Town of Petty Harbour - Maddox Cove Development Regulations
Petty Harbour-Maddox Cove, Newfoundland and Labrador
· adopted 2015-01-16
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Prepared For:
"~The Town of
V
Petty Harhour-Maddox Cove
Prepared By:
lili
Cl!ICL LIMITED
CQr1w/li~g Eng~1G1;1S
Urban and Rural Planning Act
Resolution to Adopt
Town of Petty Harbour-Maddox Cove
Development Regulations
2014
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town Council of
Petty Harbour-Maddox Cove adopts the Petty Harbour-Maddox Cove Development Regulations
2014.
'-i \'
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t
Adopted by the Town Council of Petty Harbour-Maddox Cove on th<> [I
day of f- '\j t,tS
'2014.
'
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Signed and sealed this J'i" day of .l101..K' n\ bf\ , 2014.
Mayor:
()/) et:: Ji ~:t::t__ ,
_____ [M _______ -------~--------
~
Clerk:
Canadian Institute of Planners Certification
I certify that the attached Development Regulations have been prepared in accordance with the
requirements of the Urban and Rural Planning Act 2000.
Urban and Rural Planning Act
Resolution to Approve
Town of Petty Harbour-Maddox Cove
Development Regulations
2014
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning Act,
2000, the Town Council of Petty Harbour-Maddox Cove
""
a) adopted the Petty Harbour-Maddox Cove Development Regulations 2014 on the 1 \ day of
,/t1A:i \)C, ~
, 2014,
b) gave notice of the adoption of the Petty Harbour-Maddox Cove Development Regulations by
+·I'
'I . rd
\, I
advertisement, inserted on the I::.\
day and the ,, "
day of <;~ r'f' rnu9,. , 2014 in the
Telegram.
+h
.
I
c) set the d. C\
day of S-j!1"111ll€1 at 7:00 p,m. at the Town Hall, Petty Harbour-Maddox Cove, for
the holding of a public hearing to consider objections and submissions.
Now under the authority of section 23 of the Urban and Rttral Planning Act, 2000, the Town Council
of Petty Harbour-Maddox Cove approves the Petty Harbour-Maddox Cove Development
Regulations as adopted,
'\"r-.
I
SIGNED AND SEALED this J Y day of ~cv11~bu , 2014,
Mayor:
Clerk:
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Contents
1.
Application ................................................................................................................................................ 1
1.1.
Title ............................................................................................................................................................................ 1
1.2.
In terp reta tio n ........................................................................................................................................................ 1
1.3.
Commencement .................................................................................................................................................... 1
1.4.
Municipal Code and Regulations .................................................................................................................... 1
1.5.
Authority .................................................................................................................................................................. 1
1.6.
Delegation of Council .......................................................................................................................................... 1
1.7.
Provincial Development Regulations ........................................................................................................... 1
2.
Definitions ................................................................................................................................................. 2
3.
General Regulations ............................................................................................................................ 10
3.1.
Permit to Develop Required .......................................................................................................................... 10
3.2.
Decisions of Council .......................................................................................................................................... 10
3.3.
Permit to be Issued ............................................................................................................................................ l 0
3.4.
Permit Not to be Issued in Certain Cases ................................................................................................. 10
3.5.
Discretionary Powers ....................................................................................................................................... 10
3.6.
The Application ................................................................................................................................................... 11
3.7.
Register of Application ..................................................................................................................................... 11
3.8.
Deferment of Application ................................................................................................................................ 11
3.9.
Approval in Principle ........................................................................................................................................ 11
3.10.
Approval ............................................................................................................................................................ 11
3.11.
Development Permit .................................................................................................................................... 11
3.12.
Revoke Permit ................................................................................................................................................ 12
3.13.
Public Notice .................................................................................................................................................... 12
3.14.
Licenses, Permits and Compliance with Other Bylaws .................................................................. 13
3.15.
Right of Entry .................................................................................................................................................. 13
3.16.
Stop Work Order and Prosecution ......................................................................................................... 13
3.17.
Service Levy ..................................................................................................................................................... 13
3.18.
Financial Guarantees by Developer ....................................................................................................... 13
3.19.
Dedication of Land for Public Use ........................................................................................................... 14
3.20.
Reinstatement of Land ................................................................................................................................ 14
3.21.
Notice of Right to Appeal ............................................................................................................................ 14
3.22.
Appeal Requirements .................................................................................................................................. 14
3.23.
Appeal Registration ...................................................................................................................................... 14
3.24.
Development Prohibited ............................................................................................................................ 15
3.25.
Hearing Notice and Meetings ................................................................................................................... 15
3.26.
Hearing of Evidence ...................................................................................................................................... 15
3.27.
Board Decision ................................................................................................................................................ 15
3.28.
Variances ........................................................................................................................................................... 15
3.29.
Notice of Variance ......................................................................................................................................... 16
3.30.
Residential Non-Conformity ..................................................................................................................... 16
3.31.
Notice and Hearings on Change ofUse ................................................................................................. 16
3.32.
Non-Conformance with Standards ......................................................................................................... 16
3.33.
Discontinuance of Non-Conforming Use .............................................................................................. 16
3.34.
Delegation of powers ................................................................................................................................... 16
4.
General Development Standards .................................................................................................... 17
4.1.
Access and Service Streets .............................................................................................................................. 17
4.2.
Accessory Buildings .......................................................................................................................................... 17
4.3.
Accessory Uses Permitted .............................................................................................................................. 17
4.4.
Advertisements ................................................................................................................................................... 17
4.5.
Alterations to the Natural Environment ................................................................................................... 17
4.6.
Archaeological Assessment ............................................................................................................................ 17
4.7.
Bed and Breakfast Establishments ............................................................................................................. 18
4.8.
Buffer Strips .......................................................................................................................................................... 18
4.9.
Building Height .................................................................................................................................................... 18
4.10.
Building Line and Setback. ......................................................................................................................... 18
4.11.
Development in Areas Vulnerable to Flooding ................................................................................. 18
4.12.
St1·ucture in the Flood Risk Areas ........................................................................................................... 19
4.13.
Home Childcare .............................................................................................................................................. 19
4.14.
Home Occupation .......................................................................................................................................... 19
4.15.
Landscaping and Screening ....................................................................................................................... 20
4.16.
Lot Area ............................................................................................................................................................. 20
4.17.
Lot Area and Size Exceptions .................................................................................................................... 20
4.18.
Lot Frontage .................................................................................................................................................... 20
4.19.
Mineral Exploration ...................................................................................................................................... 21
4.20.
Municipal Public Works, Utilities and Telecommunications ....................................................... 21
4.21.
Non-Conforming Uses .................................................................................................................................. 21
4.22.
Parks, Playgrounds and Conservation Uses ....................................................................................... 21
4.23.
Side Yards ......................................................................................................................................................... 21
4.24.
Slopes Greater than lSo/o ............................................................................................................................ 21
4.25.
Soils and Drainage ......................................................................................................................................... 21
4.26.
Soil Removal, Deposit and Site Grading ............................................................................................... 22
4.27.
Watercourse Protection .............................................................................................................................. 22
4.28.
Water Pressures/Fire Flows ..................................................................................................................... 22
4.29.
Groundwater Protection ............................................................................................................................. 22
4.30.
Public Access to Shorelines ....................................................................................................................... 22
4.31.
Protection of Community Trails and Footpaths ............................................................................... 22
5.
Off-Street Parking and Loading ....................................................................................................... 23
5.1.
Parking Required ................................................................................................................................................ 23
5.2.
Parking Spaces ..................................................................................................................................................... 23
5.3.
Parking Area Design Standards .................................................................................................................... 23
5.4.
Off-Street Loading Requirements ................................................................................................................ 23
6.
Signs .......................................................................................................................................................... 24
6.1.
Permit Required ................................................................................................................................................. 24
6.2.
Provincial Highway Sign Regulations ........................................................................................................ 24
6.3.
Form of Application ........................................................................................................................................... 24
6.4.
Signs Prohibited in Street Reservation ..................................................................................................... 24
6.5.
Permit Valid for Limited Period ................................................................................................................... 24
6.6.
Removal of Signs ................................................................................................................................................. 24
6.7.
Signs Exempt from Control ............................................................................................................................ 24
6.8.
Approval Subject to Conditions .................................................................................................................... 25
6.9.
Prohibited Signs .................................................................................................................................................. 25
6.10.
General Standards for Signs ...................................................................................................................... 25
6.11.
Sign Specifications ........................................................................................................................................ 25
7.
Subdivision of Land ............................................................................................................................. 26
7.1.
Permit Required ................................................................................................................................................. 26
7.2.
Deve 1 o pm en t Agreement ................................................................................................................................ 2 6
7.3.
Services to be Provided ................................................................................................................................... 26
7.4.
Payment of Service Levies and Otber Charges ....................................................................................... 26
7.S.
Issue of Penn it Subject to Considerations ............................................................................................... 26
7.6.
Proposals for Subdivision of Land .............................................................................................................. 27
7.7.
Form of Application ........................................................................................................................................... 27
7.8.
Subdivision Subject to Zoning ....................................................................................................................... 27
7.9.
Building Lines ...................................................................................................................................................... 2 7
7.10.
Land for Public Open Space ....................................................................................................................... 27
7.11.
Structure in Street Reservation ............................................................................................................... 28
7.12.
Subdivision Design Standards .................................................................................................................. 28
7.13.
Cul de Sacs ........................................................................................................................................................ 29
7.14.
Engineer to Design Works and Certify Construction Layout ...................................................... 29
7.15.
Street Works May Be Deferred ................................................................................................................ 29
7.16.
Transfer of Streets and Utilities to the Town ..................................................................................... 30
7.17.
Restriction on Sale of Lots ......................................................................................................................... 30
8.
Use Zone Tables .................................................................................................................................... 31
8.1.
Use Zones ............................................................................................................................................................... 31
8.2.
Interpretation of Use Zones ........................................................................................................................... 31
8.3.
Perm i tt.ed Uses ............................................................................................................................................... , .... 31
8.4.
Discretionary Uses ............................................................................................................................................. 31
8.5.
Prohibited Uses ................................................................................................................................................... 31
8.6.
Heritage Area (HA) ............................................................................................................................................ 32
8.7.
Residential (RES) ................................................................................................................................................ 35
8.8.
Harbourfront (H) ................................................................................................................................................ 37
8.9.
Commercial-Industrial (C-I) .......................................................................................................................... 38
8.10.
Rural (RU) ......................................................................................................................................................... 39
8.11.
Open Space Conservation (OS) ................................................................................................................ 41
8.12.
Recreation (REC) ........................................................................................................................................... 42
8.13.
Watershed (W) ............................................................................................................................................... 43
Appendix A
AppendixB
AppendixC
Land Use Zoning Map
Provincial Development Regulations
Classification Guide to Land Uses and Buildings
1.1.
Title
1.2.
1.
These Regulations may be cited as the Town of Petty Harbour-Maddox Cove Development
Regulations.
Interpretation
Words and phrases used in these Regulations shall have the meanings ascribed to them in
Section 2 of these Regulations.
2. Words and phrases not defined in these Regulations shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
1.3.
Commencement
These Regulations come into effect through the Petty Harbour-Maddox Cove Municipal
Planning Area, hereinafter referred to as the Planning Area, on the date of publication of a
notice to tbat effect in the Newfoundland and Labrador Gazette.
1.4.
Municipal Code and Regulations
The National Building Code of Canada, Fire Code of Canada and any other ancillary code and
any Building Regulations, Waste Disposal Regulation and/or any other municipal
regulations regulating or controlling the development, conservation and use of land in force
in tbe Town of Petty Harbour-Maddox Cove shall, under these Regulations apply to the
entire Planning Area.
1.5.
Authority
In these Regulations, "Authority" means the Council of the Town of Petty Harbour-Maddox
Cove.
1.6.
Delegation of Council
Where the term Council is referenced in these Regulations, Council may, by resolution,
delegate its Authority to administer the Regulations or part thereof, to an employee of
Council or an agent in the employment of Council.
1.7.
