Port Blandford, Newfoundland and Labrador
· adopted 2002-05-13
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TOWN OF PORT BLANDFORD
DEVELOPMENT REGULATIONS
1991-2001
Gazetted: n/a
Consolidation Date: n/a
Amendments: To see if there were any amendments to this document
since it came into effect, please refer to:
List of Amendments
TOWN OF PORT BLANDFORD
LAND USE ZONING, SUBDIVISION AND ADVERTISEMENT
REGULATlONS
DEVELOPMENT REGULATIONS
May 13, 2002
URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF PORT BLANDFORD
DEVELOPMENT REGULATIONS AMENDMENT
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town
Council of Port Blandford adopts Part I to V of the Development Regulations in order to bring
the Port Blandford Development Regulations into confonnity with the Urban and Rural Planning
Act 2000.
Adopted by the Town Council of Port Blandford on the 13 day of May , 2002 ..
Signed and sealed this 13th day of May, 2002.
Mayor: ~~
Clerk:
(Council Seal)
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Development Regulations Amendment has been prepared in
MCIP:
(MCIPSeal)
'.·'·'·
TABLE OF CONTENTS
Regulation
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3
4.
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6.
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8.
9.
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15.
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Short Title
Interpretation
Commencement
Municipal Code and Regulations
Authonty ...... , ..
APPLICATION
PART I - GENERAL REGULATIONS
Compliance with Regulations
Permit Reqmred
Permit to be Issued
Pc1n11t Not to be Issued in Certain Cases
Discrcnonary Po\.vers of Autho1ity
Variances
Notice of Variance
Service Levy
Financial Guarantees by Developer
Dedication of Land for Pub he Uses
Reinstatement of Land
Fonn of Application
Register of Application
Deferment of Application
Approval m Principle
Development Pennit
Reasons for Refusing Permit
Notice of Right to Appeal
Appeal Requirements .... , . , ..
Approval Registration
Development Prohibited
Page#
2
2
2
2
3
3
3
4
4
5
5
s
' 5
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6
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7
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8
... 9
Regulation
27.
28.
29
30.
31.
32.
33
34.
35.
36.
37.
38
39
40.
41.
42.
43.
44
45.
46
47.
48.
49.
SO.
5 I.
52
Appeal Board .
Appeals
I-Iennng Notice and Meetings
Heanng of Evidence
Return of Appeal Fee
Notice of Application
Right of Entry
Record of'V1olat10ns
Stop Work Order and Prosecution
Delcgntion of Po\ver
PART II GENERAL DF,YELOPMJ<:NT STANDARDS
Accesses and Service Streets
Accessory Buildings
Advet1isements
Buffer Strips
Building Height
Duildiug I ,Ille and Setback
Family and Group Care Centres ...
Height Exceptions ..
Live.stock Srructures and Uses
Lot Area
Lot Area and Size Exceptions
Lot Frontage
Non-Conformmg Uses
Offensive and Dangerous Uses
Off.street PJrklng Requirements
Off-street Loacilllg Requirements
Page#
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11
l I
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12
12
12
12
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18
Regulation
53
54
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58.
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60.
61.
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63.
64.
65
66.
67.
68.
69.
10.
71.
72
73.
74.
75.
76.
77.
78
Parks and Playgrounds and Conservation Uses
Screemng and Landscaping
Services and Public Utilities
Service Stallons
S1deyards
Street Constiuction Standards
Subsidiary Apmtmenls
Un,ubdiv1ded Land
Zero Lot Lme and Other Comprehensive Development
Perrmt Required ..
Fom1 of Application
PART III - ADVERTISEMENTS
Advertisements Prohibited in Street Reservation ....
Penmt Valtd for Linuted Period
Removal of Advertisements
Advertisements Exempt from Control
Approval Subject to Conditions
Non-Conforming Uses
PART IV - SUBDIVISION OF LAND
Pennit Required ............... .
Services to be Provided
Payment of Service Levies and Other Charges
Issue of Permit Subject to Consideral!ons
But!ding Penrnts Required
F01m of Applicat10n
Subd1vis1on Subject to Zoning
Building Lines ..... .
Land for Pub he Open Space
Page#
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19
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20
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... 21
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Regulation
79.
80.
8 l.
82
83.
84.
Sc J.
86.
87'
88.
89.
90.
91
Structure 1n Srreet Tlcservatlon
Subdivision Design Standards
Engineer to Design Works and Certify
ConslTuction l .. ayout
......... , .. .
Developer to Pay Engineer's Fees and Charges
Street Works May be Deferred
Transfer of Streets and Utilities to Authmity
Restt 1ct1on on Sale of Lots
Groupmg of Dwellings and Landscaping
PART V - USE ZONES
lJse Zones
Use Classes
Permitted Uses
Discretionary lJses
lJses Not Penn1tted
SCHEDULES
SCHEDULE A: Definitions
SCHEDULE B: Classification of Uses of Land and Buildings
SCHEDULE C: Use Zone Tables
SCHEDULE D: Off-Street Parldng Requirements
SCHEDULE E: Land Use Zoning Maps
Page#
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Application
Page 1
TOWN OF' Port Blandford MUNICIPAL PLAN
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Town of Port Blandford Development Regulations.
2. Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings asctibed to
them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
3. Commencement
These Regulations come into effect throughout the Port Blandford Mnnicipal Planning Area,
hereinafter referred to as the Planning Area, on the date of publication of a notice to that
effect in the Newfoundland Gazette.
4. Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and any
other ancillary code and any Building Regulations, Waste Disposal Regulation and/or any
other municipal regulations regulating or controlling the devcloprnent, conservation and use
of land in force in the Town of Port Blandford, shall, under these Regulations apply to the
entire Planning Area.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Port Blandford.
Part I - Ge11eral llegulations
Page 2
PART 1- GENERAL REGULATIONS
6. Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance with
these Regulations.
7. Permit Required
No person shall can-y out any development within the Planning Area except where otherwise
provided in these Regulations unless a permit for the development has been issued by the
Authority.
8. Permit to be Issued
Subject to Regulations 9 and 10, a pem1it shall be issued for development within the
Planning Area that conforms to:
(a)
the general development standards set out in Part II of these Regulations, the
reqmremcnts of Part V of these Regulations, and the use classes, standards, requirem-
ents, and conditions prescribed in Schedule C of these Regulations for the use zone
in which the proposed development is located;
(b)
the standards set out in the Building Code and/or other ancillary codes, and any
Building RegL1lations, Waste Disposal Regulations, and/or any other municipal
regulation in force in the Planning Area regulating or controlling development,
conservation and use of land and buildings;
(c)
the standards set ont in Part rn of these Regulations in the case of advertisement;
(d)
the standards set out in Part lV of these Regulations in the case ofsLibdivision;
(e)
the standards of design and appearance established by the Authority.
9. Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development withm the
Planning Area when, in the opinion of the Authority, it is premature by reason of the site
lacking adequate road access, power, drainage, sanitary facilities, or domestic water supply,
or being beyond the natLcral development of the area at the time of application unless the
applicant contracts to pay the foll cost ofconstruction of the services deemed necessary by
the Authority and such cost shall attach to and L1pon the property in respect of which it is
imposed.
Part I~ General Regulations
l'age 3
10. Discretionary Powers of Authority
(1)
In considering an application for a permit or approval in principle to carry out
development, the Authority shall take into account the policies expressed in the
Municipal Plan and any further scheme, plan or regulations pursuant thereto, and
shall assess the general appearance of the development of the area, the amenity of the
surroundings, availability of utilities, public safety and convenience, and any other
considerations which are, m its opinion, material, and notwithstanding the. conformity
of the application with the requirements of these Regulations, the Authority may, in
its discretion, and as a result of its consideration of the matters set out in this Regulat-
ion, conditionally approve or refuse the application.
(2)
An Authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the Authority's regulations
as discretionary, permitted or prohibited uses for that area
11. Variances (Refer to Minister's Development Regulat1ons, Section I 2, January 2, 2001)
(1)
Where an approval or permit cannot be given by the Authority because a proposed
development does not comply with development standards set out in development
regulations, the Authority may, in its discretion, vary the applicable develop.men\
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)
The Authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
would have a cumulative effect that is greater than a 10% variance even tbough the
in di vi dual variances are separately no more than 10%.
(3)
The Authority shall not pennit a variance from development standards where the
proposed development would increase the non conformity of an existing
development.
12. Notice of Variance (Refer to Minister's Development Regulation.1', Section I 3., Janua1y 2, 200 I)
Where the Authority is to consider a proposed variance, the 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.
Part I - G'e11erttl Regulations
Page 4
13. Service Levy
(1)
The Authority may require a developer to pay a service levy where development .is
made possible or where the density of potential development is increased, or where
the value of properly is enhanced by the carrying out of pub he works either on or off
the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance charges
to the Authority of constructing or improving the public works referred to m
Regulation 13(1) that are necessary for the real property to be developed in
accordance with the standards required by the Authority and for uses that are
permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefited by the public works related to all the
real property so benefited; and,
(b)
the density of development made capable or increased by the public work.
(4)
The AL1thority may require a service levy to be paid by the owner of the real property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real property commences;
( c)
al the time development of the real property is completed; or,
( d)
al such other time as the Authority may decide.
14. Financial Guarantees by Developer
( 1)
The Authority may require a developer before commencing a development to make
such financial provisions and/or enter into such agreements as may be required to
guarantee the payment of service levies, ensure site reinstatement, and to enforce the
carrying out of any other condition attached to a permit or licence.
