Town of Pasadena Development Regulations 2019-2029
Pasadena, Newfoundland and Labrador
· adopted 2021-06-11
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Development
Regulations
Town of Pasadena
2019-2029
Contact Information:
100 LeMarchant Road / St. John's / NL /A1C 2H2 /Canada
Tel: (709) 738-2500 / Fax: (709) 738-2499
tractconsulting.com
TABLE OF CONTENTS
1.0
AUTHORITIES AND RESPONSIBILITIES ...................................................................................................... 1
2.0
ADMINISTRATION OF THE REGULATIONS ................................................................................................ 3
2.1
WHEN IS A PERMIT REQUIRED ..................................................................................................................... 3
2.2
APPLICATION FOR A PERMIT ........................................................................................................................ 4
2.2.1
Who can apply and how ................................................................................................................................ 4
2.2.2
Requirements for All Applications ................................................................................................................. 4
2.2.3
Application Information Requirements for Discretionary Uses .................................................................... 6
2.2.4
Application Information Requirements for Comprehensive Development ................................................... 6
2.3
LAND USE ZONING AND DEVELOPMENT STANDARDS ................................................................................. 7
2.3.1
Land Use Zones ............................................................................................................................................. 7
2.3.2
Land Use Zone Tables: Permitted and Discretionary uses ............................................................................ 7
2.3.2.1
Permitted Uses .............................................................................................................................................. 7
2.3.2.2
Discretionary Uses ......................................................................................................................................... 7
2.3.2.3
Accessory Uses and Accessory Buildings ....................................................................................................... 8
2.3.2.4
Uses Not Permitted ....................................................................................................................................... 8
2.3.2.5
Uses Permitted in All Land Use Zones ........................................................................................................... 8
2.3.3
Development Conditions and Standards ....................................................................................................... 9
2.4
OPTIONS IF YOUR PROPOSAL DOES NOT FIT THE LAND USE ZONES OR DEVELOPMENT
CONDITIONS/STANDARDS ........................................................................................................................... 9
2.4.1
Variances ....................................................................................................................................................... 9
2.4.2
Infill Development ....................................................................................................................................... 10
2.4.3
Non-Conforming Uses or Non-Conforming Development .......................................................................... 10
2.4.4
Amendment to Development Regulations .................................................................................................. 11
2.5
COUNCIL DECISION-MAKING ..................................................................................................................... 12
2.5.1
Timely Decision-making .............................................................................................................................. 12
2.5.2
Deferment of Application: ........................................................................................................................... 12
2.5.3
Public Notice (Refer to Ministerial Development Regulations, Sections 13 & 15) ...................................... 12
2.5.4
Briefing Sessions .......................................................................................................................................... 13
2.5.5
Approval in Principle ................................................................................................................................... 13
2.5.6
Approval of Development Permit................................................................................................................ 14
2.5.7
Temporary Use Permit ................................................................................................................................ 15
2.5.8
Correction of Errors and Remedial Work .................................................................................................... 15
2.5.9
Revoke Permit ............................................................................................................................................. 15
2.5.10
Fee for Permit ............................................................................................................................................. 15
2.5.11
Written Reasons for Refusing or Setting Conditions on a Permit ................................................................ 15
2.5.12
Refusal: Premature development .............................................................................................................. 16
2.5.13
Discretionary Decision-making Powers of Council ...................................................................................... 16
2.5.14
Register ....................................................................................................................................................... 16
2.6
SPECIAL CONDITIONS FOR DEVELOPMENT ................................................................................................ 16
2.6.1
Development Agreement ............................................................................................................................ 16
2.6.2
Planning Impact Analysis for Plan ............................................................................................................... 17
2.6.3
Financial Guarantees by Developer ............................................................................................................. 17
2.6.4
Service Levy ................................................................................................................................................. 17
2.6.5
Require Land Conveyed for Public Work Purpose ....................................................................................... 18
2.6.6
Land for Park/Public Use ............................................................................................................................. 18
2.6.7
Land for Park/Public Use in Subdivisions .................................................................................................... 18
2.6.8
Restoration of Land ..................................................................................................................................... 18
2.6.9
Environmental Covenant ............................................................................................................................. 18
2.7
APPEALS ..................................................................................................................................................... 18
2.8
ENFORCEMENT .......................................................................................................................................... 23
2.8.1
Delegation of Authority ............................................................................................................................... 23
2.8.2
Right of Entry ............................................................................................................................................... 23
2.8.3
Enforcement Authorities ............................................................................................................................. 23
2.9 NATIONAL CODES AND REGULATIONS.......................................................................................................... 23
3.0
LAND USE ZONES .................................................................................................................................. 25
3.1
RESIDENTIAL ZONES ................................................................................................................................... 26
3.1.1
Residential Low Density -Detached Dwelling Zone ..................................................................................... 26
3.1.2
Residential Medium Density Zone .............................................................................................................. 28
3.1.3
Residential Rural ......................................................................................................................................... 31
3.2
COMMERCIAL ZONES ................................................................................................................................. 33
3.2.1
Downtown Commercial Zone ...................................................................................................................... 33
3.2.2
Highway Commercial Zone .......................................................................................................................... 35
3.2.3
Neighbourhood Commercial Zone .............................................................................................................. 37
3.3
INDUSTRIAL ZONE ...................................................................................................................................... 39
3.3.1
Industrial Zone ............................................................................................................................................ 39
3.3.2
Industrial Light Zone .................................................................................................................................... 40
3.3.3
Industrial Rural Zone ................................................................................................................................... 41
3.4
AGRICULTURAL ZONE ................................................................................................................................ 42
3.5
COMPREHENSIVE DEVELOPMENT AREA (CDA) ZONES .............................................................................. 43
3.5.1
CDA - GENERAL CONDITIONS ..................................................................................................................... 43
3.5.2
CDA- MIXED (CDA-M) SOUTH BROOK ......................................................................................................... 44
3.5.3
CDA - EMPLOYMENT-GENERATING (CDA-EG) (TOURISM -PINE RIDGE) ...................................................... 44
3.5.4
CDA - EMPLOYMENT-GENERATING -INDUSTRIAL (CDA-I) FIRST AVE/CHURCH STREET.............................. 45
3.6
CONSERVATION ZONE ............................................................................................................................... 46
3.7
MIXED USE ZONE ........................................................................................................................................ 47
3.8
OPEN SPACE/RECREATION ZONE ............................................................................................................... 49
3.9
PROTECTED WATER SUPPLY ZONE ............................................................................................................. 50
3.10 PUBLIC USE ZONE ....................................................................................................................................... 51
3.11 RESORT ZONE ............................................................................................................................................. 52
3.12 RURAL ZONE ............................................................................................................................................... 53
3.13 TRANSPORTATION/TRANSMISSION CORRIDOR ZONE ............................................................................... 54
3.14 GROWTH MANAGEMENT BOUNDARY ....................................................................................................... 55
4.0
LAND USE AND DEVELOPMENT DEFINITIONS AND STANDARDS ............................................................. 57
4.1
GENERAL STANDARDS APPLICABLE TO ALL DEVELOPMENT ...................................................................... 57
4.1.1
Access .......................................................................................................................................................... 57
4.1.2
Archaeological Sites .................................................................................................................................... 57
4.1.3
Buffers/Separation Distances Between Land Uses: .................................................................................... 58
4.1.4
Comprehensive Development ..................................................................................................................... 59
4.1.5
Crown Land ................................................................................................................................................. 60
4.1.6
Federal and Provincial Government Requirements .................................................................................... 60
4.1.7
Protected Roads .......................................................................................................................................... 60
4.1.8
Nuisance ...................................................................................................................................................... 61
4.1.9
Soil Removal, Soil Deposit and Site Grading and Steep slopes .................................................................... 61
4.1.10
Water Body Protection (flood risk areas, water course/wetland, water supply) ........................................ 62
4.1.10.1 Flood Risk Area: ........................................................................................................................................... 62
4.1.10.2 Watercourse or Wetland ............................................................................................................................. 64
4.1.11
T'Railway Provincial Park ............................................................................................................................. 65
4.1.12
Excluded Uses in Town of Pasadena Planning Area .................................................................................... 65
4.2
AGRICULTURE LAND USE CLASS ................................................................................................................. 65
4.2.1
Commercial Agriculture .............................................................................................................................. 65
4.2.2
Urban Agriculture ........................................................................................................................................ 67
4.3
COMMERCIAL LAND USE CLASS ................................................................................................................. 67
4.3.1
Amusement Establishment/Use .................................................................................................................. 67
4.3.2
Amusement Park/Attraction ....................................................................................................................... 68
4.3.3
Auto Body Shop ........................................................................................................................................... 68
4.3.4
Automotive Repair Shop ............................................................................................................................. 68
4.3.5
Automotive Sales and Service Establishment .............................................................................................. 69
4.3.6
Bar ............................................................................................................................................................... 69
4.3.7
Building Supply Store .................................................................................................................................. 70
4.3.8
Business Support Service ............................................................................................................................. 70
4.3.9
Campground, including RV campgrounds ................................................................................................... 70
4.3.10
Child Care - non-residential ........................................................................................................................ 71
4.3.11
Club and Lodge ............................................................................................................................................ 72
4.3.12
Contractor, Limited (Small) ......................................................................................................................... 72
4.3.13
Convenience Store ...................................................................................................................................... 72
4.3.14
Custom Manufacturing Service ................................................................................................................... 73
4.3.15
Garage, Public ............................................................................................................................................. 73
4.3.16
General Service/Repair................................................................................................................................ 73
4.3.17
Hotel or Inn ................................................................................................................................................. 74
4.3.18
Marina ......................................................................................................................................................... 74
4.3.19
Medical or Dental Clinic/Office ................................................................................................................... 75
4.3.20
Motel ........................................................................................................................................................... 75
4.3.21
Outdoor Commercial Patio .......................................................................................................................... 75
4.3.22
Outdoor Market .......................................................................................................................................... 76
4.3.23
Personal Service .......................................................................................................................................... 76
4.3.24
Offices: Professional, Financial and Associated Support Services ............................................................... 76
4.3.25
Resort .......................................................................................................................................................... 77
4.3.26
Restaurants ................................................................................................................................................. 77
4.3.26.1 Restaurant - Drive-Through and Take-Out .................................................................................................. 77
4.3.26.2 Restaurant-Full Service ................................................................................................................................ 78
4.3.26.3 Restaurant -Mobile Take-Out or Street Vendor .......................................................................................... 78
4.3.27
Retail ........................................................................................................................................................... 79
4.3.28
Shopping Centres/Retail Warehouse .......................................................................................................... 79
4.3.29
Service Station ............................................................................................................................................. 79
4.3.29.1 Service Station - Residential ....................................................................................................................... 80
4.3.29.2 Service Station -Highway ............................................................................................................................ 80
4.3.30
Veterinarian Clinic ....................................................................................................................................... 80
4.4
INDUSTRIAL LAND USE CLASS..................................................................................................................... 81
4.4.1
Aquaculture Facility ..................................................................................................................................... 81
4.4.2
Crematorium ............................................................................................................................................... 81
4.4.3
Composting Facility ..................................................................................................................................... 81
4.4.4
Contractor, General ..................................................................................................................................... 81
4.4.5
Energy Generation Facilities ........................................................................................................................ 82
4.4.6
Fishery Use .................................................................................................................................................. 83
4.4.7
Forestry Activities ........................................................................................................................................ 83
4.4.8
Industrial - General ...................................................................................................................................... 84
4.4.9
Industrial - Heavy And/or Hazardous ......................................................................................................... 84
4.4.10
Industrial - Light .......................................................................................................................................... 85
4.4.11
Industrial Mall ............................................................................................................................................. 85
4.4.12
Mineral Exploration ..................................................................................................................................... 86
4.4.13
Mineral Working ......................................................................................................................................... 87
4.4.14
Natural Resource Use .................................................................................................................................. 91
4.4.15
Natural Resource-Related industrial uses ................................................................................................... 91
4.3.16
Salvage/Scrap Yard ...................................................................................................................................... 92
4.4.17
Solid Waste Recycling/Disposal and Composting Site ................................................................................. 92
4.4.18
Petroleum Exploration ................................................................................................................................ 93
4.5
CONSERVATION ......................................................................................................................................... 94
4.5.1
Environmental Protection Area ................................................................................................................... 94
4.5.2
Open Space, Parks and Trails ...................................................................................................................... 94
4.6
PUBLIC AND INSTITUTIONAL ...................................................................................................................... 95
4.6.1
Cemetery ..................................................................................................................................................... 95
4.6.2
Institutional Use .......................................................................................................................................... 95
4.6.2.1
Personal Care Facilities - Non-Residential ................................................................................................... 96
(Nursing Homes, and Family and Group Homes/Care Centres) .................................................................................. 96
4.6.3
Protective and Emergency Services ............................................................................................................ 96
4.6.4
Public Gathering Places -Indoor .................................................................................................................. 97
4.6.5
Public Gathering Places - Outdoor .............................................................................................................. 97
4.6.6
Sports and Recreation Facilities .................................................................................................................. 98
4.7
RESIDENTIAL LAND USE CLASS ................................................................................................................... 99
General Conditions ..................................................................................................................................................... 99
4.7.1.
Detached Dwellings ................................................................................................................................... 101
4.7.2
Semi-Detached Dwelling ........................................................................................................................... 102
4.7.3
Townhouses .............................................................................................................................................. 102
4.7.4
Mini-Home and Mobile Homes ................................................................................................................. 102
4.7.5
Apartment Building ................................................................................................................................... 103
4.7.6
Cottage ...................................................................................................................................................... 103
4.7.7
Personal Care Home -Residential (including Group Home and Treatment facilities) ................................ 104
4.7.8
Cluster Residential development .............................................................................................................. 104
4.7.9
Home Business .......................................................................................................................................... 105
4.7.9.1
Bed and Breakfast ..................................................................................................................................... 107
4.7.9.2
Boarding House ......................................................................................................................................... 108
4.7.9.3
Day Care: Residential ................................................................................................................................ 108
4.7.9.4
Parking for Home Business ........................................................................................................................ 108
4.8
PUBLIC INFRASTRUCTURE AND UTILITIES ................................................................................................ 109
4.8.1
Communications ....................................................................................................................................... 109
4.8.2
Easement ................................................................................................................................................... 110
4.8.3
Utilities ...................................................................................................................................................... 110
4.8.4
Transportation/Transmission Corridor ...................................................................................................... 111
5.0
ACCESSORY USES & BUILDINGS ........................................................................................................... 113
5.1
ACCESSORY USES ..................................................................................................................................... 113
5.1.1
General Accessory Uses ............................................................................................................................ 113
5.1.2
Subsidiary Apartments .............................................................................................................................. 114
5.1.3
Satellite Dish .............................................................................................................................................. 114
5.1.4
Solar Panel ................................................................................................................................................. 115
5.1.5
Electric Car Recharging Outlets ................................................................................................................. 115
5.2
ACCESSORY BUILDINGS ............................................................................................................................ 115
5.2.1
Accessory Buildings - General ................................................................................................................... 115
5.2.2
Accessory Buildings - Residential Use Classes ........................................................................................... 116
5.2.3
Accessory Buildings - Non-Residential ...................................................................................................... 117
6.0
BUILDINGS, LOT SITING AND LANDSCAPING AND SERVICES ................................................................. 119
6.1
BUILDINGS ............................................................................................................................................... 119
6.1.1
Building Orientation .................................................................................................................................. 119
6.1.2
Building Quality ......................................................................................................................................... 119
6.1.3
Heat Pump, Mini-Split Heat Pump, Air Conditioner, or External Fan ........................................................ 119
6.1.5
Heritage Building or Structure ................................................................................................................... 120
6.2
LOT SITING AND LANDSCAPING ............................................................................................................... 120
6.2.1
Lot Area ..................................................................................................................................................... 120
6.2.2
Lot Size Exceptions .................................................................................................................................... 120
6.2.3
Unsubdivided Land .................................................................................................................................... 120
6.2.4
Lot Frontage on a Public Street ................................................................................................................. 120
6.2.5
Building Line (Frontyard Setback) ............................................................................................................. 120
6.2.6
Flanking or Corner lots and double fronting lots ....................................................................................... 121
6.2.7
Side Yards .................................................................................................................................................. 121
6.2.8
Multiple Uses on One Lot .......................................................................................................................... 121
6.2.9
Outdoor Storage ........................................................................................................................................ 121
6.2.10
Landscaping ............................................................................................................................................... 122
6.2.10.1 General Landscaping requirements .......................................................................................................... 122
6.2.10.2 Subdivisions ............................................................................................................................................... 122
6.2.10.3 Residential ................................................................................................................................................. 123
6.2.10.4 Commercial and Public Use/Institutional .................................................................................................. 123
6.2.10.5 Industrial ................................................................................................................................................... 123
6.2.10.6 Screening and Landscaping ....................................................................................................................... 124
6.3
INNFRASTRUCTURE SERVICES .................................................................................................................. 124
6.3.1
Streets and access to streets ..................................................................................................................... 124
6.3.2
Services and Public Utilities ....................................................................................................................... 125
6.3.3
Storm Water Management ....................................................................................................................... 125
6.3.4
Effluents .................................................................................................................................................... 126
6.3.5
On-Site Services (Wells and onsite sanitary sewer systems) ..................................................................... 126
6.3.6
Environmental Investigations .................................................................................................................... 126
7.0
OFF-STREET LOADING, PARKING AND SIGNS ....................................................................................... 127
7.1
OFF-STREET LOADING REQUIREMENTS ................................................................................................... 127
7.2
PARKING .................................................................................................................................................. 127
7.2.1
Parking Area Standards ............................................................................................................................. 127
7.2.2
Parking Development Plans....................................................................................................................... 128
7.2.3
Off-Street Parking Requirements .............................................................................................................. 129
7.2.4
Designated Mobility Impaired Parking Spaces .......................................................................................... 131
7.3.
SIGNS (ADVERTISEMENTS) ....................................................................................................................... 131
7.3.1
Permit Required ........................................................................................................................................ 131
7.3.1.1
Signs/Advertisements Exempt from Control ............................................................................................. 131
7.3.1.2
Provincial Highway Sign Regulations, 1996 (under the Urban and Rural Planning Act, 2000) .................. 132
7.3.1.3
Application for Permit ............................................................................................................................... 132
7.3.1.4
Signs/Advertisements Prohibited in Street Reservation ........................................................................... 132
7.3.1.5
Permit Valid for Limited Period ................................................................................................................. 132
7.3.1.6
Removal of Signs/Advertisements ............................................................................................................ 132
7.3.1.7
Approval Subject to Conditions ................................................................................................................. 132
7.3.1.8
Non-Conforming Uses ............................................................................................................................... 132
7.3.2
SIGN STANDARDS FOR SPECIFIC ZONES .................................................................................................... 133
7.3.2.1
Advertisements Relating to Onsite Uses ................................................................................................... 133
7.3.2.2
Advertisements Relating to Offsite Uses ................................................................................................... 133
8.0
SUBDIVISION OF LAND ........................................................................................................................ 135
8.1
SUBDIVISION STANDARDS ....................................................................................................................... 135
8.1.1
Subdivision Standards apply ...................................................................................................................... 135
8.1.2
Subdivisions standards do not apply ......................................................................................................... 135
8.1.2
Permit Required ........................................................................................................................................ 135
8.1.3
Public Notice ............................................................................................................................................. 135
8.1.4
Form of Application ................................................................................................................................... 136
8.1.5
Subdivision Subject to Zoning ................................................................................................................... 136
8.1.6
Subdivision Permit Subject to Considerations ........................................................................................... 136
8.1.7
Restriction on Sale of Lots ......................................................................................................................... 137
8.1.8
Building Permits Required ......................................................................................................................... 137
8.2
SUBDIVISION PERMIT REQUIREMENTS .................................................................................................... 137
8.2.1
Subdivision Development Agreement ....................................................................................................... 137
8.2.2
Municipal Services to be Provided ............................................................................................................ 137
8.2.3
Private Well Water Source: Groundwater Supply Assessment and Reporting ......................................... 138
8.2.4
Fees and Service Levies ............................................................................................................................. 138
8.2.4.1
Subdivision Fees ........................................................................................................................................ 138
8.2.4.2
Service Levies ............................................................................................................................................ 139
8.2.4.3
Deposit of Securities ................................................................................................................................. 139
8.2.4.4
Land for Public Open Space ....................................................................................................................... 139
8.2.4.5
Tree retention and replanting ................................................................................................................... 140
8.3
SUBDIVISION DESIGN STANDARDS .......................................................................................................... 140
8.4
SUBDIVISION ENGINEERING STANDARDS ................................................................................................ 142
8.4.1
Engineer to Design Works and Certify Construction Layout ..................................................................... 142
8.4.2
Developer to Pay Engineer's Fees and Charges ......................................................................................... 142
8.4.3
Street Works May Be Deferred ................................................................................................................. 142
8.4.4
Construction of Utilities ............................................................................................................................ 143
8.4.5
Structures in Street Reservation ............................................................................................................... 143
8.4.6
Transfer of Streets and Utilities to Council ................................................................................................ 143
8.4.7
Mini/mobile home park subdivision ......................................................................................................... 143
9.0
DEVELOPMENT DESIGN GUIDELINES ................................................................................................... 145
9.1
PURPOSE AND APPLICATION .................................................................................................................... 145
9.1.1
Purpose ..................................................................................................................................................... 145
9.1.2
Application ................................................................................................................................................ 145
9.1.3
Crime Prevention Through Environmental Design .................................................................................... 146
9.2
DEVELOPMENT DESIGN SUBMISSION FORMAT ....................................................................................... 148
9.2.1
Comprehensive Site Plan ........................................................................................................................... 148
9.2.2
Building Design Information ...................................................................................................................... 148
9.2.3
Landscape Plan .......................................................................................................................................... 149
9.2.4
Signage Detail (also refer to Section 7.3) .................................................................................................. 149
9.2.5
Development Design Approval .................................................................................................................. 150
9.3
RESIDENTIAL DEVELOPMENT DESIGN GUIDELINES (EXCEPT APARTMENT BUILDINGS) ..................................... 150
9.3.1
Building Design .......................................................................................................................................... 150
9.4
MULTI-UNIT/APARTMENT BUILDING DESIGN GUIDELINES ..................................................................... 152
9.4.1
Building Design .......................................................................................................................................... 152
9.4.2
Landscaping ............................................................................................................................................... 155
9.4.3
Parking Area Design .................................................................................................................................. 156
9.4.4
Signage (Refer to Section 7.3) ................................................................................................................... 156
9.5
COMMERCIAL DEVELOMENT DESIGN GUIDELINES .................................................................................. 157
9.5.1
Building Design .......................................................................................................................................... 157
9.5.2
Landscaping ............................................................................................................................................... 158
9.5.3
Parking Area Design .................................................................................................................................. 159
9.5.4
Signage and other design considerations (Refer to Section 7.3) ............................................................... 160
9.6
INDUSTRIAL DEVELOPMENT DESIGN GUIDELINES ................................................................................... 160
9.6.1
Site Design ................................................................................................................................................. 160
9.6.2
Building Design .......................................................................................................................................... 161
9.6.3
Landscaping ............................................................................................................................................... 161
9.6.4
Parking Area Design .................................................................................................................................. 162
9.7
GREEN APPROACHES TO STORMWATER MANAGEMENT ........................................................................ 162
APPENDICES ................................................................................................................................................... 165
APPENDIX 1: INTERPRETATION OF TECHNICAL TERMS USED IN THE DEVELOPMENT REGULATIONS ......................................... 167
APPENDIX 2: MINISTER'S DEVELOPMENT REGULATIONS .................................................................................. 173
APPENDIX 3: LAND USE ZONING MAP ................................................................................................................ 183
Town of Pasadena Development Regulations 2019-2029
1
1.0 AUTHORITIES AND RESPONSIBILITIES
Application
These Development Regulations apply to:
all persons proposing to undertake a land use and/or development within the Planning Area
boundary, whether residents or non-residents; and,
the Mayor and Councillors and their delegates as they make land use and development
decisions.
All development, including the subdivision/severance of land, carried out within the Planning Area must
have a permit issued by Council in accordance with these Development Regulations.
Permit Responsibilities
Even though an applicant may receive a municipal development permit, the applicant is responsible for
ensuring compliance with all relevant federal and provincial legislation, regulations, policies and
guidelines prior to commencing a land use or development approved under these Development
Regulations. Council may require proof of compliance prior to approval.
Amendment
An amendment to the text of the Development Regulations or rezoning of the Land Use Zoning Map,
may be requested by any person, and the associated costs are borne by that person. The request shall
be made to the Council, and they must follow the amendment process set out in the Urban and Rural
Planning Act, 2000 (Sections 14-24).
An amendment to the text of the Development Regulations or rezoning of the Land Use Zoning Map
which does not requires an associated amendment to the Integrated Community Sustainability Plan
does not follow the full process set out above; however, section 14 public consultation is required as
part of the Council review process and this process along with the associated resolution of Council to
adopt the amendment must be submitted in the required form to the Department of Municipal Affairs
and Environment for Registration.
Legal Effect
Upon publication of the notice of registration of these Development Regulations in the Newfoundland
and Labrador Gazette, the previous Development Regulations are hereby repealed and replaced.
These Regulations may be cited as the "Town of Pasadena Development Regulations 2017", prepared
under the authority of Section 35 of the Urban and Rural Planning Act, 2000 (hereinafter called 'the
Act'). As required under Section 36 of the Act, the Ministerial Development Regulations 03/01 are
included in these regulations.
Town of Pasadena Development Regulations 2019-2029
2
Town of Pasadena Development Regulations 2019-2029
3
2.0 ADMINISTRATION OF THE REGULATIONS
This Section deals with the administration of processing permits for proposed land use and
developments and outlines: when a permit is required, the process for making an application for a
permit, the decision-making process by Council or it's delegate, including the conditions and
requirements that may be attached to the permit, the appeal process, and the enforcement
responsibilities of the Council.
Under Section 109 (2) of the Act, a council may appoint/designate an employee of Council to approve or
reject applications to develop land in accordance with the plan and regulations and that employee may
outline the conditions applicable to that development. Council shall make that designation in writing.
2.1
WHEN IS A PERMIT REQUIRED
All development, including the subdivision/severance of land, carried out within the Planning Area must
have a permit issued by Council in accordance with these Regulations.
Development is defined in the Urban and Rural Planning Act, 2000 as:
"...the carrying out of building, engineering, mining or other operations in, on, over or under land, or the
making of a material change in the use, or the intensity of use of land, buildings or premises and the
i.
making of an access onto a highway, road or way,
ii.
erection of an advertisement or sign,
iii.
construction of a building,
iv.
parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an
office, or for living accommodation, and excludes the
v.
carrying out of works for the maintenance, improvement or other alteration of a building,
being works which affect only the interior of the building or which do not materially affect
the external appearance or use of the building,
vi.
carrying out by a highway authority of works required for the maintenance or improvement
of a road, being works carried out on land within the boundaries of the road reservation,
vii.
carrying out by a local authority or statutory undertakers of works for the purpose of
inspecting, repairing or renewing sewers, mains, pipes, cables or other apparatus, including
the breaking open of street or other land for that purpose, and
viii.
use of a building or land within the courtyard of a dwelling house for a purpose incidental to
the enjoyment of the dwelling house as a dwelling..."; and,
ix.
"Subdivision means the dividing of land, whether in single or joint ownership into 2 or more
pieces for the purpose of development". The requirements for subdivision development can
be found in Section 8.
All development shall be carried out and maintained within the Planning Area in accordance with these
Regulations and any other by-law or regulation enacted by Council.
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2.2
APPLICATION FOR A PERMIT
2.2.1
Who can apply and how
An application for a Permit or for Approval in Principle shall be made only by the owner or by a person
authorized by the owner to Council on such form as may be prescribed by Council.
Council shall, on request, supply to every applicant a copy of the application forms and a description of
the plans, specifications, and drawings required to be provided with the application.
Council shall provide an applicant for a permit with available information and requirements applicable
to the application.
Where Approval in Principle is granted under these Regulations, it shall be subject to the subsequent
approval by Council upon the applicant's fulfilment of the details and conditions listed in the Approval in
Principle, which shall be received not later than one year from the issuance of the Approval in Principle.
If the details and conditions are not received, and there is no request for an extension (as per 2.5.5) then
the Approval in Principle is void and the application is rejected.
2.2.2
Requirements for All Applications
An application for a Development (including Subdivision) permit shall contain the information needed to
satisfy the applicable requirements in these Regulations.
2.2.2.1 Land use and development applications:
Every application shall include all information required to process the application in accordance with
these Regulations:
such plans, specifications and drawings as Council may require;
the permit fee required by Council;
location of the site on a map;
details of proposed use: type, size and scale of operation, landscaping;
lot area, lot frontage, siting of all structures, setbacks (existing/proposed), including site plans,
location certificate for development, location of easements (if any);
contours and viewscapes, particularly from the TransCanada Highway looking towards the
southern slopes of the community;
natural features such as wetlands, watercourses, drainage channels, and slopes that exceed 15
percent, unstable slopes, existing vegetation, trees and any other environmentally sensitive
areas requiring protection;
existing streets, buildings, and land uses in the vicinity of the site;
a conceptual layout of proposed streets, trails, and other major components of the
development;
proposed access/egress, parking, loading requirements;
proposed water supply, waste disposal and storm water drainage services; including the
Canadian Drinking Water Guidelines;
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provide information regarding general conditions and standards for land use and development
as outlined in subsection 4.1 indicating whether they are applicable (or not) and how they are
addressed; and,
a legal survey plan prepared by a registered Newfoundland and Labrador land surveyor.
2.2.2.2
Additional information for buildings
Where the application involves a building, the following information shall be added, as appropriate:
1. Application information regarding the buildings:
a. siting of building on the lot, including building line setback and yards;
b. bulk and height, in terms of floor area and building height;
c. off-street parking, circulation, and loading, in terms of variables specified in Section 7.1;
and,
d. landscaping and buffers;
2. Following the pouring of foundation or building footings, a developer is required to provide the
Town with a site survey and/or location certificate to verify the proper siting to the building with
respect to property lines and building setbacks.
3. Upon completion of the construction of a building, compliance to all applicable building and
other code requirements shall be verified by a letter addressed to the Town from the
builder's/developer's professional engineer.
2.2.2.3 Un-subdivided Land:
Development is not permitted on un-subdivided land unless sufficient area is reserved to satisfy the yard
and other allowances called for in the Use Zone in which it is located; these the allowances shall be
retained when the adjacent land is developed.
2.2.2.4 Additional information requirements:
Where Council determines that further information is needed which requires a professional technical
assessment (i.e., environmental, soils, steep slope, geotechnical, drainage, etc.), the work shall be
conducted by a qualified professional registered in the Province of Newfoundland and Labrador who will
provide a certified report and recommendations at the expense of the applicant.
The application will indicate how the proposed development(s) is compatible with the existing character
of the neighbourhood and adjacent buildings, and in accordance with these Regulations.
2.2.2.5 Referrals
Where parcels overlap the Municipal Planning Area boundary of another community, a referral to the
adjacent community (as a regulatory authority) is required.
Where the proposed development is located on or near a land use interest of another government
agency, the Town will refer the application to the appropriate agency for comment prior to issuing the
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permit. To determine where these interests are located, a useful resource is the provincial government
Department of Fisheries and Land Resources, Land Use Atlas which can be found at the following link:
https://www.gov.nl.ca/landuseatlas/details/
2.2.3
Application Information Requirements for Discretionary Uses
Discretionary Uses may only be considered for an application to develop where:
the Discretionary Use is stated in the applicable Use Zone table (Section 3); and,
Council has, at the applicant's expense, published a notice in a newspaper circulating in the area
of the application and considered any representations or submissions received in response to
that advertisement;
Council may also use social media, such as the Town Facebook page, to inform residents of the
proposed discretionary use;
Council, at its discretion, may contact adjacent landowners for input regarding the proposed
discretionary use.
Discretionary Uses involving operation of a business/service, in addition to the information
requirements for lots and buildings in 2.2.1, shall contain the following information relating to:
floor area to be used for Discretionary Use,
number of employees employed on site, and
hours of operation.
2.2.4
Application Information Requirements for Comprehensive Development
In addition to the information in 2.2.2, the following requirements will apply to all proposed site
developments involving new street construction or development of large sites for commercial (including
commercial recreational), industrial, residential and public institutional development.
A Comprehensive Development application would normally include the following:
Identification of Developable Area of site, indicating accommodation of site conditions such as
poor drainage, steep slopes, flooding potential and rocky ground;
Proposed siting of new buildings, or additions, including building square footage area size,
building height, and setback distances to property lines;
Building lot area coverage and floor area ratio where applicable;
Total number of proposed multi-unit residential dwellings, or strata unit commercial and/or
industrial units, and interior floor plans;
Layout drawing of proposed parking area, total number and size of parking spaces and
maneuvering aisles, access and egress locations to parking area, provisions for bicycle parking
where applicable, landscape screening for parking areas and storm water drainage
management;
Identification of outdoor amenity and open space improvement areas;
Identification of unenclosed storage areas and area size; and,
Overview of landscaping treatment and approach for the site development.
phasing of the development;
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Street and servicing layout, including on-site road pattern and traffic and relation to surrounding
community in conformance with Town standards;
Indicate any issues related to the long-term maintenance of streets and other services;
Indicate fiscal benefits to the Town;
Must meet the requirements of 4.1.4; and,
if required, an amendment to the Municipal Plan and Development Regulations for adoption by
the Council.
2.3
LAND USE ZONING AND DEVELOPMENT STANDARDS
2.3.1
Land Use Zones
The Planning Area is divided into Land Use Zones which are shown on the Zoning Map attached to, and
forming part of, these Regulations.
The boundaries of the Use Zones shown on the Land Use Zoning Maps are general only and, except
where they coincide with roads, shorelines, or other prominent physical features, are not intended to
define exact limits. No zoning amendment shall be required in order to accommodate minor
adjustments of the Use Zone boundaries. Other than such minor boundary adjustments, no
development shall be permitted that does not conform to the Use Zone delineated on the Land Use
Zoning Maps.
Where there is uncertainty regarding the existence of a watercourse identified on the zoning map, this
can be confirmed in the field. If it is determined that the watercourse does not exist, the area in
question will be treated as if it is occurring within the surrounding zone.
The following sections explain how to interpret the Use Zone Table for each zone in Section 3.
2.3.2
Land Use Zone Tables: Permitted and Discretionary uses
The Use Zone Tables in Section 3 set out the permitted, and discretionary uses for each Zone. The
standards, requirements and conditions applicable to these Uses are set out in Sections 4, 5, 6 and 7.
Council may exercise discretionary decision-making authority as per sections 2.5.12 and 2.5.13.
2.3.2.1 Permitted Uses
Subject to these Regulations, Permitted Uses set out in the Use Zone Table may be permitted by the
Council in that Use Zone provided that it meets the development standards and requirements of the
Development Regulations.
2.3.2.2 Discretionary Uses
The discretionary uses listed in the Use Zone Tables may be permitted at the discretion of Council,
provided that they are complimentary to uses within the permitted use class, or that their development
will not inhibit or prejudice the existence or the development of such uses. (Refer to the Development
Standards set out in Sections 3, 4, 5, 6 and 7).
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Council must be satisfied that the development would not be contrary to the general intent and purpose
of these Regulations, the Municipal Plan, or any further scheme or plan or regulation pursuant thereto,
and to the public interest.
Council is required to provide public notice of the application in accordance with Provision 2.6.3 and has
considered any objections or representations which may have been received on the matter. It is
recommended that Council notify the neighbouring property owners directly regarding the proposed
discretionary use.
2.3.2.3 Accessory Uses and Accessory Buildings
As set out in Section 5, and 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.
A permit is required for accessory uses and accessory buildings.
2.3.2.4 Uses Not Permitted
Uses that are not listed as Permitted or Discretionary Use on a Use Zone Table shall not be permitted in
that Use Zone. As well, Council may also indicate Prohibited uses. Specific Prohibited uses include:
-
Uses related to Adult Entertainment;
-
Methadone dispensing clinics;
-
The household keeping, commercial display and sales of exotic snakes and reptiles; and,
-
Industrial activities that cause air-borne, terrestrial and marine environment pollution impacts.
2.3.2.5 Uses Permitted in All Land Use Zones
Notwithstanding 2.3.2.4, the following uses will be permitted in any land use zone:
Conservation uses, including:
o Environmental protection; and
o Open space uses including parks and trails and lands set aside for environmental
protection purposes - Refer to section 4.5.
Mineral exploration not classed as 'Development' - Refer to 4.4.12. and as a Discretionary use in all
zones: Mineral exploration classed as' development'.
Note that the definition of 'Development' excludes public utilities and infrastructure (4.8), (excluding
cellular towers); therefore, these are allowed in all zones.
Condition:
Uses permitted in all land use zones must not create adverse impacts on adjacent land uses, and Council
may require appropriate buffers, including landscape treatment between a public utility/infrastructure
use and adjacent land uses.
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2.3.3
Development Conditions and Standards
Development within the Planning Area must conform to:
Policies set out in the Municipal Plan;
Development standards set out in the Development Regulations:
Standards and conditions set out in the specific Use Zones where the proposed development is
located (Section 3.0);
Land Use and Development standards (Section 4.0);
Accessory Uses & Accessory Buildings, and Home Business standards (Section 5);
Building, Siting and Servicing standards (Section 6.0);
Off-street Parking and loading standards (Section 7.0);
Standards regarding Signs (Section 7.0)
Standards for Subdivisions (Section 8.0)
Standards of design and appearance established by Council (Section 9).
Standards set out in the National Building Code and ancillary codes (plumbing, electrical, etc.);
Any other municipal regulation in force in the Planning Area regulating or controlling
development, conservation and use of land and buildings;
Requirements of federal and provincial legislation, regulations, and policy and guidelines.
If Council is aware that a proposed development may not comply with a particular provincial or federal
act or regulation, it may require the applicant to provide confirmation that necessary government
approvals have been obtained before issuing a development permit.
If Council deems that a proposed development may trigger the requirements of the Environmental
Assessment Regulations 2003, the proponent will be advised to consult with the Environmental
Assessment Division before a development permit is issued.
Where these Regulations are more stringent than a provincial or federal act of regulation, these
Regulations will apply.
If the proposed development is not a use that is a permitted or discretionary use in the Zone where the
land is located; then, the applicant may consider an application to rezone the property.
2.4
OPTIONS IF YOUR PROPOSAL DOES NOT FIT THE LAND USE ZONES OR DEVELOPMENT
CONDITIONS/STANDARDS
2.4.1
Variances
Where the proposed development does not comply with the development standards set out in these
Regulations, Council may, in its discretion, vary the applicable development standards to a maximum of
ten percent (10%) if, in Council's opinion, compliance with the development standards would prejudice
the proper development of the land, building, or structure in question or would be contrary to public
interest.