Provincial Development Regulations
Appropriate sections of the Urban and Rural Planning Act 2000 and the full text of the
Provincial Development Regulations have been incorporated into the Petty Harbour-
Maddox Cove Development Regulations and are marked as follows:
f.8
Urban and Rural
Planning
Reg,X
Provincial
Reg.X
Where there is a conflict between these Regulations and the Provincial Regulations, the
Provincial Regulations shall apply. A complete copy of the Provincial Development
Regulations is attached in Appendix B.
Petty Harbour·Maddox Cove
Development Regule\tlons 2014
Provincial
Reg.1(a.)
dfj;
Provincial
keg.4(b)
dfj;
Provincial
Reg.4(c)
Provincial
Reg. Z(a)
dfj;
Provincial
Reg. 2(b)
-
Access means a way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street.
Accessory Building includes
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 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, vegetable 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.
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accessory building
'
-
~ main building
Accessory Use means a use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use.
Act, unless the context indicate otherwise, means the Urban and Rural Planning Act, 2000.
Agriculture means horticulture, fruit, grain or seed growing, dairy farming, the breeding or
rearing of livestock, including any creature kept for the production of food, wool, skins, or fur, or for
the purpose of its use in the farming of land, the use of land as grazing land, meadow land, market
gardens and nursery grounds and the use of land for woodlands where that use is ancillary to the
farming of land for any other purpose.
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.
Architectural Style means the classification of buildings according to their appearance,
structure, materials and historic period.
Assisted Living Complex means a residential building designed for people seeking assisted
home care by the content and layout of the dwelling units (varying in size, number of bedrooms,
shared kitchens), provisions for common dining facilities, recreation areas, lounges, libraries,
respite units, and the accessibility of all units and facilities to the physically challenged. Provision of
services such as day-care for seniors, housekeeping, personal care, meal programs, physiotherapy,
activity programs, outdoor recreation areas, and open space areas may also be provided. The use
includes personal care home but does not include a hospital.
Bed and Breakfast Establishment means a single dwelling unit in which the resident supplies,
,
for compensation, bedrooms for the temporary accommodation oftravelers.
if~
Urban and Rural Building means
=~~~~'~,~
i)
a structure, erection, alteration or improvement placed on, over or under land or attached,
anchored or moored to land,
r1ft?
P.-ovindal
Reg. 4(d)
r1ft?
Provincial
Reg. 4{e)
ii) mobile structures, vehicles and marine vessels adapted or constructed for residential,
commercial, industrial and other similar uses,
iii) a part of and fixtures on buildings referred to in subparagraphs (i) and (ii), and
iv) an excavation of land whether or not that excavation is associated with the intended or
actual construction of a building or thing referred to in subparagraphs [i) to (iii].
Building Height means the vertical distance, measured in meters from the estahlished 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 the roof.
flat roof
mansard roof
gable roof
building
height
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.
Convenience Store means a building used as a store that serves the primary needs of the
adjacent neighbourhood and includes tbe sale of magazine, confectionary and grocery items, rental
of video movies and a delicatessen or snack bar provided that any eating facility is within a wholly
enclosed building.
Daycare Centre or Day Nursery means a building or part of a building in which services and
activities are regularly provided to children of pre-school age during the full daytime period as
defined under the Childcare Services Act, but does not include a school as defined by the Schools Act.
Petty Harbour~Maddox Cove
Development Regulations 2014
t
'i:'~'i'
Development means the carrying out of building, engineering, mining or other operations in, on,
"'ban and R"'"1
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h
k'
f
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f
f I d
Planning
over or un er an , or t e ma mg o a matena c ange m t e use, or t e mtens1ty o use o an ,
Reg.2 (gJ
buildings, or premises and the
Provincial
Reg. 4(t)
<ff;
Provincial
Reg.4(g)
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 tbe 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.
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, Single Detached Unit means a self-contained unit consisting of one or more
habitable rooms used or designed as the living qua1ters for one household.
Dwelling, Double Unit (or Duplex) means a building containing two dwelling units, placed one
above the other, or side by side, but does not include a self-contained dwelling containing a
subsidiary apartment.
Dwelling, Town house means three or more dwelling units, each with a separate entrance,
constructed side by side and separated by common vertical walls.
Dwelling, Apartment Building means a building containing three or more dwelling units, but
does not include a row dwelling.
Erect means to build, construct, reconstruct, alter or relocate and without limiting the generality of
the foregoing, shall include any preliminary physical operation such as excavating, grading, piling,
cribbing, filling or draining, or structurally altering any existing building or structure hy an
addition, deletion, enlargement or extension.
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
B
B
.....,~::=:::::::-;::----;:::-=r--lhighest elevation
established grade
-------lowest elevation
'iff
Provincial
Reg. 4(hl
'iff
Provindal
Reg.4(i)
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 an
artificial embankment or entrenchment.
Existing means legally existing as of the effective date of these Regulations.
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 benveen side lot lines measured at the building line (the
distance between points A and B in the lot line illustration on the following page).
Historic Building means a building that was constructed in Petty Harbour-Maddox Cove prior to
Confederation (1949).
Home Child Care Service means a service where not more than six (6) children receive child
care in the home of the person providing the child care.
Home Occupation means an accessory use of a dwelling and/or accessory building for gainful
employment involving the provision or sale of goods and/or services.
Home Office means a secondary use of a dwelling for gainful employment involving the provision
or sale of goods and/or services.
Inspector means any person appointed and engaged as an inspector by Council or by any federal
or provincial authority or the agent thereof.
Ucba~Rml Land includes land covered by water and buildings and structures on, over .. under the soil and
Planning
fixtures that form part of those buildings and structures.
Reg. 2 (i)
'iff
Provincial
Reg. 4(j)
Landscaping means any combination of trees, shrubs, flowers, grass or other horticultural
elements, decorative stonework, paving, screening or other architectural elements, all of which is
designed to enhance the visual amenity of a property or to provide a screen between properties in
order to mitigate objectionable features between them.
Light Industry means 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.
Loading Space means an area of land provided for use for the temporary parking of a commercial
motor vehicle where merchandise or materials are loaded or unloaded from the vehicles.
Lot means a plot, tract or parcel ofland which can be considered as a unit of land for a particular
use or building.
Petty Harbour-Maddox Cove -
Developtnent Regulations 2014
<%
Provincial
Reg.-(k)
1fo
Provincial
Reg. 4(1)
~
Pro\-lncial
Reg. 4(m)
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.
·
Lot coverage = Area of A +Area q(B
Total lot area
Lot Line means an outer boundary for a specific lot.
Lot Line, Front means the line dividing a lot
from the street. For a corner lot, the shorter
lot line adjacent to the street shall be deemed
the front lot line and the longer Jot line
abutting the street shall be deemed the
flanking lot line.
r··
'
'T·
' ' L.___,_
rear lot line ·
Lot Line, Rear means the lot line on the
opposite side of the front lot line.
A:
----.,,.., -buildlng line
Lot Line, Side means the lot lines
perpendicular to the front and rear lot lines.
Lot Line, Flanking means a lot line which
abuts the street on a corner lot.
front lot Hoe, .l. ,
.....
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, together with a club house and catering facilities.
Mineral Working means land or buildings used for the working or extraction of any naturally
occurring substance, including a pit or quarry.
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.
Nursing Home means a building where nursing care and room and board are provided to
individuals incapacitated in some manner for medical reasons and approved by Service NL and
Lands, and Health and Community Services.
Office means a room used for the purpose of regularly conducting business, performing a service
or offering consultation, but shall not include manufacturing or the selling of retail goods.
Provincial
Reg. 4(n)
~
Provindal
Reg. 4(o)
~
Provincial
Reg. 4{p)
Outdoor Storage means the storage of goods, inventory, materials or equipment or other items
which are not intended for immediate sale, by locating them outside.
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.
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.
Public Use means any lands, structure or building which is constructed for use by the general
public, including but not limited to parks, playgrounds, trails, paths and other recreational and open
spaces, scenic and historic sites, publicly funded buildings such as schools, hospitals, libraries and
other public buildings and structures.
Recreational Use means the use ofland for parks, playgrounds, tennis courts, lawn bowling
greens, athletic fields, golf courses, picnic areas, swimming pools, day camps, walking trails, and
similar uses.
Restaurant means a building or part thereof, designed or intended to be used or occupied for the
purpose of serving the general public with meals or refreshments for consumption on the premises.
Roof, Flat is a roof with little or no slope.
Roof, Gable is a two-sided, sloping roof with a single ridge and gables at either end.
Roof, Gambrel is a two sided. double sloping roof.
Roof, Hipped is a four sided rood having sloping ends and sloping sides.
Roof, Mansard is a two or four-sided, double sloped roof with a very steep lower slope and a flat
(or near flat) upper slope.
Flat
Gable
Gambrel
Hipped
Mansard
Petty Harbour-Maddox Cove
Dcvdupmcnt Regulations 2014
i
Provincial
Reg. 4(q)
i
Provincial
Reg. 4(t)
i
Provincial
Reg. -f.(u)
~~
Screening means the method by which a view of one site
from another adjacent site is shielded, concealed or
hidden. The example on the right shows trees and fences
being used to screen a parking lot from public view.
Service Station means any land or building used
exclusively for the sale of petroleum products, automotive
parts and accessories, minor repairs, washing and polishing of motor vehicles.
Shop means a building or part thereof used for retail trade wherein the primary purpose is the
selling or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale
of retail services but does not include an establishment wherein the primary purpose of the serving
of meals or refreshments, an amusement use, a general garage, or a service station.
Sign (or advertisement] 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 hoarding or similar structures used for
the display of advertisements.
Sign Area means the area of the smallest rectangle, circle, or semi-circle that can enclose the
surface area of the sign. Where a sign has two faces or more, the maximum area is permitted for
each of the two faces.
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.
Street Right-of-Way means a strip of land
street
street right-of·way
between the street lines, acquired by reservation, dedication or forced dedication intended to be
occupied or occupied by a puhlic street, road or highway.
Storey means the entire floor or level of a building having a continuous or nearly continuous floor.
"'--- --d Rum! Subdivision means the dividing of land, whether in single or joint ownership into 2 or more
Planmn~
n.,.2 (qJ
pieces for the purpose of development.
Subsidiary Apartment means a separate dwelling unit constructed within and subsidiary to a
self-contained dwelling.
Provincial
Reg. 4(v)
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Reg. 4(s)
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Reg.4(y)
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.
Watercourse means any lake, pond, river, stream or other body of water.
Wetland means the land usually or at any time occupied by water, where the water table is at or is
just above the surface of the land either permanently or intermittently, depending upon the class of
the wetland which includes bogs, fens, marshes, swamps and shallow water zones along shorelines
of bodies of water.
Yard means an open uncovered space on
a Jot belonging to a building (except a
court) and unoccupied by buildings or
structures except as specifically permitted
elsewhere in these Regulations.
.,
'
Yard Depth, Rear means the distance
between the rear lot line and the rear wall
of the main building on a lot.
~
0
Abutting Yard ··t
Yard Depth, Side means the distance
between the side lot line and the nearest
side wall of a building on the Jot.
Yard, Front means the distance between
the front lot line of a lot and the front wall
of the main building on a lot.
Yard, Flanking means the side yard of a
corner Jot bounded hy the street.
Yard, Abutting means the yard of an
abutting Jot which shares a lot line of
subject property.
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Zoning Map means the map or maps attached to and forming a part of the authority's regulations.
Petty Harbour-Maddox Cove
Development Regulations 20 l 4
3.1.
Permit to Develop Required
No person shall carry out any development within the Planning Area, unless a permit for
the development has been issued by the Council.
3.2.
Decisions of Council
Decisions made by Council with respect to a permit shall be made in writing, and state the
reasons for a refusal of, or conditions attached to a permit. Council shall also advise the
person to whom the decision applies of their right to appeal, in accordance with Section 42
of the Act and the requirements of Regulation 3.21 of these Regulations.
3.3.
