Pilley's Island, Newfoundland and Labrador
· adopted 1995-05-05
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COMMUNITY OF PILLEY'S ISLAND MUNICIPAL PLAN
LAND USE ZONING, SUBDIVISION AND ADVERTISEMENT
REGULATIONS
Published in Newfoundland and Labrador Gazette: May 5, 1995
With Consolidated Amendments
Updated as of: March 11, 2015
Table of Contents
APPLICATION ................................................................................................................................................. 1
1.
Short Title ......................................................................................................................................... 1
2.
Interpretation .................................................................................................................................. 1
3.
Commencement .............................................................................................................................. 1
4.
Municipal Code and Regulations ..................................................................................................... 1
5.
Authority .......................................................................................................................................... 1
6.
Compliance With Regulations .......................................................................................................... 2
7.
Permit Required ............................................................................................................................... 2
8.
Permit to be Issued .......................................................................................................................... 2
9.
Permit Not to be Issued in Certain Cases......................................................................................... 2
10. Discretionary Powers of Authority................................................................................................... 3
11. Variances by Authority ..................................................................................................................... 3
12. Service Levy ...................................................................................................................................... 4
13. Financial Guarantees by Developer ................................................................................................. 5
14. Dedication of Land for Public Use .................................................................................................... 6
15. Reinstatement of Land ..................................................................................................................... 6
16. Form of Application ......................................................................................................................... 6
17. Register of Application ..................................................................................................................... 7
18. Deferment of Application ................................................................................................................ 7
19. Outline Planning Permission ............................................................................................................ 7
20. Development Permit ........................................................................................................................ 8
21. Reasons for Refusing Permit ............................................................................................................ 9
22. Notice of Application ....................................................................................................................... 9
23. Right of Entry ................................................................................................................................... 9
24. Record of Violations ......................................................................................................................... 9
25. Stop Work Order and Prosecution ................................................................................................. 10
26. Local Board of Appeal Established ................................................................................................. 10
27. Appointment of Local Board of Appeal ......................................................................................... 10
28. Appeal Board to Act as Local Board of Appeal .............................................................................. 11
29. Appeals to Local Board of Appeal .................................................................................................. 11
30. Effect of Decision by Local Board of Appeal .................................................................................. 12
31. Development May Not Proceed .................................................................................................... 12
PART II - GENERAL DEVELOPMENT STANDARDS ........................................................................................ 13
32. Accesses and Service Streets ......................................................................................................... 13
33. Accessory Buildings ........................................................................................................................ 13
34. Advertisements .............................................................................................................................. 13
35. Buffer Strips ................................................................................................................................... 13
36. Building Height ............................................................................................................................... 14
37. Building Line and Setback .............................................................................................................. 14
38. Family and Group Care Centres ..................................................................................................... 14
39. Height Exceptions .......................................................................................................................... 15
40. Livestock Structures and Uses ....................................................................................................... 15
41. Lot Area .......................................................................................................................................... 15
42. Lot Area and Size Exceptions ......................................................................................................... 16
43. Lot Frontage ................................................................................................................................... 16
44. Mobile Homes ................................................................................................................................ 16
45. Non-Conforming Uses .................................................................................................................... 17
46. Offensive and Dangerous Uses ...................................................................................................... 18
47. Off-Street Parking Requirements ................................................................................................... 18
48. Off-Street Loading Requirements .................................................................................................. 20
49. Parks and Playgrounds, and Conservation Uses ............................................................................ 21
50. Screening and Landscaping ............................................................................................................ 21
51. Services and Public Utilities ........................................................................................................... 21
52. Service Stations .............................................................................................................................. 22
53. Side Yards ....................................................................................................................................... 22
54. Street Construction Standards ....................................................................................................... 22
55. Subsidiary Apartments ................................................................................................................... 22
56. Unsubdivided Land ........................................................................................................................ 22
57. Zero Lot Line and Other Comprehensive Development ................................................................ 23
PART III- ADVERTISEMENTS ........................................................................................................................ 24
58. Permit Required ............................................................................................................................. 24
59. Form of Application ....................................................................................................................... 24
60. Advertisements Prohibited in Street Reservation ......................................................................... 24
61. Permit Valid for Limited Period ..................................................................................................... 24
62. Removal of Advertisements ........................................................................................................... 24
63. Advertisements Exempt from Control ........................................................................................... 25
64. Approval Subject to Conditions ..................................................................................................... 25
65. Non-Conforming Uses .................................................................................................................... 26
PART IV - SUBDIVISION OF LAND ............................................................................................................... 27
66. Permit Required ............................................................................................................................. 27
67. Services to be Provided .................................................................................................................. 27
68. Payment of Service Levies and Other Charges .............................................................................. 27
69. Issue of Permit Subject to Considerations ..................................................................................... 28
70. Building Permits Required ............................................................................................................. 28
71. Form of Application ....................................................................................................................... 29
72. Subdivision Subject to Zoning ........................................................................................................ 29
73. Building Lines ................................................................................................................................. 29
74. Land for Public Open Space ........................................................................................................... 29
75. Structure in Street Reservation ..................................................................................................... 30
76. Subdivision Design Standards ........................................................................................................ 31
77. Engineer to Design Works and Certify Construction Layout ......................................................... 32
78. Developer to Pay Engineer's Fees and Charges ............................................................................. 33
79. Street Works May Be Deferred ...................................................................................................... 33
80. Transfer of Streets and Utilities to Authority ................................................................................ 34
81. Restriction on Sale of Lots ............................................................................................................. 34
82. Grouping of Buildings and Landscaping ......................................................................................... 35
PART V - USE ZONES ................................................................................................................................... 36
83. Use Zones ....................................................................................................................................... 36
84. Use Classes ..................................................................................................................................... 36
85. Permitted Uses ............................................................................................................................... 36
86. Discretionary Uses ......................................................................................................................... 37
87. Uses Not Permitted ........................................................................................................................ 37
SCHEDULE A - DEFINITIONS ........................................................................................................................ 38
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ......................................................... 45
SCHEDULE C - USE ZONE TABLES ................................................................................................................ 51
USE ZONE TABLE - MIXED DEVELOPMENT (MD) .................................................................................... 52
USE ZONE TABLE - RESIDENTIAL (R) ....................................................................................................... 56
USE ZONE TABLE - COMREHENSIVE DEVELOPMENT AREA (CDA-RES) .................................................. 60
USE ZONE TABLE - COMMERCIAL (COMM) ............................................................................................ 61
USE ZONE TABLE - EDUCATIONAL (ED) .................................................................................................. 64
USE ZONE TABLE - RURAL & RESOURCE (RR) ......................................................................................... 66
USE ZONE TABLE - COMPREHENSIVE DEVELOPMENT AREA (CDA-M) ................................................... 73
USE ZONE TABLE - SUMMER COTTAGE (SC) ........................................................................................... 74
USE ZONE TABLE - ENVIRONMENTAL PROTECTION (EP) ....................................................... 75
USE ZONE TABLE - RECREATIONAL OPEN SPACE (ROS) ......................................................................... 76
USE ZONE TABLE - HERITAGE PRESERVATION (HP) ................................................................................ 77
SCHEDULE D - OFF-STREET PARKING REQUIREMENTS ............................................................................... 79
1
APPLICATION
1.
Short Title
These Regulations may be cited as the Pilley's Island Development Regulations.
2.
Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to
them in Schedule 'A'.
(2)
Words and phrases not defined in Schedule 'A' shall have the meanings which are
commonly assigned to them in the context in which they are used in the
Regulations.
3.
Commencement
These Regulations come into effect throughout the Pilley's Island Municipal Planning
Area, hereinafter referred to as the Planning Area, on the date of publication of a notice to
that effect in the Newfoundland Gazette.
4.
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and
any other ancillary code and any Building Regulations, Waste Disposal Regulations
and/or any other municipal regulations regulating or controlling the development,
conservation and use of land in force in the Community of Pilley's Island, shall, under
these Regulations apply to the entire Planning Area.
5.
Authority
In these Regulations, 'Authority' means the Council of the Community of Pilley's Island.
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PART I - GENERAL REGULATIONS
6.
Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance with
these Regulations.
7.
Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has been
issued by the authority.
8.
Permit to be Issued
Subject to Regulations 9 and 10, a permit shall be issued for development within the
Planning Area that conforms to:
(a) the general development standards set out in Part II of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards,
requirements, and conditions prescribed in Schedule C of these Regulations for the
use zone in which the proposed development is located;
(b) The standards set out in the Building Code and/or other ancillary codes, and any
Building Regulations, Waste Disposal Regulations, and/or any other Municipal
Regulation in force in the Planning Area regulating or controlling development,
conservation and use of land and buildings;
(c) The standards set out in Part III of these Regulations in the case of advertisement;
(d) The standards set out in Part IV of these Regulations in the case of subdivision;
(e) The standards of design and appearance established by the Authority.
9.
Permit Not to be Issued in Certain Cases
Neither a permit nor outline planning permission shall be issued for development within
the Planning Area when, in the opinion of the Authority, it is premature by reason of the
site lacking adequate road access, power, drainage, sanitary facilities, or domestic water
supply, or being beyond the natural development of the area at the time of application
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unless the applicant contracts to pay the full cost of construction of the services deemed
necessary by the Authority and such cost shall attach to and upon the property in respect
of which it is imposed.
10.
Discretionary Powers of Authority
In considering an application for a permit or for outline planning permission to carry out
development, the Authority shall take into account the policies expressed in the
Municipal Plan and any further scheme, plan or regulations pursuant thereto, and shall
assess the general appearance of the development of the area, its effect on the overall
development of the area, the amenity of the surroundings, availability of utilities, public
safety and convenience, and any other considerations which are, in its opinion, material,
and notwithstanding the conformity of the application with the requirements of these
Regulations, the Authority may, in its discretion, and as a result of its consideration of the
matters set out in this Regulation, conditionally approve or refuse the application.
11.
Variances by Authority
(1)
Where a permit cannot be granted because the proposed development does not
comply with these Regulations, the Authority may in its discretion vary the
requirements to literal conformity with the Regulations if, in the Authority's
opinion, the requirements would prejudice the proper development of the land,
building or structure in question, or be contrary to the public interest.
(2)
Variance from these Regulations pursuant to Regulations 11(1) shall only be
authorized in the following circumstances:
(a)
If, in the opinion of the Authority, such variance is not contrary to the
general intent and purpose of these Regulations, the Municipal Plan, or
any further scheme, plan or regulation pursuant thereto, and the public
interest;
(b)
If, prior to authorization of such variance, the Authority has considered its
effect on adjoining properties;
4
(c)
If the variance does not change the permitted use of the property;
(d)
If the Authority is satisfied that the variance has not become necessary due
to the intentional or negligent conduct of the owner or some other party
acting with the owner's knowledge or consent;
(e)
If, prior to authorization of such variance, the Authority has given notice
of the application in accordance with Regulation 22 and has considered
any objections or representations which may have been received on the
matter.