Council shall not allow a variance from development standards set out in development regulations if
that variance, when considered together with other variances made or to be made with respect to the
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same land, building, or structure would have a cumulative effect that is greater than a ten percent (10%)
variance even though the individual variances are separately no more than ten percent (10%);
Council shall not permit a variance from the development standards where the proposed use would
increase the non-conformity of an existing development or would result in the creation of non-
conformity of any existing legal development.
Where Council is to consider a proposed variance, Council shall give written notice of the proposed
variance from development standards to all persons whose land is in the immediate vicinity of the land
that is the subject of the variance, and allow a minimum period of seven (7) days for response.
2.4.2
Infill Development
Council will encourage infill development in serviced areas, subject to the following requirements:
the type, scale, massing, and design of the development is generally appropriate to the
neighbourhood;
preservation of side/back/front yards for public safety requirements; and,
adequate provision is made for light, privacy, and amenity.
Where a proposed development constitutes infill between existing developments, Council may consider
changes to the lot area, building line setback, and frontage based on the land capability to
accommodate servicing requirements; and also ensure that the building line setback is consistent with
adjacent properties and the general area.
Such infill proposals must be consistent with adjacent development and not compromise public safety,
neighbouring services, or the general amenity of the area.
2.4.3
Non-Conforming Uses or Non-Conforming Development
(Refer to Section 108(2) of the Urban and Rural Planning Act 2000 and Sections 14, 15, and 16 of the
Ministerial Development Regulations found in Appendix A and B)
Any legal use of land or development at the date of the registration of these Regulations, although not
conforming, either due to zoning or development standards) may:
be continued, or;
be varied to a use that is more compatible with the plan and regulations, if:
o Council has, at the applicant's expense, published a notice in a newspaper circulating in
the area of the application and considered any representations or submissions received
in response to that advertisement; and,
o if it is Council's opinion that the new use is more compatible with the permitted use(s)
in the Use Zone in which the building is located.
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Conditions regarding a non-conforming use of land or development:
a) Shall not be internally or externally varied, extended or expanded unless otherwise approved by
Council;
b) Shall not be structurally modified except as required for the safety of the building, structure or
development,
c) Shall not be reconstructed or repaired for use in the same non-conforming manner where 50% or
more of the value of that building, structure or development has been destroyed, except as
provided for in Paragraph (g) below,
d) May have the existing building extended by Council where, in Council's opinion that extension is not
more than 50% of the existing building,
e) Where the non-conformance is with respect to the standards in these Regulations, shall not be
expanded if the expansion would increase the non-conformity,
f) may have the existing use for that building, structure or development varied by the appropriate
council, regional authority or authorized administrator to a use that is, in their opinion more
compatible with a plan and regulations applicable to it;
g) where the building, structure, or development is primarily zoned and used for residential purposes,
may, in accordance with the appropriate plan and regulations, be repaired or rebuilt where 50% or
more of the value of that building or structure is destroyed, and
h) A residential building or structure referred to in Paragraph (g) must be repaired or rebuilt in
accordance with the plan and development regulations applicable to that building or structure.
If a non-conforming development or land use is discontinued after these Regulations came into legal
effect, a right to resume a discontinued non-conforming use of land shall not exceed one year after the
discontinuance occurred, unless otherwise specified by Council. For the purpose of this Regulation,
discontinuance of a non-conforming use begins when any one of the following conditions is met:
The building or use of land is clearly vacated or the building is demolished,
The owner or tenant has ceased paying business taxes for that use, and
The owner or tenant has stated in writing that the use has ceased.
2.4.4
Amendment to Development Regulations
An amendment to these Development Regulations may be requested by any person, and shall be
submitted to the Council. Note that this might also require an associated amendment to the Municipal
Plan. All costs for the amendment are to be borne by the person requesting the amendment, except
when initiated by Council.
Where an application for an amendment involves private property, the application shall be made by the
property owner or a person operating under the owner's written consent. A copy of this written consent
must accompany the application for an amendment to the text of the Development Regulations or
rezoning of the Land Use Zoning Map.
Where a Plan amendment and/or zone change is for a specific development proposal, or where more
site specific and detailed information on the type and nature of future development is required, all, or
some, of the following criteria may be considered:
all of the criteria listed in the policies of the Plan;
the height, location and spacing of any buildings in the proposed development, and any
potential impacts on surrounding land uses;
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the location of vehicular access points the likely impact of traffic generated by the proposal on
streets, pedestrian and vehicular safety, and on surrounding properties;
the exterior design in terms of bulk, scale, and layout of buildings, and the integration of these
uses with present and future land uses in the area;
the potential impact of the development on surrounding natural features and heritage
resources;
compliance of the proposed development with the provisions of the Town's Municipal Plan and
Development Regulations; and,
measures planned by the applicant to mitigate any adverse impacts on surrounding land uses
and streets which have been identified as part of the Planning Impact Analysis.
2.5
COUNCIL DECISION-MAKING
2.5.1
Timely Decision-making
Applications properly submitted in accordance with these Regulations which have not been determined
by Council and on which a decision has not been communicated to the applicant within sixty (60) days of
the application being received by Council, shall be deemed to be refused.
2.5.2
Deferment of Application:
Council may, with the written agreement of the applicant, defer consideration of an application.
An application properly submitted in accordance with these Regulations shall be determined within 60
days of the receipt thereof by Council or shall be deferred.
Council may defer decisions on an application for a Development Permit and/or an application for an
amendment to these Regulations within a specified area where Council has directed that a planning
study or other similar study pertaining to the future use and development of the specified area be
undertaken.
An application may be withdrawn only on receipt of a written request from the applicant.
2.5.3
Public Notice (Refer to Ministerial Development Regulations, Sections 13 & 15)
Council must, at the applicant's expense (Section 35 (1) of the Act), publish a notice in a newspaper
circulating in the area of the application and consider any representations or submissions received in
response to that advertisement, when an application is received regarding:
A change in a non-conforming use; notice of an application to change a non-conforming use will
be by advertisement in a newspaper circulating in the area, and a minimum of seven (7) days
will be provided for persons to respond.
A proposed development is listed as a discretionary use; notice of an application to change a
non-conforming use will be by advertisement in a newspaper circulating in the area or by other
reliable means give public notice, and a minimum of seven (7) days will be provided for persons
to respond.
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A comprehensive development is proposed; Council will publish a notice in a newspaper
circulating in the area or by other reliable means give public notice, and will provide a minimum
of fourteen (14) days for persons to respond; or,
Council determines that the public should be notified of an application; notice of the application
will be by advertisement in a newspaper circulating in the area or by other reliable means give
public notice, and a minimum of seven (7) days will be provided for persons to respond.
A Planning Impact Analysis is proposed; Council will publish a notice in a newspaper circulating
in the area or by other reliable means give public notice, and will provide a minimum of
fourteen (14) days for persons to respond;
Notification regarding a variance will be carried out as follows:
written notice of a variance application will be given directly to persons whose land is in the
immediate vicinity of the land that is the subject of the variance who are likely to be affected
(Minister's Development Regulations-see Appendix) and a minimum of seven (7) days will be
provided for persons to respond;
2.5.4
Briefing Sessions
Council may require a public meeting to be held in respect of any matter arising under these
Regulations.
Council may advertise or require the applicant to advertise the application by a minimum of one (1)
advertisement in a newspaper circulating in the local area at least ten (10) calendar days prior to the
holding of a briefing session where the application shall be discussed.
The newspaper notice shall: (a) contain a general description of the application; (b) specify the date set
for the briefing session at which the application is to be discussed; (c) specify the date set for receipt of
written representation on the application by the Town; (d) identify the place and time where the
application can be viewed by the public; and (e) specify that Council shall cancel the briefing session if
no written response is received by the deadline for the receipt of responses.
Council may make such effort as it deems reasonable to provide that written notices are mailed to the
addresses of property owners, as identified on the current Town's assessment role, within a radius of at
least one hundred and fifty metres (150 m) from the application site, a minimum of fourteen (14)
calendar days prior to a briefing session where such application is discussed.
Notes of the proceedings of the briefing session shall be undertaken and these notes, together with any
written representations, shall be considered by Council when it makes its decision on the matter, which
is the subject of the briefing session.
An elected member of Council shall act as Chairperson of the briefing session.
2.5.5
Approval in Principle
Council may grant an approval in principle if it determines that the proposed development complies
generally with the intent and purposes of the Municipal Plan and these Regulations.
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Council will attach to the approval in principle such conditions that it deems necessary to ensure the
proposed development will be in accordance with the Plan and these Regulations. It will also outline
such details that the applicant will be required to address before a final development permit will be
granted.
An approval in principle will be valid for a period of one (1) year and may be extended for one (1)
additional year, up to a maximum of two (2) years.
Where approval in principle is granted, approval of a final development permit will be subject to the
subsequent approval by Council of any details and conditions that were outlined in the approval in
principle.
Approval in principle will not constitute permission to commence development. No form of development
will commence until Council has issued a proper development permit.
Council may revoke approval in principle if it determines that the applicant has changed the proposed
development in a way that significantly alters the original intent of the application or has not adequately
addressed conditions or details stipulated in the approval in principal.
A decision by Council on an application for an approval in principle can be appealed in accordance with
Section 42 of the Act.
2.5.6
Approval of Development Permit
1. A written development permit issued by Council or its designated staff will constitute permission to
develop in accordance with these Regulations, but such permission shall not relieve the applicant
from full responsibility for obtaining all other permits or approvals prior to commencement of
development and complying with all other regulations and statutes during development.
2. Council may attach conditions to a development permit to ensure compliance with the Municipal
Plan and these Regulations, and the permit holder will be responsible for full compliance with these
conditions. When approving an application for a discretionary use, Council shall state in writing the
basis for its approval.
3. Where the development is a building(s), following the pouring of foundation or building footings, a
developer is required to provide the Town with a site survey and/or location certificate to verify the
proper siting of the proposed building with respect to property lines and building setbacks.
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 for Signs (see Section 7.3).
5. The issuance of a development permit does not prevent Council thereafter from requiring the
correction of errors, or ordering the cessation or removal of, or remedial work on, any development
that is in violation of the Municipal Plan or these Regulations or any other regulations or statute.
6. Council 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.
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7. No person shall change the application for which a development permit was issued unless written
approval of the change has been issued by Council.
8. A copy of the development permit, along with plans and specifications, shall be kept on the site until
the development is completed.
9. Council may revoke a development permit if it determines that the applicant has changed the
proposed development in a way that significantly alters the original intent of the application or has
not adequately addressed conditions or details stipulated in the approval in principal.
10. A decision by Council on an application for an approval can be appealed in accordance with Section
42 of the Act (Refer to Section 2.7).
2.5.7
Temporary Use Permit
Definition: means a development or the use of land limited in scope, duration and frequency and is
allowed to operate on a short-term basis, such as, a temporary outdoor market.
Standards: At its discretion, Council may issue a development permit for a temporary use, which must
comply with the Municipal Plan and these Regulations. The permit may be for a period not exceeding
one (1) year and may be extended at the request of the applicant for one (1) additional year, up to a
maximum of two (2) years.
2.5.8
Correction of Errors and Remedial Work
The approval of any plans or drawings or the issuance of a Development Permit or permit shall not
prevent Council or any officer from thereafter requiring the correction of errors or from ordering the
cessation of, or remedial work on any development being carried out in the event that the same is in
violation of these or any other regulations or statutes.
2.5.9
Revoke Permit
Council or any officer may revoke an approval and any subsequent permits for failure by the holder, to
comply with these Regulations or any condition attached to the permit or where the permit was issued
contrary to the applicable regulations or was issued on the basis of incorrect information.
2.5.10
Fee for Permit
Council may charge a fee for a development permit in accordance with the annual schedule of fees
adopted by Council.
2.5.11
Written Reasons for Refusing or Setting Conditions on a Permit
Council shall, when refusing to issue a permit or attaching conditions to a permit, state the reasons for
so doing. The Council shall also advise the applicant of their right to appeal in accordance with Section
42 of the Act.
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2.5.12
Refusal: Premature development
No permit shall be issued for development within the Planning Area when:
in the opinion of Council, it is premature by reason of the site lacking adequate road access,
power, drainage, sanitary facilities, or domestic water supply, or being beyond the natural
development of the area at the time of application,
UNLESS
the applicant contracts to pay the full cost of construction of the services deemed necessary by
Council and such cost shall attach to and upon the property in respect of which it is imposed.
Where a Development Permit application for a land or building development or for an amendment to
the Development Regulations has been effectively denied by a resolution of Town Council, application
for the same development, building or amendment shall not be considered within 12 months of the
date of the previous refusal.
2.5.13
Discretionary Decision-making Powers of Council
In considering an application for a permit to carry out development, Council shall take into account the
policies expressed in the Municipal Plan and any further scheme, plan or Regulations pursuant thereto,
and shall assess the general appearance of the development of the area, the amenity of the
surroundings, availability of utilities, public safety and convenience, and any other considerations which
are, in its opinion, material, and notwithstanding the conformity of the application with the
requirements of these Regulations, Council may, in its discretion, and as a result of its consideration of
the matters set out in this Regulation, conditionally approve or refuse the application.
The exercise of discretionary powers does not enable Council to permit the development of a use that is
not set out as a permitted use or a discretionary use in the Zone where the proposed land use or
development is located, except when it considers that a proposed use is sufficiently similar to a
permitted or discretionary use, and in accord with the general intent of the Municipal Plan and the
applicable Use Zone.
2.5.14
Register
Council shall keep a register of all applications for development and shall enter therein Council's
decision upon each application and the result of any appeal from that decision.
2.6
SPECIAL CONDITIONS FOR DEVELOPMENT
2.6.1
Development Agreement
Where a Development Agreement is required as a condition of a Development Permit, the Development
Agreement shall set out the terms specific to that agreement and shall be signed by the applicant and
Council within one year of the approval granted by Council. Development cannot proceed until all
conditions of the Development Permit are met and the Development Agreement is signed by the
applicant and Council.
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2.6.2
Planning Impact Analysis for Plan
Council may require a Planning Impact Analysis to evaluate any proposed land use, development and/or
situation that affects the policies contained in the Municipal Plan.
Planning Impact Analysis will be used to evaluate applications for a plan amendment and/or zone
change, to determine the appropriateness of a proposed change in land use, and to identify ways of
reducing any adverse impacts on surrounding land uses. Planning Impact Analysis is intended to
document the criteria reviewed by municipal staff through the application review process to assess an
application for change. Depending upon the situation, other criteria may also be considered.
The Terms of Reference for a Planning Impact Analysis shall be approved by Council prior to its
execution, and shall become an integral part of the report itself. The report and any supporting studies
may be prepared at the expense of the applicant, at Council's discretion.
An applicant for a proposed change in land use may be required to provide information and details on
the development and its likely impacts, for the purposes of assisting the Town in undertaking Planning
Impact Analysis.
Prior to the approval of a Land Use Impact Assessment, Council shall provide adequate time for a public
review of the report, using the procedures for public notification as outlined for Discretionary Uses or
Variances.
2.6.3
Financial Guarantees by Developer
Council may require a developer, before commencing a development, to make such financial provisions
and/or enter into such agreements as may be required to guarantee the payment of service levies,
ensure site reinstatement, and to enforce the carrying out of any other condition attached to a permit.
The financial provisions may be made in the form of:
a) a cash deposit from the developer, to be held by Council;
b) a security or guarantee by a bank, or other institution acceptable to Council, for expenditures by the
developer;
c) a performance bond provided by an insurance company or a bank, or;
d) an annual contribution to a sinking fund held by Council.
2.6.4
Service Levy
Council may require a developer to pay a service levy where development is made possible or where the
density of potential development is increased, or where the value of real property is enhanced by the
carrying out of public works either on or off the site of the development (Section 149 (2) Municipalities
Act, 1999).
A service levy shall not exceed the cost, or estimated cost, including finance charges to Council of
constructing or improving the public works referred to above that are necessary for the real property to
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be developed in accordance with the standards required by Council and for uses that are permitted on
that real property.
A service levy shall be assessed on the real property based on: (a) the amount of real property benefited
by the public works related to all the real property so benefited, and (b) the density of development
made capable or increased by the public work.
Council may require a service levy to be paid by the owner of the real property; (a) at the time the levy is
imposed, (b) at the time development of the real property commences, (c) at the time development of
the real property is completed, or (d) at such other time as Council may decide.
2.6.5
Require Land Conveyed for Public Work Purpose
Council may, for a development not involving a subdivision, require a portion of the land to be
developed to be conveyed to the Town for a public purpose where public works are required to
accommodate the proposed development.
2.6.6
Land for Park/Public Use
A Council may, for a development that is not a subdivision, require that the owner of the land being
developed convey to the council or regional authority, for a public purpose, a portion of the land
proposed for development.
2.6.7
Land for Park/Public Use in Subdivisions
Council may require the dedication of a percentage of the land area of any subdivision or other
development for public use, and such land shall be conveyed to Council in accordance with Section 37 of
the Act.
2.6.8
Restoration of Land
Council may require the restoration of land after a development or use is discontinued.
2.6.9
Environmental Covenant
Council may require as part of a land development application approval consideration that an
environmental (i.e., wildlife habitat, water quality, tree canopy, viewscapes, etc.) and/or archaeology
protection legal covenant be placed on the title of the subject property to protect and preserve the
environmental area in perpetuity.
2.7
APPEALS
The person to whom a Town's decision applies shall have the right to appeal that decision in accordance
with the provisions of Sections 42 to 46 of the Act. The following excerpts are provided from the Urban
and Rural Planning Act, 2000 with respect to Appeals:
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"Appeal
42.(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 board where the decision is with respect to
(a)an application to undertake a development;
(b)a revocation of an approval or a permit to undertake a development;
(c)the issuance of a stop work order; and
(d) decision permitted under this or another Act to be appealed to the board.
(2)A decision of a council, regional authority or authorized administrator to adopt, approve or proceed with
a plan, 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 a plan, scheme and development
regulations that apply to the matter being appealed.
(4) An appeal made under this section shall be filed with the appropriate 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 board may meet as often as it considers necessary to conduct its work in an expeditious manner.
(7)A person or group of persons affected by the subject of an appeal or their representatives may appear
before a board and make representations concerning the matter under appeal.
(8)A board may inform itself of the subject matter of the appeal in the manner it considers necessary to
reach a decision.
(9)A board shall consider and determine appeals in accordance with this Act and a plan, scheme and
regulations that have been registered under section 24 and having regard to the circumstances and merits of
the case.
(10) In determining an appeal, a 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
council, regional authority or authorized administrator to carry out its decision or make the necessary order
to have its decision implemented.
(11 Notwithstanding subsection (10), where a council, regional authority or authorized administrator may,
in its discretion, make a decision, a board shall not make another decision that overrules the discretionary
decision.
(12) The decision of a majority of the members of a board present at the hearing of an appeal shall be the
decision of the board.
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(13)A board shall, in writing notify the appellant and the appropriate council, regional authority or
authorized administrator of the decision of the board.
Hearing of evidence
43.(1) Notwithstanding subsection 42(7), where
(a)due to the isolation of an area that is the subject of an appeal, it would be difficult or costly for a board to
hear representations from a council, regional authority, authorized administrator or other person;
or
(b)the parties to an appeal agree in writing,
a council, regional authority, authorized administrator and other persons who are parties to the appeal may
(c submits written arguments to the board; or
(d)present arguments by teleconference, telephone or other electronic means,
and the board may deliberate and make a determination on the matter based upon those written or other
submissions.
(2) Where a board considers it necessary to visit and view a property that is the subject of an appeal, one
member of that board or another person whom the board may authorize, may make that visit and, in
writing, report to the board on the visit and viewing of the property.
(3) information provided to a board under subsections (1) and (2) shall be considered to have been provided
in the same manner as evidence before a board during a hearing of an appeal under section 42.
Fees
44.(1) The minister may establish fees for the making of appeals under this Part.
(2)A fee paid under subsection (1) shall be paid to the board hearing the matter and shall be retained by that
board.
(3) Where an appeal made under section 42 is successful, an amount of money equal to the fee paid by the
appellant under subsection (1) shall be paid to the appellant by the council, regional authority or authorized
administrator that made the appealed decision.
Development may not proceed
45 (1) Where an appeal is made under section 42, the development with respect to the appeal, work related
to that development or an order that is under appeal shall not proceed or be carried out, pending a decision
of the board.
(2) Where, on appeal, a permit to develop is confirmed or ordered to be issued, a council, regional authority
or authorized administrator shall issue the permit as confirmed or ordered.
Appeal to court
46 (1)A decision of a board may be appealed to the court not later than 10 days after that decision has been
received by the appellant.
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(2) An appeal of a decision of a board under subsection (1) may be made on a question of law or
jurisdiction.
(3)A board may be represented by counsel and heard on an appeal under this section.
(4) the court shall either confirm or vacate the order of the board and where vacated the court shall refer the
matter back to the board with the opinion of the court as to the error in law or jurisdiction and the board
shall deal with the matter in accordance with that opinion."
- End of Excerpt -
The following process consists of excerpts from Ministerial Development Regulations (including the
numbering) which can be found in the Appendices.
"Notice of Right to Appeal
5.
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.
Appeal Requirements
6 (1) The secretary of the Appeal Board at the Department of Municipal and Provincial Affairs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, NL, A1B 4J6 is the secretary
to all Appeal Boards in the province and an appeal filed with that secretary within the time period
referred to in subsection 42(4) of the Act shall be considered to have been filed with the appropriate
Appeal Board.
(2) The fee required under section 44 of the Act shall be paid to the Appeal Board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or (2) within the 14
days referred to in subsection 42(4) of the Act.
(3) The Appeal Board that hears the decision being appealed shall, subject to subsection 44(3) of the
Act, retain the fee paid to the Appeal Board.
(4) Where an appeal of a decision and the required fee is not received by an Appeal Board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
Appeal Registration
7. (1) Upon receipt of an appeal and fee as required under the Act and these regulations, the secretary of
the Appeal Board as referred to in subsections 24(1) and (2), shall immediately register the appeal.
(2) Where an appeal has been registered the secretary of the Appeal Board shall notify the Authority of
the appeal and shall provide to the Authority a copy of the appeal and the documentation related to the
appeal.
(3) Where the Authority has been notified of an appeal that Authority shall within one week of
notification forward to the appropriate board a copy of the application being appealed, all
correspondence, council minutes, plans and other relevant information relating to the appeal including
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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 Authority shall ensure that any
development upon the property that is the subject of the appeal ceases.
(2) Sections 102 and 104 of the Act apply to the Authority acting under subsection (1).
(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.
Hearing Notice and Meetings
9. (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.
Hearing of Evidence
10 (1) An Appeal Board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under regulation 29(1) or their representative may appear before the Appeal
Board and make representations with respect to the matter being appealed.
(2) An Appeal Board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3) A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing of a
property shall be considered to have been provided in the same manner as evidence directly provided
at the hearing of the Appeal Board.
(4) In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of evidence.
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."
- End of excerpt -
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2.8
ENFORCEMENT
2.8.1
Delegation of Authority
The Urban and Rural Planning Act, 2000 provides for delegation of enforcement responsibilities under
section 109, where, an employee of a council may issue an order under the section (see below). An
order made by an employee shall be confirmed by a majority vote of the members of the council
present at the next meeting of that Council after the order is made and if the order is not confirmed in
this manner, it shall be considered to be cancelled.
2.8.2
Right of Entry
Council or an officer may enter upon any public or private land and may at all reasonable times enter
any development or building upon the land for the purpose of making surveys or examinations or
obtaining information relative to the carrying out of any development, construction, alteration, repair,
or any other works whatsoever which Council is empowered to regulate.
2.8.3
Enforcement Authorities
Where it is determined that a use of land or development is contrary to the Integrated Community
Sustainability Municipal Plan and Development Regulations, Council may initiate enforcement measures
by issuing a stop work order. Every inspector shall keep a record of any violation of these Regulations
and report that violation to Council.
2.9 NATIONAL CODES AND REGULATIONS
The National Building Code, and associated codes, such as the Plumbing Code, the Fire Code, the
Electrical Code, the Life Safety Code, and any other ancillary code and other municipal regulations
regulating or controlling the development, conservation, and use of land shall, under these Regulations
apply to the entire Planning Area. Water quantity and quality are to comply with the Canadian Drinking
Water Standards.
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3.0 LAND USE ZONES
The Municipal Plan states the Intent and Policies for each of the following land use classes. The
Development Regulations enable the implementation of these policies through the following zones:
RESIDENTIAL:
1. RESIDENTIAL LOW DENSITY
2. RESIDENTIAL MEDIUM DENSITY
3. RESIDENTIAL RURAL
COMMERCIAL:
4. DOWNTOWN COMMERCIAL
5. HIGHWAY COMMERCIAL
6. NEIGHBOURHOOD COMMERCIAL
INDUSTRIAL:
7. INDUSTRIAL
8. INDUSTRIAL LIGHT
9. INDUSTRIAL RURAL
OTHER ZONES:
10. AGRICULTURAL
11. COMPREHENSIVE DEVELOPMENT AREAS (CDA)
a. CDA-Comprehensive Development Area - Mixed
b. CDA- Comprehensive Development Area -Tourism-Related
c. CDA- Comprehensive Development Area -Industrial
12. CONSERVATION
13. MIXED USE
14. OPEN SPACE/RECREATION
15. PROTECTED WATER SUPPLY
16. PUBLIC USE
17. RESORT
18. RURAL
19. TRANSPORATION/TRANSMISSION CORRIDOR
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3.1
RESIDENTIAL ZONES
3.1.1
Residential Low Density -Detached Dwelling Zone
USE ZONE TABLE: RESIDENTIAL LOW DENSITY (RLD) ZONE
PERMITTED USES
DISCRETIONARY USES
PROHIBITED USES
-Detached Dwelling (4.7.1)
-Personal Care Home-Residential (4.7.7)
-Conservation - All Uses categories (4.5))
-Home Business - home office only (5.4)
-Uses permitted in all zones (2.3.2.5)
-Home business (5.4)
other than home office
which is listed as
permitted
-Urban agriculture (4.2.2)
-Mobile homes/mini-homes
Conditions:
1. Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the
Development Regulations.
2. All development in the RLD zone must have municipal water and sewer servicing.
3. Infill development should be utilized for residential subdivision of 3 (three) lots and less.
4. New RLD subdivisions should be comprised of a mix of residential lot sizes comprising:
a. a maximum of 60% of large lot residential parcels of 670 m2;
b. a maximum of 10% of residential parcels of a minimum parcel size of 465m2.
5. Site Development Standards for Discretionary Uses:
a. Must meet standards for Detached Dwelling (as noted above) or Commercial Use (4.2),
whichever is greater;
b. Must comply with buffers/separation distances set out in 4.1.3.
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SITE DEVELOPMENT STANDARDS
RESIDENTIAL LOW DENSITY/DETACHED DWELLING ZONE
Minimum
Standards
Large Lot*
Small Lot
Infill
Detached Dwellings only
Lot area (m²)
670
465
375
Floor area (building footprint) (m²)
110
80
n/a
Frontage (m)
23
15
15.3
Building Line Setback (m)*
7
7
5-7
Side yard Width (m)
3
3
1.5/3
Flanking side yard
7
7
7
Rear yard (m)
9
9
6
Depth (m)
30
30
28
Maximum
Lot Coverage (%)
40%
40%
40%
Height (m)
10
10
10
* Personal Care Home-Residential is only allowed on a Large Lot.
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3.1.2
Residential Medium Density Zone
Housing types may include well-designed town homes, cluster housing consisting of small footprint
homes, three and four-unit residential structures and bare strata subdivisions of detached dwellings
with private driveways and shared common property (NL Condominium Act, 2009). These uses provide
more efficient use of municipal infrastructure.
In considering a rezoning of land to Residential Medium Density, Council shall consider appropriate
transition in intensity, use and form between existing neighbourhoods, and to ensure compatibility, may
require site-specific setbacks, landscaping or different density standards to maintain or enhance
neighbourhood character.
USE ZONE TABLE: RESIDENTIAL MEDIUM DENSITY (RMD) ZONE
PERMITTED USES
DISCRETIONARY USES
PROHIBITED USES
-Detached Dwelling (4.7.1)
-Semi-Detached Dwelling (4.7.2)
-Cluster Residential (4.7.9)
-Home Business - home office only (5.4)
-Personal Care Home-Residential (4.7.7)
-Conservation - All Uses categories (4.5)
-Uses permitted in all zones (2.3.2.5)
-Townhomes (4.7.3)
-Apartments (4.7.5)
-Home business (5.4) other
than home office which is
listed as permitted
-Urban agriculture (4.2.2)
-Mobile homes/mini-homes
Conditions:
1.
Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the
Development Regulations.
2.
All development in the RMD zone must have municipal water and sewer servicing.
3.
Infill development should be utilized for residential subdivision of 3 (three) lots and less.
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DEVELOPMENT STANDARDS:
RESIDENTIAL MEDIUM DENSITY
Standards:
Detached
Dwelling
Semi-Detached
Dwelling
Townhomes
Infill
Detached Dwellings only
Minimum
Lot area (m²)
465
790
240*
375
Floor area
80
80*
n/a
n/a
Frontage (m)
15
9*
6/9 for end units
15.3
Building Line
7
7
7
5-7**
Side yard Width
3
3
5
1.5/3
Side yard, Flanking
7
7
15
7
Rear yard (m)
9
9
12
6
Maximum
Lot Coverage (%)
40%
40%
40%
40%
Height (m)
10
10
10
10
*PER UNIT
**Note that a staggered setback is permitted to provide for a more visually interesting streetscape.
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DEVELOPMENT STANDARDS:
CLUSTER RESIDENTIAL COMPREHENSIVE DEVELOPMENT
Type I
Type II
Type III
Type IV
Standards
A: Detached
Dwelling
(standard size)
B: Detached
Dwelling
(compact size)
Detached
Dwelling
Semi-
Detache
d
Town-
houses
Minimum
Lot size (m2)
700
372
372
745
2000
A combination
of Types I, II and
III and
associated
standards in this
table will apply
Front (m)
18
9
9
30
30
Building Line
Setback (m)
7.5
7.5
7.5
7.5
7.5
Side Yards (m)
1.8
1.8
1.8
1.8
7.5
Flanking Yard
3.6
3.6
3.6
3.6
7.5
Rear Yard (m)
7.5
7.5
7.5
7.5
8
Depth (m)
30
30
30
30
30
% Open Space
of total Cluster
Comprehensive
Development
50
60
70
80
50% to 80%
The amount of
open space shall
be calculated in
proportion to
the housing
types
Maximum
Lot Coverage %
40%
40%
40%
40%
40%
Maximum
11
11
11
11
11
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3.1.3
Residential Rural
This zone is intended for areas suitable for residential development but cannot be economically
provided with municipal services.
USE ZONE TABLE: RESIDENTIAL RURAL
PERMITTED USES
DISCRETIONARY USES
- Detached Dwelling (4.7.1)
- Personal Care Home-Residential Care (4.7.7)
-Conservation - All Uses categories (4.5)
-Home Business - home office only (5.4)
-Uses permitted in all zones (2.3.2.5)
-Urban agriculture (4.2.2)
-Home business (5.4) other than home office
which is listed as permitted
-Public Gathering Places-Indoor (4.6.4)
SITE DEVELOPMENT STANDARDS: RESIDENTIAL RURAL
Detached Dwelling
No services
One service: water
Minimum
Lot area (m²)
4047**
3000
Frontage (m) *
30
30
Building Line Setback (m)
8
8
Side yard Width (m)
5
5
Side yard, Flanking (m)
15
15
Rear yard Depth* (m)
15
15
Maximum
Height)
8
8
Lot Coverage %
30
30
*Note: where a residential development abuts a waterway reservation and the property cannot be
otherwise developed although it meets the frontage and lot area requirements of this zone, the
minimum rear yard shall be 9 metres measured from the rear property line or reservation,
whichever is greater.
**The minimum parcel size for new Rural Residential zoned properties shall be 4,047 m2, and as
further determined by Services NL for an approved septic disposal system and an approved
domestic source of well water
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Conditions:
1. Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the Development
Regulations.
2. Must meet Well and Septic standards as set out by Service NL.
Additional Site Development Standards for Discretionary Uses:
1. Must meet standards for Detached Dwelling (as noted above) or Commercial Use (4.2), whichever is
greater;
2. Must comply with buffers/separation distances set out in 4.1.3.
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3.2
COMMERCIAL ZONES
3.2.1
Downtown Commercial Zone
Future development in the Main Street area is intended to create a more street front-oriented
downtown commercial core. To create this downtown atmosphere with a friendlier shopping
experience, customer parking should be placed at the rear of the buildings and commercial buildings
should be placed closer to the street. As well, allowing greater building coverage on the lot allows for a
business to be located in closer proximity, again fostering walkability and enhancing a downtown
streetscape.
USE ZONE TABLE
DOWNTOWN COMMERCIAL ZONE
PERMITTED USES
DISCRETIONARY USES
- Commercial Land Use Class (4.3): All Uses, EXCEPT
Amusement Park/Attraction, Campgrounds, Resort
-Institutional (4.6) EXCEPT Cemetery and Protective and
Emergency Services
-Uses permitted in all zones (2.3.2.5)
-Apartment building (4.7.5) with
commercial on main floor
-Townhouse (4.7.3)
-Public Gathering - Indoor (4.6.4)
-Light industrial (4.4.10)
-Personal Care Home-Residential (4.7.7)
Conditions:
1. Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the Development
Regulations.
2. All commercial developments shall be fully serviced with municipal sanitary sewer service, municipal
water and indicate provisions for storm water.
3. All commercial development sites shall surface the parking areas, and egress and access locations,
with a paved or otherwise durable surface such as concrete. Paving shall be completed prior to
issuance of final occupancy permit.
4. All commercial developments shall also be referred to Services NL for fire/ life safety and building
accessibility review prior to the commencement of construction.
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DOWNTOWN COMMERCIAL
DEVELOPMENT STANDARDS
Minimum Standards:
Front yard (building
line) (m)*
4
Notwithstanding the standards in the Use Zone Table, Council may require the
front yard setbacks (building line) of new building to complement the
setbacks of existing conforming buildings on adjoining or nearby lots on the
same street and may allow buildings be permitted to abut exiting sidewalks.
Side yard (m):
3 - 5 at the discretion of Council
Side yard for open
storage (m):
5
Flanking yard (m):
4
Rear yard (m):
10-15
Lot coverage
30%
Maximum Standards
Height (m)
15
Lot coverage
50% - 70% subject to Council discretion
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3.2.2
Highway Commercial Zone
This zone is intended for businesses that cater to the travelling public and offer a centralized
combination of services to meet their needs.
USE ZONE TABLE
HIGHWAY COMMERCIAL ZONE
PERMITTED USES
DISCRETIONARY USES
-Amusement Park/attraction (4.3.1)
-Campground (4.3.9)
-Convenience Store (4.3.13)
-Hotel or Inn (4.3.17)
-Marina (4.3.18)
-Motel (4.3.20)
-Outdoor Market (4.3.22)
-Restaurants (4.3.26)
-Service Station (4.3.29)
-Uses permitted in all zones (2.3.2.5)
-Public Gathering - Indoor (4.6.4)
- Personal Care Home-Residential (4.7.7)
Conditions:
1. Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the Development
Regulations.
2. All commercial developments shall be fully serviced with municipal sanitary sewer service, municipal
water and provision for storm water.
3. All commercial development sites shall surface the parking areas, and egress and access locations,
with a paved or otherwise durable surface such as concrete. Paving shall be completed prior to
issuance of final occupancy permit.
4. All commercial developments shall also be referred to Services NL for fire/ life safety and building
accessibility review prior to the commencement of construction.
5. All commercial development in the Highway Commercial zone are required to submit a
Comprehensive Development application.
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HIGHWAY COMMERCIAL USE
DEVELOPMENT STANDARDS
Minimum Standards
Front yard
(building line)
(m)*
10
Notwithstanding the standards in the Use Zone Table, Council may require the
front yard setbacks (building line) of new building to complement the setbacks of
existing conforming buildings on adjoining or nearby lots on the same street and
may allow buildings be permitted to abut exiting sidewalks.
Side yard (m):
2 - 5 at the discretion of Council
Side yard for
open storage (m):
5
Flanking yard (m):
6-8
Rear yard (m):
10
Maximum Standards
Height (m)
10
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3.2.3
Neighbourhood Commercial Zone
These commercial operations are intended to service the immediate neighbourhoods, as compared to
having a more regional catchment area. They must integrate visually with the surrounding residential
neighbourhood and enhance the sense of community, not distract from it.
USE ZONE TABLE
NEIGHBOURHOOD COMMERCIAL ZONE
PERMITTED USES
DISCRETIONARY USES
-Convenience Store (4.3.13)
-General Service/repair (4.3.16)
-Retail (4.3.27)
-Personal service (4.2.23)
-Uses permitted in all zones (2.3.2.5)
Public Gathering Place-Indoor (4.6.4)
Conditions:
1.
Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the
Development Regulations.
2.
All commercial developments shall be fully serviced with municipal sanitary sewer service,
municipal water and provision for storm water.
3.
All commercial development sites shall surface the parking areas, and egress and access locations,
with a paved or otherwise durable surface such as concrete. Paving shall be completed prior to
issuance of final occupancy permit.
4.
All commercial developments shall also be referred to Services NL for fire/ life safety and building
accessibility review prior to the commencement of construction.
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NEIGHBOURHOOD COMMERCIAL USE
DEVELOPMENT STANDARDS
Minimum Standards
Front yard
(building line)
(m)*
6
Notwithstanding the standards in the Use Zone Table, Council may require the
front yard setbacks (building line) of new building to complement the setbacks of
existing conforming buildings on adjoining or nearby lots on the same street and
may allow buildings be permitted to abut exiting sidewalks.
Side yard (m):
2 - 5 at the discretion of Council
Side yard for
open storage (m)
5
Flanking yard (m):
4
Rear yard (m):
10
Maximum Standards
Height (m)
15
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3.3
INDUSTRIAL ZONE
3.3.1
Industrial Zone
USE ZONE TABLE
INDUSTRIAL
PERMITTED USES
DISCRETIONARY USES
-Industrial - General (4.4.8)
-Industrial - Light (4.4.10)
-Industrial - Mall (4.4.11)
-Contractor - General (4.4.4)
-Composting Facility (4.4.3)
-Protective and Emergency Services (4.6.3)
-Custom Manufacturing Service (4.3.14)
-Solid Waste Recycling/Disposal/Composting Site (4.4.17)
-Autobody shop (4.3.3)
-Automotive repair shop (4.3.5)
-Uses permitted in all zones (2.3.2.5)
Conditions:
1. Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the
Development Regulations.
