the land area of any subdivision or other
development for public use, up to a maximum of 10%, and such land shall be conveyed
to the Authority in accordance with the provisions of the Act.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Authority may order the developer, the occupier of the site, or the owner or all of them to
reinstate the site, to restore land to its original elevations and drainage, to remove all or
any buildings or other constructed features, to cover or fill all wells or excavations, and to
close all or any accesses, or to do any of these things or all of them, as the case may be,
and the developer, occupier or owner shall carry out the order of the Authority and shall
put the site in a clean and sanitary condition to the satisfaction of the Authority.
17. Form of Application
(1)
An application for a development permit or approval in principle shall be made
only by the owner or by a person authorized by the owner to the Authority on
such form as may be prescribed by the Authority, and every application shall
include such plans, specifications and drawings as the Authority may require, and
be accompanied by the permit fee required by the Authority. The Authority may
authorize payment of the permit fee only upon approval of the application, and
waive the fee if not approved.
(2)
The Authority shall supply to every applicant a copy of the application forms
referred to in Regulation 17(1) and a description of the plans, specifications and
drawings required to be provided with the application and any information or
requirements applicable to the application.
18. Register of Application
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The Authority shall keep a public register of all applications for development, and shall
enter therein the Authority's decision upon each application and the result of any appeal
from that decision.
19. Deferment of Application
(1)
The Authority may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations which have
not been determined by the Authority and on which a decision has not been com-
municated to the applicant within eight weeks of the receipt thereof by the
Authority, and on which consideration has not been deferred in accordance with
Regulation 18(1), shall be deemed to be refused.
20. Approval in Principle
(1)
The Authority may grant approval in principle for the erection, alteration or
conversion of a building or for the subdivision of land (see Regulation 70) if, after
considering an application for approval in principle made under these
Regulations, it is satisfied that the proposed development is, subject to the
approval of detailed plans, in compliance with these Regulations. Council may
attach conditions to ensure that the proposed development will be in accordance
with the purposes and intent of these Regulations and the Municipal Plan and any
other relevant statutes, regulations or guidelines.
(2)
Notwithstanding an approval in principle, no work shall commence until a
development permit and any other necessary permit has been issued by the
Authority or others having jurisdiction.
(3)
Where approval in principle is granted under this Regulation, it shall be subject to
appeal and subject to the subsequent approval by the Authority of such details as
may be listed in the approval in principle, which shall also specify that further
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application for approval of these details shall be received not later than two years
from the grant of approval in principle.
21. Development Permit
(1)
A plan or drawing which has been approved by the Authority and which bears a
mark and/or signature indicating such approval together with a permit shall be
deemed to be permission to develop land in accordance with these Regulations
but such permission shall not relieve the applicant from full responsibility for
obtaining permits or approvals under any other regulation or statute prior to
commencing the development; from having the work carried out in accordance
with these Regulations or any other regulations or statutes; and from compliance
with all conditions imposed thereunder.
(2)
The Authority may attach to a permit or to approval in principle such conditions
as it deems fit in order to ensure that the proposed development will be in
accordance with the purposes and intent of these Regulations.
(3)
Where the Authority deems necessary, permits may be issued on a temporary
basis for a period not exceeding one year, which may be extended in writing by
the Authority for further periods not exceeding two years.
(4)
A permit is valid for such period, not in excess of two years, as may be stated
therein, and if the development has not commenced, the permit may be renewed
for a further period not in excess of one year, but a permit shall not be renewed
more than once, except in the case of a permit for an advertisement, which may be
renewed in accordance with Part III of these Regulations.
(5)
The approval of any application and plans or drawings or the issue of a permit
shall not prevent the Authority from thereafter requiring the correction of errors,
or from ordering the cessation, removal of, or remedial work on any development
being carried out in the event that the same is in violation of this or any other
regulations or statute.
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(6)
The Authority may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit was
issued in error or was issued on the basis of incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter or thing in
being done for which a permit has been issued, a copy of the permit and any
plans, drawings or specifications on which the issue of the permit was based
during the whole progress of the work, or the doing of the matter or thing until
completion.
(9)
A development permit or conditions attached thereto are subject to appeal.
22. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit,
state in writing the reasons for so doing.
23. Notice of Right to Appeal (Refer to Minister 's Development Regulations, Section 5,
January 2, 2001)
Where the Authority makes a decision that may be appealed under section 42 of the Act,
the Authority shall, in writing, at the time of making that decision, notify the person to
whom the decision applies of the
a) person's right to appeal the decision to the board;
b) time by which an appeal is to be made;
c) right of other interested persons to appeal the decision; and
d) manner of making an appeal and the address for the filing of the appeal.
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24. Appeal Requirements ( Refer to Minister 's Development Regulations, Section 6, January 2,
2001)
(I) The secretary of the Appeal Board at the Department of Municipal Affairs and
Environment, Confederation Building (West Block), P.O. Box 8700, St. John's,
Nfld., A I B 4J6 is the secretary to all Appeal Boards in the province and an appeal
filed with that secretary within the time period referred to in subsection 42(4) of the
Act shall be considered to have been filed with the appropriate Appeal Board.
(2) The fee required under section 44 of the Act shall be paid to the Appeal Board that
hears the decision being appealed by filing it with the secretary referred to in
subsection (1) or (2) within the 14 days referred to in subsection 42( 4) of the Act.
(3) The Appeal Board that hears the decision being appealed shall, subject to subsection
44(3) of the Act, retain the fee paid to the Appeal Board.
( 4) Where an appeal of a decision and the required fee is not received by an Appeal
Board in accordance with this section and Part VI of the Act, the right to appeal that
decision shall be considered to have been forfeited.
25. Appeal Registration (Refer to Minister 's Development Regulations, Section 7, January 2,
2001)
(I)
Upon receipt of an appeal and fee as required under the Act and these regulations,
the secretary of the Appeal Board as referred to in subsections 24(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the Appeal Board shall
notify the Authority of the appeal and shall provide to the Authority a copy of the
appeal and the documentation related to the appeal.
(3)
Where the Authority has been notified of an appeal that Authority shall within
one week of notification forward to the appropriate board a copy of the
application being appealed, all correspondence, council minutes, plans and other
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(4)
relevant information relating to the appeal including the names and addresses of
the applicant and other interested persons of whom the Authority has knowledge.
Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate Authority, a
notice that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
26. Development Prohibited (Refer to Minister 's Development Regulations, Section 8,
January 2, 2001)
(I)
(2)
Immediately upon notice of the registration of an appeal the Authority shall
ensure that any development upon the property that is the subject of the appeal
ceases.
Sections 102 and 104 of the Act apply to the Authority acting under subsection
(1 ).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, the Authority shall not carry out work related
to the matter being appealed.
27. Appeal Board
Pursuant to Section 40 of the Urban and Rural Planning Act, 2000, the Minister may, by
order, establish an Appeal Board and shall assign to the Appeal Board a specific area of
the province over which it shall have jurisdiction, as outlined in section 40, of the Act.
28. Appeals
Pursuant to Section 42 of the Urban and Rural Planning Act, 2000:
(1) A person or an association of persons aggrieved of a decision that, under the
regulations, may be appealed, may appeal that decision to the appropriate Appeal
Board where the decision is with respect to:
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(a) an application to undertake a development;
(b) a revocation of an approval or a perm it to undertake a development;
( c) the issuance of a stop work order; and
(d) a decision permitted under the Act or another Act to be appealed to the board.
(2) A decision of the Authority to adopt, approve or proceed with a municipal plan, a
scheme, development regulations and amendments and revisions of them is final and
not subject to an appeal.
(3)
An Appeal Board shall not make a decision that does not comply with the
municipal plan, a scheme and development regulations that apply to the matter
being appealed.
(4)
An appeal shall be filed with the Appeal Board not more than 14 days after the
person who made the original application appealed from has received the decision
being appealed.
(5)
An appeal shall be made in writing and shall include
(a) a summary of the decision appealed from;
(b) the grounds for the appeal; and
(c) the required fee.
(6)
A person or group of persons affected by the subject of an appeal or their
representatives may appear before an Appeal Board and make representations
concerning the matter under appeal.
(7)
An Appeal Board may inform itself of the subject matter of the appeal in the
manner it considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance with the Act
and the municipal plan, scheme and regulations that have been registered under
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section 24, of the Act, and having regard to the circumstances and merits of the
case.
(9) A decision of the Appeal Board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
(10)
In determining an appeal, an Appeal Board may confirm, reverse or vary the
decision appealed from and may impose those conditions that the board considers
appropriate in the circumstances and may direct the Authority to carry out its
decision or make the necessary order to have its decision implemented.
(11)
Notwithstanding subsection (10), where the Authority may, in its discretion, make
a decision, an Appeal Board shall not make another decision that overrules the
discretionary decision.
(12)
The decision of a majority of the members of an Appeal Board present at the
hearing of an appeal shall be the decision of the Appeal Board.
(13)
An Appeal Board shall, in writing notify the appellant and the appropriate
Authority of the decision of the Appeal Board.
29. Hearing Notice and Meetings (Refer to Minister 's Development Regulations, Section 9,
January 2, 2001)
(1)
An Appeal Board shall notify the appellant, applicant, Authority and other
persons affected by the subject of an appeal of the date, time and place for the
appeal not fewer than 7 days before the date scheduled for the hearing of the
appeal.
(2)
An Appeal Board may meet as often as is necessary to conduct its work in an
expeditious manner.
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30. Hearing of Evidence
(Refer to Minister's Development Regulations, Section 10, January
2, 2001)
(1)
An Appeal Board shall meet at a place within the area under its jurisdiction and
the appellant and other persons notified under regulation 29( 1) or their
representative may appear before the Appeal Board and make representations
with respect to the matter being appealed.
(2)
An Appeal Board shall hear an appeal in accordance with section 43 of the Act
and these regulations.
(3)
A written report submitted under subsection 43(2) ofthe Act respecting a visit to
and viewing of a property shall be considered to have been provided in the same
manner as evidence directly provided at the hearing of the Appeal Board.
( 4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
31. Return of Appeal Fee
Pursuant to Section 44(3) of the Urban and Rural Planning Act, 2000, where an appeal
made by an appellant under section 42 of the Act, is successful, an amount of money
equal to the fee paid by that appellant under regulation 24(b) shall be paid to him or her
by the Authority.
32. Notice of Application
(1)
When a change in non conforming use is to be considered under Regulation 49,
the Authority shall, at the expense of the applicant, give notice of an application
for a permit or for approval in principle, to all persons whose land is in the
immediate vicinity of the land, at least ten days prior to the date upon which
Council will consider the matter.
(2)
When a variance is necessary under Regulation 11 , and the Authority wishes to
consider whether to authorize such a variance from development standards the
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Authority shall, pursuant to Regulation 12, give written notice of the proposed
variance to all persons whose land is in the immediate vicinity of the land, at least
ten days prior to the date upon which Council will cons;der the matter.
(3)
When a proposed development is listed as a discretionary use in Schedule C of the
Regulations, and the Authority wishes to consider whether to approve such a
discretionary use, the Authority shall give written notice at the expense of the
applicant of the proposed development to all persons whose land is in the
immediate vicinity of the land, at least ten days prior to the date upon which
Council will consider the matter.
33. Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land
and may at all reasonable times enter any development or building upon the land for the
purpose of making surveys or examinations or obtaining information relative to the
carrying out of any development, construction, alteration, repair, or any other works
whatsoever which the Authority is empowered to regulate.
34. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to
his knowledge and report that violation to the Authority.
35. Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, the Authority may order that person to stop the development or work
connected therewith pending final adjudication in any prosecution arising out of
the development.
(2)
A person who does not comply with an order made under Regulation 35(1) is
guilty of an offence under the provisions of the Act.
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36 Delegation of Powers (Refer to Minister 's Development Regulations, Section 18, January 2,
2001)
An Authority shall, where designating employees to whom a power is to be delegated
under subsection 109(2) of the Act, make that designation in writing.
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PART II-GENERAL DEVELOPMENT STANDARDS
37. Accesses and Service Streets
(I) All developments shall have motor vehicle access to a publicly owned and maintained
road or highway. The Authority may waive this requirement for access to land uses
associated with agriculture, forestry, sawmilling, mineral workings or other resource
or similar uses, where the requirement that a use front onto a public street is
unnecessary or undesirable, but such accesses and private lanes for that purpose shall
not be recognized as public streets.
(2) Street accesses shall be located to the specification of the Authority so as to ensure
the greatest possible convenience and safety of the street system and the Authority
may prescribe the construction of service streets to reduce the number of accesses to
collector and arterial streets.
(3) Any access to a provincial highway must be approved by the Province of
Newfoundland and Labrador.
(4) No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
(5) A new public street may not be constructed except in accordance with the design and
specifications laid down by the Authority, as stated in Regulation 81(1) whether the
street is part of a subdivision or for another purpose.
38. Accessory Buildings and Open Storage
The following requirements shall apply to development of accessory buildings and land
uses except for fences (see Regulation 39):
(I) Accessory buildings and uses shall be clearly incidental and complementary to the
appearance of the main buildings in character, use and size, and shall be contained on
the same lot.
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(2) The number, lot coverage, and floor areas of accessory buildings shall be as specified
in the Use Zone Tables in Schedule C.
(3) Yards and separation distances:
a) the required side yard for accessory buildings shall be 1.5 metres or the
side yard of the existing main building, whichever is the greater, except
for a flanking yard in a corner lot where it shall be the required front
yard for a main building.
b) The minimum rear yard for an accessory building less than 4 metres in
height to its peak shall be 1 metre, and for a height more than 4 metres
but less than 6 metres the minimum rear yard shall be 3 metres,
measured and subject to increase as described in (6).
c) The minimum separation between accessory buildings and main
buildings shall be 3 metres or the separation required by building codes,
whichever is the greater.
d) An open or partially enclosed deck attached to a dwelling shall not
extend into the minimum required front and side yards and flanking road
setback and shall not be closer to the rear lot line than 1 metre. A deck
is not included in the calculation of lot coverage.
(4) Except where provided for in the Use Zone Tables in Schedule C, the minimum
building line (distance from the front lot line or the lot line on the street in a
flankage yard) for an accessory building shall be the same as that for the principal
or main building(s), but no structure except a fence or retaining wall shall be
located in the actual front yard where the main building closest to the front lot line
is set back from the front lot line a distance in excess of that prescribed in the Use
Zone Tables in Schedule C.