(2)
Tl1e financial provisions pursuant to Regulation 14(1) may be made in the form of:
(a)
a cash deposit from the developer, to be held by the Authority, or;
(b)
a guarantee by a bank, or other institution acceptable to the Minister, for
expenditures by the developer, or;
( c)
a performance bond provided by an insurance company or a bank, or;
(d)
an annual contribution to a sinking fund held by the Authority, or;
(f)
another form of financial guarantee that the Authority may approve.
Part I - Ge11eral Regulations
Page 5
15. Dedication of Land for Public Use
In addition to the requirements for dedication ofland under Regulation 78, the Authority may
require the dedication of a percentage of the land area of any subdivision or other
development for public use, and such land shall be conveyed to the Authority in accordance
with the provisions of the Act.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the Authority
may order the developer, the occupier of the site, or the owner or all of them to reinstate the
site, to remove all or any buildings or erections, to cover or fill all wells or excavations, and
to close all or any accesses, or to do any of these things or all of them, as the case may be,
and the developer, occupier or owner shall carry out the order of the Authority and shall pul
the site in a clean and sanitary condition to the satisfaction of the Authority.
17. For·m of Application
( 1)
An application for a development permit or approval in princip.le shall be made only
by the owner or by a person authorized by the owner to the Authority on such form
as may be presctibed by the Authority, and every application shall inc ludc such plans,
specifications and drawings as the Authority may require, and be accompanied by the
pennit fee required by the Authority.
(2)
The Authority shall supply to every applicant a copy of the application forms referred
to in Regulation 17(1) and a description of the plans, specifications and drawings
required to be provided with the application and any information or requirements
applicable to the application.
18. Register of Application
The Authority shall keep a public register ofall applications for development, and shall enter
therein the Authority's decision upon each application and the result of any appeal from that
decision.
19. Deferment of Application
(1)
The Authority may, with the written agreement of the applicant, defer considcrat.ion
of an application.
Part I - Geueral /legulatlons
Page 6
(2)
Applications properly submitted in accordance with these Regulations which have not
been determined by the Authority and on which a decision has not been com-
municated to the applicant within eight weeks of the receipt thereof by the AL1thori ty,
and on which consideration has not been deferred in accordance with Regulation
18(1 ), shall be deemed to be refused.
20. Approval in Principle
( 1)
The AL1thori ty may grant approval in principle for the erection, alteration or
conversion of a building if, after considering an application for approval i11 principle
made under these Regulations, it is satisfied that the proposed development is, subject
to the approval of detailed plans, in compliance with these Regulations.
(2)
Where approval in principle is granted under this Regulation, it shall be subject to the
subsequent approval by the Authority of such details as may be listed in the approval
in principle, which shall also specify that further application for approval of these
details shall be received not later than two years from the grant of approval in
principle.
21. Development Permit
(1)
A plan or drawing which has been approved by the Authority and which bears a mark
and/or signature indicating such approval together with a permit shall be deemed to
be pennission to develop land in accordance with these Regulations but such permis-
sion shall not relieve the applicant from full responsibility for obtaining permits or
approvals under any other regulation or statute prior to commencing the development:
from having the work carried out in accordance with these RegLrlations or any other
regulations or statutes; and from compliance with all conditions imposed thereunder.
(2)
The Authority may attach to a permit or to approval in principle such conditions as
it deems fit in order to ensure that the proposed development will be in accordance
with the purposes and intent of these Regulations.
(3)
Where the Authority deems necessary, permits may be issL1ed on a temporary basis
for a period not exceeding two years, which may be extended in writing by the
Authority for further periods not exceeding two years.
J>art I - General RegulatitJns
Page 7
( 4)
A permit is valid for such period, not in excess of two years, as may be stated therein,
and if the development has not commenced, the pennit may be renewed for a further
period not in excess of one year, but a permit shall not be renewed more than once,
except in the case of a permit for an advertisement, which may be renewed in
accordance with Part III of these Regulations.
(5)
The approval of any application and plans or drawings or the issue of a permit shall
not prevent the Authority from thereafter requiring the conection of eti-ors, or from
ordering the cessation, removal of, or remedial work on any development being
canied out in the event that the same i.s in violation of this or any other regulations
or statute.
(6)
The Authority may revoke a permit for failure by the holder of it to comply with these
Regulations or any condition attached to the pem1i tor where the permit was issued
in enor or was issued on the basis of incorrect information.
(7)
'lo person shall erase, alter or modify any drawing or specifications upon which a
pennit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter or thing in
being done for which a permit has been issued, a copy of the permit and any plans,
drawings or specifications on which the issue of lhe permit was based during the
whole progress of the work, or the doing of the matter or thing until completion.
22. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit, state
the reasons for so doing.
23. Notice of Right to Appeal (Refer to Minister's Development Regulations. Section 5, January 2, 200 I j
Where the Authority makes a decision that may be appealed under sec lion 42 of the Act, the
Authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
( c) right of other interested persons to appeal the decision; and
( d) manner of making an appeal and the address for lhe filing of the appeal.
Part I~ General l~egulations
/'age 8
24. Appeal Requirements ( Rqfer to Minister's Development Regulations, Sec1io11 6, January 2, 2001)
(1)
The secretary of the Appeal Board at the Department of Municipal and Provincial
Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700, St
John's, Nfld., A lB 4J6 is the secretary to all Appeal Boards in the province and an
appeal filed with that secretary within the time period referred to in subsection 42( 4)
of the Act shall be considered to have been filed with the appropriate Appeal Board.
(2)
The fee required under section 44 of the Act shall be paid to the Appeal Board that
hears the decision being appealed by filing it with the secretary referred to in
subsection (1) or (2) within the 14 days referred to in subsection 42(4) of the Act.
(3)
The Appeal Board that hears the decision being appealed shall, st1bject to subsection
44(3) of the Act, retain the fee paid to the Appeal Board.
(4)
Where an appeal of a decision and the required fee is not received by an Appeal
Board in accordance with this section and Part VI of the Act, the right to appeal that
decision shall be considered to have been forfeited.
25. Appeal Registration (Refer to Minister's Development Regulations, Section 7, January 2, 2001)
( l)
Upon receipt of an appeal a11d fee as required under the Act and these regulations, the
secretary of the Appeal Board as referred to in subsections 24(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the Appeal Board shall notify
the Authority of the appeal and shall provide to the Authority a copy of the appeal
and the documentation related to the appeal.
(3)
Where the Authority has been notified of an appeal that Authority shall within one
week of notification forward to the appropriate board a copy of the application being
appealed, all correspondence, council minutes, plans and other relevant information
relating to the appeal including 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.
Part I - General Regulations
J>age 9
(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.
26. Development Prohibited (Refer to Minister's Development Regulations, Section 8, January 2. 2001)
(l)
Immediately upon notice of the registration of an appeal !he Authority shall ensure
that any development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to the Authority acting under subsection (l ).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an order
under section l 02 of the Act, the Authority shall not carry out work related to the
matter being appealed.
27. Appeal Board
(1)
The minister may, by order, establish an Appeal Board and shall assign to the Appeal
Board a specific area of the province over which it shall have jurisdiction, as outlined
in section 40, of the Act.
28. Appeals
(I)
A person or an association of persons aggrieved of a decision that, under the
regulations, may be appealed, may appeal that decision to the appropriate Appeal
Board where the decision is with respect to:
(a) an application to undertake a development;
(b) a revocation of an approval or a pern1it to undertake a development;
( c) the issuance of a stop work order; and
(d) a decision permitted under the Act or another Act to be appealed to the board.
(2)
A decision of the Authority to adopt, approve or proceed with a municipal plan, a
scheme, development regulations and amendments and revisions of them is final and
not subject to an appeal.
(3)
An Appeal Board shall not make a decision that does not comply with the municipal
plan, a scheme and development regulations that apply to the matter being appeakd.
Part 1 ~General flegulutions
P11ge 10
( 4)
An appeal shall be filed with the Appeal Board not more than 14 days after the person
who made the original application appealed from has received the decision being
appealed.
(5)
An appeal shall be made in writing and shall include
(a) a sLrmmary of the decision appealed from;
(b) the grounds for the appeal; and
(c) the required fee.
(6)
A person or group of persons affected by the subject of an appeal or their
representatives may appear before an Appeal Board and make representations
concerning the matter under appeal.
(7)
An Appeal Board may inform itself of the subject matter of the appeal in the manner
it considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance with the Act
and the municipal plan, scheme and regulations that have been registered under
section 24, of the Act, and having regard to the circumstances and merits of the case.
(9)
A decision of the Appeal Board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
( l 0)
In determining an appeal, an Appeal Board may confirm, reverse or vary the decision
appealed from and may impose those conditions that the board considers appropriate
in the circumstances and may direct the Authority to carry out its decision or make
the necessary order to have its decision implemented.
(11)
Notwithstanding subsection (10), where the Authority may, in its discretion, make a
decision, an Appeal Board shall not make another decision tbat overrules the
discretionary decision.
(12)
The decision of a majority of the members of an Appeal Board present at the hearing
of an appeal shall be the decision of the Appeal Board.
Part I - General Regulations
Page 11
(13)
An Appeal Board shall, in writing notify the appellant and the appropriate Authority
of the decision of lhe Appeal Board.
29. Hearing Notice and Meetings (Refer to Minister's Development Regulations, Seetion 9, Janumy 2, 200 I)
(1)
An Appeal Board shall notify the appellant, applicant, Authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal nol
fewer than 7 days before the date scheduled for the hearing of the appeal.
(2)
An Appeal Board may meet as often as is necessary to conduct its work in an
expeditious manner.
30. Hearing of Evidence
(Refer to Minister's Development Regulations, Section I 0, January 2, 200 I)
(1)
An Appeal Board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under regulation 29(1) or their representative
may appear before the Appeal Board and make representations with respect to the
matter being appealed.