2. Minimum property size for subdivision of a serviced site in this zone is 0.4 hectare;
INDUSTRIAL
DEVELOPMENT STANDARDS
Minimum Standards
Front yard (building line) (m)
6
Side yard. (m)
5
Flanking yard (m)
5
Rear yard (m)
10
Site coverage (%)
30
Maximum Standards
Height (m)
15
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3.3.2
Industrial Light Zone
USE ZONE TABLE
INDUSTRIAL LIGHT ZONE
PERMITTED USES
DISCRETIONARY USES
-Industrial - Light (4.4.10)
-Industrial - Mall (4.4.11)
-Custom Manufacturing Service (4.3.14)
-Protective and Emergency Services (4.6.3)
-Uses permitted in all zones (2.3.2.5)
-Solid Waste Recycling/ Disposal/Composting Site
(4.4.17)
Conditions:
1. Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the Development
Regulations.
2. Minimum property size for subdivision of a serviced site in this zone is 0.4 hectare;
3. Outdoor storage for new industrial sites in the Church Street business park area shall be encouraged
not to exceed 15% of the floor area of their principal industrial building; outside storage is intended
to be only permitted upon review and approval by Council of a professionally prepared landscape
design plan for the property in order to screen and obstruct the storage use from public view (as a
condition of the business licence).
DEVELOPMENT STANDARDS- INDUSTRIAL LIGHT USE
Minimum Standards
Front yard (building line) (m)
6
Side yard. (m)
4
Flanking yard (m)
5
Rear yard (m)
10
Site coverage (%)
30
Maximum Standards
Height (m)
15
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3.3.3
Industrial Rural Zone
USE ZONE TABLE
INDUSTRIAL RURAL ZONE
PERMITTED USES
DISCRETIONARY USES
-Industrial - General (4.4.8)
-Industrial - Heavy and Hazardous ((4.4.9)
-Contractor - General (4.4.4)
-Composting Facility (4.4.3)
-Natural Resource-Related Industries (4.4.15)
-Protective and Emergency Services (4.6.3)
-Veterinary Clinic (4.3.30)
-Uses permitted in all zones (2.3.2.5)
-Energy Generation Facilities (4.4.5)
-Salvage/scrap yard (4.4.16)
Conditions:
1. Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the Development
Regulations.
2. Non-serviced industrial development is permitted in the Industrial Rural zone.
INDUSTRIAL USE CLASS
DEVELOPMENT STANDARDS
Minimum Standards
Front yard (building line) (m)
10
Side yard. (m)
5
Flanking yard (m)
8
Rear yard (m)
15
Maximum Standards
Height (m)
15
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3.4
AGRICULTURAL ZONE
USE ZONE TABLE
AGRICULTURAL ZONE
PERMITTED USES
DISCRETIONARY USES
- Commercial Agriculture (4.2.1)
-Uses permitted in all zones (2.3.2.5)
-Natural resource related uses (4.4.15) - directly
related to agriculture only
-Energy Generation Facilities (4.4.5)
-Light industrial - micro-distillery only (4.4.10)
Conditions:
1. Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the Development
Regulations.
2. Applications for rezoning of Agriculture zone must contain a soil assessment prepared by a
professional (accredited) soil specialist for review by Council.
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3.5
COMPREHENSIVE DEVELOPMENT AREA (CDA) ZONES
3.5.1
CDA - GENERAL CONDITIONS
No new development can take place in a Comprehensive Development Area (CDA) until comprehensive
planning has been carried out as specified in the Municipal Plan.
Council may consider applications for a Comprehensive development (refer to section 2) which must be
prepared by a Member of the Canadian Institute of Planners and they may include the following:
identification of environmentally sensitive lands,
proposed land uses including attention to efficient use of the land base,
proposed road network and sewer/water and stormwater servicing, how the roads will add to
connectivity of the existing road system,
a tree retention/replacement and landscaping plan must be included as a component of the EM-
CDA. Street tree plantings at the frontage of new developments should be spaced of 9.0 m.
parks and open space provisions for build-out of the neighbourhood plan area including
proposals for developing connective pedestrian trail linkages to a community wide pedestrian
mobility system, and,
other community planning issues, as determined by Council.
If endorsed by Council, or approved in principle with varied revisions, the CDA proponent is make
application to the Town to amend the CDA designation and for rezoning of the subject lands to their
proposed zoning.
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3.5.2
CDA- MIXED (CDA-M) SOUTH BROOK
USE ZONE TABLE
Comprehensive Development Area - Mixed (CDA-M)
PERMITTED USES
DISCRETIONARY USES
-Non-conforming uses (2.4.3)
-Uses permitted in all zones (2.3.2.5)
Conditions:
1. Utility services in new subdivisions shall be rear only and buried to the home or completely buried.
No utilities should be in front of the home except for street lighting.
2. Council shall require the installation of municipal water and sewer at the developer's expense; and a
tree retention/replacement and landscaping plan must be included as a component of the CDA.
Street tree plantings at the frontage of new developments should be spaced of 9.0 m.
3. The zones that may be applied within this CDA-Mixed include: Mixed zone (3.7), Residential zones:
RLD (3.1.1), RMD (3.1.2); and Commercial zones: DC (3.2.1), and NC (3.2.3).
3.5.3
CDA - EMPLOYMENT-GENERATING (CDA-EG) (TOURISM -PINE RIDGE)
USE ZONE TABLE
Comprehensive Development Area-Tourism-Related (CDA-T)
PERMITTED USES
DISCRETIONARY USES
-Non-conforming uses (2.4.3)
-Uses permitted in all zones (2.3.2.5)
Conditions:
1. Council shall require the installation of water and sewer at the developer's expense which could
include individual or collective wells and septic disposal and treatment systems developed in
accordance with provincial regulations administered by Service NL and federal guidelines (Canadian
Drinking Water Standards) and with the approval of the Town.
2. The zones to be used in the CDA-Pine Ridge, include: Resort zone (3.11) and Highway Commercial
zone (3.2.2.)
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3.5.4
CDA - EMPLOYMENT-GENERATING -INDUSTRIAL (CDA-I) FIRST AVE/CHURCH STREET
USE ZONE TABLE
Comprehensive Development Area-Industrial (CDA-I)
PERMITTED USES
DISCRETIONARY USES
-Non-conforming uses (2.4.3)
-Uses permitted in all zones (2.3.2.5)
Conditions:
1. Council shall require the installation of municipal water and sewer at the developer's expense; no
on-site servicing of lots will be allowed at this site;
2. The uses to be applied in the CDA-First Avenue/Church Road include those from the Industrial Light
zone (3.3.2).
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3.6
CONSERVATION ZONE
USE ZONE TABLE
CONSERVATION ZONE
PERMITTED USES
DISCRETIONARY USES (see Condition 3)
-Conservation - All uses (4.5)
-Uses permitted in all zones (2.3.2.5)
-Campgrounds (4.3.9)
-Marina (4.3.18)
-Restaurant (4.3.26)
-Outdoor Market (4.3.22)
-Tourism uses
DEVELOPMENT STANDARDS FOR STRUCTURES IN CONSERVATION ZONE
Minimum Standards in Metres (m)
Front yard (building line)
10
Side yard
5
Flanking yard
8
Rear yard
15
Maximum Standards
Height (m)
15
Conditions:
1. Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the
Development Regulations.
2. Notwithstanding the standards in the Use Zone Table, Council may require the yard setbacks of
new building to complement the yard setbacks of existing conforming buildings on adjoining or
nearby lots on the same street.
3. As per the Policy for Flood Plain Management which applies to the Conservation areas within
the 1:20-year and 1:100-year flood zone overlay areas shown on the Land Use zoning map, the
Discretionary Uses allowed are subject to conditions set out in the policy:
https://www.mae.gov.nl.ca/waterres/regulations/policies/flood_plain.html
4. Note that the buffer along Blue Gulch Transmission and South Brooks are 20 m from the top of
the bank on each side of the watercourse to provide for enhanced flood risk protection and
trails.
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3.7
MIXED USE ZONE
USE ZONE TABLE
MIXED USE ZONE
PERMITTED USES
DISCRETIONARY USES
-Semi-detached Dwelling (4.7.2)
-Apartment building (4.7.5) see Condition 4
-Business support service (4.3.8)
-Club and Lodge (4.3.11)
-Convenience store (4.3.13)
-General Service/repair (4.3.16)
-Medical or Dental Clinic (4.3.19)
-Personal Service (4.3.23)
-Offices (4.3.24)
-Restaurant - full service (4.3.26.2)
-Retail (4.3.27)
-Public Gathering Place - Indoor (4.6.4)
-Uses permitted in all zones (2.3.2.5)
-Bar (4.3.6)
-Institutional (4.6.2) EXCEPT Public Gathering Places-
Outdoor (4.6.5)
-Personal Care Facilities Non-Residential (4.6.2.1)
-Detached Dwelling - (4.7.1)
-Home business (5.4)
SITE DEVELOPMENT STANDARDS
MIXED USE ZONE
Standards:
(minimum)
Commercial building
Mixed Use Building
Lot area (m²)
929
929
Frontage (m) *
21
30
Building Line Setback (m)
To be determined at the discretion of Council
Side yard Width (m)
5
5
Rear yard (m)
10
15
Height (m)
15
15
Maximum
Lot Coverage (%)
60
25
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Conditions:
1. Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the
Development Regulations.
2. For both vertical and horizontal mixed-use development: Require sufficient sound-proofing
measures between non-residential and residential uses whether located side-by-side or
vertically within the same building (Mixed use building);
3. Apartment buildings: Stand-alone apartment buildings must conform to the site requirements
of the Residential High-Density Zone;
4. Mixed Use Building shall have:
o non-residential use limited to the first floor/street-level only in a mixed building;
o Allow a maximum of 8 (eight) dwelling units with a minimum floor area of 70 m2 per unit;
o There must be a separate entrance for the non-residential use and the residential use from
the main floor;
o Parking standards are a blend of commercial and residential requirements;
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3.8
OPEN SPACE/RECREATION ZONE
USE ZONE TABLE
OPEN SPACE/RECREATION ZONE
PERMITTED USES
DISCRETIONARY USES
-Public Gathering Places - Outdoor (4.6.5)
-Open space, parks and Trails (4.5.2)
-Environmental Protection area (4.5.1)
-Sport and recreation facilities (4.6.6)
-Uses permitted in all zones (2.3.2.5)
-Campgrounds (4.3.9)
-Marina (4.3.18)
-Restaurant - (4.3.26)
-Outdoor Market (4.3.22)
DEVELOPMENT STANDARDS FOR STRUCTURES IN
OPEN SPACE/RECREATION ZONE
Minimum Standards in Metres (m):
Front yard (building line)
10
Side yard
5
Flanking yard
8
Rear yard
15
Maximum Standards
Height (m)
15
Conditions:
1. Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the
Development Regulations.
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3.9
PROTECTED WATER SUPPLY ZONE
USE ZONE TABLE: PROTECTED WATER SUPPLY
PERMITTED USE CLASSES- Uses permitted by the
Water Resources Management Division (Refer to
Condition 1)
DISCRETIONARY USE CLASSES
-Environmental Protection Area (4.5.1)
-Cottage/seasonal residential (4.7.7)
-Forestry (4.4.7)
-Natural Resource Use (4.4.14)
-Commercial Agriculture (4.2.1)
-Conservation (4.5)
-Uses permitted in all zones (2.3.2.5)
Conditions:
1. No development is allowed without Water Resources approval. In review of proposals for
development or work adjacent to or within the Protected Public Water Supply Area, the proponent
must comply with the requirements of the NL Water Resources Management Division and obtain a
permit under Section 39 of the Water Resources Act, 2002. Refer to the provincial policy:
https://www.mae.gov.nl.ca/waterres/regulations/policies/water_related.html
2. The following buffers apply regarding development within a Protected Water Supply Area:
Watercourse (Body of water)
Buffer - Minimum width
Intake pond or lake
150 metres
Intake river
150 metres for 1 kilometre upstream and
100 metres downstream of a water supply intake
Main river channel
75 metres
Major tributaries, lakes or
ponds
50 metres
Other watercourses
30 metres
3.
Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the
Development Regulations.
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3.10
PUBLIC USE ZONE
USE ZONE TABLE
PUBLIC USE
PERMITTED USES
DISCRETIONARY USES
-Institutional/Public Uses - All (4.6) EXCEPT Crematoria
-Uses permitted in all zones (2.3.2.5)
-Club and lodge (4.3.11)
-Outdoor Market (4.3.22)
-Marina (4.3.18)
- Crematoria associated with a funeral home
PUBLIC USE
DEVELOPMENT STANDARDS
Minimum Standards in Metres (m):
Front yard (building line)
8-10
Side yard
5
Flanking yard
8
Rear yard
8-15
Maximum Standards
Height (m)
15
Coverage (%)
40%
Conditions:
1. Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the
Development Regulations.
2. All public uses have adequate vehicular and pedestrian access to the site and provide for safe and
efficient traffic and pedestrian flow.
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3.11
RESORT ZONE
USE ZONE TABLE
RESORT
PERMITTED USES
DISCRETIONARY USES
-Resort (4.2.25)
-Campground (4.3.9)
-Uses permitted in all zones (2.3.2.5)
-Club and lodge (4.3.11)
-Outdoor Market (4.3.22)
Conditions:
Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the
Development
Regulations.
RESORT
DEVELOPMENT STANDARDS
Minimum Standards in Metres (m):
Front yard (building line)
8-10
Side yard
5
Flanking yard
8
Rear yard
8-15
Maximum Standards
Height (m)
15
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3.12
RURAL ZONE
USE ZONE TABLE
RURAL ZONE
PERMITTED USES
DISCRETIONARY USES
-Conservation - All uses (4.5)
-Public Gathering Places-Outdoor (4.6.5)-see
condition 2;
-Campgrounds (4.3.9)
-Commercial Agriculture (4.2.1)
-Residential: (1) Detached dwelling only in
association with a primary use (4.7.2); and
Condition 4)
-Cemetery (4.6.1)
-Uses permitted in all zones (2.3.2.5)
-Forestry Activities (4.4.7) subject to Condition 3
below regarding viewscapes
-Mineral Working (4.4.12)
-Petroleum exploration (4.4.18)
-Industrial-Light (4.4.10)
-Energy Generating facilities (4.4.5)
Conditions:
1. Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the
Development Regulations.
2. Development should be related to Tourism uses.
3. No forestry activities that will affect the Town viewscape, such as clearcutting the top of the hills
in the back of Pasadena that is visible from throughout the Town, will be permitted without
approval of Council.
4. PYNN'S BROOK LOCAL SERVICE DISTRICT
a. Notwithstanding the restriction on detached dwelling units in association with permitted Rural
uses, within the Pynn's Brook Local Service District residential infill development will be allowed
on existing public roads subject to the standards of the Rural Residential zone;
b. New residential development will be allowed to have onsite well and sewer service subject to
the provincial requirements and approvals from Service NL;
c. No new access roads will be permitted on to the Trans-Canada Highway.
d. Existing homes will be allowed to remain as existing non-conforming uses and the provisions of
subsection 7.3.1.8 will apply.
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3.13
TRANSPORTATION/TRANSMISSION CORRIDOR ZONE
USE ZONE TABLE
TRANSPORATION/TRANSMISSION ZONE
PERMITTED USES
DISCRETIONARY USES
-Public Infrastructure and Utilities (4.8)
-Uses permitted in all zones (2.3.2.5)
Conditions:
1. Subject to all other applicable requirements in Chapters 1, 2, 4, 5, 6, 7, 8, and 9 of the
Development Regulations.
2. Note that the Trans-Canada Highway is a Protected Road under the Protected Road Zoning
Regulations. Refer to Section 4.1.7.
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3.14
GROWTH MANAGEMENT BOUNDARY
The Growth Management Boundary identifies the urban development area within which all future
residential growth and development is to occur with full water, sewer and stormwater services over the
10-year period for this municipal plan, except for areas specifically identified as Residential Rural zone or
unless otherwise stipulated in the zone conditions or where economically unfeasible at the
determination of Council.
All future development requiring municipal services to be provided by the Town shall occur the Growth
Management Boundary overlay on the Land Use Zoning map.
No new residential development that entails the extension of urban roads and services should be
permitted beyond the Boundary unless the development proponent applies and pays for a ICSMP
amendment application to the Town to extend the boundary, substantiates the sustainable land use
benefit to adjust the Boundary, and receives Council's approval for the Growth Management Boundary
extension.
A Planning Impact Analysis (subsection 2.6.2) will be required for any application to amend the Growth
Management Boundary. Any amendment application to the Town proposing to adjust and extend the
Growth Management Boundary will be encouraged to provide land use planning rationale for the
boundary adjustment, to detail how the proposed new development will make efficient use of the land
base, to identify the proposed housing mix of the development, and to outline the tree retention
measures and open space pedestrian trail benefits that the development will provide to the community.
Within the serviced urban residential area, mobile residential homes and similar mini-types of homes
shall not be permitted as a residential dwelling unit.
Where stormwater service is not available, the development shall be required to provide to Council a
stormwater management plan for the site.
In non-serviced areas, proposed developments are to receive provincial (Service NL) approvals for on-
site sewage deposal, an on-site domestic water supply of sufficient quantity and quality, and for
stormwater management.
Municipal services may be provided for any development outside the Growth Management Boundary at
the discretion of Council.
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4.0 LAND USE AND DEVELOPMENT DEFINITIONS AND STANDARDS
4.1
GENERAL STANDARDS APPLICABLE TO ALL DEVELOPMENT
4.1.1
Access
Definition: means a way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street (definition from the
Minister's Development Regulations).
Development Standards
1. All development shall be located with frontage on a publicly maintained road.
2. An access on a municipal road shall be located as specified by the Council.
3. All access on a provincial highway is determined by the Department of Transportation and Works
(Note: access permits are administered by Service NL).
4. No vehicular access shall be closer than 10 metres to the street line of a street intersection of a local
road, or 20 metres to the street line of a street intersection in the case of a collector or arterial road.
5. The Council may require the provision of service streets to reduce the number of individual accesses
to an adjacent street.
6. Existing private roads or those public roads not maintained by the Town must be upgraded to
municipal standards before the Town will consider taking responsibility for them and before any
further development is allowed.
7. Notwithstanding subsection 1, the following types of development may be allowed on lots that have
frontage onto a private road only if they are part of a Comprehensive development (that is,
arrangements are made for the maintenance of the road, but that the road is not maintained by a
Council at public expense):
commercial rental cottages;
seasonal commercial uses related to tourism;
resort developments;
seasonal cottage developments not intended for permanent residential use; and,
vacant land condominium subdivisions.
4.1.2
Archaeological Sites
If an archaeological site or artefact is discovered during development of a property, the development
shall stop and Council will consult with the Provincial Archaeology Office of the Department of Tourism,
Culture and Recreation. Development shall not proceed until the Provincial Archaeology Office has
evaluated the site or authorized the development to proceed.
Before approval is granted for a major development such as a subdivision or a new commercial or public
building, or if the development is located near Deer Lake shoreline, the application will be referred to
the Provincial Archaeology Office for comments
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4.1.3
Buffers/Separation Distances Between Land Uses:
Definition: Buffer means a berm, wall or opaque fence, row of trees or shrubs, hedge, fence, or
distance separation that provides a barrier between incompatible sites, uses or districts intended to
obstruct or reduce the noise, lighting glare, unsightly views or any other nuisance of one land use or
property onto another.
Standards:
1. The Council may require landscaping and screening buffers as a condition to a permit for a proposed
development in order to provide:
a. an acoustic barrier;
b. an attractive visual continuity and appearance between developments or on an individual
site;
c. delineation of an area; and
d. protection for the natural environment.
Typical buffer/separation distances include:
a. a screen or separation between different or incompatible uses, principally between
residential and non-residential uses, which will consist of either a screen of a minimum
height of 1.8 metres, or a buffer of 10 metres between residential and industrial, and 3
metres between residential and commercial;
b. where an industrial, commercial or civic development permitted in any Use Zone abuts a
street that is used as an access into a residential area or zone, a structural barrier or
fence may be required in the flanking street side yard by Council and the structure or
barrier shall be maintained by the owner or occupier of the property to the satisfaction
of Council.;
c. Non-residential developments proposed adjacent/near established residential areas
shall be located in such a manner as to minimize potential impacts of traffic, noise,
lighting(glare), site aesthetics and signage; to mitigate such impacts screening,
landscaping and separation distance may be added as conditions.
d. Referral directive for a 1.6 km buffer around the North Harbour Road former waste site
required proposed development within this buffer to be referred to the Waste
Management Division of the provincial government.
2. Separation Buffers
Separation Between Non-Residential Uses and Residential Uses
Non-residential uses:
Buffer (m)
Mandatory (M) or Recommended (R)
Agriculture - farm operation for livestock
600
M
Amusement establishment
45
R
Auto repair, body repair, car wash
20
R
Bar, club, lodge,
100
R
Cottage
-
At discretion of Council
Industrial - general and hazardous
100
R
Industrial - light
10
R
Kennel - > 4 dog runs
215
R
Kennel - four or fewer dog runs
100
R
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Mineral working
300
M
Public institutional
3
R
Restaurant - drive through
10
R
Salvage/scrap yard
200
M
Solid waste recycling/disposal &composting sites
300
R
Separation Between Non-Residential Uses
Uses
Separation distance in metres
Mandatory (M)or Recommended (R)
Agriculture farm
operation
45 from Centerline of Street
M
Cottage
30 m from Watercourse
M
Mineral working
150 m from proposed development
M
90 m from Designated Protected Road
M
50 m from Local public roads
M
50 m Commercial, public &institutional uses
M
Salvage/scrap
yard
100 m from Existing/future commercial areas
M
25 m Public highway or street
M
50 m from Watercourse/water body
M
Solid waste
recycling/disposal
and composting
sites
150 m from Potential development areas
R
50 m from Watercourse/ water body
M
90 m Class I and II Protected Roads
M
50 m from Class III and IV Protected Roads &
local roads
M
4.1.4
Comprehensive Development
Definition: Comprehensive Development means an integrated development on a suitable, large site
that responds to a unique market opportunity and involves special development standards not
otherwise permitted in the zone. The most common example of a comprehensive development is a
vacant land condominium/bare strata development consisting of a contiguous area to be planned,
developed, operated, and maintained as a single entity and containing one or more structures with
common areas that belong to them, such as a box store complex, resort, multi-unit residential, shopping
mall.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
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2. A comprehensive development application must have frontage on a public road and comply with
use requirements of the Zone within which it is located. Notwithstanding the requirement for
serviced development, if municipal services are not feasible to the standard required by the Town,
the provision of on-site services must meet requirement of provincial agencies, in particular, Water
Resource Management Division and Service NL;
3. Roads and services provided in a comprehensive development application whether they are publicly
or privately owned, may be treated as if they were public roads, public services and public utilities
for the purpose of approvals by the Authority and other agencies.
4. A comprehensive development application may be approved by Council in any zone as a
development and/or subdivision on public or private services, subject to the following requirements:
5. the development and/or subdivision shall comply with the requirements of the Integrated
Community Sustainability Municipal Plan or any scheme adopted under it, and with the zoning for
the site as it pertains to land use, height, and have a suitable relationship to nearby land uses in
respect to appearance, traffic requirements, and demands on municipal services; and,
6. a Development Agreement having a Comprehensive Development application attached thereto,
satisfactory to Council, between the owners of the land and the Town shall be registered in the
Registry of Deeds of Newfoundland and Labrador, controlling the use and development of such land.
4.1.5
Crown Land
Definition: Crown land has the meaning as set out in the Lands Act, 1991.
Conditions:
1. The use of Crown land is subject to the Town of Pasadena Integrated Community Sustainability
Municipal Plan and Development Regulations, including zoning and permitting requirements.
2. Approvals must be obtained from the appropriate Regional Lands Office, Government of
Newfoundland and Labrador; applications are made to the Regional Lands Office.
3. Crown land applications must be approved by the Council regarding the use and development of
the land prior to approval for issuance of title by the Lands Branch of the Government of
Newfoundland and Labrador.
4.1.6
Federal and Provincial Government Requirements
Wherever possible, the requirements of the federal and provincial agencies have been incorporated into
the development standards; however, given that these change over time and other exigencies,
applicants are responsible to ensure that all appropriate federal and provincial permits and approvals
have been secured prior to the use and/or development of land within the planning area boundary.
4.1.7
Protected Roads
Definition: Protected Roads are provincial highways designated as 'Protected Road's in the Protected
Road Zoning Regulations, 1996 under the Urban and Rural Planning Act, 2000. They can be viewed on a
map (click on 'zoning for all highways') found at the Department of Municipal Affairs and Environment
website.
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Conditions:
1. A Development Permit is required from Service NL for development occurring along a Protected
Road within the Planning Area boundary as follows:
o 150 m from the centreline of the provincial highway on either side - from the Planning
Area to the Municipal Area boundary; and,
o 100 m from the centreline of the provincial highway within the Municipal Area
boundary.
2. The Municipal Plan and Development Regulation land use policies, designations, zoning and
development regulations apply along Protected Roads within the Planning Area boundary.
4.1.8
Nuisance
No building or land shall be used for any purpose which may be dangerous by causing or promoting fires
or other hazards or which may emit noxious, offensive or dangerous fumes, smoke, gases, radiation,
smells, ash, dust or grit, excessive noise or vibration, or create any nuisance that has an unpleasant
effect on the senses unless its use is authorized by Council and any other authority having jurisdiction.
4.1.9
Soil Removal, Soil Deposit and Site Grading and Steep slopes
1. No development permit for removal or deposit of soil, or the excavation and removal of excavated
material or grading is required if it is part of an approved development project or affects less than
125 m3 of soil, sand, gravel, rock or other substance down to and including bedrock. All other cut or
fill work, excavation and removal and deposit of material or grading requires a development permit
under these Regulations.
2. Removal or deposit of soil, or the excavation and removal of excavated material or grading which
requires a development permit provided the work is based on a grading plan, will result in an
improved site for use classes permitted in the Zone where it is located, and meets the following
conditions:
a. land intended for the activity or grading has a slope of less than 25%;
b. resulting slopes are stable and without hazards;
c. when the work is completed, the area affected shall be covered with topsoil and other
necessary material for vigorous plant growth and planted with appropriate vegetation;
d. The use is clearly a subsidiary use to the residential use, and
e. drainage must be provided to the satisfaction of Council, and will be designed so as not to
impair existing surface drainage nor to create erosion either on the site or on adjacent sites.
3. In areas that are environmentally sensitive or hazardous for development due to wet or unstable
soils, or unstable geological conditions or steep slopes, Council shall restrict development, or subject
it to terms and conditions, to reduce potential impacts. Council may also require a suitability and
compaction test on imported soil intended for building purposes, or for the development applicant
to engage a qualified professional to provide a report and/or geotechnical review and
recommendations at the expense of the proponent on the proposed development for Council's
consideration including consideration of slopes adjacent to other lands, and, if development is to
proceed, a minimum building development setback area for habitable building uses will apply.
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4.1.10
Water Body Protection (flood risk areas, water course/wetland, water supply)
Definition: (From the Water Resources Act, 2002) "body of water" means a surface or subterranean
source of fresh or salt water within the jurisdiction of the province, whether that source usually contains
liquid or frozen water or not, and includes water above the bed of the sea that is within the jurisdiction
of the province, a river, stream, brook, creek, watercourse, lake, pond, spring, lagoon, ravine, gully,
canal, wetland and other flowing or standing water and the land occupied by that body of water;
4.1.10.1 Flood Risk Area:
For Work near or in a Body of Water Adjacent to or Within Flood Risk Area, the following applies:
1. Prior to the start of construction, the proponent must apply for and obtain a permit under the
Water Resources Act, 2002, specifically Section 48
http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm for any work within any designated flood
risk area prior to the start of construction.
2. Any work within designated flood risk areas must comply with this Department's Policy for Flood
Plain Management. Contact: Manager, Hydrologic Modelling Section - (709) 729-2295
3. In Table 1 where projects may be permitted with conditions, the following conditions will apply:
a. the ground floor elevation of the structure is higher than the 1:100-year flood level and the
climate change flood zone (where designated), and,
b. the structure will not interfere with the flow of water or displace water such that it creates a
worse flooding situation for other properties, and,
c. the structure and the associated utilities must be designed and constructed in accordance with
the approved flood proofing guidelines of the Department and entrances and exits from the
building can be safely used without hindrance in the event of a flood, and,
d. the proposed use of the facility and site will not involve any storage of pollutants such as fuels,
chemicals, pesticides etc., and,
e. additional conditions which may be appropriate for specific projects and included in a permit
issued under Section 48 of the Act.
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Table 1 below indicates whether not project categories are permitted in each of the defined flood plains.
TABLE ONE - FLOOD RISK ZONES
Category
All Flood Plains
WHERE FLOOD PLAINS ARE DESIGNATED
Floodway
(1:20 year Zone)
Floodway Fringe
(1:100-year Zone)
Climate Change
Flood Zone
Temporary alterations
Permitted
Permitted
Permitted
Permitted
Non-structural uses
Permitted
Permitted
Permitted
Permitted
Structures related to use of
water resources
Permitted
Permitted
Permitted
Permitted
Minor structural or other
projects
Permitted
Permitted
with conditions*
Permitted
with conditions*
Permitted
with conditions*
Other structures not used
primarily for residential
Permitted
with conditions*
Permitted
with conditions*
Permitted
with conditions*
Permitted
with conditions*
Industrial Uses related to
shipping (marine only)
Permitted
with conditions*
Permitted
with conditions*
Permitted
with conditions*
Permitted
with conditions*
Other industrial and
commercial
Not Permitted
Permitted
with conditions**
Permitted
with conditions*
Permitted
with conditions*
Institutional
Not Permitted
Not Permitted
Not Permitted
Not Permitted
Residential and other
institutional
Not Permitted
Not Permitted
Permitted
with conditions*
Permitted
with conditions*
Hydraulic Structures
Permitted
Permitted
Permitted
Permitted
4. In general, it is the policy of the Department of Municipal Affairs and Environment ("the
Department") that flood plains and the buffer zone be preserved and left in their natural state.
Recognizing that this is an ideal that would hinder significant benefits that could be derived from
certain development in a flood plain and outweigh all risk of loss, damage or peril, the provincial
policy for flood plain management views any application to avail of land in flood risk areas in
decreasing order of preference. These preferences are referred to hereafter as project categories.
a. Temporary alterations in a buffer zone, a climate change flood zone, a designated floodway
fringe, a flood plain, a designated floodway, and lastly, the body of water itself.
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b. Non-structural uses such as open space recreation, pasture, and wildlife habitat
enhancement.
c. Structures related to use of water resources such as wharves, slipways, boathouses,
pumping stations, storm or sewerage discharges.
d. Minor structural or other projects where only soil disturbance is involved such as
constructed trails, pipelines, transmissions lines, roads, etc., assuming there will be no
change in the grade of the land.
e. Other structures not used primarily for residential, commercial, industrial or institutional
purposes where there will be a change in grade but not a building.
f.
Industrial uses related to the marine shipping or fishing industries.
g. Other industrial and commercial development.
h. Institutional developments such as hospitals, senior citizens homes, homes for special care
or schools where flooding could pose a significant threat should evacuation become
necessary.
i.
Residential and other institutional development.
5. Council may require submission of a qualified professional's certified report and recommendations
from the development applicant to substantiate the flood risk management integrity of the
proposed development.
6. Land uses such as schools, residential institutions such as care facilities for seniors, police and fire
stations and other facilities that provide emergency services, uses associated with storage and
warehousing, and the production or storage of hazardous materials such as gas stations, shall not be
permitted on lands located within, or adjacent to, flood risk areas.
7. Additions and Modifications to Existing Development
Additions, modifications, enhancements and improvements to existing structures where there is an
increase in the floor area within the flood plain, will be assessed for suitability in the same way as
the project category as a whole.
4.1.10.2 Watercourse or Wetland
For development Within or Adjacent to a Watercourse or Wetland, the following applies:
1. All portions of a lot that are located within 15 metres of the edge of a wetland or the top of the
stream bank of a watercourse, will be subject to the following:
a. No building or structure will be permitted, except for:
i.
reconstruction of a building that was in existence on the date of approval of this
Municipal Plan
ii.
an accessory building or structure to (1) above
iii.
a passive recreational use
iv.
an accessory building or other accessory use to an existing building.
b. Ensuring conformance with requirements of the Water Resources Management Division of the
provincial government and securing a permit from this Division;
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2. Subject to the appropriate approvals and reviews, wharves, boathouses, slipways and breakwaters
may be permitted within the 30 m buffer provided that they conform to the guidelines provided by
the Water Resources Management Division;
3.
Where fish habitat is affected, Fisheries and Oceans Canada must be consulted;
4.
Subject to the appropriate approvals and reviews, only roads, public services and utilities, trails and
accessory uses, and uses requiring direct access to a body of water may be permitted within the 30
m buffer area;
5.
No principal development structure shall be constructed within 30 m of a body of water; and,
6.
On-site sewerage disposal systems are prohibited within 30 metres from a waterbody or
watercourse;
7.
Where Council believes that a proposed development may affect a wetland, it shall be a policy of
Council to, at its discretion:
i.
Require the developer to have the wetland delineated by a qualified environmental
consultant and/or professional hydrologist;
ii.
Establish a sufficient buffer from the edge of the wetland, in which development will not be
permitted;
iii.
Require other conditions or restrictions to protect the wetland; and/or
iv.
Refuse to approve the development if it believes that identified impacts cannot be
sufficiently minimized or mitigated.
4.1.11
T'Railway Provincial Park
The T'Railway Provincial Park (shown as an overlay on the Land Use zoning map) is subject to the
Provincial Park Regulations under the Parks Act. It is administered by the Department of Tourism,
Culture, Industry and Innovation, including applications for road crossings.
4.1.12
Excluded Uses in Town of Pasadena Planning Area
The Town of Pasadena does not support varied land use activities that may negatively impact the small-
town character, safety and livability of the community, noted as follows:
-
Uses related to Adult Entertainment;
-
Methadone dispensing clinics;
-
The household keeping, commercial display and sales of exotic snakes and reptiles;
-
Industrial activities that cause air-borne, terrestrial and marine environment pollution impacts.
4.2
AGRICULTURE LAND USE CLASS
4.2.1
Commercial Agriculture
Definition: Commercial Agriculture means of farm operation as specified in the Farm Practices
Protection Act, 2000.
Conditions:
1. No structure for a Livestock and Poultry Farm Operation shall be erected or used unless it complies
with the conditions set out in the Environmental Farm Practices Guidelines for Livestock Producers
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in Newfoundland and Labrador and Environmental Farm Practices Guidelines for Poultry Producers
in Newfoundland and Labrador;
2. The structure shall be at least six hundred metres (600 m) from:
a. a residence (except a farm residence or a residence which is a nonconforming use in any
zone in which agriculture is a permitted use class in the Use Zone Schedules of these
Regulations),
b. an area designated for residential use in an approved Plan, and
c. a Provincial or Federal Park.
3. The structure shall be at least forty-five metres (45 m) from the boundary of the property on which
it is to be erected.
4. The structure shall be at least ninety metres (90 m) from the centre line of a street.
5. The erection of the structure shall be approved by the Land Stewardship Branch, Government of
Newfoundland and Labrador.
6. Manure storage must be located 100 m from the boundary of the property; Service NL must
approve all manure systems
7. No development for residential use shall be permitted within six hundred metres (600 m) of an
existing structure designed to contain more than five animal units unless the development is first
approved by Land Stewardship Branch, Government of Newfoundland and Labrador. Animal units
are set out by the Land Stewardship Branch as follows:
Type of Livestock
Number of Livestock =1 Animal Unit
Dairy Cows
1
Heifers
2
Veal
5
Bulls
1
Beef Cattle
2
Sows (Faro to Finish)
1
Sows
3
Hogs
6
Boars
3
Sheep (ewe)
8
Sheep (lamb)
16
Goats
7
Foxes (w/litter)
40
Mink
150
Rabbits
200
8. Approvals must be obtained from the Agri-foods Development Branch, Government of
Newfoundland and Labrador for any commercial farming operation.
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4.2.2
Urban Agriculture
Definition: Urban Agriculture for the Town of Pasadena means non-farm raising of backyard chickens.
Conditions:
1. The detached dwelling property has a minimum lot size area of 558 m2 or larger;
2. The home owner must reside on the property where the chickens are to be kept;
3. A maximum of 6 chickens will be permitted but no roosters are allowed;
4. Chickens are to be kept in a hen coop between the hours of 9 p.m. to 7 a.m. The chicken coup
structure is to be located within the rear yard of the residential dwelling, the coup is to be
constructed to acceptable standards and of a design appropriate for the adjacent residential
neighbourhood, and complimented by an enclosed hen run area;
5. When not in their coup, chickens are to be kept within the enclosed hen run;
6. Hen coups and hen runs are to be sited a minimum of 1.5 m from the rear lot line and from the rear
side lots to an adjacent property, except adjacent to any schools, church or business wherein the
setback separation distances to rear and side lot lines shall be a minimum of 15 m;
7. Hen coups and hen runs shall be maintained in a clean condition, free of obnoxious odours,
substances and vermin;
8. Stored manure shall be kept within an enclosed structure such as a compost bin, no more than 0.08
cubic metres of manure shall be stored at any one time and the manure shall be disposed in
accordance with local health regulations;
9. Home slaughter of hens is prohibited and any deceased hens shall be disposed in accordance with
local health regulations;
10. Any contravention of the cited backyard chicken provisions shall be remedied by the property owner
when requested by the Town. Failure to comply will result in an order from the Town to cease the
backyard chicken operation, and to remove the chickens, the hen coup and hen run from the
property.
4.3
COMMERCIAL LAND USE CLASS
This class includes land uses and development for activities providing for the sale of goods and services.
Generally, the Use Zone standards apply; however, as required, specific conditions are tailored to the
activity and associated traffic in order to address public health, safety and conservation issues and
achieve the intent of the community of the land use zone in which the activity is located.
4.3.1
Amusement Establishment/Use
Definition: Amusement Establishment/Use means the use of land or a building or a part thereof used
by the public for indoor non-sport games, such as, billiard and pool halls, bingo hall, mechanical
amusement games (more than three game machines), video games. It does not include those on the
premises of a hotel or bar.