(5) Except where provided for in the Use Zone Tables in Schedule C, the location and
features of an access ramp for a wheelchair or similar aid for mobility shall
comply with the requirements of Regulation 38(1),(2),(3) and(4).
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(6) Except where provided for in the Use Zone Tables in Schedule C, the maximum
height of an accessory building which is accessory to a residential use shall be 4
metres (there is no maximum height for buildings which are accessory to non-
residential uses except that they shall not exceed the height of the main building
on the lot).
(7) Except where provided for in the Use Zone Tables in Schedule C, the location and
features of open storage of materials, goods and machinery shall comply with the
requirements of Regulation 38(1),(2),(3) and (4).
(8) Small scale garden and horticultural uses are deemed to be accessory to any legal
use of land.
(9) Temporary use of land not related to a main use is not permitted except where
provided in the Use Zone Tables in Schedule Casa discretionary use.
39. Fences.
(I) Except as otherwise set out in the Use Zone Tables in Schedule C, the requirements of
this Regulation shall apply to all fences located within the municipal planning area. In
addition, the requirements of any Fence Regulation adopted under the Municipalities Act
shall apply to any fences located within the municipal boundary.
(2) Fences may be erected in any yard of any lot subject to the following:
a) Compliance with provincial government regulations concerning structures in
close proximity to Highway 430 (the Viking Trail)-see Regulation 57. Further,
fences must be located no closer than 8 metres to the centrelines of the travelled
surfaces of Council's local streets.
b) The material or materials used in the construction and repair of a fence shall only
be of a type which meets the approval of the Authority.
c) Except as otherwise set out in the Use Zone Tables in Schedule C, no fence shall
be erected with a height of greater than 0.75 metres above the grade of the street
line within the triangle formed by two intersecting street lines and a line
connecting two points on the two intersecting street lines located 15 metres from
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the point of intersection of the two streets where one of the streets is Highway
430, or 8 m~tres for intersecting Council's local streets. Also, except as otherwise
set out in the Use Zone Tables in Schedule C, no fence shall be erected with a
height of greater than 0.75 metres above the grade of the street line at the
intersection of a driveway and a road where in the opinion of the Authority it
impedes sight lines.
d) The fences are entirely located on the lot or directly on the lot lines, except where
yard requirements specify special setbacks for fences;
40. Buffer Strips Between Residential and Non-residential Uses
( 1) Where any non-residential development permitted in any Use Zone abuts an existing
or intended residential development, the owner of the site of the non-residential
development shall provide a buffer strip on the site of the non-residential
development of not less than 10 metres width between the nearest lot I ines of the
residential development and the structures and travelled areas such as parking lots and
lanes in the non-residential development. The buffer shall include the provision of
such natural or structural barrier as may be required by the Authority and shall be
maintained by the owner or occupier to the satisfaction of the Authority. The
Authority must be satisfied that the non-residential development will not cause
excessive noise, traffic, nuisance or hazard to adjacent residential uses, and in general
will be compatible with the residential area.
(2) Conversely, where a residential use is to be located adjacent to a non-residential use,
the Authority may require the developer of the residential use to provide a suitable
buffer of like kind.
41. Building Height
Except as otherwise set out in the Use Zone Tables in Schedule C, development of
structures of a height greater than that specified in said Tables is permitted but only
provided that the building line setback and rear yard requirements are adjusted as
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follows:
a) The building line setback shall be increased by 2 metres for every 1 metre
increase in height above the minimum required height.
b) The rear yard shall not be less than the minimum building line setback
calculated as described in (1) above plus 6 metres.
42. Building Line and Setback
The Authority, by resolution, may establish building lines, measured from the front lot
line or the lot line on the flanking street of a corner lot, on an existing or proposed street
or service street and may require any new buildings to be located on those building lines,
notwithstanding whether such building lines conform to the standards set out in the tables
in Schedule C of these Regulations.
43. Family and Group Care Centres
Family and group care centre use is permitted in any dwelling or apartment that is
adequate in size to accommodate the number of persons living in the group, inclusive of
staff, provided that in the opinion of the Authority, the appearance of the dwelling does
not materially differ from, nor adversely affect, the amenities of the adjacent residences
or the neighbourhood in which it is located. The Authority may require special access
and safety features to be provided for the occupants before occupancy is permitted.
44. Mineral, Mining and Petroleum Developments
I) Mineral Exploration
a) In addition to other requirements concerning environmental protection and safety,
Council will consider best practices in mineral exploration, in consultation with the
provincial ministry charged with minerals and mining matters, and include conditions
in approving mineral exploration applications.
b) Conditions may include conditions concerning proximity to existing development,
limiting hours of mechanized operations, requirements to restore areas where ground
has been disturbed, removal of vehicles, equipment and trash when finished,
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restoration of roads, trails, vegetation and drainage features, and the like.
c) The Authority may require a site restoration surety and/or other guarantees of
satisfactory compliance. In lieu of that requirement, the Authority shall accept the
requirement for the same submitted to the Department of Natural Resources under
provincial quarries legislation.
2) Mineral Workings
a)
Separation from Adjacent Uses
From the nearest dwelling or other sensitive receptor
Minimum Distance of
Mineral Working
300 metres*
From abutting private property, and must have written permission of
abutting property owner
15 metres*
Any other developed area or area likely to be developed during
the life of the pit or quarry working
Public highway or street
150 metres or more as required in the
Use Zone Table for the Zone
300 metres
Waterbody, including the sea or watercourse
50 metres (30 metres if wetland or ephemeral watercourse)*
Where a minimum required distance was originally observed when choosing the location of a
mineral working, the mineral working shall not be discontinued or impeded where the buffer is
reduced to less than the required distance due to encroachment of development towards the
mineral working.
* These criteria are found in the Standard Terms and Conditions for all quarry permits, leases and
subordinate quarry permits issued pursuant to the Quarry Materials Regulations
under the Quarry Materials Act (O.C. 96/248). Those not marked * are devised by Council.
b) Operation of the Mineral Working:
1.
Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any waterbody or watercourse. Any access road to a pit
or quarry working which crosses a brook or stream shall be bridged or culverted at
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II.
the crossing in accordance with provincial government regulations.
Water Ponding
No mineral working shall result in the excavation of areas below the level of the
water table nor in any way cause the accumulation of ponding of water in any part of
the site. Settling ponds may be permitted with the approval the provincial
government.
111.
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of
adjacent land.
1v.
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and
abandoned equipment and any derelict buildings.
v.
Access Roads
VI.
During extended periods of shutdown, access roads to a mineral working shall be
ditched or barred to the satisfaction of the Authority.
Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron
stained layer, shall be stripped and stockpiled at least 5 metres from active quarry
or stockpile areas. The owner or operator shall ensure that the quality of the
topsoil is not affected by dilution with other materials.
c) Associated Processing and Manufacturing
1.
The Authority may permit processing and manufacturing use associated with mineral
workings provided that, in the opinion of the Authority, the use does not create a
nuisance nor is liable to become a nuisance or offensive by the creation of noise or
vibration, or by reason of the emission of fumes, dust, dirt, objectionable odour, or by
reason of unsightly storage of materials.
II.
All permanent or temporary buildings, plants and structures associated with
processing and manufacturing will be located so as not to interfere with the present or
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future extraction of aggregate resources.
111.
The Authority may specify a minimum separation distance between operating plant or
associated processing and manufacturing structure or equipment and adjacent
developed areas likely to be developed during the life of the mineral working.
d) Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried out by the
operation:
1.
All buildings, machinery and equipment shall be removed.
11.
All pit and quarry slopes shall be graded to slopes less than 20 degrees or to the
slope conforming to that existing prior to the mineral working.
111.
Topsoil and any organic materials shall be respread over the entire quarried area.
1v.
The access road to the working shall be ditched or barred to the satisfaction of the
Authority.
v.
If the mineral working contains reserves of material sufficient to support further
extraction operations, the Authority may require the work described above to be
carried out only in areas of the site where extraction has depleted reserves.
e) Screening and Fencing for Mineral Workings
A mineral working shall be screened or fenced in the following manner where it is visible
from a public street or highway, public park, developed area, or area likely to be
developed during the life of the use:
1.
Where tree screens exist between the use and adjacent public highways and streets
or other land uses ( excepting forestry and agriculture), the tree screens shall be
retained in a 30-metre wide strip of vegetation so that visibility of any part of the
use from the surrounding uses or streets will be prevented. The tree screens must
be maintained by the owner or occupier of the use to retain 30 metres in a forested
appearance. Where vegetation dies or is removed from the 30-metre strip, the
Authority may require new trees of a hardy species and of a minimum height of 1
metre be planted to fill in the areas affected to the satisfaction of the Authority.
ii.
Where no tree screens exist of sufficient width and density to constitute a visual
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screen, earthen berms shall be constructed to a height sufficient to prevent
visibility of any part of the use from adjacent uses (excepting forestry and
agriculture), or adjacent public highways and streets and public parks. The berms
shall be landscaped to the Authority's satisfaction.
111.
Where natural topography creates a visual screen between a mineral working or
scrapyard and adjacent public highways and streets or public parks or other land
use (excepting forestry and agriculture), additional screening may not be required.
1v.
The Authority may require the mineral working site or excavated areas of a pit or
quarry working to be enclosed by a fence designed and constructed to its
specifications and no less than 1.8 metres in height.
3) Application to Mining, Petroleum Exploration and Petroleum Extraction
The requirements of Regulation 44(1) and (2) shall also apply to mining, petroleum
exploration and petroleum extraction class uses.
45. Livestock Structures and Uses
(1)
No structure or land for keeping animals representing any number of Animal
Units as defined in Schedule A (or similar species for which manure management,
odour or other impacts on neighbouring non-agricultural land uses would be
expected) for any purpose, unless the structure and land used for outdoor ranges
are located in the Rural (RUR) Zone and complies with the following
requirements:
(a)
The structure and/or outdoor range shall be at least:
1.
400 metres from the centreline of Highway 430, and,
11.
at least 300 metres from an existing residence except that a farm
residence which may comprise a single dwelling structure associated
with the agricultural use is permitted.
(b)
The structure shall be at least 60 metres from the boundary of the property
on which it is to be erected.
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(d)
The erection of the structure and use of land for agricultural purposes shall
be approved by the Department of Fisheries and Land Resources and the
Department of Municipal Affairs and Environment.
(2)
No development for residential use shall be permitted within 600 m of a lawfully
existing structure designed to contain more than five Animal Units unless the
development is first approved by the Department of Fisheries and Land
Resources.
46. Archaeological Resources and Heritage Sites
(1) Any proposal or application for a development that requires ground disturbance shall be
reviewed by the Authority to determine whether the site may be a site protected under the
Historic Resources Act and if so to be referred to the Provincial Archaeology Office for
assessment and clearance before any permit is issued or work commences.
(2) Should any artifacts be discovered during work on any site, work is to stop and the site is to
be secured until such an assessment has been conducted and the Authority and the Provincial
Archaeology Office have determined what, if any, work may resume and under what
conditions.
(3) After proper notice and consultation, the Authority may designate lands, districts or
structures as heritage properties, areas or buildings and require that conditions pertaining to
protection, development, appearance and upkeep are attached to any approvals of the
Authority.
47. Lot Area and Size Exceptions
(1) No lot shall be reduced in area, either by the conveyance or alienation of any portion
thereof or otherwise, so that any building or structure on such lot shall have a lot
coverage that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less
than that permitted by these 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
not be deemed to form part of an adjacent lot for the purpose of computing !he area
thereof available for building purposes.
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(3) Where, at the time of coming into effect of these Regulations, one or more lots already
exist in any zone, with insufficient frontage or area to permit the owner or purchaser of
such a lot or lots to comply with the provisions of these Regulations, then these
Regulations shall not prevent the issuing of a permit by the Authority for the erection of a
building(s), provided that the lot coverage and building height(s) are not greater than, and
the yards and floor area are not less than, the standards set out in these Regulations.
(4) Subsidiary apartments in single dwellings shall be considered part of the single dwelling
structure for the purpose of calculating lot area, lot coverage, and yards.
48. Fronting on a Public Street; Flag Lots
(I) Except where provided for in Regulation 37(1) or the Use Zone Tables in Schedule C of
these Regulations, no building shall be erected unless the lot on which it is situated fronts
onto a street or forms part of a comprehensive development. A flag lot is deemed to
front on a street by virtue of its leg providing access to a street (see the Definition of Flag
Lot in Schedule B for Flag Lot).
(2) Development on a flag lot and/or subdivision of land to create a flag lot are permitted
provided that the requirements for lot area are satisfied in the main body of the flag lot,
and that the minimum interior dimension of the main body of the flag lot is at least the
minimum frontage required. The location of all main or accessory buildings on a flag lot
shall provide for yards in the main body of the lot of at least the dimensional minimum
requirements of the building line setback, side yard widths, and rear yard depths
ordinarily required, as if the main body of the flag lot were an ordinary lot where most or
the whole width of the lot abuts the street. Whereas the ordinary meanings of side, front
and rear yards are not relevant to a flag lot, any yard in a flag lot can be deemed the front,
side or rear yard for this purpose.
(3) Except as otherwise set out in the Use Zone Tables in Schedule C, the minimum width of
the leg which provide·s access to a street shall be 6 metres at every point along its length,
including the length of the leg where the flag lot fronts on a street. Where the full
required width cannot be provided in fee simple within the area of the leg of the flag lot,
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by reason of limited space between lot lines and existing structures or other physical
features, all or part of the required leg width may be composed of a perpetual license or
easement for vehicular and pedestrian access across the abutting land, in favour of the
flag lot. For clarity, the leg may be comprised entirely of a perpetual license or easement
for vehicular and pedestrian access across the abutting land. The said license or easement
for access across abutting lands shall not be deemed for the purpose of Regulation 4 7 to
be an alienation or conveyance having the effect of reducing the lot area of the abutting
lot.
