Town of Port au Port West-Aguathuna-Felix Cove Development Regulations
Port au Port West-Aguathuna-Felix Cove, Newfoundland and Labrador
· adopted 2020-06-19
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Prepared by:
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Project ID: NMP-01-2018-001
Town of Port au Port West - Aguathuna - Felix Cove
- DEVELOPMENT REGULATIONS (2019-29)
Approved by Council on: -------------------------------------
Published in the NL Gazette on:
Prepared for the Town Council of:
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Resolution to Adopt ............................................................................................................................................................. 6
Resolution to Approve ......................................................................................................................................................... 7
Section A: Application and Division of Powers .................................................................................................................... 8
A.1 Application ............................................................................................................................................................... 8
A.1.1 Commencement .............................................................................................................................................. 8
A.1.2 Relation to Plan ................................................................................................................................................ 8
A.1.3 Minister's Development Regulations ............................................................................................................... 8
A.1.4 Units of Measurement. .................................................................................................................................... 9
A.1.5 Municipal Codes and Regulations ................................................................................................................. 10
A.1.6 General Prohibitions ...................................................................................................................................... 10
A.1.7 Definitions ...................................................................................................................................................... 10
A.1.8 References to National and Provincial Documents ....................................................................................... 10
A.2 Division of Powers .................................................................................................................................................. 10
A.2.1 Administration and Powers of the Delegated Employee ............................................................................... 10
A.2.1.1 General Administration ......................................................................................................................... 10
A.2.1.2 Intake and Review of Application or Request ....................................................................................... 11
A.2.1.3 Requirement for Additional Information or Study ................................................................................ 12
A.2.1.4 Issuance of Development Permit- Delegated Employee ..................................................................... 13
A.2.1.5 Approval in Principle- Delegated Employee ........................................................................................ 15
A.2.1.6 Refusal or Conditions - Delegated Employee ....................................................................................... 15
A.2.1.7 Right to Forward Application or Approval in Principle Request to Council ........................................... 16
A.2.1.8 Statement of Zoning for Property ......................................................................................................... 16
A.2.1.9 Statement of Compliance for Use and Development.. ......................................................................... 16
A.2.1.10 Orders - Delegated Employee ............................................................................................................ 16
A.2.1.11 Subdivision .......................................................................................................................................... 17
A.2.1.12 Development or New Lot with Private Access - Delegated Employee ............................................... 17
A.2.2 Powers of Council .......................................................................................................................................... 18
A.2.2.1 Delegation of Powers ............................................................................................................................ 18
A.2.2.2 Review of Application or Request ......................................................................................................... 18
A.2.2.3 Issuance of Development Permit - Council. ......................................................................................... 18
A.2.2.4 Extension of Development Permit... ..................................................................................................... 18
A.2.2.5 Cancellation or Suspension of Development Permit.. .......................................................................... 18
A.2.2.6 Approval in Principle - Council .............................................................................................................. 19
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 1 of 132
A.2.2.7 Refusal or Conditions- Council. ........................................................................................................... 19
A.2.2.8 Discretionary Use Application ............................................................................................................... 19
A.2.2.9 Variance Application .............................................................................................................................. 19
A.2.2.10 Non-conforming Use Application ........................................................................................................ 20
A.2.2.11 Amendment to Plan and/or Regulations ............................................................................................ 22
A.2.2.12 Public Notice and Written Comments ................................................................................................. 23
A.2.2.13 Orders - Council. ................................................................................................................................. 24
A.2.2.14 Record of Enforcement, Applications and Approval in Principle Requests ......................................... 25
A.2.2.15 Development or New Lot with Private Access -Council. ................................................................... 25
A.2.2.16 Subdivision with t he Extension or Creation of New Public Streets ..................................................... 25
A.2.2.17 Back Lot Creation ................................................................................................................................ 26
Section B: General Provisions ............................................................................................................................................ 27
B.1 Site Plan Requirements .......................................................................................................................................... 27
B.2 Service Levy and Financial Guarantees .................................................................................................................. 28
B.2.1 Service Levy ................................................................................................................................................... 28
B.2.2 Financial Guarantees by the Developer ......................................................................................................... 28
B.3 Dedication or Reinstatement of Land .................................................................................................................... 29
B.3.1 Dedication of Land for Public Use .................................................................................................................. 29
B.3.2 Reinstatement of Land ................................................................................................................................... 29
B.4 Appeals ................................................................................................................................................................... 29
B.4.1 General .......................................................................................................................................................... 29
B.4.2 Notice of Right to Appeal ............................................................................................................................... 30
B.4.3 Appeal Requirements .................................................................................................................................... 30
B.4.4 Appeal Registration ........................................................................................................................................ 31
B.4.5 Development Prohibited ................................................................................................................................ 31
B.4.6 Hearing Notice and Meetings ........................................................................................................................ 31
B.4.7 Hearing of Evidence ....................................................................................................................................... 31
B.4.8 Board Decision ............................................................................................................................................... 32
B.5 Multiple Main Buildings and Associated Main Uses .............................................................................................. 32
B.6 Accessory Uses ....................................................................................................................................................... 33
B.7 Existing Undersized Lots ......................................................................................................................................... 33
B.8 Fronting onto a Public Street, Accesses and Service Streets ................................................................................. 33
B.8.1 Fronting onto a Public Street and Access ...................................................................................................... 33
B.8.2 Prior Approval and Location .......................................................................................................................... 33
B.8.3 Service Streets ............................................................................................................................................... 34
B.9 Alterations to the Natura l Environment ................................................................................................................. 34
B.10 Site Drainage ........................................................................................................................................................ 34
B.11 Building and Structure Line Setback .................................................................................................................... 34
B.12 Existing Buildings and Structures ......................................................................................................................... 35
B.13 Uses Requiring the Disposal of Sewage ............................................................................................................... 35
B.14 Landscaping .......................................................................................................................................................... 35
B.15 Screening .............................................................................................................................................................. 36
B.16 Height Regulations ............................................................................................................................................... 36
B.17 Archaeological Assessment. ................................................................................................................................. 37
B.18 Soil Removal, Deposit and Site Grading ............................................................................................................... 37
B.19 Parking .................................................................................................................................................................. 37
B.19.1 General Requirements ................................................................................................................................. 37
B.19.2 Design Standards for Parking Lots ............................................................................................................... 38
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Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
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B.20 Off-street Loading ................................................................................................................................................ 39
B.21 Drive-thrus and Queuing ...................................................................................................................................... 39
B.22 Permitted Encroachments .................................................................................................................................... 40
B.23 Maintenance of Required Side Yards ................................................................................................................... 40
B.24 Illumination .......................................................................................................................................................... 40
B.25 Waste Disposal Containers ................................................................................................................................... 41
B.26 Unauthorized Development on Public Land ........................................................................................................ 41
B.27 Daylighting Triangle .............................................................................................................................................. 41
B.28 Development Permit Exemptions ........................................................................................................................ 41
B.29 First Nations Referrals and Consultation .............................................................................................................. 42
B.30 Water Resources Management Referrals ............................................................................................................. 42
Section C: Special Uses, Buildings and Structures ............................................................................................................. 43
C.1 Accessory Buildings ................................................................................................................................................ 43
C.2 Signage ................................................................................................................................................................... 45
C.2.1 General Development Standards ................................................................................................................... 45
C.2.2 Use Zone Development Standards ................................................................................................................ 45
C.2.2.1 Maximum Number of Signs and Areas .................................................................................................. 45
C.2.2.2 Sign Types .............................................................................................................................................. 45
C.2.3 Exemptions .................................................................................................................................................... 46
C.2.4 Prohibitions .................................................................................................................................................... 47
C.3 Home Businesses and lndustries ............................................................................................................................ 48
C.4 Outdoor Furnaces .................................................................................................................................................. 50
C.5 Private Wind Energy Systems ................................................................................................................................. 50
C.6 Vehicle Bodies ........................................................................................................................................................ 51
C.7 Private Garages and Carports ................................................................................................................................. 51
C.8 Swimming Pools ..................................................................................................................................................... 51
C.9 Commercial Vehicles in Residential Zones ............................................................................................................. 51
C.10 Side Yards for Row House Dwellings .................................................................................................................... 51
C.11 Offensive and Dangerous Uses ............................................................................................................................. 51
C.12 Temporary Real Estate Offices .............................................................................................................................. 52
C.13 Temporary Construction Uses .............................................................................................................................. 52
C.14 Uses Requiring Access to the Ocean .................................................................................................................... 52
C.15 Parking and Storage of Campers and Boats ......................................................................................................... 52
C.16 Earth Exploration .................................................................................................................................................. 53
C.17 Mineral Workings ................................................................................................................................................. 53
C.18 Livestock and Backyard Poultry Coops ................................................................................................................. 55
C.19 Farm Houses ......................................................................................................................................................... 55
Section D: Subdivision ........................................................................................................................................................ 57
D.1 Development Permit .............................................................................................................................................. 57
D.2 Comprehensive or Complex Subdivision Developments ....................................................................................... 57
D.3 Services to be Provided .......................................................................................................................................... 58
D.4 Payment of Service Levies and Other Charges ....................................................................................................... 58
D.5 Development Agreement. ...................................................................................................................................... 58
D.6 New Lots, Fronting onto a Public Street and Access .............................................................................................. 58
D. 7 Lot Creation Standards ........................................................................................................................................... 59
D.8 Land for Public Open Space ................................................................................................................................... 59
D.9 Subdivision Design Standards ................................................................................................................................ 60
D.9.1 General Standards ......................................................................................................................................... 60
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D.9.2 Cul-de-sacs .................................................................................................................................................... 61
D.10 Engineer to Design Works and Certify Construction Layout.. .............................................................................. 61
D.11 Street Works May Be Deferred ............................................................................................................................ 61
D.12 Transfer of Streets and Utilities to the Town ........................................................................................................ 62
D.13 Restriction on Sale of Lots .................................................................................................................................... 62
D.14 Subdivision Lot Area and Non-conformance ....................................................................................................... 62
D.15 Back Lot Creation Standards ................................................................................................................................ 63
D.16 Subdivision along Party Wall of Row House Dwelling .......................................................................................... 64
D.17 Unserviced Subdivision Development. ................................................................................................................ 64
Section E: Use Zones .......................................................................................................................................................... 65
E.1 Interpretation of Use Zones ................................................................................................................................... 65
E.1.1 Zoning Map .................................................................................................................................................... 65
E.1.2 Use Zones not on Map ................................................................................................................................... 65
E.1.3 Use Zone Boundaries ..................................................................................................................................... 65
E.1.4 Multiple Use Zones on One Lot.. ................................................................................................................... 65
E.1.5 Permitted, Discretionary, and Prohibited Uses .............................................................................................. 65
E.1.6 Multiple Uses on One Lot.. ............................................................................................................................ 66
E.1.7 Lot Development Standards .......................................................................................................................... 66
E.2 Use Zone Regulations ............................................................................................................................................. 67
E.2.1 Community Development (CD) Use Zone ...................................................................................................... 67
E.2.1.1 Use Zone Table (CD) .............................................................................................................................. 67
E.2.1.2 Lot Development Standards (CD) .......................................................................................................... 70
E.2.2 Rural (RU) Use Zone ....................................................................................................................................... 71
E.2.2.1 Use Zone Table (RU) .............................................................................................................................. 71
E.2.2.2 Lot Development Standards (RU) .......................................................................................................... 73
E.2.3 Residential (RES) Use Zone ............................................................................................................................ 74
E.2.3.1 Use Zone Table (RES) ............................................................................................................................. 74
E.2.3.2 Lot Development Standards (RES) ......................................................................................................... 76
E.2.4 Conservation (C) Use Zone ............................................................................................................................. 77
E.2.4.1 Use Zone Table (C) ................................................................................................................................. 77
E.2.4.2 Lot Development Standards (C) ............................................................................................................ 78
E.2.5 Mining and Quarrying (MQ) Use Zone ........................................................................................................... 79
E.2.5.1 Use Zone Table (MQ) ......................................................................................... , ................................... 79
E.2.5.2 Lot Development Standards (MQ) ........................................................................................................ 80
Appendix A: Minister's Development Regulations ............................................................................................................ 81
Appendix B: Definitions ..................................................................................................................................................... 89
App. B.1 Undefined Terms ............................................................................................................................................ 89
App. B.2 Terms in the Minister's Development Regulations ........................................................................................ 89
App. B.3 Defined Terms ................................................................................................................................................ 89
App. B.3.1 Illustrations ............................................................................................................................................ 89
App. B.3.2 ltalics ...................................................................................................................................................... 89
App. B.3.3 Definitions ............................................................................................................................................. 89
Appendix C: Use Category Table ...................................................................................................................................... 124
Appendix D: Animal Unit Equivalents .............................................................................................................................. 131
Appendix E: Fees .............................................................................................................................................................. 132
App. E.1 Application Fees ........................................................................................................................................... 132
App. E.2 Administrative Request Fees ........................................................................................................................ 132
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 4 of 132
Index of Tables
Table 1: Units of Measurement. ........................................................................................................................................ 9
Table 2: Mathematical Symbols ........................................................................................................................................ 9
Table 3: Summary of Applications Types and Required Notification ............................................................................... 24
Table 4: Minimum Landscaping Requirements .............................................................................................................. .35
Table 5: Minimum Internal Aisle Widths ......................................................................................................................... 38
Table 6: Dimensional Requirements for Standard Parking Spaces ................................................................................... 38
Table 7: Use Zone Development Standards for Accessory Buildings .............................................................................. .44
Table 8: Required Setbacks for M ineral Workings ........................................................................................................... 53
Table 9: Lot Creation Standards ..................................................................................................................................... .59
Table 10: Minimum Standards for Streets in Subdivisions with Mainly Residential Uses ................................................ 61
Table 11: Access Strip Requirements for Back Lots ......................................................................................................... 64
Table 12: Application Fees ............................................................................................................................................ 132
Table 13: Administrative Request Fees .......................................................................................................................... 132
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Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 5 of 132
Urban and Rural Planning Act, 2000
Resolution to Adopt
Town of Port au Port West- Aguathuna- Felix Cove Development Regulations (2019-29)
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town Council of Port
au Port West- Aguathuna- Felix Cove adopts the Town of Port au Port West - Aguathuna- Felix Cove
Development Regulations (2019-29).
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Adopted by the Town Council of Port au Port West- Aguathuna- Felix Cove on the ~ o
day of
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Signed and sealed this ' ,ra--day of J)ec.,.~.-.,b t-,
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Mayor: ~~ - ~~
Clerk: _!/,___,1----
Canadian Institute of Planners Certification
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I certify that the attached Development Regulations have
requirements of the Urban and Rural Planning Act, 2000.
been prepared in accordance with the
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Andrew C. Smith, MCIP
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Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 6 of 132
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Uiban and Rural Planning Act, 2000
Resolution to Approve
Town of Port au Port West- Aguathuna- Felix Cove Development Regulations (2019-29)
Under the authoriry of Section 16, Section J7 and Section 18 of the Urban and Rural Planning Act,
2000, the Town Council of Port au Port West- Aguathuna - Felix Cove:
Adopted the Town of Port au Port West - Aguathuna - Felix Cove Development Regulations
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{2019-29)on the ~
dayof o/f!," <,.-l,t. ✓
.2019;
Gave notice of the adoption of 'the Town of Port au Port West - Aguathuna - Felix Cove
Development Regulations (2019-29) by cidvertisement, inserted on th~ c.1,,..1-av and the .1o r-i..
day of Dv-1-ob e. t'
- 2019 in the Western Star; and
Set the L
"'day of IV'ii J e ....... I-<-~
at 7:00 p.m. at the Town Office. Port au Port
West - Aguathuna - Felix Cove, for the holding of a public hearing to consider objections. and
.submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act, 2000. the Town Council of
Port au Port West - Aguathuna - Felix Cove approves the Town of Port au Port West- Aguathuna - Felix
Cove Development Regulations (2019-29), a.s adopted.
SIGNED AND SEALED this ,~day of ·yt e,. ~.,..... b t-r
. 20 lq
Clerk: _
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REGISa'ERED
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Town of Port au Port West- Aguathuna - Felix Cove
Development Regulations (2019-29)
Page 7 of 132
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Urban and Rural Planning Act, 2000
Resolution to Approve
Town of Port au Port West- Aguathuna- Felix Cove Development Regulations (2019-29)
Under the authority of Section 16, Section 17 and Section 18 of the Urban and Rural Planning Act,
2000, the Town Council of Port au Port West- Aguathuna- Felix Cove:
Adopted the Town of Port au Port West - Aguathuna - Felix Cove Development Regulations
(2019-29)onthe '1D-t-dayof Jeflc.-~e. ✓
,2019;
Gave notice of the adoption of the Town of Port au Port West - Aguathuna - Felix Cove
Development Regulations (2019-29) by advertisement, inserted on th~'7,r1ay and the :Jo -ri..
day of D (.,, ..f-o be. I'"
- 2019 in the Western Star; and
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Set the __ day of J\J'i> Jc..-'-<-.,
at 7:00 p.m. at the Town Office, Port au Port
West
- Aguathuna - Felix Cove, for the holding of a public hearing to consider objections and
submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act, 2000, the Town Council of
Port au Port West- Aguathuna - Felix Cove approves the Town of Port au Port West- Aguathuna- Felix
Cove Development Regulations (2019-29), as adopted.
SIGNED AND SEALED this ' f"'dayof Pte,..~.-.1,e-r
. 20 /q
Mayor: Uta:~YMJdt-Mcudu-
c1erk: --=---/1__,1,___,__- __ _
Devclopm CIII Rcgula(ions/A lllCII cl lllClll
REGISTERED
Number
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Signature __________ _
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Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 7 of 132
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Section A: Application and Division of Powers
A.1 APPLICATION
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A.1.1 COMMENCEMENT
The 'Town of Port au Port West - Aguathuna - Felix Cove -
Development Regulations (2019-29}'
(henceforth the Regulations) come into effect throughout the Town of Port au Port West - Aguathuna -
Felix Cove (henceforth the Town} Municipal Planning Area (henceforth the MPA) on the date of
publication of a notice to that effect in the Newfoundland and Labrador Gazette (henceforth the
Gazette}.
A.1.2 RELATION TO PLAN
The Regulations are subsidiary to the 'Town of Port au Port West - Aguathuna - Felix Cove - Municipal
Plan (2019-29)' (henceforth the Plan). The Regulations contain the detailed development provisions
required to give effect to the overall direction of the Plan. The relationship between the Plan and
Regulations is illustrated in subsection 'A.l Purpose and Contents' of the Plan.
A.1.3 MINISTER'S DEVELOPMENT REGULATIONS
Sections labelled with the official provincial logo (~
) are required to be included in the
Regulations in accordance with subsection 3(1) of the Minister's Development Regulations, NLR 3/01
(henceforth the MOR}. These sections are integrated accordingly to be consistent with the Regulations.
Explanations or directions in square brackets are for user convenience only and do not form a part of
the legal version of the MOR.
Please see 'Appendix A: Minister's Development Regulations' for the current version of the MOR as of
the publication date of the Plan and Regulations in the Gazette. Where there is conflict between the
Regulations and the legal version of the MOR (see www.assembly.nl.ca/legislation), the latter shall
prevail.
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A.1.4 UNITS OF MEASUREMENT
(a) All numerical requirements in these Regulations are provided in metric units of measurement:
Metric Unit
Abbreviation
Distance
Millimetre
mm
Centimetre
cm
Metre
m
Kilometre
km
Area
Square Metre
m2
Hectare
ha
Tobie 1: Units of Measurement
(b) The mathematical symbols below represent the following:
Symbol
Meaning
-
Between or equal to
=
Equal to
s
Equal to or less than
<
Less than
~
Equal to or greater than
>
Greater than
Tobie 2: Mathematical Symbols
(c) Imperial units of measurement, where provided, are for user convenience only. Where there is
discrepancy between metric and imperial measurements, the former shall prevail.
(d) All measurements shall be rounded to one (1) decimal place when applying the provisions of
these Regulations.
(e) When rounding in accordance with (d), place value equal to or greater t han five (5) shall be
rounded up to the nearest whole number. Metric place value less than five (5) shall be rounded
down to the nearest whole number.
(f) When measuring a required distance between a lot line and a building or structure, or between
two (2) buildings or structures, the measurement is made at the least distance between the two
(2).
(g) All measurements and distances must be made along horizontal planes and not by following the
topography or slope of the land.
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 9 of 132
A.1.5 MUNICIPAL CODES 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 Regulation and/or any other municipal
regulations regulating or controlling the development, conservation and use of land in force in the
Town, shall, under these Regulations apply to the entire MPA.
A.1.6 GENERAL PROHIBITIONS
(a) No land, building or structure may be used or occupied, and no building or structure may be
placed, constructed, erected, moved, sited, altered or enlarged; and no subdivision may be
approved, except in conformity with these Regulations.
(b) No building or structure may be placed, constructed, erected, moved, sited, altered or enlarged;
and no subdivision may be approved, so as to cause any existing building or structure on the
same lot to violate the provisions of these Regulations.
(c) No development, including-but not limited to- a change in use or intensity of use, shall occur
on a lot, except in conformity with these Regulations.
A.1.7 DEFINITIONS
Italicized words in these Regulations are defined in 'Appendix: B: Definitions'. Please refer to this section
for more detailed provisions relating to definitions.
A.1.8 REFERENCES TO NATIONAL AND PROVINCIAL DOCUMENTS
Where t hese Regulations reference a national or provincial code, guideline, policy, regulation or act, the
reference shall be as amended, repealed or replaced from time to time.
A.2 DIVISION OF POWERS
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A.2.1 ADMINISTRATION AND POWERS OF THE DELEGATED EMPLOYEE
IA.2.1.1 General Administration
(a) Council may assign administrative functions to an employee of the Town, which are outlined
under subsections A.2.1.2. A.2.1.8. and A.2.1.9.
(b) In accordance with the Act, Council may designate a Delegated Employee to issue orders and
render decisions on behalf of Council (approve or reject applications, to develop land in
accordance with the Plan and Regulations, and may outline the conditions applicable to that
development). Where authority is delegated, application types that may be dealt with by the
Delegated Employee are outlined under subsections A.2.1.4. A.2.1.5. A.2.1.6. A.2.1.10. A.2.1.11.
and A.2.1.12.
(c) Where a Delegated Employee is not designated under (b), Council shall assume all powers
thereunder.
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 10 of 132
(d) An employee of the Town assigned administrative functions under (a) may also be a Delegated
Employee under (b).
IA.2.1.2 Intake and Review of Application or Request
Intake
I.
An employee of the Town shall:
Review
II.
(a) Be responsible for the intake of all applications, approval in principle requests, and
administrative requests.
(b) Upon request, supply a copy of the appropriate application form to the Applicant, and any
other available information or requirements applicable to the application. In accordance
with subsection 35(1)(f) of the Act, this general request for information shall be open and
transparent, and shall not require the completion of a form or submission of a fee, despite
(f) below.
(c) Require that the appropriate number of copies of plans, specifications, and any other
materials are submitted to ensure t hat the Town and Applicant each hold an exact record of
the complete application submission.
(d) Under (c) and where available, require that any digital formats are also submitted.
(e) Where only digital submissions are made, charge the Applicant the cost of printing where
paper copies are required for review and/or record-keeping.
(f) Assess the application or request for completeness by verifying that:
i.
The appropriate form is completed;
ii. The appropriate fee is paid in accordance with 'Appendix E: Fees';
iii. In accordance with subsection A.2.1.3. any required additional information or study is
provided; and
iv. The property owner or authorized designate signs any required documentation.
(g) Upon receipt of a complete administrative request in (f), provide the Applicant with the
requested information.
(a) Upon receipt of a complete application or approval in principle request in I. (f), an employee
of the Town shall forward said application or request to the Delegated Employee. (Note: As
per subsection A.2.1.1 (d) and depending on appointment and delegation by Council, said
employee of the Town may also be the Delegated Employee.)
(b) Upon receipt under (a), the Delegated Employee shall review the proposal for conformance
with the Plan and Regulations, and any other plan, scheme, or regulation pursuant thereto.
(c) In accordance with subsection A.2.2. the Delegated Employee will forward the application to
Council ifs/he is unable to render a decision, which includes decisions on:
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 11 of 132
i.
Discretionary use applications (subsection A.2.2.8);
ii. Variance applications (subsection A.2.2.9);
iii. Non-conforming use application (subsection A.2.2.10);
iv. Pion amendment application (subsection A.2.2.11 (a) to (h);
v.
Regulations amendment application (subsection A.2.2.11 (i) to (n);
vi. Development or subdivision development application with proposed private access
(subsection A.2.2.15); or
vii. Subdivision development application requiring the extension or creation of new public
streets (subsection A.2.2.16).
!A.2.1.3 Requirement for Additional Information or Study
(a) Additional information or study may be required to evaluate the impact of the proposed
development on the:
i.
Town's infrastructure including, but not limited to, the required upgrading of public streets
and public utilities;
ii. Compatibility with surrounding land uses;
iii. Established character of the immediate neighbourhood;
iv. Health, safety, and general well-being of residents of adjacent properties, the immediate
neighbourhood, or the Town as a whole; and
v.
Natural environment, which may include, but is not limited to, steep slopes, watercourses,
water bodies, watersheds, water supplies, wetlands, and wildlife habitats.
(b) Additional information or study may include, but is not limited to:
i.
Site pion in accordance with subsection B.1:
ii. Details on the availability of and the demand created for public services, which may be
required in the form of a Site Servicing Plan prepared by a professional engineer;
iii. Details on the land use, physical form, and character of adjacent land uses, which may be
required in the form of a Land Use Compatibility Report prepared by a professional planner;
iv. Details on lot boundaries, site topography, and existing buildings, structures, or features,
which may be required in the form of a Real Property Report prepared by a professional
surveyor;
v.
Details on existing site drainage patterns and provisions for storm-water management,
which may be required in the form of a Drainage Plan prepared by a professional engineer;
vi. Details on site contamination, which may be required in the form of an Environmental Site
Assessment report prepared by a professional engineer or a Certified Engineering
Technologist (CET);
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vii. Details on the soil and subsoil characteristics, which may be required in the form of a Geo-
Technical report prepared by a professional geologist or engineer;
viii. Details on the visual quality and the compatibility of the proposed development with the
form and scale of buildings in the community;
ix. Details on the nature and availability of on-site potable water, which may be required in the
form of a Water Supply Assessment or Hydro-geological Report prepared by a professional
geologist or engineer;
x.
Pre- and post-elevation drawing of land where the proposed development will significantly
alter existing topography;
xi. Elevation or perspective drawing of the proposed development;
xii. Traffic impact study prepared by a professional engineer; or
xiii. Plan prepared by a professional planner.
(c) Upon request, the Applicant shall be supplied with a description of the additional information or
study required.
IA.2.1.4 Issuance of Development Permit- Delegated Employee
General Prohibitions
(a) No person shall carry out any development within the MPA, except where otherwise provided in
these Regulations, unless a development permit has been issued by the Delegated Employee.
(b) No development permit shall be issued for a development within the MPA when, in the opinion
of the Delegated Employee, it is premature by reason of the site lacking adequate street access,
power, drainage, sanitary facilities, or domestic water supply or being beyond the natural
development of the area at the time of application, unless the Applicant contracts to pay the full
cost of construction of the services deemed necessary by the Delegated Employee and such cost
shall attach to and upon the property in respect of which it is imposed.
(c) No development permit shall be issued for a development within the MPA unless the
development conforms to:
i.
The Plan and Regulations, and any other plan, scheme, or regulation pursuant thereto;
ii. The standards in the Building Code and ancillary Codes; and
iii. Any other governmental by-law, regulation, or statute in legal force and effect regulating or
controlling development or the conservation and use of land and buildings in the MPA.
General Requirements
(d) A plan or drawing that has been approved by the Delegated Employee and that bears a mark
and/or signature indicating such approval together with a development 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
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carried out in accordance with these Regulations or any other regulations or statutes, and from
compliance with all conditions imposed thereunder.
(e) No person shall erase, alter or modify any drawing or specifications upon which a development
permit has been issued by the Delegated Employee.
(f) The issuance of a development permit shall not prevent the Delegated Employee from requiring
the correction of errors thereafter.
(g) There shall be kept available on the premises where any work, matter or thing is being done for
which a development permit has been issued, a copy of the development permit and any plans,
drawings, or specifications on which the issue of the development permit was based during the
whole progress of the work, or the doing of the matter or thing until completion.
Limitations of Development Permit
(h) Where a development permit is issued, such development permit may include permission of any
single development, more than one (1) development, or of any or all elements related to any
development, provided that such are specified by the development permit.
(i) No development permit shall pertain to more than one (1) uninterrupted, continuous lot under
common ownership.
(j) Despite (i), a development permit may be issued for two (2) adjacent lots wherein the first lot is
under private, freehold ownership and the second lot is owned by the Crown, but is granted to
the owner of the first lot.
(k) Any two (2) adjacent lots under (j) shall be treated as one {1) uninterupted lot for the purposes
of measuring yards, setbacks, or any other lot development requirement under these
Regulations.
(I) The Delegated Employee may attach conditions to a development permit to ensure conformance
with the Plan and Regulations (see subsection A.2.1.6).
Duration of Development Permit
(m) A development permit is valid for such period not in excess of two (2) years from the date of
issuance and expires thereafter.
(n) Despite (m), a development permit may be extended by Council in accordance with subsection
A.2.2.4.
(o) Despite (m), a development permit for a resource - earth use may exceed two (2) years to
correspond with the permitting period issued by other governmental authorities such as, but
not limited to, the Mineral Lands Division of the DNR or the Provincial Archaeology Office of the
OTC/I.
(p) In accordance with subsection A.2.1.6 and as a condition of approval, the Delegated Employee
may issue a development permit on a temporary basis for a period less than two (2) years.
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IA.2.1.5 Approval in Principle - Delegated Employee
(a) The Delegated Employee shall accept and review an approval in principle request in accordance
with subsection A.2.1.2.
(b) No approval in principle shall be given unless, after reviewing materials submitted by the
Applicant, the Delegated Employee is satisfied that the proposed development can, upon
subsequent submission of a development application, conform to:
i.
The Plan and Regulations, and any other plan, scheme, or regulation pursuant thereto;
ii. The standards in the Building Code and ancillary Codes; and
iii. Any other applicable governmental by-laws, regulations, or statutes in legal force and effect
regulating or controlling development or the conservation and use of land and buildings in
the MPA.
(c) The Delegated Employee shall give an approval in principle in writing and shall reference any
attached materials that make up the approval.
(d) No person shall erase, alter or modify any drawing or specifications upon which an approval in
principle has been given by the Delegated Employee.
(e) An approval in principle shall not prevent the Delegated Employee from thereafter requiring the
correction of errors.
(f) An approval in principle is valid for such period not in excess of two (2) years from the date of
approval and expires thereafter.
(g) An approval in principle shall not be extended by the Delegated Employee.
(h) There shall be no required fee or form for an approval in principle request, but such request
shall be made in writing.
(i) An approval in principle may pertain to one (1) or more lots.
(j) An approval in principle shall not represent a development permit to proceed with a proposed
development.
jA.2.1.6 Refusal or Conditions - Delegated Employee
(a) The Delegated Employee may refuse a development permit or approval in principle request from
the perspective t hat there is insufficient information to determine the effects of the proposed
development on matters outlined in subsection A.2.1.3 (a).
(b) In refusing or attaching conditions to a development permit or approval in principle, the
Delegated Employee shall:
i.
Give written notice to the Applicant stating the reasons; and
ii. The notice in i. shall include the Applicant's right to appeal in accordance with subsection
B.4.
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IA.2.1.7 Right to Forward Application or Approval in Principle Request to Council
Despite the powers of the Delegated Employee, s/he reserves the right to forward any application or
approval in principle request to Council for a decision.
IA.2.1.8 Statement of Zoning for Property
(a) An employee of the Town shall, upon receipt of a complete administrative request under
subsection A.2.1.2. issue a written statement of zoning for property regarding the use zone(s)
applied to the lot requested.