Permit to be Issued
Subject to Regulations 3.4 and 3.5, a permit shall be issued for development within the
Planning Areas that conforms to:
a) the policies expressed in the Municipal Plan and any further scheme, plan, or regulation
pursuant thereto;
b) the general development standards set out in Section 4 of these Regulations;
c) the standards set out in the Building Code and/or other ancillary codes, and any
Building Regulations, Waste Disposal Regulations, and/or any other muoicipal
regulation in force in the Planning Area regulating or controlling development,
conservation and use of land and buildings;
d) the standards set out in Section 5 of these Regulations with respect to parking;
e) the standards set out in Section 6 of these Regulations in the case of signs;
f)
the standards set out in Section 7 of these Regulations in the case of subdivision;
g) the use classes, standards, requirements, and conditions prescribed in Sections 8 of
these Regulations for the use zone in which the proposed development is located; and
h) the standards of design and appearance established by Council.
3.4.
Permit Not to be Issued in Certain Cases
Approval shall not be issued for a proposed development where, in the opinion of Council, it
is premature by reason of the site Jacking 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 applicaot contracts to pay the full cost of construction of
the services deemed necessary by Council.
3.5.
Discretionary Powers
In considering an application for a permit or for approval in principle to carry out
development, Council shall take into account the policies expressed in the Muoicipal 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 notwithstandiog 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.
3.6.
The Application
1. Applications for a Permit to Develop or an Approval in Principle shall be made only by the
owner, the owner's agent or person authorized by the owner to Council. on the application
form as may be prescribed by Council.
2. Every application shall include such plans, specifications and drawings as Council may
require, and be accompanied by the appropriate fee set out in a Schedule of Fees as
established by Council.
3. Council shall, on request, supply to every applicant a copy of the application forms referred
to in Regulation 3.6(1) and a description of the plans, specifications and drawings required
to be provided with the application.
3.7.
Register of Application
Council shall keep a public 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.
3.8.
Deferment of Application
1. Council may, with the written agreement of the applicant, defer consideration of an
application; and
2. 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 eight weeks of the receipt thereof by Council, and on which consideration has not
been deferred in accordance with Regulation 3.8(1 ), shall be deemed to be refused.
3.9.
Approval in Principle
1. An application for Approval in Principle shall include;
a) a description of the proposed development,
b) a description of the limits of the land to be used with the proposed development, and
may include a survey description of the subject lands,
c) submission of detailed plans,
d) any additional information that may be required by Council.
2. Council may issue an Approval in Principle if it determines the application conforms to the
Municipal Plan and these Regulations.
3. An Approval in Principle shall be valid for 2 years.
4. No development shall be carried out under an Approval in Principle.
5. Council may revoke an Approval in Principle if it determines the applicant has changed the
proposed development in a way that significantly alters the original intent of the
applications.
3.10. Approval
Approval for an application is granted by Council in the form of a Development Permit or
Building Permit for applications approved under these Regulations.
3.11. Development Permit
1. A plan or drawing which has been approved hy Council and which hears a mark and/or
signature indicating such approval together with a permit shall be deemed to be permission
to develop. Such permission shall not relieve the applicant from:
Petty Harbour-Maddox Cove
Development Regulations 2014
a) full responsibility for obtaining permits or approvals under any other regulation or
statute prior to commencing the development;
b) having the work cartied out in accordance with these Regulations or any other
regulations or statutes; and
c) compliance with all conditions attached to an approval or a permit.
2. Council may attach to a permit or to approval in principle such conditions as it deems fit in
order to ensure that the proposed development will be in accordance with the purpose and
intent of these Regulations.
3. Where Council deems necessary, permits may be issued on a temporary basis for a period
not exceeding two years, which may be extended in writing by Council for further periods.
4. A permit is valid for two years. If the development has not commenced, the permit may be
renewed for a further period not in excess of one year, but a permit shall not be renewed
more than once, except in the case of a permit for an advertisement, which may be renewed
in accordance with Section 6 of these Regulations.
5. The approval of any application and plans or drawings or the issue of a permit shall not
prevent Council from thereafter requiring the correction of errors, or from ordering the
cessation, removal of, or remedial work on any development being carried out in the event
that the same is in violation of this or any other regulations or statute.
6.
No person shall erase, alter or modify any drawing or specifications upon which a permit to
develop has been issued by Council; and
7. There shall be kept available on the premises where any work, matter or thing is being done
for which a permit has been issued, a copy of the permit and any plans, drawings or
specifications on which the issue of the permit was based during the whole progress of the
work, or the doing of the matter or thing until completion.
3.12. Revoke Permit
Council may revoke an approval and any subsequent permits for failure by the applicant to
comply with these Regulations or any condition attached to the permit or where the permit
was issued in error or was issued contrary to the applicable regulations or was issued on
the basis of incorrect information.
3.13. Public Notice
1. Council shall provide public notice for a period of not less than:
a) 7 days - when considering a variance in accordance with Regulation 3.29 of these
Regulations; and
b) 14 days - when considering a change in a non-conforming use in accordance with
Regulation 3.31; or development which is listed as a Discretionary use in any use zone
in Section 8 of these Regulations.
2. Council may require public notice of any development application where, in tbe opinion of
Council, such notice is required for information and public consultation purposes.
3. Council shall require the cost of the public notice or portion thereof be paid by the applicant
and that such notice shall be by public advertisement in a newspaper circulating in the area
or by any other means deemed necessary or appropriate by Council.
3.14. Licenses, Permits and Compliance with Other Bylaws
Nothing in these Regulations shall exempt any person from complying with the
requirements of any By-Law in force within the Town of Petty Harbour-Maddox Cove, or
from obtaining any license, permission, permit, authority or approval required by aoy
statute or regulation of the Province of Newfoundland and Labrador or the Government of
Canada.
3.15. Right of Entry
Council or other person or persons authorized by the municipality, may enter upon any
public or private land and may at all reasonable times enter any development or building
for the purpose of making surveys or examinations or obtaining information relative to the
carrying out of any development, construction, alteration, repair, or any other works
whatsoever which the Council is empowered to regulate.
3.16. Stop Work Order and Prosecution
1. Where a person begins a development contrary or apparently contrary to these Regulations,
Council may order that person to stop the development.
2. Council may further order a person to pull down, remove, stop construction, fill in or
destroy that building or development, and restore the site or area to its original state,
pending final adjudication in any prosecution arising out of the development; and
3. A person who does not comply with an order made under Regulation 3.1.6(1.) is guilty of an
offence under the provisions of the Act.
3.17. Service Levy
l. 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 property
is enhanced in accordance with Section 149(2) of the Municipalities Act, SN, 1999.
2. A service levy shall not exceed the cost, including finance charges to Council of constructing
or improving the public works referred to in Regulation 3.17(1) that are necessary for the
real property to be developed in accordance with the standards required by Council and for
uses that are permitted on that real property;
3. A service levy shall be assessed on the real property based on:
a) the amount of real property benefited by the public works related to all the real
property so benefited; and
b) the density of development made capable or increased by the public work
4. Council may require a service levy be paid by the owner of the real property benefited and
may specify the time for payment. The amount of the service levy will be outlined in the
Town's Schedule of Rates and Fees.
3.18. Financial Guarantees by Developer
l. Council may require a developer before commencing a development to make such financial
provisions and/or enter into such agreements as may be required to guarantee the payment
of service levies, ensure site reinstatement, and to enforce the carrying out of any other
condition attached to a permit.
2. The financial provisions pursuant to Regulation 3.18(1) may be made in the form of:
a) a cash deposit from the developer, to be held by the Council, or;
b) a security or guarantee by a bank, or other institution acceptable to Council.
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3.19.
Dedication of Land for Public Use
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.
3.20. Reinstatement of Land
Council may order a developer, the occupier of a site, the owner, or any of them to restore a
site to the satisfaction of Council where:
a) the use ofland is discontinued;
b) the intensity of the use is decreased;
c) a Permit to Develop has been revoked; or
d) a Temporary Permit to Develop has expired.
3.21. Notice of Right to Appeal
Where an authority makes a decision that may be appealed under Section 42 of the Act, that
authority shall, in writing, at the time of making that decision, notify the person to whom
the decision applies of the:
a) person's right to appeal the decision to the board;
b) time by which an appeal is to be made;
c) right of other interested persons to appeal the decision; and
d) manner of making an appeal and the address for the filing of the appeal.
3.22. Appeal Requirements
1. The secretary of the board at the Department of Municipal Affairs, Main Floor,
Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., A1B 4)6 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.
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.
S. 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.
3.23. Appeal Registration
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 3.22 (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
4.
5.
~
3.24.
Provincial
l.
Reg. B
2.
3.
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Provindal
3.25.
h.eg. 9
l.
2.
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3.26.
Provindal
l.
Reg.10
2.
3.
4.
and addresses of the applicant and other interested persons of whom the authority has
knowledge.
Upon receipt of the information under subsection (3), the secretary of the board shall
puhlish in a newspaper circulated in the area of the appropriate authority, a notice that the
appeal has been registered.
A notice published under subsection ( 4) shall be published not fewer than 2 weeks before
the date upon which the appeal is to be beard by the board.
Development Prohibited
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.
Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
Upon receipt of a notification of the registration of an appeal with respect to an order under
section 102 of the Act, an authority shall not carry out work related to the matter being
appealed.
Hearing Notice and Meetings
A hoard shall notify the appellant, applicant, authority and other persons affected by the
subject ofan 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.
A board may meet as often as is necessary to conduct its work in an expeditious manner.
Hearing of Evidence
A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 3.24 (1) or their representative may appear before
the board and make representations with respect to the matter being appealed.
A board shall hear an appeal in accordance with section 43 of the Act and these Regulations.
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 tbe hearing of the board.
In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
~
3.27. Board Decision
Provincial
Reg. 11
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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.
3.28. Variances
1. Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development
regulations, an authority may, in its discretion, vary the applicable development standards
to a maximum of 10% if, in the authority's opinion, compliance with the development
standards would prejudice the proper development of the land, building or structure in
question or would be contrary to public interest.
2. An authority shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be
made with respect to the same land, building or structure, would have a cumulative effect
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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.
3.29. Notice of Variance
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.
3.30. Residential Non-Conformity
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.
3.31. Notice and Hearings on Change of Use
Where considering a non conforming building, structure or development under paragraph
108(3)( d) of the Act and before making a decision to vary an existing use of that non·
conforming building. structure or development, an authority, at the applicant's expense,
shall publish a notice in a newspaper circulating in the area or by other means give public
notice of an application to vary the existing use of a non-conforming building, structure or
development and shall consider any representations or submissions received in response to
that advertisement.
3.32. Non-Conformance with Standards
3.33.
3.34.
Where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not be
expanded if the expansion would increase the non-conformity and an expansion must
comply with the development standards applicable to that building, structure or
development.
Discontinuance of Non-Conforming Use
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 hy which a
discontinued non-conforming use may resume operation.
Delegation of powers
An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
4.1.
4.2.
l.
2.
3.
l.
2.
Access and Service Streets
Access shall be located to the specification of Council so as to ensure the greatest possible
convenience and safety of the street system.
Council may prescribe the construction of service streets to reduce the number of accesses
to collector and arterial streets.
No vehicular access shall be closerthan 10 metres to the street line of any street
intersection.
Accessory Buildings
May be located on the same lot as the main building(s) to which it is accessory; or on an
abutting lot, where both lots arc under the same ownership.
The siting of an accessory building on a lot shall, where possible, be located in a rear yard,
or in a sideyard where it does not project in from of the building line. However, accessory
buildings may he permitted in a front yard where topography is such that placement in a
rear yard is not possible.
3.
No accessory building shall be developed so that it can be used as a room, fiat or apartment.
4. Accessory buildings shall be complementary with the main building in terms of exterior
finish, rootline and pitch.
4.3.
Accessory Uses Permitted
Where these Regulations provide for any land to be used, or building to be erected or used
for a purpose, the purpose shall include any accessory use. Such uses shall be clearly
incidental and complementary to the use of the main building and be contained on the same
Jot as the main building or an adjoining lot where both lots are under the same ownership.
4.4.
Advertisements
Advertisements and signs shall not be erected or displayed except in accordance with
Section 6 of these Regulations.
4.5.
Alterations to the Natural Environment
Development proposals shall include plans for grading. ditching, and landscaping.
Significant alterations to the natural environment as part of a development (such as
changing the drainage pattern or removing vegetation) will be considered during the
evaluation of development proposals. Alterations which will adversely affect watercourses
or adjacent property as a result of alterations to watercourses, drainage or grading shall not
be permitted. Topsoil or sods shall not be removed except with the approval of Council.