Condition:
1. Must meet Use Zone Site Development Standards;
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4.3.2
Amusement Park/Attraction
Definition: Amusement Park/Attraction means an outdoor area where buildings or structures may be
permanently or temporarily erected for the purpose of amusement, entertainment or education of a
large number of people, including a circus, carnival, midway show, race-track, sideshow, fairgrounds, or
similar exhibition which may have mechanically or electrically operated amusement rides or games, and
theme parks.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
2. Must meet Use Zone Site Development Standards or explain exceptions in the plan;
3. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.3
Auto Body Shop
Definition: Auto Body Shop is a building or a clearly defined space on a lot used for the storage, repair
and servicing of motor vehicles including body repair and painting and detailing but does not include a
service station or an automobile repair shop or an automotive sales establishment.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Must be 20 m from a residential lot;
3. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
4. There shall be no outdoor storage of inoperable vehicles on the premises and no scrapping of
vehicles shall be permitted;
5. Must apply measures to minimize any noise, spray or fumes through the installation of appropriate
equipment; and all waste fluids and tires shall be disposed of in accordance with applicable
provincial regulations;
6. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
4.3.4
Automotive Repair Shop
Definition: Automotive Repair Shop means a development for the servicing and repair of motor
vehicles. This definition includes but is not limited to transmission repair shops, muffler repair shops,
tire shops, automotive glass shops, auto body repair, painting and detailing, and automotive upholstery
shops, but does not include an automotive sales establishment, a service station, or salvage or wrecking
and recycling yard.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
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3. There shall be no outdoor storage of inoperable vehicles on the premises and no scrapping of
vehicles shall be permitted;
4. Outline measures to minimize any noise, spray or fumes through the installation of appropriate
equipment; and all waste fluids and tires shall be disposed of in accordance with applicable
provincial regulations;
5. A minimum buffer between residential use and vehicle repair, body repair, car wash shall not be
located closer than 20m from residential use; and,
6. A parking area abutting a residential lot shall be appropriately screened by a fence, wall, or hedge of
height not less than one (1) metre and located a minimum distance of 1 metre from the edge of the
parking area.
4.3.5
Automotive Sales and Service Establishment
Definition: Automotive Sales and Service Establishment means a lot, building or structure used for the
display and sale of new or new and used motor vehicles, including trucks and mobile homes; and may
include the servicing, repair, cleaning, polishing, and lubrication of motor vehicles; the sale of
automotive accessories and related products; and the leasing or renting of motor vehicles.
Conditions:
1. The application submitted by the developer shall include the following:
a. the number and location of parking spaces,
b. ingress and egress of the parking lot,
c. motor vehicle circulation pattern around the lot,
d. location of any building on the lot,
e. area to be landscaped and screened and the type of landscaping to be used, and
f.
customer parking in accordance with these regulations.
2. The automotive sales use shall have a principal building on the lot in which the business is
conducted. The principal building will include washroom facilities and shall be connected to
municipal water and sewer services where such services exist. Where municipal water and sewer
services do not exist, the washroom facilities of the principal building shall be approved by and meet
the requirements of the Provincial Department of Health.
3. The automotive sales lot shall be paved and shall provide drainage, lighting, curbs, and landscaping
in accordance with the requirements of Council;
4. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
5. The automotive sales use shall be licensed under the Automobile Dealers Act prior to the use
commencing.
4.3.6
Bar
Definition: Bar means a development licensed for the sale of alcoholic beverages to the public, for
consumption within the premises and where entertainment and meals may be provided. Typical Uses
include dance clubs, cabarets, nightclubs, lounges, tavern, neighbourhood pubs and bars, brewpub,
beverage rooms, private clubs, cocktail lounges, and similar uses.
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Conditions:
1. Must meet Use Zone Site Development Standards; and,
2. Must be 100 m from a residential lot
3. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4. A brewpub is primarily an eating and drinking establishment (restaurant) with a small brewery on
the premises which produces beer, ale, or other malt beverage, and where the majority of the beer
produced is consumed on the premises. A brewpub may sell beer at retail and/or act as wholesaler
for beer of its own production for off-site consumption as long as it meets the limitation of
producing a maximum of 2,400 barrels per year of beer, ale, or other malt beverages on-premises.
4.3.7
Building Supply Store
Definition: Building Supply Store means a building or land on which building and construction supplies
and home improvement materials are kept for sale.
Conditions:
1. Must meet Use Zone Site Development Standards; and,
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
4.3.8
Business Support Service
Definition: Business Support Service means development used to provide support services to
businesses which are characterized by one or more of the following features: the use of mechanical
equipment for printing, duplicating, binding or photographic processing; the provision of office
maintenance, custodial or security service, and the sale, rental, repair or servicing of office equipment,
furniture and machines.
Conditions:
1. Must meet Use Zone Site Development Standards
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
4.3.9
Campground, including RV campgrounds
Definition: Campground, including RV campgrounds means a public or privately-operated facility
offering overnight to seasonal camping experiences for 3 or more tent sites or serviced recreational
vehicle sites and including accessory administrative offices, convenience store, laundry facilities, sanitary
facilities, recreational hall and associated recreational uses that cater to short-term guests, not to year-
round residents and does not include industrial, work or construction camps or permanent mobile home
or mini-home parks;
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Conditions:
1. A proposed campground, including trailer and Recreational Vehicle park, will require a
Comprehensive Development application (2.2.2 & 2.2.4) satisfactory to Council containing the
following information:
a. Location and size of camp and trailer sites
b. Internal roads and accesses
c. Parking areas
d. Accessory uses such as laundry facilities, storage areas, washrooms, showers, convenience
store, staff accommodations, and outdoor and indoor recreation facilities
e. Water supply and waste disposal
f.
Landscaping
g. Buffers and screening between the site and other nearby land uses
h. Delineation of the property to be developed on a legal survey
2. Where deemed necessary by Council, a phasing plan for development.
3. On-site water and sewer services must meet minimum standards required by Council and relevant
Provincial agencies.
4. Washroom facilities, recreational areas, parking areas, and similar facilities directly associated with
the development will not be located on separate properties.
5. All camp sites and on-site facilities that form part of the development will be accessible only via the
internal road network of the development.
6. The development permit will specify the maximum number of campsites for different uses such as
tents, trailers, and RVs that will be permitted on the site.
7. No expansion or alteration of a campground, other than repairs and maintenance, will take place
without the approval of Council.
8. The operation will comply with all bylaws and regulations of Council pertaining to noise and unruly
behaviour.
9. Where deemed necessary by Council, a deposit sufficient to cover the cost of buffers and screening
shall be deposited with Council until the work is completed in accordance with the approved plan.
4.3.10
Child Care - non-residential
Definition: Child Care - non-residential means a building or part of a building in which personal care
services are regularly provided to children for group day care, family day care, pre-school, play school,
out-of-school care, specialized day care, and emergency day care, all as licensed and regulated by the
Province of Newfoundland and Labrador, but does not include a school as defined by the Schools Act,
1997.
Conditions:
1. A Child Care Centre shall be duly licensed and approved, staffed, equipped and operated in
accordance with the requirements of the agencies having jurisdiction or authority;
2. The section of the street on which the use is located allows sufficient area and sight distance for the
safe and convenient drop off and pick up of children without hindering the safety and convenience
of vehicular and pedestrian traffic on the street, or the development provides adequate off-street
drop off or pick up spaces satisfactory to Council;
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3. Child care services shall be permitted as an accessory home-based business use at and within
appropriately located detached homes within residential neighbourhoods, in accordance with the
general provisions within Policy HB-2 that follows, and based upon a maximum of 6 children for day
or after school care with any accessory child care use, and contingent upon the child care use
operating hours being from 7 a.m. to 7p.m.
4. Larger facilities for child care day and after school use of more than six (6) are to be located within a
Public Use zone.
5. All applicants for a home-based child care use shall provide to the Town documentation of support
from adjacent residential neighbours, certification of any required approvals from the Province for
health inspection and for food safety, engineering certification of the fire and life safety integrity of
the subject residential dwelling, and shall apply for an operating annual license from the Town and
payment of home-based business fee.
4.3.11
Club and Lodge
Definition: means a building or structure used by a non-profit association or organization for fraternal,
social, or recreational purposes.
Conditions:
1. Must meet Use Zone Site Development Standards
2. Note that this can also be an Accessory Use (refer to section 5.1)
4.3.12
Contractor, Limited (Small)
Definition: Contractor, Limited (Small) means a building or part thereof providing services for electrical,
plumbing, heating, painting and similar contractor services to individual households including accessory
sale of goods associated with this service where all materials are within an enclosed building and there
is no accessory manufacturing or fleet of vehicles consisting of more than 4 vehicles.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.13
Convenience Store
Definition: Convenience Store means a building which is used as a retail store providing a range of
household and grocery items, and may include postal services, take-out, and may be licensed to sell
alcohol, but is not a supermarket.
Conditions:
1. The store may form part of, or be attached to, a dwelling unit or be a stand-alone building;
2. The retail use shall be subsidiary to the residential character of the area and shall not affect
residential amenities or adjoining properties;
3. The take-out use shall be subject to the conditions set out in 4.3.26.1:
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a. Adequate provision for on-site parking, loading, buffering and landscaping must be
provided; and,
b. The hours of operation are appropriate to the nature of the building and surrounding
neighbourhood and the operation does not create a nuisance.
c. Must meet Use Zone Site Development Standards;
4. A Take Out associated with a convenience store shall be subject to the following standards:
5. A Take-Out Food Use shall have a parking area or stacking lane with a minimum length before the
pick-up window, as determined by Council based on the anticipated on the level of traffic to be
generated;
6. Order boards and signage shall be designed to minimize impact on adjacent residential or
institutional uses.
7. As determined by Council: A buffer consisting of a sound-proof fence and landscaping may be
required adjacent to residential uses. A fence, berm, and landscaping or a combination of these
elements shall be used to reduce headlight glare, lighting, and noise from the Take Out; garbage
receptacles shall be placed either before the pick-up window or after the pickup window.
4.3.14
Custom Manufacturing Service
Definition: Custom Manufacturing Service (small/artisan) means a building where goods are stored,
produced, assembled, or repaired to consumer specifications and sold at retail on the premises and may
include welding, sheet metal, woodworking, flooring and tile contractors, and machine shop.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4.3.15
Garage, Public
Definition: Garage, Public means a building or place other than a private garage where motor vehicles
are kept or stored for remuneration or repair, or a building or place used as a motor vehicle repair shop
which does not include any automatic car washing establishment, a motor vehicle sales establishment
or an automobile service station.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Must be located 20 m from residential uses; and appropriate noise and separation measures shall be
incorporated into the development to reduce noise impact on surrounding properties;
4.3.16
General Service/Repair
Definition: General Service/Repair means an outlet for servicing, repairing, installing, or renting items
and equipment, without limiting the generality of the foregoing, includes the following examples, radio,
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television, and computer service and repair shops; locksmith shops; small appliance service or repair
shops; household and limited contractor service or repair shops; tools and equipment rental shops.
Conditions:
1. Must meet Use Zone Site Development Standards
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties
4.3.17
Hotel or Inn
Definition: means a commercial establishment offering lodging and guest services to travelers and
sometimes to permanent residents, and may have restaurants, meeting rooms, conference facilities, a
lounge, stores, etc., that are available to the general public. In general, to be called a hotel, (not a bed
and breakfast), an establishment must have a minimum of six letting rooms, at least three of which must
have ensuite private bathroom facilities.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards or explain exceptions in the plan
4.3.18
Marina
Definition: Marina means a dock or basin together with associated facilities where slips, moorings,
supplies, repairs, and other services that are typically available for boats and other watercraft, including
storage, sales and rentals, with or without a club house and catering facilities. It can also include a boat-
house or shed associated with a dock or wharf.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
3. Provide and maintain public access to the shoreline via a walkway, path or trail, located, designed
and constructed to the satisfaction of the Council
4. Parking shall be provided for both vehicles and boat trailers with adequate turning areas within the
parking lot;
5. Outdoor storage areas for boats or other equipment shall be landscaped and screened to the
requirements of the Council;
6. Marinas shall be serviced with a supply of potable water and facilities for the collection and disposal
of wastewater in a manner acceptable to the Council;
7. Wharf/Boathouse/Slipway/Breakwater structures shall follow the guidelines for the Construction
and Maintenance of Wharves, Breakwaters, Slipways and Boathouses which are available at:
http://www.env.gov.nl.ca/env/waterres/regulations/appforms/Guidelines_for_Wharves.pdf
8. The Applicant must obtain a permit under of the Water Resources Act, 2002 under Section 48
(http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm) for any infilling or dredging work
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associated with these structures or other works near or in any body of water prior to the start of
construction. Contact: Manager, Water Rights & Investigations Section - (709) 729-4795
4.3.19
Medical or Dental Clinic/Office
Definition: Medical or Dental Clinic/Office means a building or part thereof used by qualified physicians,
dentists, osteopaths, counselors, or other drugless practitioners, including their staff and patients, for
the purpose of out-patient consultation, diagnosis and office treatment. A medical clinic may include
accessory uses such as waiting and treatment rooms, laboratories, dispensaries and administrative
offices. A medical clinic does not include accommodation for overnight patient care or operating room
facilities.
Condition:
1.
Must meet Use Zone Site Development Standards
4.3.20
Motel
Definition: Motel means an establishment providing accommodation for travelers or the transient
public that consists of one or more than one building containing four or more attached accommodation
units accessible from the exterior only and may or may not have facilities for serving meals.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
4.3.21
Outdoor Commercial Patio
Definition: Outdoor Commercial Patio means any outdoor area used in conjunction with any
establishment licensed under the Liquor Control Act, 1990, where meals or refreshments are served to
the public for consumption on the premises.
Conditions:
1. An outdoor commercial patio shall not accommodate more than 50 percent (50%) of the licensed
part of the restaurant with which the patio is associated, or 50 persons, whichever is the greater.
2. No outdoor commercial patio shall be permitted in any yard facing or abutting a residential zone or
abutting a yard or lane facing or abutting a residential zone unless:
a. it is located a minimum of thirty metres (30 m) from the residential zone; and
b. it is screened and physically separated from the residential zone by a building, structure or
wall that is at least two metres (2 m) in height so that noise from the outdoor patio is
mitigated.
3. Unless otherwise determined by Council, an outdoor commercial patio shall have a minimum
setback of one decimal five metres (1.5 m) from any lot line.
4. The location of an outdoor commercial patio on a lot shall not obstruct the view or path of
pedestrian and vehicular traffic that accesses or egresses to or from a street onto or out of the lot.
5. The outdoor commercial patio must not encroach on or eliminate any required parking or loading
space, driveway or aisle for the lot on which it is located.
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6. The outdoor commercial patio shall be so located on the lot as to not interfere with snow clearing
and snow operations of Council.
7. No outdoor commercial patio shall be so located above the elevation of the floor of the first storey
of the principal building where the lot adjoins a residential use zone.
8. Any outdoor lighting shall be directed toward or onto the outdoor commercial patio area and away
from adjoining properties and streets.
9. No loading space shall be required for an outdoor patio restaurant.
10. No music (whether performed live or recorded), dancing or other forms of entertainment shall be
permitted.
11. Parking spaces shall be required for the gross floor area associated with the outdoor commercial
patio use at the same ratio as for restaurants.
4.3.22
Outdoor Market
Definition: Outdoor Market means the sale of goods or products at an open property with no
permanent buildings; temporary facilities or open stalls may be used to hold and display the goods being
sold. Examples may include farmers markets, fish market, flea markets or other types of goods.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3. Requires sufficient off street/highway parking for customers and ensure that the sight lines (visual)
or sign distance at any intersection is not obstructed.
4.3.23
Personal Service
Definition: Personal Service means a building or part of a building used for the provision of personal
services to an individual which are related to the care and appearance of the body, or the cleaning and
repair of personal effects; and where the sale of retail of goods, wares, merchandise, articles, or things is
only accessory to the provisions of such service, Examples include barbershops, hairdressers, beauty
salons, health and wellness centres/spas, tanning salons, tattoo parlours, tailors, dressmakers, shoe
repair shops, and dry cleaning establishments and laundromats. This Use Class does not include medical
and dental clinics, and excludes any manufacturing or fabrication of goods for sale.
Condition:
1. Must meet Use Zone Site Development Standards
4.3.24
Offices: Professional, Financial and Associated Support Services
Definition: Offices means development primarily used for the provision of professional, management,
administrative, consulting, and financial services, but does not include medical or dental clinics or
government services. Typical Uses include: the offices of lawyers, accountants, engineers, and
architects; offices for real estate and insurance firms; clerical, secretarial, employment, telephone
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answering, and similar office support services; and banks, credit unions, loan offices and similar financial
uses.
Condition:
1.
Must meet Use Zone Site Development Standards
4.3.25
Resort
Definition: Resort means the use of land, buildings and structures to provide sleeping accommodations,
communal or individual facilities for cooking and serving of meals for guests or a restaurant; recreation
uses, such as golfing, tennis, lawn bowling, marinas, health spa, swimming pools, angling and other
watersport activities, hunting and recreational shooting, cross-country skiing, sightseeing, camping,
hiking, indoor recreational activities and other similar uses, plus gift and craft shops and the furnishing
of equipment, supplies or services to guests in connection with any of the foregoing activities and may
include accommodation for the operator and staff. (also includes Tourism Cottage Establishment
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
4.3.26
Restaurants
4.3.26.1 Restaurant - Drive-Through and Take-Out
Definition: Restaurant - Drive-Through-take-out means a building designed to allow drivers to remain in
their vehicles before and during an activity on the site. Food and drink are prepared then sold to the
public for immediate consumption either within an eating area inside or outside of the building or within
the patron's own motor vehicle onsite, or for elsewhere off the premises it may include a seating area
for in-house consumption and parking for in-house patrons. It is not licensed to sell alcoholic beverages.
Conditions:
1. A Drive-Through Restaurant shall have a stacking lane with a minimum length before the pick-up
window, as determined by Council.
2. A minimum of six metres (6 m) after the pick-up window to on-site aisle or parking area.
3. Drive-through stacking lanes shall be located away from adjacent residential and institutional uses
whenever possible.
4. Drive-through stacking lanes should be separated by raised islands, be well signed to provide for
ease of use and located so as to avoid crisscrossing of lanes.
5. Order boards with an intercom shall be designed to minimize noise impact on adjacent residential or
institutional uses. Council may require the applicant to undertake a Land Use Impact Assessment to
assess the proposed Drive-Through Use and mitigation measures where the Drive-Through Use is in
close proximity to residential uses.
6. No drive-through stacking lane, order window, or order board shall be located within ten metres (10
m) of a lot line abutting a residential use.
7. A buffer consisting of a sound-proof fence and landscaping shall be provided adjacent to residential
uses. A fence, berm, and landscaping or a combination of these elements shall be used to reduce
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headlight glare, order board lighting, and noise from the Drive-Through Use. Garbage receptacles
shall be placed either before or after the pick-up window as determined by Council.
8. If the use of any land, building or structure is composed of a combination of Drive-Through Use and
any one or more other uses, those uses shall not be construed as accessory to one another and all
provisions pertaining to each use shall apply.
9. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
10. Must meet Use Zone Site Development Standards
4.3.26.2 Restaurant-Full Service
Definition: Restaurants-Full service means a building or part of a building wherein the primary purpose
is the preparation of food for sale to the public for consumption within the building and may include a
take-out area. It is characterized by the provision of table service, including buffet service and may also
be licensed to serve alcoholic beverages.
Conditions:
1. Must meet Use Zone Site Development Standards
2. Refer to Outdoor Commercial Patio for standards related to outdoor areas
4.3.26.3 Restaurant -Mobile Take-Out or Street Vendor
Definition: Restaurant-mobile take-out or street vendor means a mobile food preparation motorized
vehicle or non-motorized cart offering food and non-alcoholic beverages for immediate consumption
that subject to the requirements of the Municipalities Act, 1999 and the Highway Traffic Act, 1990.
Conditions:
1. The parking of a vehicle or trailer for vending or office purposes shall only be permitted as a
subsidiary use on a lot with an existing principal building.
2. The parking of a vehicle or trailer shall not be located on any required landscaped yards.
3. The parking of a vehicle or trailer shall only be permitted if the lot has a sufficient parking area to
accommodate the parking requirements of the principal building or use on the lot and the subsidiary
vehicle or trailer use with its associated parking.
4. The parking of a vehicle or trailer shall not hinder lot access or egress or create an obstruction to
vehicles entering or exiting the lot.
5. If a vehicle or trailer is used for the purpose of the preparation, cooking, and/or sale of food and/or
refreshments, the following approvals are required prior to the placement of a vehicle or trailer on
the lot:
a. approval from the Regional Fire Department regarding the appliances to be used and the
required fire suppression measures, and
b. approval from Service NL regarding the storage and preparation of food and/or
refreshments.
6. A vehicle or trailer will be required to provide, or have access to, washroom facilities as determined
by Council.
7. Council shall limit the length of the Development Permit to a maximum of one year and the permit
may be renewed on an annual basis if the applicant wishes to continue the use.
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4.3.27
Retail
Definition: Retail means a building or part of a building used for the retail or consignment sale of goods,
wares, substances, or merchandise directly to the public within an enclosed building, including a drug
store, appliance or clothing store, food store and shop; and includes storefront industrial, such as,
bakeries, craft breweries (brewpubs), and artist studios, where small-scale production, processing,
packaging and storage of food or beverages and/or other goods produced in limited quantities, using
techniques that do not involve mass-production nor the use or production of flammable, explosive or
other hazardous materials, where such an establishment includes an ancillary restaurant, retail food
store or retail store use through which such goods are sold or served to the public on-site, and which
goods may be sold or distributed wholesale to off-site users or resellers. Accessory uses may include the
assembly or repair of products sold on site or public services such as postal services or pharmacy.
This use class does not include the sale of gasoline, heavy agricultural and industrial equipment,
wholesale goods, automotive and recreation vehicle sales/rentals, flea market, gas bars, greenhouses,
plant nurseries and market gardens, service stations, and box store or warehouse sales or shopping
centre.
Condition:
1. Must meet Use Zone Site Development Standards
4.3.28
Shopping Centres/Retail Warehouse
Definition: Shopping Centres/Retail Warehouse means a large single-level individual store with a
minimum of 1000 m2 gross retail floor space normally selling goods such as Do-It-Yourself goods,
building supplies, furniture, electrical goods, carpets and gardening goods, box stores, with car parking.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
4.3.29
Service Station
Definition: Service Station means land or building used exclusively for the sale/installation of petroleum
products and may include minor repair to vehicles, cleaning and maintenance essential to the actual
operation of vehicles, and the sale of automotive accessories; but does not include an automotive body
repair shop, automotive sales establishment. Service stations are classified as:
Conditions that apply to both Residential and Highway Service Stations: Minimum Standards for all
Service Stations and Gas Bars, notwithstanding the development standards of the Use Zone in which a
service station or gas bar is located, a service station and/or gas bar shall be subject to the following
conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. All gasoline pumps shall be located on pump islands designed for such purpose, and to which
automobiles may gain access from either side, except in the case of propane, diesel, and kerosene
pumps, which may access from one side;
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3. Pump islands and canopies shall be set back at least 4 m from the required landscaped front or side
yards;
4. Accesses shall not be less than 7 m wide and shall be clearly marked and, where a service station is
located on a corner lot, the minimum distance between an access and the intersection of street
lines at the junction shall be 10 m and the lot line between entrances shall be clearly indicated;
Lot Area (minimum) - 900 m2
Lot frontage (minimum) - 48 m (or 35 m along each street at intersection)
Building Height (maximum) - 1 storey
Building Line (minimum) - 6 m
Building Line - Canopies (minimum) - 3 m
11. Surface runoff shall be directed to an oil/water separator before being discharged into a storm
sewer or other drainage system;
12. Minimum of 2 access points for access/egress;
13. Landscaping required along front and exterior lot lines;
4.3.29.1 Service Station - Residential
Definition: Service Station - Residential is a service station which may have a convenience store, snack
bar or drive-through or take-out restaurant subordinate to the main use.
Condition:
1.
All Service station requirements apply.
4.3.29.2 Service Station -Highway
Definition: Service Station -Highway is a service station which includes a full restaurant, convenience
store and other services for the travelling public; and may include a truck stop and services for transport
trucks.
Conditions:
1. All Service station requirements apply; and,
2. Provide adequate separation of areas intended primarily for trucks from areas for cars, buses,
recreational vehicles, vehicle washes, repair areas, trash enclosure areas and other traveler services
waste dumping, passive recreation and structures such as a visitor information centre.
4.3.30
Veterinarian Clinic
Definition: Veterinarian Clinic means a building, structure or parts thereof where one or more
registered veterinarian surgeons including associated staff provide examinations and surgical or medical
treatment to domestic pets, animals or livestock, and may include treatment rooms, laboratories,
dispensaries and associated office. Facilities for the overnight care of animals undergoing treatment may
be permitted indoors and is considered incidental to the hospital use. A kennel is not permitted in
association with a veterinarian clinic.
Condition:
1. Must meet Use Zone Site Development Standards.
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4.4
INDUSTRIAL LAND USE CLASS
4.4.1
Aquaculture Facility
Definition: Aquaculture Facility has the meaning as defined in the Aquaculture Act, 1990.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
3. Must meet requirements of provincial and federal agencies having jurisdiction for aquaculture
development
4.4.2
Crematorium
Definition: A crematorium is a facility containing a certified furnace or similar device intended for use in
the incineration of human or animal corpses.
Conditions:
1. A buffer between the crematorium and a sensitive land use, such as, a higher intensity land use with
a concentration of employees, may be required at the discretion of the Council based on the
following guideline:
a. The buffer shall be a minimum of 70 m from a residential or sensitive land use, such as
elementary and secondary schools, daycares unless there are extenuating physical
characteristics of the site that would provide natural screening;
b. The buffer between other industrial uses may be 30 m unless there are extenuating physical
characteristics of the site that would provide natural screening;
2. All crematory facilities shall be located within an enclosed building that meets building and fire code
requirements.
3. All applicable local, provincial, and federal laws and regulations shall be met.
4.4.3
Composting Facility
Definition: Composting Facility means a processing use that converts solid waste, including plant debris,
decayed organic matter, municipal solid waste or agricultural waste, into a material to be used sold for
the purpose of fertilizing and conditioning the soil for growing produce and nursery plantings.
Condition:
1. Must meet Use Zone Site Development Standards
4.4.4
Contractor, General
Definition: Contractor, General means development used for the provision of building construction,
landscaping, concrete, and electrical, excavation, drilling, heating, plumbing, paving, road construction,
sewer or similar services of a construction nature which require on-site storage space for materials,
construction equipment or vehicles including heavy equipment, temporary storage containers,
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construction trailers, and temporary office trailers normally associated with the contractor service. Any
sales, display, office or technical support service areas shall be accessory to the principal general
contractor service only. This use class does not include professional, financial and associated support
services.
Conditions:
1. Must meet Use Zone Site Development Standards
4.4.5
Energy Generation Facilities
Definition: Energy Generation Facilities means a facility constructed for the purpose of generating
electrical energy from wind, solar or small hydro means.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
2. Must meet Use Zone Site Development Standards;
3. General Requirement:
The following requirements shall apply to wind, solar, and small hydro generating facilities:
a. Energy utilities are subject to the approval of relevant provincial and federal departments,
agencies, and public utilities, including the Department of Natural Resources and Transport
Canada. The design and location of such utilities shall take into consideration their impact on
nearby land uses and persons, the environment, archaeological resources, and other matters
that Council may deem to be significant.
b. A wind, solar, or small hydro generator within a built-up residential area will be limited to a
single unit that serves an individual property.
c. An adequate separation distance will be maintained between wind generators and nearby
buildings and structures to prevent damage to persons and properties due to a failure of a
generator or any of its components or the shedding of ice.
d. Unless specifically exempted by Council or other relevant agencies, the design, construction and
location of an energy utility shall be certified by a professional engineer who has consulted with
the required agencies.
4.
Specific requirements for a Wind Turbine Generator (defined as a structure designed to convert
wind energy into mechanical or electrical energy)
a. The Wind Turbine Generator development shall not create hazards or any negative impacts
on neighbouring properties. In cases where there are potential conflicts or impacts
between a proposed development and neighbouring property, Council may require the
developer to ensure that adequate buffers or screening are maintained to reduce the
impacts on adjoining properties or other mitigation measures that may be necessary to
reduce the impacts.
b. The wind turbine tower shall be located to minimize visual impacts on the Town.
c. The wind turbine tower shall have a clear unobstructed fall zone that has a radius equal to
or greater than the height of the structure and is accommodated within the property
bounds.
d. The wind turbine tower shall be designed and constructed and certified to meet design
loads for operational requirements including ice buildup. The blades shall either have de-
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icing capabilities or be constructed of a material (i.e. poly carbonate composite) that resists
ice buildup.
e. Access to the site shall be restricted and shall include: fencing, gate, and signage posted as
to the property owner, company name, twenty-four (24) hour emergency telephone
number, and warnings of dangers to trespassers.
f.
Should the wind turbine cease operations for a period of longer than two (2) years, the wind
turbine, tower, and any related infrastructure shall be removed from the property.
g. Private turbines shall primarily be for the generation or electrical power for the property
owner of a residential use, for business owners and for varied public use buildings and other
similar sites.
h. Council may determine that the minimum parcel size of 2000 m2 with a wind turbine height
of approximately 10 m; if this is not sufficient to mitigate impacts to adjacent properties,
and in such instances, the wind turbine proposal may be denied by Council.
4.4.6
Fishery Use
Definition: Fishery Use means land and buildings used for the production, processing, storage and
maintenance of fishery products or equipment including aquaculture, and shall include land and
buildings designated for the building, launching, docking or storage of a commercial fishing vessel, and
similar operations, such as a marine centre, fish processing plant.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
4.4.7
Forestry Activities
Definition: Forestry Activities have the meaning as defined in the Forestry Act, 1990.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4), or a Forestry
Management Plan and to submit, every year, the annual operating plan and Domestic Harvesting
areas for Council review and input;
2. All forestry plans and forest management and harvesting report and applications shall provide
information and mapping to address how they will protect the viewscape within the Municipal
Planning Area for the Town of Pasadena, particularly as viewed from the TCH and the floor of the
Humber Valley;
3. Must meet Use Zone Site Development Conditions;
4. Permits for commercial and domestic woodcutting or other forestry related activities must be
obtained from the Regional Forestry Office, Government of Newfoundland and Labrador;
5. All commercial harvesting operators must apply for a development permit.
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4.4.8
Industrial - General
Definition: Industrial - General means development used principally for one or more of the following
activities:
a. the processing of raw materials;
b. the making, manufacturing or assembling of semi-finished or finished goods, products or
equipment;
c. the cleaning, servicing, repairing or testing of materials, goods and equipment normally
associated with industrial or commercial businesses or cleaning, servicing and repair
operations to goods and equipment associated with personal or household use, where such
operations have impacts that would make them incompatible in non-industrial zones;
d. the storage or trans-shipping of materials, goods and equipment;
e. the distribution and sale of materials, goods and equipment to institutions or industrial and
commercial businesses for their direct use or resale;
f.
transport establishments, which include the use of land, buildings, structures or parts
thereof, where commercially licensed trucks, transports and buses are rented, leased,
loaded or unloaded, serviced or repaired kept for hire, stored or parked for dispatching as
common carriers or where goods are temporarily stored for further shipment. Fuel and
petroleum products may be dispensed and parts and accessories sold; or
g. the training of personnel in general industrial operations.
Examples include factories, fish processing plants, marine service centres, cold storage plants, freight
depots, concrete plant, general garage, warehouses and welding shops, vehicle body repair and paint
shops/depots, and similar uses. This use class does not include utility services or the preparation of food
and beverages for direct sale to the public.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
3. Minimum of 2 access points for access/egress;
4. Surface runoff shall be directed to an oil/water separator before being discharged into a storm
sewer or other drainage system;
5. Appropriate noise and separation measures shall be incorporated into the development to
reduce noise impact on surrounding properties;
4.4.9
Industrial - Heavy And/or Hazardous
Definition: Industrial - Heavy And/or Hazardous means industrial uses, which, by their nature, generate
noise, fumes, odours, and are hazardous or obnoxious.
This would include manufacturing uses which are required to be registered under the Environmental
Assessment Regulations, 2003, such as:
Processing of meat, fish and poultry products
Feed Mills
Distilleries, breweries or wineries
Manufacture of rubber products such as tires and tubes
Manufacture of plastic products
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Leather and allied products such as leather tanneries
Manufacture of textile products
Sawmills, planing mills, shingle mill products industries
Paper and allied products manufacturing
Manufacturing, refining and fabricating of metal products
Manufacturing of clay products, cements, and other non-metallic mineral
products
Refining of petroleum products
Manufacture of chemical and chemical products including industrial,
agricultural, plastics and synthetic resins, paints and varnishes, soaps and cleaning
compounds
Other manufacturing uses including photographic films and plates, floor tiles and coated
fabrics manufacturing.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
4.4.10
Industrial - Light
Definition: Industrial - Light means the use of any land or buildings for any general industrial use that
can be carried out without hazard or intrusion and without detriment to the amenity of the surrounding
area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.,
unsightly outdoor storage, refuse matter, or effluent Examples include recycling depot, wholesale and
warehouse uses, rental storage uses, commercial - custom service, catering services, bakeries, food
processing, light manufacturing and assembly (clothing, furniture, consumer electronics), micro-distillery
(no restaurant), broadcast studio, and similar uses; but does not include a salvage/scrap yard.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
2. Must meet Use Zone Site Development Standards;
3. Light industry uses may must be conducted and wholly contained within an enclosed building and
shall not be obnoxious by reason of noise, vibration, odour, dust, smoke, unsightly outdoor storage,
refuse matter, or water carried waste. Such uses shall not involve the use of chemical processes
which result in the emission of gases, use of significant volumes of water or which generate
significant levels of truck traffic.
4. Up to a maximum of 25% of the total floorspace may be used for retail/office space for light
industrial uses, including high technology uses and similar business types on serviced industrial
lands.
4.4.11
Industrial Mall
Definition: Industrial Mall means a building or a group of buildings designed, developed, owned and
managed as a unit in which separate spaces are leased or occupied by permitted industrial uses. No
more than 30 percent of the gross floor area of an industrial mall is used for accessory office or related
commercial uses.
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Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards or explain exceptions in the plan
4.4.12
Mineral Exploration
Definition: Mineral exploration refers to the search for mineral deposits. Mineral exploration ranges
from hobby prospecting to advanced techniques such as trenching and diamond drilling. Mineral
exploration activities may include traditional prospecting, geochemical sampling, airborne and ground-
based geophysical surveys, line cutting, test pitting, stripping of bedrock, trenching, and diamond
drilling, and may be accompanied by the creation of new (temporary) access trails, equipment laydown
areas, campsites, or, less commonly, constructed access roads. For the purposes of municipal planning,
exploration for quarry materials (e.g. sand, gravel) should be considered a form of mineral exploration
and included in the definition of mineral exploration.
The Mineral Lands Division, Mines Branch, Department of Natural Resources, administers the Mineral
Act, 1990 under which mineral licences are issued and within the bounds of which mineral exploration
may be approved by the issuance of an "exploration approval". Exploration approvals are generally
issued for no longer than one year. Applications for exploration approval involving areas within a
municipal planning area and where the activities proposed may involve ground disturbance, wildlife
disturbance, water quality impairments, or foreseeable land use conflict, are referred to the municipality
and terms and conditions to address any specific concerns are raised and addressed during the referral
process;
Conditions:
1. Must meet Use Zone Site Development Standards;
Mineral exploration that does not meet the definition of 'Development'
2. Mineral exploration that does not meet the definition of 'Development' and does not involve
appreciable ground disturbance, construction of access roads, or objectionable noise, odour or
appearance, will be permitted anywhere in the Planning Area, provided that adequate notification is
provided to Council. Mineral exploration that is not classed as development by virtue of little or no
visible impact (e.g. prospecting, ground-based geophysical surveys, geochemical sampling surveys)
should be allowed anywhere in the Planning area.
Mineral exploration which is classed as 'Development, may be permitted provided that:
adequate provision is made for buffering and mitigation of potential impacts on adjacent zones;
mineral exploration shall be subject to conditions that control noise, appearance, and other
impacts that may arise, as well as the duration of the exploration program. The precise nature of
these controls will depend upon the location of the mineral exploration in relation to built-up
and environmentally sensitive areas, such as water supply areas, watercourses, and wetlands.
Where there is to be ground disturbance, the developer shall provide a site restoration surety
and/or other satisfactory guarantees of site landscaping to Council.
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Council will not issue a permit for mineral exploration until all necessary permits and approvals
have been obtained from the Departments of Natural Resources, Government Services, and
Environment and Conservation, and any other relevant Provincial agency.
Basic environmental requirements for mineral exploration are already set out in the Mineral
Regulations under the Mineral Act, 1990 for example, that all excavated, stripped, and grubbed
sites be rehabilitated by backfilling or re-contouring, as appropriate, and then placing stockpiled
organic materials back over the site. The Mineral Lands Division conducts inspections year-
round to ensure that the Mineral Regulations and the terms and conditions of exploration
approvals are adhered to, including that rehabilitation, once due, is completed as required.
Should a town have concerns about any mineral exploration activity, whether before or after
the issuance of an exploration approval from the Department of Natural Resources to conduct
the work, the town should contact the Mines Branch, Mineral Lands Division in order to have
the concerns addressed. Exploration for quarry materials (e.g. sand, gravel) is permitted using
the same procedure and typically involves the excavation of test pits followed by their
immediate rehabilitation.
Mineral exploration associated with mineral licenses (or mining leases or impost lands) whose issuance
date is earlier than a zoning or other planning decision which restricts or disallows mineral exploration
should be considered a non-conforming use as per section 108 of the Urban and Rural Planning Act,
2000 and allowed to continue accordingly.
According to the Mineral Lands Branch, mineral exploration that is classed as development should be at
least a discretionary use in all zones, provided that the work is subject to conditions appropriate to the
use zone and which address any other concerns specific to the location.
4.4.13
Mineral Working
Definition: Mineral Working means land or buildings used for the working, stockpiling or extraction of
quarry materials as defined under the Quarry Materials Act, 1998, including peat extraction.
Conditions
1. For approved developments where the extraction of quarry materials is occurring or may be
expected occur, the Town shall send a copy of the development permit to the Mineral Lands
Division, Department of Natural Resources. Note that quarry materials include but are not limited to
aggregate, fill, rock, stone, gravel, sand, clay, borrow material, topsoil, overburden, subsoil, peat.