(2)
An Appeal Board shall hear an appeal in accordance with section 43 of the Act and
these regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewmg of a property shall be considered to have been provided in the same manner
as evidence directly provided al the hearing of the Appeal Board.
(4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
31. Return of Appeal Fee
Where an appeal made by an appellant under section 42 of the Act, is successful, an amount
of money equal to the fee paid by that appellant under regulation 24(2) shall be paid to him
or her by the Authority.
Part I General Regulations
Page 12
32. Notice of Application
(1)
When a change in non conforming use is to be considered under Regulation 49, or
when the development proposed is listed as a discretionary use in Schedule C of the
Regulations, the Authority shall, at the expense of the applicant, give notice of an
application for a permit or for approval in principle, by public advertisement in a
newspaper circulating in the area.
(2)
When a variance is necessary Lmder Regulation 11, and the Authority wishes to
consider whether to authorize such a variance from development standards, the
A mhority shall give written notice of the proposed variance to al I persons whose land
is in the immediate vicinity of the land that is the subject of the variance.
33. Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land and
may at all reasonable times enter any development or bui !cling upon the land for the purpose
of making surveys or examinations or obtaining information relative to the carrying out of
<my development, construction, alteration, repair, or any other works whatsoever which the
Authority is empowered to regulate.
34. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to his
knowledge and report that violation to the Authority.
35. Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, the Authority may order that person to stop the development or work
connected therewith pending final adjudication in any proseCLLtion arising out of the
development.
(2)
A person who does not comply with an order made under Regulation 35(1) is guilty
of an offence under the provisions of the Act.
36 Delegation of Powers (Refer to Minister's Development Regu/a1io11s, Section 18. January 2, 2001)
An Authority shall, where designating employees to whom a power is to he delegated under
subsection 109(2) of the Act, make that designation in writing.
P"rt II - General Development Stamford"
Page 13
PART II - GENERAL DEVELOPMENT ST AND ARDS
37. Accesses and Service Streets
(1)
Access shall be located to the specification of the Authority so as to ensure the
greatest possible convenience and safety of the street system and the Authority may
prescribe the construction of service streets to reduce the number of accesses to
collector and arterial streets.
(2)
No vehicular access shall be closer than 10 metres lo the street line of any street
intersection.
38. Accessory Buildings
(1)
Accessol)' bL1ildings shall be clearly incidental and complementary to the use of the
main buildings in character, use and size, and shall be contained on the same Jot.
(2)
No accessory building or part thereof shall project in front of any building line.
(3)
The sideyard requirements set out in the use zone tables in these Regulations shall
apply to accessory buildings wherever they are located on the lot but accessory
buildings on two (2) adjoining properties may be built to property boundaries
provided they shall be of fire resistant construction and have a common firewall.
39. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part lIJ of these
Regulations.
40. Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existrng or proposed
residential area, or is separated from it by a road only, the owner of the site of the industrial
development shal I provide a buffer strip not less than ten ( 10) metres wide between any
residential activity and the industrial area. The buffer shall include the provision of such
natural or structural barrier as may be required by the Authority and shall be maintained by
the owner or occupier to the satisfaction of the Authority.
1-'art .II - General Develop111ent ..,~fllntlllrd,,.
Page 14
41. Building Height
The Authority may permit the erection of buildings of a height greater than that specified in
Schedule C, but in such cases the bL1ilding line setback and rearyard requirements shall be
varied as follows:
(1)
The building line setback shall be increased by 2 metres for every 1 metre increase
in height.
(2)
The rearyard shall not be less than the minimum building line setback calculated as
described in (1) above plus 6 metres.
42. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed street
or service street and may require any new buildings to be located on those building lines,
whether or not such building lines conform to the standards set out in tbe tables in Schedule
C of these Regulations.
43. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequate in
size to accommodate the number of persons living in the group, inclusive of staf!~ provided
that in the opinion oCthe Authority, the use of the dwelling does not materially differ from,
nor adversely affect, the amenities of the adjacent residences, or the neighbourhood in which
it is located. The Authority may require special access and safety features to be provided for
the occupants before occupancy is permitted.
44. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations maybe waived in the
case of communication masts and antennae, flagpoles, water towers, spires, belfries, or
chimneys, but any such waiver which results in an increase of more than 10% of the
permitted height of the structure shall only be mtlhorized under the provisions of Regulation
11 and with notice given under the provisions of Regulation 12 and 32.
45. Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be erected or used
unless it complies with the following requirements:
Part lI - General Development St1111dards
P11ge 15
(a)
The structure shall be at least 600 m from a residence, (except a farm
residence or a residence which is a non-conforming use in any zone in which
agriculture is a permitted use class in the Use Zone Tables in Schedule C of
these Regulations), and, from an area designated for residential use in an
approve.d Plan, and, from a Provincial or Federal Parle
(b)
The structure shall be at least 60 m from the boundary of the property on
which it is to be erected.
(c)
The structure shall be at least 90 m from the centre line ofa street.
( d)
The erection of the structure shall be approved by the Department of Forestry
& Agriculture and the Department of Environment & Lands.
(2)
No development for residential use shall be permitted within 600 m of an existing
structure designed to contain more than five animal units unless the development is
first approved by the Depa1iment of Forest, Resources and Agrifoods.
46. Lot Area
( 1)
No lot shall be reduced in area, either by the conveyance or alienation of any portion
thereof or otherwise, so that any buliding or structure on such lot shall have a lot
coverage that exceeds, or a front yard, rear yard, side yard, frontage or lot area that
is less than that permitted by these Regulations for the zone in which such lot is
located.
(2)
Where any part of a Jot is required by these Regulations to be reserved as a yard, it
shall continue to be so used regardless of any change in the ownership of the lot or
any part thereof, and shall not be deemed to form part of an adjacent lot for the
purpose of computing the area thereof available for building purposes.
47. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist
in any residential zone, with insufficient frontage or area to permit the owner or purchaser
of such a lot or lots to comply with the provisions of these Regulations, then these
Regulations shall not prevent the issuing of a pem1il by the Authonty for the erection of a
dwelling thereon, provided that the lot coverage and height are not greater than, and the yards
and floor area are not less than the standards set out in these Regulations.
Part fl - General Developnient Stflndartls
Page 16
48. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these
RegLtlations, no residential or commercial building shall be erected unless the lot on which
it is situated fronts directly onto a street or forms part of a Comprehensive Development
Scheme.
49. Non-Conforming Use
(Refer ta Minister's Development Regulations, Section 14, 15, 16, 17, January 2,
2001)
(1)
Notwithstanding the l\fonicipal Plan, scheme or regulations made under this Urban
and Rural Planning Act, 200 I, the Authority shall, in accordance with regulations
made under this Act, allow a development or use ofland to contirnie in a manner that
does not conform with a regulation, scheme, or plan that applies to that land provided
that the non-conforming use legally existed before the registration Llllder section 24
of the Act, scheme or regulations made with respect to that kind of development or
use.
(2)
Notwithstanding subsection (1 ), aright to resume a.discontinued non-c.onforrning use
ofland shall not exceed 3 years after the discontinuance of that use.
(3)
A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (1)
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Authority;
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development;
(c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, strncture or
development has been destroyed;
( d)
may have the existing use for that building, slrnclure or development varied
by the Authority to a use that is, in the Authority's opinion, more compatible
with the plan and regulations applicable to it;
( e)
may have the existing building extended by approval of the Authority where,
in the Authority's opinion, the extension is not more than 50% of the existing
building;
( f)
where the non-conformance is with respect to the standards included in these
development regulations, 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;
Part I I~ Genertrl Devclopnient ~'lta1ulttr<ls
Page 17
(g)
where the building or structure is primarily zoned and used for residential
purposes, it may, in accordance with the municipal plan and regulations, be
repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed but the residential building or structure, where being
repaired or rebuilt, must be repaired or rebuilt in accordance with the plan and
development regulations applicable to that building or structure.
( 4)
Before making a decision to vary an existing use of a non-conforming building,
structure or development, the Authority, at the applicant's expense, shall publish a
notice in a newspaper circulating in the area or by other means give public notice of
an application to vary the existing use of a non-conforming building, structure or
development and shall conside.r any representations or submissions received in
response to that advertisement.
50. Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous fumes,
smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any
nuisance that has an unpleasant effect on the senses unless its use is authorized by the
Authority and any other Authority having jurisdiction.
51. Offstrcet Parking Requirements
( 1)
For every building, structure or use to be erected, enlarged or established, there shall
be provided and maintained a quantity of off-street parking spaces sufficient to ensure
that the flow of traffic on adjacent streets is not impeded by the on-street parking of
vehicles associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any bui !ding, structure, use of
occupancy shall confonn to the standards set out in Schedule D of these Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings, shall be made
accessible by means of a hard surfaced right-of-way at least 3 min width. Parking
required in a Residential Zone shall be provided on the same lot as the dwelling or
dwellings. Parking space for apartments shall be provided in the rear yard where
possible. In a Non-Residential Zone, parking spaces shall be provided within the
limits of the zone in which the use is situated and not more than 200 m distant from
the use concerned.
Part 11 - General DevelopnJent ~ittuu/artfs
Page 18
( 4)
The parking facilities required by this Regulation shall, except in the case of single
or attached dwellings, be arranged so that it is not necessary for any vehicle to reverse
onto or from a street.