(b) If requested by the Applicant, an employee of the Town shall also comment on whether or not
proposed use(s) are permitted, discretionary, or prohibited within the respective use zone.
IA.2.1.9 Statement of Compliance for Use and Development
(a) An employee of the Town shall, upon receipt of a complete administrative request under
subsection A.2.1.2. issue a written Statement of Compliance for Use and Development regarding
the conformity of the existing use, and any associated development of the lot(s), with the Plan
and Regulations.
(b) The statement of compliance for use and development may also address potential non-
conforming use rights in accordance with t he Act and MOR.
IA.2.1.10 Orders - Delegated Employee
Right of Entry
(a) In accordance with section 105 of the Act, the Delegated Employee may enter upon any public
or private land and may at all reasonable times enter any development or building upon the land
for the purpose of making surveys or examinations or obtaining information relative to the
carrying out of any development, construction, alteration, repair, or any other works whatsoever
which Council is empowered to regulate.
General Regulations
(b) Where, contrary to the Plan and Regulations, or any plan, scheme, or regulation pursuant
thereto, a person has undertaken or commenced a building or other development, the
Delegated Employee, under subsection 109(3) of the Act, may order that the person pull down,
remove, stop construction, fill in, or destroy that building or development, and may order that
the person restore the site or area to its original state. [Subsection 102(1) of the Act]
(c) A person ordered to carry out an action under this regulation shall be served with that order
and shall comply with the order at the person's own expense.
(d) The Delegated Employee may, in an order made under this subsection, specify a time within
which there shall be compliance with the order.
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Confirmation and Revocation
(e) An order made under this regulation must be confirmed by Council in accordance with
subsection A.2.2.13 (d).
(f) An order made under this regulation continues in force until revoked by Council in accordance
with subsection A.2.2.13 (e).
Service
(g) Unless otherwise stated in the Act, a notice, order or other document required to be given,
delivered or served under this regulation is sufficiently given, delivered or served where
delivered personally or sent by registered mail addressed to the person at the latest known
address of that person. [Subsection 107(1) of the Act]
(h) Where a person to whom a notice, order or other document is to be given, delivered or served
is a corporation, it shall be considered sufficiently given, delivered or served where delivered
personally to a director or chief executive officer of that corporation. [Subsection 107(2) of the
Act]
(i) Where an order that can be made under this regulation cannot be given, delivered or served
under either (g) or (h), that order is considered given, delivered or served if it is posted in a
conspicuous place on the property to which the order relates. [Subsection 107(3) of the Act]
(j) An order shall include the property owner's right to appeal in accordance with subsection B.4.
JA.2.1.11 Subdivision
(a) In accordance with 'Section D: Subdivision', the Delegated Employee may approve a subdivision
development application for the creation of a new lot.
(b) In accordance with subsection A.2.2.16. the Delegated Employee shall forward a subdivision
development application that involves the extension or creation of new public streets to Council
for review.
IA.2.1.12 Development or New Lot with Private Access - Delegated Employee
Development with Private Access
(a) The Delegated Employee may approve any utility use (except for private wind energy system)
that does not front onto and have direct access to a public street.
New Lot with Private Access
(b) The Delegated Employee may approve a subdivision development application for the creation of
a new lot that does not front onto and have direct access to a public street for any utility use
(except for private wind energy system).
(c) A development or subdivision under (a) or (b) shall achieve access through other means deemed
satisfactory to the Delegated Employee, which may include, but is not limited to, proof of a
registered easement.
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(d) In accordance with subsection A.2.2.15. any other development or subdivision not outlined in
(a) or (b), which proposes not to front onto and have direct access to a public street, shall be
forwarded to Council for review and to render a decision.
A.2.2 POWERS OF COUNCIL
IA.2.2.1 Delegation of Powers
(a) Council shall, where designating employees to whom a power is to be delegated under
subsection 109(2) of the Act (approve, approve with conditions, or reject applications) make
that designation in writing.
New~-t nand (b) Council shall, where designating employees to whom a power is to be delegated under
Lliln<lor
subsection 109(3) of the Act [issuance of an order], make that designation in writing. [MOR
section 18]-This designation may be concurrent with a designation made under subsection
404(6) of the Municipalities Act, 1999.
(c) Despite a delegation under subsection A.2.1. Council may render a decision on any application
or approval in principle request.
jA.2.2.2 Review of Application or Request
Upon receipt of a complete application or approval in principle request forwarded to Council under
subsection A.2.1.2 II. (b) or A.2.1.7. Council shall:
(a) Review the proposal for conformance with the Plan and Regulations, and any other plan,
scheme, or regulation pursuant thereto; and
(b) Consider the potential impacts of the proposed development on matters outlined in subsection
A.2.1.3 (a).
jA.2.2.3 Issuance of Development Permit - Council
Council shall issue a development permit in the same manner as the Delegated Employee in accordance
with subsection A.2.1.4.
jA.2.2.4 Extension of Development Permit
(a) Upon written request by the holder of a development permit, and if the proposed development
specified under the permit has not been completed, Council may extend the permit for a period
not in excess of one (1) year.
(b) A development permit shall not be extended by Council more than twice.
jA.2.2.5 Cancellation or Suspension of Development Permit
Council reserves the right to cancel outright or suspend a development permit until further notice in the
event that:
(a) The development permit was issued in error;
(b) The development permit was issued on the basis of incorrect information; or
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(c) The holder of the development permit fails to comply with these Regulations or any condition
attached to the development permit.
A.2.2.6 Approval in Principle - Council
Council shall give an approval in principle in the same manner as the Delegated Employee in accordance
with subsection A.2.1.5.
A.2.2.7 Refusal or Conditions - Council
Discretionary Powers
(a) Despite conformance of any proposed development with the Regulations, Council may, in its
discretion, and as a result of its consideration of the matters outlined in subsection A.2.1.3 (a) in
accordance with the policies and proposals outlined in the Plan, refuse or attach conditions to a
development permit or approval in principle.
General Requirements
(b) Council shall refuse or attach conditions to a development permit or approval in principle in the
same manner as the Delegated Employee in accordance with subsection A.2.1.6.
A.2.2.8 Discretionary Use Application
Application
(a) This regulation shall apply to the uses under the discretionary use row (D) of the use zone tables
within subsection E.2. and to developments otherwise specified under these Regulations.
(b) Council shall review a discretionary use application in accordance with subsection A.2.2.2.
Notice
(c) Council shall give written notice of the application to all owners of land within SO.Om (164.0ft)
of the land that is the subject of the application, and shall consider any representations or
submissions received in response to that notification (see subsection A.2.2.12).
Rendering a Decision
(d) Approval of a discretionary use application may be in conjunction with the issuance of a
development permit.
(e) Council shall render a decision on a discretionary use application in the same manner as a
development application in accordance with subsection A.2.2.7.
A.2.2.9 Variance Application
Application
(a) This regulation shall apply to a variance application to seek relief from the yard, area, lot
coverage, setback, size, height, [lot] frontage, or any other numeric requirement of the
applicable use zone table under subsection U. [MOR subsection 4(1)(x), definition of 'variance']
(b) Council shall review a variance application in accordance with subsection A.2.2.2.
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11ew~ .. peneral [MOR section 12}
Lalndor
(c) Where an approval or permit cannot be given by the Town because a proposed development
does not comply with the development standards set out in the Regulations, Council may, in its
discretion, vary the applicable development standards to a maximum of 10% if, in Council's
opinion, compliance with the development standards would prejudice the proper development
of the land, building or structure in question or would be contrary to public interest.
(d) Council shall not allow a variance from development standards set out in the Regulations if that
variance, when considered together with other variances made or to be made with respect to
the same land, building or structure, would have a cumulative effect that is greater than a 10%
variance even though the individual variances are separately no more than 10%.
(e) Council shall not permit a variance from development standards where the proposed
development would increase the non-conformity of an existing development.
~"'Notice [MOR section 13]
Lamdor
(f) Where Council is to consider a proposed variance, Council shall give written notice of the
proposed variance from development standards to all owners of land within 30.0m (98.4ft) of
the land that is the subject of the variance [and shall consider any representations or
submissions received in response to that notification-see subsection A.2.2.121.
Rendering a Decision
(g) Variance from the Regulations shall only be authorized if Council 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 .
(h) Approval of a variance application may be in conjunction with the issuance of a development
permit.
(i) Council shall render a decision on a variance application in the same manner as a development
application in accordance with subsection A.2.2. 7.
A.2.2.10 Non-conforming Use Application
Application
(a) This regulation shall apply to a non-conforming use application to:
i.
Change a non-conforming use associated with a building, structure or development to a use
that is more compatible with the Plan and Regulations; or
ii. Internally or externally vary, extend or expand an existing development with a non-
conforming use (an extension to an existing building with a non-conforming use shall not
exceed 50% of the floor area of the building.)
(b) Council shall review a non-conforming use application in accordance with subsection A.2.2.2.
(c) Council shall, in accordance with the Act, Plan and Regulations and any other plan, scheme, or
regulation pursuant thereto, allow a development or use of land to continue in a manner that
does not conform with the Plan and Regulations provided that the non-conforming use legally
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POIIT AD '°'" wm
----------------
existed before the registration of the Plan and Regulations made with respect to that kind of
development or use.
General [Section 108 of the Act]
(d) A building, structure or development that does not conform to the Plan and Regulations that is
allowed to continue under (c}:
i.
Shall not be structurally modified except as required for the safety of the building, structure
or development;
ii. Shall not be reconstructed or repaired for use in the same non-conforming manner where
50% or more of the value of that building, structure or development has been destroyed;
and
iii. Despite ii., where said building, structure or development is within the 'Community
Development (CD}' or 'Residential (RES}' use zone and is used primarily for residential
purposes, may, in accordance with the Plan and Regulations, be repaired or rebuilt where
50% or more of the value of that building or structure is destroyed.
r,.~
Residential Non-conformity [MOR section 14]
11e1.,..,...ldland
l.Dll(Jor
(e) A residential building or structure referred to in (d) iii. must, where being repaired or rebuilt, be
repaired or rebuilt in accordance with the Plan and Regulations.
r,..~
Non-conformance with Standards [MOR section 16)
llewl\"-"1dl-nd
l..mwlor
(f) Where a building, structure or development does not meet the development standards included
in the Regulations, the building, structure or development shall not be expanded if the
expansion would increase the non-conformity; and an expansion must comply with the
development standards applicable to that building, structure or development.
r...~
Discontinuance of Non-conforming Use [MOR section 17]
Newr!"'Kl\otld
u.hratlor
(g) As per proposal B.2.2.3 (2) of the Plan, a right to resume operation of a discontinued non-
conforming use of land shall not exceed 18 months.
r,.,~ .
Notice and Hearing on Change of Use [MOR section 15)
llewl'!"'nl\olld
Lilhrador
(h) Where considering a non-conforming building, structure or development under (a) i., and before
making a decision to vary an existing use of that non-conforming building, structure or
development, Council shall give written notice of the application to all owners of land within
100.0m (328.1ft) of the land that is the subject of the application to vary the existing use of a
non-conform ing building, structure or development; and shall consider any representations or
submissions received in response to that notification (see subsection A.2.2.12}.
Rendering a Decision
(i) Approval of a non-conforming use application may be in conjunction with the issuance of a
development permit.
(j) Council shall render a decision on a non-conforming use application in the same manner as a
development application in accordance with subsection A.2.2.7.
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A.2.2.11 Amendment to Plan and/or Regulations
Plan Amendment Application
(a) An application to amend the Plan, or Plan and Regulations, henceforth referred to as Plan
amendment application, shall be in accordance with section 25 of the Act.
(b) As a part of of the public consultation requirement of section 14 of the Act, Council shall at
minimum give public notice of the application in a locally circulated newspaper and shall
consider any representations or submissions received in response to that notification (see
subsection A.2.2.12).
(c) Where the Applicant applies to re-designate land as represented on the Future Land Use
Classes Map and in addition to the newspaper notice under (b), Council shall give written notice
of the application to all owners of land within 200.0m (656.2ft) of the land that is the subject of
the application and shall consider any representations or submissions received in response to
that notification (see subsection A.2,2.12).
(d) Council shall review the Plan amendment application in accordance with subsection A.2.2.2 and
shall, in considering adoption under section 16 of the Act, take into account:
i.
Feedback from any and all forms of public consultation;
ii. Where applicable, interests of provincial or other governmental departments or agencies;
and
iii. Potential impacts of the proposed development on matters outlined in subsection A.2.1.3
(a).
(e) Council shall give public notice of the adoption and scheduled public hearing in accordance with
section 17 of the Act.
(f) In accordance with subsection 13(1) of the Act, Council shall retain a professional planner to
review and certify a proposed Plan amendment prior to considering the proposal for approval.
(g) If a public hearing is required under sections 18 to 21 of the Act, and in approving the
amendment(s) under section 23 of the Act, Council shall consider the written report and
recommendations made by the Commissioner of the public hearing in accordance with section
22 of the Act.
(h) If approved and registered, Council shall give public notice of the amendment in a locally
circulated newspaper and the Gazette in accordance with subsection 24(2) of the Act.
Regulations Amendment Application
(i) An application to amend the Regulations only, henceforth referred to as Regulations
amendment application, shall be in accordance with subsection 35(5) of the Act.
(j) In accordance with subsection 35(5) of the Act, Council shall at minimum give public notice of
the application in a locally circulated newspaper and shall consider any representations or
submissions received in response to that notification (see subsection A.2.2.12).
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(k) Where the Applicant applies to re-zone land represented on the Zoning Map and in addition to
the newspaper notice under (j), Council shall give written notice of the application to all owners
of land within 100.0m (328.1ft) of the land that is the subject of the application and shall
consider any representations or submissions received in response to that notification (see
subsection A.2.2.12).
(I) Council may, in response to feedback received from (j) or (k), hold a public meeting to consider
objections and representations made by a person or an association of persons in response to
the application.
(m) Council shall review the Regulations amendment application in accordance with subsection
A.2.2.2 and shall, in considering adoption, take into account:
i.
Feedback from any and all forms of public consultation; and
ii. Potential impacts of the proposed development on matters outlined in subsection A.2.1.3
(a).
(n) If adopted and registered, Council shall give public notice of the amendment in a locally
circulated newspaper and the Gazette in accordance with subsection 24(2) of the Act.
Amendment without Application
(o) Despite subsections A.2.2.11 (a) to (n), Council may initiate an amendment to the Plan and/or
Regulations without application or formal consent from the owner(s) of land affected by the
amendment.
(p) In proceeding with an amendment under (o) and as a part of of the public consultation
requirement of section 14 of the Act, Council shall at minimum give public notice of the Plan
and/or Regulations amendment(s) in a locally circulated newspaper and shall consider any
representations or submissions received in response to that notification (see subsection
A.2.2.12).
IA.2.2.12 Public Notice and Written Comments
(a) In notifying and providing consultation opportunity to residents in accordance with subsections
A.2.2.8 (c), A.2.2.9 (f), A.2.2.10 (h), and A.2.2.11 (b), (c), (j), (k), and (p), the Town shall:
i.
Indicate the person to whom written comments may be sent;
ii. State a place where and the hours during which the application and associated materials
may be inspected by an interested person; and
iii. Allow 10 business days from the newspaper publication, mailing, or hand delivery date for
accepting written comments relating to the application.
(b) In submitting written comments, residents should include two (2) copies with the following
information for consideration by Council:
i.
Name;
ii. Signature;
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iii. Date; and
iv. Civic address.
(c) In accordance with Section 20 of the Act, two (2) copies of written comments submitted under
(b) shall be received and considered by Council up to two (2) days before the tentative date of a
public hearing for a proposed amendment to the Pion under subsection A.2.2.11.
(d) The following summarizes application types and required notification:
Application Type
Required Notification
Notification Radius
Discretionary Use (A.2.2.8 (c))
Notices to Surrounding Land Owners
SO.Om (164.0ft)
Variance (A. 2.2.9 (f))
Notices to Surrounding Land Owners
30.0m (98.4ft)
Changing a Non-conforming Use
Notices to Surrounding Land Owners
100.0m (328.1ft)
(A.2.2.10 (h))
Re-designating Land - Plan Amendment Newspaper Notice; and Notices to Surrounding Land Owners 200.0m (656.2ft)
(A.2.2.11 (b) & (c))
Re-zoning Land - Regulations
Newspaper Notice; and Notices to Surrounding Land Owners 100.0m (328.1ft)
Amendment (A.2.2.11 (j) & (k))
Table 3: Summary of Applications Types and Required Notification
(e) In accordance with subsection 35 (l)(i) of the Act, the cost of public notice shall be borne by the
applicant.
IA.2.2.13 Orders - Council
General Regulations
(a) Council may issue an order in the same manner as the Delegated Employee in accordance with
subsections A.2.1.10 (b), (c), and (d).
(b) Council may serve an order issued under this regulation via the Delegated Employee in
accordance with subsections A.2.1.10 (g) to (j ).
(c) Where a person to whom an order is directed under this regulation does not comply with the
order or a part of it, Council may take the action that it considers necessary to carry out the
order and any costs, expenses or charges incurred by Council in carrying out the order are
recoverable against the person against whom the order was made as a debt owed to Council.
[Subsection 102(5) of the Act]
Confirmation and Revocation
(d) An order made by t he Delegated Employee under subsection A.2.1.10 shall be confirmed by a
majority vote of the members of Council present at the next meeting of Council after the order
is made, and if the order is not confirmed in this manner, it shall be considered to be cancelled.
[Subsection 109(4) of the Act]
(e) An order issued by Council under (a) or by the Delegated Employee under subsection A.2.1.10
(b) continues in force until revoked by Council. [Subsection 102(3) of the Act]
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jA.2.2.14 Record of Enforcement, Applications and Approval in Principle Requests
(a) Council shall keep a record of any violations of the Plan or Regulations including, but not limited
to, orders issued under subsections A.2.1.10 and A.2.2.13.
(b) Council shall keep a public register of all applications and approval in principle requests, and
shall enter therein Council's decision upon each application and the result of any appeal from
that decision.
IA.2.2.15 Development or New Lot with Private Access - Council
Development with Private Access
(a) Council may approve a development that does not front onto and have direct access to a public
street for the following uses:
i.
Agricultural use group (all);
ii. Commercial/institutional- (N/A) - special function tent;
iii. Commercial- (N/A) - vending facility;
iv. Institutional- education - mobile educational/instructional use;
v.
Institutional - posthumous - cemetery;
vi. Open space use group, all except interpretive centre;
vii. Resource use group (all);
viii. Sign - stand alone, all except portable and sandwich board sign;
ix. Transportation use group, all except dispatch service; and
x. Utility- (N/A) - private wind energy system.
Subdivision with Private Access
(b) Council may approve a subdivision development application for the creation of a new lot that
does not front onto and have direct access to a public street for uses under (a), except for
mobile and transient uses outlined in ii., iii., and iv.
(c) A development or subdivision under (a) or (b) shall achieve access through other means deemed
satisfactory to Council, which may include, but is not limited to, proof of a registered easement.
(d) A development application or subdivision development application under (a) or (b) with a
proposed private access shall be considered in the same manner as a discretionary use by
Council in accordance with subsection A.2.2.8. thereby requiring public notice (see subsection
A.2.2.12).
IA.2.2.16 Subdivision with the Extension or Creation of New Public Streets
(a) Council may approve a subdivision development application that involves the extension or
creation of new public streets.
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(b) This regulation applies to a subdivision development application that proposes to extend or
build new public streets, or where Council requires the extension or creation of new public
streets in order to meet the requirements of the Plan and Regulations.
(c) A subdivision development application under (a) for the extension or creation of new public
streets shall be treated in the same manner as a discretionary use by Council in accordance with
subsection A.2.2.8. thereby requiring public notice (see subsection A.2.2.12).
/A.2.2.17 Back Lot Creation
(a) In accordance with subsection D.15. Council may approve a subdivision development application
for a back lot development.
(b) An application for the creation of a back lot and associated development shall be treated in the
same manner as a discretionary use by Council in accordance with subsection A.2.2.8. thereby
requiring public notice (see subsection A.2.2.12).
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8.1 SITE PLAN REQUIREMENTS
, -
.:}~:~~
The Delegated Employee or Council may request a site plan to accompany a development application,
and may require all or some of the following to be represented on the site plan:
(a) An appropriate scale (e.g. 1:100, 1:250, 1:300, 1:400, 1:500);
(b) Metric units of measurement for all dimensions, in accordance with subsection A.1.4;
( c) North arrow;
(d) Shape and dimensions of the lot(s) to be used;
(e) Location of the land within the local or regional context;
(f) Size, shape, bulk, location, and use of existing and proposed buildings, equipment, structures,
and utilities;
(g) Distance from lot lines and sizes of buildings or structures proposed to be constructed, already
constructed, or partly constructed, on the lot(s);
(h) Proposed locations and dimensions of any parking spaces, loading spaces, driveway accesses,
and landscaping;
(i) Locations of any fences, signs, or retaining walls;
(j) Locations of any natural features including, but not limited to steep slopes, existing trees or
other vegetation, watercourses and wetlands, and the location of any existing or proposed
buildings or structures in relation to natural features;
(k) Details of lot dimensions and related street lines, including locational identifiers;
(I) Locations, dimensions, and sizes including, but not limited to the number of dwelling units,
building heights, and floor areas of all proposed main and accessory buildings;
(m) Dimensions of all yards;
(n) Landscaping, including screening and other natural and artificial features, including easements,
power lines, culverts, drainage infrastructure, ditches, and utilities;
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(o) Existing and proposed streets, private accesses, right-of-ways, or easements;
(p) Where appropriate, provision for post construction drainage ofthe site;
(q) Where appropriate, elevation and perspective drawings of any buildings or structures;
(r) Where appropriate, pre- and post-elevation drawings of land where the proposed development
will significantly alter existing topography; and
(s) Any other information the Delegated Employee or Council deems necessary to determine
whether or not the proposed development conforms to the requirements of the Plan and
Regulations.
B.2 SERVICE LEVY AND FINANCIAL GUARANTEES
... -T.:t~
8.2.1 SERVICE LEVY
(a) Council may require a developer to pay a service levy where development is made possible or
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.
(b) A service levy shall not exceed the cost, or estimated cost, including finance charges to Council
of constructing or improving the public works referred to in (a) that are necessary for the real
property to be developed in accordance with the standards required by Council and for main
uses allowed on that real property.
(c) A service levy shall be assessed on the real property based on:
i.
The amount of real property benefited by the public works related to all the real property so
benefited; and,
ii. The density of development made capable or increased by the public work.
(d) Council may require a service levy to be paid by the owner of the real property at:
i.
The time the levy is imposed;
ii. The time the development of the real property commences;
iii. The time the development of the real property is completed; or
iv. Such other time as Council may decide.
8.2.2 FINANCIAL GUARANTEES BY THE DEVELOPER
(a) Council may require a developer before commencing a development to make such financial
provisions and/or enter into such agreements as may be required to guarantee the payment of
service levies, ensure site reinstatement, and to enforce the carrying out of any other condition
attached to a development permit or licence.
(b) The financial provisions in (a) may be made in the form of:
i.
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A cash deposit from the developer, to be held by Council;
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ii. A guarantee by a bank, or other institution acceptable to the Minister, for expenditures by
the developer;
iii. A performance bond provided by an insurance company or a bank; or
iv. An annual contribution to a sinking fund held by Council.
B.3 DEDICATION OR REINSTATEMENT OF LAND
.
, .:
B.3.1 DEDICATION OF LAND FOR PUBLIC USE
Council may, for a development not involving a subdivision, require a portion of the land to be
developed to be conveyed to the Town for a public purpose where public works are required to
accommodate the proposed development.
B.3.2 REINSTATEMENT OF LAND
Council may order the developer, the site occupier, the owner, or any of them to restore the site to the
satisfaction of Council where:
(a) The use of land is discontinued;
(b) The intensity of the use is decreased;
(c) A development permit has been cancelled or suspended under subsection A.2.2.5; or
(d) A development permit has expired as a condition of issuance.
B.4 APPEALS
B.4.1 GENERAL
Decisions that may be Appealed
(a) A person or an association of persons aggrieved of a decision that, under the MOR, may be
appealed, may appeal that decision to the appropriate appeal board where the decision is with
respect to:
i.
An application or request to undertake a development including, but not limited to,
decisions under subsections A.2.1.4. A.2.1.5. A.2.2.3. A.2.2.6. A.2.2.8. A.2.2.9. or A.2.2.10;
ii. A cancellation or suspension of an approval or a development permit under subsection
A.2.2.5;
iii. The issuance of an order under subsections A.2.1.10 or A.2.2.13; and
iv. A decision permitted under the Act or another provincial Act to be appealed to the appeal
board.
[Subsection 42(1) of the Act]
(b) A decision of Council to adopt, approve or proceed with a plan, scheme, development
regulations and amendments and revisions of them is final and not subject to an appeal; this
regulation includes applications under subsection A.2.2.11. [Subsection 42(2) of the Act]
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Application for Appeal
(c} An appeal shall be filed with the appropriate appeal board not more than 14 days after the
person who made the original application appealed from has received the decision being
appealed. [Subsection 42(4) of the Act]
(d} An appeal shall be made in writing and shall include:
i.
A summary of the decision appealed from;
ii. The grounds for the appeal; and
iii. The required fee.
[Subsection 42(5) of the Act]
t1ewfo!,nand B.4.2 NOTICE OF RIGHT TO APPEAL
Lain(lor
[MOR section 5)
Where the Delegated Employee or Council makes a decision that may be appealed under section 42 of
t he Act, the Delegated Employee or Council shall, in writing, at the time of making that decision, notify
the person to whom the decision applies of the:
(a} Person's right to appeal the decision to the appeal board;
(b) Time by which an appeal is to be made;
( c} Right of other interested persons to appeal the decision; and
(d} Manner of making an appeal and the address for t he filing of the appeal.
11ewf~
,ld B.4.3 APPEAL REQUIREMENTS
Laln(lor
[MOR section 6]
(a} The secretary of the appeal board at the Department of Municipal Affairs, Main Floor,
Confederation Building (West Block), P.O. Box 8700, St. John's, NL, AlB 4J6 is the secretary to all
appeal boards in the province and an appeal filed with that secretary within the time period
referred to in subsection B.4.1 (c} shall be considered to have been filed with the appropriate
appeal board.
(b} The fee required under section 44 of the Act shall be paid to the appeal board that hears the
decision being appealed by filing it with the secretary referred to in (a) within t he 14 days
referred to in subsection 42(4) of the Act.
(c} The appeal board that hears the decision being appealed shall, subject to subsection 44(3) of
the Act, retain the fee paid to the appeal board.
(d} Where an appeal of a decision and the required fee is not received by an appeal board in
accordance with this regulation and Part VI of the Act, t he right to appeal that decision shall be
considered to have been forfeited.
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totin..od B.4.4 APPEAL REGISTRATION
Labrador
[MOR section 7]
(a) Upon receipt of an appeal and fee as required under the Act and these Regulations, the
secretary of the appeal board as referred to in subsection 8.4.3 (a), shall immediately register
the appeal.
(b) Where an appeal has been registered, the secretary of the appeal board shall notify Council of
the appeal and shall provide to Council a copy of the appeal and the documentation related to
the appeal.
(c) Where Council has been notified of an appeal, Council shall forward to the appropriate appeal
board a copy of the application being appealed, all correspondence, Council minutes, plans and
other relevant information relating to the appeal including the names and addresses of the
applicant and other interested persons of whom Council has knowledge.
(d) Upon receipt of the information in (c), the secretary of the appeal board shall publish in a
newspaper circulated in the Town a notice that the appeal has been registered.
(e) A notice published under (d) shall be published not fewer than two (2) weeks before the date
upon which the appeal is to be heard by the appeal board.
1/ewfJdland B.4.5 DEVELOPMENT PROHIBITED
Labrador
[MOR section 8]
(a) Immediately upon notice of the registration of an appeal, Council shall ensure that any
development upon the property that is the subject of the appeal ceases.
(b) Sections 102 and 104 of the Act apply to Council acting under (a).
(c) Upon receipt of a notification of the registration of an appeal with respect to an order under
section 102 of the Act, Council shall not carry out work related to the matter being appealed.
t1ewFJ,t n,.iod B.4.6 HEARING NOTICE AND MEETINGS
l«ndor
[MOR section 9]
(a) An appeal board shall notify the appellant, applicant, Council and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than seven (7) days
before the date scheduled for the hearing of the appeal.
(b) An appeal board may meet as often as is necessary to conduct its work in an expeditious
manner.
t1e,o~\n...x1 B.4.7 HEARING OF EVIDENCE
Lobr-ador
[MOR section 10]
(a) An appeal board shall meet at a place within the area under its jurisdiction and the appellant
and other persons notified under subsection 8.4.6 (a) or their representative may appear before
the appeal board and make representations with respect to the matter being appealed.
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(b) An appeal board shall hear an appeal in accordance with section 43 of the Act and these
Regulations.
(c) A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing of
a property shall be considered to have been provided in the same manner as evidence directly
provided at the hearing of the appeal board.
(d) In the conduct of an appeal hearing, the appeal board is not bound by the rules of evidence.
B.4.8 BOARD DECISION
~
(a) A decision of the appeal board must comply with the Plan and Regulations, or any further
tlewi..t='ld
scheme, plan or regulation pursuant thereto that apply to the matter that has been appealed to
that appeal board.
[MOR section 11]
(b) In determining an appeal, an appeal board may confirm, reverse or vary the decision appealed
from and may impose those conditions that the appeal board considers appropriate in the
circumstances and may direct Council to carry out its decision or make the necessary order to
have its decision implemented.
[Subsection 42(10) of the Act]
(c) Despite (b), where Council may, in its discretion, make a decision, an appeal board shall not
make another decision that overrules the discretionary decision.
[Subsection 42(11) of the Act]
(d) Where, on appeal, a development permit is confirmed or ordered to be issued, Council shall
issue the development permit as confirmed or ordered by the appeal board.
[Subsection 45(2) of the Act]
(e) Where an appeal made is successful, an amount of money equal to the fee paid by the
appellant shall be paid to the appellant by Council.
[Subsection 44(3) of the Act]
B.S MULTIPLE MAIN BUILDINGS AND ASSOCIATED MAIN USES
_ ,,_,,.!i.;;
(a) Only one (1) main building is allowed per lot in any use zone for the follow residential uses:
i.
Double unit dwelling;
ii. Micro dwelling;
iii. Mini home dwelling;
iv. Mobile home dwelling; and
v.
Single unit dwelling.
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(b) Where multiple main uses are proposed on one (1) lot, and despite where said uses are listed as
permitted uses under subsection E.2. the proposed combination of uses shall constitute a
discretionary use under subsection A.2.2.8.
(c) Main buildings shall be separated a minimum of 7.Sm (24.6ftl on a lot.
B.6 ACCESSORY USES
_· -j
(a) Where these Regulations provide for any land to be used, or building to be erected or used for a
purpose, the purpose shall include any accessory use.
(bl Accessory uses shall be clearly incidental and complementary to the use of the main building or
structure and be contained on the same lot as the main building or structure.
B.7 EXISTING UNDERSIZED LOTS
(al Nothing in these Regulations shall prevent the use of an undersized lot in existence on the
effective date of these Regulations. This provision shall not apply to newly created, undersized
lots after the initial date in which these Regulations take force and effect.
(bl Despite (a), any proposed development shall conform to all other development standards in
these Regulations.
B.8 FRONTING ONTO A PUBLIC STREET, ACCESSES AND SERVl~E s:n~((TS::tj
8.8.1 FRONTING ONTO A PUBLIC STREET AND ACCESS
No person shall erect or use a building or structure or use any lot regulated by these Regulations unless
the lot to be used, or the lot upon which the building or structure is situated or to be situated, abuts or
fronts on a public street or otherwise achieves satisfactory access to a street as approved by Council
under subsection A.2.2.15.