49. Non-Conforming Use
(Refer to Minister 's Development Regulations, Section 14, 15, 16,
17, January 2, 2001)
Pursuant to Section 108 of the Urban and Rural Planning Act, 2000:
1) Notwithstanding the Municipal Plan, scheme or regulations made under the Urban and
Rural Planning Act, 2000, the Authority shall, in accordance with regulations made under
this Act, allow a development or use of land to continue in a manner that does not
conform with a regulation, scheme, or plan that applies to that land provided that the non-
conforming use legally existed before the registration under section 24 of the Act,
scheme or regulations made with respect to that kind of development or use.
2) Notwithstanding subsection (1), a right to resume a discontinued non-conforming use of
land shall not exceed 3 years after the discontinuance of that use.
3) A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (1):
i)
shall not be internally or externally varied, extended or expanded unless otherwise
approved by the Authority;
ii) shall not be structurally modified except as required for the safety of the building,
structure or development;
iii) shall not be reconstructed or repaired for use in the same non-conforming manner
where 50% or more of the value of that building, structure or development has
been destroyed;
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iv) may have the existing use for that building, structure or development varied by
the Authority to a use that is, in the Authority's opinion, more compatible with the
plan and regulations applicable to it;
v) may have the existing building extended by approval of the Authority where, in
the Authority's opinion, the extension is not more than 50% of the existing
building;
vi) where the non-conformance is with respect to the standards included in these
development regulations, shall not be expanded if the expansion would increase
the non-conformity and an expansion must comply with the development
standards applicable to that building, structure or development;
vii)where the building or structure is primarily zoned and used for residential
purposes, it may, in accordance with the municipal plan and regulations, be
repaired or rebuilt where 50% or more of the value of that building or structure is
destroyed but the residential building or structure, and where being repaired or
rebuilt, must be repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
4) Before making a decision to vary an existing use of a non-conforming building,
structure or development, the Authority, at the applicant's expense, shall give public
notice as described in Regulation 32, of an application to vary the existing use of a non-
conforming building, structure or development and shall consider any representations or
submissions received in response to that advertisement.
50. Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or accumulation of materials which may emit noxious,
offensive or dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive
noise or vibration, or create any nuisance that has an unpleasant effect on the senses
unless its use is authorized by the Authority and any other authority having jurisdiction.
Solid waste materials shall not under any circumstances be used as fill for buildings and
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lots. Wrecked or inoperable vehicles, machinery or equipment of any kind shall not be
stored or abandoned where it may be in public view.
51. Natural Hazards to Building
The following ,requirements are intended to prevent or mitigate exposure to hazards of landslides,
rock falls, avalanches, flooding, coastal erosion and climate change, but do not apply to the
Coastal Erosion (CER) Zone (see the Use Zone Table in Schedule C for requirements applicable
to that area):
1) Council may require that any proposal for the erection of a structure on a site which is
potentially subject to flooding, sea level rise, coastal erosion or any other physical hazard
near watercourses and the sea, must be certified by a professional engineer to ensure that
development of the site can take place without danger to health or safety, within a one
hundred year time period from the year in which application for the development was
made;
2) A specific requirement concerning sea level rise and coastal erosion is that new
development must be above the current 2 metre contour, and be set back at least 30
metres from any shores of Parson's Pond River and Parson's Pond and any other inland
water body subject to tidal influence, to provide a buffer against coastal erosion, except
that the following are permitted:
a. Structures or land uses requiring direct access to salt water, including wharves,
breakwaters, slipways and boathouses, and if approved to be in accordance with
the Department of Municipal Affairs and Environment's Guidelines for the
Construction and Maintenance of Wharves, Breakwaters, Slipways and
Boathouses;
b. Public works, such as water and sewer services and electrical lines;
c. Recreational open space class and trails;
d. Mineral workings if permitted in the use zone table;
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e. A lesser setback but in no case less than 15 metres, where the proponent can
demonstrate that the building(s) would be founded directly on bedrock rather than
on surficial soils, loose rock, or severely fractured bedrock;
f.
Enlargement or renovation of main building(s) which are located within the
required setback from the shore, and accessory buildings which may be developed
subject to the ordinarily applicable requirements in the use zone table.
2) Any proposal for development of a site having a slope in excess of 20% must be certified
by a geotechnical professional engineer as having low risk of landslide, avalanche, and
rockfall.
3) Further to the above, development must conform to the requirements of the use zone
table for the applicable zone.
52. Off-Street Parking and Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or established, there
shall be provided and maintained a number of off-street parking spaces sufficient
to ensure that the flow of traffic on adjacent streets is not impeded by the on-street
parking of vehicles associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use or
occupancy shall conform to the standards set out in in the "Parking
Requirements;' column in the table in Schedule B of these Regulations, the
Classification of Uses of Land and Buildings.
(3)
Each parking space, except in the case of single or double dwellings, shall be
made accessible by means of a durably surfaced aisle at least 4 m in width for
one-way travel. Parking required for a development shall be provided on the
same lot as the main use; the Authority at its discretion may permit off-lot parking
where a registered license or easement to do so in favour of the development and
the Authority is recorded against the land on which the off-lot parking is located.
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(4)
The parking facilities required by this Regulation shall, except in the case of
residential developments in the classes of single dwellings, double dwellings, row
dwellings, boarding houses, seasonal dwellings and mobile homes, be arranged so
that it is not necessary for any vehicle to reverse onto or from a street, except
where exempted by the Authority.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted:
a) parking space shall mean an area of land, not less than 2.75 m wide oy 5.80 m
long for perpendicular parking or 7 m long for parallel parking, capable of being
used for the parking of a vehicle without the need to move other vehicles on
adjacent areas, and any driveway from the street into the parking area and the
aisles in a parking area which give access to parking spaces shall be at least 7.3 m
wide;
b) the parking area shall be constructed and maintained to the specifications of the
Authority;
c) the lights used for illumination of the parking area shall be so arranged as to
divert the light away from adjacent development;
d) a structure, not more than 3 m in height and more than 5 m2 in area may be
erected in the parking area for the use of attendants in the area;
e) except in zones in which a service station is a permitted use, no gasoline pump or
other service station equipment shall be located or maintained on a parking area;
f) no part of any off-street parking area shall be closer than 1.5 m to the front lot line
in any zone;
g) access to parking areas in non-residential zones shall not cross zone boundaries;
h) where a parking area is in or abuts a residential use, a natural or structural barrier
at least 1 m in height shall be erected and maintained along the abutting lot lines;
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i)
where, in the opinion of the Authority, strict application of the above parking
requirements set out in a) through h) is impractical, unnecessary or undesirable,
the Authority may waive part or all of the requirements, or, as a condition of a
permit require the developer to pay a service levy in accordance with these
Regulations in lieu of the part or all of the requirement for parking whereby the
full amount of the levy charged shall be used by the Authority for the provision
and upkeep of alternative parking facilities within the general vicinity of the
development.
(6)
For every building, structure or use to be erected, enlarged or established
requiring the shipping, loading or unloading of animals, goods, wares or
merchandise, there shall be provided and maintained for the premises loading
facilities on land that is not part of a street comprised of one or more loading
spaces, so configured that shipping vehicles can manoeuvre clear of any street.
The number and configuration of loading spaces to be provided, if any, shall be
determined by the Authority.
53. Parks, Playgrounds and Conservation Uses
(1) Nothing in these Regulations shall prevent the establishment of conservation areas or
parks and playgrounds in any zones provided that such parks and playgrounds are not
located in areas which may be hazardous to their use and are not operated for commercial
purposes.
(2) Nothing in these Regulations shall prevent the Authority from establishing conservation
areas in any part of the Planning Area.
54. Screening and Landscaping
(1) The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit where, in the opinion of the Authority, the
landscaping or screening is desirable to preserve amenity, or protect the environment.
(2) The Authority may, in the case of existing unsightly development, order the owner or
occupier to provide adequate and suitable landscaping or screening; and for this purpose
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may require the submission of an application giving details of the landscaping or
screening, and these Regulations shall then apply to that application.
55. Services and Public Utilities
(I) The Authority may within any zone permit land to be used in conjunction with the
provision of public services and public utilities if the use of that land is necessary to
the proper operation of the public service or public utility concerned provided that the
design and landscaping of any development of any land so used is, in the opinion of
the Authority, adequate to protect the character and appearance of the area.
(2) Development to be serviced with private water supply and/or private sewage disposal
systems shall not be approved by the Authority or occupied unless the requisite
Certificates of Approval have been approved by the provincial government.
56. Sen1ice Stations
The following requirements shall apply to proposed service stations:
a) All gasoline pumps shall be located on pump islands designed for such purpose,
and to which automobiles may gain access from either side.
b) Pump islands shall be set back at least 4 metres from the front lot line.
c) Accesses shall not be less than 7 .3 metres wide and shall be clearly marked, and
where a service station is located on a corner lot, the minimum distance between
an access and the intersection of street I ines at the junction shall be 10 metres and
the lot line between entrances shall be clearly indicated.
57. Building Near Highway 430
As required under the following regulations, applications for development (including
trees, shrubs, hedges, and new construction of fences, buildings or other structures)
within the specified distances of the centreline of Highway 430 must be approved by the_
provincial government in addition to approval by the Authority, and the Authority will
require proof of approval in this regard:
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a) Building Near Highways Regulations, under the Works, Services and
Transportation Act: for any action to erect, repair, alter or structurally improve a
fence, building or other structure, or to plant trees, shrubs or hedges, within 20
metres [for this class of highway] from the centre line of the highway.
b) Protected Roads Zoning Regulations, under the Urban and Rural Planning Act:
for any development within 150 metres from the centre line of the roadway for
locations within the planning area but outside the municipal boundary, or,
withinl00 metres from the centre line of the roadway where within the municipal
boundary.
c) Highway Sign Regulations, under the Urban and Rural Planning Act: for any
sign within 400 metres from the centre line of the roadway for locations within
the planning area but outside the municipal boundary, or, within 100 metres from
the centre line of the roadway where within the municipal boundary.
58. Removal of Quarry Materials
(1) Quarry materials produced as a by-product of an approved development may be
removed from the development site. Quarry materials include but are not limited to
aggregate, fill, rock, stone, gravel, sand, clay, borrow material, topsoil, overburden,
subsoil, and peat.
(2) The Authority will notify the Department of Natural Resources where the Authority
has issued a permit for a development involving removal of quarry materials.
(3) Removal of subject materials from a development site is deemed to be an accessory
use to the development, but only for the term of the construction activity.
(4) When the site development has been completed, the area affected shall be suitably
landscaped and drained in accordance with a plan approved by the Authority.
(5) If the site work is expected to be extensive, or found during the course of the work to
be extensive, the Authority may require the deposit of a surety in the amount of
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$500.00 which shall be returned to the developer upon satisfactory completion of the
work.
59. Site Development Grading and Drainage
(1) Before approving the development of any site, the Authority shall take into
consideration the adequacy of site grading, drainage and landscaping and the potential
of the development to cause erosion onto and pollution of adjacent development and
lands and bodies of water receiving drained water from the site, and related matters.
(2) The Authority shall ensure that the development is not inappropriate by reason of:
a) Precipitating or contributing to a pollution problem in the area, or,
b) Causing erosion or sedimentation.
(3) A permit shall not be required for the ordinary landscaping and vegetation of the
surface of the land, but shall be required for excavation or filling and information for
this permit requirement may be satisfied by showing the details on a permit
application for 5tructures which are part of the same development.
( 4) The Authority may require a site grading plan to show the works required to ensure
adequate drainage of the lot into channels and other storm management works
approved by the Authority, and the site grading plan shall be made a condition of the
permit.
60. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to
satisfy the yard and other allowances called for in the Use Zone in which it is located and
the allowances shall be retained when the adjacent land is developed.
61. Number of Buildings on a Lot; Comprehensive Development
(1) No more than one single dwelling or mobile home shall be located on a lot, except in a
mobile home park or in a comprehensive development.
(2) A comprehensive development may be approved provided its features are compatible
with adjacent developments and that any dwellings are designed to provide both privacy
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and reasonable access to natural daylight. Comprehensive developments must be located
within the municipal boundary and serviced with municipal central water and sewer
services, and must have access to a publicly owned and maintained road but may include
both public and private roads. The uses which may be developed are those uses which
are permitted or approvable at Council 's discretion in the applicable Zone. The usual
requirements in these Development Regulations are applicable but where necessary to
good, acceptable design they may be modified or waived.
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PART III - ADVERTISEMENTS
62. Permit Required
Subject to the provisions of Regulation 67, no advertisement (sign) shall be erected or displayed
in the Planning Area unless a permit for the advertisement is first obtained from the Authority.
63. Form of Application and Permit
Applications for permits to erect an advertisement shall be made pursuant to Regulation 17.
64. Advertisements Fronting on Public Highway or Street Reservation
No advertisement shall be erected fronting on or within, on or over any public highway or street
reservation, except where approved by the Authority and the provincial government (see
Regulation 57 for requirements for installations near Highway 430).
65. Standards of Construction and Location
a) A sign shall not be erected, posted or placed where in the opinion of the Authority, it
would be hazardous to road traffic by reason of siting, illumination or structural
condition.
b) The materials and design of construction thereof shall be to the satisfaction of the
Authority.
66. Removal of Advertisements
The Authority may require the removal of any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination, or structural
condition,
(b)
obsolete by virtue of no longer referring to an existing place or event;
(c)
unsightly or otherwise detrimental to the appearance and amenities of the
surrounding area.
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67. Advertisements Exempt from Control
The following advertisements may be erected without application to the Authority, and the
Authority may at its discretion approve larger advertisement areas which may be subject to
conditions directed by the Authority (areas apply to each visible sign face):
a) a posting of a candidate during an election to a public body;
b) on a dwelling, one nameplate not exceeding 0.28 m2 in area;
c) a notice posted by a public authority, including a guide or information sign;
d) a sign placed by a telephone, telegraph or electric power company to indicate danger;
e) a sign, not exceeding 0.5 square metres, advertising the sale or rental of land;
f) a notice board not exceeding 1.5 m2 in area and relating to the operations being
conducted on the land for resource industry, church, public building or similar use;
g) on the principal facades of any commercial, industrial or public building, the name of
the building or the name of the occupants of the building, in letters not exceeding one-
tenth of the height of that facade or 3 m, whichever is the lesser; and provided that the
overall sign image so created does not exceed 5 square metres.
h) on any parking lot directional signs and one sign not exceeding 1 m2 in size, identifying
the parking lot.
68. Temporary Signs
(1) A portable sign shall be deemed to be a temporary sign.