2. Council shall be satisfied that the mineral working areas will not create a nuisance and will not
adversely affect the amenity of the specified development or natural feature, no mineral working
shall be located closer than the minimum distances set out below to the specified development or
natural feature:
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Minimum Distance of Pit and Quarry Workings FROM:
(a) Existing or proposed Residential Development:
- where no blasting is involved
300 metres
- where blasting is involved 1000 metres
(b) Any other developed area or area likely to be developed during the life
of the pit or quarry working 150 metres
(c) Public highway or street.................50 metres
(d) Protected Road........................... ....90 metres
(e) Waterbody or watercourse............50 metres
Note: where a minimum required distance was originally observed when choosing the
location of the quarry, quarrying should not be discontinued or impeded where the
buffer is reduced to less than the required distance due to encroachment of
development towards the quarry.
The quarry buffer is required by the Mineral Lands Division, Mines Branch, Department of
Natural Resources as a means to ensure that encroaching development does not create conflict
between the new uses and the existing mineral working activities. Conversely, new quarries will
also be located so as to minimize potential conflict with adjacent land uses. Note that a
reduction in the mineral working buffer shall not impact continuation of the mineral working.
3. A mineral working shall be screened in the following manner where it is visible from a public street
or highway, developed area, or area likely to be developed during the life of the use:
a.
Where tree screens exist between the mineral working and adjacent public highways and
streets or other land uses (excepting forestry and agriculture), the tree screens shall be
retained in a 30-metre wide strip of vegetation so that visibility of any part of the use from
the surrounding uses or streets will be prevented. The tree screens must be maintained by
the owner or occupier of the use to retain 30 metres in a forested appearance. Where
vegetation dies or is removed from the 30-metre strip, Council may require new trees of a
minimum height of 1 metre be planted to fill in the areas affected to the satisfaction of
Council.
b.
Where no tree screens exist of sufficient width and density to constitute a visual screen,
earthen berms shall be constructed to a height sufficient to prevent visibility of any part of
the mineral working from adjacent uses (excepting forestry and agriculture), or adjacent
public highways and streets. The berms shall be landscaped to Council's satisfaction.
c.
Where natural topography creates a visual screen between mineral workings and adjacent
public highways and streets or other land uses (excepting forestry and agriculture),
additional screening may not be required.
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d.
Where effective screening for any mineral working or associated processing or
manufacturing use cannot be installed or located as required in (a) - (c) above, Council may
refuse to permit the use or associated activity.
e.
Council may require the mineral working site or excavated areas of a pit or quarry working
to be enclosed by a fence designed and constructed to its specifications and no less than
1.8 metres in height.
f.
Effective tree screens shall be maintained around the periphery of any mineral working.
Where trees are not present to create an effective screen, Council may require the
installation of a landscaped embankment or fence.
4. Topsoil removed for mineral working shall be retained for restoration of the site.
5. No mineral working shall be conducted which causes danger or nuisance to the public.
6. No mineral working shall be permitted within the view of a designated scenic road.
7. Proposed mineral working operations will be evaluated carefully by Council in conjunction with the
Department of Natural Resources.
8. No mineral working shall unacceptably reduce the quality of water in a watercourse or waterbody.
Any access road which crosses a watercourse shall have a bridge or culvert according to the
regulations of the Department of Environment and Conservation.
9. No mineral working shall result in the excavation of land below the level of the water table nor
cause the ponding of water. However, settling ponds may be permitted with the approval of the
Department of Environment and Conservation.
10. No mineral working shall be carried out in a manner which causes the erosion of adjacent land.
11. The mineral working shall be kept clean of refuse, abandoned vehicles and equipment, and derelict
buildings.
12. Upon completion of mineral working, and when there is no intention to re-open such operations, all
buildings and machinery shall be removed from the site and the site restored so as not to constitute
a danger to the public or present an unsightly appearance.
13. No mineral working or associated drainage shall unacceptably reduce the quality of water in any
waterbody or watercourse. Any access road to a pit or quarry working which crosses a brook or
stream shall be bridged or have a culvert at the crossing, in accordance with the Regulations of the
Department of Environment and Conservation.
14. 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 have a culvert at the crossing, in accordance with the
Regulations of the Department of Environment and Conservation.
15. No mineral working shall be carried out in a manner so as to cause erosion of adjacent land.
16. The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned equipment
and any derelict buildings.
17. During extended periods of shutdown, access roads to a mineral working shall be ditched or barred
to the satisfaction of Council.
18. 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.
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19. Upon completion of the mineral working, the following work shall be carried out by the operation:
a. All buildings, machinery and equipment shall be removed.
b. All pit and quarry slopes shall be graded to slopes less than 20o or to the slope conforming
to that existing prior to the mineral working.
c. Topsoil and any organic materials shall be re-spread over the entire quarried area.
d. The access road to the working shall be ditched or barred to the satisfaction of Council.
20. If the mineral working contains reserves of material sufficient to support further extraction
operations, Council may require the work described above to be carried out only in areas of the site
where extraction has depleted aggregate reserves.
21. The following conditions shall apply to a Mineral Working which is subject to a Department of
Natural Resources Quarry Permit or which is proposed for a duration of less than five years. Council
may require an applicant for a development permit under this condition to meet the stipulations set
out in condition 18 below, if Council determines that the size of the parcel or of the proposed
mineral working, or the size of the aggregate resource in the surrounding area is sufficiently large or
the duration is sufficiently long to warrant the application of condition 18.
22. An application for a development permit for the proposed Mineral Working use shall be
accompanied by a detailed sketch or sketches satisfactory to Council which shall show the location
of physical site features and extraction and processing features required by Council, including but
not limited to:
a. the general area of the location of the mineral working;
b. boundaries of the parcel to be mined (i.e. land covered by the development application);
c. extent of the site area to be mined;
d. roads, parking and loading areas and entrance and exit to the site;
e. waterbodies within the boundaries;
f.
waterbodies within 250 metre radii of the boundary;
g. channels or ponds to be removed, shifted and created; and
h. the location of any building or structure and equipment which will be located on the site.
23. Upon completion of the mineral working operations on the site, the developer shall meet the
conditions set out above and any other condition(s) stated in the development permit that Council
deems necessary for restoration of the site.
24. A temporary development permit may be issued for a maximum of one year and may not be
renewed after five consecutive years. Upon expiry of the development permit Council shall inspect
the site to confirm compliance with the development permit and development regulations.
Long-term Mineral Workings
The following conditions shall apply to a Mineral Working subject to a Department of Natural Resources
Quarry Lease or of a duration of 5 years or greater.
1. An application for a development permit shall include a Mineral Working Development Plan
satisfactory to the Council for the proposed Mineral Working use, which shall include a development
application showing the location of physical site features and extraction and processing features
required by the Council including but not limited to:
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boundaries of the parcel to be mined;
extent of site area(s) to be mined;
buildings and structures on the site;
roads, parking and loading areas and entrance and exit to the site;
fences, berms and landscaping provided for screening;
waterbodies and channels to be removed, shifted and created;
location and expected maximum height of stockpiles of mined ores, sand and gravel;
location of major machinery and conveyors for receiving and processing raw ores
including machinery for sifting, washing and grading ores, and the manufacturing of
concrete and stone products;
the probable location of storage piles of topsoil and overburden removed from earlier
phases of mined areas and temporarily being stored for replacement under the
Reclamation plan; and
An application shall include a Mineral Working Reclamation Plan satisfactory to Council for the
proposed mineral working use which shall explain, illustrate and show to the satisfaction of Council
a plan for restoration of the site which includes final ground contours, slopes, depth of topsoil, and
vegetation and a phasing plan if necessary, in the form of a grading and landscape plan or plans.
4.4.14
Natural Resource Use
Definition: Natural Resource Use means the use of land or buildings for the production and harvesting
or extraction of natural resources such as, agriculture, forestry, fisheries us or mineral working activities.
Conditions:
1. Required to submit the equivalent of an 'Comprehensive Development application (2.2.2 &
2.2.4)' which in could consist of a Farm Business Plan for agriculture proposals, Forestry
Management and annual operating plans for forestry, a proposal for aquaculture, the detailed
quarry permit submission including operation and rehabilitation plans for mineral working
activities; and, the Environmental registration documents of each as required under the
Environmental Assessment Regulations;
2. Must meet Use Zone Site Development Conditions;
4.4.15
Natural Resource-Related industrial uses
Definition: means the use of land or buildings for any commercial or industrial development directly
associated with, or requiring proximity to, farm operation, fisheries, forestry or mineral working
industries; for example, processing of meat, fish and poultry products, feed mills, sawmills, planning
mills, shingle mill products industries, asphalt plant, gravel crushing operation sand may include such
uses as animal husbandry services, produce or grain storage/processing facilities, farm machinery
service outlets, feed and seed warehouse (and associated retail outlets), including a nursery or garden
centre.
Conditions:
1. Must meet Use Zone Site Development Standards;
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4.3.16
Salvage/Scrap Yard
Definition: Salvage/Scrap Yard means an area of land or lot including any building or structure used for
the receipt, storage, sale, re-sale and processing of waste or surplus automobile, transportation vehicles
or industrial equipment, including any parts or pieces that have been removed, but does not include a
solid waste recycling/disposal and composting site.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
3. A scrap yard or solid waste storage or disposal site shall be screened in the following manner where
it is visible from a public street or highway, developed area, or area likely to be developed during the
life of the use:
4. 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.
5. Where vegetation dies or is removed from the 30 metre strip, the Council may require new trees of
a minimum height of 1 metre be planted to fill in the areas affected to the satisfaction of the Council
or, at the discretion of the Council, where no tree screens exist of sufficient width and density to
constitute a visual screen, earthen berm shall be constructed to a height sufficient to prevent
visibility of any part of the use from adjacent uses (exception forestry and agriculture) or adjacent
public highways and streets. The berm shall be landscaped to the Council's satisfaction.
6. Unless the Council is satisfied that the use will not create a nuisance and will not adversely affect the
amenity of the specified development or natural feature, no scrap yard or solid waste storage or
disposal site shall be located closer than the minimum distances set out below to the specified
development or natural features:
4.4.17
Solid Waste Recycling/Disposal and Composting Site
Definition: Solid Waste Recycling/Disposal and Composting Site means a waste disposal site as defined
by the guidelines established under the Environmental Protection Act, 2002, such as waste transfer
stations, composting or recycling.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. A vegetated or landscaped buffer zone of at least 15 metres around the perimeter of the use, in
order to minimize any potential nuisance associated with noise, dust, or odors, or any objections
based on visual aesthetics is provided;
3. There is adequate availability of utilities, including water, sewer, and electricity to provide water for
firefighting and wash down of floors, electrical power for machinery and lighting, and for staff
amenities;
4. The volume of material to be handled and/or stored is provided and the facility designed with
sufficient to handle peak material volumes;
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5. Measures to prevent storm water and runoff from contacting waste materials will be required and
all waste containers used shall be leak proof, or provide for the collection and treatment of
contaminated water and other liquids. Proper disposal of contaminated water shall be ensured;
6. Fencing shall be provided around the perimeter of the site, with a lockable gate at any entrance
point. The type of fencing may vary with the natural site features;
7. Containers intended to receive organic waste will be required to have lids, screens, or covers that
will prevent access by bears and other predators, rodents, and birds, or be placed inside predator-
proof enclosures;
8. Where organic wastes are involved, buildings shall be specifically designed to prevent infestation by
rats and other small mammals, and to be predator-proof.
9. If the solid waste recycling/disposal or composting site is visible from a public street or highway or a
developed area, then the visual buffer is required to a height sufficient to prevent visibility.
10. A Waste Disposal referral buffer will be indicated as an overlay on the Land Use zoning map where
new applications shall be referred to the Waste Management Division of the Department of
Municipal Affairs and Environment for comment and recommendations.
4.4.18
Petroleum Exploration
Definition: means the activities undertaken to find sources of petroleum (as defined below from the
Petroleum and Natural Gas Act, 1990 and "petroleum", in addition to its ordinary meaning, includes oil
and gas; which are defined as follows:
"oil" means, (i) crude petroleum regardless of gravity produced at a well head in liquid form, and (ii)
other hydrocarbons, except coal and gas, and hydrocarbons that may be extracted or recovered
from deposits of oil sand, bitumen, bituminous sand, oil shale or from other types of deposits on the
seabed or subsoil of the offshore area;
"gas" means natural gas and includes substances, other than oil, that are produced in association
with natural gas;
Conditions:
1. In recognition of the Town of Pasadena's objectives to retain local quality of life, the community's
natural ambiance and the small-town sense of place, future petroleum oil and gas exploration
activities shall be limited to the Rural zone.
2. Petroleum exploration activities that are of a magnitude to meet the definition of a development
under the Urban and Rural Planning Act, 2000 must have a permit.
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4.5
CONSERVATION
4.5.1
Environmental Protection Area
Definition: Environmental Protection Area means areas where development is restricted due to the
natural features of the site for purposes of conservation or protection of habitat, wetlands, resource
management, viewscapes or other special designations under legislation; or site unsuitability due to
erosion control, steep slopes, flood control and water supply protection.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Nothing in these Regulations shall prevent the designation of environmental protection areas in any
zone.
3. Council will not permit development vulnerable to flooding in areas known to be subject to local
flooding.
4.5.2
Open Space, Parks and Trails
Definition: 'Opens Space, Parks and Trails' means a generally undeveloped space or environmentally
sensitive areas maintained for the preservation of wildlife and the environment where the quality of the
environment and naturalness of an area is the focus of the recreational experience; activities and
development are limited to trails, picnic areas, playgrounds.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Nothing in these Regulations shall prevent the designation of parks and playgrounds in any zones
provided that such parks and playgrounds are not located in areas which may be hazardous to their
use and are not operated for commercial purposes.
3. Parks and playgrounds may be located on backland but shall have at least one 5-metre wide
vehicular access directly onto a public street.
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4.6
PUBLIC AND INSTITUTIONAL
4.6.1
Cemetery
Definition: Cemetery means a facility or land area reserved and dedicated to the burial of the dead and
includes a columbarium, mausoleum, mortuary and related maintenance facility. A discretionary
accessory use might include a crematorium (a facility containing a certified furnace or similar device
intended for use in the incineration of human or animal corpses) subject to conditions.
Conditions:
1. A landscape plan should be submitted as part of the Development Application. The landscape plan
shall illustrate areas of landscaping in relation to the burial plots and shall identify the location and
types of plant species that are to be planted.
2. A minimum six metre (6 m) wide buffer shall be maintained between any lot line of the cemetery
and areas designated for burial purposes and, within this buffer, trees and shrubs are to be planted
to provide a landscaped screen between the cemetery uses and abutting properties.
3. A fence shall be constructed and erected along all lines of the cemetery
4. A cemetery use shall receive the approval of the Provincial Departments of Health and Environment
and Conservation and shall be developed in accordance with the conditions of these Departments.
5. A discretionary crematorium is subject to the following conditions:
a. A buffer between the crematorium and a sensitive land use such as residential, day care,
elementary or secondary school or higher intensity land use, may be required at the
discretion of the Council based on the following guideline:
i.
The buffer between the crematorium structure within the cemetery to the lot line
shared with residential or sensitive land use, such as elementary or secondary
schools, daycare, shall be a minimum of 70 m unless there are extenuating physical
characteristics of the site that would provide natural screening
ii.
The buffer between other resource uses shall be a minimum of 30 m but may be
less if there are extenuating physical characteristics of the site that would provide
natural screening;
b. All crematory facilities shall be located within an enclosed building that meets building and
fire code requirements;
c. All applicable local, provincial, and federal laws and regulations shall be met.
4.6.2
Institutional Use
Definition: Institutional Use means the use of land or buildings for public purposes, whether publicly or
privately funded, where people may gather in larger numbers to access a regional or a municipal-wide
or regional service, including but not limited to:
Hospitals;
Government Offices;
Educational Facilities;
Convention Centres or major cultural centres, such as provincial Arts and Culture Centres;
Recreation Complex, such as an arena, multi-use sports and entertainment centres, swimming
pools; and,
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Personal Care Facilities (larger than residential home), such as nursing or senior's homes, family
and group care centres.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
4.6.2.1
Personal Care Facilities - Non-Residential
(Nursing Homes, and Family and Group Homes/Care Centres)
Subject to the following standards:
1. The development will be treated as a comprehensive development as set out in Part II of these
Regulations, except that the minimum dwelling floor areas, building line setbacks and yards shall be
as determined by Council.
2. The development shall be tailored to the needs of the persons occupying the development in
accordance with their condition.
3. The overall design of the development - including road layout, landscaping, building design and
location, parking areas, and so forth - will be attractive and compatible with other uses in the
vicinity.
4. A single management authority shall be responsible for the maintenance of properties within the
development.
5. Building types can be as necessary to serve the purposes of the development, including a variety of
dwelling types, care facilities, and communal facilities such as storage rooms, hobby rooms,
workshops, and garages.
6. Adequate noise separation shall be maintained between the use and adjoining dwelling units in an
apartment building,
7. Adequate noise separation shall be maintained between the use and adjoining commercial uses,
8. A fire exit for the exclusive use of the facility use shall be provided,
9. A separate entrance for the exclusive use of the facility use shall be provided unless the entrance to
the use from a common lobby or foyer is immediately adjacent to such lobby or foyer,
10. Parking as required in these Regulations shall be provided and reserved for the exclusive use of the
facility use and identified as such on the parking lot,
11. A minimum of five square metres (5 m2) of net floor space per person shall be provided for use by
the facility users, this aggregate floor space shall be utilized for the purpose of group amenity areas
and individual rest areas.
4.6.3
Protective and Emergency Services
Definition: Protective and Emergency Services means a development which is required for the public
protection of persons and property from injury, harm or damage together with the incidental storage of
equipment and vehicles, which is necessary for the local distribution of utility services. Typical uses
include police stations, fire stations and ancillary training facilities.
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Conditions:
1. Must meet Use Zone Site Development Standards;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties.
4.6.4
Public Gathering Places -Indoor
Definition: Public Gathering Places -Indoor means a building or part thereof designed and equipped to
be used for public gatherings for entertainment, religious (place of worship), cultural, civic, educational,
charitable, philanthropic or social purposes and may include a movie theatre, playhouse, museum, art
gallery, place of worship, funeral home, community or cultural centre, library. These are smaller than
regional institutional uses, like a hospital or college campus, as the patrons generally are not such a
broad segment of society and therefore does not create the same level of activity in terms on onsite use
and traffic.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards or explain exceptions in the plan;
3. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4. Where permitted as a discretionary use, a place of worship and an educational use shall conform to
the frontage, building line setback, side yard, rear yard, lot coverage and height requirement
specified for a detached dwelling.
5. Crematory facilities may be associated with a funeral home, subject to meeting the following
conditions:
a. A buffer between the crematorium and a sensitive land use, such as residential, day care,
school or higher intensity land use, may be required at the discretion of the Council based
on the following guideline, that the buffer be a minimum of 70 m from a residential or
sensitive land use, such as elementary or secondary schools, daycare unless there are
extenuating physical characteristics of the site that would provide natural screening;
b. All crematory facilities shall be located within an enclosed building that meets building and
fire code requirements;
c. All applicable local, provincial, and federal laws and regulations shall be met.
4.6.5
Public Gathering Places - Outdoor
Definition: Public Gathering Places - Outdoor means an open-air assembly use requiring the minimum
of permanent facilities, in the form of or similar to an outdoor worship service, and informal outdoor
recreation, such as a picnic or barbecue area, playground and walking or jogging trails; but does not
include a sport and recreation facilities or a recreation complex.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards;
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3. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
4. The use shall not negatively impact upon the main or primary use of the property and its associated
activities such that the combined uses create a public safety or health concern or inconvenience.
5. The use shall not be permitted in close proximity to a residential area where, in the opinion of
Council, the use or its associated activities will create a nuisance, such as the generation of fumes,
noise, vibration, litter, and lighting, affecting the nearby residential area.
6. Where it is determined by Council, for public safety and convenience, that fencing is required; the
area of the use shall be fenced in accordance with the requirements of Council;
7. Where it is determined by Council that washroom facilities are required, the use shall be required to
provide washroom facilities in accordance with the requirements of the Provincial Department of
Health and Council;
8. Where it is determined by Council, a security deposit will be required to be submitted to the Town
for the cleanup of the site and surrounding area of litter and debris which is generated by the
activities or the use. The security deposit shall be returned upon the site and surrounding
properties being left in a clean state that is satisfactory to Council.
4.6.6
Sports and Recreation Facilities
Definition: Sports and Recreation Facilities means land and a building, structure or part thereof,
designed and equipped to be used for athletic and leisure activities, and may include a health and fitness
centre, bowling alley, curling rink; tennis, squash, handball and badminton courts; sports fields, outdoor
tennis courts, unenclosed ice surfaces or rinks, athletic fields, boating facilities and Informal outdoor
recreation, such as a cycles track, and walking or jogging track; but does not include a recreation
complex but may include Public Gathering - Outdoor uses.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Appropriate noise and separation measures shall be incorporated into the development to reduce
noise impact on surrounding properties;
3. Their environmental impact within the site can be contained and minimized;
4. The activity is not unduly detrimental to the wider amenity of the area; and,
5. The activity does not have a detrimental effect on neighbouring land uses or amenities.
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4.7
RESIDENTIAL LAND USE CLASS
General Conditions
1. The front wall of a dwelling shall face the street on which it is located and shall have a civic number
easily visible for fire and emergency services (see 6.1.2).
2. All residential structures shall have frontage on a publicly maintained road. (refer to Provision 4.1.1
for additional details).
3. All infill residential, duplex, medium and higher density residential proposals are to recognize the
existing, established neighbourhood character and that new development is to blend in well with
the built form of the neighbourhood. In some instances, Council may determine through a rezoning
process for a higher intensity of residential use that the proposal is not the right location and the
appropriate fit for the neighbourhood, and the rezoning may be denied.
4. Residential Stairwells and Stairwell Enclosure-Exterior
a. An open stairwell enclosure shall not be permitted in a side yard unless the stairwell meets the
minimum side yard setback requirement.
b. In the case of an existing side yard stairwell, Council shall permit the enclosure of the stairwell
subject to the following requirements:
i.
the enclosed stairwell is no closer than one decimal two metres (1.2 m) to the side lot
line,
ii.
the enclosed stairwell is not located within a utility easement, and
iii.
the stairwell does not direct water onto the abutting property.
c. An enclosed stairwell may be permitted closer than one decimal two metres (1.2 m) to the side
lot line subject to the following requirements:
i. the stairwell is not located within a utility easement; and
i.
the abutting property owner provides a certified copy of an easement agreement (registered at
the Registry of Deeds) to allow access to perform maintenance on the structure.
5. Residential Patios, Decks, Balconies, and Verandas Patios
a. A patio shall meet the following development standards:
i.
minimum front yard setback: six metres (6 m) provided the patio does not encroach
upon or reduce the number of off-street parking spaces required for the residential use;
ii.
minimum side yard: one decimal two metres (1.2 m);
iii.
minimum rear yard depth: one decimal two metres (1.2 m);
iv.
maximum height: at ground level or up to a maximum of zero decimal six metres (0.6 m)
above ground level;
v.
if a roof is constructed as part of the patio or deck, or the patio or deck and the roof are
attached to the building, the patio or deck will be considered an extension to the
building; the roof will be complimentary to the dwelling to which it is attached and will
be designed in a manner that is sensitive to surrounding properties; and the maximum
height of the roof over the patio or deck shall be 3.1 m; and,
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b. Council may permit at its discretion permit the erection of a patio in the minor side yard that is
bordering onto a flanking street with an adjacent Town owned Open Space intended for snow
storage purpose.
A deck shall meet the following development standards:
i.
a deck is not permitted in a front yard;
ii.
minimum side yard: one decimal two metres (1.2 m);
iii.
minimum rear yard depth: six metres (6 m) unless otherwise determined by Council;
maximum height: greater than zero decimal six metres (0.6 m) above the established
grade and up to but not higher than the first storey of the dwelling; and,
iv.
if a roof is constructed as part of the patio or deck, or the patio or deck and the roof
are attached to the building, the patio or deck will be considered an extension to the
building; the roof will be complimentary to the dwelling to which it is attached and will
be designed in a manner that is sensitive to surrounding properties; and the maximum
height of the roof over the patio or deck shall be 3.1 m.
A balcony shall meet the following development standards:
i.
a balcony is not permitted within the building line setback;
ii.
minimum side yard width: two metres (2 m);
iii.
minimum rear yard depth: six metres (6 m); and
iv.
a balcony shall not extend beyond a maximum projection of two metres (2 m) into any
yard.
A veranda shall meet the following development standards:
i.
minimum side yard width: two metres (2 m); and
ii.
a veranda shall not extend beyond a maximum projection of one decimal five metres
(1.5 m) into any yard.
6. Residential Wheelchair Ramp Wheelchair Ramps
a. A wheelchair ramp must be built to the Building Code of Canada standards (Section 3.8.3.4);
b. Minimum side yard setback: zero decimal three metres (0.3 m) unless the ramp is being built
adjacent to a boundary that abuts an open space Town-owned property where the side yard
setback is zero metres (0 m);
c. Every effort must be made to construct a wheelchair ramp such that it runs adjacent to the
dwelling that it provides access to, rather than extend at an angle away from the dwelling
face.
d. At its discretion, Council may, after consulting with abutting property owners, permit an
access ramp for a wheel chair to be erected outside the minimum setback of the front yard,
side yard, or rear yard of a lot if:
1. There is no alternative means to provide the access ramp, and
2. The ramp does not create a safety hazard or block sight lines.
c. An access ramp or open deck is not deemed to be part of the building when calculating lot
coverage for the purposes of the Use Zone Table.
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d. At its discretion, in order to accommodate the mobility needs of disabled and elderly
persons, Council may require higher or special standards or provisions in the design and
construction of streets, sidewalks, parking areas, building entrances, building internal spaces,
parks, trails, playgrounds, recreational sites and facilities, and public spaces.
7. Minor Front Yard Projections on a Residential Lot
a. No portion of a dwelling shall project into the minimum building line setback except for
the following circumstances and in accordance with the following provisions. The
following projections shall be permitted:
i. chimney breast, eaves, sills or cornices not projecting more than one metre (1
m) into a required front yard depth;
ii. unenclosed steps with or without a landing;
iii. an unenclosed or enclosed porch that projects no more than two metres (2 m)
into the required front yard depth or beyond the established building line for
the lot;
iv. a patio or veranda in accordance with the conditions as outlined in the specific
Use Zone; and
v. wheelchair ramps or other accessibility devises as approved by Council.
b. The projection does not encroach upon or reduce the minimum amount of parking
required for the lot;
c. The projection does not encroach upon or create an obstruction in the sight triangle for
corner lots; and,
d. Council may permit the projection to exceed beyond two metres (2 m) into the building
line setback if it is the view of Council that the projection does not negatively impact the
sight lines or streetscape of the residential street, does not create obstructed views for
adjacent or nearby residential properties, and the projection is architecturally and
aesthetically compatible with the dwelling to which it is attached:
e. The projection does not encroach upon or reduce the minimum amount of parking
required for the lot;
f.
The projection does not encroach upon or create an obstruction in the sight triangle for
corner lots;
4.7.1.
Detached Dwellings
Definition: Detached dwelling means a dwelling containing one main dwelling unit which has a private
entrance, and which is not attached to another dwelling; and, does not include mobile homes or
recreational vehicles, but does include mini-homes; but it may contain a subsidiary apartment.
Condition:
1. Must meet Use Zone Site Development Standards
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4.7.2
Semi-Detached Dwelling
Definition: Residential Dwelling- Semi-Detached (Double) means a building containing two dwelling
units, where each dwelling unit has a private entrance as compared to apartment buildings with a
common entrance, where the units can be placed one above the other, or side by side, but does not
include a detached dwelling containing a subsidiary apartment.
Condition:
1. Must meet Use Zone Site Development Standards.
4.7.3
Townhouses
Definition: Residential Townhouses means three or more dwelling units in one building, each unit
separated vertically from the others, each of which must have an independent entrance to a front and
rear or side yard; and each unit may be located on a separate lot.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
3. Medium Density residential development applicants are to provide building rendering information
to the Town to identify architectural intent of the proposed development. Building design attention
to front entrances, windows and design treatment, facades, rooflines, massing and avoidance of
large blank and repetitive design walls, quality of building materials and strong individual unit
identity will be required.
4.7.4
Mini-Home and Mobile Homes
Definitions:
MINI-HOME: Mini-Home means a sectional prefabricated dwelling designed for transportation after
fabrication to a site, typically transported by means of flat-bed trucks, and coupled together
mechanically and electrically to form a single structure situated on a concrete foundation, either a
full basement or crawlspace, but does not include a mobile home. Mini homes do not have axles or
a chassis. To differential between a mini-home and a modular home, the shape of a mini-home is
similar to a mobile home with a rectangular shape, whereas a modular home is of varied
architectural features and styles which is 'ready-to-assemble' on-site and are indistinguishable from
a home built on-site.
MOBILE HOME: Mobile Home means a transportable factory-built detached dwelling:(a) which
complies with space standards substantially equal to those laid down in the Canadian Code for
Residential Construction and is in accordance with the construction standards laid down and all
other applicable provincial and;(b) which is designed to be transported on its own wheels and
chassis to a mobile home lot, and subsequently supported on its own wheels, jacks, posts or piers,
or on a permanent foundation and connected to exterior public utilities , in order to be suitable for
year round term occupancy.
Types of Mobile Home or Mini Home developments:
Mobile Home or Mini Home Park: means a development under single or joint ownership, cared for
and controlled by an operator where individual mobile or mini home lots are rented or leased with
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or without units placed on them and where ownership and responsibility for the maintenance and
development of site facilities including underground services, access roads, communal areas, snow
clearing and garbage collection, or any of the, are the responsibility of park management. It does
not travel trailer park, campground or group dwellings.
Mobile Home or Mini-Home Subdivision: means a development requiring the subdivision of land
whether in single or joint ownership into two or more pieces or parcels of land for the purpose of
mobile home or mini-home lots and where the maintenance of streets and services is the
responsibility of a municipality or public authority. A mobile home may not be located within a mini
home subdivision; however, a mini home may be located within a mobile home subdivision.
Conditions:
1. A mobile home must be located within a mobile home subdivision;
2. A mobile/mini home subdivision/park is required to submit a Comprehensive Development
application (2.2.2 & 2.2.4).
4.7.5
Apartment Building
Definition: Apartment Building means a building containing three or more dwelling units which have a
shared entrance and hallway, but does not include a row dwelling or a subsidiary apartment.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4);
3. Medium and Higher Density residential development applicants are to provide building rendering
information to the Town to identify architectural intent of the proposed development. Building
design attention to front entrances, windows and design treatment, facades, rooflines, massing and
avoidance of large blank and repetitive design walls, quality of building materials and strong
individual unit identity will be required;
4. Commercial uses may be permitted in multiple-unit apartment buildings where:
a. The proposed use is located on the ground floor of the apartment building;
b. The commercial use will serve local needs of the residents and surrounding neighbourhood; and,
c. The use will not detract from the residential character of the neighbourhood by virtue of
generating excessive noise or traffic.
4.7.6
Cottage
Definition: Cottage means a dwelling unit designed or intended for seasonal or recreational use and is
not intended for use as permanent living quarters, and does not include a vehicle as defined under the
Highway Traffic Act, 1990.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. Must meet building requirements under these Development Regulations, including the National
Building Code, etc.
3. Remote or accessible (recreational) cottages will not be eligible for municipal services if such service
would be a burden to taxpayers;
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4. A home in a residential area, used as a seasonal residence, must be maintained to the standard of
the neighbourhood as a full-time residence;
5. Recreational cottages with road access (usually a resource road) allocated on Crown land should
preferably be located within a designated cottage development area by the Lands Branch,
Government of Newfoundland and Labrador.
6. Recreational cottages shall not have private access onto Class 1, 2 and 3 Protected Roads unless
they are located within a designated cottage development area by the Lands Branch, Government of
Newfoundland and Labrador.
4.7.7
Personal Care Home -Residential (including Group Home and Treatment facilities)
Definition: A Personal Care Home - Residential is a detached dwelling used for children, young people
or adults who cannot live with their families, such as people with chronic disabilities or people with
dementia, or simply seniors who can no longer live alone, but wish to live in a home setting rather than
an institution. This includes special needs housing in the form of treatment facilities, such as drug
dependency residential programs for youth or alcohol recovery treatment for adults as well as youth.
No more than five residents are allowed.
Conditions:
1. Must meet Use Zone Site Development Standards;
2. A personal care or group home is permitted in a dwelling unit that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff.
3. The use and appearance of the dwelling shall not materially differ from, or adversely affect, the
amenities of adjacent dwellings or the neighbourhood.
4. Council may require special access and safety features to be provided for the occupants before
occupancy is permitted.
5. There must be at least one trained caregiver there 24 hours a day;
4.7.8
Cluster Residential development
Definition: Cluster development consists of family-oriented housing on a large site, in the form of
detached dwellings or semi-detached dwellings on individual lots or in the form of ground-oriented
multiple unit residential buildings with substantial public open space set aside within the development
site in accordance with a comprehensive development application. Cluster development shall only be
considered if there are special amenities such as mature vegetation, watercourses, ravines, or other
landscape or heritage features worthy of preservation, or the site can contribute open space to a park
designated in the municipal plan, or the site is impacted by slopes or incompatible uses.
Conditions:
1. A comprehensive development application is required for a Cluster (Conservation) residential
development - Refer to 3.1.2;
2. The minimum lot area for a Cluster development comprehensive development application shall be 2
hectares;
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3. The designated Open Space lands may contain natural features such as a stream, ravine, stands of
mature trees, or other land forms worthy of preservation, and/or contain heritage buildings or
features, and/or contribute to a park designated in the municipal plan; and
4. Open Space areas must be accessible by the public from a public road;
5. A restrictive covenant will be put in place that prevents future rezoning of the Open Space lands that
are part of the Cluster Residential Comprehensive Development application.
4.7.9
Home Business
Definition: General Home Business means a subsidiary use of a dwelling or associated accessory building
for commercial use involving the provision or sale of goods and/or services without detracting from the
residential character of the neighbourhood in terms of traffic, or any other nuisance. Examples may
include:
1. Home office for professions, such as, an accountant, architect, auditor, engineer, realtor, insurance
agent, planner, lawyer;
2. Personal service such as a hairdressing, tailor, photographer, pet groomer, caterer's establishment;
3. Care services, such as child care, or home-care; and similar occupations or businesses.
4. Artisan and other home crafts;
5. Food preparation for catering services and baking;
6. Bed and Breakfasts;
7. Music and dance lessons and educational tutoring;
8. Telephone and mail order business;
9. Art gallery and framing shop;
10. Pet grooming services;
11. Shoe repair, dressmaking, sewing repairs and tailor shop;
12. Furniture repair and upholstery;
13. Sale of bedding plants and trees grown on the same lot;
14. Various personal service uses that do not disrupt the residential character of the neighbourhood
such as small appliance, clock/watch, bicycle, ski and snowboard and computer repair, locksmiths,
manicurists and insurance agents; and,
15. Discretionary Uses as approved by the Authority.
Exclusions:
An accessory home-based business shall not include any business activity related to any of the following
uses:
Occupations that discharge or emit odors, noxious or toxic matter or vapors; heat, glare, noise
and/or radiation;
Manufacturing, welding or any other light industrial use;
The salvage, repair, maintenance or sales of motor vehicles, or motor vehicle engines or parts;
Tow truck operations;
The use of mechanical or electrical equipment except as ordinarily utilized in purely domestic,
household, recreational hobbies or a home office use;
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The use of any motor vehicle exceeding 4,500kg (9,920lbs.) licensed gross vehicle weight, or a
commercial vehicle unless such vehicle is completely enclosed within a building;
Materials and commodities that involve delivery to and from the home-based business
residence in such bulk or quantity as to require regular or frequent delivery by a commercial
vehicle or trailer;
Business that result in traffic congestion, on street parking overflow, electrical interference, fire
hazards or health hazards;
Veterinary clinics, pet breeding and boarding kennels;
Orchestra and band training;
Office uses that generate regular daily visits by clients, as in a clinic;
Public gathering use;
Telephone or mail order sales of goods where customers enter the premises to inspect,
purchase or take possession of goods;
The sale of any commodity not produced on the premises, except for personal service-related
products;
Warehouse outlet;
Contractors Yards;
Realty office;
Adult Entertainment Uses; and,
Any other use that is not complimentary to the quiet enjoyment of a residential neighbourhood.
General Development Conditions for Home Businesses:
1. The home-based business must have an annual business license (with fee) from the Town;
2. Limiting the maximum square footage size of the home business operation to 25% of the total floor
area of the principal residential home except for Day Care where the area will be at the discretion of
Council;
3. The use is clearly subsidiary to the residential use, does not alter the character of the property or
detract from the residential character of the neighbourhood. The external appearance of the
dwelling or accessory building shall not be changed by the home business and the business Is use to
be entirely enclosed within a building.
4. Activities associated with the use are not hazardous, and are not a nuisance to the occupants of
adjacent dwellings;
5. No regular parking of commercial vehicles or trailers except for one vehicle with a gross weight of no
greater than one tonne will be permitted.
6. The residence is occupied by the operator of the home business.
7. There shall be no wholesale or outdoor storage of goods or equipment.
8. Any retail sales are incidental and subsidiary to the approved use.
9. The residential lot has sufficient area to accommodate the parking and loading requirements of the
dwelling unit and the home business.
10. The only home businesses that can be conducted outside the dwelling or accessory building are
Non-farm operation animal husbandry as defined under 'Agriculture - Urban' and Child Care.
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11. A non-illuminated identification sign not exceeding zero decimal two square metres (0.2 m2) in area
shall be permitted provided that the sign is consistent with the residential character of the
neighbourhood.
12. The home business use must be entirely enclosed within the building;
13. The home business will occupy:
a. no more than twenty percent (25%) of the total floor area of the dwelling unit (except for
day care which is at the discretion of Council), or
b. no more than one hundred (100) square metres of the total floor area of an accessory
building.
14. Council may require fencing, screening, and/or a minimum buffer to protect the amenity of adjacent
uses.
15. The home business will not create traffic safety or traffic congestion concerns.
16. The home business will adhere to all other conditions that Council considers necessary to protect
the amenity of adjacent uses and the neighbourhood.
17. The home business will not use water or generate sewage in excess of what can be accommodated
by the municipal water supply and sewage system.
Development Conditions for Specific Home Businesses
4.7.9.1
Bed and Breakfast
Definition: Bed and breakfast, sometimes referred to as a hospitality home, means an owner-occupied
or owner-managed dwelling for paid temporary accommodation with no more than four (4) guest
rooms. The establishment may include a self-serving dining area for the use by overnight guests.
Catered dining may be considered on a limited-use basis. Other uses that may be considered under this
definition include hospitality home and inn. It does not include a hotel, motel or hostel.