4.6.
Archaeological Assessment
Where archaeological resources are known to exist, or where they are likely to exist based
on location or historical evidence, applications for development will be forwarded to the
Historic Resources Division, Department of Tourism, Culture and Recreation for review and
consideration under the Historic Resources Act. The Council or the Historic Resources
Division may require an archaeological assessment. This assessment must be reviewed by
the Historic Resources Division. The Council may apply conditions for the protection and
preservation of any archaeological resources.
Petty Harbour-Maddox Cove
Development Regulations 2014
4.7.
Bed and Breakfast Establishments
A "bed and breakfast" establishment in a single residential dwelling and where permitted
shall be subject to the following conditions:
a) the nature and scale of the proposed use is consistent with the adjoining development
and the use does not detract from the residential character of the neighbourhood;
b) a parking area abutting a residential lot shall be appropriately screened by a fence, wall,
or hedge of height not less than 1 metre and located a minimum distance ofl metre
from the edge of the parking area;
c) a single, non-illuminated, free-standing sign, not exceeding 0.4 m' in area, shall be
permitted, provided that the design of the sign is consistent with the residential
character and amenity of the area;
d) thatthe use is approved and licensed under the Tourist Establishment Regulations,
1996, administered by the Provincial Department of Tourism, Culture and Recreation.
4.8.
Buffer Strips
Where development is proposed that, in the opinion of Council, will have a visual impact on
a highway, viewscape or abutting land use, Council may require the owner of the site to
provide a separation buffer to screen the development. The buffer shall include provision of
such natural or structural barrier as may be required by Council and shall be maintained by
the owner or occupier to the satisfaction of the Council.
4.9.
Building Height
1. Council may permit the erection of buildings of a height greater than that specified in the
Use Zone Tables found in Regulations 8.5-8.12, but in such cases the building line setback
and rear yard requirements shall be varied as follows:
a) the building line setback shall be increased by 2 metres for every 1 metre increase in
height;
b) the rear yard shall not be less than the minimum building line setback calculated as
described in 4.9(1) above plus 6 metres.
2. Height requirements may be waived in the case of communication towers and antennae,
and flagpoles. Where an increase of more than 20% in the permitted height of the structure
is proposed it shall only be authorized under the provisions of Regulation 3.28 and 3.13.
4.10. Building Line and Setback
Council, by resolution, may establish building lines on an existing or proposed street or
service street and may require any new buildings to be located on those building lines,
whether or not such building lines conform to the standards set out in the Use Zone Tables
in Regulations 8.5 to 8.12.
4.11. Development in Areas Vulnerable to Flooding
1. Proposals for development of lands located within flood risk areas identified in the Goulds
Petty Harbour Area Flood Risk Mapping Project, 2013 by AMEC Environment and
Infrastructure (or any subsequent revisions) and included in Appendix B of the Petty
Harbour-Maddox Cove Municipal Plan 2014, are subject to the written approval of the
Minister of Environment and Conservation under the Water Resources Act.
2. Lands located in the designated floodway (1:20 year flood zone) are primarily meant for
conservation, docks, recreational open space. No residential development will be permitted
in the 1:20 year floodway.
3. In order to minimize personal and property damage, particularly within areas identified as
being in the floodway fringe (1:100 year flood zone), Council may require that soil
conditions be assessed by a competent professional and that certain classes of buildings
have been certified by a professional engineer.
4. 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 new development would be assessed.
4.12. Structure in the Flood Risk Areas
A structure in any identified Flood Risk Area can only be permitted where:
a) the ground flood elevation of the structure is higher than the 1in100 year flood level
and the climate change flood zone;
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;
c) the structure and the associated utilities have been designed and constructed in
accordance with the approved flood proofing guidelines established by the Department
of Environment and Conservation and entrances and exits from the buildings can be
safely used without hindrance in the event of a flood;
d) the proposed use of the building and site will not involve any storage of pollutants such
as fuels, chemicals, pesticides etc.; and
e) the development is in accordance with any additional conditions which may be set out
for the specific project and included in a permit issued under Section 48 of the Water
Resources Act.
4.13. Home Childcare
Childcare as a home occupation shall conform to the requirements of the Child Care Services
Act and Regulations. Where required. a license to operate shall be obtained from the
Department of Health and Community Services.
4.14. Home Occupation
The following conditions shall apply to the use of a dwelling for a home occupation:
a) the residence is occupied by the operator of the home occupation;
b) the use is clearly subsidiary to the residential use, does not alter the residential
character of the property, and does not detract from the residential character of the
neighbourhood. The external appearance of the dwelling shall not be changed by the
borne occupation;
c) there are no more than two assistant employees employed on-site in addition to a
resident of the dwelling;
d) not more than 25 percent of the total floor area of the dwelling to a maximum of 45 m'
is devoted to the home occupation;
e) one off-street parking space, other than that required for the dwelling, is provided for
every 22.5 1112 of floor space occupied by the borne occupation;
f)
no wholesale, outdoor storage of goods or equipment is carried out, any retail sales are
incidental and subsidiary to the approved use;
Petty Harbour-Maddox Cove
Development Regulations 2014
g) a single, non-illuminated, free-standing sign, not exceeding 0.4m' (4ft'} in area, shall be
permitted;
h) no change shall be made in the type, class or extent of the home occupation without a
permit;
i)
the use shall not generate traffic, parking, sewage or water use in excess of what is
normal in the residential area;
j)
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;
k) the residential lot has sufficient area to accommodate the parking requirement of the
dwelling unit and the home occupation.
4.15. Landscaping and Screening
1. All land except that used for customer parking and vehicle access shall be landscaped and
maintained by the owner or occupier to the satisfaction of Council.
2. 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 to
protect the environment
4.16. Lot Area
1. No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof
or otherwise, so that any building or structure on such lot shall have a lot coverage that
exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than that
permitted by these Regulations for the zone in which such lot is located.
2. Where any part of a lot is required by these Regulations to be reserved as a yard, it shall
continue to be so used regardless of any change in the ownership of the Jot 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.
4.17. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist
in any residential zone, with insufficient frontage or area to permit the owner or purchaser
of such a Jot or lots to comply with the provisions of these Regulations, then these
Regulations shall not prevent the issuing 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 Jess than the standards set out in these Regulations.
4.18. Lot Frontage
Except for accessory buildings, no new buildings shall be erected unless the Jot on which it
is situated fronts directly onto a street which has been constructed to standards established
by Council.
4.19. Mineral Exploration
Mineral exploration activities shall meet the following conditions:
a) the planned activities do not cause undue noise, significant ground disturbance or risks
to the safety of residents in Petty Harbour-Maddox Cove;
b) a plan to consult with and inform residents of the activity is submitted and approved by
Council;
c) all permits and approvals from federal and provincial agencies including the
Department of Natural Resources have heen obtained;
d) a site rehabilitation plan is submitted and approved by Council for exploration activities
which require trenching and/or creation of cutlines through wooded areas, or other
forms of ground disturbance; and
e) a refundable cash deposit of $1000.00 has been made to Council which shall be returned
when the rehahilitation work has been completed in accordance with the development
permit and to the satisfaction of Council.
4.20. Municipal Public Works, Utilities and Telecommunications
The Council may within any zone permit land to be used in conjunction with the provision
of public services, utilities and telecommunications.
4.21. Non-Conforming Uses
Applications involving non-conforming uses shall be processed in accordance with Section
108 of the Urban and Rural PlanningActandRegulations 3.31-3.33 of these Regulations. !fa
non-conforming uses ceases to exist for a period of more than twelve months, new uses for
the property and any buildings must conform to the requirements of the land use zone in
which it is located.
4.22. Parks, Playgrounds and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zone provided that such parks and
playgrounds are not located in areas which may he hazardous to their use and are not
operated for commercial purposes.
4.23. Side Yards
Side yards shall be kept clear of obstruction and shall be provided on the exposed sides of
every building in order to provide access for the maintenance of that building.
4.24. Slopes Greater than 150/o
Before approving development of a site having a slope greater than 15%, the Council shall
require submission of a review of the development proposal by a certified engineer,
landscape architect, or similar professional. The review shall evaluate the adequacy of site
grading, drainage, and landscaping in relation to storm drainage, erosion onto and flooding
of adjacent development, roads, lands and waterbodies receiving run-off from the site, and
any other matter that Council deems necessary.
4.25. Soils and Drainage
Development shall only be permitted on lands having soil and drainage conditions that are
suitable to permit the proper siting and development of the proposed uses.
Petty Harbour-Maddox Cove
Development Regulanons 2014
4.26. Soil Removal, Deposit and Site Grading
1. Removal or placement of soil or other material, or alteration to the natural grade or
drainage of a property which adversely affects a watercourse or adjacent property shall not
be permitted.
2. Alteration of hillsides with slopes greater than 30% through the deposition of fill or by
excavation, whether for the purposes of creating land suitable for development or not,
regardless of land use zone, shall be prohibited.
3. Where not part of an approved development, any land disturbance involving the removal,
deposition or grading on a property affecting more than 25 square meters in area shall
require application, review and approval by the Town and show the full extent of
disturbance that is intended. Council may require a developer to assess geotechnical
aspects, visual and environmental impacts, as well as impacts on adjoining properties; and
4. Where alterations to the landscape are approved, financial guarantees may be required to
ensure adequate site rehabilitation and/or landscaping.
4.27. Watercourse Protection
1. No development shall be permitted within 15 metres of the high water mark of any body of
water or wetland without approval from the Department of Environment and Conservation
and, if fish habitat is affected, from Fisheries and Oceans, Canada. Council may require
larger buffer areas around watercourses where identified flood plains, steep slopes or
unstable soil conditions (for example) could result in damage to watercourses and wildlife
habitat as a result of development. For the purposes of assessing applications in areas
known to be at risk of flooding, the high water mark is considered to be the 1:100 year flood
level.
2. Council shall require that water crossings, bridges, culverts, stream diversions and
stormwater management devices are planned, designed and constructed so as to ensure
that fish habitat and passage is preserved, protected, and where possible, enhanced.
4.28. Water Pressures/Fire Flows
Development may be refused where water pressures and fire flows cannot be guaranteed.
4.29. Groundwater Protection
Development in areas not serviced by the municipal water and sewer system will be
required to assess groundwater quantity and quality in accordance with the Provincial
Department of Environment and Conservation Groundwater Supply Assessment and
Reporting Guidelines for Subdivisions Serviced by Individual Private Wells, 2009.
4.30. Public Access to Shorelines
Proposed development adjacent to the coastline where permitted shall be required to
preserve any public access or right of ways to the shoreline.
4.31. Protection of Community Trails and Footpaths
Proposed development or the use of public right of way for access to private property, shall
not be permitted where it would block or prevent the use of traditional footpaths, whether
on private or public property by pedestrians. New development may be required to provide
a separation buffer between a proposed development and existing trail, pathway or public
right of way.
5.1.
Parking Required
For every building, structure or use to be erected, enlarged or established, there shall be
provided and maintained a quantity of off-street parking spaces sufficient to ensure that the
flow of traffic on adjacent streets is not impeded by the parking of vehicles associated with
that building, structure or use.
5.2.
Parking Spaces
The number of parking spaces to be provided for any building, structure, use or occupancy
shall conform to the standards set out in table below. Parking requirements for uses not
specifically listed below shall be determined by Council.
Single detached, double dwelling, row dwelling
Apartment dwelling
Tourism Accommodation
Home Based Occupation
Residential Care/Retirement Home
1 space per unit
1 space per unit
1 space per guest room
1 space In addition to that
required by the residential use
Z spaces + 0.5 spaces per resident
The number of parking spaces required for commercial, industrial, general and public uses
shall be determined at the discretion of Council.
5.3.
Parking Area Design Standards
5.4.
1.
Parking areas or parking lots associated with a development requiring more than four
parking spaces will meet the following standards:
a) no part of any off-street parking area shall be closer than 1.5 metres to the front lot line
in any zone;
b) parking standards to accommodate persons with disabilities shall meet the requirement
of the Buildings Accessibility Act and Regulations; and
c) parking areas shall, except in the case of single or attached residential dwellings, be
arranged so that it is not necessary for any vehicle to reverse onto or from a street.