8.8.2 PRIOR APPROVAL AND LOCATION
(al No access to a street may be made without the permission of the Delegated Employee or
Council.
(b) Access shall be located to the specification of the Delegated Employee or Council so as to ensure
the greatest possible convenience and safety of the street system.
(cl Before granting an approval for an access, the Delegated Employee or Council shall have regard
to safety and efficiency of the street for both motor vehicles and pedestrians.
(dl No vehicular access shall be closer than 10m (32.8ft) to the street line of any street intersection.
(e) Access to a provincially-owned public street shall be subject to the requirements and approval
of DTW.
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B.8.3 SERVICE STREETS
The Delegated Employee or Council may prescribe the construction of service streets to reduce the
number of accesses to public streets.
B.9 ALTERATIONS TO THE NATURAL ENVIRONMENT
,·
.. -~--,.~-,.i_,_~
(a) Development proposals shall include plans for grading, ditching, and landscaping.
(bl Significant alterations to the natural environment as part of a development-such as, but not
limited to, changing the drainage pattern or removing vegetation-will be considered during the
evaluation of development proposals.
B.10 SITE DRAINAGE
,
(a) No person shall alter the land levels insofar as this may affect surface drainage, except where
the altered land levels provide that the resulting surface drainage shall be retained on the land
and/or discharged into an existing ditch capable of carrying such additional water.
(bl Attention shall be given to proper site surface drainage so that removal of surface water will not
adversely affect neighbouring lot(s}, streets, or other public infrastructure.
(c) Storm-water shall be removed from all roofs and paved areas and carried away in an efficient
and approved manner.
(d) In accordance with subsection A.2.L3. a lot drainage and grading plan prepared by a
professional engineer may be required depending on the scale of the development or the
potential for increased surface drainage.
B.11 BUILDING AND STRUCTURE LINE SETBACK
Prohibitions
(a) No building, structure, or part thereof shall be permitted within 6.10m (20,0ft) of a street line.
Exemptions
(b) The following structures are exempt from (a), but must conform to all other provisions in these
Regulations:
i.
Fences;
ii. Signs (see subsection C.2.4 for required setback);
iii. Special function tent; and
iv. Structures associated with utilities.
(c) A reduced building line setback is permitted in the event that:
i.
Two (2) buildings on adjacent lots (on the same side of the street) are within 30.0m (98.4ft)
of the location of the proposed building, wherein the average of the two (2) reduced
building lines of the existing buildings is taken; or
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ii. One {1) building on an adjacent lot {on the same side of the street) is within 30.0m {98.4ft)
of the location of the proposed building, wherein the average of the reduced building line of
the existing building and the required building line is taken.
Building and Structure Line Setback from Provincial Streets
{d) Despite {a) and where there are public street setbacks in force through the provincial Building
Near Highways Regulations, 1997, NLR 28/97, said setbacks shall constitute the building line and
structure line setbacks under these Regulations.
8.12 EXISTING BUILDINGS AND STRUCTURES
.:
Where a building or structure has been erected or placed on or before the date that these Regulations
are published in the Gazette and is non-conforming with any setback or yard requirement, the building
or structure may be enlarged provided that:
{a) In accordance with subsection 108{3)(f) of the Act, the enlargement does not further reduce
any setback or yard requirement that does not conform to these Regulations; and
(b) All other applicable provisions of the Plan and Regulations are satisfied.
8.13 USES REQUIRING THE DISPOSAL OF SEWAGE
Where a proposed use requires the disposal of sewage, no development permit shall be issued unless
sewage can be managed by on-site sewerage facilities such as, but not limited to, a septic tank and
disposal field and be approved by DSNL.
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8.14 LANDSCAPING
.
. ... ]
{a) A minimum percent landscaping of total lot area and a minimum landscaping strip along all lot
lines shall be required and maintained for a proposed development in accordance with the
following table, provided that such minimum landscaping strip may be interrupted by accesses:
Use Group of Proposed Development
Minimum % Landscaping Minimum Width of Landscaping Strip
ofTotal Lot Area
i. Commercial, institutional, and
10%
l .Sm (4.9ft); or 3.0m (9.8ft) when abutting an RES use
transportation (dispatch service and
zone boundary or a lot line of a lot containing an
marina only)
existing residential use
ii. Industrial and transportation
5%
3.0m (9.8ft); or 10.0m (32.8ft) when abutting an RES
(transportation hub only)
use zone boundary or a lot line of a lot containing an
existing residential use
iii. Residential (multi-unit dwelling only)
10%
1.Sm (4.9ft)
Table 4: Minimum Landscaping Requirements
(b) Landscaping shall be completed no later than two (2) years from the date of issuance of the
development permit.
{c) No buildings or required parking shall be located in any required landscaping area.
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B.15 SCREENING
General
(a) In accordance with subsections A.2.1.6 and A.2.2.7. the provision of adequate and suitable
screening may be made a condition of any development permit where, in the opinion of the
Delegated Employee or Council, the screening is desirable to preserve amenity or to protect the
environment.
(b) In establishing the screening requirement for a proposed development, the Delegated Employee
or Council shall give consideration to the following:
i.
The health, safety, and general well-being of residents of adjacent properties;
ii. The established character of the neighbourhood in which the development is proposed; and
iii. The general public interest.
Materials
(c) Plant materials characterized by dense growth that will form an effective year-round screen shall
be planted, or a fence or wall shall be constructed to form t he screen.
(d) Screening may consist of both natural and man-made materials.
(e) Where a fence is used as screening, the fence shall be constructed such that the framework and
any supports shall not be visible from the adjacent lot.
(f) To the extent practical, existing trees and vegetation shall be retained and used to satisfy the
provisions of this regulation.
Height
(g) Except within a daylighting triangle, screening shall be at least 1.Sm (4.9ft) in height.
(h) Plant materials, when planted, may be less than lm (3.3ft) in height if of a species or variety
that shall normally attain the required height and width within three (3) years of planting.
(i) No garbage shall be stored in any garbage storage area so as to exceed the height of the
surroundingfence or screening.
Maintenance
(j) All required plant materials shall be maintained in a healthy condition and whenever necessary
replaced with new plant materials to ensure continued compliance with screening
requirements.
(k) All required fences and walls shall be maintained in good repair and presentable appearance
and whenever necessary repaired or replaced.
B.16 HEIGHT REGULATIONS
The building height and structure height provisions of these Regulations shall not apply to church
spires, water tanks, elevator enclosures, silos, flagpoles, television or radio antennae, ventilators,
skylights, barns, chimneys, clock towers, windmills, or solar collectors attached to a main building or
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structure, except where specifically regulated in the Regulations or by other federal, provincial, or
municipal requirements.
8.17 ARCHAEOLOGICAL ASSESSMENT
_.·. -
Development applications involving major ground disturbance, including works along the coastline or
areas of known or suspected historic resources, shall be referred to the Provincial Archaeology Office of
OTC/I for review and consideration under the Historic Resources Act.
8.18 SOIL REMOVAL, DEPOSIT AND SITE GRADING
(a) Where not part of an approved development, land disturbance involving the removal,
deposition or grading on a property that results in extensive cut and fill, shall require
application showing the full extent of disturbance that is intended, for review and approval by
the Delegated Employee or Council.
(b) Council may require a developer to assess geotechnical aspects, visual and environmental
impacts, as well as impacts on adjoining properties; and where alterations to the landscape are
approved, financial guarantees under subsection B.2.2 may be required to ensure adequate site
rehabilitation and/or landscaping.
8.19 PARKING
8.19.1 GENERAL REQUIREMENTS
For proposed new developments requiring a development permit:
Number of Parking Spaces Required
(a) For every building, structure, or use to be erected, enlarged or established, there shall be
provided and maintained a quantity of off-street parking spaces sufficient to ensure that the
flow of traffic on adjacent streets is not impeded by the parking of motor vehicles associated
with t hat building, structure, or use.
Location of Required Parking
(b) All required parking spaces shall be provided on the same lot as the proposed development.
(c) Despite (b), off-site parking on a lot in the vicinity of the proposed development may be
permitted by the Delegated Employee or Council, provided that there is a written agreement
between both parties that provides sufficient detail regarding the off-site parking arrangement.
General Standards for All Parking
( d) There shall be adequate provision for access to a street for each parking space.
(e) Unless otherwise permitted, each parking space shall be readily accessible and maintained at all
times for the parking and manoeuvring of a motor vehicle without the necessity of moving
another motor vehicle.
(f) No part of any off-street parking area shall be closer than l.Sm (4.9ft) to the front lot line.
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8.19.2 DESIGN STANDARDS FOR PARKING LOTS
The following design standards shall only apply to parking lots with four (4) or more parking spaces:
Minimum Internal Aisle Widths
(a) The minimum internal aisle widths for a proposed parking lot shall be in accordance with the
following table, whereby the angle is measured from the intersection of the centre line of the
parking spaces and the centre line of the internal aisle:
I. Angle of Parking Spaces
II. Minimum tntemal Aisle Width
i. 70° - 90°
6.0m (19.7ft) for one (1) or two (2) directional lanes of travel
ii. ~50° but <70°
5.Sm {18.0ft) for each directional lane of travel
iii. <50°
4.0m (13.1ft) for each directional lane of travel
Table 5: Minimum Internal Aisle Widths
Dimensional Requirements for Standard Parking Spaces
(b) Required standard parking spaces shall be rectangular with minimum and maximum dimensions
as per the following table:
I. Access and Orientation
II. Length Requirement
Ill. Width Requirement
i. Accessed from internal aisle ~6.0m in
5.6m (18.4ft) - 6.0m (19.7ft)
2.9m (9.5ft) - 3.2m (10.5ft)
width
ii. Adjacent and parallel to internal aisle 6.7m (22.0ft) - 7.lm (23.3ft)
2.6m {8.5ft) - 3.2m (10.5ft)
iii. Any access or orientation not
5.6m (18.4ft) - 6.0ft (19.7ft)
2.6m (8.5ft) - 3.2m {10.5ft)
outlined under i. or ii.
Table 6: Dimensional Requirements for Standard Parking Spaces
(c) The minimum widths in (b) Ill. must be increased by 0.3m (1.0ft) for each side of the standard
parking space that is obstructed by any fixed object such as, but not limited to, a wall, column,
bollard, fence, or pipe that is:
i.
Within 0.3m (1.0ft) of the side of the standard parking space, measured at right angles, and
ii. More than l.0m (3.3ft) from the front or rear of the standard parking space.
Barrier-free Parking for Persons with Disabilities
(d) Barrier-free parking standards to accommodate persons with disabilities shall meet the
requirement of the provincial Buildings Accessibility Regulations, CNLR 1140/96.
(e) Required barrier-free parking spaces shall be rectangular with the same minimum and
maximum length requirements of standard parking spaces as per (b) II.
General Standards for Parking Lots
(f) The surface of any parking lot, including associated driveways and internal aisles, shall be
adequately drained including the prevention of discharge of sediment to adjacent lots and
treated to prevent the raising of dust.
(g) In paved parking lots, each parking space must be painted, marked, or otherwise delineated.
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(h) If the parking area is to be used in the winter, there shall be a designated location on the lot for
the safe storage of snow, which shall not impede the regular flow of on- and off-site traffic.
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B.20 OFF-STREET LOADING
_ · . ':, -~-~
(a) For every building, structure, or use to be erected, enlarged or established requiring the
shipping, loading or unloading of goods, wares or merchandise, there shall be provided and
maintained for the premises, loading facilities on land that is not part of a street comprised of
one (1) or more loading spaces.
(b) Loading spaces shall be readily accessible and usable at all times.
(c) All loading and unloading shall occur on-site and not block any street or parking facilities.
B.21 DRIVE-THRUS AND QUEUING
.
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Number of Queuing Spaces Required
(a) For every building, structure, or use to be erected, enlarged or established requiring a drive-thru
facility, there shall be provided and maintained a quantity of queueing spaces sufficient to
ensure that the flow of traffic on adjacent streets is not impeded by the queueing of motor
vehicles associated with that building, structure, or use.
(b) In accordance with subsection A.2.1.3, a queueing/traffic study may be required if the expected
number of drive-thru trips will exceed 40 motor vehicles per hour during peak periods.
Queuing Lanes
(c) Queuing lanes may require screening in accordance with subsection B.15.
(d) Queuing lanes shall be located so that queued motor vehicles do not block or obstruct general
motor vehicle circulation throughout the site, building entrances, access to loading spaces, or
required parking facilities.
(e) A queuing lane shall be separated from any lot line abutting a street by a minimum of 3.0m
(9.8ft).
(f) At least one (1) building entrance shall be located so that pedestrian access to that entrance
either:
i.
Does not cross a queuing lane; or
ii. Crosses a queuing lane only in a location behind the required queuing spaces.
(g) Any building entrance location that requires pedestrians to cross a queuing lane shall
incorporate sign(s) and a change in surface material, height, or use of paint to distinguish the
pedestrian crossing from the queuing lane surface.
Sound and Light Pollution
(h) Any outdoor speakers used for a drive-thru facility shall be separated from a lot line abutting an
RES or use zone boundary or lot line of a lot containing an existing residential use, at a minimum
distance of 20.0m (65.6ft), unless otherwise separated by a building.
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(i) Any outdoor lighting for a drive-thru facility shall be located and arranged so that no direct rays
of light are oriented at an RES use zone boundary or lot line of a lot containing an existing
residential use.
B.22 PERMITTED ENCROACHMENTS
. F~j
Despite any provisions in these Regulations, encroachments are permitted as follows:
(a) Enclosed patios, fire escapes, walkways, wheelchair ramps, lifting devices, or steps may be
located a maximum of l.Sm (4.9ft) into any required front or rear yard, and 0.9m (3.0ft) into any
minimum side yard.
(b) There may be erected or maintained in any yard the usual projections of sill, cornices, eaves,
gutters, chimneys, pilasters, canopies, or other architectural features, provided that no such
structure or feature shall project more than 0.6m (2.0ft) into any required yard.
(c) Window bays and solar collectors may be permitted to project not more than 0.9m (3.0ft) from
the main wall into a required front, rear, or side yard.
(d) Exterior staircases, steps, balconies, porches, verandas, and sundecks shall be permitted to
project a maximum of 2.0m (6.6ft) into any required front or rear yard and 0.9m (3.0ft) into any
required side yard, provided that said structures do not extend closer than l.0m (3.3ft) from the
nearest lot line.
(e) Pumps and islands for the distribution of automotive fuel shall be allowed to locate within any
required yard to the satisfaction of the Delegated Employee or Council.
(f) Sign setbacks, and any permitted encroachments, are specified under subsection C.2.4.
B.23 MAINTENANCE OF REQUIRED SIDE YARDS
Side yards shall be provided on the exposed sides of every building and kept clear of obstruction in
order to provide access for safety emergency services and the maintenance of that building.
B.24 ILLUMINATION
_
"
(a) No person shall erect any illuminated sign or illuminate an area around or outside any building
in any use zone, unless such illumination is directed away and shielded from adjoining
properties and any adjacent streets and does not interfere with the effectiveness of any traffic
control device.
(b) Any lighting proposed to illuminate an off-street parking area or an outdoor display court shall
be located and arranged so that all direct rays of light are directed upon the parking area or an
outdoor display court only and not on any adjoining lots or interfere with the effectiveness of
any traffic control device.
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B.25 WASTE DISPOSAL CONTAINERS
(a) A waste disposal container shall not displace or be placed in any required landscaping, parking,
loading, or queueing areas.
(b) A waste disposal container shall be located a minimum of 5.0m (16.4ft) from an RES use zone
boundary or lot line of a lot containing an existing residential use; or a minimum of 3.0m (9.8ft)
from any other lot line.
(c) In accordance with subsection B.15. the provision of adequate and suitable screening may be
required where, in the opinion of the Delegated Employee or Council, the screening is desirable
to preserve amenity or to protect the environment.
B.26 UNAUTHORIZED DEVELOPMENT ON PUBLIC LAND
(a) No unauthorized development shall be permitted in the right-of-way of a public street or other
land vested in the Town, provincial or federal governments.
(b) The removal of projections onto the right-of-way of a public street or other land vested in the
Town shall be in accordance with section 168 of the Municipalities Act. This includes, but is not
limited to, buildings,fences, signs, or other structures.
B.27 DAYLIGHTING TRIANGLE
__ · ··:fj
Except for a column of up to 0.2m (0.7ft) in diameter supporting an upper storey projection, a fence,
sign, hedge, shrub, bush, tree, or any other structure or vegetation shall not be erected or permitted to
grow to a height of 0.6m (2.0ft) or more in the daylighting triangle (note: definition in 'Appendix B:
Definitions' contains a diagram).
B.28 DEVELOPMENT PERMIT EXEMPTIONS
,
_ - ··.·:·;:~~f1
(a) Despite subsection A.2.1.4. the requirement of a development permit is waived for the following
developments:
i.
Sign re-facing as per subsection C.2.1 (b);
ii. Signs exempted under subsection C.2.3;
iii. Fence;
iv. Flag pole;
v.
Planter structure for flower, vegetable, or other similar garden for private use;
vi. Swimming pool designed to be temporary and portable;
vii. Internal renovation of a building with no change in use or change in intensity of use;
viii. Swing set, slide, or other similar children's play structure designed for private use associated
with a dwelling;
ix. Portable garage or other portable tent or tarp shelter; and
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x.
Deck or other exterior platform, including exterior stairs and ramps.
(b) Despite the development permit exemptions under (a) and unless otherwise specified, all other
provisions of these Regulations apply and are enforceable as per subsections A.2.1.10 and
A.2.2.13.
B.29 FIRST NATIONS REFERRALS AND CONSULTATION
-~--'"'""'d
The Town shall engage and consult First Nations groups, such as the Port au Port Ward of the Qalipu
Mi'kmaq First Nation Band, when making discretionary decisions that may impact First Nations history,
culture, or traditional land use activities. These may include discretionary decisions to amend the Plan
or Regulations, or approve development applications.
B.30 WATER RESOURCES MANAGEMENT REFERRALS
.. __ ,
In order to determine any provincial permitting requirements of the provincial Water Resources
Management Division, the Town shall refer to the Division any proposed development:
(a) Unserviced subdivision development (for example, a proposed subdivision of more than four (4)
new lots will require a Level I Groundwater Supply Assessment, and a proposed subdivision of
more than 15 new lots will require a Level II Groundwater Supply Assessment, as per the
provincial 'Groundwater Supply Assessment and Reporting Guidelines For Subdivisions Serviced
by Individual Private Wells');
(b) Within a Wellhead Protected Water Supply Area or Public Water Supply Area; or
(c) Along the coastline.
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C.1 ACCESSORY BUILDINGS
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General Standards
(a) Where the Regulations provide that any land may be used or a building may be erected, altered
or used for any purpose, that purpose shall include accessory buildings.
(b) An accessory building shall be clearly incidental and accessory to the main use of the lot.
(c) An accessory building shall be erected or placed on the same lot upon which the main use is
situated.
(d) No accessory building shall be used for human habitation.
[Note: This regulation is continued on the next page.]
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Zone Development Standards
(e) No accessory building shall be erected or placed unless in accordance with the following table:
I. RES use zone
II. CD use zone
Ill. All other use zones
i. Maximum number of accessory
2
3
No Limit
buildings per lot
ii. Maximum footprint of any accessory 75% of largest main
No Limit
No Limit
building
building
iii. Maximum combined floor area of
12% of lot area to a
12% of lot area
12% of lot area
all accessory buildings per lot, where
maximum of 90.Sm2
lot area is s4047m 2 (1.0 acre)
(974.lft2)
iv. Maximum combined floor area of all 12% of lot area to a
12% of lot area
12% of lot area
accessory buildings per lot, where lot
maximum of 110.0m2
area is >4047m2 (1.0 acre)
(1184.0ft2)
v. Maximum building height of any
Building height of highest
No Limit
No Limit
accessory building per lot
main building on lot
vi. Setback from all /at lines where
0.9m (3.0ft)
0.9m (3.0ft)
l.Sm (4.9ft)
accessory building is s13.4m2
(144.0ft2) inf/oar area and s2.Sm
(8.2ft) in height
vii. Setback from all /at lines for all
l.Sm (4.9ft) or½
1.Sm (4.9ft) or½
3.0m (9.8ft) or½
other accessory buildings
accessory building height,
accessory building height, accessory building height,
whichever is the greater
whichever is the greater
whichever is the greater
viii. Setback from any building
1.Sm (4.9ft)
l.Sm (4.9ft)
1.Sm (4.9ft)
ix. Allowed to be erected or placed in
No, except where a lot has No, except where a lot has Yes
the front yard
a shoreline or
a shoreline or
watercourse as one (1) of
watercourse as one (1) of
its boundaries
its boundaries
Table 7: Use Zone Development Standards for Accessory Buildings
(f) A proposed accessory building that does not meet the requirements of subsections (e) i., ii., iii., iv., v., or
ix.-and despite the requirements of said subsections-may be considered and approved by Council as a
discretionary use in accordance with subsection A.2.2.8. thereby requiring public notice (see subsection
A.2.2.12).
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C.2 SIGNAGE
C.2.1 GENERAL DEVELOPMENT STANDARDS
(a) Unless specifically exempted in these Regulations:
i.
A development permit is required for sign installation; and
ii. In accordance with subsection E.1.5. the sign must be listed as a permitted or discretionary
use under subsection U .
(b) A development permit is not required for a sign rejacing.
(c) In accordance with subsection A.2.1.3. the Delegated Employee or Council may require a
stamped drawing prepared by a professional engineer for a proposed sign where there is
concern about structural stability, wiring, or any other issue that may need to be assessed in
order to ensure the sign is safe and secure.
(d) Standards in these Regulations regarding signage are not intended to be retroactive and
incumbent upon existing signs.
(e) Where a sign meets multiple definitions under 'Appendix B: Definitions', all applicable
provisions of these Regulations apply.
C.2.2 USE ZONE DEVELOPMENT STANDARDS
lc.2.2.1 Maximum Number of Signs and Areas
(a) A maximum of one (1) sign per lot is permitted in the RES use zone. The sign shall be a facial
wall sign no greater than 1.1m2 (12ft2) in sign area.
(b) A maximum of three (3) signs per lot is permitted in the CD use zone. The main sign shall not
exceed 1.1m2 (12ft2) in sign area, where each sign thereafter shall not exceed 0.6m2 (6ft2).
(c) In all other use zones, any number of signs is permitted on a lot.
lc.2.2.2 Sign Types
(a) A billboard sign shall not exceed 15.0m (49.2ft) in height and 24.0m 2 (258.3ft2) in sign area.
(b) A ground sign shall not exceed 10.0m (32.8ft) in height or 12.0m2 (129.2ft2) in sign area.
(c) An electronic message board sign shall:
i.
Despite subsection C.2.2.1. not exceed one (1) per lot;
ii. Despite subsection C.2.2.1. not exceed 8.0m2 (86.1ft2) in sign area;
iii. Not scroll or flash any portion of any message(s) displayed;
iv. Have the instantaneous transition of static messages;
v. Have a message duration of not less than 20 seconds;
vi. Not be installed within 25.0m (82.0ft) of an RES use zone boundary or the main building of
an existing residential use;
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vii. Not exceed a brightness level of 3.23 lux above ambient light conditions measured at a
distance determined by the square root of the sign area multiplied by 100;
viii. Use dimming technology that automatically adjusts the brightness of the sign in direct
correlation with ambient light conditions;
ix. Be turned off in the case of malfunction;
x.
Be turned off between the hours of 11:00 p.m. and 7:00 a.m.; and
xi. Pursuant to subsections A.2.1.6 and A.2.2.7. only be approved with the condition that the
owner acknowledges and agrees that the sign is capable of meeting the required
operational provisions outlined in these Regulations.
C.2.3 EXEMPTIONS
(a) Despite subsection C.2.1 (a), and subject to all other provisions in these Regulations, canopy,
facial wall, portable, projecting, roof, and sandwich board signs that do not meet any other sign
definition under 'Appendix B: Definitions' do not require a development permit.
(b) Despite subsection C.2.1 (a), and subject to all other provisions in these Regulations, the
following signs do not require a development permit and are not included in the total number of
signs or total sign area permitted per lot as regulated under subsection C.2.2.1:
i.
A memorial or historical plaque or tablet;
ii.
A flag of any governmental, religious, charitable, or fraternal organization;
iii.
A nameplate not exceeding 0.2m 2 (2.2ft2) in sign area on a dwelling, or within the courtyard
of a dwelling;
iv.
A nameplate not exceeding 0.2m 2 (2.2ft2) in sign area relating to the practice of a
professional person carried on in the premises on a dwelling or within the courtyard of a
dwelling;
v.
A notice board not exceeding 1.0m2 (10.lft2) in sign area and relating to a place of worship,
educational use, library, cultural establishment, or cemetery located on the lot;
vi.
A notice board not exceeding 1.0m2 (10.lft2) in sign area relating to a use in the resource
extraction or agricultural use groups;
vii. A sign that does not exceed 0.4m2 (4.3ft2) in sign area;
viii. Up to two (2) real-estate signs per lot, each not exceeding 3.0m2 (32.3ft2) in sign area;
ix.
A sign that does not exceed 1.lm2 (12ft2) in sign area and that regulates or denotes the
direction or function of various parts of buildings or premises including parking facilities;
x.
A warning or caution sign that does not exceed 1.lm 2 (12ft2) in sign area which pertains to
site safety;
xi.
A sign that does not exceed 4.6m2 (49.Sft2) in sign area that is incidental to construction.
xii. A sign constructed or placed under the direction of a governmental body including signs for
identification, public information, or regulating traffic control;
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xiii. A sign formed by landscaping design;
xiv. An election sign that does not exceed 3.0m 2 (32.3ft2) in sign area, and any such sign shall be
removed within seven (7) days following the date of the election;
xv.
A maximum of two (2) signs, each not exceeding 28.0m 2 (301.4ft2) in sign area and 6.lm
(20.0ft) in height, installed for promotional purposes on the associated lot for which there is
a proposed subdivision or other development;
xvi. A temporary sign constructed or placed under the direction of an official employment
union, which shall be removed within two (2) months of sign installation; and
xvii. A temporary sign to advertise festivals, sporting, special and community events, which shall
be removed within seven (7) days after the closing of the event.
(c) Despite any provision in these Regulations, the development standards and development permit
requirements for signs under these Regulations shall not apply where a permit is required from
Service NL under the provincial Highway Sign Regulations, 1999, 85/99.1
(d) Further to (c), and despite any provision in these Regulations, an electronic message sign,
billboard sign, and off-site sign are strictly prohibited within the provincial area of jurisdiction,
where the Highway Sign Regulations, 1999, 85/99 remain in force and effect.
C.2.4 PROHIBITIONS
Despite any other provision in these Regulations, no sign shall:
(a) Except for facial wall signs and exempted signs under subsections C.2.3 (b) (ii), (ix), (x), (xii), and
(xiii), be installed closer than 1.Sm (4.9ft) from any lot line and in accordance with the street line
setback as provided for in the following Illustration:
14m2 or greater
1.5 m
3 m
4 m
5 m
6 m
7 m
7.5 m
Illustration 1: Street Line Setback for Signs
(b) Exceed 24m2 (258ft2) in sign area;
1
If an exclusion is obtained from the Minister in accordance with proposal B.2.13.3 (5) of the Pion, Council must amend
the Pion and Regulations in order to apply the Town's signage provisions to the current area of provincial jurisdiction as
outlined in the Highway Sign Regulations, 1999.
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(c) Be installed in a daylighting triangle;
(d) Be located or kept on a lot unless such sign is properly maintained including, but not limited to
the sign's face, supports, electrical system, or anchorage;
(e) Be mounted on a vehicle which is placed for the purpose of advertising;
(f) Be attached to any publicly owned structure, utility pole, hydrant, traffic control device, bridge,
fence, barrier, or any other surface on public property, excepting signs under direction of a
governmental body;
(g) Be part of a series of two (2) or more signs in sequence, each carrying a part of a single
advertising message;
(h) Project over lot lines;
(i) Obstruct pedestrian traffic along any publicly owned land such as a sidewalk or street, fire lane,
or queueing space;
(j) Create a hazard to public safety or health;
(k) Obstruct the vision of a driver leaving a roadway or driveway, or detract from the visibility or
effectiveness of any traffic sign or control device on a street;
(I) Displace required amenity areas including parking facilities and loading spaces as provided for in
these Regulations;
(m) Obstruct free ingress or egress from a fire escape, window, door, or other required exit;
(n) Except a traffic control sign installed by a governmental body, use words such as 'stop', 'look,
'danger', 'one way', 'yield', or any other similar words, phrases, symbols, lights, or characters
used in a manner that may mislead, confuse, or otherwise interfere with traffic;
(o) Incorporate a searchlight;
(p) Emit sound; or
(q) Be painted on or attached to a tree, stone, cliff or other natural object.
C.3 HOME BUSINESSES AND INDUSTRIES
General
(a) A home business or home industry shall be subordinate and incidental to a main residential use
and shall not alter the residential character of the lot.
(b) No more than one (1) home business or home industry is allowed per lot.
(c) No structural alterations shall be made to the dwelling unit conducting a home business or
home industry t hat would jeopardize future use of the building exclusively as a dwelling.
(d) Traffic generated by a home business or home industry shall be consistent with the residential
character of the neighbourhood.
(e) No goods or services other than those directly pertaining to a home business or home industry
shall be supplied or sold therein or therefrom.
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(f) A home business or home industry shall not generate off-site electrical interference, dust, noise,
or smoke.
(g) Any additional parking required for a home business or home industry must be accommodated
on the lot upon which the enterprise is being conducted.
(h) Any signs shall be erected in conformance with subsection C.2 and the use zone tables under
subsection E.2.
Home Businesses
(i) A home business may be conducted within a dwelling unit, accessory buildings, or combination
thereof.
(j) The floor area of the building(s) in which a home business is conducted shall not exceed 40% of
the floor area of the associated dwelling unit.
(k) Despite (j), a proposed home business that exceeds 40% of the floor area of t he associated
dwelling unit may be considered and approved by Council similar to a discretionary use under
subsection A.2.2.8. thereby requiring public notice (see subsection A.2.2.12).
(I) There shall be no external or outside storage of materials or containers associated with a home
business to indicate that any part of the lot is being used for any other use than residential use.
(m)A maximum of one (1) commercial vehicle, not in excess of one (1) ton capacity, is allowed to
park on the lot upon which the home business is being conducted.
(n) A home business is limited to the following uses:
i.
Bed and breakfast I tourist home;
ii. Catering service;
iii. Family child care service;
iv. Instructional use;
v.
Office;
vi. Personal service shop - apparel;
vii. Personal service shop - appearance;
viii. Pet care services;
ix. Craft workshop;
x.
Printing centre; and
xi. Retail store.
Home Industries
(o) Except for an office in association with the enterprise, a home industry shall be conducted
within accessory buildings, an attached garage, or combination thereof.
(p) A home industry is limited to the following uses:
i.
Automotive service establishment- small;
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ii. Equipment sales and rental - light;
iii. Service and repair- household;
iv. Service and repair- small engine repair; and
v.
Equipment storage (warehouse/ indoor storage and outdoor storage) and servicing related
to fishing and forestry uses.
C.4 OUTDOOR FURNACES
Buffers
(a) In addition to all other required yards and setbacks in these Regulations, an outdoor furnace
shall not be located closer than 15.0m (49.2ft) to any lot line or main building of a residential
use.
(b) An outdoor furnace shall not be located closer than 3.0m (9.8ft) to any tree or non-habitable
structure.
Construction Requirements
(c) An outdoor furnace shall be supported by a non-combustible base or foundation to adequately
support the weight of the appliance.
(d) Despite the manufacturer's installation instructions, the base or foundation shall extend a
minimum of 0.3m (1.0ft) beyond the appliance on all sides.
(e) The top of the chimney for an outdoor furnace shall have a minimum height of 5.0m (16.4ft)
and shall be equipped with a spark arrestor and a rain cap.