Conditions:
1. The principal use of the residential dwelling unit shall continue to be the home for the ongoing
occupation by a single family; no other use such as for a Residential Care or Boarding use shall be
permitted at the same time as a Bed and Breakfast use;
2. The person(s) operating the Bed and Breakfast shall hold a valid license issued by the agency/
agencies having jurisdiction or authority, such as, Canada Select and the Tourism Division,
Government of Newfoundland and Labrador;
3. No more than four bedrooms accommodating not more than two persons per room at any one time
may be used by residential homes for a Bed and Breakfast use; however, for a residential property
of a minimum of 0.4 hectares or more, additional rooms may be considered at the discretion of
Council;
4. The maximum stay for any one patron shall be not more than 45 days in a 12-month period;
5. Bed and Breakfast amenities shall include a minimum of sleeping accommodation area per bedroom
of 12.0 m2 and full bathroom and washroom facilities with potable hot and cold water for each
bedroom;
6. A Bed and Breakfast Use is not permitted within a subsidiary apartment, a mobile home or within
multi-unit dwellings units.
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4.7.9.2
Boarding House
Definition: Boarding house or lodging house means a detached dwelling in which at least rooms are
regularly rented to 3 or more persons other than the immediate family of the owner or tenant. Guests
are semi-permanent boarders/lodgers, whereas hotel guests are travelers and transient guests.
Conditions:
1. Must conform to Use Zone Table and General Standards for Home Businesses
4.7.9.3
Day Care: Residential
Definition: Day care or family and group care means a dwelling accommodating up to but no more than
six (6) children or five (5) adult persons exclusive of family or staff receiving care in a home-like setting,
for example, group homes, halfway house, child care, adult care (seniors) or disabled persons.
Conditions
1. The section of the street on which the use is located allows sufficient area and sight distance for the
safe and convenient drop off and pick up of children without hindering the safety and convenience
of vehicular and pedestrian traffic on the street, or the development provides adequate off-street
drop off or pick up spaces satisfactory to Council;
2. the use is compatible with nearby uses; that is, the use of the dwelling does not materially differ
from, nor adversely affect, the amenities of the adjacent residences, or the neighborhood in which it
is located;
3. the use shall occupy a maximum of forty percent (40%) of the floor area of the dwelling unit;
4. the use shall have a maximum of six (6) adult day care users present at any time;
5. a minimum of five square metres (5 m2) of net floor space per person shall be provided for use by
adult day care users, this aggregate floor space shall be utilized for the purpose of group amenity
areas and individual rest areas;
6. the operator of the day care shall maintain the dwelling in which the use is located as his/her
primary residence;
7. the use shall operate only during the full daytime period between 7:00 a.m. and 7:00 p.m.
8. A family group care centre use is permitted in any dwelling or apartment that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff, provided that, in the
opinion of Council;
9. Council may require special access and safety features to be provided for the occupants before
occupancy is permitted.
4.7.9.4
Parking for Home Business
1. In addition to the two required parking spaces for a residential zone use, a Home-Based Business
shall provide one additional parking space for each non-resident employee working at such facility;
2. The Home Base Business applicant shall provide a Development application that indicates the
parking spaces location and any landscape improvements related thereto at time of business license
application.
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4.8
PUBLIC INFRASTRUCTURE AND UTILITIES
4.8.1
Communications
Definition: Communications means a television, radio, cell phone, or transmission tower or antenna, as
well other communications transmitting or receiving building or infrastructure and includes wireless
communications facilities, such as, infrastructure regulated by the federal government that enables
wireless communications including broadcast antennas, cellular phone towers including private antenna
systems for ham radio and citizen band radio, mounted on the ground or on another structure such as a
rooftop.
Conditions:
Council may, within any zone, permit land or a building to be used in conjunction with
telecommunications structures or antennas subject to the following standards:
1. Must meet Industry Canada standards
2. Where proposed telecommunication towers are less than 15.0m in height, and where the proposed
tower poses no apparent or known significant and authenticated negative impact on adjacent lands,
buildings and uses, they are to be integrated and installed in association with an existing structure or
building such as on an existing utility pole or tower, or on the rooftop of a non-residential use
building.
3. Must meet Use Zone Site Development Standards except as noted below;
a. The height requirements may be waived in the case of communication masts and antennae,
flagpoles, water towers, spires, belfries, or chimneys, but any such waiver which results in
an increase of more than twenty percent (20%) in the permitted height of the structure shall
only be authorized under the provisions of the Section of the Regulations dealing with
Variances;
b. The telecommunications structure or antenna that does exceed the height requirements as
outlined in Item 2 (above) shall meet the conditions as outlined in Item 5 (below);
c. Where the telecommunications structure or antenna exceeds the height requirements as
outlined in Item 2 (above) or exceeds a height of fifteen metres (15 m), the antenna shall be
processed as a discretionary use subject to the provisions of the Section of the Regulations
dealing with Variances with notification to residents located within 0.5 km; these should
preferably be located in the Rural and Industrial zones.;
4. Where Council permits a telecommunications structure or antenna, the telecommunications
structure or antenna shall be subject to the following conditions
where it is deemed feasible, a new telecommunications structure or antenna will share existing
telecommunications structure or antenna infrastructure or will modify or replace an existing
telecommunications structure or antenna do not detract from the appearance and character of
the surrounding properties;
the colour, location, and design of a new telecommunications structure or antenna will not
detract from the appearance and character of the surrounding properties and do not negatively
impact aesthetically on adjacent lands and uses; and,
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the site or the building on which the telecommunications structure or antenna is erected or
situated shall be landscaped or treated in such a manner to minimize the visual impact on the
surrounding area.
4.8.2
Easement
Definition: Easement means the right to use land, most commonly for access to other property, or as a
right-of-way for transportation or transmission corridor, utility service or emergency access.
Conditions:
1. No permanent building (including accessory buildings) shall be constructed over any known
easement or emergency access, whether that easement has been assigned to the Town, a
department of the provincial or federal government, or any utility company (i.e.: Nalcor,
Newfoundland Power, telephone, cable television, Crown Land).
2. Where land is required for utility easements or emergency access, or other forms of legal limitation
to the use of the land, or to protect and preserve specific natural or environmental features of the
site, Council shall require that such land be obtained for the appropriate government department or
agency, or private utility provider, in the course of consideration of approval of subdivision or other
development applications.
4.8.3
Utilities
Definition: Utilities means a development that comprises a system or works used to provide one or
more of the following for public consumption, benefit, convenience or use:
water;
sewage disposal;
drainage;
fuel;
electric power;
waste management;
street lighting;
telecommunications,
and includes minor buildings and the thing that is provided for public consumption, benefit, convenience
or use but does not include a water treatment plant, sewage treatment plant, solid waste landfill, or
power plant.
Conditions:
1. Required to submit a Comprehensive Development application (2.2.2 & 2.2.4)
2. Must meet Use Zone Site Development Standards
3. No adverse effect on adjacent land uses is created.
4. The size and appearance of such works must be in keeping with adjacent uses; and,
5. Provision shall be made for buffering in the form of landscaped areas between uses;
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4.8.4
Transportation/Transmission Corridor
Definition: For the Town of Pasadena, the Transportation/Transmission Corridors consist of the Rights-
of-Way for the Trans-Canada Highway, the Deer Lake Power Company, Corner Brook Pulp and Paper
Company, and the Muskrat Falls hydro-electric transmission line, as identified by the zone.
Conditions:
1. No future or existing land or building developments that require new roadway access to the Trans-
Canada Highway will be permitted.
2. No future or existing land or building developments will be permitted to locate within the
transmission line corridor.
3. Accesses that pass under the transmission lines may be permitted through consultation and
approval recommendations from Deer Lake Power Company Power, as the electric utility provider.
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5.0 ACCESSORY USES & BUILDINGS
5.1
ACCESSORY USES
5.1.1
General Accessory Uses
Definition: Accessory Use (as set out in the Ministers Development Regulations under the Urban and
Rural Planning Act, 2000): '...means a use that is subsidiary to a permitted or discretionary use and that
is customarily expected to occur with the permitted or discretionary use...';
Examples of accessory or subsidiary uses to a primary use include, but are not limited to, the following:
1. facilities for the serving of food and alcoholic beverages in an arena or other public gathering place,
adult day care, senior's residence, marina, or hotel;
2. childcare, catering, convenience and take-out food service maybe permitted as an accessory use to a
recreational facility, provided that they are contained within the building envelope of the
recreational building;
3. a gift or souvenir shop in a museum, hotel or other public institutional establishment;
4. an office, convenience store, or small catering establishment in a campground;
5. a dock, wharf, slip or stage associated with a permitted use; exception includes a storage building
and workshop only if it does not detract from the nature of the neighbourhood;
6. a home business;
7. a residence only associated with a resource use, such as a farm house on an agriculture farm
operation or associated with a 'live-work' industrial studio in a light industrial park/business;
8. a satellite dish or similar device attached to a building;
9. a wind generator, solar panel, radio antenna, or similar device;
10. an office or storage building associated with a commercial building;
11. urban agriculture, and,
12. a workshop or storage building dock associated with an industrial use.
General Conditions for all accessory uses:
1. Must conform to Use Zone Table in which the primary permitted use is located;
2. To preserve the character and livability of neighbourhood residential areas of Pasadena, no more
than three accessory residential uses area allowed: subsidiary apartments (including granny suite)
for a boarding use, a bed and breakfast use, a home-based business, a child care use, the keeping of
backyard chickens and similar accessory uses of activity as defined by the Development Regulations,
shall be permitted at any one residential home and property at any one time.
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5.1.2
Subsidiary Apartments
Definition: means a separate dwelling unit constructed within, or attached to, and is subsidiary to a
detached dwelling.
Conditions:
1. One subsidiary apartment may be permitted in a detached dwelling and shall be contained within
the same building as the detached dwelling.
2. Council may consider a subsidiary apartment for seniors as a granny suite built as an attachment to
the main floor of the detached dwelling.
3. For the purpose of calculating lot area and yard requirements, the apartment shall be considered
part of the detached dwelling.
4. A minimum of two off street parking spaces shall be required.
5. The minimum floor area required is 40 m2 for a one-bedroom subsidiary apartment, plus ten square
metres for each additional bedroom.
6. The apartment is completely self-contained, with facilities for cooking, sleeping, and bathing.
7. The apartment shall not alter the appearance of the structure as a detached dwelling;
8. Shall have a separate entrance/egress to the outside;
9. The apartment is completely self-contained, with facilities for cooking, sleeping, and bathing.
10. For lots without municipal water, Service NL shall determine water and sewerage disposal
requirements and a permit will be issued subject to its approval.
5.1.3
Satellite Dish
Satellite Dish - Residential
Notwithstanding the requirements of the Use Zone Tables, a satellite dish associated with a residential
use shall be permitted subject to the following conditions:
1. a satellite dish which is attached to or forms part of a dwelling shall not exceed a diameter of one
decimal two five metres (1.25 m);
Satellite Dish -Commercial
A satellite dish associated with a commercial use shall be permitted to the following conditions:
1. unless otherwise determined by Council, there shall be one satellite dish per lot;
2. the satellite dish shall not be located in the front yard or flanking side yard of a lot, unless the area
surrounding the satellite dish is screened from public view by an adequate natural buffer or screen,
the dish is consistent with the surrounding development of the area and the satellite dish does not
create any visual obstruction to adjacent developments or passing vehicular traffic.
3. the satellite dish does not obstruct views from other properties.
4. the satellite dish is anchored to the building or site to withstand the appropriate wind loads as
determined by Council.
5. the satellite dish design, structure and colour are complimentary and sensitive to both the
development to which it is attached or situated and the immediate surrounding properties. In cases
where Council deems it appropriate, a satellite dish will be required to be screened or landscaped in
accordance with Council's requirements.
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5.1.4
Solar Panel
For new buildings that proposed the installation of solar panels on the rooftop or yard areas or where
there is an application for commercial development of a solar panel farm, Council may determine
appropriate setbacks and height conditions specific to the building or site through evaluation of the
impact on adjacent properties and the benefits that may accrue to the community.
5.1.5
Electric Car Recharging Outlets
For new medium and higher density residential developments and new non-residential commercial,
industrial, institutional and other building types, Council shall require the installation of electric car
recharging outlets, and smaller car spaces within a proportion of the proposed site development parking
space requirements.
5.2
ACCESSORY BUILDINGS
5.2.1
Accessory Buildings - General
Definition: ACCESSORY BUILDING (as set out in the Ministers Development Regulations under the Urban
and Rural Planning Act, 2000) includes:
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,
o for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennae,
o for commercial uses, workshops or garages, and
o for agriculture and industrial uses, garages, offices, raised ramps and docks;
General Conditions:
1. Accessory buildings are permitted in residential use class provided the buildings are clearly
incidental and complimentary to the main buildings' character, size and use.
2. Accessory buildings shall not be used for human habitation.
3. The side yard requirements set out in the Use Zone Tables shall apply to accessory buildings
wherever they are located on the lot but accessory buildings on two (2) adjoining properties may be
built to property boundaries provided they shall be of fire-resistant construction and have a
common firewall.
4. Quonset style/steel accessory buildings may only be permitted within the Resource Use Zone.
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5.2.2
Accessory Buildings - Residential Use Classes
Conditions
1. Size of residential accessory building shall be a maximum of 7% of the lot size of 75 m2, whichever is
less; except for the Residential Rural zone where larger accessory buildings may be allowed at the
discretion of Council with consideration of the criteria listed in #10 below;
2. Accessory buildings shall not be located:
a. within 1.2 m from any property boundary and 2.4 m from any building;
b. within any easement area;
c. in front of the building line on the street which the building has its legal civic address.
d. An accessory building on a corner lot may be located in front of the building line on the
flanking yard provided the location does not impede visibility on the flanking street, and the
accessory building is set back a minimum of 7 m from the flanking street.
e. Exception: Council may, at its discretion, allow an accessory building with a floor area less
than 75 m2 to be located in front of the building line provided that:
i.
A public notice has been advertised in accordance with the requirements for
Variances;
i.
The accessory building shall be setback a minimum of 15 m from the front
property line;
ii.
The slope of the lot and/or natural screening effectively blocks the view of the
building from the street and adjoining properties. The placement of the building
must not negatively affect neighbouring properties; and,
iii.
A development application is submitted showing all buildings on the lot including
the proposed accessory building.
3. Accessory buildings shall not be used for commercial or industrial uses on a residential property,
regardless of the use zone in which it is located, unless Council has issued a permit for such use;
4. Repairs to vehicles, other than minor vehicle maintenance, are prohibited in accessory buildings;
5. No truck, bus, semi-trailer, freight container, or other vehicle body shall be used as an accessory
building;
6. No outside storage or display of materials or finished product;
7. Except for minor maintenance, no accessory building will be used for the repairing, painting,
dismantling, or scrapping of vehicles or machinery;
8. An accessory building may be used for a home business as outlined in home business section.
9. Exterior Cladding: With the exception of greenhouses, the exterior cladding of the accessory
building shall match or coordinate with the exterior siding of the main dwelling on the lot and shall
be residential in character.
10. Discretionary Decisions of Council: In making discretionary decisions with respect to accessory
buildings, Council shall consider:
a. The location of the accessory building on the lot;
b. The size of the accessory building compared to the dwelling on the lot and the size of
structures on neighbouring properties;
c. Visibility of the structure from neighbouring properties and/or street;
d. If the accessory building will block a view and/or light from adjoining properties;
e. The use of the accessory building;
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f.
Site conditions, such as topography and the presence of wetlands; and
g. Any other on-site conditions that may warrant Council's considerations.
10. Residential swimming pool: Subject to the following requirements, the swimming pool shall:
a. be located in the rear yard of a residential property;
b. not encroach upon any easement;
c. not be located under any overhead power line;
d. have a minimum setback of two metres (2 m) from any property boundary; and
e. have an area surrounding a swimming pool and pool deck shall be fully fenced to prevent
people, especially children, from unauthorized access to the pool area.
11. Residential Wharf/Boathouse/Slipway/Breakwater:
a. Subject to the following conditions:
i.
Must meet Use Zone Site Development Conditions;
ii.
Appropriate noise and separation measures shall be incorporated into the development to
reduce noise impact on surrounding properties;
iii.
Wharf/Boathouse/Slipway/Breakwater structures shall follow the guidelines for the
Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses.
b. The Applicant must obtain a permit under of the Water Resources Act, 2002 under Section 48
(http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm) for any infilling or dredging work
associated with these structures or other works near or in any body of water prior to the start of
construction. Contact: Manager, Water Rights & Investigations Section - (709) 729-4795.
5.2.3
Accessory Buildings - Non-Residential
General Conditions:
An accessory building associated with a non-residential use shall be permitted, subject to the following
requirements:
1. an accessory building shall be located on the lot so that it has no undesirable impact on the private
enjoyment of adjoining residential lots;
2. the use of an accessory building shall be directly related to the principal use or building on the lot;
3. an accessory building shall not be erected or placed upon any easements;
4. an accessory building shall maintain a minimum side yard and rear yard of 1.2 m;
5. an accessory building shall maintain a minimum separation distance of 2.4 m from the main
building;
6. radio and television antennae shall have a maximum height of fifteen metres (15 m);
7. the exterior siding of an accessory building shall match or be complimentary to the exterior siding of
the principal building on the lot.
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Specific Accessory Buildings:
1. Trailer:
The use of a trailer as an accessory building shall be permitted within the Industrial Light (IL) Use Zone,
subject to the trailer meeting the following conditions:
1. the use of the trailer shall be restricted to storage purposes only;
2. the trailer shall not be used for human habitation;
3. the trailer shall be located in the rear yard of the lot so that it is not visible from the street;
4. the trailer shall not be permitted to be located in a rear yard which abuts a residential or open
space Use Zone;
5. the trailer shall be placed and anchored on the site in accordance with the requirements of
Council;
6. the trailer shall be kept in a good condition aesthetically and structurally; and
7. if, in the opinion of Council, the appearance and structural soundness of the trailer is
unacceptable, the trailer will be required to be removed from the site immediately.
2. Wharf/Boathouse/Slipway/Breakwater:
1. Subject to the following conditions:
a. Must meet Use Zone Site Development Conditions;
b. Appropriate noise and separation measures shall be incorporated into the development to
reduce noise impact on surrounding properties;
c. Wharf/Boathouse/Slipway/Breakwater structures shall follow the guidelines for the
Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses.
2. The Applicant must obtain a permit under of the Water Resources Act, 2002 under Section 48
(http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm) for any infilling or dredging work
associated with these structures or other works near or in any body of water prior to the start of
construction. Contact: Manager, Water Rights & Investigations Section - (709) 729-4795
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6.0 BUILDINGS, LOT SITING AND LANDSCAPING AND SERVICES
6.1
BUILDINGS
6.1.1
Building Orientation
Taking into consideration 4.7.1 regarding building orientation to the street, wherever possible,
development or the siting of a building on a lot should be configured to optimize winter solar exposure
and shall take into consideration street/building layout, shading, landscaping, and on-site parking.
6.1.2
Building Quality
1. Building Materials - All building materials for exterior finish will be subject to approval of Council in
respect to acceptable visual quality and design appearance.
2. Outside Elements - Any outside elements including exposed ductwork, outside air conditioning
units, cooling towers and tanks are subject to the approval of Council in respect to acceptable visual
quality.
6.1.3
Heat Pump, Mini-Split Heat Pump, Air Conditioner, or External Fan
1. A heat pump, air conditioner or external fan should be located
a. in the flanking street side yard or rear yard of the principle building of the lot of property on
which the heat pump, air conditioner or external fan is situated;
b. no closer than 2.4 m from a side lot line of the lot or property on which the heat pump, air
conditioner or external fan is situated; and
c. no closer than 3 m to a door or window of a dwelling on an adjoining lot.
2. Upon receipt of a noise complaint about a heat pump, mini-split heat pump, air conditioner or
external fan unit, the unit shall be inspected and certified to be in appropriate working order by a
company certified to service the equipment. Proof of inspection and certification must be made
available upon request by the Town and at no cost to the Town. If the noise continues and exceeds
the noise level permitted for a heat pump, mini-split heat pump, air conditioner or external fan unit,
the property owner will be required to undertake noise mitigation measures or relocate the unit.
3. A heat pump shall be placed on a concrete base that rests on or in the ground, or equivalent.
4. A mini-split heat pump shall:
a. be located in any yard of the principle building of the lot or property on which the mini-split
heat pump is situated;
b. be attached securely to the principle building of the lot or property on which the mini-split
heat pump is situated as per the manufacturer's specifications, or equivalent, and in a
manner, that prevents any potential vibration of the equipment during operation or
attached securely to a concrete base resting on or in the ground; and
c. not generate noise exceeding 55 dBA at the property boundary. If a mini-split heat pump is
found to be exceeding that limit, noise mitigation measures shall be employed to reduce the
noise level to a maximum of 55 dBA.
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6.1.5
Heritage Building or Structure
Where Council designates a building or structure as a heritage building or structure, no person shall pull
down or demolish the designated heritage building or structure except for life safety reasons or to carry
out a public work, nor shall the exterior of the heritage building or structure be repaired or altered
without the written approval of Council.
6.2
LOT SITING AND LANDSCAPING
6.2.1
Lot Area
1. No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof, such
that:
a. the lot area, frontage, front yard, rear yard, and side yards are less than the minimums
permitted by these Regulations for the zone in which such lot is located, and
b. the lot coverage of all buildings exceeds the maximum permitted by these Regulations for
the zone in which such lot is located.
2. Where any part of a lot is required by these Regulations to be reserved as a yard, it shall continue to
be so used regardless of any change in the ownership of the lot or any part thereof, and shall not be
deemed to form part of an adjacent lot for the purpose of computing the area thereof available for
building purposes.
6.2.2
Lot Size Exceptions
Where, at the time of registration of these Regulations, one or more lots already exist in any residential
zone, with insufficient frontage or area to permit the owner or purchaser of such a lot or lots to comply
with the provisions of these Regulations, then these Regulations shall not prevent the issuance of a
permit by Council for the erection of a dwelling thereon, provided that the lot coverage and height are
not greater than, and the yards and floor area are not less than, the standards set out in these
Regulations.
6.2.3
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.
6.2.4
Lot Frontage on a Public Street
No residential, commercial, industrial, or public building shall be erected on a lot that does not front
directly onto a public street.
6.2.5
Building Line (Frontyard Setback)
1. Council may vary (see 2.4.1) established building lines on an existing or proposed street under 2.4.1
taking into consideration that it:
a. does not create an obstruction to other dwellings on the street;
b. is sympathetic to the location and setback of adjacent buildings;
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c. does not create a safety hazard; and,
d. is not a hindrance to municipal snow clearing or snow storage operations on the street.
2. The building line setback is measured from the front property line;
3. Adequate building setback from roads shall be required in order to maintain road standards,
consider public safety requirements for side/back/front yards; and conform to the existing
development pattern; and, ensure adequate provision is made for light, privacy, and amenity;
4. Setbacks should be sufficient to allow for landscaping of front yards, vehicle off-street parking and
take into consideration Town service obligations, such as, snow clearing;
5. To encourage a more interesting streetscape Council can allow staggered building line setbacks;
6. Council, at its discretion, may allow development to complement existing building setbacks of
adjoining properties by varying the yard requirements after notification of the proposed variance is
given to neighbouring property owners in accordance the section on Variances in these Regulations.
7. If required, the building line as set out in the provincial Building Near Highways Regulation along
any provincial highway, must be adhered to.
6.2.6
Flanking or Corner lots and double fronting lots
In the case of a corner lot, the shortest lot line facing the street shall be the front lot line, and in the case
of double fronting lots or where the lot lines are equal in length, the front lot line shall be determined by
the orientation direction of the majority of adjacent neighbourhood buildings.
6.2.7
Side Yards
An unobstructed side yard shall be provided on the exposed sides of every building in order to provide
access for the maintenance of that building.
6.2.8
Multiple Uses on One Lot
Where two or more different uses may exist in a single building, more than one main building may be
permitted on a single lot, or a single lot may contain more than one permitted use, provided that each
use shall conform to all requirements in these regulations that are applicable to that use. EXCEPTION:
This does not apply to a detached dwelling that is not part of a comprehensive development.
Multiple use may not be permitted where the Authority determines that the proposed use would not be
compatible with existing uses on or adjacent to the lot by reason of safety, amenity, appearance, or
nuisance.
Where more than one main building is developed on a single lot, sufficient area shall be reserved to
satisfy the yard requirements and other allowances outlined in the Use Zone Table applicable to the lot.
These allowances shall be maintained when the adjacent land is developed.
6.2.9
Outdoor Storage
1. Outdoor storage shall not be located in front yards.
2. The Council may require screening from street and other surrounding development.
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3. Open storage shall be maintained with a stable surface to prevent raising or movement of dust, clay,
mud or loose particles.
4. Open storage side yard minimum requirement = 5 m.
5. The Council may, where a development is unsightly or dangerous to health or safety, order the
owner or occupier of the site to remove and dispose of unsightly or dangerous materials or
buildings, or restore the unsightly or dangerous materials or buildings to a more acceptable and
pleasing condition.
6.2.10
Landscaping
6.2.10.1 General Landscaping requirements
1. All areas that are disrupted by construction shall be reinstated by the developer using natural
landscaping with a minimum of topsoil and grass sods. Wherever grass is a requirement for the
development of a lot or space, a minimum topsoil depth of 150 mm will be required for the
planting of grass or the laying of grass sods.
2. Slopes shall have a maximum vertical slope ratio of 2:1 and shall be landscaped with topsoil and
grass sods or hydro seeded as determined by the Engineering Department.
3. Whenever an alternate landscaping treatment is approved by Council and the treatment
includes ornamental gravel, the developer or property owner shall ensure that:
a. an appropriate retaining wall or border is constructed to contain the gravel within the
lot boundaries and along paved driveways, vehicular circulation areas, and parking
areas, and
b. the area between the border and the sidewalk or curb be maintained with grass in
accordance with these Regulations.
4. The landscaping of properties and lots shall be in accordance with any Town Landscaping
Guidelines as adopted by Council.
5. A landscape deposit in the amount to cover the costs of the landscaping of the lot or area may
form a condition of the Development Permit and paid prior to the issuance of the applicable
permit by the Town. The deposit shall be returned upon the successful completion of the
landscaping to the satisfaction of the Town. The amount of the landscape deposit shall be as
outlined in the Landscaping Guidelines as approved by Council.
6.2.10.2 Subdivisions
1. Wherever possible, natural areas should be maintained in their natural state and the destruction of
these natural areas by development shall be minimized. If the natural area is a part of a public open
space area, the developer shall prepare a landscape plan integrating the natural areas with the
portions of the open space area that is to be developed for recreational purposes. The plan will
illustrate the grading relationships between developed and natural areas of the park.
2. Minimum landscaping of the recreational open space area shall be topsoil and grass sods or hydro
seed as determined by the Town.
3. Where it is determined by Council that berming or a swale is required, or that major sloping occurs
within, or outside, the normal boundaries of a lot, it shall be the developer's responsibility to
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landscape the berm, swale or slope with a minimum of grass. A landscape deposit will form a part of
the subdivision agreement to be returned upon the acceptance of the area by the Town
4. The subdivision developer shall landscape all public open space areas that abut landscaped lots prior
to proceeding with another phase within the subdivision development.
6.2.10.3 Residential
1. The front, side, and rear yards of a residential lot shall be landscaped with a minimum treatment of
grass and related natural vegetation, and any variation or alternative landscaping treatment to this
shall be proposed in the form of a landscaping plan prepared by a certified member of a recognized
landscaping organization which is recognized by the Town to offer such landscaping expertise and
service. With the exception of townhome and apartment building lots, the minimum area to be
landscaped in the front yard of a residential lot is 50% unless otherwise determined by Council.
Where a residential property abuts a publicly owned open space snow storage buffer immediately
adjacent to a public road intersection, the entire front yard area, including the buffer located
between the front lot line and the front wall of the dwelling, may be considered in the calculation of
the 50% landscaped front yard requirement subject to the review and approval by Council.
2. The front yard landscaping of row dwellings and apartment building lots will be determined by Town
staff as part of the application and plan review process.
3. A minimum of one tree shall be planted per six metres (6 m) of lot frontage as part of the initial
landscaping feature of the lot, at the discretion of Council.
6.2.10.4 Commercial and Public Use/Institutional
1. The front, side, and rear yards of a commercial lot should be landscaped with a minimum treatment
of grass and related natural vegetation;
2. On every lot, a minimum of one tree should be planted for every eight metres (8 - 9m) of lot
frontage.
3. For smaller lot developments (frontages of 30 m or less), the proposed landscaping should be
indicated on the development application.
4. On larger lots (frontages greater than 30 m), a landscape plan should be required as a condition of
the development and the appropriate amount of landscaping as determined by the Town shall be
illustrated on the landscaping plan.
5. The driveway and all vehicle circulation areas, including parking stalls and parking and shipping areas
in all yards (front, side, and rear), should be paved and curbed.
6.2.10.5 Industrial
1. In the landscaped front yard of an industrial lot, a combination of natural landscaping elements
should be required as part of the development or redevelopment of the lot.
2. The required side and rear yards of an industrial lot should be landscaped with a minimum
treatment of grass and related natural vegetation, and any variation or alternative landscaping
treatment to this requirement should be proposed in the form of a landscaping plan prepared by a
certified member of a recognized landscaping organization which is recognized by Council to offer
such landscaping expertise and service
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3. A landscape plan should be required as a condition of the development and the appropriate amount
of landscaping as determined by the Council be illustrated on the landscaping plan.
4. The driveway and all vehicle circulation areas, including parking stalls and parking and shipping
areas, in all yards in the front, side, and rear yards (with the exception of exterior storage yards),
should be paved with curbing extending from the front of the property up to the limits of the rear
wall of the building.
6.2.10.6 Screening and Landscaping
Council 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, may require the submission of an
application giving details of the landscaping or screening, and these Regulations shall then apply to that
application. The provision of adequate and suitable landscaping or screening may be made a condition
of any Development Permit where, in the opinion of Council, the landscaping or screening is desirable to
preserve amenity, or protect the environment.
6.3
INNFRASTRUCTURE SERVICES
6.3.1
Streets and access to streets
1. A new street may not be constructed except in accordance with and to the design and specifications
established by Council.
2. Access(es) shall be located to the specification of Council so as to ensure the greatest possible
convenience and safety of the street system and Council may prescribe the construction of service
streets to reduce the number of accesses to collector and arterial streets.
3. Where Council has adopted an access plan, the location of accesses to existing and new
developments shall be in accordance with that plan.
4. No vehicular access shall be closer than ten metres (10 m) to the street line of any street
intersection.
5. Access shall be located so that there is no visual obstruction for drivers of vehicles entering or
exiting the development; therefore, to protect sightlines (view) of motorists and pedestrians:
a. All occupied lands within 7 metres of a street intersection shall be kept free of any shrubs,
plants, and trees that will impede the line of vision clear for motorists and pedestrians, and
b. No building or structure shall be permitted to be erected, moved, enlarged, or
reconstructed on any land that is within 7 metres of a street intersection.
6. In order to control access to streets, Council may, by the adoption of an Access Plan:
a. determine the number, location and layout of accesses to a street;
b. require an access to a service street, where direct access to an arterial street is not
desirable;
c. require two or more properties to share a joint access to an arterial street where individual
accesses would not be desirable;
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6.3.2
Services and Public Utilities
Within any Use Zone Council may permit land to be used for the provision of public services and public
utilities if the use of that land is necessary to the proper operation of the public service or public utility
concerned, provided that the design and landscaping of any development of any land so used is, in the
opinion of Council, adequate to protect the character and appearance of the area.
6.3.3
Storm Water Management
1. Land shall be used, and graded in such a manner that run-off from the land or development does
not negatively impact adjoining properties or downstream storm sewer systems, and that all surface
drainage shall be captured on site where feasible using rainwater management techniques in
accordance with the requirements of Council.
2. Where stormwater service is not available, the development shall be required to provide to Council
a stormwater management plan for the site.
3. Where development results in the discharge of storm water into a wetland, waterbody, or
watercourse, such discharge shall be designed to minimize any environmentally detrimental effects
on the receiving water or watercourse, and shall be designed and constructed in accordance with
the requirements and conditions of Council.
4. Council may require that large paved parking areas prepare a storm water discharge plan, and
provide for oil interceptor plate technology within the catchment's system to filter oil and other
petrochemical residue that originates from the on-site parking areas.
5. Maintenance program items for the storm sewer system may include the following items:
Annual catch basin cleaning;
Flushing of lines;
Manhole inspection and repairs;
Clearing debris from large diameter culverts, outfalls, and overflow structures;
Ditch cleaning and maintenance in unenclosed storm water systems; and
Record keeping of maintenance programs shall be completed.
6. Consideration should be given to green approaches to stormwater management as outlined in
Section 9.
7. In order to minimize the effects of stormwater increases from land development Council may
require landowners and developers to move towards a 'no new net flow' of stormwater from land
development sites by pursuing the following indicative actions:
a. Retain and/or detain stormwater on site;
b. Take advantage of the topography to maintain natural drainage, for example, retaining
natural depressions in the landscape, or to construct new detention ponds, to collect and
store runoff and promote soil infiltration;
c. Minimize impervious surfaces on site by reducing pavement area, using porous paving
materials, etc.;
d. Reduce runoff through measures such as capturing roof drainage in rain barrels and
channeling runoff to gardens and low-lying areas;
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e. Plant additional trees and vegetation if existing vegetation is not deemed adequate to
promote soil infiltration and capture sediments;
f.
Maintain a vegetated buffer between stormwater drainage outlets and watercourses to
promote infiltration and minimize direct discharges into the watercourses; and/or
g. Re-establish vegetative cover as rapidly as possible in drainage ditches and other areas
disturbed by construction activity.
6.3.4
Effluents
1. Liquid or Semi-Solid Industrial Drainage No liquid or semi-solid industrial waste or effluent shall be
discharged on the surface or into the ground, and no water borne industrial waste or effluent shall
be discharged into the surface drainage ditches or sanitary sewers unless the chemical and/or
biological content is acceptable to Council or authorities having jurisdiction.
2. Any effluent or runoff leaving the site will be required to conform to the requirements of the
Environmental Control Water and Sewage Regulations, 2003.
6.3.5
On-Site Services (Wells and onsite sanitary sewer systems)
Approvals involving installation of on-site water and sewer systems must be obtained from Service N.L.
6.3.6
Environmental Investigations
Approvals for any development that may have an environmental impact must be referred to
Environmental Investigations, Service NL, Pasadena and/or the Pollution Preventions Division,
Department of Municipal Affairs and Environment.
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7.0 OFF-STREET LOADING, PARKING AND SIGNS
7.1
OFF-STREET LOADING REQUIREMENTS
1. Where Council deems necessary, for every building, structure or use requiring the shipping, loading
or unloading of animals, goods, wares or merchandise, one or more loading spaces will be provided
and maintained on the lot measuring at least 15 metres long and 4 metres wide with a vertical
clearance of at least 4 metres. The space will have direct access to a public street or to a driveway of
a minimum width of 6 metres that connects to a public street.
2. The number of loading spaces to be provided will be determined by Council.
3. The loading spaces required by this Regulation will be designed so that vehicles can manoeuvre clear
of any street and so that it would not be necessary for any vehicle to reverse onto or from a street.
7.2
PARKING
7.2.1
Parking Area Standards
1. For every building, structure or use to be erected or enlarged, there shall be provided and
maintained a quantity of off-street parking spaces sufficient to ensure that the flow of traffic on
adjacent streets is not impeded by on-street parking of vehicles associated with that building,
structure or use.
2. Each parking space, except in the case of a detached or attached dwelling, will be made accessible
by means of a right-of-way at least 3 metres wide.
3. Residential parking spaces shall be provided on the same lot as the dwelling or dwellings.
4. Non-residential parking spaces shall be provided not more than 200 metres distant from the use for
which the parking is required.
5. No regular parking of commercial vehicles or trailers except for vehicles with a gross weight of no
greater than one tonne will be permitted.
6. Parking space for apartment buildings will be provided in the rear yard where possible.
7. Non-residential parking spaces shall be provided not more than 200 metres distant from the use for
which the parking is required.
8. The parking facilities required by this Regulation will, except in the case of detached or attached
dwellings, be arranged so that it is not necessary for any vehicle to reverse onto or from a street.
9. Where Council permits parking perpendicular to the curb, the minimum dimensions of each parking
stall will be as follows:
Parking stall width
2.5 metres
Parking stall length or depth
5.5 metres
Aisle width separating opposite parking
7.0 metres
Aisle width separating a stall from
7.0 metres
Driveway width
7.0 metres
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10. Where Council permits parking horizontal to the curb, the minimum length of the stall will be 7.00
metres and the aisle width will be at least 4 metres, or more if deemed necessary by Council.
11. For any other parking lot configuration, the requirements shall as be as specified by Council, but in
no instance, shall the requirements be less than that specified for perpendicular parking spaces.
12. Other requirements for parking areas are as follows:
a. The parking area will be constructed and maintained to the specifications of Council,
b. Lights for illumination of the parking area will be arranged so as to divert the light away
from adjacent development,
c. Except on a service station or industrial lot, no gasoline pump or other service station
equipment will be located or maintained in a parking area,
d. No part of any off-street parking area will be closer than 1.5 metres from the front lot
line in any zone,
e. Where Council deems that strict application of the parking requirements is impractical
or undesirable, Council may as a condition of a permit require the developer to pay a
service levy in lieu of the provision of a parking area, and Council will use the full
amount of the levy for the provision and upkeep of alternative parking facilities within
the vicinity of the development.
13. Where, in these Regulations, a parking area for more than four vehicles are required or permitted:
a. a parking area and an adjoining driveway shall provide drainage, lighting, curbs, and
landscaping in accordance with requirements of Council.
b. 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;
c. no part of any off-street parking area shall be closer than two metres (2 m) to any lot
line in any zone;
d. access to a parking area in non-residential zones shall not be by way of residential
zones;
e. where a parking area is in or abuts a residential zone, a natural or structural barrier at
least one metre (1 m) in height shall be erected and maintained along all lot lines;
14. Where, in the opinion of Council, strict application of the above parking requirements is impractical
or undesirable, Council may, as a condition of a permit, require the developer to pay a service levy in
accordance with these Regulations in lieu of the provision of a parking area, and the full amount of
the levy charged shall be used by Council for the provision and upkeep of alternative parking
facilities within the general vicinity of the development.
7.2.2
Parking Development Plans
Council may exempt or change all the off-street parking required under Section 7.1 for a designated
area, provided the development within the designated area is controlled by a Comprehensive Planned
Development.