Off-Street Loading Requirements
For every building, structure or use to be erected, enlarged or established requiring the
shipping, loading or unloading of goods, wares or merchandise, there shall be provided and
maintained for the premises, loading facilities on land that is not part of a street comprised
of one or more loading spaces, 15 metres long, 4 metres wide and having a vertical
clearance of at least 4 metres with direct access to a street or with access by a driveway of a
minimum width of 6 metres to a street.
2. The number of loading spaces to be provided shall be determined by Council.
3. The loading facilities required by this Regulation shall be arranged so that vehicles can
move clear of any street and so that it is not necessary for any vehicle to reverse onto or
from a street.
Petty Harbour-Maddox Cove
Development Regulatioru; 2014
-
6.1.
Permit Required
Subject to provisions of Regulation 6. 7, no sign shall be erected or displayed in the Planning
Area unless a permit for the sign is first obtained from Council.
6.Z.
Provincial Highway Sign Regulations
All signs or advertisements to be erected within the boundaries of the Town of Petty
Harbour-Maddox Cove must be approved in accordance with these Regulations. Where
provisions of the Town of Petty Harbour-Maddox Cove Development Regulations are
inconsistent with the regulations respecting advertising signs on or near public highways
made or administered by provincial departments under the Provincial Highway Sign
Regu/atians, the more restrictive regulations apply.
6.3.
Form of Application
Application for a permit to erect or display a sign shall be made to Council in accordance
with Regulation 3.1 and 3.6.
6.4.
Signs Prohibited in Street Reservation
Unless otherwise permitted by these or other regulations (Highway Sign Regulations,
Provincial Highway signs for example) no sign shall be permitted to be erected or displayed
within, on or over any highway or street reservation.
6.5.
Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of a sign shall be for a
period not exceeding two years, but may be renewed at the discretion of Council for similar
periods.
6.6.
Removal of Signs
Notwithstanding the prm~sions of these Regulations, Council may require the removal of
any sign 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.
6.7.
Signs Exempt from Control
The following signs may be erected or displayed in the Planning Area without application to
the Council:
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 hoard not exceeding 1 m2 in area and
relating to the operations being conducted on the land;
c) on any site occupied by a church, school, library, art gallery, museum, institution or
cemetery, one notice board not exceeding 1 m' in area;
d) the name of the building or the name of the occupants of the building, located on the
principal fa~ade of any commercial, industrial or public building, in letters not
exceeding 10% of the building height or 3m, whichever is the lesser;
e) on any parking lot, directional signs and one sign not exceeding 1m' in size, identifying
the parking lot;
f)
real estate sales, leasing or open house signs up to a maximum area of lm';
g) signs placed by candidates at municipal, provincial or federal elections;
h) signs for temporary local events such as festivals, from one month before tbe event and
to be removed within one week of its conclusion;
i]
temporary signs on construction sites warning of danger and or outlining the nature of
the development up to a maximum area of7.Sm2-
6.8.
Approval Subject to Conditions
A permit may only be issued for the erection or display of signs which comply with the
appropriate conditions and specifications set out in the following regulations and the Use
Zones in Section 8 of these Regulations.
6.9.
Prohibited Signs
Billboards, signs with flashing lights or moving parts or any sign not listed in Regulation
6.11 will not be permitted.
6.10. General Standards for Signs
1. All signs must be located on the property where the person/activity /business being
advertised is located unless otherwise permitted in these Regulations.
2. Signs in all zones must be maintained in good condition (e.g. no peeling paint, rotting wood,
etc.) and shall not present a safety hazard in terms of structural stability.
6.11. Sign Specifications
The following tables outline the specifications that shall apply to all signs erected for any
commercial use. At the discretion of Council, the conditions and dimensions in the following
table may be modified.
Location
Property
Maximum
Location
Property Type
Maximum
Type
Dimension
Dimension
Along
Non-
3 rni
Along
Non-residential
3 m'
Main Road
residential
Main Road
Roads other
2800 cm'
Along Maddox
than the
Residential
Non-residential
3 m2
main road
(non-illuminated)
Cove Road
2800 cmi
Other Roads
Residential
(non-
illuminated
Location
Property
Maximum
Location
Property
Maximum
Type
Dimension
Type
Dimension
Non-
Residential
On-site
residential
Sm2
On-site
or Non-
5 m'
residential
Petty Harbour-Maddox Cove
Development Regulations 2014 -$-
7.1.
Permit Required
No land in the Planning Area shall he suhdivided unless a permit for the development of the
subdivision is first obtained from Council, in accordance with Regulation 3.1.
7.2.
DevelopmentAgreement
As a condition of approval for new developments, Council shall require a developer to enter
into an agreement with the Municipality. Such agreements will be negotiated between the
developer and the Municipality for financing and development of services provided to the
site. The agreement shall include specifications for water and sewer infrastructure, storm
drainage, streets, sidewalks, open space, as well as school bus stops and neighbourhood
mailboxes, where required.
7.3.
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 system and a properly designed storm drainage system.
7.4.
Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by Council for connection to services, utilities and
streets deemed necessary for the proper development of the subdivision and all service
levies and other charges imposed under Regulations 3.17 and 3.18.
7.S.
Issue of 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 municipality and does not
demonstrate sound design principles. In considering an application, Council shall, withoot
limiting the generality of the foregoing, consider:
a) the location of the land;
b) the availahility of, and the demand created for, schools, services and utilities;
c) the provisions of the Plan and Regulations affecting the site;
d) the land use, physical form and character of adjacent developments;
e) the transportation network and traffic densities affecting the site;
f)
the relationship of the project to existing or potential sources of nuisance;
g) soil and subsoil characteristics;
h) the topography of the site and its drainage;
i]
natural features such as lakes, streams, topsoil, trees and shrubs;
j) prevailing winds;
k) visual quality;
I)
community facilities;
m) energy conservation; and
n) other matters as may affect the proposed development.
7.6.
Proposals for Subdivision of Land
Proposals for the subdivision of lands for residential, commercial and industrial
development sball be required to provide information on:
a) the physical features of the site, including development opportunities and constraints;
b) the layout of proposed lots and streets;
c) how the proposed subdivision relates to existing development and roads on adjacent
lands, and provide for future access to undeveloped lands in the area;
d) the compatibility between the suhdivision and surrounding land uses, both existing and
future;
e) the volume and type of traffic that will be generated by tbe development;
f)
proposed servicing, including water and sewer, storm water management, and utilities
from the main street;
g) in residential subdivisions, the locations of neighbourhood mail boxes; and
h) a landscaping plan which shows the location of dedicated open space and plantings.
7.7.
Form of Application
Application for a permit to develop a subdivision shall be made to Council in accordance
with Regulation 3.6.
7.8.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only.in conformity with the Use Zones delineated
on the Land Use Zoning Maps.
7.9.
Building Lines
Council may establish building lines for any subdivision street and require any new building
to be located on such building lines.
7.10. Land for Public Open Space
1. Before a development commences, the developer shall, if required, dedicate to the Town (at
no cost to the Town) an area ofland equivalent to not more than 10% of the gross area of
the subdivision for public open space, provided that:
a) where land is subdivided for any purpose other than residential use, Council shall
determine the percentage of land to he dedicated;
b) 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;
c) the location and suitability of any land dedicated under the provisions of this Regulation
shall be subject to the approval of the Council, but in any case, Council shall not accept
land wbich, in its opinion, is incapable of development for any purpose;
d) 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;
e) money received by Council in accordance with Regulation 7.lO(ld) shall be reserved by
Council for the purpose of the acquisition or development of land for public open space
or other public purpose.
2. Land dedicated for public use in accordance with this Regulation shall he 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
Petty Harbour~Maddox Cove
Develop1nent Regulations 2014
disposition ofland shall be applied against the cost of acquisition or development of any
other land for the purposes of public open space or other public purposes.
3. Council may require a strip ofland to be reserved and remain undeveloped along the banks
of any river, brook or pond, and this land may, at the discretion of Council, constitute the
requirement ofland for public use under Regulation 7.10(1).
7.11. Structure in Street Reservation
The placing within any street reservation of any structure or landscaping, for example, a
hydro pole, telegraph or telephone pole, fire hydrant, mail box, sign post or planting of
street trees) shall receive the prior approval of Council which shall be satisfied on the
question of safe construction and relationship to the adjoining buildings and other
structures within the street reservation.
7.12. Subdivision Design Standards
No permit shall be issued for the development of a subdivision unless the design of the
subdivision conforms to the following standards;
a) the finished grade of streets shall not exceed 10 percent.
b) new subdivisions shall have street connections with an existing street or streets.
c) all street intersections shall be constructed within 10° of a right angle and this
alignment shall be maintained for 30 metres from the intersection.
d) no street intersection shall be closer than 60 metres to any other street intersection.
e) no more than four streets shall join at any street intersection.
f)
no residential street block shall be longer than 490 metres between street intersections.
g) 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:
Collector Street
Street Right-of-Way:
Street Width:
Minimum Sidewalk Width:
Number of Sidewalks:
20 metres
9 metres
1.5 metres
2
Local Street
Street Right-of-Way:
Street Width:
Minimum Sidewalk Width:
Number of Sidewalks:
15 metres
?metres
1.5 metres
1
h) residential lots shall not be permitted which abut a local street at both front and rear lot
lines.
i)
Council may require any existing natural, historical or architectural feature or part
thereof to be retained when a subdivision is developed.
j) land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
7.13. Cul de Sacs
Cul de sacs will generally be discouraged. Where permitted the following design standards
are required:
a) a turning circle of a diameter not less than 30 m;
b) the maximum length of any cul de sac shall be:
i)
110 m (withoot emergency vehicle access}
ii} 230 m (with emergency access)
c) emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall
connect the head of the cul de sac with an adjacent street.
7.14. Engineer to Design Works and Certify Construction Layout
1. Plans and specification 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 Engineer. Such designs
and specifications shall, upon approval by Council, be incorporated in the plan of
subdivision.
2. Upon approval by Council of the proposed subdivision, the Engineer shall certify all work of
construction layout preliminary to the construction of the works and thereupon the
developer shall proceed to the construction and installation, at his or her own cost and in
accordance with the approved designs and specifications and the construction layout
certified by the Engineer, of all such water mains, hydrants, sanitary sewers and all
appurtenances and of all such streets and other works deemed necessary by Council to
service the said area.
7.15. 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, he deferred
until a later stage of the work on the development of the subdivision but the developer shall
deposit with the Authority before approval of his or her application, an amount estimated
by tbe Engineer as reasonably sufficient to cover the cost of construction and installation of
the works. Any amount so deposited with the Authority by the developer shall be placed in
a separate savings account in a bank and all interest earned thereon shall be credited to the
developer.
Petty Harbour-Maddox Cove
Development Regulations 2014
7.16. Transfer of Streets and Utilities to the Town
1. Where required by the terms of a Subdivision Development Agreement, the developer shall,
following the approval of the subdivision of land by Council, transfer to the Town, at no cost
to the Town:
a) all lands in the area proposed to be developed or subdivided which are approved and
designated by Council for public uses as streets, or rights-of-way, or for other public
use;
b) all services or public works including streets, water supply and distribution and
sanitary and storm drainage systems installed in the subdivision that are normally
owned and operated by Council.
2. Before Council shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets, services and
public works installed in the subdivision and certify satisfaction with their installation.
3. 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.
4. All land to be transferred to the Town shall be clear of all liens and encumbrances.
7.17. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes
of development and no building permit shall be issued until Council is satisfied that:
a) the lot can be served with satisfactory water supply and sewage disposal systems; and
b) satisfactory access to a street is provided for the lots.
8.1.
Use Zones
1. Forthe purpose of these Regulations, the Planning Area is divided into Use Zones which are
shown on the Petty Harbour-Maddox Cove Land Use Zoning Map (Appendix A) which
forms part of these Regulations as follows:
Heritage Area
HA
Residential
RES
Harbourfront
H
Commercial-Industrial
C-1
Rural
RU
Open Space Conservation
OS
Recreation
REC
Watershed
W
2. Subject to Regulation 8.1(1), the permitted and discretionary uses, standards, requirements
and conditions applicable to each Use Zone are set out in Section 8.5 to 8.12.