C.5 PRIVATE WIND ENERGY SYSTEMS
.,·-
(a) Where permitted, a private wind energy system is subject to the following:
i.
Minimum lot area of 4000m2 (1 acre);
ii. Maximum tower height of 45.0m (147.6ft);
iii. Maximum of one (1) turbine generator per lot;
iv. Setback of one and a half (1.5) times the height of the wind turbine generator, including the
topmost reach of the rotor, from all lot lines;
v.
Any climbing apparatus shall be a minimum height of 3.0m (9.8ft);
vi. The rotor clearance shall be a minimum of 4.Sm (14.8ft) from finished grade;
vii. Except for an accessory building, cottage, row house single dwelling, row house double
dwelling, or any dwelling with two (2) or less DUs, a system under 6m (19.7ft) may be
mounted on or attached to another building or structure subject to the requirements of the
Building Code;
viii. Anchor points for guy-wires shall be located on the lot upon which the system is located;
and
Town of Port au Port West- Aguathuna- Felix Cove
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ix. The setback for a guy-wire anchor is 3.0m (9.8ft) from any lot line.
(bl In addition to the requirement of a site pion, the Delegated Employee or Council may require
the following in accordance with subsection A.2.1.3:
i.
Manufacturer's information regarding the type of turbine, height, rotor diameter, rated
output, and Canadian Standards Association (CSA) certification; and
ii. Authorization documents from Transport Canada or Nav Canada where applicable.
C.6 VEHICLE BODIES
-
Except for a mobile home dwelling, no vehicle shall:
(a) Constitute a dwelling unit; or
(b) Be used for storage in the RES and CD use zones.
C.7 PRIVATE GARAGES AND CARPORTS
Where a garage or carport is attached to or incorporated in a dwelling, it becomes part of the building
for the purposes of applying minimum lot coverage, yard, and setback requirements, or any other
requirement in these Regulations that may apply to a building addition.
C.8 SWIMMING POOLS
:
A swimming pool is a permitted use in all use zones, but shall not be located:
(a) In the front yard of a lot in the RES use zone; or
(bl Under any electrical service wires.
C.9 COMMERCIAL VEHICLES IN RESIDENTIAL ZONES
In the RES use zone, only one (1) commercial motor vehicle may be parked on a lot appropriated for the
dwelling wherein the operator of the vehicle resides, provided the vehicle does not contain cargo
including hazardous or flammable materials and has a current and valid licence plate attached thereto.
.
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C.10 SIDE YARDS FOR ROW HOUSE DWELLINGS
.. ·-.:~,\cj
In any use zone where a row house single dwelling or row house double dwelling is allowed, and despite
the side yard requirement of the respective use zone, a side yard of 0.0m is permitted for the party wall
dividing dwelling units and associated ownership.
C.11 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 Council and any other authority having
jurisdiction.
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C.12 TEMPORARY REAL ESTATE OFFICES
Temporary real estate offices may be set up in new display homes within new subdivisions for a period
of not more than 24 months.
C.13 TEMPORARY CONSTRUCTION USES
_
_ _ . -. _ ----~:-...:~~
Nothing in these Regulations shall prevent the use of land or the use or erection of a temporary
building or structure, or the temporary storage of materials and equipment, which is accessory to
construction in progress provided that all other permits required by federal, provincial, or municipal
authorities are attained and that the above-noted is removed within 14 days of completion of the work.
C.14 USES REQUIRING ACCESS TO THE OCEAN
'
(a) Despite any setback or yard requirement from a Jot line that follows the edge of an adjacent cliff
of the ocean shoreline, buildings and structures associated with uses requiring access to the
ocean can be erected or placed up to said lot line.
(b) Uses requiring access to the ocean include:
i.
Fishing
ii. Marina;
iii. Public utilities;
iv. Research and development; and
v.
Transportation hub (dock and port).
(c) Any development adjacent to and requiring access to the ocean must meet all other
governmental requirements, which include attaining any required permits and conforming to
the provincial OMAE guideline 'Chapter 14 Environmental Guidelines for Construction and
Maintenance of Wharves, Breakwaters, Slipways and Boathouses' or changes thereto.
C.15 PARKING AND STORAGE OF CAMPERS AND BOATS
.
Campers
(a) No camper shall be used, leased or rented as a dwelling unit.
(b) No camper shall be used for seasonal residence, unless it is within a designated campground.
(c) The long-term parking or placement of a camper for a continual period of ten (10) days or more
is prohibited in all use zones, except in association with the following:
i.
A lot with two (2) or less OUs, wherein one (1) camper is permitted per OU;
ii. Automotive establishment, service - Jorge and small;
iii. Automotive establishment, dealership - seasonal; and
iv. Commercial, seasonal outdoor storage.
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Boats
(d) The long-term placement of a boat for a continual period of ten (10) days or more is prohibited
in all use zones, except in association with the following:
i.
A lot with two (2) or less DUs, wherein one (1) boat is permitted per DU;
ii. Automotive establishment, service - large and small;
iii. Automotive establishment, dealership - seasonal;
iv. Marina;
v.
Fishing;
vi. Shipyard; and
vii. Commercial, seasonal outdoor storage.
C.16 EARTH EXPLORATION
(a) A development permit is required for uses in the earth exploration use division which constitute
development under the Act, including, but not limited to, borehole drilling, trenching, and the
clearing of associated access trails.
(Note: Exploration activities that do not constitute development under the Act cannot be
regulated under the Town's Plan and Regulations. These activities fall outside of the scope of
mineral exploration and petroleum exploration as defined in these Regulations, and include, but
are not limited to, prospecting, ground-based geophysical surveys, and geochemical sampling
surveys.)
(b) Additional governmental permits may be required for the various uses in the earth exploration
use division including, but not limited to, mineral exploration (Mines Branch of the DNR) and
archaeological/historical research exploration (Provincial Archaeology Office of the OTC/I).
C.17 MINERAL WORKINGS
-.
(a) The Applicant of a mineral working shall submit a site plan in accordance with subsection 8.1,
which should adhere to the following setbacks.
Feature
Required Minimum Setback
i. CD or RES use zone boundary
300m (984ft)
ii. Lot line of a lot containing an existing residential use or educational use (primary 300m (984ft)
or elementary school only)
iii. Public street
30.0m (98.74ft)
iv. Watercourse or ocean
50m (164ft)
Table 8: Required Setbacks for Mineral Workings
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(b) Where the setbacks in Table 8 cannot be achieved, the mineral working may be considered and
approved by Council in the same manners as a discretionary use under subsection A.2.2.8.
thereby requiring public notice (see subsection A.2.2.12).
(c) A proposed residential use or educational use (primary and elementary school only) within
300m (984ft) of an existing mineral working or MQ use zone boundary may be considered and
approved in the same manner as a discretionary use under subsection A.2.2.8. thereby requiring
public notice (see subsection A.2.2.12).
(d) In considering discretionary approval under subsections (b) or (c), or in allowing a reduced
setback, Council shall consider the potential for adverse affects of the mineral working
development on adjacent uses and/or natural features. Where satisfied that potential adverse
effects will be mitigated, Council may approve the development.
(e) In accordance with subsections A.2.1.6 and A.2.2.7. the Delegated Employee or Council may
require the site to be screened (see subsection B.15) or fenced with controlled access for safety
and security purposes.
(f) Further to subsection (e) and in considering the imposition of screening and/or fencing as a
condition, the Delegated Employee or Council shall take into consideration existing site
conditions such as previously established mineral working activity and proposed work areas (i.e.
screening and/or fencing may be applied to a portion of the site where work is proposed as
opposed to the entire mineral working lot).
(g) A mineral working shall not serve as a storage place or dump for toxic materials, scrap iron,
domestic wastes, construction residues, or any other material likely to be harmful to the
environment.
(h) Despite subsection A.2.1.4 (m), a development permit for a mineral working shall be active for a
period no longer than:
i.
One (1) year where a quarry permit has been issued by the Mineral Lands Division of the
DNR; or
ii. Five (5) years where a quarry lease has been issued by the Mineral Lands Division.
(i) Following the expiration of a development permit for a mineral working under (h), and if not
renewed by the Delegated Employee or Council, the land shall be restored as follows:
i.
The plant, equipment, buildings, or structures installed on the site for excavation purposes
shall be removed;
ii. All stockpiles, earth, sand, gravel, or other material shall be placed back in the excavation,
spread out on the site, or removed from the site;
iii. The site must be levelled or sloped in such a manner that would allow less than 0.61m
(2.0ft) of accumulated water;
iv. All debris shall be removed from the site; and
v.
Any additional site rehabilitation requirements stipulated by the Mineral Lands Division.
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{j) For any development permit issued under subsections A.2.1.4 or A.2.2.3. and where the
extraction of quarry materials is occurring or may be expected to occur, the Delegated
Employee or Council shall send a copy of said development permit to the Mineral Lands Division.
(Note: Quarry materials include, but are not limited to, aggregate, fill, rock, stone, gravel, sand,
clay, borrow material, topsoil, overburden, subsoil, and peat.)
C.18 LIVESTOCK AND BACKYARD POULTRY COOPS
General Livestock Regulations
(a) No new development for the housing of more than five (5) livestock animal units shall be within
610m (2001ft) of an RES use zone boundary or a lot line of a lot containing an existing
residential use. This includes the erection or placement of new buildings or structures or the re-
use or re-purposing of existing buildings or structures.
(b) Any proposed residential use shall have a setback of 610m (2001ft) from an existing
development housing more than five (5) animal units, or a large scale agricultural use.
(c) The setbacks in (a) and (b) shall not apply to residential uses that are accessory uses to
agricultural uses (e.g. farm houses, see C.19).
(d) Any new building or structure for the housing of more than five (5) animal units shall have a
setback of 45.0m (147.6ft) from any lot line.
(e) Any new development for the housing of more than five (5) animal units shall be referred to
Service NL and the Agrifoods Development Branch of the Forestry and Agrifoods Agency for
review.
Backyard Poultry Coops
(f) As defined in 'Appendix B: Definitions', a backyard poultry coop means the keeping of up to four
(4) hens or ducks in a coop structure as an accessory use to a residential building(s) on the same
lot.
(g) A backyard poultry coop shall have a setback of 10.0m (32.8ft) from any lot line.
(h) Male chickens (roosters) are prohibited.
(i) The on-site slaughter of animals is prohibited.
C.19 FARM HOUSES
.. :·::
(a) A maximum of one (1) accessory use, dwelling may be developed on the same lot containing any
of the following main agricultural uses:
i.
Abattoir;
ii. Commercial;
iii. Feed mill; or
iv. Research farm.
(b) The accessory use, dwelling under (a) shall be one (1) of the following residential uses:
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ii.
Mini home;
iii. Mobile home; or
iv. Single unit.
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D.1 DEVELOPMENT PERMIT
. :, '\,~
Development Permit Required
(a) No land in the MPA shall be subdivided unless a development permit is first obtained from the
Delegated Employee or Council.
Form of Application and Issue of Development Permit Subject to Considerations
(b) The Delegated Employee or Council shall review a development permit application to subdivide
land in accordance with subsections A.2.1.2 and A.2.2.2 and shall, in considering approval of the
subdivision, take into account potential impacts of the proposed development on matters
outlined in subsection A.2.1.3 (a).
(c) The Delegated Employee or Council may require any or all of the site plan requirements outlined
under subsection !i1 to be included on a tentative plan of subdivision.
Forwarding Subdivision Development Applications to Council
(d) In accordance with subsection A.2.2.15. the Delegated Employee shall forward a subdivision
development application for the creation of a new lot that does not directly access or front onto
a public street.
(e) In accordance with subsection A.2.2.16. the Delegated Employee shall forward a subdivision
development application requiring the extension or creation of new public streets to Council for
a decision.
(fl In accordance with subsection A.2.1.7. the Delegated Employee may forward any subdivision
development application to Council for a decision.
D.2 COMPREHENSIVE OR COMPLEX SUBDIVISION DEVELOPMENTS
Proposals for the subdivision of land for comprehensive or complex developments including, but not
limited to, commercial, industrial, institutional, residential, or transportation uses shall be required to
provide information on:
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(a) The physical features of the site including development opportunities and constraints;
(b) The layout of proposed lots, blocks, and other parcels;
(c) The layout of existing and future streets and any proposed connections to and therefrom;
(d) The proposed overall time frame and phases of the subdivision development;
(e) Existing accesses or right-of-ways;
(f) Existing public utility infrastructure and easements;
(g) Provisions for utilities required for the subdivision development;
(h) Proposed servicing including water, sanitary, and storm-water management;
(i) The compatibility between the subdivision and surrounding land uses, both existing and future;
and
(j) Opportunities for active transportation connections to public spaces, parks, and trails to and
from the proposed subdivision development.
D.3 SERVICES TO BE PROVIDED
..
No development permit shall be issued for the development of a subdivision unless prov1s1ons
satisfactory to the Delegated Employee or Council have been made in the application for a supply of
drinking water, a properly designed sewage disposal system, and a properly designed storm drainage
system.
D.4 PAYMENT OF SERVICE LEVIES AND OTHER CHARGES
.
. ·=-~~
No development permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Town for connection to services, public utilities, and
streets deemed necessary for the proper development of the subdivision; and all service levies and
other charges imposed under subsection 8.2.
D.S DEVELOPMENT AGREEMENT
.· --~:
a) As a condition of approval for new developments and in accordance with subsections A.2.1.6
and A.2.2.7. the Delegated Employee or Council may require a developer to enter into an
agreement with the Town.
b) Such agreements shall be negotiated between the developer and the Delegated Employee or
Council for financing and development of services provided to the site.
c) The agreement shall include specifications for water and sewer infrastructure, storm-water
drainage, streets, sidewalks, open space uses, as well as school bus stops, and neighbourhood
mailboxes, where required.
D.6 NEW LOTS, FRONTING ONTO A PUBLIC STREET AND ACCESS
_ M.,-;J
(a) Any lot created within the MPA must front onto and have direct access to a public street.
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(b) Despite (a), Council may approve a subdivision development application for the creation of a
new lot that does not front onto and have direct access to a public street in accordance with
subsections A.2.2.15.
D. 7 LOT CREATION STANDARDS
· ___ .,_~:~~
The creation of a new lot shall be in accordance with the following table:
New Lot for Use
(a) Minimum Lot Area
(bl Minimum [Lot}
(c) Minimum Lot
f d) Minimum Lot
Requiring Services
Frontage
Streetage
Depth
I. Municipal water and
i.
1400m2 (0.35
i.
8.0m (26.2ft)-
i.
8.0m (26.2ft)-
i.
30m (98.4ft)
on-site septic
acres)
back lot (see
back Jot (see
A.2.2.17 and D.15)
A.2.2.17 and D.15)
ii.
12.0m (39.4ft)-
ii.
14.0m (45.9ft)-
on turnaround of
on turnaround of
cul-de-sac
cul-de-sac
iii.
23.0m (75.Sft)-
iii. 15.0m (49.2ft)-
All other
All other
II. Well water and on-
i.
1860m2 (0.46
i.
8.0m (26.2ft)-
i.
8.0m (26.2ft)-
i.
35m (114.8ft)
site septic
acres)
back lot (see
back lot (see
A.2.2.17 and D.15)
A.2.2.17 and D.15)
ii.
13.0m (42.7ft)-
ii.
15.0m (49.2ft)-
on turnaround of
on turnaround of
cul-de-sac
cul-de-sac
iii. 30.0m (98.4ft)-
iii. 18.0m (59.lft)-
All other
All other
Ill. No municipal or on-
No minimum (see D.9.1 (a))
site services required
for use
Table 9: Lot Creation Standards
0.8 LAND FOR PUBLIC OPEN SPACE
_ '
(a) Before a development commences, the developer shall, if required, dedicate to the Town (at no
cost to the Town) an area of land equivalent to not more than 10% of the gross area of the
subdivision for public open space, provided that:
i.
Where land is subdivided for any purpose other than residential use, the Delegated
Employee or Council shall determine the percentage of land to be dedicated;
ii. If, in the opinion of the Delegated Employee or Council, no public open space is required, the
land may be used for such other public use as the authority may determine;
iii. The location and suitability of any land dedicated under the provisions of this regulation
shall be subject to the approval of the Delegated Employee or Council, but in any case, the
authority shall not accept land which, in its opinion, is incapable of development for any
purpose;
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iv. The Delegated Employee or Council may accept from the developer, in lieu of such area or
areas of land, the payment of a sum of money equal to the value of the land which would
otherwise be required to be dedicated; and
v.
Money received by the authority under iv. shall be reserved by the Town for the purpose of
the acquisition or development of land for public open space or other public purpose.
(b) Land dedicated for public open space use in accordance with this regulation shall be conveyed
to the Town and may be sold or leased by the Town for the purposes of any development that
conforms with the requirements of these Regulations; and the proceeds of any sale or other
disposition of land shall be applied against the cost of acquisition or development of any other
land for the purposes of public open space use or other public purposes.
(c) The Delegated Employee or Council may require a strip of land to be reserved and remain
undeveloped adjacent to a waterway or along an ocean shoreline; and this land may constitute
the requirement of land for public open space use under (a).
D.9 SUBDIVISION DESIGN STANDARDS
...
,~~
D.9.1 GENERAL STANDARDS
No development permit shall be issued for the development of a subdivision, unless the design of the
subdivision conforms to the following standards:
(a) Land shall not be subdivided in such a manner as to prejudice the development of adjoining
land.
(b) Council may require any existing natural, historical, or architectural feature or part thereof to be
retained when a subdivision is developed.
(c) The finished grade of streets shall not exceed 10%.
(d) New subdivisions shall have street connections with an existing public street or streets.
(e) All street intersections shall be constructed within five (5) degrees of a right angle, and this
alignment shall be maintained for 30.0m (98.4ft) from the intersection.
(f) No street intersection shall be closer than 60.0m (196.9ft) to any other street intersection.
(g) No more than four (4) streets shall join at any street intersection.
(h) No residential street block shall be longer than 490m (1608ft) in between street intersections.
{Note: This regulation is continued on the next page.]
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(i) Streets in subdivisions with mainly residential uses shall be designed in accordance with the
approved standards of Council; but in the absence of such standards, shall conform to the
following minimum standards:
Type of Street
Street Reservation
Pavement Surface
Sidewalk Width
Number of Sidewalks
Width
Collector
20.0m (65.6ft)
15.0m (49.2ft)
l.Sm (4.9ft)
Discretion of Council
Local
12.2m (40.0ft)
9.0m (29.5ft)
Discretion of Council
Table 10: Minimum Standards for Streets in Subdivisions with Mainly Residential Uses
D.9.2 CUL-DE-SACS
(a) In accordance with policy B.2.4.2 (8) of the Plan, cul-de-sacs are discouraged by Council.
(b) Where permitted by Council, the following design standards apply to cul-de-sacs:
i.
The maximum length of a cul-de-sac shall be 200m (656ft).
ii. The end of a cul-de-sac shall be provided with a turning circle with a minimum diameter of
30.0m (98.4ft).
iii. Where the head of a cul-de-sac is within 125m (410ft) of an existing public street, an
emergency vehicle access with a minimum clear width of 6.0m (19.7ft) shall connect the
head of the cul-de-sac with the nearest adjacent public street.
iv. No cul-de-sac shall be located so as to appear to terminate an arterial or collector street.
D.10 ENGINEER TO DESIGN WORKS AND CERTIFY CONSTRUCTION LAYOUT
(a) Plans and specification for all water mains, hydrants, sanitary sewers, storm sewers and all
appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other
utilities deemed necessary by Council to service the area proposed to be developed or
subdivided shall be designed and prepared by or approved by the professional engineer. Such
designs and specifications shall, upon approval by Council, be incorporated in the plan of
subdivision.
(b) Upon approval by Council of the proposed subdivision, the professional engineer shall certify all
work of construction layout preliminary to the construction of the works and thereupon the
developer shall proceed to the construction and installation, at his or her own cost and in
accordance with the approved designs and specifications and the construction layout certified
by the professional engineer, of all such water mains, hydrants, sanitary sewers and all
appurtenances and of all such streets and other works deemed necessary by Council to service
the said area.
D.11 STREET WORKS MAY BE DEFERRED
,_,
(a) The construction and installation of all curbs and gutters, catch basins, sidewalks and paving
specified by Council may be deferred until a later stage of the work on the development.
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(b) Prior to approval, the developer shall deposit with Council an amount estimated by the
professional engineer as sufficient to cover construction and installation costs.
(c) In the later stage of the work of development, Council shall call for tenders for construction and
installation of the works, and the amount so deposited by the developer under (b) shall be
applied towards payment of the contract cost.
(d) If the contract cost under (c) exceeds the deposit under (b), the developer shall pay to Council
the amount of the excess.
(e) If the contract cost under (c) is less than the deposit under (b), Council shall refund the amount
by which the deposit exceeds the contract price.
(f) Any amount so deposited with Council by the developer shall be placed in a separate savings
account in a bank and all interest earned shall be credited to the developer.
D.12 TRANSFER OF STREETS AND UTILITIES TO THE TOWN
(a) Where required by the terms of a development agreement, the developer shall, following the
approval of the subdivision of land and upon request of Council, transfer to the Town, at no cost
to the Town, and clear of all liens and encumbrances:
i.
All lands in the area proposed to be developed or subdivided which are approved and
designated by Council for public uses as streets, or rights-of-way, or for other public use; and
ii. All services or public works including streets, water supply and distribution, sanitary and
storm drainage systems installed in the subdivision that are normally owned and operated
by Council.
(b) Before Council shall accept the transfer of lands, services, or public works of any subdivision, the
professional engineer shall, at the cost to the developer, test the streets, services, and public
works installed in the subdivision and certify his or her satisfaction with their installation.
(c) Council shall not provide maintenance for any street, service, or public work in any subdivision
until such time as such street, service, or public work has been transferred to and accepted by
Council.
D.13 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 development permit shall be issued until Council is satisfied that:
(a) The lot can be served with satisfactory water supply and sewage disposal systems; and
(b) Satisfactory access to a public street is provided for the lots.
D.14 SUBDIVISION LOT AREA AND NON-CONFORMANCE
(a) No lot shall be reduced in lot area, either by t he conveyance or alienation of any portion thereof
or otherwise, so that any building or structure on such lot shall have a lot coverage that exceeds,
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AINIIITWHJ \
or a front yard, rear yard, side yard, [lot] frontage, lot streetage, or lot area that is less than that
permitted by these Regulations for the use zone in which such lot is located.
(bl 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 lot
area thereof available for building purposes.
(cl The Delegated Employee or Council may issue a development permit for the increase in lot area
of any undersized lot, despite that it may still have less than the minimum [lot] frontage, lot
streetage, depth, or area required by these Regulations, provided that this increase does not
further reduce an adjacent lot which may be below the standard set out in these Regulations.
D.15 BACK LOT CREATION STANDARDS
-, ;
(al An application for the creation of a back lot and associated development shall be treated in the
same manner as a discretionary use by Council in accordance with subsections A.2.2.8 and
A.2.2.17. thereby requiring public notice (see subsection A.2.2.12l.
(bl No back lot shall be created for development purposes unless the following provisions are met:
i.
Despite the minimum lot area requirements under subsection D.7' the minimum lot area
requirements shall apply to the developable area of the lot, in addition to any lot area
required for the access strip;
ii. The back lot shall have a minimum [lot] frontage and lot streetage of 8.0m (26.2ftl;
iii. The back lot shall not be created adjacent to an existing back lot; and
iv. The back lot shall have permanent and direct access to a public street.
(c) In issuing a development permit for the creation of a back lot for a proposed development, the
following provisions shall apply:
i.
No buildings or structures shall be erected or placed on the access strip;
ii. A minimum of 6.0m (19.7ft) clear driveway width must be maintained along the access strip;
iii. The driveway must be designed to support the expected loads imposed by firefighting
equipment and be surfaced with concrete, asphalt, or other material designed to permit
accessibility under all climatic conditions;
iv. A minimum of 5.0m (16.4ft) overhead clearance must be maintained along the access strip,
which includes, but is not limited to, the regular maintenance and cutting back of
vegetation; and
v. The regular parking of vehicles shall occur on the developable portion of the back lot as not
to impede the access strip.
(d) Council may, in accordance with subsection A.2.2.7. add the following as conditions to a
development permit for the creation of a back lot:
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i.
Screening (see subsection 8.15) along one (1) or two (2) sides of the access strip to ensure
privacy between adjacent lots;
ii. Additional provisions for site drainage due to an increase in impermeable surface; and/or
iii. Any other conditions required to minimize the impact of the proposed development on
matters outlined in subsection A.2.1.3 (a).
(e) The access strip shall be established in accordance with the following table:
Access Strip
Requirement
i. Minimum length
25.0m {82.0ft)
ii. Maximum length
90.0m {295ft)
iii. Minimum width throughout entire length
8.0m {26.2ft)
iv. Minimum width where screening is required on one (1) side (see {d))
9.0m (29.5ft)
v. Minimum width where screening is required on two (2) sides {see {d))
10.0m {32.8ft)
vi. Maximum slope
12% grade
Table 11: Access Strip Requirements for Back Lots
D.16 SUBDIVISION ALONG PARTY WALL OF ROW HOUSE DW~L_LIJ~~G
,::_.
,-!~
The Delegated Employee or Council may approve the subdivision of property along the party wall(s) of a
row house single dwelling or row house double dwelling in accordance with the following:
(a) Each lot shall have individual services including, but not limited to, public utilities, municipal
water, on-site well and septic;
(b) Each lot shall have individual accesses to a public street; and
(c) Except for the minimum side yard requirement, as exempted under subsection C.10. all other
lot creation and lot development standards are met under subsections D.7 and E.1.7.
respectively.
D.17 UNSERVICED SUBDIVISION DEVELOPMENT
. ~:-~~
-
-
-
____ G,.
The Delegated Employee or Council shall forward any proposal for an unserviced subdivision
development on a new street to the provincial Water Resources Management Division for review.
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E.l INTERPRETATION OF USE ZONES
. . .<.~:::~:1]
E.1.1 ZONING MAP
The Zoning Map ('Schedule A: Land Use Zones Map') divides the Town into use zones for which the
regulatory provisions of this section apply.
E.1.2 USE ZONES NOT ON MAP
(a) The Zoning Map may be amended to utilize any use zone in these Regulations, regardless of
whether or not such use zone has previously appeared on the Zoning Map.
(b) An amendment under (a) must be carried out in accordance subsection A.2.2.11.
E.1.3 USE ZONE BOUNDARIES
Where on the Zoning Map the boundary of a use zone is uncertain, the boundary shall follow the
Municipal Planning Area, street line, easement, right-of-way, trail, walkway, nearest cliff edge adjacent
to a watercourse or ocean shoreline, or outermost reach of a watercourse where no discernible cliff
edge is present.
E.1.4 MULTIPLE USE ZONES ON ONE LOT
Where a lot falls within two (2) or more use zones, the provisions of each use zone shall apply to each
applicable portion of the lot as if each zoned portion is a separate lot.
E.1.5 PERMITTED, DISCRETIONARY, AND PROHIBITED USES
(a) Subject to these Regulations, uses that fall within the permitted use row (P) of the respective
use zone table of subsection U shall be permitted in the respective use zone;
(b) Subject to these Regulations (see subsection A.2.2.8) and at the discretion of Council, uses that
fall within the discretionary use row (D) of the respective use zone table of subsection U may
be permitted in the respective use zone; and
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 65 of 132
(c) Uses that fall within the prohibited use row (X) of the respective use zone table of subsection U
shall be explicitly prohibited in the respective use zone.
E.1.6 MULTIPLE USES ON ONE LOT
Where a lot contains more than one (1) main use, each use shall conform to the applicable provisions of
the Plan and Regulation.
E.1.7 LOT DEVELOPMENT STANDARDS
No main building or structure may be placed, erected, or altered to become one (1) of the main uses on
a lot, except in accordance with the criteria set out in the table under the 'Lot Development Standards'
heading for each respective use zone.
~
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Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 66 of 132
..... --
~;- :i-:~--,; fM", .i'
'
E.2 USE ZONE REGULATIONS
_ ... ~~::/-:, :~;; :· , . .,
E.2.1 COMMUNITY DEVELOPMENT (CD) USE ZONE
E.2.1.1 Use Zone Table (CD)
(a) Agricultural
(P)
(D)
(X)
(b) Commercial
(P)
(D)
(X)
(c) Industrial
(P)
(D)
I. Use Group
II. Use Division
(N/A)
(N/A)
i.
Any agricultural use not
(N/A)
outlined in (P) or (X) is a
discretionary use.
(N/A)
(N/A)
i.
A permitted commercial
i.
Indoor accommodation
use under II. or Ill. shall
be within a building with
footprint of $500m2,
otherwise said
commercial use shall be
considered in the same
manner as a discretionary
use as if listed under (D),
thereby requiring public
notice (see subsection
A.2.2.12).
ii.
Regulation i. does not
apply to non-building
uses or the re-use of an
existing building.
i.
Any commercial use not
(N/A)
outlined in (P) or (X) is a
discretionary use.
(N/A)
i.
Adult establishment
(N/A)
(N/A)
(N/A)
(N/A)
-
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 67 of 132
Ill. Use
i.
Community garden
ii.
Hobby garden
(N/A)
(N/A)
i.
Bar/pub/night club
ii.
Catering service
iii. Commercial lot - parking
iv.
Communication use
V.
Craft workshop
vi.
Dry cleaning/ laundry store
vii. Entertainment use - indoor
viii. Farmers' market
ix. Home business (see C.3)
X.
Office
xi.
Personal service shop -
apparel
xii. Personal service shop -
appearance
xiii. Printing centre
xiv. Restaurant (without drive-
thru)
xv. Reta ii store
xvi. Service and repair -
household
xvii. Service centre
xviii.Special function tent
xix. Warehouse/ indoor storage
(N/A)
(N/A)
(N/A)
i.
Contractor's shop
ii.
Contractor's yard
iii. Distribution use
iv.
Dry cleaning plant
(d} Institutional
(e) Open Space
\
SCP
,-
(X}
(P)
(D}
(X)
(P)
(D)
(X)
i.
Any industrial use not
(N/A)
outlined in (P) or (X) is a
prohibited use.
i.
A permitted institutional
(N/A)
use under II. or Ill. shall
be within a building with
footprint s500m2,
otherwise said
institutional use shall be
considered in the same
manner as a discretionary
use as if listed under (D),
thereby requiring public
notice (see subsection
A.2.2.12).
ii.
Regulation i. does not
apply to non-building
uses or the re-use of an
existing building.
i.
Any institutional use not
(N/A)
outlined in (P) or (X) is a
discretionary use.
(N/A)
(N/A)
i.
All open spaces uses are
(N/A)
permitted uses.
(N/A)
(N/A)
(N/A)
(N/A)
Town of Port au Port West-Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 68 of 132
V.
Food and beverage
processing facility
vi.
Manufacturing - light
vii. Micro-brewery
viii. M ini storage warehouse
ix.
Publishing facility
X.
Recycling depot
xi.
Service and repair - small
engine repair
(N/A)
i.
Assembly hall
ii.
Child care service - centre
based
iii.
Child care service - family
iv.
Community centre
V.
Communication use
vi.
Cultural establishment
vii. Educational use
viii. Governmental use
ix.
Hospital
X.
Instructional use
xi.
Laboratory
xii. Library
xiii. Medical clinic
xiv. Mobile education/
instructional use
xv.
Personal care home -
i nstitutiona I
xvi. Pet care services
xvii. Philanthropic use
xviii. Place of worship
xix. Research and development
xx. Safety emergency services
xxi. Service centre
xxii. Social organization
xxiii.Special function tent
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
(f) Residential
(g) Resource
(h) Sign (see Ll)
(i) Transportation
(Pl
(D)
(X)
(P)
-
(D)
(X)
(P)
(D)
(X)
(Pl
(D)
(X)
(N/A)
(N/A)
i.
Any residential use not
(N/A)
outlined in (P) or (X) is a
discretionary use.