(3)
Variance from these Regulations pursuant to Regulation 11(1) shall not be
authorized if such variance, when considered together with other variances made
or to be made in respect of the same land, building or structure, would have a
cumulative effect contrary to the general intent of these Regulations, the
Municipal Plan, or any further scheme, plan or regulation pursuant thereto, even
though the variances individually would not have such effect.
12.
Service Levy
(1)
The Authority may require a developer to pay a service levy where development
is made possible or where the density of potential development is increased, or
where the value of property is enhanced by the carrying out of public works either
on or off the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Authority of constructing or improving the public works referred to
in Regulation 12(1) that are necessary for the real property to be developed in
accordance with the standards required by the Authority and for uses that are
permitted on that real property.
5
(3)
A service levy shall be assessed on the real property based on:
(a)
The amount of real property benefitted by the public work related to all
the real property so benefitted; and,
(b)
The density of development made capable or increased by the public
work.
(4)
The Authority may require a service levy to be paid by the owner of the real
property:
(a)
At the time the levy is imposed;
(b)
At the time development of the real property commenceS;
(c)
At the time development of the real property is completed; or,
(d)
At such other time as the Authority may decide.
13.
Financial Guarantees by Developer
(1)
The Authority may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may be
required to guarantee the payment of service levies, ensure site reinstatement, and
to enforce the carrying out of any other condition attached to a permit or license.
(2)
The financial provisions pursuant to Regulation 13(1) may be made in the form
of:
(a)
A cash deposit from the developer, to be held by the Authority; or,
(b)
A guarantee by a bank, or other institution acceptable to the Minister, for
expenditures by the developer; or,
(c)
A performance bond provided by an insurance company or a bank; or,
(d)
An annual contribution to a sinking fund held by the Authority.
6
14.
Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 74, the Authority
may require the dedication of a percentage of the land area of any subdivision or other
development for public use, and such land shall be conveyed to the Authority in
accordance with the provisions of the act.
15.
Reinstatement of Land
Where the use of land IS discontinued or the intensity of its use is decreased, the
Authority may order the developer, the occupier of the site, or the owner or all of them to
reinstate the site, to remove all or any buildings or erections, to cover or fill all wells or
excavations, and to close all or any accesses, or to do any of these things or all of them,
as the case may be, and the developer, occupier or owner shall carry out the order of the
Authority and shall put the site in a clean and sanitary condition to the satisfaction of the
Authority.
16.
Form of Application
(1)
An application for a development permit or for outline planning permission shall
be made only by the owner or by a person authorized by the owner to the
Authority on such form as may be prescribed by the Authority, and every
application shall include such plans, specifications and drawings as the Authority
may require, and be accompanied by the permit fee required by the Authority.
(2)
The Authority shall, on request, supply to every applicant a copy of the
application forms referred to in Regulation 16(1) and a description of the plans,
specifications and drawings required to be provided with the application.
7
17.
Register of Application
The Authority shall keep a public register of all applications for development, and shall
enter therein the Authority's decision upon each application and the result of any appeal
from that decision.
18.
Deferment of Application
(1)
The authority may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations which have
not been determined by the Authority and on which a decision has not been
communicated to the applicant within eight weeks of the receipt thereof by the
Authority, and on which consideration has not been deferred in accordance with
Regulation 18(1), shall be deemed to be refused.
19.
Outline Planning Permission
(1)
The Authority may grant outline planning permission for the erection, alteration
or conversion of a building if, after considering an application for outline
planning permission made under these Regulations, it is satisfied that the
proposed development is, subject to the approval of detailed plans, in compliance
with these Regulations.
(2)
Where outline planning permission is granted under this Regulation, it shall be
subject to the subsequent approval by the Authority of such details as may be
listed in the outline planning permission, which shall also specify that further
application for approval of these details shall be received not later than two years
from the grant of outline planning permission.
8
20.
Development Permit
(1)
A plan or drawing which has been approved by the Authority and which bears a
mark and/or signature indicating such approval together with a permit shall be
deemed to be permission to develop land in accordance with these Regulations
but such permission shall not relieve the applicant from full responsibility for
obtaining permits or approvals under any other regulation or statute prior to
commencing the development; from having the work carried out in accordance
with these Regulations or any other regulations or statutes; and from compliance
with all conditions imposed thereunder.
(2)
The Authority may attach to a permit or to outline planning permission 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 the Authority deems necessary, permits may be issued on a temporary
basis for a period not exceeding two years, which may be extended in writing by
the Authority for further periods not exceeding two years.
(4)
A permit is valid for such period, not in excess of two years, as may be stated
therein, and if the development has not commenced, the permit may be renewed
for a further period not in excess for one year, but a permit shall not be renewed
more than once, except in the case of a permit for an advertisement, which may be
renewed in accordance with Part III of these Regulations.
(5)
The approval of any application and plans or drawings or the issue of a permit
shall not prevent the Authority from thereafter requiring the correction of errors,
or from ordering the cessation, removal of, or remedial work on any development
being carried out in the event that the same is in violation of this or any other
regulations or statute.
(6)
The Authority may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit was
issued in error or was issued on the basis of incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by the Authority.
9
(8)
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.
21.
Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit,
state the reason for so doing.
22.
Notice of Application
The Authority may, and when a variance is necessary under Regulation 11, when a
change in nonconforming use is to be considered under Regulation 45, or when the
development is listed as a discretionary use in schedule C of the Regulations shall, at the
expense of the applicant, give notice of an application for a permit or for outline planning
permission, by public advertisement in a newspaper circulating in the area or by any
other means deemed necessary.
23.
Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land
and may at all reasonable times enter any development or building upon the land for the
purpose of making surveys or examinations or obtaining information relative to the
carrying out of any development, construction, alteration, repair or any other works
whatsoever which the Authority is empowered to regulate.
24.
Record of Violations
Every inspector shall keep a record of any violation of these Regulations which comes to
his knowledge and report that violation to the Authority.
10
25.
Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, the Authority may order that person to stop the development or any
work connected therewith pending final adjudication in any prosecution arising
out of the development.
(2)
A person who does not comply with an order made under Regulation 25(1) is
guilty of an offence under the provisions of the Act.
26.
Local Board of Appeal Established
A Local Board of Appeal shall be appointed to hear all appeals arising from these
Regulations.
27.
Appointment of Local Board of Appeal
(1)
The Authority may, subject to the approval of the Minister, appoint not less than
three and not more than five persons to constitute the Local Board of Appeal.
(2)
The Authority under Regulation 27(1) shall not appoint elected or appointed
officials of the Authority to be members of the Local Board of Appeal.
(3)
Every member of the Local Board of Appeal shall be appointed for such periods,
not exceeding the term of office for the Authority, as may be deemed appropriate
by the Authority, and shall be eligible for re-appointment.
(4)
The Local Board of Appeal shall be presided over by a Chairman appointed from
among its members by the Authority or in the absence of the Chairman, such
member as the members present shall from among themselves appoint.
(5)
A majority of the members of the Local Board of Appeal shall constitute a
quorum.
(6)
The Authority may by two-thirds of its members provide for remuneration to be
paid to members of the Local Board of Appeal and may prescribe the amount.
(7)
Where a Local Board of Appeal has been appointed and approved under
Regulation 27(1), the Clerk of the Authority shall be the Secretary of that Local
Board of Appeal.
11
28.
Appeal Board to Act as Local Board of Appeal
Where a Local Board of Appeal has not been appointed and approved by the Minister
under Regulation 27(1), the appropriate Appeal Board established under the provisions of
the Act shall be deemed to have been appointed as the Local Board of Appeal, and shall
carry out the functions and exercise the same powers as if it were appointed a Local
Board of Appeal under Regulation 27(1), but it shall not be obliged to hold appeal
hearings within the time limits established under there Regulations.
29.
Appeals to Local Board of Appeal
(1)
The Local Board of Appeal shall hear appeals from decisions of the Authority
made under these Regulations and shall either confirm the decision or recommend
to the Authority that the decision be varied or reversed.
(2)
Any person may appeal to the Local Board of Appeal from a decision of the
Authority made under these Regulations.
(3)
An appeal shall be submitted in writing to the Authority thirty days of the date of
the decision appealed from and shall state the circumstances and grounds of the
appeal.
(4)
Within one week of receiving an appeal, the Authority shall forward it to the
Local Board of Appeal together with a copy of the application appealed from and
all other correspondence, plans and pertinent information.
(5)
The Local Board of Appeal shall meet to hear an appeal within sixty calendar
days after that appeal has been filed with the Authority, and shall make its
decision known in writing to the Authority and to the appellant within two weeks
of hearing the appeal.
(6)
The Authority, the appellant, and any other person likely to be affected by the
appeal, shall be advised of the time and place of the appeal hearing by the
Secretary at least one week before the appeal is to be heard.
(7)
The Authority and the appellant are entitled, but are not bound, to appear before
the Local Board of Appeal either personally or by representatives appointed by
them.
12
(8)
The Local Board of Appeal shall consider and determine each appeal in
accordance with the intent of these Regulations and the Municipal Plan and any
further plan, scheme or regulations that are in force, having due regard to the
circumstances and merits of the particular case and the use of discretionary
powers by the Authority.
(9)
In determining an appeal, the Local Board of Appeal shall be bound by the
Municipal Plan and any further scheme or plan that is in force under the Act.
(10)
Every member of a Local Board of Appeal shall be subject to the provisions of
the Municipalities Act with respect to conflict of interest as if he were a councilor
elected under the Act.
(11)
The decision of a majority of the members of the Local Board of Appeal present,
excluding all members prohibited from voting because of conflict of interest, shall
be the decision of the Board whose decision shall not be subject to further appeals
to any other Appeal Board constituted under the Act.
(12)
If a Local Board of Appeal is unable to decide an appeal because of the conflict of
interest of a majority of its members, the Authority shall, subject to the approval
of the Minister, and for that appeal only, appoint other persons to replace those
members so affected.
30.
Effect of Decision by Local Board of Appeal
The Authority shall be bound to carry out the recommendations of the Local Board of
Appeal unless another course of action is determined by a vote of two-thirds of the
members of the Authority, which action shall not be subject to further appeal.
31.
Development May Not Proceed
Where an appeal is made from a decision of the Authority, the development concerned
shall not proceed pending a decision on the appeal and the subsequent issue of all
required permits.
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PART II - GENERAL DEVELOPMENT STANDARDS
32.