3. Where standards, requirement~ and conditions applicable in a Use Zone are not set out in
Sections 8.5 to 8.12, Council may in its discretion, determine the standards, requirements
and conditions which shall apply.
4. Appendix C contains a table listing classes of uses and examples of specific uses for each
use class can be used to interpret a proposed use and determine whether it is permitted,
discretionary or prohibited in the applicable use zone.
8.2.
Interpretation of Use Zones
Where possible the boundaries of the use zones follow identifiable features such as streets,
watercourses, and coastline. Where there is any uncertainty concerning the zoning of a
property proposed for development, Council may interpret the exact location of the zoning
boundary in a manner that is consistent with the intent and policies of the Municipal Plan
without amendment to the Land Use Zoning Map.
8.3.
Permitted Uses
Subject to these Regulations, the uses that fall within the permitted Use Classes set out in
the Use Zones in Sections 8.5 to 8.12 shall be permitted by Council in that Use Zone.
8.4.
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out
in the appropriate Use Zone in Sections 8.5 to 8.12 may be permitted in that Use Zone if the
Council is satisfied that the development would not be contrary to the general intent and
purpose of these Regulations, the Municipal Plan, or any further scheme or plan or
regulation pursuant thereto, and to the public interest, and if Council has given notice of the
application in accordance with Regulation 3.13 and has considered any objections or
representations which may have been received on the matter.
8.5.
Prohibited Uses
Uses that do not fall within the Permitted or Discretionary Use or Use Class, or are
specifically listed as a Prohibited Use in a Use Zone in Sections 8.5 to B.12, shall not be
permitted in that Use Zone.
Petty Harbour-Maddox Cove
Development Regulations 2014
8.6.1. Permitted Uses
Single dwelling an.<J_s_l_l!>.sidiary apartment ...
Double dwellin_g
Child care -----
Homeoffice
Recreational OJ>!'n space (parks, walking tr_a_i_ls~)~------
8.6.Z. Discretionary Uses
8.6.3.
Apartment hllil.clillllC!1.P_~ 6 unitsL __ ··· .
Assisted living accomm.~o~d=a~ti~· o~n~----
Row dwelling (up to 4 units)
----------
Home occupations including: Light industry such as manufacturing of crafts, art; medical and
professional service; Private School for teaching individuals or small groups including such
things as m.11.sJ..c, art or craft, but excluding. nursery or pre-school e.ducation.
Cultural and civic
Educational
General Assembly
Place of worship
Bed and breakfast
Inn
Convenience store
Office and professional servJ..£~.---·····--
Restaurant
Medical service
Personal service
Sho --·····---------
Light industrx..(11:1arine~·-· . --·-
Utilities
Telecommunication Structures and Antenna
Minimum setback
Maximum building
hei ht
12 m (see also Section 8.6.4)
2m
Or consistent with adjoinin
1.Sm
3m
8 m 6mas er Section 8.6.4
Bm
2m
3m
Sm
Sm
3m
8m
lOm
Discretion
of Council
8.6.4. Development/Redevelopment of Existing Lots
Proposal for development of vacant lots that exist at the time these regulations come into
effect, or for development/redevelopment of existing developed lots may be considered,
where the lot size and frontage are less than the minimum set out in Section 8.6.3, provided
that the development can meet the required setback and side yards set out in 8.6.3 and a
rear yard that is no less than 6m.
8.6.5. Flood Risk Areas
Proposals for development within the identified flood risk areas shall be in accordance with
Regulation 4.1land4.12 of these Regulations.
8.6.S. Backlot Development
Notwithstanding Regulation 4.18 of these Regulations, the following standards and
conditions shall apply to the development of flag lots, or backlots:
a) All backlots shall have a permanent and direct access to a publicly maintained street
which is included in the Town's Limit of Servicing Agreement;
b) No more than one dwellings shall be permitted to share an access and driveway;
c] Future development:
i)
The development of the lot would not prevent the use of adjoining lands for
future development. Where there is potential for additional development in the
area, the Jot and access shall be developed in a manner which will accommodate
future development. As such, the access to the public street to which the owner
much have clear title, shall be a minimum width of 12.2 metres to accommodate
future public use;
ii) Where there is no potential for future development, the access to the public
street shall be a minimum of 5 metres in width and shall be treated as a private
driveway;
iii) Where an access is proposed to be shared, the Authority will require a signed
agreement to be in place among those sharing the access prior to any approval;
d) Only single dwellings shall be permitted to develop on backlots;
e) The access to the Public Street is ditched on both sides to provide drainage to the public
street to which it has access;
f)
No dwelling shall be located more than 125 metres from a fire hydrant or from a public
street to which it has access;
g) Council shall refer all applications for the development ofbacklots to the Municipal Fire
Department for confirmation that adequate fire flows can be delivered to the site of any
proposed single dwelling before a development permit is approved;
h) The dwelling is separated from, and oriented, in a manner that does not adversely affect
the privacy and enjoyment of adjoining properties. Separation distances may be
required by the Authority as a condition for development.
8.6.6. Accessory Buildings
Accessory buildings shall have a lot coverage no greater than 7% and a height of no more
than 3 metres.
8.6.7. Servicing
Water and sewage disposal shall be provided by connection to the Town systems.
B.6.8. Commercial Uses
Commercial uses such as restaurants, convenience stores and shops will only be permitted
as a discretionary use under the following conditions:
a) The store shall be located on the main road, or at an intersection with the main road;
b) Parking, and building materials shall be similar in style and compatible with the
Heritage Area;
c) Shops selling craft products may be considered in locations off the main road.
Petty Harbour-Maddox Cove
Development Regulations 2014
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8.6.9. New Developments
The following conditions shall apply to new development in the Heritage Area Use Zone:
a) The size, scale, materials and colours of the new development shall be similar to those in
the surrounding area and follow the conditions set out in 8.5.11-8.5.16.
b) Strict building line requirements in the Heritage Area Use Zone may be varied at
Council's discretion, based on prevailing site conditions, surrounding development
patterns, and the setbacks of adjacent dwellings.
c) On-site parking requirements may be waived for development not located on the main
road, provided that the development can be assured of off-street parking adequate to
permit snow-clearing and customer parking.
d) Council will give notice and consult with area residents on development proposals.
Council will take into account input from the public in determining the conditions of a
new development's approval.
B.6.10. Additions, Renovations and Alterations
1. An existing structure that conforms to the architectural style of the Heritage Area Use Zone
may be expanded provided the changes are consistent with the style of the original building.
2. An existing structure that does not conform to the architectural style of the Heritage Area
Use Zone may be expanded provided the proposed changes bring the structure into
conformance, or more into conformance, and that the additions is consistent with the
architectural style of the original building
3. Any new building shall be visually compatible with the size, scale, colour, material, texture,
and character of the main building on the site, adjacent buildings and the overall character
and environment of the immediate area and the Heritage Area Use Zone as a whole.
4. Original architectural features which have deteriorated shall be repaired in the event
replacement is necessary, the new material shall match the material being replaced in
composition, design, colour, textures, and other visual qualities.
5. Contemporary design for changes to existing properties may be permitted when:
a) Such alterations and additions do not destroy character defining, historical,
architectural, or cultural material; and
b) Such design is compatible with the size, scale, colour, material, texture and character of
the property, neighbourhood, or environment
6. Non-original material may be used where the non-original material is similar in appearance
to the original and the traditional appearance of the building is maintained.
8.6.11. General Form and Scale
1. The scale of a structure after alteration, construction, or partial demolition must be
compatible with its architectural style and character, and with surrounding buildings and
structure.
2. The relationship of the width to the height of the principal fa~ade must be retained as close
as possible to the original.
8.6.12. Parking
Notwithstanding the requirements of Section 5 of these Regulations, parking requirements
in the Heritage Area Use Zone for uses that require parking for visitors or customers may be
reduced provided the applicant can demonstrate how parking can be accommodated, either
on·site or off-site, in a manner acceptable to Council.
8.7.t. Permitted Uses
Single dwelling ___
Double dwelling
Subsidiary apartment
Child care
Home office
Recreational open spa_~e(p~r_I~, \Vall~in_g_!ra_i)~
Conservation
e.1.2. Discretionary Uses
Apartment buildi11g
}tpvo:r.l\Velling
_Ms_i_s_tedliyl11g;ic£()1Jllll()cl<lti()ll
-------·-
8.7.3.
and civic
Educational
Home occupations including:
Bed and breakfast; medical, office and professional, and personal service; shop; light
industry
-------------·--·-----····-···
Convenience store
Medical service
Personal service
________________ J:afe_!!!!_d re~!'."!:!'ll~_(l_i1J1ite,cito]01J1 2l _
Office and professional service
Utilities
Telecommunication Structures and Antenna
1-bed
2-bed
3·bed
4·bed
Minimum lot area (m2)
450
390/unit
350/unit
200/
250/
280/
300/
unit
unit
unit
unit
Minimum floor area (m2)
80
80/unit
65/unit
40/
SO/
60/
70/
unit
unit
unit
unit
Minimum lot frontage
15m
15m
12/unit
42m
(average)
Minimum setback
6m
6m
6m
Sm
Minimum side yard
1.5 m
1.5 m
1.5 m
Sm
Minimum flanking yard
6m
6m
6m
6m
Minimum rear yard
10 rn
10 rn
10m
12 m
Maximum lot coverage
33%
33%
33%
33%
Maximum building height
Sm
Sm
10m
10 rn
8.7.4. Accessory Buildings
Accessory buildings shall have a lot coverage no greater than 7%, up to a maximum size of
70 m' .. and a height of no more than 4 metres.
B.7.5. Servicing
1. Council shall ensure that the impacts of proposed new development projects on the Town's
water, storm water and wastewater treatment systems are assessed.
Petty Harbour-Maddox Cove
Development Regulations 2014
2. New developments may be refused where it has been determined that there is insufficient
water or sewage capacity to accommodate the development.
8.7.6. New Development along Motion Bay Road Extension
The following conditions shall apply to development proposed beyond the 2012 limits of
the publicly maintained portion of Motion Bay Road Extension:
1. Only one additiooal dwelling may be permitted to be constructed on the west side of the
existing public right of way immediately beyond the last existing dwelling on the street;
2. Additional development on the east side of the public right of way shall be limited to
two additional accesses immediately beyond the last existing dwelling on the street.
3. Motion Bay Road Extension shall be upgraded across the full frontage of the proposed
lot to Town standards and serviced with Town water, and where possible, connection to
Town sewer;
4. A grading plan for the development is submitted for approval showing the extent of cut
and fill, the current and finished grade in relation to the proposed dwelling. abutting
properties and the street;
5. Subdivision development to the east of Motion Bay Road may be considered where the
development proposes a new street with access to Motion Bay Road Extension, serviced
with piped water and piped sewer service (where possible). Such development will be
subject to the requirements of these Regulations for subdivision development and must
include a grading plan prepared by a professional engineer.
8.7.7. Non-residential Uses
Non-residential uses such as convenience stores and other retail and service businesses will
only be permitted as a discretionary use under the following conditions:
a) The use shall be located on the main road, or at an intersection with the main road;
b) The retail use shall be designed to complement the residential character of the area,
and shall not affect residential amenities of adjoining properties by virtue of the
placement of parking, lighting or hours of operation.
8.7.8. Subdivision Development - Maddox Cove
Expansion of residential development in Maddox Cove north of the ball field to the Town
boundary shall be permitted on the basis of a plan of subdivision approved by Council.
Development in this area shall be serviced from the municipal water and sewer system and
include pedestrian trails, protection of natural features and waterways consistent with the
policies of the Municipal Plan.
Council shall ensure that adequate capacity exists in the water and sewer system to
accommodate the development prior to issuing any approvals.