(N/A)
(N/A)
(N/A)
i.
Earth Exploration
(N/A)
(N/A)
i.
Any resource use not
(N/A)
outlined in (P) or (D) is a
prohibited use.
i.
Any sign use not outlined (N/A)
in (D) or (X) is a permitted
use.
(N/A)
(N/A)
-- --
(N/A)
(N/A)
(N/A)
(N/A)
i.
Any transportation use
(N/ A)
not outlined in (Pl or (X)
is a discretionary use.
(N/A)
(N/A)
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 69 of 132
--- - - --------
i.
Single unit dwelling
ii.
Double unit dwelling
iii. Micro dwelling
iv.
Mini home dwelling
V.
Mobile home dwelling
vi.
Multi-unit dwelling (3 - 4
DUs)
vii. Personal care home -
residential
viii. Row house double dwelling
(54DUs for entire building;
2DUs per lot)
ix.
Row house single dwelling
(54DUs for entire building;
lDU per lot)
(N/A)
i.
Cottage - private cluster
i.
Fishing
ii.
Hunting/trapping
i.
Forestry
ii.
Mineral Working
(N/A)
(N/A)
i.
Billboard sign (see £2l.,l)
ii.
Electronic message board
sign (see~)
(N/A)
i.
Transportation hub (small
craft dock or slipway only)
(N/A)
(N/A)
,_TAII NITWUl
Ul Utility
(P)
(N/A)
(N/A)
i.
Access
ii.
Public utilities
iii.
Street
- --
--
(D)
(N/A)
(N/A)
i.
Private wind energy system
(see U
)
(X)
(N/A)
(N/A)
(N/A)
E.2.1.2 Lot Development Standards (CD)
The development of a lot in the CD use zone shall be in accordance with the following table:
(i) Minimum Main Building/Structure
i. Side yard
3.0m (9.8ft)
ii. Rear yard
6.0m (19.7ft)
I-
--
iii. Setback from street line
See B.11
iv. Setback from any other Jot line not outlined above
3.0m (9.8ft)
(ii) Maximum Main Bui/ding/Structure
i. Height
12.Sm (41.0ft); anything higher shall be considered similar to
a discretionary use under subsection~ thereby
requiring public notice (see subsection A.2 2 12)
ii. Lot coverage (also includes accessory buildings)
30%
~
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Town of Port au Port West- Aguathuna - Felix Cove
Development Regulations {2019-29)
Page 70 of 132
,l '%.
I 'Jt
NMT Al POil WUT
E.2.2 RURAL (RU) USE ZONE
IE.2.2.1 Use Zone Table (RU)
(al Agricultural
(Pl
(D)
(Xl
b) Commercial
(P)
(D)
(X)
(c) industrial
(Pl
(D)
(X)
(dJ Institutional
(P)
(D)
(X)
I. Use Group
II. Use Division
(N/A)
i.
Large scale (see C.18 and
C.19)
ii.
Small Scale
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
i.
Any commercial use not
(N/A)
outlined in (P) or (D) is a
prohibited use
(N/A)
(N/A)
i.
All industrial uses are
(N/A)
discretionary uses.
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
i.
Posthumous
i.
Any institutiona I use not
(N/A)
outlined in (P) and (D) is a
prohibited use.
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 71 of 132
Ill. Use
(N/A)
(N/A)
(N/A)
i.
Special function tent
ii.
Vending facility
i.
Campground
ii.
Cottage - resort cluster
iii.
Entertainment use -
outdoor
iv.
Equestrian facility
V.
Golf course
vi.
Public exhibition grounds
vii. Race track
viii. Recycling depot
ix.
Warehouse/indoor storag
(N/A)
(N/A)
(N/A)
(N/A)
i.
Mobile education /
instructional use
ii.
Safety emergency services
iii. Special function tent
i.
Animal shelter
ii.
Equestrian facility
iii. Government use
iv.
Kennel
V.
Public exhibition grounds
vi.
Research and development
vii. Research farm
viii. Zoo
(N/A)
(el Open Space
(f) Residential
(g) Resource
(hj Sign (see Q)
(i) Transportation
Ol Utility
~
SCP
(Pl
(D)
(X)
(P)
(D)
(X)
(P)
(Dl
(Xl
(P)
(Dl
(X)
(P)
(D)
(X)
(Pl
(D)
(Xl
i.
All open spaces uses are
(N/A)
permitted uses.
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
i.
All residential uses are
(N/A)
prohibited uses.
i.
All resource uses are
(N/A)
permitted uses.
(N/A)
(N/A)
(N/A)
(N/A)
i.
Any sign use not outlined (N/A)
in (D) and (X) is a
permitted use.
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
i.
Any transportation use
(N/A)
not outlined in (P) or (X)
is a discretionary use.
(N/A)
(N/A)
i.
All utility uses are
(N/A)
permitted uses.
(N/A)
(N/A)
(N/A)
(N/A)
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 72 of 132
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
i.
Billboard sign (see Ull)
ii.
Electronic message board
sign(see~)
(N/A)
i.
Transportation hub (small
craft dock or slipway only)
(N/A)
i.
Dispatch service
(N/A)
(N/A)
(N/A)
E.2.2.2 Lot Development Standards (RU)
The development of a lot in the RU use zone shall be in accordance with the following table:
(a) Minimum Main Building/Structure
i. Side yard
6.0m (19.7ft)
ii. Rear yard
6.0m (19.7ft}
iii. Setback from street line
Seeft..ll
iv. Setback from any other lot line not outlined above
6.0m (19.7ft}
(b) Maximum Main Building/Structure
i. Height
(N/A)
ii. Lot coverage (also includes accessory buildings)
30%
..
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Development Regulations (2019-29)
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Page 73 of 132
POil Ml , .. nsT
E.2.3 RESIDENTIAL (RES) USE ZONE
E.2.3.1 Use Zone Table {RES)
I. Use Group
(a) Agricu ltura I
(P)
{N/A)
(D)
{N/A)
(X)
i.
Any agricultural use not
outlined in {P) or (D) is a
prohibited use.
b) Commercial
(P)
{N/A)
(D)
{N/A)
(X)
i.
Any commercial use not
outlined in (P) or (D) is a
prohibited use.
(c) Industrial
(P)
{N/A)
II. Use Division
Ill. Use
(N/A)
i.
Community garden
ii.
Hobby garden
(N/A)
i.
Backyard poultry coop
(N/A)
{N/A)
{N/A)
i.
Home business (see~
(N/A)
i.
Home industry (see U)
ii.
Special function tent
iii. Vending facility
(N/A)
(N/A)
(N/A)
(N/A)
- --
(d) Institutional
(e) Open Space
~
SCP
-.... ~,,.. .. -~, ...
(D)
(X)
(P)
(D)
(X)
(P)
(D)
f-
(X)
{N/A)
(N/A)
i.
All industrial uses are
(N/A)
prohibited uses.
{N/A)
(N/A)
{N/A)
(N/A)
i.
Any institutional use not
{N/A)
outlined in (P) or (D) is a
prohibited use.
i.
Any open space use not
{N/A)
outlined in (D) or (X) is a
permitted use.
{N/A)
{N/A)
-
-
--
(N/A)
{N/A)
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 74 of 132
(N/A)
(N/A)
(N/A)
i.
Child care service - family
ii.
Mobile educational /
instructional use
iii.
Philanthropic use
iv.
Place of worship
V.
Special function tent
{N/A)
{N/A)
{N/A)
~
i.
Interpretive centre
,ti
(_' ii-
,0111 AU ,mn WIST
(f) Residential
(g) Resource
(h) Sign (see U)
(i) Transportation
(j) Utility
~
SCP
---
(P)
(D)
(X}
(P}
(D)
(X)
(P)
(D)
(X)
(P}
(D)
(X)
(P)
(D)
(X)
(N/A)
(N/A)
(N/A)
(N/A)
i.
Any residential use not
(N/A)
outlined in (P) or (D) is a
prohibited use.
(N/A)
(N/A)
(N/A)
(N/A)
i.
All resource uses are
(N/A)
prohibited uses.
(N/A)
(N/A)
(N/A)
(N/A)
i.
Any sign use not outlined (N/A)
in (P} or (D) is a
prohibited use.
~
(N/A)
(N/A)
(N/A)
(N/A)
i.
Any transportation use
(N/A)
not outlined in (P) or (D)
is a prohibited use.
-
(N/A)
(N/A)
(N/A)
(N/A)
{N/A)
{N/A)
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 75 of 132 ---
i.
Single unit dwelling
ii.
Double unit dwelling
iii.
Row house double dwelling
iv.
Row house single dwelling
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
i.
One (1) facial wall sign in
conjunction with a home
business or home industry.
(N/A)
(N/A)
(N/A)
i.
Transportation hub (small
craft dock or slipway only)
(N/A)
i.
Access
ii.
Public utilities
iii.
Street
i.
Private wind energy system
(seek.2.)
(N/A)
,Olltt AU NIT WHT
E.2.3.2 Lot Development Standards {RES)
The development of a lot in the RES use zone shall be in accordance with the following table:
(a) Minimum Main Building/Structure
i. Side yard
3.0m (9.8ft)
ii. Rear yard
6.0m (19.7ft)
iii. Setback from street line
See !Ll1
-
iv. Setback from any other lot line not outlined above
3.0m (9.8ft)
(b) Maximum Main Building/Structure
i. Height
12.Sm (41.0ft); anything higher shall be considered similar to
a discretionary use under subsection A.2.2.8. thereby
requiring public notice (see subsection A.2.2.121
~
ii. Lot coverage (also includes accessory buildings)
20%
~
SCP
.,.._~--
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 76 of 132
--
E.2.4 CONSERVATION (C) USE ZONE
E.2.4.1 Use Zone Table (C)
(a} Agricultural
(P)
(D)
(X)
b) Commercial
(Pl
(D)
(X)
(c) Industrial
(P)
(D)
(X)
(d) Institutional
(P)
(D)
(X)
(e) Open Space
(Pl
(D)
-
-
(X)
(f) Residential
(P)
(D)
(X)
I. Use Group
II. Use Division
(N/A)
(N/A)
(N/A)
(N/A)
i.
Any agricultural use not
(N/A)
outlined in (P) or (D) is a
prohibited use.
(N/A)
(N/A)
(N/A)
(N/A)
i.
Any commercial use not
(N/A)
outlined in (P) or (D) is a
prohibited use.
(N/A)
(N/A)
(N/A)
(N/A)
i.
All industrial uses are
(N/A)
prohibited uses.
(N/A)
(N/A)
(N/A)
(N/A)
i.
Any institutional use not
(N/A)
outlined in (P) or (D) is a
prohibited use.
(N/A)
(N/A)
(N/A)
(N/A)
-
-
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
i.
All residential uses are
(N/A)
prohibited uses.
Town of Port au Port West-Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 77 of 132
Ill. Use
(N/A)
i.
Community garden
ii.
Hobby garden
(N/A)
(N/A)
i.
Special function tent
ii.
Vending facility
(N/A)
(N/A)
(N/A)
(N/A)
(N/A)
i.
Mobile educational /
instructional use
ii.
Special function tent
(N/A)
i.
Water Supply
ii.
Area of natural, historic, or
scientific interested
iii.
Passive park (public or
private)
i.
Interpretive centre
ii.
Active park (public or
private)
(N/A)
(N/A)
(N/A)
(N/A)
(g) Resource
(P)
(N/A)
i.
Earth Exploration
(N/A)
(D)
(N/A)
(N/A)
(N/A)
----
(X)
i.
Any resource use not
(N/A)
(N/A)
outlined in (P) or (D) is a
prohibited use.
(h) Sign (see Ll) (P)
i.
Any sign use not outlined (N/A)
(N/A)
in (D) or (X) is a permitted
use.
(D)
(N/A)
(N/A)
i.
Electronic message board
sign
(X)
(N/A)
(N/A)
i.
Billboard
(i) Transportation (P)
(N/A)
(N/A)
(N/A)
(D)
(N/A)
{N/ A)
i.
Transportation hub (small
craft dock only)
(X)
i.
Any transportation use
(N/A)
(N/A)
not outlined in (P) or (D)
is a prohibited use.
U) Utility
(P)
(N/A)
(N/ A)
i.
Access
ii.
Public utilities
iii.
Street
(D)
(N/A)
1(N/A)
(N/A)
(X)
(N/A)
(N/A)
i.
Private wind energy system
E.2.4.2 Lot Development Standards (C)
The development of a lot in the C use zone shall be in accordance with the following table:
(a) Minimum Main Building/Structure
i. Side yard
3.0m (9.8ft)
----
--
ii. Rear yard
N/A
iii. Setback from street line
See all
iv. Setback from any other lot line not outlined above
3.0m (9.8ft)
(b) Maximum Main Building/Structure
i. Height
(N/A)
-
-- --
--
ii. Lot coverage (also includes accessory buildings)
(N/A)
~
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Town of Port au Port West- Aguathuna - Felix Cove
Development Regulations (2019-29)
Page 78 of 132
-
--
-----
.f\\ ,,~
POIT Al POil WlSl
E.2.5 MINING AND QUARRYING (MQ) USE ZONE
E.2.5.1 Use Zone Table (MQ)
(al Agricultural
(Pl
(D)
(X}
bl Commercial
(P}
(D)
(X)
-
(c) Industrial
(P)
(D)
(Xl
(d) Institutional
(Pl
(D)
(Xl
(el Open Space
(Pl
(Dl
(Xl
(f) Residential
(P)
(D)
(Xl
f--
(gl Resource
(Pl
(D)
(Xl
~.
SCP
---
I. Use Group
II. Use Division
(N/A)
(N/Al
(N/Al
(N/A)
i.
All agricultural uses are
(N/A)
prohibited uses.
(N/A)
(N/A)
(N/A)
(N/A)
i.
All commercial uses are
(N/A)
prohibited uses.
-
(N/A)
(N/A)
(N/A)
(N/Al
i.
Any industrial use not
(N/A)
outlined in (P) or (D) is a
prohibited use.
(N/A)
(N/A)
(N/A)
(N/A)
i.
All institutional uses are
(N/A)
prohibited uses.
-
(N/A)
(N/A)
(N/A)
(N/A)
i.
Any open space use not
(N/A)
outlined in (P) or (Dl is a
prohibited use.
(N/A)
(N/A)
(N/A)
(N/A)
i.
All residential uses are
(N/A)
prohibited uses.
-
(N/A)
i.
Earth Exploration
ii.
Earth Extraction
(N/A)
(N/A)
i.
Any resource use not
(N/A)
outlined in (P} or (D) is a
prohibited use.
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Ill. Use
(N/Al
(N/Al
(N/A)
(N/A)
(N/A)
(N/A)
-
i.
Asphalt/ Aggregate/
Concrete Plant
(N/A)
(N/Al
(N/A)
(N/A)
(N/A)
i.
Passive park (public or
private)
(N/A)
(N/Al
(N/Al
(N/A)
(N/Al
(N/A)
(N/A)
(N/Al
-------
(h) Sign {see Q) {P)
i.
Any sign use not outlined (N/A)
(N/A)
in (D) or (X) is a permitted
use --
------
-
{D)
(N/A)
(N/A)
(N/A)
{X)
(N/A)
(N/A)
i.
Billboard
ii.
Electronic message board
sign
{i) Transportation {P)
(N/A)
(N/A)
i.
Transportation hub
(D)
(N/A)
(N/A)
(N/A)
{X)
i.
Any transportation use
(N/A)
(N/A)
not outlined in (P) or (D)
is a prohibited use.
{j) Utility
{P)
i.
All utility uses are
(N/A)
(N/A)
permitted uses.
{D)
(N/A)
(N/A)
(N/A)
(X)
(N/A)
{N/A)
{N/A)
-
-
--
E.2.5.2 Lot Development Standards (MQ)
Note: See C.17 for additional requirements for mineral workings.
The development of a lot in the MQ use zone shall be in accordance with the following table:
{a) Minimum Main Bui/ding/Structure
i. Side yard
16.0m (19.7ft)
ii. Rear yard
6.0m (19.7ft)
iii. Setback from street line
See B.11
-
t-
iv. Setback from any other lot line not outlined above
6.0m {19.7ft)
{b) Maximum Main Building/Structure
i. Height
(N/A)
ii. Lot coverage (also includes accessory buildings)
(N/A)
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--
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Appendix A: Minister's Development Regulations
Newfoundland Regulation 2001
NEWFOUNDLAND REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. John's, January 2, 200 I.
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Short title
Definitions
Application
Interpretation
Notice of right to appeal
Appeal requirements
Appeal registration
Development prohibited
Hearing notice and meetings
Hearing of evidence
Board decision
Variances
Notice of variance
Residential non conformity
Notice and hearings on change of use
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
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16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
Shon title
1. These regulations may be cited as the Development Regulations.
Definitions
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000;
(b) "applicant" means a person who has applied to an authority for an approval or permit to
carry out a development;
(c) "authority" means a council, authorized administrator or regional authority; and
(d) "development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
Application
3. ( I) These regulations shall be included in the development regulations of an authority and
shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations or other
regulations of an authority, these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
Interpretation
4. ( I) In development regulations and other regulations made with respect to a planning area the
following terms shall have the meanings indicated in this section
(a) "access" means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
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greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
(c) "accessory use" means a use that is subsidiary to a pem1itted or discretionary use and that
is customarily expected to occur with the permitted or discretionary use;
(d) "building height" means the vertical distance, measured in metres from the established
grade to the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof;
(e) "building line" means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that a building may be placed;
(f) "discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations;
(g) "established grade" means,
(i) where used in reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii) where used in reference to a structure that is not a building, the average elevation of
the finished grade of the ground immediately surrounding the structure, exclusive of
any artificial embankment or entrenchment;
(h) "floor area" means the total area of all floors in a building measured to the outside face
of exterior walls;
(i) "frontage" means the horizontal distance between side lot lines measured at the building
line;
U) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building;
(k) "lot area" means the total horizontal area within the lines of the lot;
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()) "lot coverage" means the combined area of all building on a lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total
area of the lot;
(m) "non-conforming use" means a legally existing use that is not .listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the legal right
to use the land under consideration;
(o) "permitted use" means a use that is listed within the permitted use classes set out in the
use zone tables of an authority's development regulations;
(p) "prohibited use" means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority specifies as not permitted
within a use zone;
(q) "sign" means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as
a memorial, advertisements of local government, utilities and boarding or similar
structures used for the display of advertisements;
(r) "rear yard depth" means the distance between the rear lot line and the rear wall of the
main building on a lot;
(s) "side yard depth" means the distance between the side lot line and the nearest side wall of
a building on the lot;
(t) "street" means a street, road, highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency vehicles;
(u) "street line" means the edge of a street reservation as defined by the authority having
jurisdiction;
(v) "use" means a building or activity situated on a lot or a development permitted on a lot;
(w) "use zone" or "zone" means an area of land including buildings and water designated on
the zoning map to which the uses, standards and conditions of a particular use zone table
apply;
(x) "variance" means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use
Zone Table of the authority's regulations; and
(y) "zoning map" means the map or maps attached to and forming a part of the authority's
regulations.
(2) An authority may, in its discretion, determine the uses that may or may not be developed
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in a use zone and those uses shall be listed in the authority's regulations as discretionary, permitted
or prohibited uses for that area.
Notice of right to appeal
5. Where an authority makes a decision that may be appealed under section 42 of the Act, that
authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right ofother interested persons to appeal the decision; and
( d) manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6. (I) The secretary of the board at the Department of Municipal and Provincial Affairs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., A I B 4J6 is the
secretary to all boards in the province and an appeal filed with that secretary within the time period
referred to in subsection 42(4) of the Act shall be considered to have been filed with the appropriate
board.
(2) Notwithstanding subsection ( I), where the City of Comer Brook, City of Mount Pearl or
City of St. John's appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed
with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection (I) or (2) within the
14 days referred to in subsection 42( 4) of the Act.
(4) The board that hears the decision being appealed shall, subject to subsection 44(3) of the
Act, retain the fee paid to the board.
(5) Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VT of the Act, the right to appeal that decision shall be
considered to have been forfeited.
Appeal registration
7. (I) Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 6( I) and (2), shall immediately register the
appeal.
(2) Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
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(3) Where an authority has been notified of an appeal that authority shall forward to the
appropriate board a copy of the application being appealed, all correspondence, council minutes,
plans and other relevant infonnation relating to the appeal including the names and addresses of the
applicant and other interested persons of whom the authority has knowledge.
(4) Upon receipt of the information under subsection (3), the secretary of the board shall
publish in a newspaper circulated in the area of the appropriate authority, a notice that the appeal has
been registered.
(5) A notice published under subsection (4) shall be published not fewer than 2 weeks before
the date upon which the appeal is to be heard by the board.
Development prohibited
8. ( I) Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
(2) Sections I 02 and I 04 of the Act apply to an authority acting under subsection (I ).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order
under section I 02 of the Act, an authority shall not carry out work related to the matter being
appealed.
Hearing notfoe and mcct.ings
9. ( I) A board shall notify the appellant, applicant, authority and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date
scheduled for the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its work in an expeditious manner.
Hearing of evidence
JO. ( I) A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9( I) or their representative may appear before the board and
make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3) A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as evidence
directly provided at the hearing of the board.
(4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
Board decision
11. A decision of the board must comply with the plan, scheme or development regulations that
apply to the matter that has been appealed to that board.
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Variances
12. (1) Where an approval or pennit cannot be given by an authority because a proposed
development does not comply with development standards set out in development regulations, an
authority may, in its discretion, vary the applicable development standards to a maximum of I 0% if,
in the authority's opinion, compliance with the development standards would prejudice the proper
development of the land, building or structure in question or would be contrary to public interest.
(2) An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances made or to
be made with respect to the same land, building or structure, would have a cumulative effect that is
greater than a I 0% variance even though the individual variances are separately no more than I 0%.
(3) An authority shall not pem1it a variance from development standards where the proposed
development would increase the non confonnity of an existing development.
Notice of variance
13. Where an authority is to consider a proposed variance, that authority shall give written notice
of the proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
Residential non conformity
14. A residential building or structure referred to in paragraph I 08(3)(g) of the Act must, where
being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
No1ice and hearings on change of use
15. Where considering a non conforming building, structure or development under paragraph
I 08(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming
building, structure or development, an authority, at the applicant's expense, shall publish a notice in a
newspaper circulating in the area or by other means give public notice of an application to vary the
existing use of a non-confonning building, structure or development and shall consider any
representations or submissions received in response to that advertisement.
Non-conformance with siandards
16. Where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not be expanded if
the expansion would increase the non-confonnity and an expansion must comply with the
development standards applicable to that building, structure or development.
Discontinuance of non-confom1ing use
17. An authority may make development regulations providing for a greater period of time than
is provided under subsection I 08(2) of the Act with respect to the time by which a discontinued non-
confonning use may resume operation.
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Delegation of powers
18. An authority shall, where designating employees to whom a power is to be delegated under
subsection I 09(3) of the Act, make that designation in writing.
Commencement
19. These regulations shall be considered to have come into force on January 1, 2001.
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Appendix B: Definitions
APP. B.1 UNDEFINED TERMS
Where a term used is undefined, please refer to the following in order of precedence:
1) The Act;
2) Other Newfoundland and Labrador Act or Regulation most relevant to the term in question;
3) Black's Law Dictionary (current edition); or
4) Canadian Oxford Dictionary (current edition).
APP. B.2 TERMS IN THE MINISTER'S DEVELOPMENT REGULATIONS
;
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Terms labelled with the official provincial logo (llewJi::'-1) are required to be included in the Regulations
pursuant to subsection 4. (1) of the Minister's Development Regulations, NLR 3/01 (the MOR).
Explanations or directions in square brackets are for user convenience only and do not form a part of
these definitions. Where there is conflict between the Plan and Regulations, and the MOR, the latter
shall prevail.
APP. B.3 DEFINED TERMS
' ,~"'.~
APP. 8.3.1 ILLUSTRATIONS
Diagrams are for illustrative purposes only. Where there is conflict between a diagram and an
associated text definition, the latter shall prevail.
APP. B.3.2 ITALICS
Fur user convenience, the following definitions in App. B.3.3 are italicized throughout t his Plan. The
associated definition may still apply if said definition is not italicized.
APP. B.3.3 DEFINITIONS
11ew=1<1ACCESS means a way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street.
ACCESS STRIP means the narrow portion of a back lot which provides access to the developable portion
of the lot. Where a back lot is shaped like a flag, this would represent the narrow pole portion of the
lot.
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Newfbi c11p,K1ACCESSORY BUILDING includes:
L-h
rad
or
a)
a detached subordinate building not used as a dwelling, located on
the same lot as the main building to which it is an accessory and
which has a use that is customarily incidental or complementary to
the main use of the building or land
b)
for residential uses, domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetables
storage cellars, shelters for domestic pets or radio and television
antennae
c)
for commercial uses, workshops or garages, and
d) for industrial uses, garages, offices, raised ramps and docks.
1wl\,! i1t,ndACCESSORY USE means a use that is subsidiary to a permitted or discretionary use and that is
um,dor customarily expected to occur with the permitted or discretionary use.
ACT means the Urban and Rural Planning Act, 2000, SNL 2000, c U-8.
ACTIVE TRANSPORTATION refers to all human powered forms of transportation, in particular walking
and cycling. It includes the use of mobility aids such as wheelchairs, and can also encompass other
active transport variations such as in-line skating, skateboarding, cross-country skiing, and kayaking.
ADMINISTRATIVE REQUEST means a request for information wherein a decision is not rendered by the
Delegated Employee or Council. See also application.
ADULT ESTABLISHMENT means any premises or part thereof where goods, entertainment, or services
are designed to appeal to erotic or sexual appetites. Adult establishment is a use division under the
commercial use group (see 'Appendix C: Use Category Table').
ADULT ESTABLISHMENT, CABARET means a nightclub, bar, restaurant, or similar establishment
that features live performances that are characterized by the exposure of specified anatomical
areas or by specified sexual activities.
ADULT ESTABLISHMENT, ESCORT SERVICE means an establishment where escorts are provided
for specified sexual activities.
ADULT ESTABLISHMENT, MASSAGE PARLOUR means an establishment where massage is
administered to the human body for sexual pleasure and is characterized by the exposure of
specified anatomical areas or by specified sexual activities.
ADULT ESTABLISHMENT, RETAIL OUTLET means a building or part thereof with the principal
purpose to offer for sale or rent, either of the following:
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a) Books, magazines, or other printed matter; or photographs, films, or motion pictures
displaying specified anatomical areas or specified sexual activities; or
b) Instruments, devices, or paraphernalia that are designed for use in connection with
specified sexual activities.
ADULT ESTABLISHMENT, STUDIO means an establishment where visual presentations are
produced or processed that are characterized by an emphasis on the depiction or description of
specified anatomical areas or specified sexual activities, which may include, but is not limited to,
pictures, slides, audio and video recordings.
ADULT ESTABLISHMENT, THEATRE means a commercial establishment where films, motion
pictures, or other photographic reproductions are shown which are characterized by an
emphasis on the depiction of specified anatomical areas or specified sexual activities.
AGRICULTURAL USE means a use where land is used for raising field or forestry crops and/or grazing
livestock and includes any agricultural buildings required for operation, maintenance, or storage; and
may include the sale of produce grown on site. An agricultural use may also contain a dwelling as an
accessory use in accordance with subsection C.19. Agricultural uses are listed in the 'Agricultural' use
group-and where applicable, in subsidiary use divisions-in 'Appendix C: Use Category Table'.
AGRICULTURAL, ABATTOIR means a use where animals are slaughtered and may include
packing, treating, storing, and sale of the product on the premises.
AGRICULTURAL, BACKYARD POULTRY COOP means the keeping of up to four (4) hens or ducks in
a coop structure as an accessory use to a residential building(s) on the same lot. See subsection
C.18.
AGRICULTURAL, COMMERCIAL means any concentrated form of agricultural use including, but
is not limited to, such operations as poultry and hog farms, rabbit and fur farms, greenhouses,
tree nurseries, and similar specialty uses.
AGRICULTURAL, COMMUNITY GARDEN means a piece of land, not exploited for commercial
uses, that is cultivated by a group of people rather than a single family or individual.
AGRICULTURAL, FEED MILL means a building for the processing, blending, grinding, and mixing
of grains, seeds, and concentrates for animals.
AGRICULTURAL, HOBBY GARDEN means a small garden 1000m2 (0.25 acres) or less operated for
pleasure or supplemental income rather than for primary income. This use is limited to the
raising of field or forestry crops and excludes the raising of livestock.
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AGRICULTURAL, PERSONAL means any agricultural use for personal benefit or gain, which
includes, but is not limited to the keeping of livestock or raising of field or forestry crops. A
personal agricultural use may be an accessory use to a main residential use on a lot. Commercial
agricultural use is a separate use.
AGRICULTURAL, RESEARCH FARM means a use where scientific research, investigation, testing,
or experimentation takes place inside or outside of buildings by a level of government in the
field of agriculture and farming. This use may include a variety of accessory uses relating to the
operation including professional and legal services; laboratories; food services; printing centre;
meeting, conference, and training boardrooms; and other similar facilities.
ANIMAL SHELTER means a use that provides for the care and veterinary service of lost, abandoned, or
neglected animals.
ANIMAL UNIT is an agricultural livestock measurement outlined in the 'The Environmental Farm
Practices Guidelines for Livestock and Poultry Producers,' which is a policy guideline issued by the
provincial Agrifoods Development Branch of the Forestry and Agrifoods Agency. Animal unit equivalents
are outlined in 'Appendix D: Animal Unit Equivalents'. Where there is conflict between the Plan and
Regulations, and the Guidelines, the latter shall prevail.
APPEAL means a request made by a person or persons aggrieved of a decision made by the Delegated
Employee or Council to overturn said decision. An appeal is heard by an appeal board given statutory
authority under Part VI of the Act.
APPEAL BOARD means the applicable regional appeal board as established under the Regional Appeal
Boards Establishment Order, CNLR 997 /96.
APPLICANT means a person who has applied to the Town for an approval or permit to carry out a
development.
APPLICATION means a formal request wherein an approval decision is sought from the Delegated
Employee or Council. See also approval in principle and administrative request.
APPLICATION, DEVELOPMENT means an application seeking the approval/issuance of a
development permit from the Delegated Employee or Council. A development application may
occur in conjunction with other applications. See subsections A.2.1.4 and A.2.2.3.
APPLICATION, DISCRETIONARY USE means an application seeking discretionary use approval
from Council. See subsection A.2.2.8.
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APPLICATION, NON-CONFORMING USE means an application seeking an approval from Council
relating to an existing, legal non-conforming use. See subsection A.2.2.10.
APPLICATION, PLAN AMENDMENT means an application seeking approval from Council to
amend the Pion, or Pion and Regulations. See subsection A.2.2.11.
APPLICATION, REGULATIONS AMENDMENT means an application seeking approval from
Council to amend the Regulations only, without a proposed amendment to the Pion. See
subsection A.2.2.11.
APPLICATION, VARIANCE means an application for variance relief from the Regulations, wherein
an approval is sought from Council. See subsection A.2.2.9.
APPROVAL IN PRINCIPLE means an interim approval indicating the intent of the Delegated Employee or
Council to approve, if submitted by the applicant, a formal application further to the original
submission. See also application and administrative request.
AREA OF NATURAL, SCIENTIFIC, OR HISTORIC INTEREST means areas or features of land and/or water
representing a significant geological, biological, and/or historical interest.
ASPHALT/AGGREGATE/CONCRETE PLANT means a use where the production of asphalt, aggregate, or
concrete products take place and may include the stockpiling and storage of bulk materials and the
storage and sale of finished products manufactured on the premises.
ASSEMBLY HALL means a building or part thereof used for the gathering of persons for civic,
educational, political, religious, recreational, cultural, social, or other similar purposes. Adult
establishment uses are separate uses.