Accesses and Service Streets
(1)
Accesses shall be located to the specification of the Authority so as to ensure the
greatest possible convenience and safety of the street system and the Authority
may prescribe the construction of service streets to reduce the number of accesses
to collector and arterial streets.
(2)
No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
33.
Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the use of
the main buildings in character, use and size, and shall be contained on the same
lot.
(2)
No accessory building or part thereof shall project in front of any building line.
(3)
The side yard requirements set out in the use zone tables in these Regulations
shall apply to accessory buildings wherever they are located on the lot but
accessory buildings on two (2) adjoining properties may be built to property
boundaries provided they shall be of fire resistant construction and have a
common firewall.
34.
Advertisements
Advertisements shall not be erected or displayed except in accordance with Part III of
these Regulations.
35.
Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or
proposed residential area, or is separated from it by a road only, the owner of the site of
the industrial development shall provide a buffer strip not less than ten (10) metres wide
between any residential activity and the provision of such natural or structural barrier as
14
may be required by the Authority and shall be maintained by the owner or occupier to the
satisfaction of the Authority.
36.
Building Height
The Authority may permit the erection of buildings of a height greater than that specified
in Schedule C, but in such cases the building line setback and rear yard requirements
shall be varied as follows:
(1)
The building line setback shall be increased by 2 metres for every 1 metre
increase in height.
(2)
The rear yard shall not be less than the minimum building line setback calculated
as described in (1) above plus 6 metres.
37.
Building Line and Setback
The Authority, by resolution, may establish building lines on any 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 tables in
Schedule C of these Regulations.
38.
Family and Group Care Centres
Family and group care use is permitted in any swelling or apartment that is adequate in
size to accommodate the number of persons living in the group, inclusive of staff,
provided that in the opinion of the Authority, the use of the dwelling does not materially
differ from, nor adversely affect, the amenities of the adjacent residences, or the
neighborhood in which it is located. The Authority may require special access and safety
features to be provided for the occupants before occupancy is permitted.
15
39.
Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be waived
in the case of communication masts and antennae, flagpoles, water towers, spires,
belfries, or chimneys, but any such waiver which results in an increase of more than 20%
in the permitted height of the structure shall only be authorized under the provisions of
Regulation 11.
40.
Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be erected or
used unless it complies with the following requirements:
(a)
the structure shall be at least 600 m from a residence (except a farm
residence), and from an area designated for residential use in an approved
Plan, and from a Provincial or Federal Park.
(b)
the structure shall be at least 60 m from the boundary of the property on
which it is to be erected.
(c)
the structure shall be at least 90 m from the center line of a street.
(d)
the erection of the structure shall be approved by the Department of Rural,
Agriculture and Northern Development and the Department of the
Environment.
(2)
No development for residential use shall be permitted within 600 m of an existing
structure designed to contain more than five animal units unless the development
is first approved by the Department of Rural, Agricultural and Northern
Development.
41.
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
16
have a lot coverage that exceeds, or a frontage or lot area that is less than that
permitted by these Regulations for the zone in which such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a yard,
it shall continue to be so used regardless of any change in the ownership of the lot
or any part thereof, and shall not be deemed to form part of an adjacent lot for the
purpose of computing the area thereof available for building purposes.
42.
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 lot or lots to comply with the provisions of these Regulations, then
these Regulations shall not prevent the issuing of a permit by the Authority for the
erection of a dwelling thereon, provided that the lot coverage and height are not greater
than, and the yards and floor area are not less than the standards set out in these
Regulations.
43.
Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these
Regulations, no residential or commercial building shall be erected unless the lot on
which it is situated fronts directly onto a street or forms part of a Comprehensive
Development Scheme.
44.
Mobile Homes
(1)
Groups of more than five mobile homes shall be located only in approved mobile
home parks and mobile home subdivisions in Residential Use Zones so
designated and shall conform to the requirements of the Provincial Mobile Home
Development Regulations currently in effect.
17
(2)
No development permit shall be issued for a mobile home lot unless it conforms
with the requirements of Regulation 23 of the Mobile Home Development
Regulations.
45.
Non-Conforming Uses
(1)
Any legal use of buildings or land at the date of the coming into effect of these
Regulations may be continued, although not conforming with the Regulations of
the Use Zone in which they are located.
(2)
A building, which at the date of the coming into effect of these Regulations, is
legally used for a purpose not permissible within the zone in which it is located,
shall not be enlarged, extended, reconstructed, or altered structurally, unless such
building is thereof to be used for a purpose permitted within that zone, provided
that:
(a)
the interior of such building may be permitted by the Authority to be
reconstructed or altered, in order to render it more convenient or
commodious for the same purpose for which at the date of the coming into
effect of these Regulations such building was used;
(b)
any building which at the date of the coming into effect of these
Regulations is being used in a zone where such use is not permissible may
be permitted by the Authority to be altered structurally or extended by not
more than fifty percent of its original floor area if such alterations or
extensions conform to all the requirements of these Regulations except
those pertaining to land use, and are confined to the existing lot.
(3)
A building which at the date of coming into effect of these Regulations is legally
used for any purpose but which does not conform to the Regulations of the Use
Zone in which it is located, and which subsequently suffers damage or
deterioration to an extent greater than fifty percent of its replacement value,
18
excluding land, shall not be reconstructed except in conformity with the
Regulations for the Use Zone in which such building is located, provided that:
(a)
the owner of such building may within one year of such damage taking
place make application to the Authority for a permit to reconstruct the
building for the same purpose for which it was used at the date of coming
into effect of these Regulations;
(b)
the Authority shall before the expiration of sixty (60) days from the day on
which a complete application is received to construct such a building,
i)
serve a notice of expropriation in accordance with the Act; or
ii)
indicate its willingness to issue a permit to develop providing that
the reconstruction of the building conforms to all the requirements
of these Regulations except those pertaining to land use, and that
any such development takes place within the existing curtilage of
the lot.
46.
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous
fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or
create any nuisance that has an unpleasant effect on the senses unless its use is authorized
by the Authority and any other authority having jurisdiction.
47.
Off-Street Parking Requirements
(1)
For every building, structure or use to be erected, enlarged or established, there
shall be provided and maintained a quantity of off-start parking spaces sufficient
to ensure that the flow of traffic on adjacent streets is not impeded by the on-street
parking of vehicles associated with that building, structure or use.
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(2)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Schedule D of these
Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings, shall be
made accessible by means of a hard surfaced right-of-way at least 3 m in width.
Parking required in a Residential Zone shall be provided on the same lot as the
dwellings. Parking space for apartments shall be provided in the rear yard where
possible. In a Non-Residential Zone, parking spaces shall be provided within the
limits of the zone in which the use is situated and not more than 200 m distant
from the use concerned.
(4)
The parking facilities required by this Regulation shall, except in the case of
single or attached dwellings, be arranged so that it is not necessary for any vehicle
to reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted:
(a)
parking space shall mean an area of land, not less than 15 m² in size,
capable of being used for the parking of a vehicle without the need to
move other vehicles on adjacent areas;
(b)
the parking area shall be constructed and maintained to the specifications
of the Authority;
(c)
the lights used for illumination of the parking area shall be so arranged as
to divert the light away from adjacent development;
(d)
a structure, not more than 5 m² in height and more than 5 m² in area may
be erected in the parking area for the use of attendants in the area;
(e)
except in zones in which a service station is a permitted use, no gasoline
pump or other service station equipment shall be located or maintained on
a parking area;
(f)
no part of any off-street parking area shall be closer than 1.5 m to the front
lot line in any zone;
20
(g)
access to parking areas in non-residential zones shall not be by way of
residential zones;
(h)
where a parking area is in or abuts a residential zone, a natural or
structural barrier at least 1 m in height shall be erected and maintained
along all lot lines;
(i)
where, in the opinion of the Authority, strict application of the above
parking requirements is impractical or undesirable, the Authority may as a
condition of a permit require the developer to pay a service levy in
accordance with these Regulations in lieu of the provision of a parking
area, and the full amount of the levy charged shall be used by the
Authority for the provision and upkeep of alternative parking facilities
within the general vicinity of the development.
48.
Off-Street Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or established
requiring the shipping, loading or unloading of animals, goods, wares or
merchandise, there shall be provided and maintained for the premises loading
facilities on land that is not part of a street comprised of one or more loading
spaces, 15 m long, 4 m wide, and having a vertical clearance of at least 4 m with
direct access to a street or with access by a driveway of a minimum width of 6 m
to a street.
(2)
The number of loading spaces to be provided shall be determined by the
Authority.
(3)
The loading facilities required by this Regulation shall be so arranged that
vehicles can manoeuvre clear of any street and so that it is not necessary for any
vehicle to reverse onto or from a street.
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49.
Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and
playgrounds are not located in areas which may hazardous to their use and are not
operated for commercial purposes.
50.
Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the owner or
occupier to provide adequate and suitable landscaping or screening; and for this purpose
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 the Authority, the landscaping or screening
is desirable to preserve amenity, or protect the environment.
51.
Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the
provision of public services and public utilities if the use of that land is necessary to the
proper operation of the public service or public utility concerned provided that the design
and landscaping of any development of any land so used is, in the opinion of the
Authority, adequate to protect the character and appearance of the area.
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52.
Service Stations
The following requirements shall apply to all proposed service stations:
(a)
all gasoline pumps shall be located on pump islands designed for such purpose,
and to which automobiles may gain access from either side;
(b)
pump islands shall be set back at least 4 metres from the front lot line;
(c)
accesses shall not be less than 7 metres wide and shall be clearly marked, and
where a service station is located on a corner lot, the minimum distance between
an access and the intersection of street lines at the junction shall be 10 metres and
the lot line between entrances shall be clearly indicated.
53.
Side Yards
A side yard which shall be kept clear of obstruction shall be provided on the exposed
sides of every building in order to provide access for the maintenance of that building.
54.
Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Authority.
55.
Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of
calculating lot area and yard requirements, shall be considered part of the self-contained
dwelling.
56.
Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to
satisfy the yard and other allowances called for in the Use Zone in which it is located and
the allowances shall be retained when the adjacent land is developed.
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57.
Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which are
designed to form part of a zero lot line development or other comprehensive layout which
does not, with the exception of dwelling unit floor area, meet the requirements of the Use
Zone Table in Schedule C, provided that the dwellings are designed to provide both
privacy and reasonable access to natural daylight and the overall density within the layout
conforms to the regulations, and standards set out in the Use Zone Table apply where the
layout adjoins other development.
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PART III- ADVERTISEMENTS
58.
Permit Required
Subject to the provisions of Regulation 63, no advertisement shall be erected or displayed
in the Planning Area unless a permit for the advertisement is first obtained from the
Authority.