8.8.1. Permitted Uses
Bed and breakfast
Outdoor market
Cultural and civic
------------------------------------------------------
Jl.est<t.11.i:.anL _____________ _
Museum
Ge111lr_a_I_ ass_em !& __
General Industry
__ 1iglt_t In_d,,,,_us"-'try:=.L ___________ _
_ M....,a_.,ri"'n,,,ac__ ______________
T_,,_r,_,a,_,n,,,.sportatio_11.(W!t<1_1}'es and docks)
Recreational open _-p·-_.,,__ ----------------------------- _
8.8.2. Discretionary Use
Single family dwelling (limited to existing}
.. f!~-~ .. ~!!~JQ.~i~...
Convenience store
Shop
Take-out food service
...... ______ ------------------------·
_ I1t<!<l()X rn,,,a,_,_r,_,ke"'t,__ ________________________ _
Hotel
General service
-======~-----. ·-----"---"
Medical service
Office and professional service
Passenger assem_bly__
__ __________________________________________ I<tJ<.i .. ~t_a11_<!
Utilities
Telecommunication Structures and Antenna
8.8.3. Prohibited Uses
'fernporary_ accommod_a_tl()ns
8.8.4. Access to the Harbour
Proposed development adjacent to the harbour, where permitted, shall be required to
preserve existing access and parking.
8.8.S. Residential Developments
Residential development in the Harbourfront Use Zone shall be limited to existing
residential uses. Additions or extensions of existing residential developments may be
permitted at the discretion of Council. New residential development shall not be permitted
in the Harbourfront Use Zone.
8.8.6. Flood Risk Areas
Regardless of whether a development is listed as a permitted or discretionary use in this
land use zone, development located within the flood risk areas within this land use zone
shall only be permitted where they are in accordance with Regulations 4.11and4.12,
policies G-10 and Gll of the Petty Harbour- Maddox Cove Municipal Plan and the
provincial Flood Plain Policy. Development within the floodway will require approval by the
Water Resources Division, Department of Environment and Conservation.
The Climate Change 2050 Flood Risk Map in appendix D is provided for information.
Petty Harbour-Maddox Cove -
Development Regulat10ns 2014
8.9.1. Permitted Uses
Home office
-----··---..
Recreational op(!n sp~c~e~-----
8.9.2. Discretionary Uses
General service_ .....
Home occupatio~
.. _ .. _ ..................... ----
Indoor mark~e~t~-----~
Personal service
. Office and professional servjce_
Outdoor market
_ (;~nera(i11!111~t.r.,y_ __________ _
........... -
Light industry
Service station
==----
______
T_r_an~2_rtation
.... ____ _
Utilities
Telecommunication Structures and Antenna
....-...
·-·
8.9.3. Discretionary Use Classes
The discretionary use classes listed in this use zone table may be permitted if Council is
satisfied that the development will not have unacceptable impacts on residential areas or
dwellings in the area.
8.9.4. General Industry
The following conditions shall apply to industrial uses in this Use Zone:
1. The site shall be suitable for the proposed industrial use in terms of slope and vehicle
access.
2. The use shall not require municipal water and sewer services.
3. The use may be required to be screened from view, if in Council's opinion the use will
have an adverse visual impact on the built-up areas of the Town.
8.9.5. Service Stations
Automobile service stations and garages shall conform to the following conditions:
a) all gasoline pumps shall be located on pump islands designed for such purpose and to
which automobiles may gain access from either side;
b) pump islands shall be set back at least 4 metres from the front lot line;
c) a canopy for sheltering pump islands may be erected provided that no part of the
canopy is located within 3 metres of the street or lot line;
d) access points shall be at least 7 metres wide and shall be clearly marked; and
e) where a service station is located on a corner lot, the centre line of any access shall be at
least 15 metres from the centre line of the junction. The lot line between entrances shall
be clearly indicated.
8.10.1. Permitted Uses
Recreational OP"'1.space(low:t01P.a<:t_re£~'1t:lon, parks, walking trails)
Fores
8.10.2. Discretionary Uses
Agriculture
Outdoor assembly
General industry
MinC!!'!"J<pl()rf1!i()JI ................................. ..
Utilities
·····-··························
8.10.3. General Industrial Uses
-r~--------------
Cemetery
Outdoor market
Mineral working
Telecommunication Structures and Antenna
General industrial uses may be permitted by Council provided that:
1. The use is restricted to maintenance and repair of equipment, processing and storage
related to agriculture or forestry uses or landing and processing related to the fishery;
or
2. Council is satisfied that:
a) the proposed use is unsuitable for location in the Harbourfront Use Zone;
b) the use will not require municipal services, particularly town water and sewer;
c] the site is suitable for the proposed activity in terms of slope, vehicle access, and
servicing requirements;
d) the use will not have an adverse visual impact on the built-up areas of the Town or
any public road or Town on public trail, and Council may consider screening to
mitigate such an impact so that the site is not visible from public roads, trails and
the built-up area;
e) the use can be developed and used in a manner which takes account of the scenic
view from the Maddox Cove Road and the Regional Plan policies for the Road;
I) the use will not generate an unacceptable increase in traffic on roads in the built-up
areas of the Town; and
g) the site can be developed and the use carried out without negative impact on the
natural environment and amenities of the Town, including wastercourses and
ponds.
8.to.4. Mineral Workings
All mineral workings, including pits quarries and mines shall be subject to the requirements
of the appropriate permit. lease or licence issues by the Mineral Lands Division, Department
of Natural Resources, for development, operation, decommissioning and rehabilitation.
Where not addressed in an applicable provincial permit, lease or licence, mineral workings
shall meet the following requirements of the Council:
1. Screening - A huff er shall be required to screen mineral workings visible from a public
street. A buffer may consist of a 30 metre wide tree screen, a landscaped berm or as
required by Council. Council may waive the requirement for a buffer where natural
topography creates a visual screen between mineral workings and adjacent public
highways and streets.
Petty HarbourMMaddox Cove
Development Regulatlons 2014
2. Fencing- Council may require the mineral working site or excavated area of a pit or
quarry working to be enclosed by a fence designed and constructed to its specifications
and no less than 1.8 metres in height.
3. Water Pollution - No mineral working or extraction activity shall be permitted within
50 metres of a waterbody or watercourse.
4. Water Ponding - No mineral working shall result in the excavation of areas below the
level of the water tahle or in any way cause the accumulation or ponding of water in any
part of the site. Settling ponds may be permitted with the approval of the Department
of Environment and Labour.
5. Site Maintenance - The mineral working shall be kept clean of refuse, abandoned
vehicles, and abandoned equipment and any derelict buildings.
6. Access Roads -During extended periods of shutdown, access roads to a mineral
working shall be ditched or barred to the satisfaction of Council.
7. Stockpiling Cover Material -All stumps, organic material and topsoil, including the
rusty coloured and iron stained layer, shall be stripped and stockpiled at least 5 metres
from uncleared areas and 10 metres from active quarry or stockpile areas. The owner
or operator shall ensure that the quantity of the topsoil is not affected by dilution with
other materials.
8. Termination and Site Rehabilitation - 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 he graded to slopes less than 20 degrees 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
and the area bydroseeded; and
d) the access road to tbe working shall be ditched or barred to the satisfaction of
Council.
9. Separation from Adjacent Uses - Unless Council is satisfied that the working 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:
Existing or proposed Residential Development
-
where no blasting is involved
-
where blasting is involved
Any other developed area or area likely to be
development during the life of the pit or quarry
Public highway or street
Protected Road
Waterbody or watercourse
300 metres
1000 metres
150 metres
50 metres
90 metres
50 metres
8.11.1. Permitted Use
Conservation
. Recreational open space (parks and walking trails)
8.11.2. Discretionary Uses
Utilities
Telecommunication Structures and Antenna
~=c=-'=-~~~~~~~~~~~~~~~.:..=~~
8.11.3. 2-8 Main Road, Maddox Cove
The structure located at 2-8 Main Road in Maddox Cove is recognized as a non-conforming
use with the Open Space Conservation Use Zone. The dwelling may be used as tourist
accommodation or other commercial use that caters to the tourist trade, but shall not be
altered to increase the building footprint.
Petty Harbour-Maddox Cove
Development Regulations 2014
s.12.1. Permitted Uses
ge~re_ational open space :.Playing fields, sports grounds, parks, playgrounds
-":gri.culture (communityg<t~cl~ll)
0.12.2. Discretionary Uses
.. Indoor assembly
Take out food service
Utilities
······· ~---
e.12.3. Discretionary Use Classes
Q11tdoor assembly
Telecommunication Structures and Antenna
··············-
- - -- .
The discretiona1y use classes listed in this table may be permitted provided that they are
accessmy to uses within the permitted use classes
8.13.1. Permitted Uses
Conservation
Recreational open space (parks and walking tr<1l1~.L ...
8.13.2. Discretionary Uses
Utilities
8.13.3. Prohibited Uses
Telecommunication Structures and Antenna
-- --- -- -------
"
- --- -- -------
No permanent buildings or structures shall be permitted within this use zone except those
necessary for the operation and maintenance of the municipal public water supply.
Petty Harbour-Maddox Cove
Development Regulatrnns 2014
Land Use Zoning Map
Provincial Development Regulations
Newfoundland Regulations 3/0 I Development Regulations Under the Urban and Rural Planning Act.
:woo.
Published by Authority
NEWFOUNDLAND REGULATION 3/01
De:velopment Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural
Planning Act, 2000, I make the following regulations.
Dated at St. John's, January 2, 2001.
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
I. Shon lid-
2. Definitions
3. Applicalion
4. tnterpretellion
S. Notice of right to oppcal
6
Appeal requirements
7. Appeal registration
Analysis
8. 0..elopment prohibited
9. Hearing notice and meetings
I 0. Hearing of evidence
11. Board decision
12. Variances
13. No4iceofvarianoc
14. Residcntiat non conformity
Shantir~
Ddit1itions
Application
Di!Velopment Regulations
I 5. No1'"' and hearina,s on
change of use
16. Non-conformance with
standanls
17. Discontinuance of non-
conforming use
t 8. Delegation of powers
19. Commencement
JIO/
I. These regulations may be cited as the Dl!Veiopment Regulations.
'.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.
J. (I) 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 thes.e regulations and
development regulations or other regulations of an authority, these
regulations shall apply.
(3) Where another Act of the province provides a right of appeal
to the board, these regulations shall apply to that appeal.
4. (I) 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
Development Regulall'ons
JIOI
(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, carpons, 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 induS1rial 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 structul'es above a roof;
(e) "building line" means a line established by an authority that
runs parallel to a street line and is set at the closest point to a
street that a building may be placed;
(f) "discretionary use" means a use that is listed within the
discretionary use classes established in the use zone tables of
an authority's development regulations;
(g) "established grade" means,
3
Development Regu/ati011S
3101
{i) where used in reference to a building, the average
elevation of the finished surface of the ground where it
meets the exterior or the front of that building exclusive
of any artificial embankment or entrenchment, or
(ii) where used in reference to a structure that is not a
building, the average elevation of the finished grade of
the ground immediately surrounding the structure,
exclusive of any artificial embankment or entrenchment;
(h) "floor area" means the total area of all floors in a building
measured to the outside face of exterior walls;
{i) "frontage" means the horizontal distance between side lot
lines measured at the building line;
G) "lot" means a plot, tract or parcel of land which can be
considered as a unit of land for a particular use or building;
(k) "lot area" means the total horizontal area within the lines of
the lot;
(I) "lot CDverage" 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-confonning use" means a legally existing use that is
not .listed as a pennitted or discretionary use for the use
zone in which it is located or which does not meet the
development slandards 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) "pennitted use- means a use that is listed within the
permitted use classes set out in the use zone tables of an
authority's development regulations:
(p) "prohibited use" means a use that is not listed in a use zone
within the pennitted use classes or discretionary use classes
4
Development Regulations
)101
or a use that an authority specifies as not pennitted 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 pan 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 ofadvertisements;
(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 pennitted on a lot;
(w) "use zone" or "zone" means an area of land including
buildings and water designated on the zoning map to which
the uses, standards and e-0nditions of a particular use zone
table apply;
(x) 'variance" means a departure, to a maximum of 10% from
the yard, area, lot coverage, setback, size, height, frontage or
any other numeric requirement of the applicable Use Zone
Table of the authority's regulations; and
(y) "zoning map' means the map or maps attached to and
fonning a part of the authority's regulations.