(2) A temporary sign may be permitted in any zone for a period not exceeding 30
consecutive days, provided that the sign does not exceed 4 square metres in area, does not
create or aggravate a traffic hazard, such as blocking a sight line, and does not feature
materials, design, illumination and colour in keeping with the character and appearance
of the area.
69. Non-Conforming Uses
A permit may be approved for advertisements which comply with this Part III notwithstanding
that the main use on the lot is non-conforming.
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PART IV - SUBDIVISION OF LAND
70. Permits Required and Sureties
(I) No land in the Planning Area shall be subdivided unless a permit for the development of
the subdivision is first obtained from the Authority.
(2) Notwithstanding the approval of a subdivision by the Authority, a separate permit shall
be obtained pursuant to these Development Regulations for each building proposed to be
erected in the area of the subdivision, and no such permit for any building in the area
shall be issued until the developer has complied with all the provisions of these
Regulations with respect to the development of the subdivision and the building.
(3) Before an approval in principle or permit is issued for a subdivision requiring the
construction and/or upgrading of roads and/or municipal water and/or sewer services, the
Authority shall require the deposit of a construction guarantee and surety in a form
satisfactory to the Authority to ensure the completion of work in accordance with the
approval (see also Regulation 14). The requirements for a surety, along with other
matters, may be set out in a Subdivision Policy adopted by the Town and any agreements
pursuant to it.
71. Services to be Provided
(I) No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Authority have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system. Private water supplies and/or private sewage disposal systems shall not
be recognized by the Authority unless the requisite Certificates of Approval has been
granted by the provincial government authorities.
(2) Approval of subdivisions involving five or more lots or the addition of unserviced lots to
existing unserviced subdivisions will require that a groundwater assessment be done in
accordance with provincial government policy, to ensure that a satisfactory water supply
will be available for the anticipated development.
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72. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Authority for connection to services,
utilities and streets deemed necessary for the proper development 0f the subdivision, and
all service levies and other charges imposed under Regulations 13, 14, 82 and 83.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Authority shall,
without limiting the generality of the foregoing, consider the provisions of the Municipal
Plan and Regulations affecting the site and the following:
a) location of the land and natural features such as lakes, streams, and vegetation;
b) the availability of and the demand created for schools, services, and utilities;
c) the land use, physical form and size of buildings anticipated to be developed on
the new lots and the character of adjacent developments related the same factors;
d) the transportation network and traffic densities affecting the site;
e) the relationship of the project to existing or potential sources of nuisance;
f) topography, soil and subsoil characteristics of each lot, and the related difficulty
or cost of landscaping and access;
g) the drainage of the site and potential for affecting drainage of adjacent land;
h) prevailing winds;
i) visual quality;
j) community facilities;
k) energy conservation;
I)
such other matters as may affect the proposed development.
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74. Concept and Final Plans
(I) Where a larger subdivision of land and/or subdivision of land entailing the construction
of new roads is proposed, the Authority must grant an Approval in Principle (see
Regulation 20) for a concept plan and the arrangements for construction guarantees and
sureties (see Regulation 70(3)) before the developer can proceed to the preparation of
construction (final, detailed) drawings and a permit is issued for the subdivision.
(2) The concept plan shall show the following:
a) A legal survey of the land included in the subdivision,
b) A detailed description of the types and standards of development and services
proposed for the subdivision,
c) The layout of roads, lots, open spaces, and other pertinent features of the
development,
d) The phasing of the development,
e) The estimated costs of the works in the development, by phase, as certified by a
professional engineer and verified by the Authority's engineer.
(3) Upon approval of the concept plan, a Final Plan containing the construction (final,
detailed) drawings, costings for the design and construction of works, and other
information as requested by the Authority, shall be prepared and approved by the
Authority and other relevant agencies before construction shall proceed.
75. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in
accordance with Regulation 17.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
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77. Building Lines
The Authority may establish building lines for any subdivision street and require any new
buildir.g to be located on such building lines. In the case of any flag lots which would be
created in the subdivision, the building lines will not necessarily be parallel to the street
line but will reflect the appropriate orientation of buildings and yards in the main body of
the flag lot(s).
78. Land for Public Open Space
( 1) Before a development commences, the developer shall, if required, dedicate to the
Authority, at no cost to the Authority, an area of land equivalent to not more than I 0% of
the gross area of the subdivision for parkland or other public use, provided that:
a) if, in the opinion of the Authority, no parkland is required, the land may be used
for such other public use as the Authority may determine;
b) the location and suitability of any land dedicated under the provisions of this
Regulation shall be subject to the approval of the Authority but in any case, the
Authority shall not accept land which, in its opinion is incapable of development
for any beneficial purpose;
c) the Authority may accept from the developer in lieu of such area or areas of land
the payment of a sum of money equal to the value of the land which would
otherwise be required to be dedicated;
d) money received by the Authority in accordance with Regulation 78(1 )(d) above,
shall be reserved by the Authority for the purpose of the acquisition or
development of land for public open space or other public purpose.
(2) Land dedicated for public use in accordance with this Regulation shall be conveyed to the
Authority and may be sold or leased by the Authority for the purposes of any
development that conforms with the requirements of these Regulations, and the proceeds
of any sale or other disposition of land shall be applied against the cost of acquisition or
development of any other land for the purposes of public open space or other public
purposes.
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(3) The Authority may require a strip of land to be reserved and remain undeveloped along
the banks of any river, brook or pond, or across or along the boundary(s) of the area
being subdivided or any other area in the Planning Area, or any combination thereof, and
this land may, at the discretion of the Authority, constitute the requirement of land for
public use under Regulation 78(1 ).
(4) Lands required by the Town for storm water management, roads, public services, public
utilities, and environmental protection shall be in addition to the requirement for public
open space.
79. Structure in Street Reservation
The placing within any public highway or street reservation of any structure (for
example, an electrical power, telegraph or telephone pole, fire hydrant, mail box, fire
alarm, or sign post) shall receive the prior approval of the Authority and the provincial
government which shall be satisfied on the question of safe construction and relationship
to the adjoining buildings and other structures within the street reservation.
80. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations
unless the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
A cul de sac shall not be permitted unless the Town is satisfied that there i3 not
reasonable alternative to developing of the property. Any water and sewer mams
shall to be designed as loops if feasible to avoid dead-ending.
( c)
Every cul de sac shall be provided with a turning circle of a diameter of not less
than 30 metres measured to the front lot lines of lots fronting on the turning circle.
(d)
The maximum length of any cul de sac shall be 300 m except where an
emergency vehicle access from the head of the cul de sac to another public street
is provided. An emergency vehicle access from another public street to the head
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of a cul de sac shall be not less than 3 m wide and shall be provided with gates to
prevent use as-an ordinary street.
( e)
Intersection design shall be approved by the Authority and the provincial
government.
(f)
New subdivisions shall have street connections with an existing street or streets.
(g)
All street intersections shall be constructed within 5 degrees of a right angle and
this alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(i)
No more than four streets shall join at any street intersection.
(j)
No street block shall be longer than 500 m between street intersections, measured
to the intersection of street centrelines for which road reserves to access adjacent
lands shall be deemed to form intersections for this purpose.
(k)
Streets in subdivisions shall be designed in accordance with the approved
standards of the Authority, but in the absence of such standards, shall conform to
the following minimum standards:
Type of Street
Street
Pavement
Sidewalk
Sidewalk
Reser-
Width
Width
Number
vation
Local streets:
15 m
7 m or
1.5 m
1
more as
required
by
Council
(I)
No lot intended for residential purposes shall have a depth exceeding four times
the frontage except where topography or unusual dimensions of the lot being
subdivided make this impractical.
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(m)
Residential lots shall not be permitted which abut a local street at both front and
rear lot lines unless the circumstance is beyond the control of the proponent.
(n)
The Authority may require any existing natural, historical or architectural feature
or part thereof to be retained when a subdivision is developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the de.velopment of
adjoining land, and each lot shall be laid out so as to maximize the usefulness of
the land to the eventual occupant, with regard to positioning of buildings,
driveways, and outdoor storage and activity areas, and street reserves of
regulation width and configuration shall be left to provide connections to future
streets on adjacent lands as directed by the Authority.
(p)
No more than two legs of flag lots shall abut at the street line.
( q)
A lot to be created for an existing cemetery use or expansion thereof may be of
any size and the requirements for access to a public street and for dedication for
public open space shall be waived.
81. Engineer to Design Works and Certify Construction Layout
( 1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers and
all appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all
other utilities deemed necessary by the Authority to service the area proposed to be
developed or subdivided shall be designed and prepared by or approved by the Engineer,
and shall comply with the current Municipal Water, Sewer and Road Master Construction
Specifications promulgated by the Province of Newfoundland and Labrador.
(2)
Upon approval by the Authority of the proposed subdivision, the Engineer shall certify all
construction layout on the ground, prior to the construction of the works and thereupon
the developer shall proceed to the construction and installation, at his own cost and in
accordance with the approved designs and specifications and the construction layout
certified by the Engineer, of all such water mains, hydrants, sanitary sewers and all
appurtenances and of all such streets and other works deemed necessary by the Authority
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to service the said area. The Engineer may approve such certifications by other
engineers.
82. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority or directly to the Engineer, at the choice of the
Authority, all the Engineer's fees and charges for the preparation of designs and
specifications and for the layout and supervision of construction, or for the Engineer to
review such work by others; such fees and charges being calculated in accordance with
the Schedule of Fees recommended by the Association of Professional Engineers of
Newfoundland, or equivalent, in effect at the time the work is carried out.
83. Street Works May Be Deferred
( 1) The construction and installation of all curbs and gutters, catch basins, sidewalks and
paving specified by the Authority as being necessary, may, at the Authority's discretion,
be deferred until a later stage of the work on the development of the subdivision but the
developer shall deposit guarantees and sureties satisfactory to the Authority in
accordance with the policies of the Authority before approval of his application, an
amount estimated by the Authority's Engineer as reasonably sufficient to cover the cost
of construction and installation of the works, including a contingency allowance.
(2) In the later stage of the work of development, the Authority shall call for tenders for the
work of construction and installation of the works and carry out the works, and the
amount so deposited by the developer shall be applied towards payment of the contract
cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the
amount of the excess. If the contract price is less than the deposit, the Authority shall
refund the amount by which the deposit exceeds the contract price. Any amount so
deposited with the Authority by the developer shall be placed in a separate savings
account in a bank and all interest earned thereon shall be credited to the developer.
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84. Transfer of Streets and Utilities to Authority
( 1)
The developer shall, following the approval of the subdivision of land and upon request
of the Authority, transfer to the Authority, at no cost to the Authority, and clear of all liens and
encumbrances:
a) all lands in the area proposed to be developed or subdivided which are approved and
designated by the Authority for public uses as streets, or other rights-of-way, or for other
public use;
b) all services or public works including streets, water supply and distribution and sanitary
and storm drainage systems installed in the subdivision that are normally owned and
operated by the Authority.
(2)
Before the Authority shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at the expense of the developer, test the streets, services and
public works installed in the subdivision and certify his satisfaction with their installation.
(3)
The Authority shall not provide maintenance for any street, service or public work in any
subdivision until such time as such street, service or public work has been transferred to and
accepted by the Authority.
85. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until the Authority is satisfied that the lot c:m
be served with satisfactory water supply and sewage disposal and satisfactory access to a street is
provided for the lots.
86. Grouping of Buildings and Landscaping
A plan of subdivision may make provision for the grouping of building types and for
landscaping in order to enhance the visual aspects of the completed development and to make the
most use of existing topography and vegetation. Building groupings, once approved by the
Authority, shall not be changed without written application to and subsequent approval of the
Authority.
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PART V - USE ZONES
87. Use Zones
(1) For the purpose of these Regulations, the Planning Area is divided into Use Zones which
are shown on the Land Use Zoning Maps 1 and 2, attached to and forming part of these
Regulations.
(2) Subject to Regulation 87(3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in the Use
Zone Tables in Schedule C of these Regulations.
(3) Where standards, requirements and conditions applicable in a Use Zone are not set out in
the Use Zone Tables in Schedule C, the Authority may in its discretion, determine the
standards, requirements and conditions which shall apply.
88. Use Groups, Divisions and Classes
The specific uses to be included in each Use Group, Division and Class set out in the Use
Zone Tables in Schedule C shall be determined by the Authority in accordance with the
classification and examples set out in Schedule B. The examples do not constitute the
whole range of possibilities which may be found in their respective classes.
89. Permitted Uses
(1)
Subject to these Regulations, the uses that fall within the Permitted Use Groups,
Divisions, and Classes set out in the appropriate Use Zone Table in Schedule C
shall be permitted by the Authority in that Use Zone.
(2)
Where the permitted use is expressed by the title of a "Group" shown in Schedule
B, all of the uses in the divisions and classes of uses under that title shall be
permitted, and likewise where the permitted use is expressed by the title of a
"Division" shown in Schedule B, all of the uses in the classes of uses under that
title shall be permitted.
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90. Discretionary Uses
(1)
Subject to these Regulations, the uses that fall within the Discretionary Use
Classes set out in the appropriate Use Zone Table in Schedule C may be permittP.d
in that Use Zone if the Authority is satisfied that the development would not be
contrary to the general intent and purpose of these Regulations, the Municipal
Plan, or any further scheme or plan or regulation pursuant thereto, and to the
public interest, and if the Authority has given notice of the application in
accordance with Regulation 32 and has considered any objections or
representations which may have been received on the matter.
(2)
Where the discretionary use is expressed by the title of a "Group" shown in
Schedule B, all of the uses in the divisions and classes of uses under that title r,rny
be permitted, and likewise where the discretionary use is expressed by the title of
a "Division" shown in Schedule B, all of the uses in the classes of uses under that
title may be permitted, subject to the provisions of subsection ( 1 ).
91. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in the
appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone.
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SCHEDULE A: DEFINITIONS
ACCESS: A way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street. (Refer to Minister 's
Development Regulations, January 2, 2001)
ACCESSORY BUILDING:
(i)
A detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is
customarily incidental or complementary to the main use of the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for
domestic pets, or radio and television antennas,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks.
(Refer w Minister 's Development Regulations, January 2, 2001)
ACCESSORY USE: A use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use. (Refer to Minister's
Development Regulations, January 2, 2001)
ACT: The Urban and Rural Planning Act, 2000.