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7.2.3
Off-Street Parking Requirements
1. The off-street parking requirements for are set out in the following table, and for those uses not
indicated, then the parking and off-loading requirements are at the discretion of Council. In the case
of developments that include more than one use or development, these standards shall be regarded
as cumulative.
2. Adequate off-street provision for the drop-off and pick-up of persons will be provided on the same
lot as the development unless otherwise stipulated by Council.
3. The number of spaces to be provided for off-street parking will be in accordance with the following
table.
USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT (m2=square metres)
Amusement
One space for every 15 m2 of gross floor area
Animal Grooming
One parking space for every 20 m2 of gross floor area
Apartment Building
Three spaces for every two dwelling units
Automotive Sales
In addition to the parking spaces required for the principal building,
one parking space for every 20 vehicles of capacity for sales display
at the automotive sales lot
Bakery
One parking space per 15 m2 of net floor area
Bank
One parking space per 15 m2 of net floor area
Bank - Drive through
One parking space per 15 m2of net floor area
Bar (night club)
One parking space for every 5 m2 of seating area
Bed and Breakfast
One parking space per guest room in addition to the two spaces for
the dwelling unit
Car Wash
One parking space per washing bay and one parking space for each
30 m2 of office space
Clinic
Three parking spaces per examining room
Club and Lodge
One space for every 3 persons that may be accommodated at one
time
Commercial Garage
One parking space per 30 m2 of net floor area (parking provision for
the storage of new and used vehicles for sale shall not be counted
towards this requirement)
Convenience Store
One space for every 20 m2 of gross floor area
Public Gathering Places
One space for every 60 m2 of gross floor areas
Day Care-non-residential
One space for every 30 m2 of gross floor area
Day Care-residential
One parking space per 30 m2 of net floor area
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USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT (m2=square metres)
Double Dwelling
Two spaces for every dwelling unit
Dry Cleaning
One parking space per 30 m2 of net floor area
Educational
Schools - 2 spaces for every classroom; Further education - 1 space
for every 5 persons using the facilities (students, faculty and staff)
Funeral Home
One parking space for every 5 m2 of gross floor area used by visitors
Furniture & Appliance
One parking space for every 50 m2 of gross floor area
General Industry
One parking space for every employee
General Service
One space for every 25 m2 of gross floor area
Hazardous Industry
One parking space for every employee
Health Club
One parking space for every 20 m2 of gross floor area
Hotel
One parking space for every 3 sleeping units plus one parking space
for every 15 m2 of banquet seating area
Light Industry
As specified by Council but not less than one space per 50 m2 of
gross floor area or 5 parking spaces, whichever is greater
Medical and Professional
One space for every 25 m2 of gross floor area
Medical Treatment and Special
Once space per 22 square metres of suite or ward area
Mobile and Mini Homes
Two spaces for every dwelling unit
Office
One space for every 30 m2 of gross floor area
Personal Service
One space for every 25 m2 of gross floor area
Public Gathering Place-Indoor
One space for every 6 seats; or one space for every 15 m2 of gross
floor area
Regional Institutional Use
One parking space for every 10 spectators that may be
accommodated at one time
Restaurant
One parking space for every 5 m2 of seating area
Restaurant - Drive Through
One parking space per 5 m2 of seating space
Restaurant -Take-out
One space for every 25 m2 of gross floor area
Retail
One space for every 20 m2 of gross floor area
Row Dwelling
Two spaces for every dwelling unit
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USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT (m2=square metres)
Service Station
One space for every 20 m2 of gross floor area
Shopping Centre
One space for every 20 m2 of gross floor area
Detached Dwelling
Two spaces for every dwelling unit
Sport & Recreation facility
Three parking spaces for every 5 patrons of the facility at maximum
capacity
Subsidiary Apartment
One parking space for every dwelling unit
Townhouse
1.5 spaces for every dwelling unit
Veterinary
One space for every 25 m2 of gross floor area
7.2.4
Designated Mobility Impaired Parking Spaces
For any development where parking spaces for person with disabilities are required pursuant to the
Buildings Accessibilities Regulations under the Building Accessibility Act, 1990 (Newfoundland and
Labrador), such spaces shall be provided on the basis of one (1) parking space per lot or four percent
(4%) of the total number of required parking spaces provided on the lot, whichever is greater, and such
parking space or spaces shall be designated and marked in accordance with the Designated Mobility
Impaired Parking Regulations under the Highway Traffic Act, 1990 (Newfoundland and Labrador) and
the Buildings Accessibilities Act, 1990.
7.3.
SIGNS (ADVERTISEMENTS)
7.3.1
Permit Required
No sign or advertisement shall be erected or displayed in the Planning Area unless a permit for the
advertisement is first obtained from the Authority, except for those signs that are exempt from control
as listed in the following provision.
7.3.1.1
Signs/Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without application to
the Authority:
a. on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m² in area;
b. on an agricultural holding or farm, a notice board not exceeding 1 m² in area and relating to the
operations being conducted on the land;
c. on land used for forestry purposes, signs or notices not exceeding 1 m² in area and relating to
forestry operations or the location of logging operations conducted on the land;
d. on land used for mining or quarrying operations, a notice board not exceeding 1 m² in area relating
to the operation conducted on the land;
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e. on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 m² in area in
connection with the practice of a professional person carried on in the premises;
f.
on any site occupied by a church, school, library, art gallery, museum, institution or cemetery, one
notice board not exceeding 1 m² in area;
g. on the principal facade of any commercial, industrial or public building, the name of the building or
the name of the occupants of the building, in letters not exceeding one-tenth of the height of that
facade or 3 m, whichever is the lesser;
h. on any parking lot, directional signs and one sign not exceeding 1 m² in size, identifying the parking
lot.
7.3.1.2
Provincial Highway Sign Regulations, 1996 (under the Urban and Rural Planning Act, 2000)
Permit for erection or display of advertisement on Provincial Highways shall be obtain from the
Government Service Centre.
7.3.1.3
Application for Permit
Application for a permit to erect or display an advertisement shall be made to the authority in
accordance with the requirements for a development permit as set out in the Administration Section.
7.3.1.4
Signs/Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any highway or street
reservation.
7.3.1.5
Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement shall be for a
limited period, not exceeding two years, but may be renewed at the discretion of the Authority for
similar periods.
7.3.1.6
Removal of Signs/Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the removal of any
advertisement which, in its opinion, is:
a. hazardous to road traffic by reason of its siting, colour, illumination, or structural condition, or;
b. detrimental to the amenities of the surrounding area.
7.3.1.7
Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply with the
appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these
Regulations.
7.3.1.8
Non-Conforming Uses
A permit may be used for the erection or display of signs or advertisements on a building or within the
courtyard of a building or on a parcel of land, the use of which is a non-conforming use, provided that
the advertisement does not exceed the size and type of advertisement which could be permitted if the
development was in a Use Zone appropriate to its use, and subject to any other conditions deemed
appropriate by the Authority.
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7.3.2
SIGN STANDARDS FOR SPECIFIC ZONES
The following limitations on size and placement of signs apply to all residential zones:
7.3.2.1
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied by a permitted
use or a legal non-conforming use shall be as follows:
a. The size, shape, illumination and material construction of the advertisement shall meet the
requirements of Council, having regard to the safety and convenience of users of adjacent
streets and sidewalks, and the general amenities of the surrounding area.
b. No advertisement shall exceed 1.5 m2 in area.
c. Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not be
allowed in the residential area.
7.3.2.2
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a use permitted in
this or another zone, or not relating to a specific land use, shall be as follows:
a. No advertisement shall exceed 1.5 m2 in area.
b. When the advertisements relate to a specific land use, they shall be located within a reasonable
distance of, and only show thereon the name and nature of the distance or direction to, the
premises to which they relate.
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8.0 SUBDIVISION OF LAND
8.1
SUBDIVISION STANDARDS
Note that the conditions and standards related to services as outlined in section 6.3 also apply to
subdivisions, as appropriate.
8.1.1
Subdivision Standards apply
The provisions in this Section of the Development Regulations apply each of the following:
The subdivision of land under single ownership into two or more lots, including the residual lot,
Construction, upgrading, or extension of a public street, and
Extension or upgrading of the municipal water and sewer system.
8.1.2
Subdivisions standards do not apply
The requirements of this Part shall not apply to the following:
1. Where the parcel being created is to be used solely for the unattended equipment necessary for:
a. the operation of community water, storm or sanitary sewer systems;
b. public utilities, including electrical substations or generating stations;
c. air or marine navigational aids;
d. any other similar public service or utility (including wind turbine 'farms');
2. Public institutional uses, including cemeteries;
3. Resource uses set out in the resource zone;
4. Conservation, open space, park uses;
5. Minor subdivisions of four (4) or fewer lots which do not require new public or private road
construction or the installation of utility infrastructure or water and sewer services (other than
private connections; these must comply with the development standards associated with the Use
Zone).
8.1.2
Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of the subdivision
is first obtained from Council.
No provision in a will that purports to subdivide land is of any effect to subdivide that land contrary to
these Regulations.
8.1.3
Public Notice
Council shall at a minimum, at the applicant's expense, publish a notice in a newspaper circulating in the
area of the application and consider any representations or submissions received in response to that
advertisement.
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8.1.4
Form of Application
Application for a permit to develop a subdivision shall be made to Council in accordance with the
requirements for submitting and application in Administration Section.
8.1.5
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on the
Zoning Maps.
Residential subdivision proposals of ten (10) lots and more are intended to utilize the varied lot sizes for
the RLD zone.
Residential subdivision proposals of less than ten (10) lots will not be bound by the outlined percentile
proportion of varied lots except that at least one lot from each of the varied 465 m2, and 560 m2 lot size
parcels listed in the RLD zone must be included within the proposed residential development.
8.1.6
Subdivision Permit Subject to Considerations
A permit shall not be issued when, in the opinion of Council, the development of a subdivision does not
contribute to the orderly growth of the Town, creates unsustainable economic long-term burden for
maintenance, or does not demonstrate sound design principles.
In considering an application, Council shall, without limiting the generality of the foregoing, consider the
requirement set out in 2.2.2:
the location of the land;
the availability of and the demand created for schools, services, and utilities;
the provisions of the Municipal Plan and Regulations affecting the site;
the land use, physical form, and character of adjacent developments;
the transportation network and traffic densities affecting the site,
connectivity: access by road or trails to adjacent lands;
integration with adjacent neighbourhoods;
the relationship of the project to existing or potential sources of nuisance;
soil and subsoil characteristics;
the topography of the site and its drainage;
natural features such as lakes, streams, topsoil, trees and shrubs and potential environmental
effects with respect to watercourses, wetlands, steep slopes, drainage patterns, storm water
generation and control, and loss or fragmentation of habitat,
prevailing winds;
visual quality, including landscaping, tree retention/replacement;
community facilities;
parks and open space;
municipal costs/benefits related to the provision and maintenance and future replacement of
roads, other infrastructure, and municipal services;
energy conservation;
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housing affordability;
efficient use of land; and,
such other matters as may affect the proposed development.
Where Council determines that further information is needed which requires a professional technical
assessment (i.e., environmental, geotechnical, drainage, etc.), the work shall be conducted by a
qualified professional registered in the Province of Newfoundland and Labrador who will provide a
certified report and recommendations at the expense of the applicant.
Proposed developments shall be compatible with the existing character of the neighbourhood and
adjacent buildings, and in accordance with these Regulations.
Where parcels overlap the Municipal Planning Area boundary, a referral to the adjacent regulatory
authority is required.
8.1.7
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until Council is satisfied that:
the lot can be serviced with satisfactory water supply and sewage disposal systems,
satisfactory access to a street is provided for the lots, and
the lot meets the minimum development standards for the Use Zone in which the lot is located.
8.1.8
Building Permits Required
Notwithstanding the approval of a subdivision and a permit to subdivide land by Council, a separate
building permit shall be obtained for each building proposed to be erected in the area of the subdivision,
and no building permit for any building in the area shall be issued until the developer has complied with
all the provisions of these Regulations with respect to the development of the subdivision.
8.2
SUBDIVISION PERMIT REQUIREMENTS
8.2.1
Subdivision Development Agreement
Where Council has determined that a subdivision development agreement is a condition of a permit for
the subdivision development, the subdivision development agreement shall meet the conditions of
Development Agreements as set out in the Administration Section.
8.2.2
Municipal Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions satisfactory to Council
have been made in the application for a supply of drinking water, a properly designed sewage disposal
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system, and a properly designed storm drainage system so as not to affect adjoining and nearby
properties.
8.2.3
Private Well Water Source: Groundwater Supply Assessment and Reporting
A groundwater assessment report shall be required to be completed and submitted by the subdivision
applicant to the Town as part of the subdivision approval process where a minimum sized subdivision is
to be serviced by individual wells.
The Groundwater Assessment Report must be prepared in accordance with the Department of
Municipal Affairs and Environment's Groundwater Supply Assessment and Reporting Guidelines for
Subdivisions Serviced by Individual Private Wells and submitted to the Water Resources Management
Division for review and approval.
Number
of Lots
Groundwater Assessment Requirement
Number of Test Wells
Level 1
Level 2
2-4
No-but may be required if site
has history of ground water
quality and quantity issues
No
0
5-15
Yes
may be required if site has
history of ground water
quality and quantity issues
may be required if site has
history of ground water
quality and quantity issues
16-30
Yes
Yes
1
31-45
Yes
Yes
2
46-60
Yes
Yes
3
61-75
Yes
Yes
4
75-90
Yes
Yes
5
91-105
Yes
Yes
6
8.2.4
Fees and Service Levies
8.2.4.1
Subdivision Fees
The applicant may be required to pay a subdivision application fee as determined by Council at the time
of submitting a Development Application to subdivide.
The subdivision application fee may be calculated on a per-lot basis for every lot created by the
subdivision of land. This fee may be calculated in addition to any other fee required under the regulation
addressing Development Charges.
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8.2.4.2
Service Levies
The applicant shall be required to pay all service levies and local improvement assessments
identified by Council for connection to services, utilities, streets, and for the construction or
improving of capital works funded by Council or under Council's direction which benefit and
accommodate the development or subdivision.
The service levies or local improvements assessments will be paid in such amount and in such
form as determined by Council as a condition of permit or as a condition of a Development
Agreement to subdivide land and such payment will be agreed upon prior to construction
occurring on the land.
Refer to Section 2.6.3 regarding financial guarantees and Section 2.6.4 for criteria to be used
when setting service levies.
This section shall not affect any outstanding levies and/or assessments that were determined
prior to the enactment of these Regulations.
The applicant shall pay the cost of all capital works necessary to serve the proposed
development or subdivision.
8.2.4.3
Deposit of Securities
As a condition of a permit to develop a subdivision and as part of a Development Agreement to
subdivide, the applicant shall deposit with the Town a security to cover the cost of all the subdivision
improvements and completion thereof. These securities shall be payable after approval by Council and
before issuance of a construction permit under these Regulations.
8.2.4.4
Land for Public Open Space
Before a development commences, the developer shall, if required, dedicate to Council, at no cost to
the Town, an area of land equivalent to (10%) of the gross area of the subdivision for public recreational
open spaces, subject to the following requirements:
where land is subdivided for any purpose other than residential use, Council shall determine the
percentage of land to be dedicated;
if, in the opinion of Council, no public open space is required, the land may be used for such other
public use as Council may determine;
the location and suitability of any land dedicated under the provisions of this Regulation shall be
subject to the approval of Council but in any case, Council shall not accept land which, in its opinion,
is incapable of development for any purpose;
Council may accept from the developer, in lieu of such area or areas of land, the payment of a sum
of money equal to the value of the land which would otherwise be required to be dedicated; and,
this money received by the Authority (above), shall be reserved by the Town for the purpose of the
acquisition or development of land for public open space or other public purpose.
Land dedicated for public use in accordance with this Regulation shall be conveyed to the Town and may
be sold or leased by Council for the purposes of any development that conforms with the requirements
of these Regulations, and the proceeds of any sale or other disposition of land shall be applied against
the cost of acquisition or development of any other land for the purposes of public open space or other
public purposes.
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8.2.4.5
Tree retention and replanting
For the purposes of this regulation, a 'significant tree' means a tree having a caliper of 20 centimetres
or greater as measured at a height of 1.5 metres above ground level; and a 'stand of trees' refers to
retention of cluster of trees along the property line edges of development sites, as a component of park
space, as an element of newly constructed on-site pedestrian walking trails, or as a shade and natural
area in the rear year of development sites.
Subdivision and/or rezoning applicants are to submit tree retention and replanting proposals for
Council's consideration at time of submission of the development application. When reviewing a
subdivision application, except for building envelope, driveway and servicing/ utility locations, Council
will strive to retain significant trees and clusters of trees on-site. Land developments for new building
lots are to maintain buffers of natural trees and other vegetation, or to plant new trees and install other
approved landscape features, wherever feasible as determined by the Town, along the rear portion of
properties. Where retention is not proposed, tree replanting, in addition to street tree planting, is to
occur
Lot grading plans will need to consider the land contours of the site to retain trees.
Two street trees for each new residential lot should be provided at a minimum spacing of 9.0 metres at
the frontage of all newly developed lots. The street trees should to be a minimum height of 1.5 metres
at time of planting, and are to be trees of native species to NL with root systems that are not invasive to
in-ground infrastructure systems and roads.
The Town will review and refine the street tree replanting policies following initial implementation.
Council may choose to defer subdivision and/or rezoning proposals that entail cutting and removal of
trees on a proposed development site prior to submission of a development application, on the basis
that the applicant provide to the Town a comprehensive tree replanting scheme.
Where extensive tree cutting and removal occurs on property that is not subject to a current subdivision
or rezoning application, Council may choose to defer any future application for development on the
subject site until the property owner/applicant has submitted a proposal to replant substantial
replacement trees on the subject lands.
8.3
SUBDIVISION DESIGN STANDARDS
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the following standards:
1. The finished grade of streets shall not exceed ten percent (10%).
2. The plan should indicate which streets are classified as arterial, collector or service (local) roads.
3. Every cul-de-sac shall be provided with a turning circle of a diameter of not less than thirty metres
(30 m).
4. The maximum length of any cul-de-sac (or dead-end street) shall be:
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a. two hundred metres (200 m) in areas served by, or planned to be served by, municipal
piped water and sewer services;
b. three hundred metres (300 m) in areas not served by, or planned to be served by,
municipal piped water and sewer services;
c. all cul de sac water mains will be connected to a water main on an adjoining street or
will be looped back to ensure continuous water flow and prevent stagnant water at the
end of dead-end pipes.
5. Emergency vehicle access to a cul-de-sac shall be not less than three metres (3 m) wide and shall
connect the head of the cul-de-sac with an adjacent street.
6. No cul-de-sac shall be located so as to appear to terminate a collector street.
7. New subdivisions shall have street connections with an existing street or streets.
8. All street intersections shall be constructed within 5o of a right angle and this alignment shall be
maintained for thirty metres (30 m) from the intersection.
9. No street intersection shall be closer than forty metres (40 m) to any other street intersection.
10. No more than four streets shall join at any street intersection.
11. No residential street block shall be longer than four hundred and ninety metres (490 m) between
street intersections.
12. Streets in residential subdivisions shall be designed in accordance with the approved standards of
Council, but in the absence of such standards, shall conform to the following minimum standards:
Type of Street
Street
Reservation
Carriageway or
Pavement
Width
Sidewal
k Width
Sidewalk
Number
Arterial Streets
30 m
15 m
1.5 m
1
Collector Streets
20 m
15 m
1.5 m
1
Local Residential Streets
where more than 50% of the units are
detached or semi-detached dwellings
15 m
9 m
1.5 m
1
where 50% or more of the units are
row houses or apartments
18-20 m
9 m
1.5
1
Service Streets
9 m
1.5
1
13. No lot intended for residential purposes shall have a depth exceeding four times the frontage.
14. Subdivision review shall determine that the Developable Area of each proposed lot shall be a
minimum of 150.0 m2, and not including any site area required for the development setback.
15. Residential lots shall not be permitted which abut a local street at both front and rear lot lines.
16. Development will have frontage on a publicly maintained road;
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17. Council may require any existing natural, historical or architectural feature or part thereof to be
retained when a subdivision is developed.
18. Land shall not be subdivided in such a manner as to prejudice the development of adjoining land.
19. Front Yard/Building Lines: Council may establish front yard/building lines for any subdivision street
and require any new building to be located on such building lines.
8.4
SUBDIVISION ENGINEERING STANDARDS
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the requirements established by Council and the "Municipal
Engineering Subdivision Standards" as approved by Council.
8.4.1
Engineer to Design Works and Certify Construction Layout
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers, and all
appurtenances thereto and all streets, paving, curbs, gutters and catch basins, and all other utilities
deemed necessary by Council to service the area proposed to be developed or subdivided shall be
designed and prepared by or approved by the Manager of Engineering Services. Such designs and
specifications shall, upon approval by Council, be incorporated in the plan of subdivision.
Upon approval by Council of the proposed subdivision, the Manager of Engineering Services shall certify
all work of construction layout preliminary to the construction of the works and thereupon the
developer shall proceed to the construction and installation, at the developer's own cost and in
accordance with the approved designs and specifications and the construction layout certified by the
Manager of Engineering Services, of all such water mains, hydrants, sanitary sewers, and all
appurtenances and of all such streets and other works deemed necessary by Council to service the said
area.
8.4.2
Developer to Pay Engineer's Fees and Charges
The developer shall pay to Council all the Engineer's fees and charges for the preparation of designs and
specifications and for the layout and supervision of construction; such fees and charges being
percentages of the total cost of materials and labour for the construction and installation of all works
calculated in accordance with the Schedule of Fees recommended by the Association of Professional
Engineers and Geoscientists of Newfoundland and Labrador and in effect at the time the work is carried
out.
8.4.3
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks, and paving specified
by Council as being necessary, may, at Council's discretion, be deferred until a later stage of the work on
the development of the subdivision but the developer shall deposit with Council, before approval of the
application, an amount estimated by the Manager of Engineering Services to be reasonably sufficient to
cover the cost of construction and installation of the works. In the later stage of the development,
Council shall call for tenders for the construction and installation of the works, and the amount so
deposited by the developer shall be applied towards payment of the contract cost. If the contract cost
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exceeds the deposit, the developer shall pay to the Town the amount of the excess. If the contract price
is less than the deposit, the Town shall refund the amount by which the deposit exceeds the contract
price. Any amount so deposited with the Town by the developer shall be placed in a separate savings
account in a bank and all interest earned thereon shall be credited to the developer.
8.4.4
Construction of Utilities
Within any street reservation, the placing of any utility structure or service such as a hydro pole,
telephone pole, underground hydro service boxes, internet or cable services, Canada Post group mail
boxes, fire hydrant, fire alarm or sign post, shall receive the prior approval of the Authority with regard
to the proposed location of utilities, safe construction, required easements and the relationship to other
structures within the street reservation and to adjoining buildings.
Placement of hydro transmission poles within the front yard street corridor of new residential
subdivisions is not encouraged; such utility poles should be sited within a rear yard easement area in the
design of new residential subdivisions of ten (10) lots and more, or provide the new residential lots with
buried underground power and utility services.
8.4.5
Structures in Street Reservation
No structures shall be placed within any street reservation of any structure (e.g., a utility pole, bus
shelter, fire hydrant, mail box, fire alarm, school bus shelter, sign post) without prior approval of Council
which shall take into consideration safety considerations, such as, sight lines, obstructions, safe
construction, and the relationship of the structure to the adjoining buildings and other structures within
the street reservation, and relationship to the movement of vehicles and pedestrians.
8.4.6
Transfer of Streets and Utilities to Council
The developer shall, following the approval of the subdivision of land and upon request of Council,
transfer to the Town, at no cost to the Town, and clear of all liens and encumbrances:
all lands in the area proposed to be developed or subdivided which are approved and
designated by Council for public uses as streets, or other rights-of-way, or for other public use;
and
all services or public works including streets, water supply and distribution, and sanitary and
storm drainage systems installed in the subdivision that are normally owned and operated by
Council.
Before Council shall accept the transfer of lands, services, or public works of any subdivision, the
Manager of Engineering Services shall, at the cost to the developer, test the streets, services and public
works installed in the subdivision and certify satisfaction with their installation.
Council shall not provide maintenance for any street, service, or public work in any subdivision until such
time as such street, service, or public work has been transferred to and accepted by Council.
8.4.7
Mini/mobile home park subdivision
The minimum size of parcel for a Mini/mobile home subdivision/park is 2 hectares.
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Where municipal services are not provided, the maintenance of the services is the shared
responsibility of the members of the park.
A development application for a mini/mobile home subdivision/park shall provide the same
information as a set out this Part for major subdivisions.
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9.0 DEVELOPMENT DESIGN GUIDELINES
9.1
PURPOSE AND APPLICATION
9.1.1
Purpose
The Development Design Guidelines outline additional requirements to the requirement of the
Development Application as outlined in Section 2.2. The purpose of the Development Design Guidelines
is to support the goals of the Town of Pasadena of building liveable neighbourhoods by enhancing the
visual appearance of the neighbourhood and incorporate Smart Growth principles into the design of
new development. The intent is to promote orderly and compatible development by implementing a
high standard of attractive and functional building design.
The objective is to provide design guidelines that:
1. Provide criteria to achieve a high standard of building design, land use compatibility and site
aesthetics that promote neighbourhood cohesiveness;
2. Encourage development scheme proposals for the Comprehensive Residential Development Areas
to provide a mix of housing forms, choices, densities and affordability for residents of all ages;
3. Integrate the proposed Comprehensive Residential Development Areas in a manner that is cohesive
with the existing community and the future objectives of the Town;
4. Ensure a high standard of neighbourhood aesthetics, such as landscaping, planting of trees, creation
of open spaces, providing pedestrian mobility, minimizing site signage;
5. Facilitate more fiscally sustainable forms of residential development through efficient growth
patterns;
6. Promote a neighbourhood environment that focuses on social interaction and pedestrian mobility;
7. Encourage residential development densities that can support community commercial land uses
over the long term;
8. Reinforce the rural atmosphere of Pasadena by extensive use of landscaping and general 'greening'
of both residential commercial sites and protecting the local sense of place by retaining natural
features and vegetation, facilitating the traditional mixed age community by allowing for the needs
of all ages, and maintaining local history through the use of architectural design elements;
9. Facilitate pedestrian street-friendly scale neighbourhood commercial development by reducing
building setbacks to property lines, bringing stores closer to the street, providing for more shade
areas, rest benches and amenity areas, creating more streetscape visual appeal, and making parking
lot areas safer.
9.1.2
Application
These design guidelines will apply to residential, commercial, and industrial existing zones and the
comprehensive development areas for each of these land use categories.
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1. The guidelines identify general design criteria for specific types of new developments. These form a
basis for Council review and consideration of building development proposals, prior to approval of a
development permit or providing 'approval in principle, or allowing any site construction;
2. At the discretion of Council, certain design guidelines may be waived;
3. In the event of a conflict between the Development Design Guidelines and the requirements a Use
Zone Table of the Development Regulations, the Use Zone Table requirements shall take
precedence.
4. Council may require an applicant to include an assessment for compliance with the Development
Design Guidelines as a component of the application. In addition to the development application
information required with the development application, these may include:
a. Comprehensive Development application, including principal and accessory buildings siting,
parking configuration, unenclosed storage and landscaped areas;
b. Building form details, including façade and design appearance, and building elevation
drawings;
c. Site landscape plan;
d. Signage detail; and,
e. Development design approval process.
9.1.3
Crime Prevention Through Environmental Design
Crime Prevention Through Environmental Design (CPTED) is defined as a multi-disciplinary approach to
deterring criminal behaviour and nuisance activity through environmental design. CPTED strategies rely
upon the ability to deter crime and nuisance activity through proper design, effective use and
maintenance of our communities.
The following guidelines should be considered for all development in the Town of Pasadena. They are
organized under the five principles of CPTED: Natural Surveillance, Wayfinding and Access, Public and
Private Property Maintenance, and establishing Territoriality/Ownership.
I.
PRINCIPLE: NATURAL SURVEILLANCE: Natural surveillance is "informal surveillance" by
members of the community as they go about their everyday lives.
Guidelines:
-
Avoid strict separation of land uses that may result in physical or temporal "dead zones" where
there is little activity or signs of human presence.
Ensure a compatible mix of uses that attracts people throughout the day and night.
-
Balance the natural inclination for certain challenging uses (i.e., some bars or nightclubs) to
cluster together with the need for a range of users in the area. Avoid a critical mass of
challenging uses that may drive other uses elsewhere.
-
Locate activity generators and/or seating and opportunities for overlook around edges to create
opportunities for natural surveillance of open spaces, plazas, parks or important pedestrian
thoroughfares.
-
Orient buildings and incorporate fenestration (windows, entrances, doors, balconies, patios,
etc.) to overlook public, semi-private and shared open spaces and to allow informal, natural
surveillance.
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-
Enhance building design at street level to create an attractive, comfortable and safe interface
with the public realm.
Building design that ensures opportunities for overlook of public and semi-private spaces.
-
Provide clear sightlines from within buildings to the entryways so occupants can clearly see
outside before leaving the building. Design front entries so they don't create entrapment areas
that are not visible from indoors. Design strong pedestrian connections between buildings and
spaces. Building massing and site design should emerge from the movement of pedestrians
through and within the site.
-
Provide clear sightlines at intersections and between key public places and adjacent uses. Avoid
blind spots.
-
Allow for informal surveillance of public and semi-public spaces while ensuring privacy for
residents.
-
Incorporate and locate lighting to allow for surveillance, particularly around building entrances
and parking facilities. Ensure lighting design provides even light and avoids shadows and glare.
-
In areas where crime is likely to occur, landscape with low ground cover or high canopied trees.
The trunk should be free of branches to a height of 2 metres.
II
PRINCIPLE: WAYFINDING AND ACCESS: Wayfinding and controlling access/egress allows for people
to move confidently in their community with safe access routes/entrances to their destination.
Associated design helps define public and private spaces as well. The objective for the Town of
Pasadena is to design and manage the built environment to maximize legibility and provide access
control where appropriate.
Guidelines:
-
Ensure important services (i.e., bus or taxi stops) and signs are thoughtfully located and clearly
visible.
-
Create local landmarks by drawing attention to existing man-made or natural features such as
rivers, sea-fronts, public squares, public art, heritage sites, or important civic buildings. Locate
these at terminating vistas, preserve sightline and/or reference them in the design of the
neighbourhood.
-
Support way finding with clearly legible signage, annotated maps and strategically located
information centres.
-
Design entrances and exits so they are easily identifiable and clearly visible.
-
Use access control measures such as low, visually permeable fencing to deter illegitimate users
from semi-private or private outdoor spaces.
-
Use footpaths, pavement, gates, lighting and landscaping to clearly guide the public to and from
entrances and exits.
-
Use gates, fences, walls, landscaping and lighting to discourage public access to or from spaces
that are not meant for public use (i.e., private outdoor spaces and unmonitored/poorly
overlooked areas).
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III PRINCIPLE: PUBLIC AND PRIVATE PROPERTY MAINTENANCE: Environment influences behaviour. If
an environment shows signs of neglect or vandalism people there is the 'broken window theory' that
indicates that people will then be more inclined to engage in unwelcome or criminal behaviour.
Guidelines:
-
Encourage beautification of neighbourhoods by supporting community group initiatives.
-
Avoid long expanses of light coloured walls that may attract graffiti artists. Engage these groups in
dialogue to find alternative outlets for their creativity (i.e. commissioned murals or art exhibitions).
-
Design the built environment using materials and fittings that will hold up to heavy use by the
public.
-
Use finishes that are resistant to vandalism and are easy to clean, repair or replace.
IV PRINCIPLE: TERRITORIALITY/OWNERSHIP: Reinforcing ownership promotes territorial behaviour
and fosters proprietary concern. Owners have a vested interest and are more likely to challenge
intruders or report them to the police. Clearly defining boundaries between private and public
spaces promote shared responsibility for their security.
Guidelines:
-
Define ownership and intended use through obvious design cues such as low fencing, benches and
paving patterns/materials.
-
Organize the site into a hierarchy of visually defined zones by using devices such as material
changes, landscape features, grade changes, low fences/walls, or seating to delineate boundaries.
Avoid ambiguous land uses or spaces.
-
Balance the need for natural surveillance and the desire for privacy by creating filtered views that
provide a sense of privacy while maintaining sightlines. Privacy screening should be visually
permeable rather than solid screens. In building complexes with multiple users/ tenants (multi-
family, office, institutional, etc.), cluster individual entrances and/ or windows around principal
entries, courtyards or common areas.
-
Relate exterior spaces immediately adjacent to buildings to establish territory. For example, low
walls, landscaping and paving patterns to clearly define the space around a unit entry as belonging
to the residents of that unit.
-
Create a strong hierarchy of approaches and avoid providing too many ways to enter buildings or
private areas. Ensure entrances and exits to the space are clearly marked.
9.2
DEVELOPMENT DESIGN SUBMISSION FORMAT
9.2.1
Comprehensive Site Plan
The Comprehensive Site Plan must contain the items listed in subsection 2.2.4.
9.2.2
Building Design Information
In addition to the information provided in accordance with Site Plan property detail and to address the
Development Design Guidelines, at the discretion of Council, a land development applicant shall provide
in the minimum, in whole or in part, the following building design information on the proposed site
development:
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The front, rear and building side elevation views of all buildings proposed for the site;
Detailed building design articulation elements such as for the front entrance, facades, roof
lines, cornices and window placement and trim, and design attention to the building form
and character to avoid monotony of design, use of blank walls and massing of the building;
Building materials and colour schemes;
Coordination of design of all buildings on site, and integration with the design character of
the adjacent neighbourhood;
Integration of site design elements of landscaping, parking and amenity areas with building
design;
9.2.3
Landscape Plan
In addition to the site design information on a proposed site development that is provided, at the
discretion of Council, a land development applicant shall provide in a minimum, in whole or in part, the
following landscape plan information on the proposed site development:
Landscape plans shall be for the entire site and shall include all proposed new plantings of
hedges, shrubbery, trees, flowering plants, groundcover and grass areas, as well as existing
landscaping, including trees proposed to be retained;
Landscape improvements shall include those identified minimum landscape requirements
within the applicable zone category for the proposed use;
Landscape plans shall focus on the front and exterior side yard areas to the adjacent streets,
on the front entrance to the principal building and on landscape treatments that
complement the exterior of the principal building;
Landscape plans shall additionally provide for screening of unenclosed storage areas, to
minimize offsite glare from vehicle lights from the parking area, to screen rooftop heating,
ventilation and air conditioning systems, and to provide for privacy and separation from
adjacent land uses;
All site developments shall provide for landscaping between the asphalt area of the parking
area and the building face;
Landscape plans are to include all proposed fences, masonry walls and landscape berms;
9.2.4
Signage Detail (also refer to Section 7.3)
In addition to the site design and landscape information provided on a proposed site and
building development, at the discretion of Council, a land development applicant shall
provide, in whole or in part, the following signage detail information on the proposed site
development:
Signage shall be complimentary to the overall site, building and landscape design for the
development project;
Multi-tenant use of a commercial, industrial or comprehensive development zone site, shall
utilize one shared sign;
Decorative landscape treatment to the base of site signage shall be incorporated with the
landscape plan for the development; and,
A statement of rationale of how the proposed signage detail meets the intent of the design
guidelines.
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9.2.5
Development Design Approval
Review and approval consideration by the Authority of a proposal's compliance to the
Development Design Guidelines shall be subject to the following conditions:
o The procedural process for consideration of Approval of the Development Design
application shall be established by the Authority, and shall be in compliance with the
Urban and Rural Planning Act, 2000;
o Development Design Approval consideration may occur in conjunction with the
Authority's consideration of approval of a rezoning application for the same property;
o The Development Design Approval shall be valid for a two-year period from the date of
Approval by the Authority;
o Upon expiration of the two-year period, and in the absence of an extension from the
Authority, a new application for Development Design Approval will be required;
o No Building Permit for a development subject to a Development Design Approval shall
be issued except in compliance to the approved Development Design;
o All site, building, landscape and signage detail approved by the Authority for the
Development Design shall be adhered to in site construction and development, except
for minor changes as subsequently approved by the Authority; and,
o A Landscape Letter of Credit to ensure suitable growth and adaptation of the landscape
planting materials as part of the site development may be required by the Authority.
9.3
RESIDENTIAL DEVELOPMENT DESIGN GUIDELINES (except apartment buildings)
9.3.1
Building Design
All compact and duplex lot houses shall have their principal façade and entry facing the front lot line and
the street;
1. The front façade of the residential house shall not be blank but shall include prominent and
identifiable design articulation building forms and features such as appurtenances, porches,
verandas and stoops so as to promote the home's exterior living space and street orientation to
enhance social interaction and contribute to the ambiance of the neighbourhood;
2. Columns and posts at the front entry shall be spaced no farther apart than they are tall;
3. The front facades of compact and duplex homes should be finished with more than one finish
material, and where more than one material is used, traditionally heavier materials such as stone
and brick shall be located below lighter building materials such as wood, and fibre cement board;
4. Unless designed as a continuous architectural theme, adjacent compact and duplex lot buildings
shall be visually distinct from each other;
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5. At least two of the following design elements should vary for each adjacent compact and duplex
residential building along a street: (a) building materials; (b) roofline; (c) windows; (d) building
recesses; (e) building setbacks; (f) height; (g) entries; (h) colour; (i) building form; or (j) architectural
details.
6. Use of wood and materials such as hardi-board for building cladding, and incorporation of other
architectural details such as to accent window trim and doorways, and cornices, is encouraged;
7. Vinyl siding as building cladding is not encouraged;
8. Blank walls along the side and rear of the home are not permitted, the side and rear elevations of
homes shall have design variation;
9. Windows shall be framed with design detail materials, and shall include a sill that is wider than the
window opening;
10. Windows should be oriented to make best use of passive solar;
11. Downspouts should match rain gutters in material and finish, and where feasible all roof drains
should be recharged into the site;
12. Parking shall be provided on-site within garages or within discrete parking areas and to the rear of
residences accessed by a lane, and where parking is to be accommodated at the front of the house,
if unenclosed, the area shall be landscaped, and where parking is to be provided within a garage,
design attention shall include recessing the front of a garage from the house and use of similar
design features and materials as the façade of the house;
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13. All buildings should reflect environmentally responsible design and construction practices, and
include consideration of the Energy Star program;
14. All areas of a compact or duplex lot located outside of the building envelope shall be fully
landscaped and maintained with grassed areas, a variety of shrubs, hedges, and flowering plants,
and a minimum of one street tree in the front yard area;
15. Energy efficiency and conservation should be considered in the design of landscaped areas and in
the selection of plantings through:
a. Retention of existing mature trees and vegetation where feasible;
b. The use of native and/ or drought resistant plant species;
c. Designing the landscaping to moderate the effect of the wind, to provide shade in the
summer and to allow daylight into residential dwellings; and,
d. Allowing natural drainage and permeation throughout the site.