(5)
Where, in tl1ese Regulations, parking facilities for more than four vehicles are
required or permitted:
(a)
parking space shall mean an area ofland, not less than 15 m' in size, capable
of being used for the parking of a vehicle without the need to move other
vehicles on adjacent areas;
(b)
the parking area shall be constructed and maintained to the specifications of
the Authority;
( c)
the lights used for illumination of the parking area shall be so arranged as to
divert the light away from adjacent development;
( d)
a structure, not more than 3 m in height and more than 5 m' in area may be
erected in the parking area for the use of attendants in the area;
(e)
except in zones in which a service station is a pennitted use, no gasoline
pump or other service station equipment shall be located or maintained on a
parking area;
(f)
no part of any off-street parking area shall be closer than 1.5 m to the front lot
line in any zone;
(g)
access to parking areas in non-residential zones shall not be by way of
residential zones;
(h)
where a parking area is in or abuts a residential zone, a natural or structural
barrier at least l m in height shall be erected and maintained along all lot
lines;
(i)
where, in the opinion of the Auth01ity, strict application of the above parking
requirements is impractical or undesirable, the Authority may as a condition
of a permit require the developer to pay a service levy in accordance with
these Regulations in lieu of the provision of a parking area, and the foll
amount of the levy charged shall be used by the Authority for the provi.sion
and upkeep of alternative parking facilities within the general vicinity of the
development.
52. Off-Street Loading Requirements
(1)
For every building, structure or Lise to be erected, enlarged or established requiring
the shipping, loading or unloading of animals, goods, wares or merchandise, there
shall be provided and maintained for the premises loading facilities on land that is not
part of a street comprised of one or more loading spaces, 15 m long, 4 m wide, and
having a vertical clearance of at least 4 m with direct access to a street or with access
by a driveway of a minimum width of 6 m to a street.
Part fl - General Developntent Staudards
Page 19
(2)
The number ofloading spaces to be provided shall be determined by the Authority.
(3)
The loading facilities required hy this Regulation shall be so arranged lhat vehicles
can manoeuvre clear of any street and so that it is not necessary for any vehicle to
reverse onto or from a street.
53. Parks and Playgrounds, and Conservat.ion Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and
playgrounds arc not localed in areas which may be hazardous lo their use and are not
operated for commercial purposes.
54. Screening and Landscaping
The Authority may, in the case of existing unsightly development, order lhc owner or
occupier to provide adequate and suitable landscaping or screening; and for this purpose may
require the submission of an application giving details of the landscaping or screening, and
these Regulations shall then apply to that application. The provision of adequate and suitable
landscaping or screening may be made a condition of any development permit where, in the
opinion of the Authority, the landscaping or screening is desirable to preserve amenity, or
protect the environment.
55. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the provision
of public services and pnblic utilities if the use of that land is necessary to the proper
operation of the public service or pnblic utility concerned provided that the design and
landscaping of aoy development of any land so used is, in the opinion of the Authority,
adequate to protect the character and appearance of the area.
56. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for sueh purpose, and
to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front Jot line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and where
a service station is located on a corner lot, the rn.inimum distance between an access
and the intersection of street lines at the junction shall be 10 metres and the lot line
between entrances shall be clearly indicated.
Part 11 ~ General Developntent 5'ta1ulard.i
Page 20
57. Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the exposed sides
of every building in order to provide access for the maintenance of that building.
58. Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Authority.
59. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of
calculatmg lot area and yard requirements, shall be considered part of the self-contained
dwelling.
60. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to
satisfy the yard and other allowances called for in the Use Zone in which it is located and the
allowances shall be retained when the adjacent land is developed.
61. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which aTe designed
to form part of a zero lot line development or other comprehensive layout which does not,
with the exception of dwelling unit floor area, meet the requirements of the Use Zone Table
in Schedule C, provided that the dwellings are designed to provide both privacy and
reasonable access to natural daylight and the overall density within the layout confonns to
the regulations and standards set out in the Use Zone Table apply where tbe layout adjoins
other development.
Par/ Ill - Advertisements
Page 21
PART III - ADVERTISEMENTS
62. Permit Required
Subject to the provisions of Regulation 67, no advertisement shall be erected or displayed in
the Planning Area unless a permit for the advertisement is first obtained from the Authority.
Permit for erection or display of advertisement on Prov.incia 1 Highways shall be obtain from
the Government Service Centre.
63. Form of Application
Application for a permit to erect or display an advertisement shall be made to the Authority
in accordance with Regulation 17.
64. Advertisements Prohibited in Street Reservation
No advertisement shall be pem1ittcd to be erected or displayed within, on or over any
highway or street reservation.
65. Permit Valid for Limited Period
A pennit granted under these Regulations for the erection or display of an advertisement shall
be for a limited period, not exceeding two years, but may be renewed at the discretion of the
Authority for similar periods.
66. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the removal
of any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination, or structural
condition, or;
(b)
detrimental to the amenities of the surrounding area.
67. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Authority:
(a)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2
in2 in area;
Part Ill - .Advertise;nent.~
Pflge 22
(b)
on an agricultural holding or farm, a notice board not exceeding 1 m2 in area and
relating to tbe operations being conducted on the land;
( c)
on land used for forestry purposes, signs or notices not exceeding 1 1112 in area and
relating to forestry operations or the location oflogging operations conducted on the
land;
(d)
on land used for mining or quarrying operations, a notice board not exceeding 1 1112
in area relating to the operation conducted on the land;
( e)
on a dwelling or within the curli [age of a dwelling, one nameplate not exceeding 0.2
m' in area in connection with the practice of a professional person carried on in the
premises;
(1)
on any site occupied by a church, school, library, art gallery, museum, institution or
cemetery, one notice hoard not exceeding I m2 in area;
(g)
on the principal facade of any conunercial, industrial or public building, the name of
the building or the name of the occupants of lhe bui !ding, in letters not exceeding
one-tenth of the height of that facade or 3 m, whichever is the lesser;
(h)
on any parking lot directional signs am! one sign not exceeding I m' in size,
identifying the parking lot.
68. Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply with
the appropr.iate conditions and specifications set out in the Use Zone Tables in Schedule C
of these Regulations.
69. Non-Conforming Uses
Notwithstanding the provisions of Regulation 62, a permit may be used for the erection or
display of advertisements on a building or within the courtyard of a building or on a parcel
of land, the use of which is a non conforming use, provided that the advertisement does not
exceed the size and type of advertisement which could be permitted if the development was
in a Use Zone appropriate to its use, and SLlbject to any other conditions deemed appropriate
by the Authority.
Part IV- Suhdivisiou of l,a1t1l
PaKe 23
PART IV - SUBDIVISION OF .LAND
70. Permit Required
No land in the Planning Area shall be subdivided unless a pennit for the development of the
subdivision is first obtained from the Authority.
71. Services to be Provided
No permit shall be issued for the development ofa subdivision unless provisions satisfactory
to the Authority have been made in the application for a supply of drinking water, a properly
designed sew·age disposal system, and a properly designed storm drainage system.
72. Payment of Service Levies and Other Charges
No pern1it shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Authority for connection to services, utilities
and streets deemed necessary for the proper development of the subdivision, and all service
levies and other charges imposed under Regulations 13 and 14.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and docs nol
demonstrate sound design principles. In considering an application, the Authority shall,
without limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
(c)
(d)
(e)
(f)
(g)
the availability of and the demand creatc:d for schools, services, and utilities;
the provisions of the Plan and Regulations affecting the site;
the land use, physical form and character of adjacent developments;
the transportation network and traffic densities affecting the site;
the relationship of the project to existing or potential sources of nuisance;
soil and subsoil characteristics;
(h)
the topography of the site and its drainage;
(i)
natural features such as lakes, streams, topsoil, trees and shrubs;
U)
prevailing winds;
(k)
visual quality;
(l)
commnnity facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
Part IV- Subdivision rifland
Page 24
74. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building permit
shall be obtained for each bLLilding proposed to be erected in the area of the subdivision, and
no building permit for any building in the area shall be issued until the developer has
complied with all the provisions of these Regulations with respect to the development of the
subdivision.
75. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in
accordance with Regulation 17.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated
on the Zoning Maps.
77. Building Lines
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines.
78. Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate to the
Authority, at no cosr to the Authority, an area of land equivalent to not more than
10% of the gross area of the subdivision or 25 m' for every dwelling unit permitted
in the subdivision, whichever is the greater, for public open space, provided that:
(a)
where land is subdivided for any purpose other than residential use, the
Authority shall detennine the percentage of land to be dedicated;
(b)
if, in the opinion of the Authority, no public open space is required, the land
may be used for such other public use as the Authority may determine;
(c)
the location and suitability of any land dedicated under the provisions of this
Regulation shall be subject to the approval of the Authority but in any case,
the Authority shall not accept land which, in its opinion is incapable of
development for any purpose;
Part IV - Subdivision of La1t1i
Page 25
( d)
the Authority may accept from the developer in lieu of such area or areas of
land the payment of a sum of money equal to the value of the land which
would otherwise be required to be dedicated;
(e)
money received by the Authority in accordance with Regulation 78(1)(d)
above, shall be reserved by the Authority for the purpose oft he acquisition or
development of land for public open space or other public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall be conveyed
to the Authority and may be sold or leased by the Authority for the purposes of any
development that conforms with the requirements of these Regulations, and the
proceeds of any sale or other disposition of land shall be applied against the cost of
acquisition or development of any other land for the purposes of public open space
or other public purposes.
(3)
The Authority may require a strip of land to be reserved and remain undeveloped
along the banks of any river, brook or pond, and this land may, at the discretion of the
Authority, constitute the requirement of land for public use under Regulation 78(1 ).
79. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the
prior approval of the Authority which shall be satisfied on the question of safe constrnction
and relationship to the adjoining buildings and other structures within the street reservation.
80. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations
unless the design of the subdivision confonns to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter of not less than
30111.
(c)
The maximum length of any cul de sac shal.l be:
(i)
200m in areas served by or planned to be served by municipal piped water and
sewer services, as shown in the map and letter of agreement signed by the
Municipality and the Minister of Municipal and Provincial Affairs m
connection w1tb municipal five-year capital works program eligibility.
Part IV" Subtlivisio11 of Lallll
Page 26
(ii)
300m in areas not served by or planned to be served by municipal piped water
and sewer services.
( d)
Emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall
connect the head of the cul de sac with an adjacent street.
( e)
No cul de sac shall be located so as to appear to terminate a collector street.
(i)
Ne'N subdivisions shall have street connections with a11 existing street or streets.
(g)
All street intersections shall be constructed within 5 ° of a right angle and this
alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(i)
No more than four streets shall join at any street intersection.
U)
No residential street block shall be longer than 490 m between street intersections.
(le)
Streets in residential subdivisions shall be designed in accordance with the approved
standards of the Authority, but in the absence of such standards, shall conform to the
following minimum standards:
Type of Str·eet
Street
Pavernent
Sidewalk
Sidewalk
Reservation
Width
Width
Numbe1
Arterial Streets
30 l11
15 m
1.5 m
discretion
of Council
Collector Streets
20 Ill
15 111
I. 5 Ill
2
Local Residential Streets:
where more than 50%
15 m
9m
l.5m
I
of the units are srngle or
double dwellings;
where 50~1~ or rnore of
20 m
9 in
1.5 m
2
the units are row
houses or apartments.
Service Streets
15m
9m
1.5 111
discretion
of Council
(1)
No lot intended for residential purposes shall have a depth exceeding four times the
frontage.
(m)
Residential lots shall not be permitted which abut a local street at both front and rear
lot lines.
(n)
The Authority may require any existing natural, historical or architectural feature or
part thereof to be retained when a subdivision is developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
Part IV - Subdivisioll of Lt1lld
Page 27
81. Engineer to Design Works and Certify Construction Layont
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers
and all appmtenances thereto and all streets, paving, curbs, gutters and catch basins
and al 1 other uti litics deemed necessary by the Authority to service the area proposed
to be developed or subdivided shall be designed and prepared by or approved by the
Engineer. Such designs and specifications shall, upon approval by the Authority, be
incorporated in the plan of subdivision.
(2)
Upon approval by the Authority of the proposed subdivision, the Engineer shal 1 certify
all work of construction layout preliminary to the construction of the works and
thereupon the developer shall proceed to the construction and installation, al his own
cost and in accordance with the approved designs and specifications and the
construction layout certified by the Engineer, of all such water mains, hydrants,
sanitary sewers and all appurtenances and of all such streets and other works deemed
necessary by the Authority to service the said area.
82. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the preparation
of designs and specifications and for the layout and supervision of construction; such foes and
charges being percentages of the total cost of mate1ials and labour for the construction and
installation of all works calculated in accordance with the Schedule of Fees recommended by
the Association of Professional Engineers ofNcwfoundland and in effect at the lime the work
is carried out.
83. Street \Vorks May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and paving
specified by the Authority as being necessary, may, at the Authority's discretion, be deferred
until a later stage of the work on the development oftbe subdivision but the developer shall
deposit with the Authority before approval of his application, an amount estimated by the
Engineer as reasonably sufficient to cover the cost of construction and installation of the
works. In the later stage oflhe work of development, the Authority shall call for Lenders for
the work of construction and installation of the works, and the amount so deposited by the
developer shal 1 be applied towards payment of the contract cost. If the contract cost exceeds
the deposit, the developer shall pay to the Authority the amount of the excess. If the contract
price is less than the. deposit, the Authority shall refund the amount by which the deposit
exceeds the contract price. Any amount so deposited wilh the Authority by the developer shal I
be placed in a separate savings account in a bank and all interest earned thereon shall be
credited to the developer.
i'arl /J/ ~ Subdlvisiou l~f Land
Page 28
84. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land and upon
request of the Authority, transfer to the Authority, at no cost to the Authority, and clear
of all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided which are
approved and designated by the Authority for public uses as streets, or other
rights-of-way, or for other public use;
(b)
all services or public works including streets, water supply and distribution and
sanitary an storn1 drainage systems installed in the subdivision that are
normally owned and operated by the Authority.
(2)
Before the Authority shall accept tile transfer oflands, services or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets, services
and public works installed in the subdivision and certify his satisfaction with their
installation.
(3)
The Authority shall not provide maintenance for any street, service or public worl' in
any subdivision until such time as such street, service or public work has been
transferred to and accepted by the Authority.
85. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes
of development and no building permit shall be issued until fue Authority is satisfied that:
(a)
the lot can be served with satisfactory water supply and sewage disposal systems, and;
(b)
satisfactory access to a street is provided for the lots.
86. Grouping of Buildings and Landscaping
( 1)
Each plan of subdivision shall make provision for the grouping of building types and
for landscaping in order to enhance the visual aspects of the completed development
and to make the most use of existing topography and vegetation.
(2)
Building grOL1pings, once approved by the Au!ho1ity, shall not be changed without
written application to and suhsequent approval of the Authority.
Part V - Use Zones
Page 29
PART V - USE ZONES
87. Use Zones
(1)
For the purpose of these Re!_:,'lllations, the Planning Area is divided into Use Zones
which are shown on the Zoning Map attached to and forming part of these
Regulations.
(2)
Subject to Regulation 87(3), the pem1itted use classes, discretionary use classes,
standards, reqLLircments and conditions applicable to each Use Zone are set out in the
Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not set out
in the Use Zone Tables in Schedule C, the Authority may in its discretion, determine
the standards, requirements and conditions which shall apply.
88. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in Schedule
C shall be determined by the Authority in accordance with the classification and examµ les set
out in Schedule B.
89. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted lJse Classes set out in the
appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that Use
Zone
90. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out
in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if lhe
Authority is satisfied that the development would not be contrary to the general intent and
purpose of these Regulations, the Municipal Plan, or any further scheme or p Ian or regulation
pursuant thereto, and to the public interest, and if the Authority has given notice of the
application in accordance with Regulation 32 and has considered any objections or
representations which may have been received on the matter.
Part V - Use Zuues
Page 30
91. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in
the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone.
SCHEDULE A
DEFINITIONS
ACCESS: A way used or intended to be used by vehicles, pedestrians or anima.ls in order to go from
a street to adjacent or nearby land or to go from that land to the street. (Refo- to Mrnister's Develop111ent
Regulations. January 2, 200 I)
ACCF~SSORY BUILDING:
(i)
A detached subordinate building not used. as a dwelling, located on the same lot as the
main building to which it is an accessory and which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks.
(Refer to Minister's Development Regulations. Janumy 2, 2001)
ACCESSORY USE:
A use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use.
(l<efer to Mm1ster 's Developmt:nt
Regulations, January 2, 2001)
ACT: The Urban and Rural Planning Act, 2000.
ADVERTISEMENT: Any word, leller, model, sign, placard, board, notice, device or representation,
whether illuminated or not, in the nature of and employed wholly or in part for the purposes of
advertisement, announcement or direction; excluding such things employed wholly as a memorial,
or functional advertisement of Councils, or other local authorities, public utilities and public transport
undertakers, and including any boarding or similar structure used or adapted for use for the display
of advertisements.
AGRICULTURE: Horticulture, fruit growing, grain growing, seed growing, dairy farming, the
breeding or rearing of livestock, including any creature kept for the production or food, wool, skins,
or fur, or for the purpose of its use in the fanning of land, the use ofland as grazing land, meadow
land, osier land, market gardens and nursery grounds and !he use of land for woodlands where that
use is ancillary to the farming of land ["or any other purpose. "Agricultural" shall be construed
accordingly.
AMUSEMENT USE: The use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic gam.es, pinball games and slot
machine arcades and billiard and pool halls.
ANIMAL UNIT: Any one of the following animals or groups of animals:
I bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
I cow (including calf);
I 00 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg= 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg= 1 unit);
X turkeys, ducks, geese (based on 2,268 kg
l unit).
APARTMENT BUILDING: A hL1ilding containing three or more dwelling units, but does not
include a row dwelling.
APPLICANT: A person who has applied to an Authority for an approval or permit to carry out a
development.
APPEAL BOARD: The appropriate Appeal Board established under the Act.
ARTERIAL STREET: The streets in the Planning Area constituting the main traffic arteries of the
area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map.
AUTHORITY: The Town Council of Port Blandford.
BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons other
than the immediate family of the owner or tenant.
BUILDING: Every structure, erection, excavation, alteration or improvement whatsoever placed on,
over or under land, or attached, anchored or moored to land, and inchtdes mobile structures, vehicles
and marine vessels adapted or constructed forresidential, commercial, industrial and other like uses,
and any part of a building as so defined and any fixtures that form part of a building.
BUILDING HEIGHT: 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 strncture, smokestacks,
steeples and purely ornamental structures above a roof. (Refer to Minister's Development
Regulations, January 2, 2001)
BUILDING LINE: 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. (Refer to Minister's Development Regulations,
January 2, 2001)
COLLECTOR STREET: A street that is designed to link local streets with arterial streets and which
is designated as a collector street in the Municipal Plan, or on the Zoning Map.
DAYCARE CENTRE or DAY NURSERY: A building or part of a building in which services mid
activities are regularly provided to children of pre-school age during the full daytime period as defined
under the Day Nurseries Act, but does not include a school as defined by the Schools Act.