ASSISTED LIVING FACILITY means a facility that provides supervision and medical assistance to residents
and offers the coordination of services by outside healthcare providers and may include such accessory
uses as medical offices or clinics, personal service shops, or a retail store and similar uses not exceeding
50.0m2 (538.2ft2) each. Personal core home uses are separate uses.
AUCTION FACILITY means a use that provides for the auctioning and related temporary storage of large
equipment, livestock, and motor vehicles.
AUCTION HOUSE means a use conducted entirely indoors that provides for the auctioning and related
temporary storage of goods, except large equipment, livestock, and motor vehicles.
AUTHORIZED DESIGNATE means an individual who is given written permission from the property owner
to act on his or her behalf in submitting an application or approval in principle request to the Town.
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AUTOMOTIVE ESTABLISHMENT means any premises or part thereof that is designed for the sale, rental,
services, maintenance, or storage of vehicles. Automotive establishment is a use division under the
'Commercial' use group (see 'Appendix C: Use Category Table').
AUTOMOTIVE ESTABLISHMENT, BODY AND PAINT means a use where motor vehicle bodies and
frames are repaired or painted.
AUTOMOTIVE ESTABLISHMENT, DEALERSHIP -
LARGE means a use where motor vehicles
exceeding 1.5 ton capacity are sold, rented, serviced, or repaired and may include the
dispensing of fuel and the ancillary sale of vehicle parts or accessories.
AUTOMOTIVE ESTABLISHMENT, DEALERSHIP - SEASONAL means a use where recreational or
seasonal vehicles such as motorcycles, snowmobiles, ATVs, boats, and/or campers are sold or
leased to the public and may include the servicing, repair, and ancillary sale of vehicle parts or
accessories.
AUTOMOTIVE ESTABLISHMENT, DEALERSHIP - SMALL means a use where motor vehicles not
exceeding 1.5 tons capacity are sold or leased to the public and may include the servicing,
repair, or cleaning of vehicles and dispensing of fuel.
AUTOMOTIVE ESTABLISHMENT, DISPATCH SERVICE means a use where vehicles are dispatched
to provide transport services to people or items and may include the maintenance or repair of
fleet vehicles and administrative functions relating to the service(s) provided. Typical uses
include taxi, limousine, and courier services.
AUTOMOTIVE ESTABLISHMENT, GAS STATION means an establishment where motor vehicle fuel
and products necessary for the operation of a motor vehicle are sold to the general public.
AUTOMOTIVE ESTABLISHMENT, RENTAL means a use where motor vehicles not exceeding 1.5
tons capacity are rented to the public and may include the servicing, repair, or cleaning of
vehicles, and dispensing of fuel.
AUTOMOTIVE ESTABLISHMENT, SERVICE -
LARGE means a use where motor vehicles are
serviced or repaired; three (3) or more service bays are permitted. Body and paint automotive
establishment is a separate use.
AUTOMOTIVE ESTABLISHMENT, SERVICE -
SMALL means a use where motor vehicles are
serviced or repaired; two (2) or less service bays are permitted. Body and paint automotive
establishment is a separate use.
AUTOMOTIVE ESTABLISHMENT, STORAGE means a use where motor vehicles are stored and
does not include the servicing, repair, or cleaning of vehicles or storage of derelict or dilapidated
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vehicles or sale of vehicle parts, but may include a building for administrative functions
associated with the use.
AUTOMOTIVE ESTABLISHMENT, TOWING SERVICE means a use where trucks are dispatched to
transport disabled vehicles and includes the secure outdoor storage of towed vehicles.
AUTOMOTIVE ESTABLISHMENT, WASH means the use of a lot on which motor vehicles are
washed for commercial gain. This use may also include pet wash services.
BACKGROUND REPORT means the 'Municipal Plan Background Report (2018)' prepared by SCP for the
consideration of Council prior to the development of the Plan and Regulations.
BAR/PUB/NIGHT CLUB means a commercial use where alcoholic beverages are sold and consumed on
the premises. To operate legally, this use must hold a license under the Liquor Control Act, RSNL 1990. A
bar/pub/night club may serve food and provide entertainment as accessory uses.
BED AND BREAKFAST/TOURIST HOME means a use where temporary accommodation within a single
unit dwelling is provided to visitors and travellers for remuneration, and contains no more than five (5)
rooms for guests.
BOARDING HOUSE means a dwelling in which at least two (2) rooms are regularly rented to persons
other than the immediate family of the owner or tenant.
BOAT means a motorized vessel propelled on water.
BUILDING means a roofed structure used or built for the shelter, accommodation, or enclosure of
persons, animals, materials, or equipment. The construction standards for a building are outlined in the
Building Code.
tie..~ d\OIK1BUILDING HEIGHT means the vertical distance, measured in
1.41rador metres from the established grade to the
a) highest point of the roof surface of a flat [or shed] roof,
b) deck line of a mansard roof, and
c) mean height level between the eave and the ridge of a
gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical
structure, smokestacks, steeples and purely ornamental structures
above a roof.
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tlewfoiflllndBUILDING LINE means a line established by an authority that runs parallel to a street line and is set at
u,1imor t he closest point to a street that a building may be placed. [See also structure line setback and
subsection B.11.]
BUILDING PERMIT means a combined development/building permit or a building permit as issued by
the Town pursuant to section 194 of the Municipalities Act, 1999, SNL 1999, c M-24.
BULK FUEL STATION means a facility for the storage and distribution of petroleum or propane products
in bulk quantities, but does not include the retail sales or processing and may include tanker vehicle
storage and key-lock pumps.
CAMPERS includes vehicles, or components that are designed t o mount and dismount from vehicles,
which are designed for seasonal residence. Campers include, but are not limited to, travel trailers,
motor homes, and truck-mounted campers. Mobile homes and tents are separate uses.
CAMPGROUND means any area of land upon which tents, motor home vehicles, truck-mounted camper
vehicles, travel trailer vehicles, or similar shelters may be placed to provide sleeping accommodation. A
campground may include supplementary bathroom, laundry, recreation, or retail store facilities. A
campground is open to the travelling public and offers per-night rental of individual sites or pads for the
placement of the above-noted vehicles and/or temporary structures.
CATERING SERVICE means a use where food and beverages are prepared in a facility for consumption
off-site.
CHILD CARE SERVICE means a facility or dwelling in which child care services are provided. This use is
regulated under the Child Care Services Regulations, NLR 89/05 of the Child Care Act, SNL 2014, c C-
11.01.
CHILD CARE SERVICE, CENTRE BASED means an independent facility in which child care services
are provided. This use is regulated as 'centre based child care' under the Child Care Services
Regulations, N LR 89/05.
CHILD CARE SERVICE, FAMILY means a dwelling in which child care services are provided. This
use is regulated as 'family child care' under the Child Care Services Regulations, NLR
89/05.
CODE means a Canadian, national construction code (see 'Canadian Code Centre') developed by the
National Research Council of Canada (NRCC) and includes, but is not limited to, the following:
CODE, BUILDING means the most recent version of the National Building Code of Canada
(NBCC).
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CODE, ENERGY CODE means the most recent version of the National Energy Code of Canada for
Buildings (NECCB).
CODE, FIRE means the most recent version of the National Fire Code of Canada (NFCC).
CODE, PLUMBING means the most recent version of the National Plumbing Code of Canada
(NPCC).
COLUMBARIUM means a building or part thereof used for the storage of funeral urns.
COMMERCIAL USE means an occupation, employment, or enterprise that is carried on for profit.
Commercial uses are listed in the 'Commercial' use group- and where applicable, in subsidiary use
divisions- in 'Appendix C: Use Category Table'.
COMMUNICATION USE means the use of land, buildings, or structures for the production, storage, and
dissemination of information and information products including, but is not limited to, broadcast
studio/television services, telecommunication services, and call centres. Adult establishment uses are
separate uses.
COMMUNITY CENTRE means a use that provides for non-profit recreational, educational, social, and
cultural activities and events.
CONFERENCE AND EVENT FACILITY means a use that provides permanent facilities for conventions,
seminars, workshops, fairs, or other similar activities.
CONTRACTOR'S SHOP means a use where construction or building trades conduct their business or
operation for work off the premises.
CONTRACTOR'S YARD means a yard of a general contractor, landscaping contractor, or builder where
equipment and materials are stored or where a contractor performs shop or assembly work, but does
not include another yard or establishment otherwise defined in these Regulations.
COTTAGE means a building used for seasonal residence which includes provisions for sleeping, and
kitchen or sanitary facilities. A cottage may be used privately or operated commercially on a
remunerative basis. A cottage is typically used for hunting, trapping, fishing, and/or general outdoor
leisure activities. Although a cottage shall not be used as a dwelling for permanent, year-round
residence, a cottage is limited to the building forms of a single unit dwelling, mini home dwelling, and
mobile home dwelling.
COTTAGE -
RESORT CLUSTER means a combination of cottages situated on one (1) lot, which may
include additional mixed use buildings. A cottage - resort cluster is a commercial establishment that is
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advertised and open to the public on a seasonal residence or per-night rental basis similar to a
hotel/motel/inn or bed and breakfast/tourist home.
COTTAGE - PRIVATE CLUSTER means a combination of cottages situated on one (1) lot. A cottage -
private cluster is not a commercial use and may be owned and operated by a group or club on a non-
remunerative basis.
COUNCIL means the Town Council of Port au Port West- Aguathuna- Felix Cove.
CULTURAL ESTABLISHMENT means a use that provides display, storage, restoration, or events related to
art, literature, music, history, performance, or science and includes, but is not limited to, uses such as
art galleries, theatres, libraries, auditoriums, museums, archives, performing arts, and interpretive
centres.
CRAFT WORKSHOP means a building or part thereof used for the manufacture of craft articles such as,
but is not limited to, leather work, pottery, woodwork, painting and similar activities. This use may
include the retail sales of such products.
CREMATORIUM means a building or part thereof used for the cremation of human or animal remains. A
crematorium may also include a columbarium as an accessory use.
DAYLIGHTING TRIANGLE means the triangular-shaped area
of land formed by measuring from the point of intersection
of street lines on a corner lot. The daylighting triangle
'Required Yard Setback', represented as A) in the adjacent
diagram, is 4.6m (15.1ft).
DELEGATED EMPLOYEE means an employee appointed by Council pursuant to section 109 of the Act.
DEVELOPMENT [definition from the Act] means the carrying out of building, engineering, mining or
other operations in, on, over or under land, or the making of a material change in the use, or the
intensity of use of land, buildings or premises and the:
a) Making of an access onto a highway street, road or way;
b) Erection of an advertisement or sign;
c) Construction of a building;
d) Parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an office,
or for living accommodation;
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and excludes the:
e) Carrying out of works for the maintenance, improvement or other alteration of a building, being
works which affect only the interior of the building or which do not materially affect the external
appearance or use of the building;
f)
Carrying out by a highway authority of works required for the maintenance or improvement of a
road [street], being works carried out on land within the boundaries of the road reservation
[street reservation];
g) Carrying out by a local authority [Town) or statutory undertakers of works for the purpose of
inspecting, repairing or renewing sewers, mains, pipes, cables or other apparatus, including the
breaking open of street or other land for t hat purpose; and
h) Use of a building or land within the courtyard of a dwelling house for a purpose incidental to the
enjoyment of the dwelling house as a dwelling.
DEVELOPMENT PERMIT means a combined building/development permit or a development permit as
issued by the Town pursuant to subsection 35(1)(e) of the Act.
DHCS means the Newfoundland and Labrador Department of Health and Community Services or
department(s) subsequent thereto.
DJPS means the Newfoundland and Labrador Department of Justice and Public Safety or department(s)
subsequent t hereto.
DMAE means the Newfoundland and Labrador Department of Municipal Affairs and Environment or
department(s) subsequent thereto.
t1e1a'9,1Kl\all<IDISCRETIONARY USE means a use that is listed within the discretionary use classes established in the
11o-at1or use zone tables of an authority's development regulations.
DISPLAY COURT means an area of land where goods are displayed for sale from a retail outlet located
on the same lot. Model home display court is a separate use.
DISPLAY COURT - MODEL HOME means a use where model and show homes are displayed for sales
purposes and construction off-site. A model home display court may also include an on-site office
associated with the sale of the model and show homes.
DISTRIBUTION USE means a use carried out primarily in a building used for the storage, wholesaling,
and distribution of goods and materials.
DNR means the Newfoundland and Labrador Department of Natural Resources or department(s)
subsequent thereto.
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DORMITORY/RESIDENCE means a building containing sleeping units which are provided and/or rented
for occupancy by students and/or staff members affiliated with a hospital, educational use, religious
order, rest or nursing home, assisted living facility, personal care home uses, or similar institution, and
which is regulated by such institution. A dormitory/residence may contain communal dining facilities,
but shall exclude the preparation of meals within the sleeping units.
DRIVE-THRU means an establishment that is designed to provide services or products to customers
while in their passenger motor vehicle.
DRY CLEANING PLANT means a facility designed for the large-scale cleaning of fabrics, rugs, and clothes
using solvents.
DRY CLEANING / LAUNDRY STORE means a facility for the cleaning or laundering of garments,
principally for individuals. Employees may or may not work on site.
DSNL means the Department of Services Newfoundland and Labrador or department(s) subsequent
thereto.
DTCII means the Government of Newfoundland and Labrador Department of Tourism, Culture, Industry
and Innovation and department(s) subsequent thereto.
DTW means the Newfoundland and Labrador Department of Transportation and Works or
department(s) subsequent thereto.
DU means dwelling unit.
DWELLING means a building or part thereof occupied or capable of being occupied as a home or
residence by one or more persons.
DWELLING, MICRO means a detached building containing only one (1) dwelling unit with a
maximum footprint of 50.0m 2 (538.20ft2). Single unit, mobile, and mini home dwellings are
separate uses.
DWELLING, MINI HOME means any dwelling other than a mobile home dwelling t hat is
manufactured and designed to be transported as one (1) integral unit. A mini home dwelling has
a width of 4.27m (14.0ft) to 5.0m (16.4ft) (excluding eaves), a maximum length of 21.9m
(71.9ft), and a maximum building height of 4.4m (14.4ft).
DWELLING, MOBILE HOME means a dwelling unit that:
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a) Is manufactured to be towed on its own chassis and must be registered as a trailer
vehicle, pursuant to the Highway Traffic Act, RSNL 1990, c H-3, to be transported on a
highway street within Newfoundland and Labrador;
b) Is intended to be moved to a site in which power is connected, and may also be
connected to water and/or sanitary services;
c) May consist of one (1) or more parts that can be folded, collapsed, and/or telescoped for
towing or to be expanded for additional capacity or joined into one (1) integral unit;
d) Has a minimum floor area of 45.0m2 (484.4ft2);
e) Has a width between 3.7m (12.1ft) and 4.3m (14.1ft); and
f)
Excludes a travel trailer vehicle.
DWELLING, MULTI-UNIT means a building containing three (3) or more dwelling units on one (1)
lot.
DWELLING, ROW HOUSE DOUBLE means a building separated vertically by common walls
extending from the foundation to the roof into two (2) or more attached dwelling units. A
minimum of one (1) and a maximum of two (2) dwelling units shall be situated on separate lots.
Where two (2) dwelling units are situated on one (1) lot, units shall be separated horizontally.
Each dwelling unit must have access to an outdoor entrance that accesses the lot upon which it
is situated. See subsections C.10 and D.16.
DWELLING, ROW HOUSE SINGLE means a building separated vertically by common walls
extending from the foundation to the roof into two (2) or more attached dwelling units.
Dwelling units shall be aligned side-by-side and situated on separate lots. A maximum of one (1)
dwelling unit shall be located per lot, each having its own separate outdoor entrance. See
subsections C.10 and D.16.
DWELLING, SINGLE UNIT means a detached building containing only one (1) dwelling unit with
any main wall having a minimum length of 6.lm (20.0ft). Micro, mini home, and mobile home
dwellings are separate uses.
DWELLING,
DOUBLE
UNIT
means a building containing
only two (2) dwelling units on
one (1) lot. The dwelling units
may
be
separated
horizontally or vertically, as
shown
in
the
adjacent
diagram. A row house single
dwelling is a separate use.
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DWELLING UNIT means one (1) or more habitable rooms designed, occupied, or intended for the
exclusive use by one (1) or more persons as an independent and separate housekeeping unit in which a
kitchen, sleeping, and sanitary facilities are provided.
EASEMENT means a right to use land, most commonly for access to a lot or as a right-of-way for
utilities.
EDUCATIONAL USE means a college, university, vocational or trade school, public or private school, and
includes supportive amenities, facilities, and residential buildings for staff and students, if the buildings
are on the same lot as the place of instruction. An educational use may also include active and passive
park facilities such as, but is not limited to, sports fields, courts, walking and running tracks.
EQUESTRIAN FACILITY means a use where land, building, and structures are provided for the boarding
and training of horses and their riders and for the staging of equestrian events.
ENTERTAINMENT USE - INDOOR means a commercial use in a building which involves entertainment,
amusement, or relaxation including, but is not limited to, a theatre, arcade, indoor paintball,
amusement centre, pool or billiard hall. This use does not include adult establishment uses.
ENTERTAINMENT USE -
OUTDOOR means a commercial use outside a building which involves
entertainment, amusement, or relaxation including, but is not limited to, go-karts, outdoor paintball,
bumper boats, drive-in theatres. This use does not include adult establishment uses.
ENVIRONMENTAL INDUSTRY USE means the processing or remediation of contaminated materials
within a fully enclosed building including, but is not limited to, services related to environmental
management and clean-up.
EQUIPMENT SALES AND RENTAL -
HEAVY means a use where large construction or industrial
equipment and vehicles are rented and/or sold to the public, which may include terra forming vehicles
such as excavators, backhoes, and bulldozers, agricultural use, and forestry equipment and other
apparatus of similar size and function and includes maintenance activities.
EQUIPMENT SALES AND RENTAL -
LIGHT means a use where light residential, commercial, and
industrial equipment is rented and/or sold to the public and includes portable and/or mobile tools and
machines such as power tools, construction, trades, lawn and garden equipment, and other goods of
similar size and function. The use includes maintenance activities and all activities associated with the
use taking place within a building.
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19i cf1lllx1ESTABLISHED GRADE means,
lilbrador
a) where used in reference to a building, the average
elevation of the finished surface of the ground where it
meets the exterior or the front of that building exclusive
of any artificial embankment or entrenchment, or
b) where used in reference to a structure that is not a
building, the average elevation of the finished grade of
the ground immediately surrounding the structure,
exclusive of any artificial embankment or entrenchment.
a = h(qhest elevation
b = lowest elevation
c = established grade
FARMERS' MARKET means an establishment or premises where foods, wines, health and wellness
products, arts and crafts are sold by local vendors within buildings or from uncovered or open air areas
designated for individual retailers.
FENCE means a barrier, railing, or other upright structure, typically of wood or wire, enclosing an area
of ground to prevent or control access or escape, or to delineate property ownership.
FINISHED GRADE means the lot grade elevation of the finished ground surface immediately adjacent to
the foundation of a building, structure, or other site development feature.
FISHING means a use associated with the harvesting of flora or fauna from a watercourse or the ocean,
but does not include the manufacturing or processing of such products. This use may include outdoor
storage and/or warehouse/indoor storage uses.
t1ew~
,.l LOOR AREA means the total area of all floors in a building measured to the outside face of exterior
l.itlndor walls.
FOOD AND BEVERAGE PROCESSING FACILITY means a use where raw or partially processed ingredients
are transformed into other forms for consumption by humans or animals not on site including, but not
limited to, breweries and distilleries and may include the sale of products produced on site.
FORESTRY means a use where timber resources are managed, developed, or cultivated for the
production of wood and wood products, but does not include manufacturing or processing of such
products.
t1ewfo~c11at~iFRONTAGE means the horizontal distance between side lot lines measured at the building line.
l.itlndor
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FUNERAL HOME means a building designed for the purpose of furnishing funeral supplies and services
to the public and includes facilities intended for the preparation of the dead human body for
internment or cremation.
FUTURE LAND USE CLASS means an area of land designated on the Future Land Use Classes Map in
which the provisions of the Plan apply.
FUTURE LAND USE CLASSES MAP means 'Schedule A: Future Land Use Classes Map' of the Plan.
GAZITTE means the Newfoundland and Labrador Gazette. The Newfoundland and Labrador Gazette is
published weekly from the Office of the Queen's Printer.
GOLF COURSE means a use where a public or private area is operated for the purpose of playing golf
and may include accessory office, pro shop retail store, restaurant, banquet facilities, and driving range,
but does not include mini-golf.
GOVERNMENTAL USE means a municipal, provincial or federal governmental use. This use may include,
but is not limited to, service centres, offices, penal and correctional facilities.
GRAVEYARD means land primarily used for the internment of human or animal remains.
HOME BUSINESS means a commercial use that is an accessory use to a main residential use on a lot. A
home business is primarily carried out on the lot upon which it is located. See subsection C.3.
HOME INDUSTRY means a commercial use that is an accessory use to a main residential use on a lot. A
home industry is typically for the purposes of performing work at off-site locations, but may also include
other enterprises for the sale, storage, or maintenance of vehicles, machinery or equipment. See
subsection C.3.
HOSPITAL means a facility that provides long- and short-term medical and healthcare including
overnight stays, surgery, laboratory, and diagnostic services for treating human illness, disease, and
injury.
HOSTEL means a use where temporary accommodation is provided primarily to transients or individual
travellers for remuneration, and typically includes shared or dormitory/residence style rooms.
HOTEL/MOTEL/INN means a commercial use building providing temporary accommodations for
travellers or transients on a year-round basis, and may have a public dining room and convention room.
HUNTING/TRAPPING means a use associated with the hunting or trapping of fauna, but does not
include the manufacturing or processing of such products. This use typically includes outdoor storage
and/or warehouse/indoor storage uses.
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INDOOR RECREATIONAL FACILITY means a use within a building designed for athletic activities including
facilities such as aquatic centres, gymnasiums, skating rinks, and other similar uses. A recreational
facility- indoor may also include accessory uses such as a medical office, food service, personal service
shop, and childcare service within the building. Active and passive parks may also be accessory uses to
an indoor recreational facility.
INDUSTRIAL USE means the use of land, buildings, or structures for the manufacturing, processing,
fabricating, or assembly of raw materials or goods, warehousing, or bulk storage of goods. Industrial
uses are listed in the 'Industrial' use group-and where applicable, in subsidiary use divisions-in
'Appendix C: Use Category Table'.
INFILL DEVELOPMENT means the use of vacant property within a built-up area for further construction
or development.
INSTITUTIONAL USE means the use of land, buildings, or structures for religious, charitable, educational,
health, or welfare purposes. Institutional uses are listed in the 'Institutional' use group- and where
applicable, in subsidiary use divisions-in 'Appendix C: Use Category Table'.
INSTRUCTIONAL USE means a use where instruction or training in a specific skill or recreational activity,
art, or hobby is provided including dance, music, arts, crafts, and martial arts.
INTERPRETIVE CENTRE means an establishment to communicate the significance or meaning of an
area, feature, site, or settlement and its social, natural, cultural, or industrial heritage.
KENNEL means a building or structure used for the enclosure of more than four (4) dogs which are kept
for the purposes of commercial breeding or for commercial boarding.
LABORATORY means a use where goods, items, equipment, or substances are tested or analyzed.
LANDSCAPE MATERIAL SUPPLY means a use conducted primarily outdoors where precast concrete
products, pavers, stone, gravel, and other aggregates are stored and sold and may include the ancillary
sale or rental of related goods.
LANDSCAPING means lawn or ornamental shrubs, and may include paths, patios, walkways, fountains,
reflecting pools, art work, screens, walls, fences, benches and existing natural rock or treed areas, but
does not include driveways, vehicle ramps, lanes, parking facilities, or space beneath, within or on top
of a building.
LIBRARY means a use where a collection of materials are kept for reference or borrowing and may
provide computer use, instructional facilities, meeting rooms, and study areas.
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, ,oatAUP'NTWHf
LOADING SPACE means an area of land which is used for the temporary parking of a commercial vehicle
while merchandise or materials are being loaded or unloaded from the vehicles. A loading space is a
rectangular prism with a minimum length of 12.2m (40.0ft), width of 3.7m (12.1ft), and height (vertical
clearance) of 4.3m (14.1ft).
tiew~
ndlOT means a plot, tract or parcel of land which can be considered as a unit of land for a particular use
Landor or building.
tlew~Jic1iani OT, AREA means the total horizontal area within
Uilndor the lines of the lot.
LOT, BACK means a Jot, typically shaped like a flag,
which has a narrow access strip of land that
provides public street access to the bulk of the
property. The bulk of a back lot, or the
developable area, typically lies to the rear of
adjacent lot(s). See subsections A.2.2.17 and D.15.
LOT, CORNER means a lot situated at the
intersection of, and abutting on, two (2) or more
streets.
t1e1o~
n,,,1e1LOT, COVERAGE means the combined area of all
l.olll'lldor buildings on a lot measured at the level of the
lowest floor above the established grade and
expressed as a percentage of the total area of the
lot.
LOT,
DEPTH
means
the
horizontal distance
between the front and rear lot lines. Where these
Jot lines are not parallel, the lot depth shall be the
length of a line joining the mid-points of the front
and rear lot lines.
LOT, INTERIOR.means a Jot other than a corner Jot.
t1ew~
na,1e1 LOT, FRONTAGE see f ron toge.
Labrador
LOT, THROUGH means a lot bounded on two (2)
opposite sides by streets provided that if any Jot
qualifies as being both a corner lot and a through
lot as herein before defined, such lot shall be
deemed to be a corner lot for the purpose these
Plan and Regulations.
LOT, STREETAGE means the horizontal distance
between the side lot lines as measured along the
front lot line. In the case of a corner lot with a
daylighting triangle, the front and side lot lines
\ (\_ __ J _____
J_ __ _ J_
\ i-·-·--s~t-· -·) r · -
i Corner Lot
Corner Loe
\
\
. .
I
.
\:; 1--- ·- ·- ·- ·1
~ L .-
-
--
~
.. I
\
\
Through Loe
i a '
\
. --T.- --
-~
\
,
- -
I
-
\
\
I
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shall be deemed to extend to their hypothetical
point of intersection for the purpose of calculating
lot streetage.
LOT,
WIDTH
means the horizontal distance
between the side lot lines. Where these lot lines
are not parallel, the lot width shall be the length
of a line joining the mid-points of the side lot lines.
LOT LINE means the boundary or exterior line of a lot.
LOT LINE, FLANKAGE means, in the case of a
corner lot, the lot line abutting the street that is
not the front lot line.
LOT LINE, FRONT means:
a)
In the case of an interior lot, the lot line
dividing the lot from the street.
b)
In the case of a corner lot, the lot line
abutting the street upon which the
building or structure erected or to be
erected has its principal entrance or
feature shall be deemed the front lot
line. In the case of no principal entrance
or feature, the shorter lot line abutting
the street shall be deemed the front lot
line.
c)
In the case of a through lot, the lot line
abutting the street upon which the main
building or structure erected or to be
erected has its principal entrance or
feature shall be deemed the front lot
line.
d)
In the case of a lot that has a shoreline of
a lake or ocean or the bank of a river as
one (1) of its boundaries, the lot line
facing the access shall be deemed the
front lot line.
e)
In the case of a lot on a private access
that does not abut any street, the lot line
facing the principal entrance or feature
of the existing, or to be erected, building
or structure shall be deemed the front
lot line.
LOT LINE, SIDE means a lot line other than a front
or rear lot line.
I
I
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j_. -
· _j_
__.l.- . -- .
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LOT LINE, REAR means the lot line farthest from or
opposite to the front lot line.
LOT DRAINAGE AND GRADING PLAN means a drainage plan, stamped by a professional engineer or by
another professional qualified to do such work, providing for drainage and surface water management
which will not negatively impact drainage onto surrounding lot(s}.
MAIN BUILDING means the building designed or used for the principal use on the lot.
MAIN WALL means the exterior front, side, or rear wall of a building.
MANUFACTURING -
LIGHT means a use engaged in the manufacturing of a finished product,
predominantly from previously prepared materials and may include associated warehouse/indoor
storage, packaging, and sales.
MANUFACTURING -
HEAVY means a use engaged in the basic processing and manufacturing of
materials or products, predominantly from extracted or raw materials or manufacturing processes that
potentially involve an obnoxious emission of odour, smoke, dust, soot, dirt, noise, gas fumes, vibration,
water-carried waste, or other obnoxious emissions or refuse and may include associated
warehouse/indoor storage, packaging, and sales.
MARUUANA PRODUCTION FACILITY means a premises used for the growing, producing, testing,
destroying, storing, or distribution of marijuana for medical or recreational purposes. This use may also
include an on-site retail store as an accessory use.
MARINA means a dock or basin together with associated facilities where slips, moorings, supplies,
repairs, and other services that are typically available for boats and other watercraft, including
warehouse/indoor storage, sales, and rentals, together with a club house and catering services.
MDR means the Minister's Development Regulations, NLR 3/01.
MEDICAL CLINIC means a use where human health services are provided through diagnostic,
therapeutic, preventative, or rehabilitative treatment without overnight stays for patients. This use
includes dental, physiotherapy, chiropractic, or other similar uses.
MICRO-BREWERY means a use where the production and packaging of beverages of low alcoholic
content takes place and may include distribution, retail or wholesale, on or off the premises, with a
capacity of not more than 8000 hectolitres per year.
MINE means mine under the Mining Act, SNL 1999, c M-15.1. Mineral working and petroleum
extraction are separate uses.
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MINERAL means mineral under the Mineral Act, RSNL 1990, c M-12.
MINERAL EXPLORATION means development activities associated with the search of minerals or quarry
materials. Activities may include, but are not limited to, borehole drilling, trenching, and the
construction of trails. Petroleum exploration is a separate use. See subsection C.16.
MINERAL WORKING means land or buildings used for the working or extraction of quarry materials.
Working activities include, but are not limited to, quarrying, the manufacturing or recycling of concrete
or asphalt, or soil treatment. This use includes asphalt/ aggregate/concrete plant, but mine and
petroleum extraction are separate uses.
MINI AND/OR MOBILE HOME PARK means an area of land used for the development of mini or mobile
home dwellings. Dwellings are situated on individual pads on one (1) lot.
MINI STORAGE WAREHOUSE means a building containing at least three (3) self-storage units divided
from the floor to the ceiling, or roof, by a wall with an independent entrance to each unit.
MOBILE EDUCATIONAL/INSTRUCTIONAL USE means an educational or instructional use that is mobile
and temporary in nature, which may include, but is not limited to, fire safety and first aid training.
MUNICIPAL BOUNDARY means the boundaries of the Town, or Town limits, as established or altered
under subsection 3(1) of the Municipalities Act, 1999, SNL 1999, c M-24. See also Municipal Planning
Area.
MUNICIPAL PLANNING AREA means the area of the Town, as established or altered under section 11 of
the Act, in which the Plan and Regulations apply. See also Municipal Boundary.
MPA means Municipal Planning Area.
~
NON-CONFORMING USE means a legally existing use that is not listed as a permitted or discretionary
L.ilndol- use for the use zone in which it is located or which does not meet the development standards for that
use zone.
OFFICE means a room or group of rooms used for conducting the affairs of a business, profession,
service, industry, or government use including, but not limited to, data processing and storage
operations.
OPEN SPACE USE means a use dedicated for natural environmental features, water supply, park uses, or
interpretation uses. Open space uses are listed in the 'Open Space' use group- and where applicable, in
subsidiary use divisions-in 'Appendix C: Use Category Table' .
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OUTDOOR FURNACE means an outdoor solid-fuel-combustion appliance used as a heating source for a
building or a series of buildings.
OUTDOOR STORAGE means the storage of merchandise, goods, inventory, materials, or equipment or
other items outside a building on the same lot, but does not include a display court use.
11ewfo,t,118,JdOWNER means a person or an organization of persons owning or having the legal right to use the land
Labrador under consideration.
PARK -ACTIVE means an area for recreation that typically has skateboard parks, tennis courts, playing
fields, mini-golf, golf driving range and practice facility, or other equipment associated with it. This use
includes park- passive.