59.
Form of Application
Application for a permit to erect or display an advertisement shall be made to the
Authority in accordance with Regulation 16.
60.
Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any
highway or street reservation.
61.
Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement
shall be for a limited period, not exceeding two years, but may be renewed at the
discretion of the Authority for similar periods.
62.
Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the
removal of any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, color, illumination, or structural
condition; or,
(b)
detrimental to the amenities of the surrounding area.
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63.
Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Authority:
(a)
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding
0.2 m² in area;
(b)
on an agricultural holding or farm, a notice board not exceeding 1 m² in area and
relating to the operations being conducted on the land;
(c)
on land used for forestry purposes, signs or notices not exceeding 1 m² in area
and relating to forestry operations or the location of logging operations conducted
on the land;
(d)
on land used for mining or quarrying operations, a notice board not exceeding 1
m² in area relating to the operation conducted on the land;
(e)
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding
0.2 m² in area in connection with the practice of a professional person carried on
in the premises;
(f)
on any site occupied by a church, school, library, art gallery, museum, institution
or cemetery, one notice board not exceeding 1 m² in area;
(g)
on the principal façade of any commercial, industrial or public building, the name
of the building or the name of the occupants of the building, in letters not
exceeding one-tenth of the height of that façade or 3 m, whichever is the lesser;
(h)
on any parking lot directional signs and one sign not exceeding 1 m² in size,
identifying the parking lot.
64.
Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply
with the appropriate conditions and specifications set out in the Use Zone Tables in
Schedule C of these Regulations.
26
65.
Non-Conforming Uses
Notwithstanding the provisions of Regulation 58, a permit may be issued for the erection
or display of advertisements on a building or within the curtilage of a building or on a
parcel of land, the use of which is a non-conforming use, provided that the advertisement
does not exceed the size and type of advertisement which could be permitted if the
development was in a Use Zone appropriate to its use, and subject to any other conditions
deemed appropriate by the Authority.
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PART IV - SUBDIVISION OF LAND
66.
Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of
the subdivision is first obtained from the Authority.
67.
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory of the Authority have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system.
68.
Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Authority for connection to services,
utilities and streets deemed necessary for the proper development of the subdivision, and
all service levies and other charges imposed under Regulations 12 and 13.
28
69.
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Authority shall,
without limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability 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;
(l)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
70.
Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building
permit shall be obtained for each building proposed to be erected in the area of the
subdivision, and no building permit for any building in the area shall be issued until the
developer has complied with all the provisions of these Regulations with respect to the
development of the subdivision.
29
71.
Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in
accordance with Regulation 16.
72.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
73.
Building Lines
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines.
74.
Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate to the
Authority, at no cost to the Authority, an area of land equivalent to not more than
10% of the gross area of the subdivision or 25 m for every dwelling unit permitted
in the subdivision, whichever is the greater, for public open space, provided that:
(a)
where land is subdivided for any purpose other than residential use, the
Authority shall determine the percentage of land to be dedicated;
(b)
if, in the opinion of the Authority, no public open space is required, the
land may be used for such other public use as the Authority 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 Authority but in any
case, the Authority shall not accept land which, in its opinion is incapable
of development for any purpose;
30
(d)
the Authority may accept from the developer in lieu of such area or areas
of land the payment of a sum of money equal to the value of the land
which would otherwise be required to be dedicated;
(e)
money received by the Authority in accordance with Regulation 74(1)(d)
above, shall be reserved by the Authority for the purpose of the acquisition
or development of land for public open space or other public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Authority and may be sold or issued by the Authority for the
purposes of any development that conforms with the requirements, and the
proceeds of any sale or other disposition of land shall be applied against the cost
of acquisition or development of any other land for the purposes of public open
space or other public purposes.
(3)
The Authority may require a strip of land to be reserved and remain undeveloped
along the banks of any river, brook or pond, and this land may, at the discretion of
the Authority, constitute the requirement of land for public use under Regulation
74(1).
75.
Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the
prior approval of the Authority which shall be satisfied on the question of safe
construction and relationship to the adjoining buildings and other structures within the
street reservation.
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76.
Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations
unless the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 per cent.
(b)
Every cul-de-sac shall be provided with a turning circle of a diametre of not less
than 30 m.
(c)
The maximum length of any cul-de-sac shall be:
(i)
Without emergency vehicle access - 110 m
(ii)
With every emergency vehicle access - 230 m
(d)
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.
(e)
No cul-de-sac shall be located so as to appear to terminate a collector street.
(f)
New subdivisions shall have street connections with an existing street or streets.
(g)
All street intersections shall be constructed within 5º of a right angle and this
alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(i)
No more than four streets shall join at any intersection.
(j)
No residential street block shall be longer than 490 m between street intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with the
approval standards of the Authority, but in the absence of such standards, shall
confirm to the following minimum standards:
32
Street
Reservation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Arterial
30 m
15 m
1.5 m
Discretion of
Council
Collector streets
20 m
15 m
1.5 m
2
Local residential
streets
Where more than
50% of the units are
single or double
dwellings
15 m
9 m
1.5 m
1
Where 50% or more
of the units are row
houses or apartments
20 m
9 m
1.5 m
2
Service Streets
15 m
9 m
1.5 m
Discretion of
Council
(l)
No lot intended for residential purposes shall have a depth exceeding four times
the frontage.
(m)
Residential lots shall not be permitted which abut a local street at both front and
rear lot lines.
(n)
The Authority may require any existing natural, historical or architectural feature
or part thereof to be retained when a subdivision is developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
77.
Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters and
catch basins and all other utilities deemed necessary by the Authority to service
the area proposed to be developed or subdivided shall be designed and prepared
by or approved by the engineer. Such designs and specifications shall, upon
approval by the Authority, be incorporated in the plan of subdivision.
33
(2)
Upon Approval by the Authority 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 own cost and in accordance with the approved designs and
specifications and the construction layout certified by the Engineer, of all such
water mains, hydrants, sanitary sewers and all appurtenances and of all such
streets and other works deemed necessary by the Authority to service the said
area.
78.
Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of materials and
labor for the construction and installation of all works calculated in accordance with the
Schedule of Fees recommended by the Association of Professional Engineers of
Newfoundland and in effect at the time the work is carried out.
79.
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and
paving specified by the Authority as being necessary, may, at the Authority's discretion,
be deferred until a later stage of the work on the development of the subdivision but the
developer shall deposit with the Authority before approval of his application, an amount
estimated by the Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the work of development, the Authority
shall call for tenders for the work of construction and installation of the works, and the
amount so deposited by the developer shall be applied towards payment of the contract
cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the
amount of the excess. If the contract price is less than the deposit, the Authority shall
refund the amount by which the deposit exceeds the contract price. Any amount so
34
deposited with the Authority by the developer shall be placed in a separate savings
account in a bank and all interest earned thereon stall be credited to the developer.
80.
Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land and upon
request of the Authority, transfer to the Authority, at no cost to the Authority, and
clear of all lines and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided which are
approved and designed by the Authority for public use as streets, or other
rights-of-way, or for other public use;
(b)
all services or public works including streets, water supply and
distribution and sanitary and storm drainage systems installed in the
subdivision that are normally owned and operated by the Authority.
(2)
Before the Authority shall accept the transfer of lands, services or public works of
any subdivision, the Engineer shall, at the cost to the developer, test the streets,
services and public works installed in the subdivision and certify his satisfaction
with their installation.
(3)
The Authority shall not provide maintenance for any street, service or public work
in any subdivision until such time as such street, service or public work has been
transferred to and accepted by the Authority.
81.
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Authority is
satisfied that:
(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.
35
82.
Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provisions for the grouping of building types
and for landscaping in order to enhance the visual aspects of the completed
development and to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by the Authority, shall be changed without
written application to and subsequent approval of the Authority.
36
PART V - USE ZONES
83.
Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use Zones
which are shown on the Zoning Map attached to and forming part of these
Regulations.
(2)
Subject to Regulation 83(3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in
the Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not
set out in the Use Zone Tables in Schedule C, the Authority may in its discretion,
determine the standards, requirements and conditions which shall apply.
84.
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in
Schedule C shall be determined by the Authority in accordance with the classification
and examples set out in Schedule B.
85.
Permitted Uses
Subject to these Regulations, the uses that fall within the permitted Use Classes set out in
the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that
Use Zone.
37
86.
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set
out in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone
if the Authority is satisfied that the development would not be contrary to the general
intent and purpose of these Regulations, the Municipal Plan, or any further scheme or
plan regulation pursuant thereto, and to the public interest, and if the Authority has given
notice of the application in accordance with Regulation 22 and has considered any
objections or representations which may have been received on the matter.
87.
Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or discretionary Use Classes set
out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use
Zone.
38
SCHEDULE A - DEFINITIONS
ACCESS: a way, intended for use by vehicles, pedestrians or animals as a means of going from
a road, street or highway to land adjacent to it.
ACCESSORY BUILDING: a detached subordinate building not used for human habitation,
located on the same lot as the main building structure or use to which it is accessory, the use of
which is naturally or customarily incidental and complementary to the main use of the building,
land or structure, and shall include:
(a) In the case of 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.
(b) In the case of commercial uses: workshops or garages.
(c) In the case of industrial uses: garages, offices, raised ramps and docks.
ACT: the urban and Rural Planning Act.
ADVERTISEMENT: any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part for
the purposes of advertisement, announcement or direction; excluding such thing employed
wholly as a memorial, or functional advertisement of Councils, or other local authorities , public
utilities and public transport undertakers, and including any hoarding or similar structure used or
adapted for use for the display of advertisements.
AGRICULTURE: horticulture, fruit growing, grain growing, 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, osier 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, and "agriculture" shall be
construed accordingly.
AMUSEMENT USE: the use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pin ball games and slot
machine arcades and billiard and pool halls.
39
ANIMAL UNIT: any one of the following animals or groups of animals:
1 Bull
1000 Broiler Chicken or roasters (1.8-2.3 kg each)
1 Cow (including calf)
100 Female Mink (including associated males and kits)
100 Female Rabbits (including associated males and litter)
4 Goats
X Hogs (based on 453.6 kg = 1 unit
1 Horse (including foal)
125 Laying Hens
4 Sheep (including lambs)
1 Sow or Bread Sow (including weaners and growers based on 453.6 kg = 1 unit)
X Turkeys, Ducks, Geese (based on 2,268 kg = 1 unit)
APARTMENT BUILDING: a building containing three or more dwelling units, but does not
include a row dwelling.
APPEAL BOARD: the appropriate Appeal Board established under the Act.
ARTERIAL STREET: the streets in the Planning Area constituting the main traffic arteries of
the area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map.