16. Fences, garden walls or hedges should be used along all side lot lines, and lot lines which abut alleys;
and,
17. The front yard area of the lot shall provide for an attractive landscape area and a pleasing
streetscape view.
9.4
MULTI-UNIT/APARTMENT BUILDING DESIGN GUIDELINES
9.4.1
Building Design
1. Design and siting of multi-unit residential buildings shall seek to preserve and maximize views of the
existing neighbourhood, to enhance privacy and liveability of the neighbourhood, to add attractive
residential design to the neighbourhood, and to not overwhelm the character of the
neighbourhood;
2. All multi-unit residential projects, especially those for congregate care, shall include provisions for
universal accessibility including power assisted door openers, wide doorways, weather protection
and exterior safety lighting, as well as specific dwelling unit design considerations;
3. Building materials, colour and architectural design of all multi-unit residential projects should
complement the existing neighbourhood character and the natural landscape;
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4. A common architectural theme of building form and character is encouraged to be used throughout
the residential project while emphasizing strong individual dwelling unit identity through smaller
design components;
5. The liveability of all new multi-unit residential dwelling units with regard to views and sunlight shall
be considered in the building design through utilization of staggered building elevations, having all
units above grade, and locating landscaped open spaces next to windows and adjacent buildings;
6. All multi-unit residential developments are to face the street, or give the appearance of facing the
street, so as to provide an attractive street front orientation through attention to the building
façade, unique building entrances, landscaping and fence treatment along the street;
7. Multi-unit residential developments adjacent to lower density residential homes shall create a
transition in building mass and form, and where feasible, concentrate density to the centre of the
development site, and locate lower density components of the development adjacent to nearby
lower density residential homes;
8. Buildings that are more than two storeys in height should be set back further than adjacent one and
two storey houses so that the multi-unit residential buildings seem smaller from the street;
9. Clustering of buildings on sites with environmentally sensitive areas or significant natural areas is
encouraged;
10. Small clusters of town home units are a preferred design for town home developments;
11. Town home developments that contain more than three units per structure should provide variation
in building facades to help reduce the visual length of individual buildings, and incorporate design
components such as porch covered and ground level door entries that express strong individual unit
identity so as to avoid significant repetition in adjacent dwelling units;
12. Larger apartment buildings and long rows of building frontages that reflect too much building
massing, shall avoid large expanses of any one building cladding material, and shall incorporate
architectural detail design elements that break up building massing through incorporation of
variation in colour, recesses and articulation such as chimneys, projections and balconies,
strategically placed windows and doors, use of varying building materials, and attention to
appropriate and compatible roof forms to reduce and provide relief to building monotony;
13. Blank and/or flat building facades on all sides of a multi-unit residential development shall be
avoided through the differentiating design articulation attention to wall lines and texture, use of
protrusions such as bay windows, and innovative use of building materials;
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14. Balconies and ground level patios of multi-unit residential buildings shall be designed with initial
attention to the usability of the space by the resident, and secondly to the overall design of the
building to ensure a cohesive attractive building image;
15. Recessed or semi-recessed balconies are preferred over projecting balconies that have the
appearance of being 'tacked on';
16. Adequate storage space should be provided within each multi-unit dwelling or within a common
area of a building so as to avoid 'clutter' of storage on balconies, patio areas and garages;
17. The exposed undersides of balconies and porches that are visible from the street should be covered
with exterior finishes to provide a finished appearance to public view;
18. All proposed flat roofs shall have a prominent articulated cornice treatment;
19. Screening of mechanical equipment, especially mechanical systems sited on rooftops, is encouraged
and, wherever possible, integrated into the architecture of the development;
20. Garage doors as part of a multi-unit residential development should not individually face the street
but rather should be recessed behind the main building façade, grouped in pairs between adjacent
residential units to allow individual unit entrances and facades to achieve more visual prominence
to the street, or have garages sited in a manner that avoids multi-driveway accesses to the adjacent
street;
21. Pedestrian pathways, with adequate lighting and landscaping treatment, are encouraged
throughout multi-unit developments to connect the residential dwelling units with the site parking
areas, and with the sidewalks;
22. Site design elements such as park benches, formal open space courtyards, shade areas and
community gardens are encouraged with multi-unit residential sites;
23. Fencing for screening purposes should complement the overall site and building design by being in
short lengths, and constructed of materials similar to the building design, or of decorative brick;
24. The size, height, location and design of multi-unit residential project name signs shall be
architecturally integrated into the overall design of the form and character of project buildings; and,
25. Integration of Crime Prevention through Environmental Design (CPTED) principles and design
elements into building form and character considerations is required.
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9.4.2
Landscaping
1. Attractive site landscaping that creates visual interest and identity, a pleasing street image, and a
buffer to adjacent land uses, must be incorporated into the design and development of all multi-unit
residential projects;
2. In addition to the landscaping objectives of Regulation 47.3 (18), the intent for multi-unit residential
sites is to maximize the amount of landscaped areas on the site including retention of stands of
mature trees, and to minimize the amount of impervious surfaces so as to increase the natural
absorption of rainwater of the site through consideration of innovative practices such as
incorporating vegetated swales and rain gardens into the parking lot areas to capture and absorb
rainwater runoff;
3. The frontage of new multi-unit residential developments should be entirely landscaped with specific
attention to providing deciduous street tree species and a variety of plant materials and treatments,
some of which should achieve substantial size at maturity, and in creating visual landmarks of hard
and soft landscaping features on significant street corners and at locations of high visibility;
4. All multi-unit residential buildings should have immediately adjacent landscaped areas that include
shrubbery and flowering plants;
5. The use of landscaping pockets of vegetation such as flowering shrubs within a well maintained and
cut grassed area is encouraged throughout the site, and in side yard and perimeter areas of the site,
the use of decorative brick walkways to open space elements such as shade areas, park benches and
formal courtyards is encouraged;
6. Large continuous open spaces on the site shall be used to serve as a landscaped buffer to adjacent
properties and buildings, and to provide privacy and access to sunlight for residents;
7. In non-apartment multi-unit development sites, each dwelling unit shall be provided with its own
private open space, and landscape attention to the site shall delineate private open space from the
more public open space areas;
8. Use of attractive fencing materials, including decorative masonry walls, shall be complimented by
landscaping treatment at the base, but long monotonous lengths of fencing are not encouraged;
and,
9. Where on site community vegetable gardens are to be provided to residents, water from rooftop
runoff and downspouts should be redirected into rain barrels for later irrigation use, or directly into
vegetated areas.
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9.4.3
Parking Area Design
1. Successful site design of multi-unit residential projects extends to blending the parking areas of
higher density residential developments into the overall site goals for form and character. For
apartment residential developments, wherever feasible, automobile parking is encouraged to sited
underground, and where parking for multi-unit residential projects is not underground, surface
paved parking areas will require design attention;
2. Surface parking areas shall not be located within the building setback areas for the site, and they
should be visually screened as much as possible from streetscape and frontage view through the use
of landscape hedges, raised landscape berms, sloped grassed or flower bed areas, or by design
elements such as decorative and brick fences;
3. Access to parking areas should occur from a rear lane whenever possible, and where access is to
originate from a street, the number of site access and egress locations shall be minimized to
maintain the streetscape appearance of the development, and to minimize disruption to pedestrian
movement on the sidewalks adjacent to the street;
4. 'Viewing aisles' into the development and into the parking areas to maintain site safety should be
integrated into site screening considerations;
5. Multi-unit residential developments with large parking requirements shall break up the surface
parking locations into several smaller parking nodes, and connect the parking nodes with internal
shared driveways;
6. Town home and similar multi-unit residential projects shall not create individual driveway access to
the street for each dwelling unit but through site design layout, shall coordinate the site parking to
provide for a minimum number of accesses to the street;
7. The use of alternative construction materials to asphalt such as paving stones, brick or aggregate
concrete is encouraged to complement the overall landscape design of the site; and,
8. Pedestrian pathways that are clearly articulated and landscaped are encouraged to be provided to
safely connect the multi-unit residential buildings with the site's parking areas, and to the sidewalks
of the abutting streets.
9. Provision for bicycle parking and storage shall also be addressed.
9.4.4
Signage (Refer to Section 7.3)
1. The size, height and design of multi-unit project name signs shall be architecturally integrated into
the overall design of the site buildings and landscaping; and,
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2. Refuse collection containers and recycling storage areas are encouraged to be sited within buildings,
underground or in the minimum, fully enclosed with attractive fencing and roofing, if necessary, that
complements the principal building materials, or screened to an adequate height by similar
landscape treatment.
9.5
COMMERCIAL DEVELOMENT DESIGN GUIDELINES
While it is acknowledged that existing commercial developments in the community have limited or no
consistent building and landscape design pattern, new commercial development is intended to be
coordinated with regard to building siting, form and character by encouraging a more aesthetically
attractive and appealing streetscape and site appearance;
9.5.1
Building Design
1. Building form and character must include designing new buildings that are pleasant to look at, by
providing for design attention and variation to the storefront façade, roof lines, exterior finish,
colours and materials, and limiting the size and massing of buildings. Flat roof lines, blank expanses
of exterior walls, buildings that appear to be temporary structures and asphalt paving that abuts the
building face are commercial construction practices that are not encouraged;
2. The streetscape created by new building forms should complement each other and those existing
buildings on adjacent sites, thereby avoiding monotony, but creating a positive visual effect;
3. Exterior finishes of new commercial buildings should be wood, brick, finished and textured concrete,
natural stone or other materials of warm appearance. Substantial areas of unfinished concrete or
metal cladding should be avoided;
4. Significant corners of new commercial buildings should be given added design emphasis with
vertical architectural features and roof cornice elements;
5. Where a commercial building or development is located at a street intersection, the building design
appearance shall be orientated to have the building 'front' all the adjacent streets;
6. New building development should be sited to have the building frontage on the main street
alignment;
7. Buildings should be designed and located on a site to minimize impacts to adjacent land uses such as
residential, to preserve views, to retain mature trees, to setback from any environmentally sensitive
areas and retain natural vegetation, and to accommodate the natural grades of the site as much as
possible to ensure that minimal site grading is required;
8. New commercial developments are encouraged to site closer to the front lot line and provide for
attractive storefront design through façade attention, articulated window design and prominent
store entry locations, and for enhanced pedestrian elements such as widened walkways and rest
benches and overhead weather protection, and planting of deciduous street trees;
9. Large lot commercial developments shall provide for site development of buildings that are
coordinated with each other, and are connected by pedestrian sidewalk linkages and incorporation
of public spaces for open space amenity areas, public art, and shade areas with rest benches;
10. Attractive storefront façade and use of murals depicting the community's history, as approved by
Council, on exterior building walls are encouraged;
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11. Commercial developments will involve the siting and design of buildings to respect the residential
character of the neighbourhood through a smaller commercial scale of buildings, to provide for a
design theme that is compatible with the neighbourhood, significant site landscaping to provide for
an effective transition from residential to commercial land uses and attention to parking area design
to prevent lighting glare spilling over to residential areas;
12. Commercial growth through new building development and building renovation will be encouraged
to consider the historic elements and character of downtown commercial cores and integrate this
existing character with new design concepts through significant attention on the ground level
storefront façade width and height, storefront window patterns and placement, storefront
entrances, pedestrian weather protection, colours and materials, and to the building design
treatment of the second storey, to the roof lines and to the building sides to avoid massing, to
lighting for the building and signage;
13. For the Comprehensive Commercial/Industrial Development Area, development shall be part of an
overall design concept plan for the area, and shall include site design that incorporates significant
open space amenities and encourages building design that makes extensive use of wood timbers
and local materials;
14. All new Commercial building developments shall consider and provide for an attractive streetscape
view in conjunction with significant site landscaping, and convenient, well-lit and safe pedestrian
access from the parking area to the principal building;
15. All new commercial buildings shall also be designed from the perspective of universal access for
disabled and other persons and provide for multiple curb let downs, power assisted door openers,
weather protection and other design elements;
16. Screening of mechanical equipment, especially mechanical systems sited on rooftops, is encouraged
and, wherever possible, integrated into the architecture of the development; and,
17. Integration of Crime Prevention through Environmental Design (CPTED) principles and design
elements into building form and character considerations is required in the design of all new and all
significantly renovated commercial developments.
18. The Highway Commercial designated areas will strive to become highly designed commercial sites to
the local street and to the Trans-Canada Highway corridor. Significant design attention to building
placement, and massing of building walls, will be required to achieve attractive design to the Trans-
Canada Highway. Innovative design features such as colourful façades, or possible murals on
building walls, will be considered.
9.5.2
Landscaping
Attractive and substantial site landscaping that creates visual interest and identity, a pleasing street and
pedestrian image, acts a buffer to adjacent land uses, screens parking and paved areas of the site, and
emphasizes the natural environment character of Pasadena, must be incorporated into the design and
development of all commercial development projects;
1. In addition to the landscaping objectives of Regulation 47.3 (18), the intent for commercial
development sites is to maximize the amount of landscaped areas on the site including retention of
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stands of mature trees, and to minimize the amount of impervious surfaces so as to increase the
natural absorption of rainwater of the site through consideration of innovative practices such as
incorporating oil-water separators in the catch basins of parking lot drains to cleanse parking lot
runoff waters before they enter watercourses;
2. The frontage of new commercial developments, and other lot areas adjacent to a street, should be
entirely landscaped with a minimum 3.0m wide landscape boulevard to serve as the primary buffer
area between the adjacent street and the paved area of the site, with specific attention to providing
within the landscape boulevard area, deciduous street tree species and a variety of plant materials
and treatments, some of which should achieve substantial size at maturity, and in creating visual
landmarks of hard and soft landscaping features on significant street corners and at locations of high
visibility;
3. Street trees on a commercial site should be a minimum of 1.8m in height at time of planting, and
planted at a ratio of one tree for every three parking spaces on site;
4. Use of hedges, floral displays, lawns with park benches, brickwork fences, shade areas and
ornamental lights is also encouraged to be included in the site landscape plan;
5. On large sites such as for shopping centre developments, landscaping is to also consider the
provision of public art or features such as water fountains and outside landscaped amenity,
courtyard or plaza areas;
6. Unenclosed storage areas are to be sited to the rear of buildings and screened by landscaping or
well-maintained fencing;
7. Large parking areas shall incorporate landscape features to create separated clusters of parking
spaces and enable safe pedestrian circulation; and,
8. A Landscape Letter of Credit may be required by the Authority from the Development Design
applicant to ensure successful planting of landscape material and ongoing maintenance for a
minimum two-year period.
9.5.3
Parking Area Design
1. Since commercial site parking areas will be highly visible from adjacent streets, and the
development design objective is to 'soften' the hard appearance of parking lot areas, surface
parking lots shall be screened as much as possible from streetscape view by use of landscape
hedges, grassed and raised landscape berms, and in specific locations, by attractive good-quality
fencing;
2. No asphalt paving of a parking area shall directly abut a building face but rather an interface
landscape area shall be planted between the car stops of the parking lot and the side of the building;
3. Large parking areas for commercial sites shall be encouraged to be broken up through the use of
internal site landscaping islands that are curbed and planted with trees, raised pedestrian walkways
and rest bench areas, and connective vehicle maneuvering aisles;
4. Commercial buildings should be strategically located on development sites to ensure safe pedestrian
movement from the surface parking areas by initiatives such as maintaining clear public walking
access to the entrance of commercial storefronts;
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5. Short term bicycle parking facilities such as bike racks, should be sited in well-lit locations close to
building entrances;
6. Loading and service areas shall be located to the rear and side of commercial buildings, removed
from the main site parking areas and all pedestrian movements;
7. Parking areas shall be designed to support and assist disabled persons, and all disabled parking
spaces shall be located close to the building entrance;
8. All surface parking spaces shall be clearly marked and painted with white parking space lines, and
where 'small car parking spaces' are to be used, 'small cars' shall be clearly painted on the parking
spaces;
9. The amount of asphalt surfaces on commercial parking lots is encouraged to be minimized through
consideration of use of more permeable surface treatments such as decorative pavers and bricks;
and,
10. Lighting for commercial parking lots shall not 'spill-over' and create glare on adjacent properties.
9.5.4
Signage and other design considerations (Refer to Section 7.3)
1. The size, height and design of commercial development name signs shall be architecturally
integrated into the overall design of the site, and be generally limited to one sign per site, or on the
basis of overall site frontage for large commercial developments; and,
2. Refuse collection containers and recycling storage areas are encouraged to be sited within buildings,
or in the minimum, fully enclosed with attractive fencing and roofing, if necessary, that
complements the principal building materials, or screened to an adequate height by similar
landscape treatment.
9.6
INDUSTRIAL DEVELOPMENT DESIGN GUIDELINES
9.6.1
Site Design
1. Industrial sites are to be designed in a manner to reflect an appealing public appearance by being
sited as close to the adjacent street as possible, accentuated with an attractive front of building
orientation to the street and complimented with well-maintained site landscaping;
2. Overall site planning and development should address the entire property, and any environmentally
sensitive areas should be identified, fenced and preserved;
3. Open space areas shall be created wherever possible on an industrial site, particularly within
setback areas, and for employee amenity areas;
4. Site landscaping is to assume a greater role in overall site design and site layout so as to achieve
goals of creating permeable areas for site drainage, and to generally 'green' the site to reflect the
natural setting of the community;
5. Wherever achievable, new developments are encouraged to incorporate Low Impact Development
(LID) techniques such as rain gardens, vegetated swales, separation of impervious surfaces, and/ or
redirecting water from drain pipes into rain barrels and other systems for watering site landscaping;
6. Lighting of parking and outside work areas shall not illuminate adjacent or nearby properties to an
intensity greater than existing street lights adjacent to nearby impacted sites;
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7. Exterior site storage is encouraged to be minimized, and where present located away from public
view as much as possible, and where necessary enclosed by an opaque or translucent screen, raised
landscape berms, trees and substantial site landscaping;
8. Refuse collection and recycling areas are to be completely screened by landscaped vegetation or by
fencing material that compliments the building design;
9. Loading areas are encouraged to be located to the rear or side of a building where a building façade
does not face a street, and designed in keeping with the appearance of the principal building; and,
10. Signage is to be coordinated with the overall design of the site and landscaping.
9.6.2
Building Design
1. Buildings within the IL zone are to be designed to create an appealing visual relationship between
buildings and streetscape;
2. Design detail for all new industrial buildings will be encouraged to consider the proposed building's
bulk and size, and its height and massing in relation to neighbourhood area, and what building
materials are to be used, and what level of landscape improvements are to be made to the building
setback areas and parking locations, and additionally consider:
a. Orientating the building to the street to present an attractive public 'face' for the industrial
operation;
b. Locating the office component of a new building to the front of the building and using
materials such as glazing to highlight the building front;
c. Differentiating one face of the building from another by utilizing different architectural
features, colours and materials;
d. Ensuring individual unit identity to units in multi-tenant buildings; and,
e. Providing for finished treatment of open space on the site through attractive and well-
maintained landscaping.
3. Developments should address the impact and visual exposure of building roof appearance by
varying the design of the roof line, and considering all roof top equipment, stacks, roof vents, and
mechanical systems as part of the overall building design, and group and screen as much as possible;
4. No exposed surfaces of buildings are encouraged to be finished with metal cladding or unpainted
concrete blocks in the IL zone; and,
5. Manufactured mobile structures are not deemed as an appropriate building form in any industrial
zone.
9.6.3
Landscaping
1. Attractive and substantial site landscaping that creates visual interest and identity, a pleasing street
and pedestrian image, acts a buffer to adjacent land uses, screens parking and paved areas of the
site, and emphasizes the natural environment character of Pasadena, must be incorporated into the
design and development of all industrial development projects;
2. The overall landscaping intent for industrial development sites is to maximize the amount of
landscaped areas on the site including retention of stands of mature trees, and to minimize the
amount of impervious surfaces so as to increase the natural absorption of rainwater of the site
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through consideration of innovative practices such as incorporating oil-water separators in the catch
basins of parking lot drains to cleanse parking lot runoff waters before they enter watercourses;
3. The frontage and streetscape sides of new industrial developments in the IL zone should be
landscaped with a minimum 3.0m wide landscape boulevard to serve as the primary buffer area
between the adjacent street and the building area of the site, with specific attention to providing
within the landscape boulevard area, deciduous street tree species and a variety of plant materials
and treatments, some of which should achieve substantial size at maturity, and in creating visual
landmarks of hard and soft landscaping features on significant street corners and at locations of high
visibility;
4. Street trees on an industrial site should be a minimum of 1.8m in height at time of planting, and
planted at a ratio of one tree for every four parking spaces on the perimeter of the site;
5. Use of hedges, floral displays, lawns with park benches, brickwork fences, shade areas and
ornamental lights is also encouraged to be included in the front building area and employee amenity
areas;
6. Wherever possible, use of raised landscape berms to screen parking and storage areas of a site is
encouraged; and,
7. The overall industrial development is encouraged to maximize the positive impact of finished open
space.
9.6.4
Parking Area Design
1. Employee parking areas and loading bays are not to be located within the setback area between the
building and the street;
2. Since industrial site parking areas will be highly visible from adjacent streets in the IL zone, and the
development design objective is to 'soften' the hard appearance of parking lot areas, surface
parking lots shall be screened as much as possible from streetscape view by use of landscape
hedges, grassed and raised landscape berms, and in specific locations, by attractive good-quality
fencing;
3. No asphalt paving of a parking area shall directly abut a building face but rather an interface
landscape area shall be planted between the car stops of the parking lot and the side of the building;
4. Parking lot area and loading bay access locations to the street shall be minimized;
5. Parking areas shall be designed to support and assist disabled persons, and all disabled parking
spaces shall be located close to the building entrance;
6. All surface parking spaces shall be clearly marked and painted with white parking space lines, and
where 'small car parking spaces' are to be used, 'small cars' shall be clearly painted on the parking
spaces; and,
7. Short term bicycle parking facilities for employees such as bike racks, should be sited in well lighted
locations close to building and workplace entrances.
9.7
GREEN APPROACHES TO STORMWATER MANAGEMENT
Land Conservation: Land conservation is another good tool for communities to use for reducing the
risks of stormwater runoff and sewer overflows. The water quality and flooding impacts of urban
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stormwater also can be addressed by protecting open spaces and sensitive natural areas within and
adjacent to a Town while providing recreational opportunities for Town residents. Natural areas that
should be a focus of this effort include riparian areas, wetlands, and steep hillsides.
Bioswales: Bioswales are essentially rain gardens placed in long narrow spaces such as the space
between the sidewalk and the curb. Bioswales are vegetated, mulched, or xeriscaped channels that
provide treatment and retention as they move stormwater from one place to another. Vegetated swales
slow, infiltrate, and filter stormwater flows. As linear features, they are particularly well suited to being
placed along streets and parking lots.
Planter Boxes: Planter boxes are an attractive tool for filtering stormwater as well as reducing the
runoff that goes into a sewer system. Planter boxes are urban rain gardens with vertical walls and either
open or closed bottoms. They collect and absorb runoff from sidewalks, parking lots, and streets and are
ideal for space-limited sites in dense urban areas and as a streetscaping element.
Permeable Pavements: Permeable pavement is a good example of a practice that catches water where
it falls. Permeable pavements infiltrate, treat, and/or store rainwater where it falls. They can be made of
pervious concrete, porous asphalt, or permeable interlocking pavers. This practice could be particularly
cost effective where land values are high and flooding or icing is a problem.
Green Streets and Alleys: Green streets combine more than one feature to capture and treat
stormwater. Green streets and alleys are created by integrating green infrastructure elements into their
design to store, infiltrate, and evapo-transpire stormwater. Permeable pavement, bioswales, planter
boxes, and trees are among the elements that can be woven into street or alley design.
Green Parking: Parking lots are a good place to install green infrastructure that can capture stormwater
that would usually flow into the sewer system. Many green infrastructure elements can be seamlessly
integrated into parking lot designs. Permeable pavements can be installed in sections of a lot and rain
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gardens and bioswales can be included in medians and along the parking lot perimeter. Benefits include
mitigating the urban heat island and a more walkable built environment.
Urban Tree Canopy: Town trees, or tree canopy, soak up stormwater, provide cooling shade and help to
slow traffic. Trees reduce and slow stormwater by intercepting precipitation in their leaves and
branches. Many cities have set tree canopy goals to restore some of the benefits of trees that were lost
when the areas were developed. Homeowners, businesses, and community groups can participate in
planting and maintaining trees throughout the urban environment.
Downspout Disconnection: Water from the roof flows from this disconnected downspout into the
ground through a filter of pebbles. This simple practice reroutes rooftop drainage pipes from draining
rainwater into the storm sewer to draining it into rain barrels, cisterns, or permeable areas. You can use
it to store stormwater and/or allow stormwater to infiltrate into the soil. Downspout disconnection
could be especially beneficial to cities with combined sewer systems.
Rainwater Harvesting: This rainwater harvesting system is adapted to the architecture of the building
and its surroundings.
Rainwater harvesting systems collect and store rainfall for later use. When designed appropriately, they
slow and reduce runoff and provide a source of water. This practice could be particularly valuable in arid
regions, where it could reduce demands on increasingly limited water supplies.
Rain Gardens: A rain garden can be beautiful as well as functional. Rain gardens are versatile features
that can be installed in almost any unpaved space. Also known as bioretention, or bio-infiltration, cells,
they are shallow, vegetated basins that collect and absorb runoff from rooftops, sidewalks, and streets.
This practice mimics natural hydrology by infiltrating, and evaporating and transpiring--or "evapo-
transpiring"--stormwater runoff.
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APPENDICES
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APPENDIX 1: Interpretation of Technical Terms used in the Development Regulations
Introduction
This section contains definitions of the technical terms used in the Municipal Plan and Development
Regulations in order to ensure that they are correctly interpreted.
Terms and words in this regulation which are defined in the Urban and Rural Planning Act, 2000 and
Development Regulations, 2000, have the meaning expressed in that Act and cannot be amended by the
Council; these are identified by a logo, as noted below:
= Definitions from the Urban and Rural Planning Act, 2000 (the Act);
these cannot be amended by Council; and,
= Definitions from the Minister's Development Regulations under the Urban and
Rural Planning Act, 2000; these cannot be amended by Council.
Words and phrases used in these Regulations shall otherwise have the meanings as set out in the
following definitions; these can be amended by the Council; these can be identified by the absence of a
logo. Any other terms and words have the meaning as generally understood in the English
languageAdditional definitions have been provided for interpretive guidance and.
Definitions
ACCESS
means a way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street;
ACT
unless the context indicate otherwise, means the Urban and Rural Planning Act, 2000;
ADJACENT LAND means land that is contiguous to, physically touching or shares a boundary with, the
parcel of land that is the subject of an application and includes land that would be contiguous if not for a
highway, road, river or stream.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT
means a person who has applied to an authority for an approval or permit to carry out a
development;
AUTHORITY
means a council, authorized administrator or regional authority;
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BUILDING
means
(i) a structure, erection, alteration or improvement placed on, over or under land or attached, anchored
or moored to land,
(ii) mobile structures, vehicles and marine vessels industrial and other similar uses,
(iii) a part of and fixtures on buildings referred to in subparagraphs (i) and (ii), and
(iv) an excavation of land whether or not that excavation is associated with the intended or actual
construction of a building or thing referred to in subparagraphs (i) to (iii);
BUILDING HEIGHT
means the vertical distance, measured in metres from the established grade to
the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(ii) mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in any case, a
building height shall not include mechanical structure, smokestacks, steeples and purely ornamental
structures above a roof;
BUILDING LINE
means a line established by an authority that runs parallel to a street line and is set
at the closest point to a street that a building may be placed;
BUILDING CONTROL LINE
means a conceptual line paralleling the centre line of a Protected
Road at a distance perpendicular to the road in order to delineate the area for the application of these
regulations; a Protected Road is a road designated under the Protected Road Zoning Regulations, 1996
under the Urban and Rural Planning Act, 2000;
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BOARD
except in Part IX, means an appeal board established under section 40;
COUNCIL
means a council as defined in the Town of Corner Brook Act, Town of Mount Pearl
Act, Municipalities Act, 1999 and the Town council as defined in the Town of St. John's Act;
COURT
unless the context indicates otherwise, means the Trial Division;
DECK means a raised structure that has a walking surface within one storey of the established grade at
the ground level of that face of the building, which may or may not be attached to a main building,
which does not have a permanent roof.
DEPARTMENT
means the department presided over by the minister responsible for the Urban
and Rural Planning Act (the Act);
DEVELOPMENT
means the carrying out of building, engineering, mining or other operations in,
on, over or under land, or the making of a material change in the use, or the intensity of use of land,
buildings or premises and the:
(i) making of an access onto a highway, road or way,
(ii) erection of an advertisement or sign,
(iii) construction of a building,
(iv) parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an office, or
for living accommodation, and excludes the
(v) carrying out of works for the maintenance, improvement or other alteration of a building, being
works which affect only the interior of the building or which do not materially affect the external
appearance or use of the building,
(vi) carrying out by a highway authority of works required for the maintenance or improvement of a
road, being works carried out on land within the boundaries of the road reservation,
(vii) carrying out by a local authority or statutory undertakers of works for the purpose of inspecting,
repairing or renewing sewers, mains, pipes, cables or other apparatus, including the breaking open of
street or other land for that purpose, and
(viii) use of a building or land within the courtyard of a dwelling house for a purpose incidental to the
enjoyment of the dwelling house as a dwelling;
DEVELOPMENT REGULATIONS
means these regulations and regulations and by-laws respecting
development that have been enacted by the relevant authority; and development regulations
means regulations made under sections 34 to 38;
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DISCRETIONARY USE
means a use that is listed within the discretionary use classes established in
the use zone tables of an authority's development regulations;
DWELLING UNIT: means a self-contained unit consisting of one or more habitable rooms used or
designed as an independent and separate housekeeping establishment or living quarters for one
household, including kitchen and sitting, sleeping and sanitary facilities, which is used permanently or
semi-permanently; and does not include a coach or rail car, mobile home, or any vehicle.
ESTABLISHED GRADE
means,
(i) where used in reference to a building, the average elevation of the finished surface of the ground
where it meets the exterior or the front of that building exclusive of any artificial embankment or
entrenchment, or
(ii) where used in reference to a structure that is not a building, the average elevation of the finished
grade of the ground immediately surrounding the structure, exclusive of any artificial embankment or
entrenchment;
FLOOR AREA
means the total area of all floors in a building measured to the outside face of
exterior walls;
FRONTAGE
means the horizontal distance between side lot lines measured at the building line;
LAND
includes land covered by water and buildings and structures on, over, under the soil and
fixtures that form part of those buildings and structures;
LOT
means a plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building;
LOT AREA
means the total horizontal area within the lines of the lot;
LOT COVERAGE
means the combined area of all building on a lot measured at the level of the
lowest floor above the established grade and expressed as a percentage of the total area of the lot;
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MINISTER
means the minister appointed under the Executive Council Act to administer this Act;
MUNICIPALITY
includes a Town incorporated under the Town of Corner Brook Act, Town of
Mount Pearl Act and the Town of St. John's Act and a municipality as defined in the Municipalities Act,
1999;
NON-CONFORMING USE
means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone;
NUISANCE means anything that is obnoxious, offensive or interferes with the use or enjoyment of
property, endangers personal health or safety, or is offensive to the senses. This could include that
which creates or is liable to create a nuisance through emission of noise, smoke, dust, odour, heat, light,
fumes, fire or explosive hazard; results in the unsightly or unsafe storage of goods, salvage, junk, waste
or other materials; poses a hazard to health and safety; or adversely affects the amenities of the
neighbourhood or interferes with the rights of neighbours to the normal use and enjoyment of any land
or building;
OWNER
means a person or an organization of persons owning or having the legal right to use the
land under consideration;
PERMITTED USE
means a use that is listed within the permitted use classes set out in the use zone
tables of an authority's development regulations;
PLAN,
unless the context indicates otherwise, means a regional plan and a municipal plan
established under section 8 or 10; (regional plan or municipal plan);
PLANNING AREA
, unless the context indicates otherwise, means a regional planning area and a
municipal planning area established under sections 6 and 11;
PROHIBITED USE
means a use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that an authority specifies as not permitted within a use zone;
RECREATION VEHICLE OR RECREATIONAL TRAILER means a vehicle or portable structure designed to
provide temporary living accommodation which is either self-propelled or mounted on, or pulled by
another vehicle, and includes a travel/holiday trailer, camper trailer, truck camper, motorhome, fifth
wheel trailer, tent trailer, travel trailer, camper van or recreational trailer or other similar vehicle, but
not a mobile home or mini-home. A converted bus is not a recreation vehicle;
REGION
means a region as defined in the Municipalities Act, 1999;
REGIONAL AUTHORITY
means a regional authority established under section 7 of the Act;
scheme means a scheme established under section 29 of the Act;
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SIGN
means a word, letter, model, placard, board, device or representation, whether illuminated
or not, in the nature of or employed wholly or in part for the purpose of advertisement, announcement
or direction and excludes those things employed wholly as a memorial, advertisements of local
government, utilities and boarding or similar structures used for the display of advertisements;
STREET
means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles;
STREET LINE
means the edge of a street reservation as defined by the authority having jurisdiction;
SUBDIVISION
means the dividing of land, whether in single or joint ownership into 2 or more
pieces for the purpose of development;
TOWN
means a town as defined in the Municipalities Act, 1999;
USE
means a building or activity situated on a lot or a development permitted on a lot;
USE ZONE OR ZONE
means an area of land including buildings and water designated on the zoning
map to which the uses, standards and conditions of a particular use zone table apply;
VARIANCE
means a departure, to a maximum of 10% from the yard, area, lot coverage, setback,
size, height, frontage or any other numeric requirement of the applicable Use Zone Table of the
authority's regulations;
YARDS - (sometimes called lot lines) refer to the diagram below for an illustration of the following
definitions:
FRONT YARD DEPTH otherwise called the building line or front yard setback, means setback from the
street that the building is fronting on, shown as the front yard setback in the drawing below; note that
the development controls indicate side yard and rear yard setbacks from the boundaries of the
property;
REAR YARD DEPTH
means the distance between the rear lot line and the rear wall of the main
building on a lot;
SIDE YARD DEPTH
means the distance between the side lot line and the nearest side wall of a
building on the lot;
ZONING MAP
means the map or maps attached to and forming a part of the authority's
regulations.
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APPENDIX 2: MINISTER'S DEVELOPMENT REGULATIONS
UNDER THE URBAN AND RURAL PLANNING ACT, 2000
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This is an official version.
Copyright © 2006: Queens Printer,
St. John's, Newfoundland and Labrador, Canada
Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)
Table of Regulations
Main Site
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NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001 )
Under the authority of section 36 of the Urban and Rural Planning Act , 2000, I make the
following regulations.
Dated at St. Johns , January 2, 2001 .
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
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6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
Short title
1. These regulations may be cited as the Development Regulations.
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Definitions
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000 ;
(b) "applicant" means a person who has applied to an authority for an approval or permit to
carry out a development;
(c) "authority" means a council, authorized administrator or regional authority; and
(d) "development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
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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.
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(3) Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
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Interpretation
4. (1) In development regulations and other regulations made with respect to a planning area the
following terms shall have the meanings indicated in this section
(a) "access" means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
(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 authoritys 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
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(ii) where used in reference to a structure that is not a building, the average elevation of
the finished grade of the ground immediately surrounding the structure, exclusive of
any artificial embankment or entrenchment;
(h) "floor area" means the total area of all floors in a building measured to the outside face
of exterior walls;
(i) "frontage" means the horizontal distance between side lot lines measured at the building
line;
(j) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building;
(k) "lot area" means the total horizontal area within the lines of the lot;
(l) "lot coverage" means the combined area of all building on a lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total area
of the lot;
(m) "non-conforming use" means a legally existing use that is not .listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the legal right
to use the land under consideration;
(o) "permitted use" means a use that is listed within the permitted use classes set out in the
use zone tables of an authoritys development regulations;
(p) "prohibited use" means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority specifies as not permitted
within a use zone;
(q) "sign" means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as a
memorial, advertisements of local government, utilities and boarding or similar structures
used for the display of advertisements;
(r) "rear yard depth" means the distance between the rear lot line and the rear wall of the
main building on a lot;
(s) "side yard depth" means the distance between the side lot line and the nearest side wall
of a building on the lot;
(t) "street" means a street, road, highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency vehicles;
(u) "street line" means the edge of a street reservation as defined by the authority having
jurisdiction;
(v) "use" means a building or activity situated on a lot or a development permitted on a lot;
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(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 authoritys regulations; and
(y) "zoning map" means the map or maps attached to and forming a part of the authoritys
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 authoritys regulations as discretionary, permitted or
prohibited uses for that area.
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Notice of right to appeal
5. Where an authority makes a decision that may be appealed under section 42 of the Act, that
authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the
(a) persons right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
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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. Johns, Nfld., A1B 4J6 is the
secretary to all boards in the province and an appeal filed with that secretary within the time period
referred to in subsection 42(4) of the Act shall be considered to have been filed with the appropriate
board.
(2) Notwithstanding subsection (1), where the City of Corner Brook , City of Mount Pearl or
City of St. Johns appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed
with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or (2) within the
14 days referred to in subsection 42(4) of the Act.
(4) The board that hears the decision being appealed shall, subject to subsection 44(3) of the
Act, retain the fee paid to the board.
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(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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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.
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Development prohibited
8. (1) Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, an authority shall not carry out work related to the matter being
appealed.
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Hearing notice and meetings
9. (1) A board shall notify the appellant, applicant, authority and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date
scheduled for the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its work in an expeditious manner.
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Hearing of evidence
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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.
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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.
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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 authoritys opinion, compliance with the development standards would prejudice the proper
development of the land, building or structure in question or would be contrary to public interest.
(2) An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances made or to
be made with respect to the same land, building or structure, would have a cumulative effect that is
greater than a 10% variance even though the individual variances are separately no more than 10%.
(3) An authority shall not permit a variance from development standards where the proposed
development would increase the non conformity of an existing development.
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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.
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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.
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Notice and hearings on change of use
15. Where considering a non conforming building, structure or development under paragraph
108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming
building, structure or development, an authority, at the applicants expense, shall publish a notice in a
newspaper circulating in the area or by other means give public notice of an application to vary the
existing use of a non-conforming building, structure or development and shall consider any
representations or submissions received in response to that advertisement.
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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.
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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.
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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.
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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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APPENDIX 3: LAND USE ZONING MAP