ADVERTISEMENT: Any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part for
the purposes of advertisement, announcement or direction; excluding such things employed
wholly as a memorial, or functional advertisement of Councils, or other local authorities, public
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As approved by Council 11 August 2020
utilities and public transport undertakers, and including any boarding or similar structure used or
adapted for use for the display of advertisements.
AG RI CULTURE: Horticulture, fruit growing, grain growing, crop growing, seed growing,
dairy farming, the breeding or rearing of livestock, including an animal kept for the production
of food, wool, skins, or fur, or for the purpose of its use in the farming of land, the use of land as
grazing land, meadow land, market gardens and nursery grounds and the use of lands for
woodlands where that use is ancillary to the farming of land for another purpose. "Agricultural"
shall be construed accordingly.
AMUSEMENT USE: The use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pinball games and slot
machine arcades and billiard and pool halls.
ANIMAL UNIT: Any one of the following animals or groups of animals, wherein for species
not listed and for general calculation, one animal unit is equivalent to 454 kg live weight:
l bull;
1 dairy cow;
2 heifers;
2 beef cattle;
5 calves, veal or otherwise;
1 sow in farrow to finish operation;
3 sows in other than farrow to finish operations;
6 hogs;
3 hoars;
150 female mink (including associated males and kits);
200 rabbits;
40 foxes (including litters);
7 goats;
1 horse (including foals);
8 sheep (ewes);
16 sheep (lambs);
252 laying hens;
350 pullets;
70 broiler turkeys;
60 heavy turkeys;
40 heavy tom turkeys;
500 broiler chickens or roosters;
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Town of Parson ' s Pond Development Regulations for 2019 - 2029
As approved by Counci l 11 August 2020
ANTENNA: an electrical device that converts electric currents into propagating electric and
magnetic fields in the form of waves (i.e. radio waves or electromagnetic waves) and vice versa
(Reference: Safety Code 6: Health Canada's Radiofrequency Exposure Guidelines). For the
purpose of this Development Regulation, "antenna" has the same meaning as "antenna system",
which is a structure located outside of the walls and roofs of building structures or attached to
them, supporting equipment for the said purpose, comprising a mast or tower which is either self
supporting, attached to a building or another structure, or stayed with anchored guy wires, or
some combination thereof, wherein antennas which are shorter than 15 metres in height are
classed as "short", those taller as "tall".
APARTMENT BUILDING: A building containing three or more dwelling units, but does not
include a row dwelling.
APPLICANT: A person who has applied to an Authority for an approval or permit to carry out
a development.
APPEAL BOARD: The appropriate Appeal Board established under the Act.
ARTERIAL STREET: The streets in the Planning Area constituting the main traffic arteries of
the area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map.
AUTHORITY: The Town Council of Parson's Pond.
BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons
other than the immediate family of the owner or tenant.
BED AND BREAKFAST: An owner-occupied or owner-managed establishment for paid
temporary accommodation for up to 16 overnight guests that may include a dining room for the
use of overnight guests and their invitees. The establishment must be registered with and receive
a rating from Canada Select and must also be approved by the provincial government ministry
charged with tourism matters as a Bed and Breakfast operation.
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Town of Parson's Pond Development Regulations for 2019- 2029
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BOAT SHED or BOAT HOUSE or STAGE or WHARF: a building or structure located on
land or in the water, at the edge of a water body, and used to house or berth boats and to store
related gear and equipment.
BOAT HOUSE: see Boat Shed
BUILDING: As defined in the Urban and Rural Planning Act 2000, means:
(i) a structure, erection, alteration or improvement placed on, over or under land or
attached, anchored or moored to land,
(ii) mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar uses,
(iii) a part of and fixtures on buildings referred to in subparagraphs (i) and (ii), and
(iv) an excavation of land whether or not that excavation is associated with the intended
or actual construction of a building or thing referred to in subparagraphs (i) to (iii).
BUILDING HEIGHT: The vertical distance, measured in metres from the established grade to
the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks, steeples
and purely ornamental structures above a roof;
(Refer to Minister's Development Regulations, January 2, 2001)
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Town of Parson ' s Pond Development Regulations f o r 2019- 2029
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Note: informal illustrations are shown below to assist with interpretation of building height H.
(i) The highest point of the
roof surface of o flat roof
Flat Roof
(ii) The deck line of
a mansard roof
Mansard Roof
(iii) The mean height level between eave and ridge of a gable, hip or gambrel roof: .
Gable Roof
Simple Hip
Roof
Gambrel Roof
and in any case, a building height shall not include mechanical structure,
smokestacks, steeples and purely ornamental structures above a roof
BUILDING LINE: A line established by an Authority that runs parallel to a street line and is set
at the closest point to a street that a building may be placed. (Refer to Minister 's Development
Regulations, January 2, 2001)
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Town of Par son ' s Pond Development Reg ul ations for 20 1 9- 2029
As approved by Council 11 Augus t 2020
BUILDING LINE SETBACK: see Front Yard Depth.
COLLECTOR STREET: A street that is designed to link local streets with arterial streets and
which may be designated as a collector street in the Municipal Plan, or on the Zoning Map.
CONVENIENCE STORE: A small retail store that carries limited lines of goods, such as a
partial line of groceries, housewares, and clothing; gifts; and speciality items.
DAY CARE CENTRE or DAY NURSERY: A building or part ofa building in which services
and activities are regularly provided to children of pre-school age during the full daytime period
as defined under the Day Nurseries Act, but does not include a school as defined by the Schools
Act.
DEVELOPMENT: As defined in the Urban and Rural Planning Act 2000, the carrying out of
building, engineering, mining or other operations in, on, over, or under land, or the making of
any material change in the use, or the intensity of use of any land, buildings, or premises and the
(a)
making of an access onto a highway, road or way;
(b)
erection of an advertisement or sign;
(c)
parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an
office, or for living accommodation,
and excludes the
(d)
carrying out of works for the maintenance, improvement or other alteration or any
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building;
(e)
the carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the road
reservation;
(f)
the carrying out by a local authority or statutory undertakers of any works for the purpose
of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus,
including the breaking open of street or other land for that purpose; and
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Town o f Parson ' s Pond Development Regulations for 2019- 2029
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(g)
the use of a building or land within the courtyard of a dwelling house for a purpose
incidental to the enjoyment of the dwelling house as a dwelling.
DEVELOPMENT REGULATIONS: Regulations made under sections 34 to 38 of the Urban
and Rural Planning Act 2000.
DISCRETIONARY USE: A use that is listed within the discretionary use classes established in
the use zone tables of an Authority's development regulations. (Refer to Minister 's Development
Regulations, January 2, 2001)
DIRECTOR: The Director of Urban and Rural Planning or successor official.
DOUBLE DWELLING: A building containing two dwelling units, placed one above the other,
or side by side, but does not include a self-contained dwelling containing a subsidiary apartment.
DWELLING UNIT: A self-contained unit consisting of one or more habitable rooms used or
designed as the living quarters for one household.
ENGINEER: A professional engineer employed or retained by the Authority.
ESTABLISHED GRADE:
a) where used in reference to a building, the average elevation of the finished surface of the
ground where it meets the exterior or the front of that building exclusive of any artificial
embankment or entrenchment, or
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. (Refer to Minister 's Development Regulations,
January 2, 2001)
FAMILY AND GROUP CARE CENTRE: A dwelling accommodating up to but no more than
six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this
definition includes, but is not limited to, facilities called "Family and Group Homes", "Group
Homes", "Halfway Houses", and "Foster Homes" and is classified in the Classification Table in
Schedule B as "Family & Group Homes".
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Town of Parson 's Pond Deve l opmen t Regulat i ons for 20 1 9- 2029
As app roved b y Counci l 11 August 2020
FLAG LOT: A lot characterized by a shape in which the lot's main body of land is located some
distance from a street, typically lying behind other lots located along the street line, and in which
the main body of the lot is joined to the street by a narrow leg which provides access to the main
body of the flag lot. A flag lot is so named because its shape in a simple rectangular
configuration resembles a flag on a pole, where the main body of the lot is separated from the
street and access to the street is along the part of the lot, or by way of an easement or licence in
part or in whole across abutting land, having the narrow pole shape (the street lies at the foot of
the pole).
RECTANGULAR SHAPE
a
lot
b lot : lot :
STREET
a: main body of the flag lot
IRREGULAR SHAPE
----- ---- ~
lot :
lot
lot
b
STREET
b: leg or prolongation of the flag lot to
provide access to a street
The "pole" or leg lying
between the main body of
the lot and the street may
be of any configuration,
not necessarily of uniform
width; the minimum
width and composition
thereof are stated in the
Use Zone Tables. See the
illustration to the left.
FLOOR AREA: The total area of all floors in a building measured to the outside face of
exterior walls. (Refer to Minister 's Development Regulations, January 2, 2001)
FRONTAGE: The horizontal distance between side lot lines measured at the building line.
(Refer to Minister 's Development Regulations, January 2, 2001)
FRONT YARD DEPTH: The distance between the front lot line of a lot and the front wall of
the main building on the lot. This has the same meaning as "building line setback" as used in the
use zone tables.
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Town of Parson ' s Pond Deve l opment Regulations for 2 019- 20 29
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GARAGE: A building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up,
demolishing, or treating any article, commodity or substance. "Industry" shall be construed
accordingly.
GENERAL GARAGE: Land or buildings used exclusively for repair, maintenance and storage
of motor vehicles and may include the sale of gasoline or diesel oil or other motive fuel.
HAZARDOUS INDUSTRY: The use of land or bui (dings for industrial purposes involving the
use of materials or processes which because of their inherent characteristics, constitute a special
fire, explosion, radiation or other hazard.
HOME BUSINESS: A secondary use of a dwelling and/or its accessory buildings by at least
one of the residents of the dwelling to conduct a gainful occupation or business activity.
INSPECTOR: Any person appointed and engaged as an Inspector by the Authority or by any
federal or provincial Authority or the agent thereof.
INSTITUTION: A building or part thereof occupied or used by persons who:
(a)
are involuntarily detained, or detained for penal or correctional purposes, or whose
liberty is restricted, or;
(b)
require special care or treatment because of age, mental or physical limitations or
medical conditions.
LAND: As defined in the Urban and Rural Planning Act 2000, includes land covered by water,
and buildings and structures on, over, or under the soil and fixtures that form part of these
buildings and structures.
LIGHT INDUSTRY: Use of any land or buildings for any general industrial use that can be
carried out without hazard or intrusion and without detriment to the amenity of the surrounding
area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
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Town of Parson ' s Pond Development Regulations for 2019 - 2029
As approved by Council 11 Augus t 2020
LOCAL STREET: A street designed primarily to provide access to adjoining land and which is
not designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map.
LODGING HOUSE: A dwelling i!1 which at least 2 rooms are regularly rented to persons other
than the immediate family of the owner or tenant.
LOT: Any plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building. (Refer to Minister 's Development Regulations, January 2, 2001)
LOT AREA: The total horizontal area within the lot lines of the lot. (Refer to Minister's
Development Regulations, January 2, 2001)
LOT COVERAGE: The combined area of all buildings on the lot measured at the level of the
lowest floor above the es tab I ished grade expressed as a percentage of the total area of the lot.
(Refer to Minister's Development Regulations, January 2, 2001)
MARINA: A dock or basin together with associated facilities where slips, moorings, supplies,
repairs, and other services that are typically available for boats and other watercraft, including
storage, sales and rentals, with or without a club house and catering facilities. It can also include
a fishing stage or shed associated with a dock or wharf.
MINERAL EXPLORATION: the search for and sampling of minerals or quarry materials
where the activity or activities involved meet the definition of "development" under the Urban
and Rural Planning Act. "Mineral" and "quarry material" for the purpose of interpreting the
definition of mineral exploration (development) are as defined in the provincial Mineral Act and
Quarry Materials Act, 1998, respectively. Mineral exploration does not include mining or
mineral working (e.g., quarrying). Activities which meet the definition of mineral exploration
(development) are to be contrasted with mineral exploration activities that do not meet the
definition of development, examples of which typically include traditional prospecting,
geochemical sampling surveys ( of rock, soil, sediment, water, or vegetation), ground-based and
airborne geophysical surveys, and the cutting of survey I ines.
MINERAL WORKING: an operation consisting of one or more of the following activities: the
digging for, excavation, and removal of quarry materials (i.e., quarrying) (may involve blasting),
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Town o f Parson ' s Pond Deve l opment Regu l ations for 20 19- 2029
As a pproved by Counc il 1 1 August 2020
the removal of quarry materials previously excavated, the removal of quarry materials previously
deposited on site, the stockpiling of quarry materials, the processing of quarry materials ( e.g.,
crushing, screening, washing), the production of civil construction materials which use quarry
materials in their natural form ( e.g., asphalt, concrete), the re-processing of quarry materials
including from reclaimed civil construction materials ( e.g., reclaimed asphalt, concrete), the
production of soil by blending organic materials with quarry materials, or the treatment or
remediation of soil. "Quarry material" for the purpose of interpreting the definition of mineral
working is as defined in the provincial Quarry Materials Act, 1998. Mineral working does not
include mining but may include mineral exploration (development) as a secondary activity.
Mineral working does not include the excavation and removal of quarry materials as a by-
product of an approved development.
MINING: an operation involving the extraction of a mineral for sale and for which a mining
lease is required under the provincial Mineral Act administered by the Department of Natural
Resources. "Mineral" for the purpose of interpreting the definition of mining is as defined under
the Mineral Act. Mining may include, as secondary activities, mineral exploration (development)
and mineral working. Note that under the Mineral Act dimension stone (i.e., stone used for
building facades, gravestones, etc.) is considered a mineral in Newfoundland but a quarry
material in Labrador.
MOBILE HOME: A transportable factory-built single family dwelling unit:
(a)
which complies with space standards substantially equal to those laid down in the
Canadian Code for Residential Construction and is in accordance with the constructior.
standards laid down and all other applicable Provincial and Municipal Codes and;
(b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot, and subsequently
supported on its own wheels, jacks, posts or piers, or on a permanent foundation,
with or without the wheels left attached, and;
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Town of Parson ' s Pond Development Regulations for 2019- 2029
As approved by Counci l 11 August 2020
(ii)
connected to exterior public utilities approved by the Authority, namely, piped
water, piped sewer, electricity and telephone, in order for such mobile home unit
to be suitable for year round term occupancy. Water supply and/or sewage
disposal may be provided by use of private water supply and/or private sewage
disposal systems where permissible.