BOARDING HOUSE: a dwelling in which at least 2 rooms are regularly rented to persons
other than the immediate family of the owner or tenant.
BUILDING: every structure, erection, excavation, alteration or improvement whatsoever placed
on, over or under land, or attached, anchored or moored to land, and includes mobile structures,
vehicles and marine vessels adapted or constructed for residential, commercial, industrial and
other like uses, and any part of the building as so defined and any fixture that form part of a
building.
BUILDING LINE: a line established by the Authority to set the horizontal distance between
the closest point of a building and the street line.
COLLECTOR STREET: a street that is designed to link local streets with arterial streets and
which is designed as a collector street in the Municipal Plan, or on the Zoning Map.
DAYCARE CENTRE or DAY NURSERY: 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 Day Nurseries Act, but does not include a school as defined by the Schools
Act.
40
DEVELOPMENT: the carrying out of any building, engineering, mining or other operations in,
on, over, or under land, or the making of any material change in the use, or the intensity of use of
any land, buildings, or premises and without limiting the generality of the foregoing, shall
specifically include:
a)
The making of an access onto a highway, road or way;
b)
The making of an advertisement or sign;
c)
The parking of a trailer, or vehicle of any description used for the sale of
refreshments or merchandise, or as an office, or for living accommodation, for
any period of time.
and shall exclude:
d)
The carrying out of works for the maintenance, improvement or other alternation
or any building, being works which affect only the interior of the building or
which do not materially affect the external appearance or use of the building;
e)
The carrying out by a highway authority of any works required for the
maintenance or improvement of a road, being works carried out on land within the
boundaries of the road reservation;
f)
The carrying out by any local authority or statutory undertakers of any works for
the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables
or other apparatus, including the breaking open of any street or other land for that
purpose;
g)
The use of any building or land within the curtilage of a dwelling houses for any
purpose incidental to the enjoyment pf the dwelling house as such.
DIRECTOR: the Director of Urban and Rural Planning.
DOUBLE DWELLING: a building containing two dwelling units, placed one above the other,
or side by side, but does not include a self-contained dwelling containing a subsidiary apartment.
DWELLING UNIT: a self-contained unit consisting of one or more habitable rooms used or
designed as the living quarters for one household.
ENGINEER: a professional engineer or retained by the Authority.
FAMILY AND GROUP CARE CENTRE: a dwelling accommodating up to but no more than
six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this
definition includes, but is not limited to, the facilities called "Group Homes", "Halfway House",
and "Foster Home".
FLOOR AREA: the totally area of all floors in a building measured to the outside face exterior
walls.
41
FRONTAGE: the horizontal distance between side lot lines measured at the building line.
FRONT YARD DEPTH: the distance between the front lot line of a lot and the front wall of
the main building on the lot.
GARAGE: a building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GENERAL INDUSTRY: the use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up,
demolishing, or treating any article, commodity or substance; and "industry" shall be construed
accordingly.
GENERAL GARAGE: land or building used exclusively for repair, maintenance and storage
of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY: the use of land or buildings for industrial purposes involving the
use of materials or processes which because of their inherent characteristics, constitute a special
fire, explosion, radiation or other hazard.
INSPECTOR: any person appointed and engaged as an Inspector by the Authority or by federal
or provincial authority or the agent thereof.
INSTITUTION: a building or part thereof occupied or used by persons who:
(a)
Are involuntarily detained, or detained for penal or correctional purposes, or whose
liberty is restricted; or
(b)
Require special care or treatment because of age, mental or physical limitations or
medical condition
LAND: includes land covered by water, and building and structures on, over, or under the soil
and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY: use of any land or buildings for any general industrial use that can be
carried out without hazard or intrusion and without detriment to the amenity of the surrounding
area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
LOCAL STREET: a street designed primarily to provide access to adjoining land and which is
not designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map.
LODGING HOUSE: a dwelling in which at least 2 rooms are regularly rented to persons other
than the immediate family of the owner or tenant.
42
LOT: any plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building.
LOT COVERAGE: the combined area of all buildings on the lot measured at the level of the
lowest floor above the established grade expressed as a percentage of the total area of the lot.
LOT AREA: the total horizontal area within the lot lines of the lot.
MINERAL WORKING: land or building used for the working or extraction of any naturally
occurring substance.
MOBILE HOME: a transportable factory-built single family dwelling unit:
(a)
Which complies with space standards substantially equal to those laid down in the
Canadian Code for Residential construction and is in accordance with the construction
standards laid down and all other applicable Provincial and Municipal Codes; and,
(b)
Which is designed to be:
(j)
Transported on its own wheels and chassis to a mobile home lot, and subsequently
supported on its own wheels, jacks, posts or piers or on a permanent foundation;
and,
(ii)
Connected to exterior public utilities approved by the Authority, namely, piped
water, piped sewer, electricity and telephone, in order for such mobile home unit
to be suitable for year round term occupancy.
MOBILE HOME PARK: a mobile home development under single or joint ownership. Cared
for a controlled by a mobile home park operator where individual mobile home lots are rented or
leased with or without mobile home units placed on them and where ownership and
responsibility for the maintenance and development of site facilities including underground
services, access roads, communal areas, snow clearing and garbage collection, or any of them,
are the responsibility of the mobile home park management, and where the mobile home
development is classified as a mobile home park by the Authority.
MOBILE HOME SUBDIVISION: a mobile home development requiring the subdivision of
land whether in single or joint ownership into two or more pieces or parcels of land for the
purpose of locating thereon mobile home units under either freehold or leasehold tenure and
where the maintenance of streets and services is the responsibility of a municipality or public
authority, and where the mobile home development is classified as a mobile home subdivision by
the Authority.
43
OWNER: any person, firm or corporation controlling the property under consideration.
PIT AND QUARRY WORKING: carries the same meaning as Mineral Working.
REAR YARD DEPTH: distance between the rear lot line and the rear wall of the main building
on the lot.
RESTAURANT: a building or part thereof, designed or intended to be used or occupied for the
purpose of serving the general public with meals or refreshments for consumption on the
premises.
ROW DWELLING: three or more dwelling units at ground level in one building, each unit
separated vertically from the others.
SEASONAL RESIDENCE: a dwelling which is designed or intended for seasonal recreational
use, and is not intended for use as permanent living quarters.
SERVICE STATION: any land or building used exclusively for the sale of petroleum products,
automotive parts and accessories, minor repairs, washing and polishing of motor vehicles.
SERVICE STREET: a street constructed parallel to or close to another street for the purpose of
limiting direct access to that street.
SHOP: a building or part thereof for retail trade wherein the primary purpose is the selling or
offering for sale of goods, wares, or merchandise by retail or the selling or offering for sale of
retail services but does not include an establishment wherein the primary purpose is the serving
of meals or refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE: a group of shops and complementary uses with integrated parking and
which is planned, developed and designed as a unit containing a minimum of 5 retail
establishments.
SIDEYARD WIDTH: the distance between a side lot line and the nearest side wall of any
building on the lot.
SHOWROOM: a building or part of a building in which samples or patterns are displayed and
in which orders may be taken for goods, wares, or merchandise, including vehicles and
equipment, for later delivery.
STREET: any street, road or highway or any other way designed or intended for public use for
the passage of vehicles and pedestrians, owned by the Authority or other public agency and
maintained at public expense, and is accessible to Fire Department vehicles and equipment.
STREET LINE: the edge of a street, road or highway reservation as defined by the authority
having jurisdiction.
44
SUBDIVISION: the dividing of any land, whether in single or joint ownership, into two or
more pieces for the purpose of development.
SUBSIDIARY APARTMENT: a separate dwelling unit constructed within and subsidiary to a
self-contained dwelling.
TAKE-OUT FOOD SERVICE: a building in which the primary purpose is the preparation and
sale of meals or refreshments for consumption off the premises.
TAVERN: a nightclub and means a building licensed or licensable under the Liquor Control
Act wherein meals and food may be served for consumption on the premises and in which
entertainment may be provided.
USE ZONE or ZONE: an area of land including buildings and water designed on the Zoning
Map to which the uses, standards and conditions of a particular Use Zone Table in Schedule C of
the Regulations relate.
ZONING MAP: the map or maps attached to and forming part of the Regulations.
45
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
USES
1. Assembly Uses
for the production
and viewing of the
performing arts
(a) Theatre
Motion Picture Theatres
TV Studios admitting an
audience
2.
General Assembly
Uses
(b) Cultural and
Civic
Libraries
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(c) General
Assembly
Community Halls
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowling Alleys
(d) Educational
Schools
Colleges (non-residential)
(e) Place of
Worship
Churches and similar
places of worship
Church Halls
(f) Passenger
Assembly
Passenger Terminals
(g) Club and
Lodge
Private Clubs and Lodges
(Non-Residential)
(h) Catering
Restaurants
Bars
Lounges
(i) Funeral Home
Funeral Homes and
Chapels
(j) Child Care
Day Care Centres
(k) Amusement
Electronic Games
Arcades
Pinball Parlours
Poolrooms
3.
Arena-Type Uses
(a) Indoor
Assembly
Arenas
Armouries
Ice Rinks
Indoor Swimming Pools
46
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
USES
(cont'd)
4.
Open-Air Assembly
Uses
(a) Outdoor
Assembly
Bleachers
Grandstands
Outdoor Ice Rinks and
Swimming Pools
Amusement Parks and
Fairgrounds
Exhibition Grounds
Drive-In Theatres
GROUP
DIVISION
CLASS
EXAMPLES
B. INSTITU-
TIONAL
USES
1.