PARK- PASSIVE means areas of natural open space used for low intensity recreational activities such as
walking, cycling, nature study and interpretation.
PARK- PUBLIC means an active or passive park specifically set aside for recreational uses by the general
public.
PARKING FACILITY means any building, structure, landscaping feature, or any other feature integral to
the parking of vehicles. Parking requirements are outlined in subsection B.19.
PARKING FACILITY, BARRIER FREE SPACE means a rectangular space measuring no less than 2.6m
(8.5ft) by 5.8m {19.0ft) with an adjacent access aisle measuring no less than 2.0m (6.6ft) in
width, used for the parking of one (1) motor vehicle for persons with physical or sensory
disabilities.
PARKING FACILITY, COMMERCIAL LOT means a surface parking lot where parking spaces are
rented or leased, but does not include parking lots as accessory to a main use.
PARKING FACILITY, DRIVEWAY means that portion of a lot designed or intended to provide
vehicu lar access to the lot.
PARKING FACILITY, DRIVEWAY AISLE means the area within a parking lot designed or intended
for internal vehicular circulation providing direct access to a parking aisle, but does not provide
direct access to a parking space.
PARKING FACILITY, GARAGE means a building containing parking of motor vehicles.
PARKING FACILITY, INTERNAL AISLE means the area within a parking lot designed or intended for
internal vehicular circulation providing direct access to one (1) or more parking spaces, but does
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not include a portion of a driveway aisle. An internal aisle may contain one (1) or two (2)
directional lanes of travel.
PARKING FACILITY, LOT means an area of land for surface parking of motor vehicles.
PARKING FACILITY, SPACE means a barrier free space parking facility or a standard space parking
facility. This definition is also referred to as parking space throughout the Plan and Regulations.
PARKING FACILITY, STANDARD SPACE means a rectangular space measuring no less than 2.8m
(9.2ft) by 5.8m (19.0ft) used for the parking of one (1) motor vehicle. This definition is also
referred to as standard parking space throughout the Plan and Regulations.
PARTY WALL means a partition erected on a property boundary, partly on the land of one owner and
partly on the land of another, to provide common support to the building on both sides of the
boundary.
PAVED means the hardening or smoothing of a surface through the use of tar and gravel, asphaltic or
Portland cement, concrete or other similar substance, including bituminous penetration, but does not
include the use of clay, dirt, or slag.
11ew~
_,PERMITTED USE means a use that is listed within the permitted use classes set out in the use zone
Limdor tables of an authority's development regulations.
PERSONAL CARE HOME - INSTITUTIONAL means a 'personal care home' as defined under the Personal
Care Home Regulations, NLR 15/ 01 and regulated by the Health and Community Services Act, SNL 1995,
c. P-37.1, but contains 11 or more beds for residents. This definition excludes assisted living facility, any
public or private hospital, sanatorium, jail, prison, reformatory, or hostel.
PERSONAL CARE HOME - RESIDENTIAL means a 'personal care home' as defined under the Personal
Care Home Regulations, NLR 15/01 and regulated by the Health and Community Services Act, SNL 1995,
c. P-37.1, but contains a maximum of 10 beds for residents. This definition excludes assisted living
facility, any public or private hospital, sanatorium, jail, prison, reformatory, or hostel.
PERSONAL SERVICE SHOP - APPAREL means a use where clothes, footwear, or personal effects are
cleaned, altered, or repaired and may include the ancillary sale of products relating to the service
provided.
PERSONAL SERVICE SHOP -
APPEARANCE means a use where services are provided to alter the
appearance of hair, skin, or nails as well as for relaxation, massage, aromatherapy, and other similar
non-medical therapies and may include the ancillary sale of products related to the service provided.
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PET CARE SERVICES means a use where domestic animals are washed and groomed and may include
the ancillary sale of products related to the service provided, excluding exterior enclosures. Kennel is a
separate use.
PETROLEUM means petroleum as defined under the Petroleum and Natural Gas Act, RSN 1970, c 294.
PETROLEUM EXPLORATION means development activities associated with the search of petroleum.
Activities may include, but are not limited to, borehole drilling, trenching, and the construction of trails.
Mineral exploration is a separate use. See subsection C.16.
PETROLEUM EXTRACTION means land or buildings used for the extraction of petroleum. Mining and
mineral working are separate uses.
PHILANTHROPIC USE means the use of land, buildings, or structures for the purpose of promoting
charitable, benevolent, or educational objectives, but does not include a commercial use.
PLACE OF WORSHIP means a use where people gather for religious or spiritual purposes and may
include rooms for childcare, social, administrative, or food preparation functions. A place of worship
may also include a graveyard as an accessory use.
PLAN means the 'Town of Port au Port West- Aguathuna- Felix Cove - Municipal Plan (2019- 29).'
POLICY means a general statement of intent of Council.
PORTABLE GARAGE means a collapsible structure covered with plastic or fabric used for the purpose of
temporarily storing vehicles and/or the covering of driveways.
PRINTING CENTRE means a use where copies are made of graphic or printed material or where film and
digital images are processed and may include the ancillary sale of products related to the service
provided.
PRIVATE ACCESS means a road right-of-way that provides access to a lot and has not been vested in the
Town or OTW.
PRIVATE WIND ENERGY SYSTEM means a small-scale wind turbine generator that is subordinate and
incidental to the main use on the lot and does not produce any net revenue from its operation. See
subsection C.5.
PROCESSING PLANT means the use of buildings or lands that accommodates a series of operations,
usually a continuous and regular action or succession of actions taking place or carried on in a definite
manner. Processing plant does not include uses specifically listed elsewhere in these Regulations.
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PROFESSIONAL means an individual who is a member of a professional association and is licensed,
registered, or otherwise certified to practice in the Province of Newfoundland and Labrador.
11e,,~ldPROHIBITED USE means a use that is not listed in a use zone within the permitted use classes or
1.m<1or discretionary use classes or a use that an authority specifies as not permitted within a use zone.
-
PROPOSAL means a statement of Council outlining specific and tangible measures to satisfy or
implement a policy.
PUBLIC EXHIBITION GROUNDS means the use of land or building on a seasonal or temporary basis for
entertainment, display, performance, market, auction, fairs, horse racing, or other similar community
events.
PUBLIC UTILITIES mean uses where energy and electricity, water, storm-water or sanitary sewage
systems, or cable, telephone and telecommunication services are provided for public consumption,
benefit, or use. This use need not be provided directly by a governmental organization. Private wind
energy system is a separate use.
PUBLISHING FACILITY means a use where copies of graphic, digital, or printed materials are made and
bound and includes area for storage of supplies, packaging, and shipping. This use includes large-scale
facilities such a newspaper, magazine, and book publishing operations. Printing centre is a separate use.
QUARRY MATERIAL means quarry material defined under the Quarry Materials Act, 1998, SNL 1998, c
Q-1.1.
QUEUEING LANE means a lane used for a drive-thru facility and is entirely contained on the lot in which
services are provided. A queueing lane has a minimum width of 3.0m and accommodates motor
vehicles for travel and queueing spaces.
QUEUEING SPACE means a rectangular space with a minimum length of 6.0m and is used for the
queueing of motor vehicles at drive-thru facilities.
RACE TRACK means a use where animals and non-motorized vehicles are in competition against each
other or against time and includes seating for spectators.
~
REAR YARD DEPTH means the distance between the rear lot line and the rear wall of the main building
1.m<1or on a lot.
RECYCLING DEPOT means a use where bottles, cans, or other drink containers are taken for
reimbursement of the containers deposit and/or where other recyclable materials are taken for salvage
or processing off-site. Activities associated with this use primarily take place inside the building with
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some external drop-off, storage, and shipping activity. This use may also include automated recycling
drop-off centres in which workers may not be regularly on-site.
RECYCLING FACILITY means a use where discarded items are received, sorted, and broken down into
components for removal from the site.
REGULATIONS means the 'Town of Port au Port West - Aguathuna - Felix Cove -
Development
Regulations (2019- 29).'
RESEARCH AND DEVELOPMENT means the use of land, buildings, or structures for research, invention,
design, engineering, the testing of products, processes, software or a combination of them, and
manufacturing or processing related to the use.
RESIDENTIAL USE means a use for permanent residence, or seasonal residence, which typically
encompasses dwelling units. Residential uses are listed in the 'Residential' use group-and where
applicable, in subsidiary use divisions-in 'Appendix C: Use Category Table'.
RESOURCE USE means a use directly related to the extraction or harvesting of a renewable or non-
renewable resource. This use group may also include exploratory development activities such as, but
not limited to, the search for minerals, quarry materials, or archaeological/historical resources.
Resource uses are listed in the 'Resource' use group-and where applicable, in subsidiary use divisions
-in 'Appendix C: Use Category Table'.
RESTAURANT means a use where food is prepared and sold for consumption on the premises and may
include ancillary entertainment and the sale of food for consumption off the premises. This use may
hold a liquor license under the Liquor Control Act, RSNL 1990, c L-18. Bar/pub/ night club is a separate
use.
RETAIL STORE means a building or part thereof in which goods, wares, merchandise, substances,
articles, or things are offered for sale directly to the public, and may include minor food processing and
packaging in connection with the sale of food products. Automotive establishment uses, adult
establishment uses, landscape material supply, retail warehouse, restaurant, and nursery are separate
uses.
RETAIL WAREHOUSE means a use where a limited range of large bulky goods requiring a large floor
area for direct display are sold to the public and include such items as furniture, major appliances,
building materials, and floor coverings.
SAFETY EMERGENCY SERVICES means a use where police, fire, medical, or any other emergency service
is provided.
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,oa,QNITWUT
SCRAP YARD means the use of land, buildings, or structures for the storing, wrecking, dismantling,
refurbishing or handling of goods, machinery and vehicles, and their retail sale, and may include a
recycling depot or outdoor storage.
SCREENING means the total or partial concealment of a building, equipment, structure, or activity by a
berm, fence, vegetation, or wall.
SEASONAL RESIDENCE means discontinuous habitation whereby a vehicle, building or portion thereof is
primarily used for recreational purposes by users. Seasonal residence implies that said users occupy a
dwelling separate from the place of seasonal residence. In the case of cottage uses, seasonal residence
may also entail per-night rental of individual units.
SERVICE AND REPAIR - HOUSEHOLD means a use where household items such as furniture, electronic
equipment, or appliances are repaired or serviced and may include the ancillary sale of products
associated with the service provided.
SERVICE AND REPAIR - INDUSTRIAL means a use where industrial equipment, machines, or goods, not
including motor vehicles, are repaired and serviced or maintained either indoors or outdoors and may
include the ancillary sale of products associated with the service provided.
SERVICE AND REPAIR - SMALL ENGINE means a use that involves the maintenance and repair of low-
power internal combustion engines (gasoline/petrol) or electric engines. Equipment repaired includes,
but is not limited to, chainsaws, trimmers, leaf blowers, snowblowers, lawnmowers, wood chippers,
snowmobiles, All Terrain Vehicles (ATVs), motorcycles and scooters. Automotive establishment, service -
small and large are separate uses.
SERVICE CENTRE means a use where services or information is provided to the public without an
appointment, typically over-counter on a first-come-first-serve basis.
SETBACK means the minimum required horizontal distance between two (2) features, which may
include, but is not limited to, lot lines, structures, buildings, and natural features. In the case of a
setback from a building, and unless otherwise specified in the Plan or Regulations, the nearest point is
taken from the foundation or exterior wall, whichever is the lesser. In the case of a setback from an
existing use, the nearest point is taken from the nearest lot line of the property containing the existing,
main use.
SHIPPING TERMINAL means land primarily used for the transhipment of cargo containers.
SHIPYARD means land primarily used for the service and repair of boats and ships.
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SIDE YARD DEPTH means the distance between the side lot line and the nearest side wall of a building
landor on the lot. ~·
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t1ewf~-~cn.,lllSIGN means a word, letter, model, placard, board, device or representation, whether illuminated or not,
Lalndor in the nature of or employed wholly or in part for the purpose of advertisement, announcement or
direction and excludes those things employed wholly as a memorial, advertisements of local
government, utilities and boarding or similar structures used for the display of advertisements. [See
subsection C.2. Sign uses are listed in the 'Sign' use group-and where applicable, in subsidiary use
divisions-in 'Appendix C: Use Category Table'.]
~.
SIGN, AREA means the area of message
display on the sign face, but does not
include any
structural
elements lying
outside the limits of the sign that do not
form an integral part of the message
display of the sign. In the case of a double-
or multi-sided sign, sign area is taken from
one (1) face only.
SIGN,
BILLBOARD
means
any
sign
supported independently of a building and
permanently fixed to the ground with a
sign area greater than 12m2 (129ft2).
Ground sign is a separate use.
SIGN, CANOPY means a sign that is part of
or attached to an awning, canopy or other
fabric, plastic, or structural protective cover
over a door, entrance, window, or outdoor
service area.
SIGN,
ELECTRONIC
MESSAGE
BOARD
means any sign that uses changing lights or
electronic media to form a sign message or
messages
wherein
the
sequence
of
messages and the rate of change is
electronically programmed and can be
modified by electronic process.
SIGN, FACIAL WALL means a sign that is
attached directly to or painted upon a
building
wall,
and
does
not extend
therefrom nor extend above the roof line.
SIGN, GROUND means any sign supported
independently
of
a
building
and
permanently fixed to the ground with a
sign area of not more than 12m2 (129ft2).
Billboard sign is a separate use.
GROOMl
SIGN
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SIGN, INSTALLATION means to construct,
erect, or place a sign that did not
previously exist in the location of the
proposed development; or the significant
alteration of an existing sign including, but
is not limited to, changes to structural
features, wiring, or illumination.
SIGN, PORTABLE means any sign that is
specifically designed or intended to be
readily moved from one (1) location to
another and which does not rely on a
building
or fixed
foundation
for
its
structural support. This definition includes
sandwich board sign.
SIGN, PROJECTING WALL means a sign that
is wholly or partially dependent upon a
building for support and which projects
more than 0.3m (1.0ft) beyond said
building.
SIGN, RE-FACING excludes sign installation
and relates to the changing or updating of
messages displayed on an existing sign
face.
SIGN, ROOF means any sign erected upon,
against, or directly above a roof, or on top
of, or above the parapet of a building.
SIGN, SANDWICH BOARD means a two-
sided A-frame style self-supporting sign
which is not permanently affixed to the
ground and designed to be movable.
SITE PLAN means a drawing submitted by an applicant showing proposed changes to lands, which
typically focuses on a development proposal. The site plan illustrates existing features and proposed
changes to lands. A Delegated Employee assesses a site plan, and edits thereto, to ensure that any
proposed changes to lands are in conformity with the Plan and Regulations. See subsection .!Ll,,.
SOCIAL ORGANIZATION means a use where members of a club, group, or organization meet to
participate in recreational, educational, social, political, or cultural activities and may include the
preparation of food, seating areas, and meeting rooms. Adult establishment uses and entertainment
uses are separate uses.
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SPECIAL FUNCTION TENT means a use where a temporary collapsible shelter is erected on a lot for a
social, cultural, recreational, educational, or entertainment event for a maximum of 14 days and may
include the sale and consumption of food and alcohol on the premises.
SPECIFIED ANATOMICAL AREAS means any of the following:
a) Less than completely and opaquely covered human genitals, pubic region, buttocks, or female
breasts below a point immediately above the top of the areola; or
b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES means any lawful sexual activities including:
a) Causing human genitals to be in a state of sexual stimulation or arousal; or
b) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.
STATEMENT OF COMPLIANCE FOR USE AND DEVELOPMENT means a written letter indicating the
(non)conformity of the existing use, and any associated development of the lot, with the Plan and
Regulations. See subsection A.2.1.9.
STATEMENT OF ZONING FOR PROPERTY means a written letter indicating the zoning of a lot. If
requested by the Applicant, the letter may also include details on whether or not a proposed use is
permitted, discretionary, or prohibited. See subsection A.2.1.8.
STEEP SLOPES means lands in their natural state that have a slope angle of 20% or greater for a
minimum horizontal distance of 10.0m (32.8ft).
STOREY means the portion of a building which is situated between the top of a floor and the top of the
next floor above it, and if there is no floor above it, the portion between the top of such floor and the
ceiling above it.
Newfo,~dla-~,STREET means a street, road, highway or other way designed for the passage of vehicles and
Lobrodor pedestrians and which is accessible by fire department and other emergency vehicles.
STREET, ARTERIAL means a public street designed for high traffic volumes and serves to move
traffic across Town and/or between highway streets.
STREET, COLLECTOR means a public street designed for low-to-moderate traffic volumes and
serves to move traffic between local streets and arterial streets.
STREET, HIGHWAY means public streets vested in DTW, which traverses through the Town and
are limited to the following: the Front Road/ Felix Cove Road (Route #460), Main Road (Route
#460-13), and Father Joy's Road (Route #460-14).
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Mew~STREET, LINE means the edge of a street reservation as defined by the authority having
Libnidoo- jurisdiction.
STREET, LOCAL means a public street designed for low traffic volumes and serves to facilitate
traffic flow around local neighbourhoods.
STREET, PUBLIC means a street vested in the Town or OTW.
STREET, RESERVATION means the whole and entire right-of-way or road allowance of a public
street.
STRUCTURE means anything that is erected, built, or constructed of parts joined together.
STRUCTURE LINE SETBACK means a line established by Council that runs parallel to a street line and is
set at the closest point to a street that a structure may be placed. See also building line setback and
subsection B.11.
SUBDIVISION means the alteration of legal property boundaries and includes, but is not limited to, the
realignment of existing boundaries, consolidation of existing lots, or the creation of new lots. See
'Section D: Subdivision' in the Regulations.
SWIMMING POOL means a tank or body of water which is intended to be used for swimming and which
has a possible maximum depth greater than l.Om (3.3ft), but does not include a watercourse.
TOWN means the Town of Port au Port West- Aguathuna- Felix Cove.
TRANSPORTATION USE means a use of land, buildings, or structures to support transportation services
and infrastructure. Transportation uses are listed in the 'Transportation' use group-and where
applicable, in subsidiary use divisions-in 'Appendix C: Use Category Table'.
TRANSPORTATION HUB means a use of land, buildings, or structures as a primarily point of arrival and
departure for travellers including, but not limited to, docks, ports, airports, train or bus terminals.
Dispatch service is a separate uses.
~
USE means a building or activity situated on a lot or a development permitted on a lot.
Litbran
tli!w~ USE, ACCESSORY see accessory use.
l.i,lndor
tii!w~td USE, DISCRETIONARY see discretionary use.
l.4mK1or
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USE, MAIN means a permitted or discretionary use. A main use is the primary purpose for which
a lot, building, or dwelling is used.
11ew~~
USE, NON-CONFORMING see non-conforming use.
Lilhrodor
tlewfl?t~
USE, PERMITTED see permitted use.
~
11ewfo!11m1 USE, PROHIBITED see prohibited use.
11,lndor
USE CATEGORY TABLE means the table outlined in 'Appendix C: Use Category Table'.
USE DIVISION is a category of uses which includes more specific uses, but must be a part of a use group.
Please refer to 'Appendix C: Use Category Table' for the detailed organization of uses.
USE GROUP is the broadest category of uses which includes more specific uses and may include use
divisions. Please refer to 'Appendix C: Use Category Table' for the detailed organization of uses.
11ew~
,M1USE ZONE or zone means an area of land including buildings and water designated on the Zoning Map
Liolndor to w hich the uses, standards and conditions of a particular use zone table apply.
USE ZONE TABLE means the table in each use zone under subsection 'E.2 Use Zone Regulations' in the
Regulations. The use zone table includes specific permitted, discretionary, and prohibited uses. These
uses may be indirectly referenced through use groups and divisions.
UTILITY USE means the use of land, buildings, or structures for private or public services relating to, but
not limited to, the provision of power, water, waste, communications, access and street infrastructure.
Utility uses are listed in the 'Utility' use group group-and where applicable, in subsidiary use divisions
- in 'Appendix C: Use Category Table'.
lie,,.~ JlmtVARIANCE means a departure, to a maximum of 10% from the yard, area, lot coverage, setback, size,
l.iiln<1or height, frontage or any other numeric requirement of the applicable use zone table of the authority's
regulations.
VEHICLE means a vehicle as defined under the Highway Traffic Act, RSNL 1990, c H-3.
VEHICLE, COMMERCIAL MOTOR means a commercial motor vehicle defined under the Highway
Traffic Act, RSNL 1990, c H-3.
VEHICLE, MOTOR means a motor vehicle as defined under the Highway Traffic Act, RSN L 1990, c
H-3.
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VEHICLE, MOTOR HOME means a motor vehicle intended for seasonal residence, which includes
provisions for sleeping, and kitchen or sanitary facilities. A motor home vehicle and can be
regularly transported and must be registered under the Highway Traffic Act, RSNL 1990, c H-3 as
a 'passenger vehicle' in order to operate on a highway within Newfoundland and Labrador.
VEHICLE, SALVAGE means a salvage vehicle defined under the Highway Traffic Act, RSNL 1990, c
H-3.
VEHICLE, TRAILER means a trailer as defined in the Highway Traffic Act, RSNL 1990, c H-3.
VEHICLE, TRAVEL TRAILER means a trailer vehicle intended for seasonal residence, which
includes provisions for sleeping, and kitchen or sanitary facilities. A travel trailer can be regularly
transported, but must be towed either by a motor vehicle or a truck tractor (fifth wheel). A
travel trailer must be registered pursuant to the Highway Traffic Act, RSNL 1990, c H-3 as a
trailer vehicle in order to operate on a highway within Newfoundland and Labrador. A travel
trailer has a maximum width of 2.6m (8.53ft) and a maximum length of 8.Sm (27.9ft). Mobile
home dwelling is a separate use.
VEHICLE, TRUCK means truck defined under the Highway Traffic Act, RSNL 1990, c H-3.
VEHICLE, TRUCK TRACTOR means a truck tractor defined under the Highway Traffic Act, RSNL
1990, c H-3.
VEHICLE, TRUCK-MOUNTED CAMPER means a component that is designed to mount on the
storage compartment of a pickup truck, is intended for seasonal residence, can be regularly
transported, and includes provisions for sleeping, and kitchen or sanitary facilities. The
component may be dismounted from the pickup truck and used for temporary accommodations
and living. A truck-mounted camper need not be independently registered pursuant to the
Highway Traffic Act, RSNL 1990, c H-3 as a vehicle in order to be transported on a highway
within Newfoundland and Labrador.
VENDING FACILITY means a readily movable building, structure, or vehicle where produce or goods are
offered or kept for sale, primarily on a temporary or seasonal basis, including, but is not limited to, food
or retail booths. A vending facility includes a 'mobile preparation premises' under the Food Premises
Regulations, CNLR 1022/96.
VETERINARY CLINIC means a facility for the medical care and treatment of animals, including provision
for their overnight accommodation, but does not include outdoor facilities such as kennels, pen runs,
and enclosures.
WAREHOUSE/INDOOR STORAGE means a building used primarily for the storage of goods and
materials. ~.
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---
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 121 of 132
WASTE DISPOSAL FACILITY means a use where garbage and waste is collected, stored, and/or treated
permanently in open or covered pits or temporarily indoors or outdoors for further processing or
treatment off-site and may include administrative functions associated with the use.
WASTEWATER TREATMENT FACILITY means a use where wastewater is collected, treated, and disposed
of.
WATER SUPPLY means a designated area containing surface water or groundwater that was previously,
is currently, or will be a source for potable water in the Town.
WATERCOURSE means the full width and length, including the bed, banks, sides and shoreline, or any
part, of a river, creek, stream, spring, brook, lake, pond, reservoir, canal, ditch or other natural or
artificial channel open to the atmosphere, the primary function of which is the conveyance or
containment of water whether the flow be continuous or not.
WHOLESALE STORE means buildings or structures in which commodities are offered for sale in bulk,
primarily for resale or business use.
YARD means an open, uncovered space on a lot appurtenant to a building, except a court bounded on
two (2) or more sides by buildings. Yards are represented as rounded solid lines in the adjacent
diagram.
YARD, DAYLIGHTING means the area within
the 'Required Yard Setback', represented as
A in the daylighting triangle definition
diagram.
YARD, FRONT means a yard extending across
the full width of a lat between the front lot
line and the nearest main wa/1 of the main
building on a Jot.
Newti?<~
oo YARD, REAR see rear yard depth.
Liibrador
YARD,
REQUIRED
means the minimum
permissible breadth of any yard determined
in extent from the applicable lot line to a line
specified
within
the
given
zone
requirements.
Required
yards
are
represented as dotted lines in the adjacent
diagram.
NewRJ~ <Da--IYARD, SIDE see side yard depth.
lib-odor
~\
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Town of Port au Port West-Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 122 of 132
ZONE see use zone.
tw~ZONING MAP means the map or maps attached to and forming a part of the authority's regulations.
Laindor [See 'Schedule A: Land Use Zones Map'.]
~.
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Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29}
Page 123 of 132
Appendix C: Use Category Table
The following use category table categorizes individual uses into broad use groups and, where
applicable, associated use divisions. Due to the nature of certain uses, some fall into multiple
categories. Please refer to 'Appendix B: Definitions' for terms in the 'Uses (Defined)' category. The
'Examples (Undefined)' category is for user convenience only. Where t here is conflict between the
examples, and uses and their respective definitions, the latter shall prevail.
Use Grou
Use Division
Uses Defined
Exam les Undefined)
gricultu ra 1.............
..Jla rge. Scale ························-········~battoi r ......................................... pla.ughterhouse ........................................................................................ .
gricultural
!Large Scale
Fommercial
!Poultry and Hog Farms, Rabbit and Fur Farms,
·· ·········-·················································_..:·························································· ....... : ............................................................. Preen houses, .Tree .. Nu.rseries ................................................... .
~------···········:Large. Scale ................................. !F.E:~.~ .. r-✓.1 .i.11 ....................................... KN/ Al .. ··········································-··············--·······································-·-·········
gricultural ................................ Jaq~e_Scale ................................... JResearch .. Farm ........... JN/AJ.... .......................................................... ................................................... .
gricultural ............................... )Sma.11.Scale ............................. .JBackyard .Poultry Coop .. ~N/AJ.... ................................................................................................................. .
gricultural
....... ............... :Small.Scale ...................... -·-······~ommunity .. Garden ......... J N/Al
........................................................................... .
gricultural
: mall Scale
!Hobby Garden
;Backyard Vegetable Garden, Backyard Flower
........................................................... L .................... ........................... ~a rden .............................. ...................... .
Small Scale
Personal
{N/A)
Commercial
l(N/Al
[Communication Use
iRadio Station, TV Station, Call Centre,
.................................................................. ,........................ ---············; .............................................................. ..:Telecommunications .. Establishment ................................ .
Commercia.1 ......................... ...J(N/Al
___ :Drive-Thru
[Restaurant Drive-Thru, Bank Drive-Thru
Commercia.1 .............................. ..i(N/Al
················ -·················rH·o·~~···B~·;i~~·;·;··············· ..... ..J(N/Al .............................. ·-·················· .... -.................. _ ........ ······························
.<;:.CJ.1!.1.r.r1.~.r.S,ii3.J............
!(N/Al
:Home Industry
:(N/Al
................................................................... .
Commercial
!(N/A)
! Manufacturing - Light !coffee Roasting, Furniture Manufacturing,
.................... : ........................................ _ .................... .J.Electronics.Assembly···············
........................... .
Commercial
l(N/A)
iMini Storage
i(N/A)
................................................................... , .................................................................. :,warehouse
·································· ····+······ .. ··················································-·······---······················"··················
Commercial
:(N/A)
:Office
(Government Offices, Business Offices
~~~~:.~~::·:::······························1·)·~·~~r··::::::::::::::::::::::::::::::::::::::::::::::::1~;~~~~
1;~Fg~~~~~~··;~~;····-,·~·~~~·i·····::::::::::::-··················::::::~::::::::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
.com.mercia.1
.............................. 1
(N/ Al ............................................... ) Vending Facil itY .................... JFood or Reta i I Booth. or _vehicle ........................................... .
Commercial
j(N/Al
[Warehouse/Indoor
:Warehouse, Shed, Detached Garage, Baby
.... ... ...................... ........ . . ...... .
... L ................................................... ..J?.~<?.r.<3.&.~ ..................................... ..:.~a..r.r.i ......... ............................................................ .................... .......... .
. <;:or:r.i.mercia.1 .......................... ....:Adult.Establishment ...... ...lCabaret ..................................... J N/Al .................................................... ----··············--····--·······
Commercial
:Adult Establishment
[Escort Service
!(N/Al
:¢.9.iri:~:~:~~ia.T.. ....................... .JAdult.Esta.blishment ...... ..J.Massage _Parlou.r ................ .J(N/Al .................................................................................................................... .
. <;:<?.l!.1.r:i]~_r.S,ial
(Adult Establishment
[Retail Outlet
/(N/Al
.commercia.1··-···························!Adu.1t.Esta.blishment ..... ..Jstudio.................. . .... j (N/Al ........................................ · ......... ·.··· ... ··.··········· ........ ............ ........ .......... .
<;:gr:r.i.r.ri.~.r.S.i.a..1.......... . .. ... . j ('d u It Esta b.liS.h..l!.1.~.r.1~... ..J!..h..E:a..t.r.~. . ................................ ..i ( N/ Al........................................
. ......................................................... .
Commercial
!Automotive
!Body and Paint
i(N/Al
---··························:Establishment, .......................... ; ................................................................ ;......................................................
. .................... .
[Automotive
!Dealership - Large
:Tractor Trailer Dealership, Farm Vehicle
!Establishment
I Dealership
Commercial
·········································---··························································-··-······· ··-········--····-···-················ ····················································-························ ·······--··--··············-·············································
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 124 of 132
.......................................................................................
Commercial
!Automotive
··
!Dealership-Seasonal !RV Dealership, Snowmobile and ATV
·····················
....................................................... ...J.Establishment
..............................
. ............................... !.Dea.lershiP........
. .................... .
Commercial
!Automotive
j Dealership - Small
i,Car and Truck Dealership
!Establishment
.
. ~::.::.~~.i:·l································i:~t:ob~::~:nt..........
. ... i~:~ .. ~.~~~.:.~
...............
j(N/A)
.................................................................... .
Co~::.~:i:·l··························-····1·:~t:ob~::~:nt ··-·····-···--·······j·~:.:~.~.I._ ............................................ :.'.~.~.~.) ... ---················································· ·----·······
Commercial
!Automotive
:Service - Large
:Safety Check/ Oil Change Service Garage (~3
.... ..................................................... ...1~.s.t.~~.li.s..~0:1.~r:i.~ ..... ............... -.1.. ........................................................ is..a.v..s.L ___ ..... _ ................................................................................. .
Commercial
]Automotive
]Service - Small
[Safety Check/ Oil Change Service Garage (s2
____ .............. J Establishmen.t.....
. ... J. ................................... ·-······ .. ·· .. ·····i·Bays) .................
. ............................
..................................... .
Commercial
:Automotive
:Storage
:(N/A)
................................................................. JEstab.lishment..
. ........ :.......................................
!
............. -................. ·-----·······-··················
~::.: .: .~~.i:·I·················· ........... 1:~t:ob~::~:nt
............. :~°..:.i~.~ .. ~:.:i.~.~ ...................... J.~.~.~-1 ......................................... .............................................................. .
Commercial
!Automotive
jwash
!Automated Vehicle Wash, Manual Vehicle
..................... ! Esta b.1 ishment ......................... : .................................................................. :Wash .. Bays ...... ······································-···················································· ..
. ~9.r:r.i.~ercia I
......... ..L~.<?.9.~ .. ?..r.'.9 ... ~_e.Y.~.r.?..S.~ ........... .LB.?.El..~.u.Y~.i.ght Club
1.!.~l~L ................... .
Com.mercial ........................... J.Food.a.nd .. Beverage...
ate.ring Service ................... :(N/Al ............................ ................ __ ............................................ ........... .