MOBILE HOME PARK: A mobile home development under single or joint ownership, cared
for and controlled by a mobile home park operator where individual mobile home lots are rented
or leased with or without mobile home units placed on them and where ownership and
responsibility for the maintenance and development of site facilities including water supply and
sewage disposal, access roads, communal areas, snow clearing and garbage collection, or any of
them, are the responsibility of the mobile home park management, and where the mobile home
development is classified as a mobile home park by the Authority. Water supply and/or sewage
disposal may be provided by connection to exterior public utilities approved by the Authority or
by use of private water supply and/or private sewage disposal systems where permissible.
MOBILE HOME SUBDIVISION: A mobile home development requiring the subdivision of
land whether in single or joint ownership into two or more pieces or parcels of land for the
purpose of locating thereon mobile home units under either freehold or leasehold tenure and
where the maintenance of streets and services is the responsibility of a municipality or public
Authority, and where the mobile home development is classified as a mobile home subdivision
by the Authority. Water supply and/or sewage disposal may be provided by connection to
exterior public utilities approved by the Authority or by use of private water supply and/or
private sewage disposal systems where permissible.
NON-CONFORMING USE: means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone. (Refer to Minister 's Development Regulations, January 2, 2001)
OWNER: means a person or an organization of persons owning or having the legal right to use
the land under consideration. (Refer to Minister 's Development Regulations, January 2, 2001)
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Town of Parson ' s Pond Development Regulations f or 2019- 2029
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PARKING AREA: means an open area containing parking spaces and any interior aisles and
lanes necessary for parking and movement of motor vehicles.
PARKING SPACE: means a space exclusive of any driveways or interior aisles or lanes, upon
which one motor vehicle may be parked .
PERMITTED USE: means a use that is listed within the permitted use classes set out in the use
zone tables of an Authority's development regulations. ( Refer to Minister's Development
Regulations, January 2, 2001)
PETROLEUM EXPLORATION AND EXTRACTION: separate land uses involving the
exploration and extraction, respectively, of petroleum resources and for which the requisite
permits have been issued by the Department of Natural Resources.
PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working.
PROHIBITED USE: means a use that is not listed in a use zone within the permitted use classes
or discretionary use classes or a use that an Authority specifies as not permitted within a use
zone. (Refer to Minister 's Development Regulations, Janua,y 2, 2001)
REAR YARD DEPTH: means the distance between the rear lot line and the rear wall of the
main building on the lot. (Refer to Minister 's Development Regulations, January 2, 2001)
RESTAURANT: A building or part thereof, designed or intended to be used or occupied for the
purpose of serving the general public with meals or refreshments for consumption on the
premises.
ROW DWELLING: Three or more dwelling units at ground level in one building, each unit
separated vertically from the others.
SEASONAL RESIDENCE: A dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
SERVICE STATION: Any land or building used exclusively for the sale of petroleum products
or other motive fuels, automotive parts and accessories, minor repairs, washing and polishing of
motor vehicles.
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Town of Parson ' s Pond Development Regulat i ons for 2019- 2029
As approved by Council 11 August 2020
SERVICE STREET: A street constructed parallel to or close to another street for the purpose of
limiting direct access to that street.
SHOP: A building or part thereof used for retail trade wherein the primary purpose is the selling
or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of
retail services but does not include an establishment wherein the primary purpose is the serving
of meals or refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE: A group of shops and complementary uses with integrated parking and
which is planned, developed and designed as a unit containing a minimum of 5 retail establish-
ments.
SHOWROOM: A building or part of a building in which samples or patterns are displayed and
in which orders may be taken for goods, wares or merchandise, including vehicles and
equipment, for later delivery.
SIDE YARD DEPTH: means the distance between a side lot line and the nearest side wall of
any building on the lot. (Refer to Minister's Development Regulations, January 2, 2001)
SIGN: means a word, letter, model, placard, board, device or representation, whether illuminated
or not, in the nature of or employed wholly or in part for the purpose of advertisement,
announcement or direction and excludes those things employed wholly as a memorial,
advertisements of local government, utilities and boarding or similar structures used for the
display of advertisements.(Refer to Minister 's Development Regulations, January 2, 2001)
STAGE: see Boat Shed
STREET: means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles. (Refer to
Minister 's Development Regulations, January 2, 2001)
STREET LINE: means the the edge of a street reservation as defined by the Authority having
jurisdiction. (Refer to Minister 's Development Regulations, January 2, 2001)
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Town of Parson ' s Pond Deve l opment Regulations for 2019- 2029
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SUnDIVISION: As defined in the Urban and Rural Planning Act 2000, the dividing of any
land, whether in single or joint ownership, into two or more pieces for the purpose of
development.
SUBSIDIARY APARTMENT: A separate dwelling unit constructed within and subsidiary to a
self-contained dwelling.
TAKE-OUT FOOD SERVICE: A building in which the primary purpose is the preparation and
sale of meals or refreshments for consumption off the premises.
TAVERN: Includes a nightc_lub and means a building licensed or licensable under the Liquor
Control Act wherein meals and food may be served for consumption on the premises and in
which entertainment may be provided.
TOWN: means the Authority
USE: means a building or activity situated on a lot or a development permitted on a lot. (Refer to
M;r.,ister 's Development Regulations, January 2, 2001)
USE ZONE or ZONE: means an area of land including buildings and water designated on the
zoning map to which the uses, standards and conditions of a particular use zone table apply.
(Refer to Minister 's Development Regulations, January 2, 2001)
VARIAN CE: means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use Zone
Table of the Authority's regulations. (Refer to Minister's Development Regulations, January 2,
2001)
WETLAND: an area which is saturated by surface or ground water sufficient to support, and
which under normal circumstances supports a prevalence of vegetation typically adapted for life
in the saturated soil conditions, and includes swamps, marshes, bogs, fens and similar areas.
WHARF: see Boat Shed
WIND ENERGY SYSTEM or WIND TURBINE: means a mechanical system for the
conversion of wind energy to useful electrical or mechanical energy; a typical wind energy
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Town of Parson ' s Pond Development Regulations for 2019- 2029
As approved by Counci l 11 August 2020
system consists of a tower or mast supporting a rotating apparatus including a rotor, generator
and mechanical drives, and ancillary devices related to the control and maintenance of the
system. A tower supported wind turbine is self-supporting whereas a mast is stayed with guy
wires; for the purpose of these Regulations, the words "tower" and "mast" are used
interchangeably. A wind turbine wherein the tower is shorter than 15 metres in height is classed
as "short", those taller as "tall".
YARD: An open uncovered space on a lot appurtenant to a building ( except a court) and
unoccupied by buildings or structures except as specifically permitted elsewhere in these
Regulations. Yard types are front yards, side yards, rear yards and flankage yards, as illustrated
on the next page.
ZONING MAP: The map or maps attached to and forming part of the Authority's regulations.
(Refer to Minister 's Development Regulations, January 2, 2001)
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To-m of Parson ' s Pond Developl!lent Regulations for 2019- 2029
As approved by Council 11 August 2020
SIMPLE RECTANGULAR LOT
D
'
Rear
yard
E
F
Side
Side
-2-
yard
building
yard
H
G
-
-
B
A
STREET
I
C
-
~
~
(1)-
In the simple case, without the street added
to the left, the rear yard is the addition of
areas D, E and F and the front yard is A, B
and C.
Adding the street to the left creates a corner
lot which then creates a flankage yard on
what otherwise would have been a side yard
and part~ of the front and rear yards.
The flankage yard with the street added is
the addition of areas B, H and D in the
simple rectangular lot.
The arrows point to extensions of the side
yard lines in a simple rectangular lot. In an
irregular lot, the interpretation of the
meaning of yards can be complex, such as
the illustration below showing the position
of a flankage yard when the street to the left
is added .
~.::,,
ru --------------r.
,!;'
-
eal'
Q.)1:i
I
Yii/d ______ _
::$'
$
§
.
~ ,,
~
.J.
& .
~ I
I
$
I
~
,
/ ------------------Front yard--------
-
STREET
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Town of Parson's Pond Development Regulations for 2019- 2029
As approved by Council 11 Augus t 2020
SCHEDULE B: CLASSIFICATION OF USES OF LAND AND BUILDII\IGS
The classification of uses set out in the following table is largely based on the Classification of Typical Occupancies
included as Table 3.1.2.A of the National Building Code of Canada, 1980, modified to suit terms used in the
Municipal Plan and the Development Regulations. This classification is referred to in Regulation 88.
PARKING
GROUP
DIVISION
CLASS
EXAMPLES
REQUIREMENT
(NUMPEROF
SPACES) to be
comoleted
A. ASSEMBLY
I.
Assembly Uses for
(a) Theatre
Motion Picture Theatres
USES
the production and
TV. Studios admitting an audie-
I space for every
viewing of
the per-
nee.
five seats or ifno
fonning arts.
seats, 1 space for
2.
General Assembly
(a) Cultural
Libraries
each 50 square
Uses
and Civic
Museums
metres of floor
Art Galleries
area devoted to
Court Rooms
public occupancy
Meeting Rooms
Council Chambers
(b) General
Community Halls
Assembly-halls and active
Lodge Halls
exercise uses
Dance Halls
Gymnasia
Auditoria
Bowling Alleys
( c) Educational
Schools
Lesser of 2 spaces
Colleges
for each
(non- residential)
classroom or 25
(d) Child Care
Day Care Centres
students
(e) Place of
Churches and similar places of
I space for every
Worship
worship.
five seats or ifno
Church Halls
seats, I space for
( f) Passenger
Passenger Tenninals
each I 00 square
Assembly
metres of floor
area devoted to
(g) Club and
Private Clubs and
public occupancy
Lodge
Lodges (non-residential)
(h) Catering
Restaurants
Bars
Taverns
(i) Funeral
Funeral Homes and Chapels
Home
(j) Amusement
Electronic Games
Arcades
PinbaJJ·Parlours
Poolrooms
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GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
3. Arena-type
(a) Indoor
Arenas
USES
Uses
Assembly
Armouries
(continued)
Ice Rinks
Indoor Swimming
Pools
4. Open-air
(a) Outdoor
Bleachers
Assembly Uses
Assembly
Grandstands
Outdoor Ice Rinks and
Swimming Pools
Amusement Parks and Fair-
grounds
Exhibition
Grounds
Drive-in Theatres
B. INSTITU-
I. Penal and
(a) Penal and
Jails
TIONAL
Correctional
Correctional
Penitentiaries
USES
Institutional
Detention
Police Stations (with detention
Uses
quarters)
Prisons
Psychiatric
Hospitals (with
detention quarters)
Reformatories
2. Special Care
(a) Medical
Children's Homes
Institutional
Treatment
Convalescent Homes
Uses
and Special
Homes for Aged
Care
Hospitals
Infirmaries
Orphanages
Psychiatric
Hospitals
Sanatoria
C.
I. Residential
(a) Single
Single Detached
RESIDENTIAL
Dwelling
Dwel ling
Dwellings
USES
Uses
Family & Group
Homes
(b) Double
Semi-detached
Dwelling
Dwelling
Duplex Dwell ings
Family & Group
Homes
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PARKING
REQUIREMENT
(NUMBER OF SPACES)
I space for every five
seats or ifno seats, I
space for each I 00 square
metres of floor area
devoted to public
occupancy, or more as
determined by the
Authority for uses
featuring large outdoor
spaces
I space for every 2 beds
or cl ientele spaces
2 spaces for each dwelling
unit (2 for single dwelling
plus I for subsidiary
apartment)
Town of Parson ' s Pond Development Regulations f o r 2019- 2029
As approve d by Counc il 11 August 2020
GROUP
DIVISION
CLASS
EXAMPLES
C.
I. Residential
(c) Row
Row Houses
RES IDENTIAL
Dwell ing
Dwelling
Town Houses
USES
Uses
Family & Group
( continued)
(continued)
Homes
(d) Apartment
Apartments
Building
Family & Group
Homes
2. General
(a) Collective
Residential
Residential Uses
Residential
Colleges &
Schools
University &
College Halls
of Residence
Convents & Monasteries
Nurses and
Hospital Residences
(b) Boarding
Boarding Houses
House
Lodging Houses
Resiciential
Bed and Breakfasts
(c) Commercial
Hotels & Motels
Residential
Hostels
Residential Clubs
(d) Seasonal
Summer Homes &
Residential
Cabins
Hunting & Fishing
Cabins
( e) Campgrounds
Campgrounds
Recreational Vehicle Parks
(t) Mobile
Mobile Homes
Homes
D. BUSfNESS
I. Business,
(a) Office
Offices (including
&
Professional, and
Government
PERSONAL
Personal
Offices)
SERVICE
Service Uses
Banks
USES
(b) Medical &
Medical Offices and Consulting
Professional
Rooms
Dental Offices & Surgeries
Legal Offices
Travel agents
Similar Professional
Offices
( c) Personal
Barbers
Service
Hairdressers
Beauty Parlours
Small Appliance
Repairs
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PARKING
REQUIREMENT
(NUMBER OF SPACES)
I
2 spaces for each dwelling
unit
2 spaces for the landlord's
or superintendent's
dwelling in the same
building if any, plus I for
each rental bed
I
1 space for each cabin or
per spot in campgrounds
or RV parks
See single dwelling
I space for each 20 square
metres of floor area
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Town of Parson's Pond Development Regulations for 2019- 2029
As approved by Council 11 August 2020
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS
I. Business,
(d) General
Self-service
&
Professional
Service
Laundries
PERSONAL
& Personal
Dry Cleaners (not using
SERVICE
Service Uses
flammable or explosive
USES
(continued)
substances)
(continued)
Small Tool and Appliance
Rentals
(e) Communications
Radio Stations
Telephone
Exchanges
( t) Protection
Police Stations
without
detention
quarters
Fire stations
Ambulance stations
Search and rescue buildings
(g) Taxi Stand
Taxi Stands
(h) Take-out
Take-out Food
Food Service
Service
(i) Veterinary
Veterinary
Surgeries
E. MERCAN-
I. Retail Sale and
(a) Shopping
Shopping Centres
TILE
Display Uses
Centre
USES
(b) Shop
Retail Shops and
Stores and
Showrooms
Department
Stores
(c) Indoor
Market Halls
Market
Auction Halls
(d) Outdoor
Market Grounds
Market
Animal Markets
Produce and
Fruit Stands
Fish Stalls
( e) Convenience
Confectionary
Store
Stores
Comer Stores
Gift Shops
Specialty Shops
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PARKING
REQUIREMENT
(NUMBER OF SPACES)
I space for each 20 square
metres of floor area, or
more as determined by the
Authority for uses
featuring large outdoor
spaces
Town of Pars on ' s Pond Development Regulations for 2019 - 2029
As approved by Council 11 August 2020
GROUP
DIVISION
CLASS
EXAMPLES
F.