Penal and
Correctional
Institutional Uses
(a) Penal and
Correctional
Detention
Jails
Penitentiaries
Police Stations (with
Detention quarters)
2. Special Care
Institutional Uses
(a) Medical
Treatment and
Special Care
Children's Homes
Convalescent Homes
Homes for the Aged
Hospitals
Infirmaries
Orphanages
Psychiatric Hospitals
Sanatoria
C. RESIDENTIAL
USES
1. Residential Dwelling
Uses
(a) Single
Dwelling
Single Detached
Dwellings
Family and Group Homes
(b) Double
Dwelling
Semi-detached Dwellings
Duplex Dwellings
Family and Group Homes
(c) Row Dwelling Row Houses
Town Houses
Family and Group Homes
(d) Apartment
Building
Apartments
Family and Group Homes
2. General Residential
Uses
(a) Collective
Residential
Residential Colleges and
Schools
University and College
Halls of Residence
Convents & Monasteries
Nurses and Hospital
Residences
47
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDENT-
IAL USES
(cont'd)
2. General Residential
Uses (cont'd)
(b) Boarding
House
Residential
Boarding Houses
Lodging Houses
(c) Commercial
Residential
Hotels and Motels
Hostels
Residential Clubs
(d) Seasonal
Residential
Summer Homes and
Cabins
Hunting and Fishing
Cabins
(e) Mobile
Homes
Mobile Homes
D. BUSINESS
AND
PERSONAL
SERVICE
USES
1. Business,
Professional and
Personal Service
Uses
(a) Office
Offices ( including
Government
Offices)
Banks
(b) Medical and
Professional
Medical Offices and
Consulting
Rooms
Dental Offices and
Surgeries
Legal Offices
Similar Professional
Offices
(c) Personal
Service
Barbers
Hairdressers
Beauty Parlors
Small Appliance
Repairs
(d) General
Service
Self-service Laundries
Dry Cleaners (not
using flammable or
explosive
substances)
Small Tool & Appliance
Rentals
Travel Agents
48
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
PERSONAL
SERVICE
USES (cont'd)
1
Business,
Professional &
Personal Service
Uses (cont'd)
(e) Communi-
cations
Radio Stations
Telephone Exchanges
(f) Police Station
Police Stations without
detention quarters
(g) Taxi Stand
Taxi Stands
(h) Take-out
Food Service
Take-out Food Service
(i) Veterinary
Veterinary Surgeries
E. MERCAN-
TILE USES
1.
Retail Sale and
Display Uses
(a) Shopping
Centre
Shopping Centres
(b) Shop
Retail Shops and Stores
and Showrooms
Department Stores
(c) Indoor Market Market Halls
Auction Halls
(d) Outdoor
Market
Market Grounds
Animal Markets
Produce and Fruit Stands
Fish Stalls
(e) Convenience
Store
Confectionary Stores
Corner Stores
Gift Shops
Specialty Shops
F. INDUSTRIAL
USES
1.
Industrial uses
involving highly
combustible and
hazardous
substances and
processes
(a) Hazardous
Industry
Bulk Storage of
hazardous liquids
and substances
Chemical Plants
Distilleries
Feed Mills
Lacquer, Mattress, Paint,
Varnish, and Rubber
Factories
Spray Painting
49
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
USES (cont'd)
2.
General Industrial
Uses involving
Limited Hazardous
Substances and
Processes
(a) General
Industry
Factories
Cold Storage Plants
Freight Depots
General Garages
Warehouses
Workshops
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
(b) Service
Station
Gasoline Service
Stations
Gas Bars
3.
Light, Non-
hazardous or Non-
intrusive Industrial
Uses
(a) Light Industry
Light Industry
Parking Garages
Indoor Storage
Warehouses
Workshops
50
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G. NON-
BUILDING
USES
1.
Uses not directly
related to building
(a) Agriculture
Commercial Farms
Hobby Farms
Market Gardens &
Nurseries
(b) Forestry
Tree Nurseries
Silviculture
(c) Mineral
Working
Quarries
Pits
Mines
Oil Wells
(d) Recreational
Open Space
Playing Fields
Sports Grounds
Parks
Playgrounds
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural, Historical
and Scenic Sites
Steep Slopes
Wildlife Sanctuaries
(f) Cemetery
Cemeteries
Graveyards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
(h) Solid Waste
Solid Waste Disposal
Sanitary Land Fill
Incinerators
(i) Animal
Animal Pounds
Kennels
Zoos
(j) Antenna
TV, Radio and
Communications
Transmitting and
Receiving Masts and
Antennae
(k) Transport-
ation
Airfields
Railway Yards
Docks and Harbours
51
SCHEDULE C - USE ZONE TABLES
NOTE:
This schedule contains tables using the use classes which may be permitted or
which may be treated as discretionary use classes for the purpose of these
Regulations. The tables also indicate the required standards of development and
may also include conditions affecting some or all of the use classes.
The schedule contains tables for the following Use Zones:
Mixed Development
Residential
Comprehensive Development Area (Residential)
Commercial
Educational
Rural & Resource
Comprehensive Development Area (Mixed)
Summer Cottage
Environmental Protection
Recreational Open Space
Heritage Preservation
52
USE ZONE TABLE - MIXED DEVELOPMENT (MD)
ZONE TITLE
MIXED DEVELOPMENT (MD) (PILLEY'S ISLAND)
PERMITTED USE CLASSES - (see Regulation 85)
All use classes within the residential dwelling uses division, recreation open space.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
All use classes in the general assembly division, (except seasonal residential), all use classes in
the business and personal services use group, all use classes in the mercantile group, light
industry, cemetery, antenna.
CONDITIONS
1.
Development Standards
Lot area (minimum) Both services (water & sewer) .................................... 450 m²
One Service (water or sewer) .................................... 400 m²
Frontage (minimum) ........................................................................................ 15 m
Building Line Setback (minimum) .................................................................... 6 m
Building Line Setback (maximum) .................................................................. 30 m
Sideyard Width (minimum) ............................................................................ 1.5 m
Rearyard Depth (minimum) .............................................................................. 9 m
Lot Coverage (maximum) ................................................................................ 33 %
Height (maximum) ............................................................................................. 8 m
2.
Discretionary Use Classes
(i)
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
(ii)
Maximum floor area of a non-residential dwelling use shall be 200 m².
(iii)
The catering use class is limited to restaurants only.
53
3.
Accessory Buildings
Accessory buildings shall have a maximum total lot coverage of 7% or a maximum floor
area of 55 m² whichever is the lesser and a maximum height of 3.5 metres. Accessory
buildings shall be located in the rearyard and shall be a minimum of 3 metres from the
nearest part of a main building and a minimum of 1 metre from a side and rear lot line.
4.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot
or site occupied by a use permitted or existing as a legal non-conforming use in this use
zone, shall be as follows:
(i)
The size, shape, illumination and material construction of the advertisement shall
meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general amenities
of the surrounding area.
(ii)
No advertisement shall exceed 5 metres ² in area.
A ground sign or pylon sign is a sign affixed to, supported by or placed upon the ground
whether the ground is paved or unpaved, and which is supported by one or more uprights
and is not attached to any building.
One ground or pylon sign shall be permitted per street frontage of a lot, subject to the
following conditions:
(a) The sign shall have a maximum overall vertical height of 8.0 m above the surface of
the ground.
(b) The sign shall have a maximum overall horizontal length of 6.0 m.
(c) The maximum area for sign shall be 50 m2 exclusive or the sign's supports and
mounts.
(d) The sign shall be setback a minimum distance of half the height of the sign from the
property's front lot line.
(e) The sign shall be setback a minimum distance of 1 m from the property side lot lines
(f) The sign shall have a minimum separation distance of 2 m to an adjoining dwelling,
apartment, school or church.
(g) There shall not be any electrical component of the sign within 1 m above the surface
of the ground.
54
(h) A minimum separation distance of 15 m shall be maintained between ground or
pylon signs located on abutting properties.
(i) The ground or pylon signs shall not be permitted to be located along the lot line that
abuts a residential lot, except at the discretion of Council.
(j) The sign shall be anchored and constructed in accordance with the engineering
drawings approved by Council.
DRA-2014-3 and NL Gazette
5.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific land use,
shall be as follows:
(i)
Each advertisement shall not exceed three metres² in area.
(ii)
When the advertisements relate to a specific land use, they shall be located within
a reasonable distance of, and only show thereon the name and nature of the
distance or direction to the premises to which they relate.
(iii)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of streets,
the location of street junctions, the location of nearby buildings and the
preservation of the amenities of the surrounding area.
55
6.
Municipal Services
Development with plumbing shall be connected to municipal water and sewer services.
7.
Access
The frontage of each lot shall be on a publicly owned and maintained street and access to
the lot must be obtained from this street.
8.
Height
"Height" means the height of a building measured as the vertical distance between the
ground level and
(a)
the highest point of the roof surface of a flat roof;
(b)
the deck line of a mansard roof;
(c)
the median level between eaves and ridge of a gable, gambrel or hip roof.
Where the ground level of a lot occupied by a building varies, the Authority shall
determine the ground level for the purpose of determining height.
9.
Effects of Non-Residential Uses on Adjacent Residential Land
Non-residential development shall be located and designed to minimize the effect of
traffic, noise, signs, and lighting on adjacent residential areas.
The Authority may refuse a non-residential development that may compromise amenity
or safety of a residential use.
10.
Screening & Buffers
The Authority may require the provision of buffers or adequate screening between non-
residential uses and adjacent residential uses in order to protect dwellings from noise,
light, traffic, fumes, and unsightliness of development.
56
USE ZONE TABLE - RESIDENTIAL (R)
ZONE TITLE RESIDENTIAL (R) (PILLEY'S ISLAND)
PERMITTED USE CLASSES - (see Regulation 85)
Single dwelling, double dwelling, recreation open space.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Apartment building, boarding house, convenience store, medical and professional, personal
service, childcare, and antenna.
STANDARDS
WHERE PERMITTED
Single
Dwelling
Double
Dwelling
Row
Dwelling
APARTMENT BUILDING
1
Bed
Apt.
2
Bed
Apt.
3
Bed
Apt.
4 Bed
Apt.
Lot area (m²) minimum
450
390
*
350
*
(average)
200
*
250
*
280
*
300
*
Floor area (m²) minimum
80
80
*
65
*
40
*
50
*
60
*
70
*
Frontage (m) minimum
15
26
12
*
(average)
42
Building Line Setback (m)
(minimum)
6
6
8
10
Building Line Setback (m)
(maximum)
30
30
30
30
Sideyard Width (m)
(minimum)
1.5
1.5
1.5
5
Rearyard Depth (m)
(minimum)
9
9
9
9
Lot Coverage (%)
(maximum)
33
33
33
33
Height (m)
(maximum)
8
8
10
10
(See Conditions)
*Per dwelling unit
57
CONDITONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes
or that their development will not inhibit or prejudice the existence or the development of
such uses.
2.
Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following
conditions:
(i)
The store shall form part of, or be attached to a single dwelling.
(ii)
The retail use shall be subsidiary to the residential character of the area, and shall
not affect residential amenities of adjoining properties.
(iii)
Not more than twenty-five (25) percent of the total floor area of the dwelling up
to a maximum of forty-five (45) metres² is devoted to the use. The minimum
required single dwelling floor area shall continue to be met.
(iv)
A minimum number of 2 parking spaces shall be required.
3.
Medical, Professional and Personal Service Uses
Medical, professional and personal service uses may be permitted as a discretionary use
in a single dwelling in the form of doctors' consulting rooms, personal services, small
business services, small appliance repair and sporting goods repair service and similar
uses provided that:
(i)
The use is clearly a subsidiary use to the residential use and does not detract from
the residential character of the neighbourhood.