DEVELOPMENT: The canying out of any building, engineering, mining or other operations in, on,
over, or under land, or the making of any material change in the use, or the intensity of use of any
land, buildings, or premise and without limiting the generality of the foregoing, shall specifically
include:
(a')
(b)
(c)
the making of an access onto a highway, road or way;
the erection of an advertisement or sign;
the parking of a trailer, or vehicle of any description used for the sale of refreshments
or merchandise, or as an office, or for living accommodation, for any period of time;
and shall exclude:
(d)
the carrying out of works for the maintenance, improvement or other alteration or any
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building;
( e)
the canying out by a highway Authority of any works required for the maintenance or
improvement of a road, being works canied out on land within the boundaries oflhc
road reservation;
(f)
the canying out by any local Authority or statutory undertakers of any works for the
purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other
apparatus, including the breaking open of any street or other land for that purpose;
(g)
the use of any building or land within the courtyard of a dwelling house for any
purpose incidental to the enjoyment of the dwelling house as such.
DEVELOPMENT REGULATIONS: Regulations respecting development that have been enacted
by the relevant Authority.
DISCRETIONARY USE: A use that is listed within the discretionary use classes established in the
use zone tables of an Authority's development regulations, (Refer to Minister's Developmeot Regulations,
January 2, 2001)
DIRECTOR: The Director of Urban and Rural Planning,
DOUBLE DWELLING: A building containing two dwelling units, placed one above the other, or
side by side, hut does not include a self-contained dwelling containing a subsidiary apartment.
DWELLING UNIT: A seH~contained unit consisting of one or more habitable rooms used or
designed as the living quarters for one household.
ENGINEER: A professional engineer employed or retained by the Authority.
ESTABLISHED GRADE:
(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 entrenclunent, 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. (Refer to Minister's Development Regulations,
January 2, 2001)
FAMILY AND GROUP CARE CENTRE: A dwelling accommodating up to but no more than six
(6) persons exclusive of staff in a home-like setting. Subject to the siz.e limitation, this definition
includes, but is not limited to, the facilities called "Group Homes", "Halfway House", and "Foster
H'ome
11
-
FLOOR AREA: The total area of all floors in a building measured to the outside face of exterior
walls. (R~fer to Minister's Development Regulations, January 2, 2001)
FRONTAGE: The horizontal distance between side lot lines measured at the building line. (Refer to
Minister's Development Regula/tons, January 2, 2001)
FRONT YARD DEPTH: The distance between the front lot line of a lot and the front wall of the
main building on the lot.
GARAGE: A building erected for the storage of motor vehicles as an ancillary use to a main building
on the lot.
GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up, demolishing,
or treating any article, commodity or substance. "IndLtstry" shall be construed accordingly.
GENERAL GARAGE: Land or buildings used exclusively for repair, maintenance and storage of
motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY: The use of land or bLti !clings for industrial purposes involving the use
of materials or processes which because of their inherent characteristics, constitute a special fire,
explosion, radiation or other hazard.
INSPECTOR: Any person appointed and engaged as an Inspector by the Authority or by any federal
or provincial Authority or the agent thereof.
INSTITUTION: A building or part thereof occupied or used by persons who:
(a)
are involuntarily detained, or detained for penal or correctional purposes, or whose
liberty is restricted, or;
(b)
require special care or treatment because of age, mental or physical limitations or
medical conditions.
LAND: Includes land covered by water, and buildings and structures on, over, or under the soil and
fixtures that form part of these buildings and structures.
LIGHT INDUSTRY: Use of any land or buildings for any general industrial use that can be carried
out without hazard or intrusion and without detriment to the amenity of the surrounding area by reason
of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
LOCAL STREET: A street designed primarily to provide access to adjoining land and which is not
designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map.
LODGING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons other than
the immediate family of the owner or tenant.
LOT: Any plot, tract or parcel ofland which can be considered as a unit ofland for a particular use
or building. (R~fer to Minister's Development Regulations, January 2, 200 I)
LOT AREA: The total horizontal area within the lot lines of the lot. (Refer to Minis/er>· Development
Regulations. Jonuary 2, 200 I)
LOT COVERAGE: The combined area of all buildings on the lot measured at the level of the
lowest floor above the established grade expressed as a percentage of the total area ofthe lot. (Refer
to A1in1,jfer's Developntent Regulations, JanUCt.1]' 2, 2001)
MINERAL \VORKING: Land or buildings used for the working or extraction of any naturally
occurring substance.
MOBILE HOME: A transportable factory-built single family dwelling unit:
(a)
which complies with space standards substantially equal to those laid down in lhe
Canadian Code for Residential Construction and is in accordance with the construct ion
standards laid down and all other applicable Provincial and Municipal Codes and;
(b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot, and
subsequently supported on its own wheels, jacks, posts or piers, or on a
permanent foundation and;
(ii)
connected to exterior public utilities approved by the Authority, namely, piped
water, piped sewer, electricity and telephone, in order for such mobile home
unit to be suitable for year round term occupancy.
MOBILE HOME PARK: A mobile home development under single or joint ownership, cared for
and controlled by a mobile home park operator where individual mobile home lots are rented or leased
with or without mobile home units placed on them and where ownership and responsibility for the
maintenance and development of site facilities including underground services, access roads,
communal areas, snowclearing and garbage collection, or any of them, are the responsibility of the
mobile home park management, and where the mobile home development is classified as a rnobile
borne park by the Authority.
MOBILE HOME SUBDIVISION: A mobile home development requiring the subdivision ofland
whether in single or joint ownership into two or more pieces or parcels of land for the purpose of
locating thereon mobile home units under either freehold or leaseho.ld tenure and where the
maintenance of streets and services is the responsibility of a municipality or public Authority, and
where the mobile home development is classified as a mobile home subdivision by the Authority.
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.
(Refer to Minister's Development Regulations, January 2, 2001)
O\VNER: means a person or an organization of persons owning or having the legal right to use the
land under consideration. (Refe1· 10 Minister's Development Regulations, January 2, 2001)
PER.J\HTTEO USE: means a use that is listed within the pennitted use classes set out in the use zone
tables of an Authority's development regulations. (Refer to Minzster's Development Regulatwns, January 2.
2001)
PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working.
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. (Refer
to Mimster's Developmenl Regulations, Januar}' 2, 2001)
REAR YARD DEPTH: means the distance between the rear lot line and the rear wall of the maio
building on the lot. (Refer to Mmister's Development Regulations. January 2, 2001)
RESTAURANT: A building or part thereof, designed or intended to be used or occupied for the
purpose of serving the general public with meals or refreshments for consumption on the premises.
ROW DWELLING: Three or more dwelling units at ground level in one building, each unit
separated vertically from the others.
SEASONAL RESIDENCE: A dwelling which is designed or intended for seasonal or recreational
use, and is not intended for use as permanent living quarters.
SERVICE STATION; Any land or building used exclusively for the sale of petroleum products,
automotive parts and accessories, minor repairs, washing and polishing of motor vehicles.
SERVICE STREET: A street constructed parallel to or close to another street for the purpose of
limiting direct access to that street.
SHOP: A building or part thereof used for retail trade wherein the primary purpose is the selling or
offering for sale of goods, wares or merchandise hy retail or the selling or offering for sale of retai 1
services but does not include an establishment wherein the primary purpose is the serving of meals
or refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE: A group of shops and complementary uses with integrated parking and
which is planned, developed and designed as a unit containing a minimum ors retail establishments.
SHOWROOM: A building or part of a building in which samples or patterns are displayed and in
which orders may be taken for goods, wares or merchandise, including vehicles and equipment, for
later deli very.
SIDE YARD DEPTH: means the distance between a side lot line and the nearest side wall of any
building on the lot. (Refer to Min1~1·ter's Development Regulations, January 2. 2001)
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 ofadvertiscments.(Refer
to Mims/er 's Development Regulations, January 2, 200 I)
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. (Refer to Minister's
Developrnent Regulations, Januar.v 2, 2001)
STREET LINE: means the the edge of a street reservation as defined by the Authority having
jurisdiction. (R~fer to Minister's Development Regulations, January 2, 2001)
SUBDIVISION: The dividing of any land, whether in single or joint ownership, into two or more
pieces for the purpose of development.
SUBSIDIARY APARTMENT: A separate dwelling Lmit constructed within and subsidiary to a self:.
contained dwelling.
TAKE-OUT FOOD SERVICE: A building in which the primary purpose is the preparation and sale
of meals or refreshments for consumption off !he premises.
TAVERN: Includes a nightclub and means a building licensed or licensable under the Liquor Control
/\ct wherein meals and food may be served for consumption on the premises and in which
entertainment may be provided.
USE: means a building or activity situated on a lot or a development pennitted on a lot. (Refer to
Minister's Development Regu!atwns, January 2, 2001)
USE ZONE or ZONE: means an area ofland including buildings and water designated on the zoning
map to which the uses, standards and conditions ofa particular use zone table apply. (Refer to Minister's
Development Regulations, January 2, 2001)
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. (Refer to Minister's Development Regulations, January 2, 2001)
ZONING MAP: The map or maps attached to and fanning part of the Authority's regulations. (Refer
to .Mimster'.1· Development Regulations, January 2, 200./)
Schedule B
Page I
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
NOTE:
GROUP
A. ASSEMBLY
USES
The classification of uses set out in the following table is based on the
Classification of Typical Occupancies included as Table 3.1.2.A of the National
Building Code of Canada, 1980. This classification is referred to in Regulation 84.
DIVISION
CLASS
EXAMPLES
I. Assembly Uses for
(a) Theatre
Motion Picture Theatres
the production and viewing
T.V. Studios admitting an
of the performing arts.
audience.