(2) An authority may, in its discretion, determine the uses that
may or may not be developed in a use zone and those uses shall be
5
Development Regulations
J/01
listed in the authority's regulations as discretionary, permitted or
prohibited uses for that area.
s. Where an authority makes a decision that may be appealed
under section 42 of the Act, that authority shall, in writing, at the time
of making that decision, notify the person to whom the decision applies
of the
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
( c) right of other interested persons to appeal the de<:ision; and
(d) manner of making an appeal and the address for the filing of
the appeal.
6. ( l) The secretary of the board at the Department of Municipal
and Provincial Affairs, Main Floor, Confederation Building (West
Block), P.O. Box 8700, St John's, Nlld., AIB 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 beeii tiled with the appropriate board.
(2) Notwithstanding subsection (I), where the City of Comer
Brook, City of Mount Pearl or City of St. John's appoints an appeal
board under subsection 40(2) of the Act, an appeal shall be filed with
the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to
the board that hears the decision being appealed by filing it with the
secretary referred to in subse<:tion (l) 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.
(S) 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.
6
Developmel!I Regulalf()llS
J/01
7. (I) Upon receipt of an appeal and fee as required under the Act
A,,...i ,.8;,..uo,
and these regulations, the secrelary of the board as referred to in
subsections 6(1) and (2), shall immediately register the appeal.
Hwing notice and
meetings
(2) Where an appeal has been registered the secretaiy of the
board shall notify the appropriate authority of the appeal and shall
provide to the authority a copy of the appeal and the documentatioo
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 reeeipt of the information under subsection (3), the
secrecary of the board shall publish in a newspaper circulated in the
area of the appropriate authority, a notice that the appeal has been
registered.
(S) 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.
8. (I) 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 I 02 and I 04 of the Act apply to an authority acting
under subsection (l ).
(3) Upon receipt of a notification of the registration of an appeal
with respect to an order under section l 02 of the Act, an authority shall
not carry out work related to the matter being appealed.
9. (!) 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 neeessaiy to conduct its
work in an expeditious manner.
7
Development Regulatiom
JIO/
10. (I) A board shall meet at a place within the area under its
Heannc of<vidmto
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.
Board decision
(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.
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.
12. (I) Where an approval or permit cannot be given by an authority
because a proposed development does not comply with development
standards set out in development regulations, an authority may, in its
discretion, vary the applicable development standards to a maximum of
10% if, in the authority's opinion, compliance with the development
standards would prejudice the proper development of the land, building
or structure in question or would be contrary to public interest.
(2) An authority shall not allow a variance from development
standards set out in development regulations if that variance, when
considered together with other variances made or to be made with
respect to the same land, building or structure, would have a cumulative
effect that is greater than a 10"/o 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.
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 ofthe land that is the subject of the variance.
8
De:velopme11t Regulations
JIOI
14. A residential building or strucl\lre referred to in paragraph
Rcsidaui~ ,..,
108(3){g) of the Act must, where being repaired or rebuih, be repaired
coarormily
or rebuilt in accordance with the plan and development regulations
applicable to that building or structure.
Norict1adhoori-.,
IS. Where considering a non confonning building, structure or
oochangooru,.
development under paragraph l08(3)(d) of the Act and before making a
decision to vary an existing use of that non-conforming building,
structure or development, an authority, at the applicant's expense, shall
publish a notice in a newspaper circulating in the area or by other
means give public notice of an application to vary the existing use of a
non-conforming building, structure or development and shall consider
any representations or submissions received in response to that
advertisement.
Non-con!""""""'
16. Where a building, structure or development does not meet the
with sUndatds
development standards included in development regulations, the
building, structure or development shall not be expanded if the
expansion would increase the non-confonnity and an expansion must
comply with the development standards applicable to that building,
structure or development.
Dis.,.,inuon .. of
17. An authority may make development regulations providing for a
noo-eo-formina ""
greater period of time than is provided under subsection I 08(2) of the
Act with respect to the rime by which a discontinued non-conforming
use may resume operation.
Ddqalion of
18. An authority shall, where designating employees to whom a
_,
power is to be delegated under subsection I 09(3) of the Act, make that
designation in writing.
eom ... ,...,,.,
19. These regulations shall be considered to have come into
force on January I, 1001.
Cl Earl G. Tucker, Queen's Printer
Classification Guide to Land Uses and Buildings
Classification of Uses of Land and Buildings
This list is intended to assist in the interpretation of the types of uses within the use classes listed in
the Use Zone Tables in Section 8 of these Regulations. Examples included in the following table are
not exhaustive and are used to illustrate typical types of developments within a use class.
Residential Uses
Division
Residential Dwelling Uses
Other Residential Uses
~fiJ Commercial Uses
Division
Business and Professional
Uses
General Services
Use Class
Examples
Single Dwelling
-
Single Detached
Double Dwelling
-
Duplex Dwellings
-
Semi-detached Dwelling
Row Dwelling
-
Row Houses
~~~~~~~~~~~~~~~~~~~~~~~-
Apartment Building
-
Apartment Building
Residential Accommodation
Seasonal Residential
Residential Care
Use Class
Medical Services
Office and Professional
Services
Personal Services
-
Residential Complexes ( 4 or more
-
Mini Homes
-
Mobile Homes
-
Bed & Breakfasts
-
Boarding Houses
- Summer Cabins
-
Lodging Homes
- Personal Care Homes
-
Residential Care Centres
-
Assisted Living Accommodations
Examples
- Clinics
-
Dental Offices & Surgeries
-
Medical Offices & Consulting Rooms
- Veterinary Clinics
- Animal Hospitals
-
Professional Offices
- Law Offices
- Banks
-
Business & Government Office
-
Barbers
-
Beauty Parlours
-
Domestic & Household Arts
- Hairdressers
- Tanning Salons
-
Pet Grooming
-
General Services
- Car Washes
-
Dry Cleaners (not using flammable or
explosive substances)
-
Laundromats
- Small Tool & Appliance Service/
Rentals
Animal Services
- Animal Pounds
-
Kennels
- Zoos
- Pet Sitting Services
Commercial Accommodation
- Hotels
- Motels
- Inns
Communications
- Radio Stations
-
Telephone Exchanges
Emergency Services
-
Police Stations (without detention
quarters)
-
Fire Station
Retail Uses
Shopping Centre
- Shopping Centres
-
Strip Malls
Shop
-
Automobile Dealerships
- Used Car Lots
-
Department Stores
-
Retail Shops
-
Showrooms
- Supermarkets
Indoor Market
- Auction Halls
-
Exhibition Halls
- Indoor Famers Markets
Outdoor Market
-
Animal Markets
-
Fish Stalls
-
Market Grounds
-
Produce & Fruit Stands
-
Outdoor Farmers Markets
-
Store
-
Confectionary Stores
- Corner Stores
- GiftSbops
-
Specialty Shops
- Video Stores
Entertainn1ent Uses
Food and Catering
-
Bars
-
Lounges
-
Restaurants
- Nightclubs
Take-Out Food Service
- Take-out Restaurants
-
Food Stands
Entertainment
Theatre
-
Institutional and Public Uses
Division
Use Class
Penal & Correctional
Institutional Uses
Institutional Care Uses
Penal & Correctional
Detention
Medical Treatment & Special
Care
Funeral Home
Child Care
Cultural and Institutional Uses
Cultural & Civic
Educational
Place of Worship
Cemetery
Assembly Uses
General Assembly
Indoor Assembly
-
Electronic Games Arcades
-
Pinball Parlours
-
Pool rooms
-
Bowling Alleys
- Adult Entertainment
- Movie Theatres
-
Examples
- Police Stations (with detention
quarters)
-
Youth Correctional Facilities
-
Personal Care Homes
-
Nursing Homes
-
Treatment Centres
-
Medical Clinics
-
Crematoria
- Funeral Homes & Chapels
-
Day Care Centres
-
Home Child Care Services
-
Nursery Schools
-
Early Childhood Education Services
-
Art Galleries
- Town Administrative Offices
-
Court Rooms
- Libraries
-
Museums
-
Arts and Culture Centres
-
Interpretive Centres
-
Studios
-
Private Schools
-
Public Schools
-
Church Halls
-
Churches & similar places of worship
-
Cemeteries
-
Auditorla
-
Community Halls
-
Dance Halls
-
Exhibition Halls
-
Gymnasia
-
Lodge Halls
- Arenas
-
Armouries
-
Ice Rinks
-
Indoor Swimming Pools
-
Fitness Clubs
Utility and Transportation
Uses
l~t11~\ 1ndustrial Uses
Division
Industrial uses involving
highly combustible &
hazardous substances &
processes.
General Industrial Uses
involving Limited Hazardous
Substances & Processes.
Outdoor Assembly
Public Works and Utilities
Marine Transportation
Transportation Services
Use Class
Hazardous Industry
General Industry
- Amusement Parks & Fairgrounds
- Bleachers
- Drive-in Theatres
- Exhibition Grounds
-
Grandstands
-
Outdoor Ice Rinks & Swimming Pools
-
Outdoor Stadiums & Venues
-
Cellular Communications Towers
-
Satellite Dish Antenna
- Television, Radio & Communications
- Transmitting and Receiving Masts &
Antennae
- Recreational Piers, Docks & Wharves
- Boathouses
-
Marinas
- Boat Ramps & Launches
-
Slips & Slipways
- Passenger Stations & Depots
-
Examples
- Bulk Plants for Flammable Liquids
- Bulk Storage Warehouses for
Hazardous Substances
-
Chemical Manufacturing or
Processing Plants
-
Distilleries
-
Dry-cleaning Plants
-
Feed Mills
-
Lacquer, Mattress, Paint, Varnish &
Rubber
- Factories
- Spray Painting Operations
- Wastepaper Processing Plants
- Aggregate-Related Industries
- Aircraft Hangars
-
Bulk Storage Facility
-
Cold Storage Plants
- Contractors' Yards
- Concrete Plants
-
Factories
-
Freight Depots
-
General Garages
-
Laboratories
-
Laundries
-
Printing Plants
Light, Non-Hazardous
Industrial Uses
Resource-Based Industry
Marine Industrial Uses
Solid Waste
Service Station
Light Industry
Scrap Yard
Commercial Agriculture
Forestry
Mineral Working
Marine Industrial
-
Environmental and Utility Uses
Division
Use Class
Conservation Uses
Conservation
-
Sawmill
-
Warehouses
-
Workshops
-
Incinerators
-
Recycling Plants
-
Sanitary Land Fill
-
Solid Waste Disposal
-
Gas Bars
-
Gasoline Service Stations
-
Custom Workshops
-
Indoor Storage
-
Light Industry
-
Lumber Yard
-
Parking Garages
-
Recycling Depot
-
Warehouses & Storage Centres
- Wholesale Rooms
-
Workshops
- Car Wrecking Yards
-
Junk Yards
-
Salvage Yard
-
Sera Dealers
-
Commercial Farms
-
Horticulture
-
Sllviculture
-
Sawmills
-
Tree Nurseries
-
Mineral Exploration
-
Mines
-
Oil Wells
-
Pits
-
uarries
-
Harbours
-
Fish Processing Plants
-
Drydocks
-
Examples
-
Architectural Historical Sites
-
Buffer Strips
-
Trails and Boardwalks
-
Scenic Lookout Sites
-
Watersheds
-
Wildlife Sanctuaries
Recreational Uses
Recreational Open
-
Campgrounds
Space
- Hiking/Walking Trails
- Parks
- Playing Fields and Courts
- Playgrounds
-
Sports Grounds
Small Scale Agriculture
-
Hobby Farms
-
Market Gardens & Nurseries
-
Community Gardens
Town of Petty Harbour - Maddox Cove Development Regulations Information
Map
Climate Change - 2050 Flood Risk Map.
Derived from Information contained in:
AMEC Environment and Infrastructure. March 2013. Goulds Petty Harbour
Area Flood Risk Mapping Project, for Government of Newfoundland and
Labrador, Department of Environment and Conservation, Water Resources
Management Division.
http: //www.env.gov.nl.ca/env /waterres /flooding/petty harbour goulds /Gou!
ds Pettyffarbour Report.pdf
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