I. Industrial uses
(a) Hazardous
Bulk Storage of
INDUSTRJAL
involving
Industry
hazardous
USES
highly
liquids and sub-
combustible and
stances.
hazardous
Chemical Plants
substances and
Distilleries
processes.
Feed Mills
Lacquer, Mattress,
Paint, Varnish,
and Rubber
Factories
Spray Painting
2. General
(a) General
Factories
Industrial
Industry
Cold Storage
Uses involving
Plants
Limited
Freight Depots
Hazardous
General Garages
Substances
Warehouses
and
Workshops
Processes.
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
(b) Service
Gasoline Service
Station
Stations
Gas Bars
3. Light, Non-
(a) Light
Light Industry
hazardous or
Industry
Parking Garages
Non-intrusive
Indoor Storage
Industrial
Warehouses
Uses.
Workshops
G. NON-
I. Uses not
(a) Agriculture
Commercial Farms
BUILDING
directly
Hobby Farms
USES
related to
Market Gardens
building
& Nurseries
(b) Forestry
Tree Nurseries
Silviculture
Domestic cutting for fuel wood
(c) Mining, Mineral
Separate classes of uses as
Exploration, Mineral
defined
Working
in Schedule A
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PARKfNG
REQUIREMENT
(NUMBER OF SPACES)
I
I space for each I 00
square metres of floor
area, or more as
determined by the
Authority for uses
featuring large outdoor
I
spaces
I
I
As directed by the
Authority
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Town of Parson ' s Pond Development Regulations for 2019- 2029
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CROUP
DIVISION
CLASS
EXAMPLES
G. NON-
I. Uses not
(d) Petroleum
Separate class ofuse
BUILDfNG
directly
Exploration and
as defined in Schedule A
US ES
related to
Extraction
( continued)
building.
(continued)
( e) Recreational Open
Playing Fields
Space
Sports Grounds
Parks
Playgrounds
Trails
( t) Conservation
Watersheds
Buffer Strips
Flood Plains
Wildlife
Sanctuaries
(g) Cemetery
Cemeteries
Graveyards
(h) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
(i) Solid Waste
Solid Waste
Disposal
Sanitary Land Fill
Incinerators
U) Animal
Animal Pounds
Kennels
Zoos
(k) Antenna or Wind
TY, Radio and
Turbine
Communications
Transmitting and
Receiving Masts
Antennas
Wind turbines
(I) Transportation
Airfields
Railway Yards
Docks and Harbours
Boathouses
Fishing stages
Marinas
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PARKING
REQUIREMENT
(NUMBER OF SPACES)
As directed by the
Authority
Town of Parson ' s Pond Deve l opme n t Regulations f o r 201 9- 2029
As approved b y Counci l 1 1 Augus t 2020
SCHEDULE "C"
USE ZONE TABLES
This schedule contains tables showing the use classes which may be permitted or which may be
treated as discretionary use classes for the purpose of these Regulations. The tables also indicate
the required standards of development and may also include conditions affecting some or all of
the use classes.
The schedule contains tables for the following Use Zones, for which the abbreviations are as
noted:
Mixed Development. ................................................................................................................... MD
Coastal Erosion .......................................................................................................................... CER
Designated Floodway ................................................................................................................... OF
Designated Floodway Fringe ..................................................................................................... OFF
Watershed Protection ................................................................................................................... WP
Rural. ........ ... .............. ...... .. .. ............ ............. .. ..... .... .......................... ...... RUR
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Town of Parson's Pond Development Regulations for 2019- 2029
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USE ZONE TABLE
ZONE TITLE
MIXED DEVELOPMENT
(MD)
PERMITTED USES
(PARSON'S POND)
1. Single dwelling, seasonal dwelling, and mobile home classes, including home businesses
of a benign nature (see Condition 9) and subsidiary apartments therein and "tiny home"
developments (see Condition 7)
2. Recreational open space
3. Forestry uses, including domestic cutting for fuel wood
4. Mineral exploration
5. Existing agricultural uses.
DISCRETIONARY USES
Any other use, except for the classes of:
1. Hazardous industry
2. Agriculture, involving keeping of large numbers of animals
3. Mining
4. Petroleum exploration and extraction
5. Scrapyards
6. Solid waste
See Regulation l O concerning Discretionary Powers of Authority.
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Town of Parson ' s Pond Development Regul at i ons for 20 19- 2029
As approved by Counci l 11 August 2020
STANDARDS
WHERE PERMITTED
Single
Double
Dwelling,
Dwelling
Mobile Home
+ all other uses
not named
Floor area (minimum) sq.m.
80
80 *
Lot area (sq.m) minimum
for fully serviced lots.
450
390 *
Prov. Regulations apply to
semi or unserviced lots
See Reg. 47 for possible
infilling adjustment
Frontage (m) minimum
for fully serviced lots.
15
20
Prov. Regulations apply to
semi or unserviced lots.
See Reg. 47 for possible
infilling adjustment
Building Line Setback (m)
(minimum) **
for fully serviced lots
6
6
for semi or unservicerl lots
8
8
See Regulation 42 for
complementary setbacks
Side yard Width (m) **
for fully serviced lots
1.5
1.5
for semi or unserviced lots
4
4
(Flankage yard minimum:
same as building line setback)
Rear yard Depth ( m)
(minimum) **
for fully serviced lots
9
9
for semi or unserviced lots
15
15
For mobile homes
Subtract 4 m
Lot Coverage all buildings
combined (%)
(maximum)
33
33
Height (m) (maximum)**
8
8
Row
APARTMENT
Dwelling
BUILDING
65 *
55 *
230 *
300 *
10 * plus
30
required side
yards
8
8
8
8
2
5
4
6
9
9
15
15
33
33
10
15
*
Per dwelling unit, which for single dwellings may be developed in· phases-see Condition 7.
**
Except for wind turbines and antennas - see Condition 14.
** Where permitted, development in the docks and wharves class, including boat sheds, boat houses,
and stages, may be built to any lot line which corresponds to the high water mark. Requirements for
other yards shall continue to aooly.
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Town of Parson ' s Pond Development Regulations for 2019- 2029
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CONDITIONS
1. Discretionary Uses
The discretionary use classes listed may be permitted at the discretion of the Authority
provided that they are complementary to uses within the permitted use classes or that the
development will not inhibit or prejudice the existence or the development of such uses
(see Regulation 10). The process for consideration and approval of a discretionary use is
described in Regulation 32(3).
Certain matters which do not involve approval of a discretionary use of land and for
which Council may act at its discretion, are described in the Conditions. Those
discretionary decisions are not subject to the process for consideration and approval of a
discretionary use as described in Regulation 32(3), as they do not involve approval of a
use of land, but rather let Council consider a modification to specific requirements in the
interest of flexibility where circumstances warrant.
2. Services
New development shall be connected to the municipal water and sewer services, where
respectively available, by the time of occupancy. Otherwise, development shall be
serviced with private water supply and/or private sewage disposal systems in accordance
with Certificates of Approval of the provincial government.
3. Heights of Structures
1) The requirement of Regulation 41 concerning the maximum heights of flagpoles,
water towers, spires, belfries, and chimneys, which may not otherwise be
approvable, may be modified at Council's discretion, provided that the
appearance is compatible with the area and that there is no practical alternative
location and the installation does not create a safety hazard for pedestrians or
vehicles.
2) The requirement of Regulation 38(6) concerning the maximum heights of
accessory buildings which may not otherwise be approvable, may be modified at
Council's discretion to enable a greater height than 4 metres provided that the rear
yard for any such accessory building is at least 4 metres and the appearance is
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Town of Parson's Pond Development Regu l ations for 2019- 2029
As approved by Council 11 August 2020
compatible with the area. In such cases, the height of the accessory building at its
peak shall not exceed the height of the main building measured in the ordinary
way (see Definitions in Schedule A), and the height of the accessory building
shall be measured to its peak or highest point.
4. Accessory Buildings and Open Storage
a) There is no maximum number or floor area of accessory buildings, but the maximum
lot coverage shall apply to the sum of all buildings on the lot. Areas occupied by
open storage and by wheelchair ramps or similar aids for mobility are not included in
the calculation of lot coverage.
b) The requirement of Regulation 38(4) concerning accessory buildings to be located in
the actual front yard which may not otherwise be approvable may be modified at
Council 's discretion to permit any locations in the actual front yard provided that the
main building is set well back from the minimum building line and where the
appearance would be in keeping with the general appearance of the area.
c) The location, appearance, yard and lot coverage requirements of Regulations 38( 4)
and (5) concerning access ramps for wheelchairs or similar aids for mobility which
may not otherwise be approvable having regard to those requirements may be
modified at Council's discretion provided that there is no practical alternative
location and the installation does not create a safety hazard for pedestrians or
vehicles.
d) The requirement of Regulation 38(7) concerning locations and features of open
storage of materials, goods and machinery which may not otherwise be approvable,
may be modified at Council 's discretion provided that such use is not permitted in
front of the building unless there are no practical alternative locations, and that the
open storage areas must be fenced or otherwise screened from view though the
screening requirement may be modified at Council's discretion to require landscaping
features in lieu of full screening.
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Town of Parson' s Pond Development Regulations for 2019- 2029
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5. Amusement Class Developments
Development of Amusement Class uses located within the municipal boundary may be
regulated by Council further to the Municipal Plan and Development Regulations, as
"Places of Entertainment" under the Municipalities Act.
6. Signage and Lighting
a) Exterior lighting shall be directed away from adjacent properties or roads, and the
light source shall not be higher than 6 metres above established grade.
b) In addition to the requirements of Part III, signage and outdoor lighting shall be
subdued and in keeping with attractive design and highway safety practices in order
to maintain a good quality appearance and traffic safety in the area.
7. Single "Tiny Home" Dwelling Structures; Phasing of Construction
a) Single dwellings may be developed in phases, to be able to accommodate "tiny
homes" built as the first components or phases of single dwellings, leading to an
eventual expansion to a floor area in compliance with the minimum stated in the Use
Zone Table. Home businesses will be permitted i11 such structures in any phase, but
subsidiary apartments will not be permitted until the main dwelling floor area satisfies
the minimum requirement for single dwellings.
b) The Authority wiH permit single dwellings having less than the minimum required
floor area, by way of site plan approval as described in the Municipal Plan, which
shows the way in which the configuration of later construction phases will eventually
result in a compliant dwelling floor area without encroaching on any required yards
or failing to meet other requirements such as off-street parking.
c) The minimum required length of main walls shall be achieved in the construction of
the first phase of a phased development and in the eventual footprint of each phase of
later construction. Variances may be considered concurrently.
d) There is no compulsion to expand beyond the approved initial phase of construction.
Development of future phases in accordance with the approved site plan shall not
require further Council approvals concerning phased development.
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Town of Parson ' s Pond Development Regulations for 2019-2029
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8. Campgrounds and Mobile Home Parks
A site plan approval is required for campground and mobile home park developments,
which shall address servicing, access to highways and streets, and management of the
facility, in addition to careful attention to aesthetics, compatibility with surrounding land
uses, security, and other terms in a development agreement between the owner and the
Authority.
9. Home Businesses
Home businesses are permitted in a dwelling provided that:
a) The use is clearly a subsidiary use to the residential use and does not detract from the
residential character of the neighbourhood.
b) The use does not alter the residential appearance or require external modification of
the dwelling unit.
c) Activities associated with the use shall be carried on inside the dwelling unit or inside
a building or buildings separate from the dwelling unit but on the same lot, except
that outdoor areas may be used in conjunction with a child care facility.
d) Light Industry and General Service home business uses shall be limited to production
of foodstuffs including prepared meals for consumption off the property; production
or repair of articles such as small mechanisms, clothing and arts and crafts; and,
repair or adjustment of small equipment such as appliances, small engines,
computers, and mechanical devices, and, incidental retail sales of goods or services
related to the principal activity of the home business.
e) The use is operated by a resident(s) of the dwelling unit. .
f) There is no open storage of vehicles, equipment, goods or materials on the lot, other
than for off-street parking (see Condition 4 (e) for possible approval subject to
Council's discretion).
g) The use shall not generate traffic, storm water flows, sewage flows or water use in
excess of what is normal in the residential area and can be accommodated by the
existing municipal road, water and sewer services.
h) Activities associated with the use are not hazardous and do not cause noticeable
noise, odour, dust or fumes, nor cause electrical interference or in any other way
result in a nuisance to the occupants of surrounding residences.
i)
In addition to the advertisements (signage) permitted as described in Part III,
advertisements each not exceeding 0.28 square metres in area may be attached to each
building in which the home business is conducted. No direct illumination of the sign
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will be permitted.
j) The Authority may require fencing, screening and separation from adjacent uses or a
combination of them to protect the amenity of adjacent uses.
k) The residential lot has sufficient area to accommodate the parking requirements of
both the dwelling unit and the home business use, calculated as one space per 20
square metres of floor space occupied by the home business.
I) No change in type, class or extent of the use shall be permitted except in accordance
with a permit issued at the discretion of the Authority.
10. Convenience Stores
A convenience store I)lay be permitted under the following conditions:
a) The store may form part of or be attached to a self-contained dwelling or other
structure or stand on a separate lot,
b) The appearance and operation of the store will not materially detract from the
surrounding area,
c) The floor area is not greater than 100 square metres,
d) Off street parking for at least five automobiles is provided for customer use,
e) There is no exterior lighting except for low intensity illumination of parking area
and entrance; signs shall not be directly illuminated.
f) The store fronts on Highway 430 or a street which has capacity to handle motor
vehicle traffic, parking and shipping.