2. General Assembly
(a) Cultural
Libraries
Uses
and Civic
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(b) General
Community Halls
Assembly
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowling Alleys
(c) Educational
Schools
Colleges
(non- residential)
(d) Place of
Churches and similar
Worship
places of worship.
Church Halls
(e) Passenger
Passenger Terminals
Assembly
(f) Club and
Private Clubs and
Lodge
Lodges (non-residential)
(g) Catering
Restaurants
Bars
Lounges
(h) Funeral
Funeral Homes and
Home
Chapels
(i) Child Care
Day Care Centres
(j) Amusement
Electronic Games
Arcades
Pinball Parlours
Poolrooms
Schedule B
Page 2
CLASSIFICATION OF USES OF LAND AND BUILOINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
3. Arena-type Uses
(a) Indoor
Arenas
USES
Assembly
Armouries
(continued)
Ice Rinks
Indoor Swimming Pools
4. Open-air Assembly Uses
(a) Outdoor
Bleachers
Assembly
Grandstands
Outdoor Ice Rinks
and Swimming
Pools
Amusement Parks
and Fair-grounds
Exhibition
Grounds
Drive-in Theatres
B. INSTITU-
1. Penal and Correctional
(a) Penal and
Jails
TIONAL
Institutional Uses
Correctional
Penitentiaries
USES
Detention
Police Stations (with
detention
quarters)
Prisons
Psychiatric Hospitals (with
detention quarters)
Reformatories
2. Special Care
(a) Medical
Children's Homes
Institutional Uses
Treatment
Convalescent Homes
and Special
Homes for Aged
Care
Hospitals
Infirmaries
Orphanages
Psychiatric Hospitals
Sanatoria
C. RESIDENTIAL
1. Residential
(a) Single
Single Detached
USES
Dwelling
Dwelling
Dwellings
Uses
Family & Group Homes
(b) Double
Semi-detached Dwelling
Dwelling
Duplex Dwellings
Family & Group
Homes
(c) Row
Row Houses
Dwelling
Town Houses
Family & Group
Homes
(d) Apartment
Apartments
Building
FamHy & Group
Homes
Schedule B
Page 3
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDENTIAL
2. General Residential Uses
(a) Collective
Residential
Colleges &
USES
(continued)
Residential
Schools University &
(continued)
College Halls
of
Residence
Convents & Monasteries
Nurses and
Hospital
Residences
(b) Boarding
Boarding Houses
House
Lodging Houses
Residential
(c) Commercial
Hotels & Motels
Residential
Hostels
Residential Clubs
(d) Seasonal
Summer Homes & Cabins
Residential
Hunting & Fishing Cabins
(e) Mobile
Mobile Homes
Hornes
D. BUSINESS
1. Business, Professional, and
(a) Office
Offices (including
& PERSONAL
Personal Service Uses
Government Offices)
SERVICE
Banks
USES
(b) Medical &
Medical Offices
and
Professional
Consulting
Rooms
Dental Offices &
Surgeries
Legal Offices
Similar Professional
Offices
(c) Personal
Barbers
Service
Hairdressers
Beauty Parlours
Small Appliance
Repairs
(d) General
Self-service
Service
Laundries
Dry Cleaners (not
using flammable
or explosive
substances)
Small Tool and
Appliance
Rentals
Travel Agents
Schedule B
Page 4
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
1. Business,
(e) Communications
Radio Stations
PERSONAL
Professional
Telephone
SERVICE
& Personal
Exchanges
USES
Service Uses
(I) Police
Police Stations
(continued)
(continued)
Station
without
detention
quarters
(g) Taxi Stand
Taxi Stands
(h) Take-out
Take-out Food
Food Service
Service
(i) Veterinary
Veterinary Surgeries
E. MERCANTILE
1. Retail Sale and
(a) Shopping
Shopping Centres
USES
Display Uses
Centre
(b) Shop
Retail Shops and
Stores and
Showrooms
Department
Stores
(c) Indoor
Market Halls
Market
Auction Halls
(d) Outdoor
Market Grounds
Market
Animal Markets
Produce and
Fruit Stands
Fish Stalls
(e) Convenience
Confeciionary
Store
Stores
Corner Stores
Gift Shops
Specialty Shops
F. INDUSTRIAL
1. Industrial uses involving
(a) Hazardous
Bulk Storage of
USES
highly combustible and
Industry
hazardous
hazardous substances
liquids and sub-
and
stances.
processes.
Chemical Plants
Distilleries
Feed Mills
Lacquer, Mattress,
Paint, Varnish,
and Rubber
Factories
Spray Painting
Schedule B
Page 5
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
2. General
(a) General
Factories
USES
Industrial
Industry
Cold Storage
Plants
(continued)
Uses involving
Freight Depots
Limited
General Garages
Hazardous
Warehouses
Substances and
Workshops
Processes.
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
(b) Service
Gasoline Service Stations
Station
Gas Bars
3. Light, Non·
(a) Light
Light Industry
hazardous or
Industry
Parking Garages
Non-intrusive
Indoor Storage
Industrial Uses.
Warehouses
Workshops
G. NON-
1. Uses not directly
(a) Agriculture
Commercial Farms
BUILDING
related to
Hobby Farms
USES
building
Market Gardens &
Nurseries
(b) Forestry
Tree Nurseries
Silviculture
(c) Mineral
Quarries
Working
Pits
Mines
Oil Wells
(d) Recreational Open
Playing Fields
Space
Sports Grounds
Parks
Playgrounds
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural, Historical
and
Scenic Sites
Steep Slopes
Wildlife Sanctuaries
(f) Cemetery
Cemeteries
Graveyards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
Schedule B
Page 6
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G. NON-
I. Uses not directly
(h) Solid Waste
Solid Waste Disposal
BUILDING
related to building.
Sanitary Land Fill
USES
(continued)
Incinerators
(continued)
(i) Animal
Animal Pounds
Kennels
Zoos
(j) Antenna
TV, Radio and
Communications
Transmitting and
Receiving Masts
and Antennae
(k) Transportation
Airfields
Railway Yards
Docks and Harbours
SCHEDULE "C"
USE ZONE TABLES
This schedule contains tables showing the use classes which
may be permitted or which may be treated as discretionary use
classes for the purposes of these Regulations.
The tables also
indicate the required standards of development and may also include
conditions affecting some or all of the use classes.
The schedule contains tables for the following Use Zones:
Mixed Development
Residential - Medium Density
Industrial - General
Recreational Resort
Cemetery
Recreation
Watershed
Conservation Buffer
National Park
Rural Resource
Forestry Reserve
"SCHEDULE C" -
PORT BLANDFORD
Page 1
USE ZONE TABLE:
ZONE SYMBOL -
MD
1 of 4
ZONE TITLE:
MIXED DEVELOPMENT
PERMITTED USE CLASSES (see regulation 85):
Theatre, cultural
and civic, general assembly, place of worship, passenger
assembly, club and lodge, catering, funeral home, child care,
amusement, single dwelling, double dwelling, subsidiary
apartment, apartment building, boarding house residential,
office, medical and professional, personal service, general
service, communications, take-out food service, shop, outdoor
market, recreational open space.
DISCRETIONARY USE CLASSES (see regulations 22 and 85):
Row
dwelling, commercial residential, educational, taxi stands,
convenience store, service station, light industry, antenna.
CONPITIONS
1.
Development Standards:
(i)
The development standards for this zone shall be as
follows (except for residential development):
(a) Minimum Building Line Setback
8 metres
(b) Minimum Sideyard Width
5 metres
(c) Minimum Rearyard
10 metres
(d) Maximum Height
10 metres
(ii)
Residential development standards shall conform to
the Residential-Medium Density Zone.
2.
Discretionary Use Classes:
The discretionary use classes listed in this table may be
permitted at the discretion of the Authority provided
that they are compatible or complementary to uses within
the permitted use classes or that their development will
not inhibit or prejudice the existence or the development
of such uses.
3.
Advertisements Relating to On-site Uses:
The conditions which shall apply to the erection or
display of an advertisement on any lot or site occupied
by a permitted or legal non-conforming use in this zone
shall be as follows:
(i) The erection or display of advertisements
specified in Regulation 63 is permitted without
application to the Authority.
(ii) The size, shape, illumination and material
construction of the advertisement shall meet the
requirements of the Authority, having regard to the
safety and convenience of users of adjacent streets
and sidewalks and the general amenities of the
surrounding area.
(iii) No advertisement shall exceed 5 metres in
area.
"SCHEDULE C11
-
PORT BLANDFORD
Page 2
USE ZONE TABLE:
ZONE SYMBOL -
MD
ZONE TITLE:
MIXED DEVELOPMENT
CONQITIONS (continue4l
4.
Advertisements Relating to Off-site Uses:
2 of 4
The conditions to be applied to the erection or display
of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a
specific land use, shall be as follows:
(i) Each advertisement shall not exceed three square
metres in area.
(ii) When the advertisements relate to a specific
land use, they shall be located within a reasonable
distance of, and only show thereon the name and
nature of the distance or direction to, the premises
to which they relate.
(iii) The location, siting and illumination of each
advertisement shall be to the satisfaction of the
Authority, having regard to the grade and alignment
of streets, the location of street junctions, the
location of nearby buildings and the preservation of
the amenities of the surrounding area.
5.
Accessory Buildings
Accessory buildings shall have a lot coverage no greater
than seven (7) percent or a height of no more than three
(3) metres.
6.
Access
The number of accesses to the street shall be limited by,
and designed to the satisfaction of, the Authority,
having regard to the safety and efficiency of the street
for both vehicles and pedestrians.
7.