(ii)
The use does not alter the residential appearance or require external modification
of the dwelling unit.
(iii)
Activities associated with the use shall be carried on inside the dwelling unit or
inside a building separate from the dwelling unit but on the same lot.
(iv)
Not more than twenty-five (25) percent of the floor area of the dwelling unit up to
a maximum of forty-five (45) metres² is devoted to the use. The dwelling unit
must continue to meet the dwelling unit minimum floor area requirement.
58
(v)
The use is operated by a resident of the dwelling unit and does not employ more
than one person in addition to the resident.
(vi)
Office uses shall be limited to small business services and professional offices.
(vii)
Light Industry uses shall be limited to production of baked goods, hand-made
articles such as clothing and arts and crafts objects.
(viii) There is no open storage of goods or materials on the lot.
(ix)
The use shall not generate traffic, sewerage or water use in excess of what is
normal in the residential area and can be accommodated by the existing municipal
road, water and sewer services.
(x)
Activities associated with the use are not hazardous and do not cause noticeable
noise, odour, dust or fumes, nor cause electrical interference or in any other way
result in a nuisance to the occupants of surrounding residences.
(xi)
One building only separate from the dwelling unit, may be used in connection
with a light industrial use and shall conform to the Accessory Building condition
for the use zone.
(xii)
No sign will be permitted other than a name plate not exceeding 0.2 m in area
which is attached to the principal building. No illumination of the sign will be
permitted.
(xiii) The Authority may require fencing, screening or separation to protect the amenity
of adjacent uses.
(xiv) Parking requirements are as set out in Schedule D; however, a minimum of one
space is required for a home occupation. The minimum required parking for the
dwelling must continue to be met.
(xv)
The residential lot has sufficient area to accommodate the parking requirements of
both the dwelling unit and the home occupation use.
(xvi) No change in type, class or extent of the use shall be permitted except in
accordance with a permit issued by the Authority.
4.
Accessory Building
Accessory buildings shall have a total lot coverage no greater than 7% or a maximum
floor area of 55 m² for each accessory building whichever is the lesser and a height of no
more than 3 metres. Accessory buildings shall be located in the rear or sideyard and shall
be a minimum of 3 metres from the nearest part of a main building and a minimum of 1
metre from a side or rear lot line.
59
5.
Services
Development with plumbing shall be connected to municipal water and sewer services
where available.
6.
Access
The frontage of each lot shall be on a publicly owned and maintained street and access to
the lot must be obtained from the street.
7.
Height
"Height" means the height of a building measured as the vertical distance between the
ground level and
(a)
the highest point of the roof surface of a flat roof;
(b)
the deck line of a mansard roof;
(c)
the median level between eaves and ridge of a gable, gambrel or hip roof.
Where the ground level of a lot occupied by a building varies, the Authority shall
determine the ground level for the purpose of determining height.
60
USE ZONE TABLE - COMREHENSIVE DEVELOPMENT AREA (CDA-RES)
ZONE TITLE COMPREHENSIVE DEVELOPMENT AREA (CDA-RES) (P.I.)
PERMITTED USE CLASSES - (see Regulation 85)
Conservation
DISCRETIONARY USE CLASSES - (see Regulations 22 and 85)
None
CONDITIONS
1.
Residential Development in the Comprehensive Development Area
Development within the CDA-RES zone will not be permitted until an overall plan for
the development of the area has been prepared and approved by Council. Standards set
out in Part IV (Subdivision of Land) in these regulations shall apply to proposed
development in the CDA-RES. An Amendment to the Development Regulations will be
necessary before residential development proceeds in the CDA-RES.
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USE ZONE TABLE - COMMERCIAL (COMM)
ZONE TITLE COMMERCIAL (COMM) (PILLEY'S ISLAND)
PERMITTED USE CLASSES - (see Regulation 85)
Service station, commercial residential, catering, shop, passenger assembly, communications,
antenna, convenience store, indoor market, all use classes in the business, professional and
personal service use division, (except take-out food services).
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Take-out food service, amusement, light industry, recreational open space, outdoor market.
CONDITIONS
1.
Development Standards
Lot area (minimum) Both services (water & sewer) .................................... 450 m²
One Service (water or sewer) ....................................1400 m²
Frontage (minimum) ........................................................................... 15 m
Building Line Setback (minimum) ............................................................ 6 m
Building Line Setback (maximum) ........................................................... 30 m
Sideyard Width (minimum) .................................................................. 1.5 m
Rearyard Depth (minimum) ..................................................................... 9 m
Lot Coverage (maximum) ..................................................................... 33 %
Height (maximum) ............................................................................... 8 m
2.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes
or that their development will not inhibit or prejudice the existence or the development of
such uses.
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3.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot
or site occupied by a use permitted or existing as a legal non-conforming use in this use
zone, shall be as follows:
(i)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(ii)
No advertisement shall exceed 5 square metres in area.
4.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific land use,
shall be as follows:
(i)
Each advertisement shall not exceed three square metres in area.
(ii)
When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature of
the distance or direction to the premises to which they relate.
(iii)
The location, sitting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
5.
Access
(i)
The Authority may determine the location and number of accesses for a use.
(ii)
The frontage of each lot shall be on a publicly owned and maintained street
and access to the lot must be obtained from this street.
6.
Height
"Height" means the height of a building measured as the vertical distance between the
ground level and
(a)
The highest point of the roof surface of a flat roof;
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(b)
The deck line of a mansard roof;
(c)
The median level between eaves and ridge of a gable, gambrel or hip roof.
Where the ground level of a lot occupied by a building varies, the Authority shall
determine the ground level for the purpose of determining height.
7.
Municipal Services
Development with plumbing shall be connected to municipal water and sewer services
where available.
DRA-2009-2 and NL Gazette
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USE ZONE TABLE - EDUCATIONAL (ED)
ZONE TITLE EDUCATIONAL (ED) (PILLEY'S ISLAND)
PERMITTED USES CLASSES - (see Regulation 85)
Educational, recreational open space, antenna.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Indoor assembly, outdoor assembly, general assembly.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
(i)
Minimum Building Line Setback....................................... 10 metres
(ii)
Minimum Sideyard Width ................................................... 5 metres
(iii)
Minimum Rearyard Depth ................................................. 15 metres
(iv)
Maximum Height ............................................................... 15 metres
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot
or site occupied by a use permitted or existing as a legal non-conforming use in this use
zone, shall be as follows:
(i)
The size, shape, illumination and material construction of the advertisement shall
meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general amenities
of the surrounding area.
(ii)
No advertisement shall exceed 5 metres² in area.
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3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific land use,
shall be as follows:
(i)
Each advertisement shall not exceed three metres² in area.
(ii)
When the advertisements relate to a specific land use, they shall be located within
a reasonable distance of, and only show thereon the name and nature of the
distance or direction to the premises to which they relate.
(iii)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of streets,
the location of street junctions, the location of nearby buildings and the
preservation of the amenities of the surrounding area.
4.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes
or that their development will not inhibit or prejudice the existence or the development of
such uses.
5.
General assembly, indoor assembly, and outdoor assembly shall be limited to uses
associated with the educational use class.
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USE ZONE TABLE - RURAL & RESOURCE (RR)
ZONE TITLE RURAL & RESOURCE (RR) (PILLEY'S ISLAND)
PERMITTED USE CLASSES - (see Regulation 85)
Forestry, agriculture, recreation, open space, antenna.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Outdoor assembly, hazardous industry, general industry, solid waste, catering, commercial
residential, convenience store, residential, seasonal residential, mineral working, and scrapyard.
CONDITIONS
1.
Development Standards
(i)
Building Line Setback (minimum) ...................................................... 10 m
(ii)
Frontage (minimum) ............................................................................ 30 m
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot
or site occupied by a use permitted or existing as a legal non-conforming use in this use
zone, shall be as follows:
(i)
The size, shape, illumination and material construction of the advertisement shall
meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general amenities
of the surrounding area.
(ii)
No advertisement shall exceed 5 metres² in area.
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3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific land use,
shall be as follows:
(i)
Each advertisement shall not exceed three metres² in area.
(ii)
When the advertisements relate to a specific land use, they shall be located within
a reasonable distance of, and only show thereon the name and nature of the
distance or direction to the premises to which they relate.
(iii)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of streets,
the location of street junctions, the location of nearby buildings and the
preservation of the amenities of the surrounding area.
4.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes
or that their development will not inhibit or prejudice the existence or the development of
such uses.
5.
Catering Use Class
The catering use class shall be limited to a restaurant and allowed only in conjunction
with a commercial residential use.
6.
Commercial Residential
Commercial residential shall be limited to tourist cabins.
7.
Convenience Store
A convenience store will only be permitted in conjunction with a tourist camping park or
a commercial residential use.
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8.
Residential
(i)
A single dwelling is permitted only in conjunction with an agricultural use and
where an onsite residence is necessary to the successful operation of the
agriculture use.
(ii)
Minimum lot size for an agriculture use with a subsidiary single dwelling shall be
2 hectares.
9.
Industrial
With respect to general industry and hazardous industry use classes, the use may be
permitted if the following conditions are met:
(i)
The proposed use is unsuitable for location in the urbanized areas because of
extensive land requirements or outdoor storage;
(ii)
The use will not require municipal water and sewer services;
(iii)
Where the authority deems it necessary, the site shall be screened from all public
roads and the built up-area, and all uses within the zone or adjacent zones;
(iv)
The site can be developed and the use carried out without negative impact on the
environment and amenities of the community, including water courses and ponds.
10.
Mineral Workings and Solid Waste
The following requirements shall be met:
(i)
Separation from Adjacent Uses
Minimum Distance of
Pit of Quarry Working
From Existing or proposed
Residential Development
300 metres
Any other developed area or area
likely to be developed during the
life of the pit or quarry working
150 metres
Public highway or street
90 metres
Waterbody or watercourse
50 metres
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(ii)
Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any waterbody or watercourse. Any access road to a
pit or quarry working which crosses a brook or stream shall be bridged or
culverted at the crossing in accordance with the Regulations of the Department of
Environment and Lands.
(iii)
Water Ponding
No mineral working shall result in the excavation of areas below the level of the
water table nor in any way cause the accumulation of ponding of water in any part
of the site. Settling ponds may be permitted with the approval of the Department
of Environment and Lands.
(iv)
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of
adjacent land.
(v)
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and
abandoned equipment and any derelict buildings.
(vi)
Access Roads
During extended periods of shutdown, access roads to a mineral working shall be
ditched or barred to the satisfaction of the Authority.
(vii)
Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron
stained layer, shall be stripped and stockpiled at least 5 metres from active quarry
or stockpile areas. The owner or operator shall ensure that the quality of the
topsoil is not affected by dilution with other materials.