Commercia.1.......
JFood .. and .. Beverage ............ ; ...... icro-Brewerv...... .
j (N/Al ........................................... ............................................................ .... .
Commercial
:Food and Beverage
:Restaurant
:Diner, Fast Food Restaurant, Take-Away
:
:
!Restaurant
···············-····························· .. ··················i---·· .. ····-··················································j················································--+· _______ .,, .............................................................................. .
Commercial
!Indoor
!Bed and Breakfast/
!(N/A)
............................................................... !Accommodation
j Tourist .Home
.. : .................................................................................................................. .
Commercial
!Indoor
!Hostel
j(N/A)
............................................................. !Accommodation .................... · ................................................................ ; ............................................................................................................................... .
Commercial
!Indoor
!Hotel/Motel/Inn
j(N/A)
.............................................................. ..JAccommoc:!.a..~9..r:1 .................... 1........................
------······················
.................................. - ............... .
Commercial
! Indoor Recreation
j Entertainment Use -
jTheatre, Arcade, Pool or Billiard Hall
:Indoor
·com.me·~~ia·i···············
i1ndoor Recreation
········1·~e}~t~·tion·ai::~~~:'.ji~~ .. ~
..... 1~.~~.~.:.:.~:.:~.~~: . ~.~.=·~·:~.'.~
.. :: .
~~:~ .. ~.~ Rink
·2~~~:~~::: ................ 1-:~·~·~~·~··::·i!ii·························· .. ··!:~~~po~e~~·~:r-e;··a·n·i
··· .. l·t{~~a·~e··store, Ga rde·n.ini.st~·~e .................................... .
............................................................... ! ................................................................ !.Renta.1. - .Light .......................... .! ................................................................................................................................... .
Commercial
!Indoor Retail
)Retail Store
\Grocery Store, Convenience Store, Clothing
...................................
. .................... L........................ .........
. .... , ........................ . ......... ............. .!store ...................... ............................ ........................................................ .
Commercia.1 ................................ [lndoor .. Retail ................... ....... .Jwholesale.Store ................. ..JWholesale.Grocery.Store
........................ .
Commercial
!Outdoor
jCampground
!(N/A)
.................................................................. !Accommodation...........
·+·········-········-·..................
. ............ ; ................ ..................................... ---······················ .. ·············· .............. .
Commercial
jOutdoor
:Cottage
1,.(N/A)
:Accommodation
:
!outdoor
!cottage _::·iesort .............. ··1fr.j"JAi' ..................................................................... ............. .
)Accommodation
:Cluster
ioutdoor Recreation
!Entertainment Use -
jGo-karts, Outdoor Pai"~tb.ai(··B·~·m-;,e·~ .. Boats:···········
Commercial
Commercial
!
[Outdoor
\Drive-in Theatre
:¢.2r.ii:~~:~~~:a.L:·········-··-···· .. ·········1O~·tct.oo~::R·e~~~ation ... ·· .... TEg.~e·st'~i·a·n--i=a·c·ii·i·tv···············1·,·NiA·i······· .·············:::::::::::::::::::::::··::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 125 of 132
--------·- .. ··-····-·····
i-:C;.:;o_m..;.m
__ e.;;_r..;;.c..;;.ia_l ____ !Outdoor .. Recreatio~:····rGoit'"co·~·~se·
..
!9- or 18-Hole Golf Cours.;:.;es:;___ ______ ___,
:Outdoor Recreation
!Public Exhibition
jAmusement Park, Fair Grounds
Commercial
i
G
d
···············································-······-·-·····-' ............. ·············-·······-········-······· ·········! rou.n s .......................................... 1 ___ ......................................................................................................... .
Commercial
Outdoor Recreation
iRace Track
i(N/A)
.~.'?.~.'!1.~.r.<=.i.a.1 .............................. _()utdoor .B.~.~a..il.................... iAuction .. Faci litv ..... ................ Jveh icle .Auction, .. Livestock .Auction ............................... ·.·
Commercial
Outdoor Retail
!Display Court
!Garden Centre, Outdoor Vehicle Display,
,
:outdoor Equipment Display
:Display Court- Model i(N/A)
·-···· ··············--------'
:outdoor Retail
Commercial
_______ !Home ____ _
Commercial
!outdoor Retail
!Farmers' Market
···· {""N/A)·························· ·······
Co~~e~cia·i····················· ........ .Joutdoor .. Retaff··················· .. rRe·taii .. warehouse··· .. ······· .... Furniture .. a.~d .. A.pp.ii·a~·ce.Store, .. Flooring Store .... .
Commercia.1 .............................. JParking ···········································iCom.me.rcia.l .. Lot ..................... (N/Al ................................................................................................................ .
. ~9.~ .'!1.~.r.<=.ia..1
........... .................. !Parking ·················---··.: Garai:;e ···---············· ( N/ Al ................................................................................................................... .
Commercial
:Service
:Craft Workshop
Craft Workshop, Pottery Workshop,
·-··--···----____ ,Woodworking.Workshop
....................... .
;Dispatch Service
\Taxi Service, Limousine Service, Courier
Commercial
jService
:service
·co~·~e·~cia°i""··········-··················1·s·e°r; ice····· ·································· j Dry Cleaning/ Laundry i (
N/ A) ---.......... ········ ·····-············
··························-----··!································································.istore .......................................... .1... ...................................................................................... ··········· ··························
Commercial
:Service
I Personal Service Shop :Shoe Repair Shop, Tailor Shop, Seamstress
1
!-Apparel
1Shop
Commercial
··········:se~ice······································· 1Personal Service Shop !Nail Shop, Hair Salon, Barber Shop:·Tattoo·············
.............. ····--· ·---- -·- ·-------- [-A..P.P.~.a.i<:3.!].<=.~............ .. .... l~a.rlour, Piercing . .?.ho_o,.__ ________
1
Commercial ................................ !Service ......................................... 1.Prin.ting Centre .................. .J(N/Al .... ·-----······································································
Commercial
!Service
:Service and Repair -
:TV and Stereo Repair Store, Furniture Repair
..................................................... .......... .i ................................................................. J.Household ................................... !store
.......................................................................... .
Commercial
!Service
:Service and Repair -
l(N/A)
I
!small Engine Repair
I
·····is·e~·ice·······························-·····-·· ·:·se·;:;;ice··ce·~t-~e···········--·--·········i·co~·~e-~cia·i--T~~-~is·~--i~-f~--c"e~-t~e·········································
!service
1Towing Service
\(N/A)
·· ·····-············-····- ······
Commercial
Commercial
Industrial
i(N/A)
:warehouse/Indoor
:Warehouse, Storage Bays
-----·························.J······························································· .. istorage ............................................ !. ................. ____ ·········· ·-······························································
Industrial
Manufacturing or
:Abattoir
!Slaughterhouse
....................................
. ....... _Processing .................................... ? .................................................................. !...............
. ................ ·-··········· .. ········· .. ···· .. ················· ............... _ ......... .
Industrial
Manufacturing or
\Asphalt/Aggregate/
!(N/A)
Industrial
···r~~~~~:~~~~~i~;·········
:~~~~;=~~o~~:~~op
i(N/A)
········-·························································-··························
lndust,ial
-p:~~:~;,;;g·;;,:······-·· 'D,y Cleaning Plant
i(N/A)
---··-·-········ ....... --
·j·~d.~st;ial----··· 1~~~~~:~~~ring.or·············· Environmental
r(N/Af······· .... ............................................... ...................................... .
iOdUSiiiai- . -
......... -l ~~~~:::~ """ o; - --·~:~~s::;;;,use ................ - I
IN/ A)
-
-
-----·-····-······················
_____ --,i_P_ro_<:,_~?.?..!D.&. .... _.........
....
..,...
..... ......... .......... . .... ,........______
----·····-·-······················
Industrial
(Manufacturing or
\Food and Beverage
[Breweries, Distilleries, Food Production Plant
----··········JProcessing .................................. ;.Processing Facility .......... '. ...................................................... ·----··········· .. ·-·························
Industrial
:Manufacturing or
\Manufacturing-
:Vehicle Assembly Plant, Retail Manufacturing
......................................................... .iPr:~c~ssing .. ____ _JHeavy ......................................... ..JPlant ...........................................................................
.................................. .
-
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Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 126 of 132
-
Industrial
!Manufacturing o~·· ··
fManufacturing- Light jCoffee Roasting, Furniture Manufa.ct~·~i'ng·;-············
:Processing
!
:Electronics Assembly
Industrial
!Manufacturing or
··: i..:i'a~ij~a·n·a 'ri'roci~ction· .. i'(N/Ai'······· .......................................... ·······-······· .. ··················
: Processing
: Facility
:
industrial
iManufacturing or
i Micro .. Brewery
i(N/A)
!Processing
'
!
·i·~d .. ~;'t'~ia, ....................................... i.Ma·n·~·fa~i~;;n·1£·0; ·······-····:·P~o~es;·i·ng.'r'1ant···· ·····-·· .. 16ii ·Re.fin·e·~;·s~·eite;.:···P~'ip .. an·d ·Pa·p·e~··M·1·1i
·······························································..!.~r.g~.~~.~.!.n.g ................................ ...i. ............................................................... .L. .... ---···································································································
Industrial
:Manufacturing or
:Publishing Facility
:Newspaper Publisher, Magazine Publisher
................................................................ .J.Processing ............................... :.................................. .............
-
.............................................................................................. ..
·l·~·~·~~.~~.i:I ............. ......................... :.~:.:i:~ .............................................. 1.~:;~~~i:l~~ ... :~pair -
!(N/A) ····················································································································
Industrial
JService
jService and Repair -
j(N/A)
.............................................................. ,.....................
. ................................. !Sma.11 .. Engine .. Repair ...... ..J.........................................................
. ................................................... .
. 1.n.9.l.l.~Y.i~I.......
:Service
... ..Jsh.ipyard ......................................... :.Dry Dock .................. .
Industrial
!storage, Retail and
!Bulk Fuel Station
j(N/A)
.................................................................. :Renta.1 .................................................... .
Industrial
jStorage, Retail and
!,.Contractor's Yard
j(N/A)
I Rental
···································-················-·······--i--······················· ....................................... j .................... _,,.............................
i
Industrial
jStorage, Retail and
!Distribution Use
!(N/A)
................................................................ ..! Renta.1 ................................................ , ............................................................... , ...................................... ···································-······················································
!Storage, Retail and
!Equipment Sales and
!(N/A)
Industrial
........................................................... ) Renta.1 ....................... ___
i_Rental. - .HeavY ..................... ..i. .............................................. ........................................ ___ _
)Storage, Retail and
:Landscape Material
:(N/A)
....................... .i.Rental ................................................ lsupply ··············································I··································································· ... -·····-··--····--·-··--·······································
:Storage, Retail and
: Mini Storage
jSelf .. storage Warehouses
, .~.n.~.a..1 ................................................ 1.~ .a.r.~.h.9.t:1.s.~..........
. ... !...................... . . . . .... ····················································-········ ··--·······················
. torage, Retail and
:Scrap Yard
!(N/A)
!Rental
........... ! .. ................................. ...... .. .......... : ..................... ................................................................................................. .
Industrial
Industrial
Industrial
Industrial
!Storage, Retail and
[Shipping Terminal
\Marine Terminal, Inland Terminal
----········-··············:·Rental ................................................ - .................................................................. : .............................................................................................. ................................... .
. l.n.9.l:1~.~r.i?.1........................
)Waste .Management ...... ..LRecycli.ng Depot ................... J N/Al ................................................................................................................. .
lnd~strial ...................................... !Waste .. Management ...... ) Recycling.Facility
..... J N/A) ___ ...................... -----··························
.lndustrial ....................................... !Waste .Management ........ .:Waste .. Disposal .Facility) Landfill, Dump-site. ____ _
Industrial
Waste Management
Waste Water
!(N/A)
!
[Treatment Facilit
·
.l~.5.~~.~.: .: .~:.'.......
j(.~.~~·)···················································l·~:.: .: .~.~.i.~.~°..~.~ .. ~.5.: ......... 1.~::i~li!~~~~~.: .. ~~::.: .:: .. ~~l:.:~.=·=~·: ·'.::.~.: .: .5. ..
.10.S.!i~.l:IP..<:>.r:i~.1......................
( N/A)
....................... j Governmental .. Use ........... ..!Service .centre,. Office .............................................................. .
Institutional
,(N/A)
! Recreational Facility- !Aquatic Centre, Gymnasium, Skating Rink
............ , .......................................................... J lndoor ............................................ L ........................................................................................... .. .
. !.n.S.~~L.J.P..<:>.r:i~! ...................... J (N/Al.................
:Special Function Tent i(N/A)
................................... ··························---
.1nstitutional ........................... [Assemblv ................................. .JAssemblY .. Hall ................... .\(N/Al ........ ..... ...... ............................................
. ....................... .
. 1.n.S.~!.L.J.P. <:>.n..a.L ............................. :Assemb\v.......................
Commur,ii.~Y. .. <=.entre
\.(_f'J/!.'.L .............................................................................................................. .
Institutional
\Assembly
Conference and Event :(N/A)
!
Facility
!
: ~:.~~~~ ~~:: :::::::::········· ·········:::i ~~~: ~ ~·:~::::::::~::::::::::::::::::~:::::::::! ~i~I:~; 1.: Esta:b I is h:m ent ::i ~N~ :i a 11eri::A·~~·h·i·~e~:::·M~·~e~·m·:::::::::::::::::::::::::::::::::::::::::::::::
Town of Port au Port West .. Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 127 of 132
...................... ___ _
!,.:.Assembly
'Philanthropic Use
'Non-profit Headquarters, Womens' Shelter,······
1
!Food Bank, Homeless Shelter
:i·~s.tit.~tio·~~-c::::::::::::::::::::::::::::::iA·ss·e;-~·ti"iv:-..... -.... -..... -.... -... -............. TPia .. ~~··oTwo~ship······ .. ····...rEh~~~h, .. Mosque, .. sv;;,;gogu:.::e ___
·_····-····-· .-.... -................ .
Institutional
Institutional
!Assembly
!Social Organization
!Seniors Organization, Political Headquarters,
!tf ~*it~ -=~~ff: :~ ::::-~Ljtj~-~:,~:~!c~ci!Jtvl{~;~:
0
'!:";ns_,,.,_~ :_: -· ........... : :-::
-
.. .
----··-.............. ,_ .................................. --- . )Centre .. Based ___ -+--
-----······· ......................... .
Institutional
1Care
!Child Care Service -
j(N/A)
.............................. - ........................................... -----······_J~.~.i:T.1.ily_ ................................................ l ........................................................ ----·····················-··············· .... .
. 1ns.~~.~!!.c:?.r:i.a..1 ............................... 9.r.~ ................................................. ! Hospital ........................................... .!.~./AL ...... ...................................................................................................... .
Institutional
Care
!Medical Clinic
Home Doctor Clinic, Dental Clinic, Eye Doctor
·--········· ....................................................................... ____ _
Institutional
jCare
... J ................................................................. Clinic,.Audiology Clinic .................................................................. .
:Personal Care Home -
!{N/A)
!institutional
!
I nsti tution~·j ........... :::::::::::::::. J
Ed ucati..::.· o_n __ ...................... !.~9-.~~~.~9.r:i.a..\ .. l!~~.............
:school, Col le~.~i .. Y~ i.~~rs..i.! Y.i.Ir..a..!.n..!.r:is.< ~~6:frfi!.::::::::::::
Institutional
I
Education
:instructional Use
!Dance Studio, Music Studio, Martial Arts
................................................................. .L.......................
. ...................... ; .................................................................. \.Facilicy .......................................................................................................... ..
Institutional
Education
!Mobile
!First Aid Training, Fire Safety and Rescue
i Educational/lnstructio !Training
Jnal Use
l·~:-m·~~~~!·l·
.. ---·····jg~.~~~~~ .. ~:~~::~~~ ..... j.~u~~~t~:~:i~~~tv .. - ........ !~~~~: ...................... ..
iGrounds
!
Institutional
1Pets and Animal
!Animal Shelter
i(N/A)
!Control
!
i
Institutional
!Pets and Animal
; Kennel
·
!(N/A)
...................................................... - ........ _!control............................................. . ...............................................................
! _______ _
Institutional
\Pets and Animal
Pet Care Services
......... !,,Pet Grooming Establishment
\Control
-~---·-··--·-·········-················-········· ·-···············----········-······ ·····t· ······-·-·-··---
i-----······················· .. ······ .. ······---
lnstitutional
!Pets and Animal
\Veterinary Clinic
i(N/A)
~Control
l
:
.................................................................................................................................... , .......................................................................................................................................... , ..................... ····-··········· ... ···-···-·········
Institutional
!Pets and Animal
IZoo
!(N/A)
:Control
i
!
.lnstitutiona.1 ..... ·· ................... ...JPosthumous ... .......................... Jcol.umba.rium ........................ .J(N/A)
............................................................................ .
. 1.n.S.~.~.~P,.9.nal
\Posthumous
'.Crematorium
l(N/A)
.1.n.S.~!.~P..9.Q~.! .... ___
.JPosthu.mous ............................. :.Funeral .. Home .............. - ....... J!N/Al ..................... __________ _
Institutional
!Posthumous ............................... ;Graveyard ....................... - ..... J (N/A) _____
...... -................................................. ---i
.!n.S.~!.~~gnal
......... .L~~.~~.a.r.~.~ ......................................... : Laboratory ___
.... ....i.LN..!.'.'L ... _ .... _ ... __ _
Institutional
!Research
Research and
iTechnology Testing Facility, Product
....................................... -......................... 1 ................................... ............................ Development ......................... .i.Development .. FacilitY ......................................................... -............. .
Institutional
:Research
Research Farm
!(N/A)
Institutional
!,.Service
............................... :safety E~ergency
jPolice Station, Fire Station, Ambulance Station
!Services
!
,___------·-·· ·-i-·-·······
---i-
-
-··-·--.. -··· ····-- .. i--···· ·-------······
.. ···· ................................................. , .......-
\Service
,service Centre
\Public Tourism Info Centre
Institutional
Open Space
~
SCP
i,1(N/A)
'Water Supply
1Pond/Lake Supply, Groundwater Aquifer
i
(Supply, Public Spring
I
......... 1 ......................... .......................... ........... i ........................ ...................................................... ·-········ .. ··· ... · .............................. .
Town of Port au Port West .. Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 128 of 132
Open Space
·························· ----
! Interpretation
!Area of Natural,
jwar Memorial, Historical Site, Fossil Site,
·
j Historic, or Scientific
jArchaeological Site
............ ; .................................................... ........ ..l '.~-~~-~~~~---······· ...................... ········-·············· .. ·······-·········· ................................................. ·································-···"·······
Open.Space ............................. ..Jlnte.rpretation
! Interpretive Centre
.. ).Museum,. Science. Centre, .. History .Centre ................. .
Open Space
··························'.·::.r.~..............................
..!Active. ....................................
!~~~~t~lk:t~~:;,r~~:~;t.b.3.11
.. : i.: .l.~i .. ~:.~.:.'.~······-·········
.Open Space ........................... ...1 Park...
. ............................. ..1.Passive ............................. ........... ..JJ:li.~.ir:i.g .. T.r.~i I, Mu lti-us.~.T.r.9..i.11 -.. ~.~.S.~.?..!.<J.P. ........................... .
Open Space
!Park
\Public
!(N/A)
.~~.S.i.d..~.0.~.a..l. .............................. ) Double ............. ........................ ..J.Double .. U.nit .. Dwelling ) Du pl.ex,. House. with. Basement .Apartmer.,t .......... .
!Row House Single
:ouplex (Property subdivided along party wall
........ !.Dwel.ling.(2 .. Dus. onlyl .. J of .each .. DU_) ................................................................................ .
!Mini and/or Mobile
!(N/A)
-~iH_ome.Park ___
·········:··············· ................................................................ ............................... .
_ ______,i_M_ulti-unit.Dwelling········....iAPartment .. Bui.1d.ing,.Condominium .. Bui.1ding ......... .
jRow House Single
!Town Houses (Properties subdivided along
jDwelling (3 or more
!party walls of each DU)
... ..JDUsJ ................................................... , .............................................................................................................................. .
. ~e5..i.~.::.~.3.l .................................. t o~~.':. . .. .
Residential
;Multiple
;
Residential
Residential
................... !Multiple ............. .
!Multiple
··················································· ............... ! ................ ..
jRow House Double
jDuplex (Each with a basement apartment,
!Dwelling (4DUs only)
jproperty subdivided along party wall of DUs;
....... l .................................................................. ltwo .. DUs per.side) ................................................................................. .
!Row Double Dwelling !Town Houses (Each with a basement
:(6 or more DUs)
japartment, properties subdivided along party
...........
..........
!
. .............................. Jwalls; .. two.DUs per.property) ...... ........................................ .
Residential
!Multiple
Residential
'
'Multiple
. ~~.S.i.d..~.0. ~a..1.......... . ...................... ?.~9..5.~.r.i.a I
.................... .! Cottage .......................................... ..lJ.N/ Al .................................... .............................................................................. .
Residential
Seasonal
1cottage - Private
j(N/A)
'
(Cluster
I
:~~:~i~~~:~:~:i:::::::···························1·sh~·r~c(Faci Ii ties .................... Jsoa rd ins. Ho use
............ 1 ( N/ Al ...... :::::::::::::::::::::: ........................... ::::.:.::: .. :::::~:::::::::::::::~::::::::::::::::::::::::::
Residential
!Shared Facilities
!Dormitory/Residence !University or College Residence, Convent or
............................. .....................
!
.................................... : ............................ _____
!_Monastery, Nurse or Hospita.1
.. Residence ................... .
Residential
i,.'Shared Facilities
!Personal Care Home - !(N/A)
I Residential
:
.Resid.entia.1 ................................. ..lsingle .............. .......................... ..!.Micro .. Dwelli.ng ................. .iTi.ny .Home ......................... ::::::::::::::::::::::::::::::::-.::::-.::::::::::::::::::::::
.Re5.identia.1 ................................. :Single ......................................... ) M in.i .. Home. Dwelling··· ... !.( N/ Al.. ................. ................... .........
. ..................... .
. Residentia.1 ................................... Single ........................................... .JMobile.Home. Dwelli.ng !Trai.le.r .. Park. H.ome ............................................ ............. .......... ..
Residential
Single
(Single Unit Dwelling
\(N/A)
Resource
, (N/A)
........................ i.~.i~~·i·~·~·····
···································i·::a~~~~:eoutdoor s~:.~:~.~ ... ~~···~·~·~·i·: ·= ·~·~·t·~················
.~~.S..9.':'.r.<=.~ ..................................... ! (_N/ A)
............................... :.Forestry.............................. .. .... ..!Cutting, .. Harvesting, Si lvicultu re ......... .
. ~~.S..9.':'.r.<=.~....................
.J(.t-i/~L.
. .. ................... !.':l.':'r.1~.r.i.gf.T.r.~.P.P.i.r.1.8...
.Jlndoor .. or. Outdoor. Storage. of. Eq u.ipment ................ .
Resource
:Earth Exploration
jArchaeological/
!Trails, Excavation Pits
I
I Historical Research
!
! Exploration
'
.~~.s..9.':'.r.<=.~ ............................... .... ··1Earth::E~:;;i·o~ati·o;:;···············--rM·iri·e·ra'i"E~pio~a·riori.::::::::rso~~·hoi·~::o~·i·i·1i·~g>r~e·~~h·;rii.:ira·i·i;;·:::::::::::::::::::::::::::::::::::
.R~.S..9.':'.r.<=.~ .................................... ..J.~.~
.. r:t.h .. ~i.<P.!.9.r.a.9..9..n............
! Petroleu.n.:i .. ~.~.P..loration : Borehol.E? .. Q.r.i.1.1.i.~g!...T.r.~.n.<:.h.i.r.i.g, . .I.r.a.\!.?. .................................... .
Resource
\Earth Extraction
!Mineral Working
:ouarry, Pit, Asphalt/Concrete Manufacturing
.~.... .........................
l .............................................................. .Jc.>( .. ~.~C:.YC:.!.i.n.g, Soil Trea.~.r:!'.~.n.~ .............. _ _ _ _
.Resou.rce ....................... ...... :.Earth .. Extraction ..................... !.Mining .......................................... !{N/Al .................................................... .
. Resource
.................... J~ .. r:t.h .. ~.X.!.r.~.C:.~.~.r.i .................. ...i.~~.!.r.9..1~.lJm Extraction ...i.9!.! . .9..r. .. r-i.9.~.lJ.r.al Gas W~I.!. ____ .................................... .
~-.
SCP
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 129 of 132
Sign ............................................... JBui.lding Mounted .............. .Jca.nopy .................................... ..J(N/Al ................................................................................................................ .
Sign
/Building Mounted
/Electronic Message
l(N/A)
·
!Board
----.-----.......---..-....-...---...--....-...--....-.-----..-.-. j ....................................... ·-·······----------·-·········!-········-·········· ................ _,_ ...................................................................................... .
. S.igr:i... ... .. .. . .. . ....................... J~.U.!.1.c:J.i0..g .. ~.9.U nted
j.F..a..<:.!.a.! .. Y.Ya.1.1 ................................. l.(N/ A!.... ........................................................ ...................................................... .
Sign..... . ................................ :Building Mounted ............... .:.Projecting Wall ............ J N/Al...................................
. ................................ .
Sign ............................................. ..J.Bui.ld.ing Mounted ............. ) Roof .............................................. ) (N/A)
............................................................... .
Sign .................................................. ....!Stand.Alone ......................... ...J.Billboa.rd ....................................... JN/Al......................................................
. .................................... .
Sign
:Stand Alone
!Electronic Message
i(N/A)
··························································································
...................... .J.~C?.9..r.c:J ............................................ ' ........................................... ····-········································ ·-································
Sign .............................. ................... !stan.d .. Alone ................................ !Grou.nd ......................................... ..J(N/Al.... ................................................................................................................ .
S.iS.f.l .................................................. .JS.t.a. .. n.c:J .. ~1.C?.n..~..........
/ Portable
....... iJt'!(flJ ................................................................................................................... .
Sign
]Stand Alone
/Sandwich Board
!(N/A)
Transportation
i(N/A)
I Dispatch Service
:Taxi Service, Limousine Service, Courier
········································ .. ························-·························································· ······'·································································.!service .............................................................................................................. .
Transportation ....................... .J(N/Al ....................... ___ .... .! Ma.ri.na .......................................... .JSailing,. Yachting,. Paddling,. or .. Rowing. Club ............. .
Transportation
/(N/A)
!Transportation Hub
/Dock, Port, Airport, Train or Bus Terminal
.utility ...................................... .... .! (.N/ Al ................................................. .!Access ............................................. .J( N/ Al .................................................................................................................... .
Utility
i(N/A)
:Private Wind Energy
:Residential Wind Turbine
......................
. ...... , ........ ················ ·····························..:system.
...
..: .... ..
.. .. ...... . .. .
Utility
:(N/A)
!Public Utilities
:Commercial Wind Farm; Telecommunications;
[Television; Power; Public Water, Sewer, and
....................................................................... ·······································.········ ................................................... .)Storm .. water
Utility
1(N/A)
:Street
j(N/A)
Town of Port au Port West .. Aguathuna .. Felix Cove
Development Regulations (2019-29}
Page 130 of 132
Appendix D: Animal Unit Equivalents
*'Table C.1 Animal Unit Equivalents (A.U.)' taken from the 'Environmental Farm Practices Guidelines for
Livestock and Poultry Producers,' Publication SLM045, September, 2002
Type of Livestock
I Av. Weight Per Animal (kg)
I Number of Livestock= 1 AU
Number of A.U. per Livestock
Dairy Cows
f 545.0-640.0
i 1
1.20-1.41
......................................................
···············l··························· ····················-·············--· .. ···········i ... ·-----································....__ _____ ____ , ........................ .
·~·~·i·f':.r.5. .......................................................... !..3.?.?..:?........... ----··-............ ..! 2
.............................................. j .. 1.30 .. (0.66.ea_ch_) __
Veal
I 91.0
___
! 5
I 1(0.20 each)
-------"-----"---------------------,.-------------------,.--- ------------ ----+------------------
u------------------ --------------------\-------------------------------- .. -- .. --------------------------------------------j,. .. --------------------------------------------------- ----- ----------------------
Bulls
I 545.0
I 1
I 1.20
·······························-··-··········· .. ········ ........................ : .................................................... -............................ ; .................................................................................. : ................................................ ·-······· .. ··-···· .. ···--· ... .
i 360.0
i 2
i 1.60 (0.79 each)
i 454.0
i 1
i 1
........................................... ..
Beef Cattle
Sows (F to F)
------------------------- .. -----------------------------------------n----------
·-·············· ......................... ..
I 1 (0.33 each)
Sows
I 150.0
.................................................................................. i········································-
-
-
··············l--····· ........................... -................... ---·!··············································································· .. .
Hogs
! 75.0
I 6
____
] 1 (0.165 each)
.................................................................................. t .................................................................................. j..............
. ..................................... i--············ .. ······ .... -.............................................. _ .... ..
Boars
: 150.0
! 3
I 1 (0.33 each)
----············································!·············· .................................................................... !...
. ................................................... ····!· ................ __ ,. ................ _____
-
.. ~~.: .e.~ .. (_~".'✓-':.! ............................................... i .. 5.~:.?. ............ ----
i 8
............................................. ! .. 1 .(0.119.eachl ......................................... .
.. ~.~.:.:.~ .. (.~amb)
................................. !.??.:.?............................................................ i 16
.......................................................... i .. l .. {0.059) ...................................................... .
.. ~.~~~: .................................................................. !.64.0
............................................... : .. 7. ......................... -................. __
........... !,.1 .. (°.:.~.~.~ . .: .. a.~~.l . ....................................... .
.. '...?.X.e..5. .. (.".'✓-(~.i~:.r.l .................................... _) .. 11.35
............................................... 1. 40................................................
.. ................. j~
.. .t?.:?.~5. .. : .a..c_h_) _____
1
Mink
i 3.0
! 150
: 1 (0.007 each)
········································· ......................................... !---········· .. ··· .. ····· ......................................... -................... ---
.... -··-····l·····-···· .............................................................. - .. --.
Rabbits
! 2.27
i 200
! 1 (0.005 each)
Note: One animal unit is equivalent to 454 kg (1,000 lb) live weight).
Source: Newfoundland and Labrador Department of Forest Resources and Agrifoods.
~.
SCP
Town of Port au Port West-Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 131 of 132
Appendix E: Fees
. '
~ ~,
APP. E.1 APPLICATION FEES
.
__ .·.,;:~~
Type
Description
Fee
(a) Development Permit
i. Residential use s2DUs (one (1) main use and main building only}, and accessory $20.00
uses, buildings and structures; signs; or fee amount per subdivided lot created for
any of the preceding uses
ii. Residential use 3 - 24DUs; or commercial or industrial use building sl500m2
$40.00
(492lft2) inf/oor area; or fee amount per subdivided lot created for any of the
preceding uses
iii. Residential use ~25DUs; or commercial or industrial use building >1500m2
$60.00
(492lft2) in floor area; or fee amount per subdivided lot created for any of the
preceding uses
(b) Planning Approval
i. Discretionary Use (see A.2.2.5)
$150.00
ii. Variance (see A.2.2.6)
$150.00
iii. Non-conforming Use (see A.2.2.7)
$150.00
(c) Amendment (see A.2.2.8) i. Regulations
$500.00
ii. Plan and Regulations
$750.00
Tobie 12: Application Fees
APP. E.2 ADMINISTRATIVE REQUEST FEES
_ .. _.
. .... ~.;~
Type
(a) Statement of Zoning for Property (see A.2.1.8)
(b) Statement of Compliance for Use and Development (see A.2.1.9)
Tobie 13: Administrative Request Fees
~,
SCP
Town of Port au Port West- Aguathuna- Felix Cove
Development Regulations (2019-29)
Page 132 of 132
Fee
$50.00
$150.00