11. Pets and Keeping of Agricultural Animals
Keeping of small animals such as dogs, cats, small birds and the like customarily kept as
household pets in the community is permitted. Keeping of large animals including but not
restricted to cows, horses, sheep, goats, pigs, and large birds such as ostriches and the like
is not deemed to be an accessory use in the Town of Parson's Pond. Further, keeping of
birds such as chickens, ducks, and geese up to a total of 10 birds, is regarded for clarity to
be an accessory use. Permits or Council approvals are not required for keeping of pets up
to the limits described here.
See the Use Zone Table for the Rural (RUR) Zone for requirements for keeping of
animals for agricultural purposes.
Note to readers: the Town of Parson's Pond does not become involved by virtue
of these Development Regulations where pets are presenting dangers or
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Town of Parson ' s Pond Development Regulations for 2019- 2029
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12. Flag Lots
nuisances to others, or are not properly housed or not given appropriate care. In
those cases, regulations concerning public health, public safety, running at large,
cruelty to animals, noise and other such matters better enable authorities to deal
with offending behaviour.
Council will at its discretion consider approval of lesser widths of the legs of flag lots,
which would otherwise not be approvable, where concerns about off-street parking,
pedestrian and vehicle safety at the leg's intersection with the public street and feasibility
of use of the leg for access are satisfactorily addressed.
13. Comprehensive Development
a) A comprehensive development of uses which are permitted or discretionary uses in the
Zone may be approved provided its features are compatible with adjacent developments
and that any dwellings are designed to provide both privacy and reasonable access to
natural daylight.
b) Comprehensive developments must be located within the municipal boundary and
serviced with municipal central water and sewer services, and must have access to a
publicly owned and maintained road but may include both public and private roads. The
overall density within the layout must conform to the regulations and standards set out in
the Use Zone Table. The usual requirements in these Development Regulations are
applicable but where appropriate to good, acceptable design they may be modified or
waived.
14. Wind Turbines and Antennas
a) The maximum height of the tower of a wind turbine or an antenna shall be 15 metres.
The minimum setback of the towers of such structures from all lot lines shall be 10
metres plus (in the case of wind turbines) the length of one rotor blade for safety reasons
related to ice shedding from the blades. In addition, guy wires and anchors of antennas
and wind turbines must be on the same lot as the tower.
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b) See the Definition of Antenna in Schedule A. See Municipal Plan Section 6.2.8 for
guidance concerning the jurisdiction of the Government of Canada for regulating
antenmis and the role of Council in dealing with applications for antenna developments.
15. Temporary Uses
Temporary uses involving the placement of a motor vehicle or travel trailer or equipment for
itinerant or unusual short term activities or events such as community festivals or for
compassionate reasons, may be approved subject to adequate arrangements for supply of potable
water, disposal of sewage and solid waste, safety of vehicle and pedestrian traffic, security, and
other matters relevant to the specific development. The term of temporary uses shall be included
in the conditions of approval, but not exceed three months of continuous occupancy except for
compassionate or emergency situations, for which specific terms of time shall be agreed between
the Council and the party involved.
16. Mineral Workings, Mining and Petroleum Developments
The requirements of Regulation 44 shall be satisfied in order for the Authority to approve
mineral workings, mining, or petroleum extraction class use as a discretionary use. In particular,
the proximity of a proposed use of those classes to nearby areas which may be suitable for other
developments will be considered to be very important in assessing its acceptability.
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Town of Parson ' s Pond Developmen t Regulat i ons fo r 20 1 9- 2029
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USE ZONE TABLE
ZONE TITLE
COASTAL EROSION (CER)
PERMITTED USES
1. Conservation class
2. Recreational open space class and trails
3. Forestry class, including domestic cutting for fuel wood
4. Mineral exploration class
5. Petroleum exploration class
6. Existing agricultural class uses
DISCRETIONARY USES
1. Docks and wharves class
2. Agriculture class, not involving keeping of large numbers of animals
(PARSON'S POND)
3. Buildings which are accessory to main uses located in in the Coastal Erosion area or in the
Mixed Development area and subject to the requirements pertaining to accessory buildings
in the Mixed Development area.
4. Renovations and expansions of existing buildings, supporting water supply and sewage
disposal infrastructure and access lanes.
NOTE: see Regulation 10 concerning the Discretionary Powers of Authority.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes or
that their development will not inhibit or prejudice the existence or the development of sw~h
uses, and provided that all requisite approvals of provincial and federal governments are
secured prior to Council's consideration of applications.
2
Development Standards and Conditions for Permitted and Discretionary Uses
a) All developments, including any form of ground disturbance, cultivation and ar.imal
husbandry, must be approved by the provincial ministries, including but not limited to those
charged with environmental matters, including the Geological Survey of Newfoundland and
Labrador and the Department of Municipal Affairs and Environment.
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b) Structures must be designed and constructed so as to use temporary foundations, other than
for the Docks and wharves class. Where permitted, development in the docks and wharves
class, including boat sheds, boat houses, and stages, may be built to any lot line which
corresponds to the high water mark. Requirements for other yards shall continue to apply.
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USE ZONE TABLE
ZONE TITLE
DESIGNATED FLOODWAY (OF) (PARSON' S POND)
PERMITTED USES
1. Antenna class, but only those defined as "short" (see Condition 3).
2. Conservation class
3. Docks and wharves class
4. Recreational open space class and trails
5. Hydraulic structures
6. Structures related to the use of water resources
DISCRETIONARY USES
Any other uses which comply with the provincial government Policy for Flood Plain
Management, as amended from time to time, and which comply with the requirements
generally applicable in the Mixed Development area, whichever are the more stringent.
NOTE: see Regulation IO concerning the Discretionary Powers of Authority.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes or
that their development will not inhibit or prejudice the existence or the development of such
uses, and provided that all requisite approvals of provincial and federal governments are
secured prior to Council's consideration of applications.
2. Development Standards and Conditions for Permitted and Discretionary Uses
a) Any development must be approved by the provincial ministries, including but not
limited to those charged with water resources and environmental matters.
b) Only water-related structures are permitted in the 1 :20 year Designated Floodway (OF)
Zone as this zone is a high-velocity zone. However, repairing, maintenance and
renovation of existing structures in the Designated Floodway Zone are permitted. As per
the Policy for Flood Plain Management of the Government of Newfoundland and
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Labrador, all structures, including residential, are permitted in the I: I 00 year Designated
Floodway Fringe (OFF) Zone and the I: I 00 year Annual Exceedance Probability (AEP)
Climate Change Flood Zone with some terms and conditions (the I: I 00 AEP climate
change flood elevations are applicable if such a line has subsequent to the coming into
effect of these Development Regulations been defined for this area).
c) Where permitted, development in the docks and wharves class, including boat sheds, boat
houses, and stages, may be built to any lot line which corresponds to the high water mark.
Requirements for other yards shall continue to apply.
d) The requirements of Regulation 44 shall be satisfied in order for the Authority to approve
a mineral workings as a discretionary use. In particular, the proximity of a proposed
mineral working to nearby areas which may be suitable for other developments will be
considered to be very important in assessing its acceptability.
3. Antennas
See the Definition of Antenna in Schedule A. See Municipal Plan Section 6.2.8 for guidance
concerning the jurisdiction of the Government of Canada for regulating antennas and the role of
Council in dealing with applications for antenna developments.
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Town of Parson ' s Pond Development Regulations f o r 2019- 2029
As approved by Council 11 August 2020
ZONE TITLE
POND)
PERMITTED USES
USE ZONE TABLE
DESIGNATED FLOODWAY FRINGE (OFF)
1) Antenna class, but only those defined as "short" (see Condition 5)
2) Conservation class
3) Hydraulic structures
4) Structures related to the use of water resources
DISCRETIONARY USES
(PARSON'S
1) Single dwelling class including subsidiary apartment and home businesses
2) Mobile home class including home businesses
3) Recreational open space class and trails
4) Public works such as water and sewer infrastructure
5) Transportation class
6) Uses requiring direct access to a body of water
7) Other uses which comply with the provincial government Policy for Flood Plain
Management, as amended from time to time, and which comply with the requirements,
conditions and standards generally applicable in the Mixed Development area.
NOTE: see Regulation IO concerning the Discretionary Powers of Authority.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes
or that their development will not inhibit or prejudice the existence or the development of
such uses.
2.
Development Standards and Conditions
a) Any development must be approved by the provincial ministries, including but not
limited to those charged with water resources and environmental matters.
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b). Any structures in the I: I 00 year Designated Flood way Fringe (DFF) Zone and the I: 100
year Annual Exceedance Probability (AEP) Climate Change Flood Zone must be a
minimum of 0.6 metres (about two feet) above the 1: 100 year Designated Floodway
Fringe (DFF) Zone and 1 : 100 year AEP Climate Change Flood Zone elevations (the
1:100 AEP climate change flood elevations are applicable if such a line has subsequent to
the coming into effect of these Development Regulations been defined for this area).
c) Where permitted, development in the docks and wharves class, including boat sheds, boat
houses, and stages, may be built to any lot line which corresponds to the high water mark.
Requirements for other yards shall continue to apply.
d) The requirements of Regulation 44 shall be satisfied in order for the Authority to approve
a mineral workings as a discretionary use. In particular, the proximity of a proposed
mineral working to nearby areas which may be suitable for other developments will be
considered to be very important in assessing its acceptability.
4. Residential Development
The requirements for residential group uses, including home businesses, shall be the same as
those in the Mixed Development (MD) Zone.
5. Ant~nnas
See the Definition of Antenna in Schedule A. See Municipal Plan Section 6.2.8 for guidance
concerning the jurisdiction of the Government of Canada for regulating antennas and the role of
Council in dealing with applications for antenna developments.
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Town of Parson ' s Pond Development Regulations for 2019- 2029
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USE ZONE TABLE
ZONE TITLE
WATERSHED PROTECTION (WP)
PERMITTED USES
1) Conservation class uses
(PARSON'S POND)
2) Uses related to the management of the lands and the municipal water utility works.
DISCRETIONARY USES
Recreation and Open Space classes, including trails, and those in the Forestry class (including
domestic cutting for fuel wood), but only in conjunction with a professionally prepared site
plan or forestry management plan, respectively, approved by the provincial government and
the Council.
NOTE: see Regulation 10 concerning the Discretionary Powers of Authority.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes
or that their development will not inhibit or prejudice the existence or the development of
such uses.
2.
General Condition
Uses which may be approved subject to Council's discretion include only those which
can be demonstrated to not conflict with the policies of the Municipal Plan and the
provincial government regulations for the Parsons Pond Hill Reservoir Watershed Area,
which is designated as a protected water supply area under the authority of section 10 of
the Environment Act. Site plan approval is required for Recreation and Open Space
classes, including trails (See Municipal Plan Section 7.2).
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As approved by Council 11 August 2020
USE ZONE TABLE
ZONE TITLE
RURAL (RUR)
PERMITTED USES
(PARSON'S POND)
1. All uses in the "Non-building uses" group, including the antenna or wind turbine class but
only those defined as "short" (see Condition 2 for requirements concerning those defined
as "tall")
2. Single dwelling class including subsidiary apartment and home businesses
3. Mobile home class, excluding mobile home parks, but including home businesses
4. Personal service class .
5. Mineral exploration class
6. Existing agricultural class uses
DISCRETIONARY USES
All other uses including the antenna or wind turbine class defined as "tall", subject to
Conditions.
NOTE: see Regulation 10 concerning the Discretionary Powers of Authority.
CONDITIONS
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes or that
their development will not inhibit or prejudice the existence or the development of such uses and
are in keeping with policies respecting the Rural (RUR) Zone (see Municipal Plan Section 6.1 .4).
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2. Building Line for Specified Land Uses
Buildings and outdoor activities associated with developments in the following classes will be
required to be set back to a building line of 400 metres from the centreline of Highway 430:
a. Agriculture class
b. Forestry class, except that domestic cutting for fuel wood is permitted in the whole
Rural Zone
c. Mineral working class
d. Mining class
e. Petroleum exploration class
f.
Petroleum extraction class
g. Scrapyard class
h. Solid waste class
1.
Animal class
J.
Antenna or wind turbine class categorized as "tall" (see the Definitions of antenna
and wind turbine in Schedule A and see Municipal Plan Section 6.2.8 for guidance
concerning the jurisdiction of the Government of Canada for regulating antennas and
the role of Council in dealing with applications for antenna developments)
k. Transportation class
3. Conditions and Standards for Uses Other than the "Non-building uses" Group
The conditions and standards for all uses other than the "Non-building uses" group shall be those
applicable to the Mixed Development (MD) Zone, including those matters for Council 's
discretion for developments which may not be otherwise approvable.
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Town of Pars on's Pond Development Re gul ations for 2019- 2029
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4. Conditions and Standards for Uses in the "Non-building uses" Group
The conditions and standards for the non-building uses group are:
a) Minimum lot area: lot area to be sufficient to satisfy provincial government requirements
for use of private water supply and/or sewage disposal systems, or 500 square metres if
the lot is serviced with municipal water and sewer service.
b) Minimum Building Line Setback
c) Minimum side yard width, except where buildings are built
with adjoining party walls
d) Minimum Rear yard Depth
e) Maximum Height*
f) Minimum Frontage
20 metres
5 metres
20 metres
20 metres
30 metres
*Except for wind turbines and antennas, for which the maximum height is 15 metres except if
set back at least 400 metres from the centreline of Highway 430, in which case there is no
maximum height.
5. Yard Exemptions for Docks and Wharves Class
Notwithstanding (4) and (5), and where permitted, development in the docks and wharves class,
including boat sheds, boat houses, and stages, may be built to any lot line which corresponds to
the high water mark. Requirements for other yards shall continue to apply.
6. Water Supply and Sewage Disposal
Private water supplies and private sewage disposal systems are acceptable but are subject to the
proponent securing Certificates of Approval from provincial government authorities.
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NOTES:
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Coastal Erosion (CER} zone.
Development Regulations/ Amendment
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TOWN OF
Parson's Pond
DEVELOPMENT REGULATIONS
LAND USE ZONING
2019 - 2029
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11 AUG 2020
3 JUN 2020
17 FEB 2020
12 DEC 2019
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