Petty Harbour-Maddox Cove, Newfoundland and Labrador
· adopted 2023-05-15
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TOWN OF PETTY HARBOUR - MADDOX COVE
DEVELOPMENT REGULATIONS
AMENDMENT NO. 2, 2023
Text Amendment
Development Standards
Building Height, sideyards - Harbourfront Use Zone
Rear yard reduction- Residential Use Zone
Definition Bed and Breakfast Establishment
Prepared by:
Mary Bishop, FCIP
February, 2023
URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF PETTY HARBOUR - MADDOX COVE
DEVELOPMENT REGULATIONS AMENDMENT NO. 2, 2023
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
Town Council of Petty Harbour - Maddox Cove adopts Development Regulations
Amendment No. 2, 2023.
Adopted by the Town Council of Petty Harbour - Maddox Cove on the 15th day of May,
2023.
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Signed and sealed this 15 day of aJ.9tr ,
2023.
Mayor ~
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Clerk ~Auwl
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CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Development Regulations Amendment has been prepared in
accordance with the requirements of the Urban and Rural Planning Act 2000.
Mary Bishop, FCIP
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REGISTERED
TOWN OF PETTY HARBOUR - MADDOX COVE
DEVELOPMENT REGULATIONS AMENDMENT
NO. 2, 2023
BACKGROUND
The Town of Petty Harbour-Maddox approved its current Municipal Plan and
Development Regulations in 2015. In implementing the Development Regulations since
that time, Council and staff have identified several areas where changes to the
Development Regulations would improve interpretation, administration and control of
development.
This report has been prepared to describe the proposed changes and to serve as a
basis for consideration by the general public before it is approved by Council and
submitted to the Minister of Municipal and Provincial Affairs for registration.
Municipal Plan
The Municipal Plan sets out policies that guide Council decision-making on growth and
development in the community and identifies broad land use categories where different
types of development can occur. The standards for development in these areas are set
out in the Development Regulations.
Changes can be made to the Development Regulations without an amendment to the
Municipal Plan, provided they are consistent with the intent and policies of the Plan.
Development Regulations
Council is proposing to make the following changes to the Development Regulations:
1. Adding a limit on building height and setting a minimum sideyard for new
development in the Harbourfront zone.
The Municipal Plan sets out the following objectives for the Harbourfront area:
- To enhance the harbourfront as the Town Centre and community
gathering place.
- To continue to support the fishing industry of Petty Harbour.
- To encourage economic activity around the harbour
Policy H-2 of the Plan deals with new development in the Harbourfront area as
follows:
1. Any development in the area shall be reasonably compatible with residential
uses surrounding the harbour. Council may require siting or operation to reduce
or eliminate expected negative impacts such as night lighting, noise, odour,
fumes, or dust.
2. In considering proposals for development adjacent to the harbour, Council will
require that existing access to the harbour and parking for fishing-related
activities are retained.
3. In accordance with Policies G-10 and G-11, Council will manage development
in accordance with the Provincial Floodplain Policy and ensure that where
permitted, development is designed and constructed to reduce vulnerability to
flooding.
With increased interest in development around the harbour, staff have
recommended that the Town consider adding a maximum height for new
buildings in the Harbourfront zone to ensure that development does not occur
that is out of scale with the existing buildings that are currently found there. At the
present time there is no restriction on the height of buildings in this zone.
Buildings in the harbourfront, particularly on the north side of the harbour are
characterized by small, mostly single story buildings such as fishing sheds and
small businesses enterprises. On the south side, there is a mix of small and
several larger, 2 storey buildings.
Having reviewed the matter, Council is proposing that any new buildings, or
changes to existing buildings, have a height no greater than 4m. Height is
defined in the Development Regulations as the vertical distance, measured in
metres, from the Established Grade to the:
a. highest point of the roof surface of a flat roof.
b. deck line of a mansard roof; and
c. mean height level between the eave and ridge of a gable, hip or
gambrel roof, and
in any case, a Building Height shall not include mechanical structures,
smokestacks, steeples, and purely ornamental structures above a roof.
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Council also proposes to add a requirement for a minimum sideyard of 1.5 m to
be provided in any new development on lots in the Harbourfront land use zone to
provide a separation distance between buildings.
2. Reducing the required rearyard for residential building lots in the
Residential land use zone.
Since the Plan was prepared, the Town has reviewed a number of applications
for residential building lots. Council has also introduced a program to map all
properties within the community. Through these processes, staff have identified a
number of existing vacant properties which have the required lot size, but cannot
be developed due to a lack of depth on the lot for the required rearyard. In the
Residential zone, the required rearyard is 1 Om for single, double and row
dwellings.
The Town is proposing to reduce the minimum required rear yard in the
Residential land use zone, from 1 Om to 7m, for single, double and row dwellings.
3. Revising the definition of Bed and Breakfast Establishment
Council is proposing to revise the definition of Bed and Breakfast Establishment
in the Development Regulations to clarify that owner occupancy of the dwelling is
not required.
The current definition in Section 2 of the Regulations states:
Bed and Breakfast Establishment means a single dwelling unit in which the
resident supplies for compensation, bedrooms for the temporary accommodation
of travelers.
The proposed change would read:
Bed and Breakfast Establishment means an owner-occupied or owner-
managed establishment in a dwelling, where temporary sleeping
accommodations, with or without meals, are provided for a fee to members of the
public.
. ,
PUBLIC CONSULTATION
A notice of the proposed changes was published in the March 16 edition of the
Telegram with a deadline of March 29 for comments. Notices were also posted on the
Town's website March 14, and distributed to residents by mail and email on March 15.
Two submissions were received by the deadline for comments, one in support of the
amendment, the other objecting to the limit on building height, particularly on the south
side of the harbour. Council considered the submissions at a regular meeting April 17
and decided to proceed with the amendment as proposed.
AMENDMENT
The Petty Harbour - Maddox Cove Development Regulations shall be amended as
follows:
1.
Adding, as Section 8.8.4 Lot Requirements, a maximum building height of 4m,
and a minimum sideyard requirement of 1.5 m to the Harbourfront land use zone,
and renumbering the following sections accordingly; The new Section to read:
8.8.4 Lot Requirements
Minimum Sideyard
1.5 m
Maximum Building Height
4m
2.
Reducing the required rearyard standard for single, double and row dwellings in
the Residential land use zone to 7m in Section 8.7.3
3.
Revising the definition of Bed and Breakfast Establishment in Section 2,
Definitions to read:
Bed and Breakfast Establishment means an owner-occupied or owner-managed
establishment in a dwelling, where temporary sleeping accommodations, with or
without meals, are provided for a fee, to members of the public.