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(viii)
Operating Plant and Associated Processing and Manufacturing
The Authority may permit processing and manufacturing use associated with
mineral workings provided that, in the opinion of the Authority, the use does not
create a nuisance nor is liable to become a nuisance or offensive by the creation of
noise or vibration, or by reason of the emission of fumes, dust, dirt, objectionable
odour, or by reason of unsightly storage of materials.
(ix)
All permanent or temporary buildings, plants and structures associated with
processing and manufacturing will be located so as not to interfere with the
present or future extraction of aggregate resources.
(x)
The Authority may specify a minimum separation distance between operating
plant or associated processing and manufacturing structure or equipment and
adjacent developed areas likely to be developed during the life of the mineral
working.
(xi)
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 be graded to slopes less than 20º or to the
slope conforming to that existing prior to the mineral working.
(c)
Topsoil and any organic materials shall be respread over the entire
quarried area.
(d)
The access road to the working shall be ditched or barred to the
satisfaction of the Authority.
(xii)
If the mineral working contains reserves of material sufficient to support further
extraction operations, the Authority may require the work described above to be
carried out only in areas of the site where extraction has depleted aggregate
reserves.
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(xiii)
Screening for Mineral Workings or Solid Waste
A solid waste, or mineral working shall be screened in the following manner
where it is visible from a public street or highway, developed area, or area likely
to be developed during the life of the use:
(a)
Where tree screens exist between the use and adjacent streets or other land
uses (excepting forestry and agriculture), the tree screens shall be retained
in a 30-metre wide strip of vegetation so that visibility of any part of the
use from the surrounding uses or streets will be prevented. The tree
screens must be maintained by the owner or occupier of the use to retain
30 metres in a forested appearance. Where vegetation dies or is removed
from the 30-metre strip, the Authority may require new trees of a
minimum height of 1 metre be planted to fill in the areas affected to the
satisfaction of the Authority.
(b)
Where no tree screens exist of sufficient width and density to constitute a
visual screen, earthen berms shall be constructed to a height sufficient to
prevent visibility of any part of the use from adjacent uses (excepting
forestry and agriculture), or adjacent streets. The berms shall be
landscaped to the Authority's satisfaction.
(c)
Where natural topography creates a visual screen between a solid waste
storage or disposal site and adjacent streets or other land use (excepting
forestry and agriculture), additional screening may not be required.
11.
Fencing for Mineral Workings, or Solid Waste
The Authority may require the mineral working site or excavated areas of a pit or quarry
working, scrapyard, or disposal site to be enclosed by a fence designed and constructed to
its specifications and no less than 1.8 metres in height.
12.
Solid Waste Buffer
All development applications within the Rural & Resource designation and located
within 1.6 km of the solid waste site shall be referred to the Department of Environment
& Lands for recommendation before the Authority issues a development permit.
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13.
Seasonal Residential
A seasonal residential development may be permitted.
Standards and conditions are the same as those for the "Summer Cottage" zone.
DRA-2001-1 and NL Gazette
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USE ZONE TABLE - COMPREHENSIVE DEVELOPMENT AREA (CDA-M)
ZONE TITLE COMPREHENSIVE DEVELOPMENT AREA (CDA-M) (PILLEY'S ISLAND)
PERMITTED USE CLASSES - (see Regulation 85)
Conservation
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
None
CONDITIONS
1.
Mixed Development in the Comprehensive Development Area
Development within the CDA Mixed Zone will not be permitted until the community
water line is extended to service the school. An amendment to the Development
Regulations will be necessary before development proceeds in the CDA.
When the water line is installed and the Development Regulations amended, permitted
uses, standards and conditions will be the same as for the Mixed Development Zone.
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USE ZONE TABLE - SUMMER COTTAGE (SC)
ZONE TITLE SUMMER COTTAGE (SC) (PILLEY'S ISLAND)
PERMITTED USE CLASSES - (see Regulation 85)
Seasonal Residential
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
None
CONDITIONS
1.
Standards
Lot area (minimum) ........................................................................ 2000 sq. metres
Lot frontage (minimum) ........................................................................... 30 metres
Sideyard width (minimum) ...................................................................... 7.5 metres
Building Line Setback (minimum) ........................................................... 15 metres
Rearyard Depth ......................................................................................... 15 metres
2.
Accessory Buildings
Building Line Setback ............................................................................... 15 metres
Rearyard Depth ......................................................................................... 15 metres
(excluding boat houses)
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USE ZONE TABLE - ENVIRONMENTAL PROTECTION (EP)
ZONE TITLE ENVIRONMENTAL PROTECTION (EP) (PILLEY'S ISLAND)
PERMITTED USE CLASSES - (see Regulation 85)
Conservation
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Forestry
CONDITIONS
All proposals for development must be approved by the Department of Environment and
Lands.
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USE ZONE TABLE - RECREATIONAL OPEN SPACE (ROS)
ZONE TITLE RECREATIONAL OPEN SPACE (ROS) (PILLEY'S ISLAND)
PERMITTED USE CLASSES - (see Regulation 85)
Recreational open space, conservation, outdoor assembly, and antenna.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Take-out food service and outdoor market.
CONDITIONS
1.
Development Standards
(i)
Building Line Setback (minimum) ........................................................ 8 m
(ii)
Sideyard Width (minimum) ................................................................... 5 m
(iii)
Rearyard Depth (minimum) ................................................................. 10 m
(iv)
Height (maximum) ............................................................................... 15 m
2.
Discretionary Use Classes
(i)
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
(ii)
Take-out food service and outdoor market shall be limited to serving patrons of
the permitted use class during operation of the facility.
3.
Environmentally Sensitive/Hazardous Areas
Areas that are environmentally sensitive or hazardous to development shall be excluded
from building related developments.
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USE ZONE TABLE - HERITAGE PRESERVATION (HP)
ZONE TITLE HERITAGE PRESERVATION (HP) (PILLEY'S ISLAND)
PERMITTED USE CLASSES - (see Regulation 85)
Conservation, cultural and civic, place of worship, recreation open space.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
None
CONDITIONS
1.
Development Building Plans
Building plans must be submitted for any proposed building construction or exterior
alteration or renovation in the Heritage Preservation Zone. However, in the case of
alteration of a minor nature which is not development, the Authority may require only a
description of the work submitted. Any such plans or description must be approved by
the Authority before any work takes place.
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot
or site occupied by a use permitted or existing as a legal non-conforming use in this use
zone, shall be as follows:
(i)
The size, shape, illumination and material construction of the advertisement shall
meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general amenities
of the surrounding area.
(ii)
No advertisement shall exceed 5 metres² in area.
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3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site
relating to a use permitted in this or another zone, or not relating to a specific land use,
shall be as follows:
(i)
Each advertisement shall not exceed three metres² in area.
(ii)
When the advertisements relate to a specific land use, they shall be located within
a reasonable distance of, and only show thereon the name and nature of the
distance or direction to the premises to which they relate.
(iii)
The location, siting and illumination of each advertisement shall be to the
satisfaction of the Authority, having regard to the grade and alignment of streets,
the location of street junctions, the location of nearby buildings and the
preservation of the amenities of the surrounding area.
4.
Cobb's Pond and Mine's Pond
Development around Cobb's Pond and Mine's Pond shall be limited to the Conservation
and Recreational Open Space land use classes.
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SCHEDULE D - OFF-STREET PARKING REQUIREMENTS
1.
The off-street parking requirements for uses in the various use classes set out in Schedule
B shall be as set out in the following table.
2.
In the case of developments including uses in more than one use class, these standards
shall be regarded as cumulative.
3.
Adequate off-street provision for drop-off and pick-up of persons shall be provided in
developments where required, such as uses within the educational, passenger assembly,
child care, medical treatment and special care, commercial residential and take-out food
service use classes.
GROUP
DIVISION
CLASS
MINIMUM OFF-STREET
PARKING REQUIREMENTS
A
1
(a) Theater
One space for every 5 seats.
2
(a) Cultural and civic
One space for every 50 square metres
of gross floor area.
(b) General Assembly
One space for every 10 square metre
of gross floor area.
(c) Educational
Schools - 2 spaces for every
classroom
Further education - 1 space for every
5 persons using the facilities (students,
faculty and staff).
(d) Place of Worship
One space for every 5 seats.
(e) Passenger Assembly
As specified by the Authority.
(f) Club and Lodge
One space for every 3 persons that
may be accommodated at one time.
(g) Catering
One space for every 3 customers that
may be accommodated at one time.
(h) Funeral Home
One space for every 10 square metres
of gross floor area.
(i) Child Care
One space for every 20 square metres
of gross floor area.
(j) Amusement
One space for every 10 square metres
of gross floor area.
3
(a) Indoor Assembly
One space for every 10 spectators that
may be accommodated at one time.
4
(a) Outdoor Assembly
As specified by the Authority
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GROUP
DIVISION
CLASS
MINIMUM OFF-STREET
PARKING REQUIREMENTS
B
1
(a) Penal and Correctional
Detention
As specified by the Authority
2
(a) Medical Treatment and
Special Care
One space for every 2 patients.
C
1
(a) Single Dwelling
Two spaces for every dwelling unit.
(b) Double Dwelling
Two spaces for every dwelling unit.
(c) Row Dwelling
Two spaces for every dwelling unit.
(d) Apartment Building
Three spaces for every 2-dwelling
units
2
(a) Collective Residential
As specified by the Authority
(b) Commercial Residential One space for every guest room
(c) Season Residential
One space for every residential unit.
(d) Mobile Home
Two spaces for every dwelling unit.
D
1
(a) Office
One space for every 20 square metres
of gross floor area.
(b) Medical and
Professional
One space for every 20 square metres
of gross floor area.
(c) Personal Service
One space for every 20 square metres
of gross floor area.
(d) General Service
One space for every 20 square metres
of gross floor area.
(e) Communications
As specified by the Authority
(f) Police Station
As specified by the Authority
(g) Taxi Stand
As specified by the Authority
(h) Take-put food service
One space for every 20 square metres
of gross floor area.
(i) Veterinary
One space for every 20 square metres
of gross floor area.
E
1
(a) Shopping Center
One space for every 15 square metres
of gross floor area.
(b) Shop
One space for every 20 square metres
of gross floor area.
(c) Indoor Market
As specified by the Authority
(d) Outdoor Market
As specified by the Authority
(e) Convenience Stores
One space for every 20 square metres
of gross floor area.
F
1
(a) Hazardous Industry
One space for every employee.
2
(a) General Industry
One space for every employee
(b) Service Station
One space for every 20 square metres
of gross floor area.
3
(a) Light Industry
One space for every employee.