Protection for Residential Uses
Adverse effects of any proposed development on adjacent
residential uses shall be prevented or minimized through
proper site planning and the provision of buffering by
the developer to the satisfaction of the Authority.
8.
Subsidiary Apartments
Subsidiary apartments may be permitted in single
dwellings only, and for the purposes of calculating lot
area and yard requirements, shall be considered part of
the single dwelling.
Provision shall be made for at
least two off-street parking spaces with the inclusion of
a subsidiary apartment.
9.
Business and Professional Uses
Business and professional uses which provide personal
services, small business services, small appliance repair
"SCHEDULE C" -
PORT BLANDFORD
Page 3
USE ZONE TABLE:
ZONE SYMBOL -
MD
3 of 4
ZONE TITLE:
MIXED DEVELOPMENT
CONDITIONS !continued)
and sporting goods repair services may be permitted in a
single dwelling provided that:
(i) The use is clearly a subsidiary use to
the residential use and does not detract
from the residential character,
(ii) No wholesale sales or storage of
goods is carried out and any retail sales
are incidental and subsidiary to the
approved use,
(iii) No repairs to vehicles or heavy
equipment are carried out,
(iv) Activities associated with the use
are not hazardous and do not cause
noticeable noise, odour, dust or fumes or
inconvenience and are not apparent to
occupants of adjoining residences,
(v) Not more than twenty-five (25) percent
of the total floor area of the dwelling,
up to a maximum of forty-five square
metres, is devoted to the use,
(vi) No change shall be made in the type,
class or extent of service provided
without a permit.
10. Service Stations
The following requirements shall apply to all service
stations:
(i) All gasoline pumps shall be located on
pump islands designed for such purpose,
and to which automobiles may gain access
from either side.
(ii) Pump islands shall be set back at
least four (4) metres from the front lot
line.
(iii) Accesses shall be not less than
seven (7) metres wide and shall be clearly
marked, and where a service station is
located on a corner lot, the centre line
of any access shall be at least thirty
(30) metres from the centre line of the
junction.
The lot line between entrances
shall be clearly indicated.
"SCHEDULE C" -
PORT BLANDFORD
Page 4
USE ZONE TABLE:
ZONE SYMBOL -
MD
MIXED DEVELOPMENT
CONDITIONS (continued)
11. Parking and Loading
4 of 4
Any non-residential establishment shall provide adequate
off-street parking and loading facilities on the site for
all employees, for all vehicles likely to be used in or
associated with the activity carried out on the site, and
for vehicles of customers, clients, or other persons who
visit the establishment.
12. Open Storage
open storage shall not be located in the front or
sideyards, nor in required buffer areas, and shall be
enclosed by a wall or fence not less than 2 metres in
height, constructed of uniform materials approved by the
Authority.
The wall or fence may comprise the screening
or fencing required by the Authority as buffering.
Open
storage areas shall be maintained with a stable surface
to prevent dispersion of dust, clay, mud and loose
particles.
13. services
All development must be connected to the municipal water
and sewer system.
"SCHEDULE C11
-
PORT BLANDFORD
Page 5
USE ZONE TABLE:
ZONE SYMBOL - R(MD)
1 of 4
ZONE 'l'I'l'LE:
RESIDENTIAL-MEDIUM DENSITY
PERMI'l''l'ED USES (see regulation 85):
single dwelling, double
dwelling, row dwelling, subsidiary apartment, educational,
recreational open space, conservation, interim domestic
forestry.
DISCRETIONARY USES (see regulations 22 and 85):
mobile homes,
mini homes, apartment building, place of worship, child care,
boarding house residential, medical and professional, pe~onal
services, convenience store, antenna. 0 -bi>& + 1wt~.fc."l>f fbi,id-f.
DEVELOPMENT
Single
Double
Row
Accessory
S'l'ANDARDS
Dwelling
Dwelling
Dwelling Buildings
(Minimum)
Lot Area (m2)
450
3901
3502
Floor Area (m2)
80
so 1
651
Frontage (m)
15
26
122
Building Line
Setback (m)
6
6
8
8
Sideyard Width (m)
1
1
1
1
-
, _ _, nepth (m)
11
11
11
1
DEVELOPMENT
S'l'ANDARDS
(Maximum)
Lot Coverage (%)
33
JJ
33
7
Buildi
ght (m)
8
8
10
3
SERVICES
Water and Sewer
Must be capable of connection to
municipal services of adequate capacity
Road
Must have direct access to a public
street
CONDITIONS
1.
Residential Density:
In the Residential Medium Density Zone there shall be no
more than 20% apartment units, or a combination of
apartment and row housing, and double dwelling units, the
remainder being single dwellings.
2.
Discretionary Use Classes:
The discretionary use classes listed in this table may be
permitted at the discretion of the Authority provided
they are compatible or complementary to uses within the
permitted use classes or their development will not
inhibit or prejudice the existence or the development of
such uses.
1.
Per dwelling unit
2.
Average per dwelling unit
"SCHEDULE C" -
PORT BLANDFORD
Page 6
ZONE TABLE:
ZONE SYMBOL -
R(MD)
2 of 4
ZONE TITLE:
RESIDENTIAL-MEDIUM DENSITY
DEVELOPMENT
APARTMENT BUILDING
STANDARDS
bach-
1
2
3
4
(Minimum)
el or
bedroom
bedroom bedroom bedroom
Lot Area per
150
170
210
250
250
Dwelling Unit (m2)
Floor Area per
(m2)
Dwelling Unit
40
50
60
70
80
Frontage (m)
30
Building Line
Setback (m)
8
Sideyard Width (m)
5
Rearvard Depth (m)
14
DEVELOPMENT
STANDARDS
(Maximum)
Lot Coverage (%)
33
Height (m)
10
SERVICES
Water and Sewer
Must be capable of connection to
municipal services of adequate capacity
Road
Must have direct access to a public
street
CONDITIONS (continued)
3.
Discretionary Uses - Site Standards:
Unless otherwise specified, discretionary use classes
involving buildings shall conform to the frontage,
building line setback, sideyard, rearyard, lot coverage
and height requirements specified for a single dwelling.
4.
Advertisements Relating to On-site Uses:
The conditions which shall apply to the erection or
display of an advertisement on any lot or site occupied
by a permitted or legal non-conforming use in this zone
shall be as follows:
(i) The erection or display of advertisements
specified in Regulation 63 is permitted without
application to the Authority.
(ii) The size, shape, illumination and material
construction of the advertisement shall meet the
requirements of the Authority, having regard to the
safety and convenience of users of adjacent streets
and sidewalks and the general amenities of the
surrounding area.
(iii) No advertisement shall exceed 5 metres in
area.
"SCHEDULE C" -
PORT BLANDFORD
Page 7
USE ZONE TABLE:
ZONE SYMBOL -
R(MD)
J of 4
TITLE:
RESIDENTIAL-MEDIUM DENSITY
CONPITIONS (continued)
5.
Advertisements Relating to Off-site Uses:
The conditions to be applied to the erection or display
of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a
specific land use, shall be as follows:
6.
Access
(i) Each advertisement shall not exceed three square
metres in area.
(ii) When the advertisements relate to a specific
land use, they shall be located within a reasonable
distance of, and only show thereon the name and
nature of the distance or direction to, the premises
to which they relate.
(iii) The location, siting and illumination of each
advertisement shall be to the satisfaction of the
Authority, having regard to the grade and alignment
of streets, the location of street junctions, the
location of nearby buildings and the preservation of
the amenities of the surrounding area.
The number of accesses to the street shall be limited by,
and designed to the satisfaction of, the Authority,
having regard to the safety and efficiency of the street
for both vehicles and pedestrians.
7.
Protection for Residential Uses
Adverse effects of any proposed development on adjacent
residential uses shall be prevented or minimized through
proper site planning and the provision of buffering by
the developer to the satisfaction of the Authority.
8.
Subsidiary Apartments
Subsidiary apartments may be permitted in single
dwellings only, and for the purposes of calculating lot
area and yard requirements, shall be considered part of
the single dwelling.
Provision shall be made for at
least two off-street parking spaces with the inclusion of
a subsidiary apartment.
9.
Medical, Professional and Personal Uses
Medical, professional and personal service uses may be
permitted as a discretionary use in a dwelling unit in
the form of doctors' consulting rooms, personal services,
small business services, small appliance repair
and sporting goods repair service and similar uses
provided that:
"SCHEDULE C" -
PORT BLANDFORD
Page 8
USE ZONE TABLE:
ZONE SYMBOL -
R(MD)
RESIDENTIAL-MEDIUM DENSITY
CONDITIONS (continued)
(i) The use is clearly a subsidiary use to
the residential use and does not detract
from the residential character,
(ii) No wholesale sales or storage of
goods is carried out and any retail sales
are incidental and subsidiary to the
approved use,
(iii) No repairs to vehicles or heavy
equipment are carried out,
(iv) Activities associated with the use
are not hazardous and do not cause
noticeable noise, odour, dust or fumes or
inconvenience and are not apparent to
occupants of adjoining residences,
(v) Not more than twenty-five (25) percent
of the total floor area of the dwelling,
up to a maximum of forty-five square
metres, is devoted to the use,
(vi) No change shall be made in the type,
class or extent of service provided
without a permit.
10. Convenience Stores
Convenience stores will only be permitted as a
discretionary use under the following conditions:
4 of 4
(i) The store shall form part of, or be attached to,
a dwelling unit,
(ii) The retail use shall be subsidiary to the
residential character of the area, and shall not
affect residential amenities of adjoining
properties,
(iii) Off-street parking for at least two
automobiles shall be provided for the use of
customers,
(iv) Not more than one convenience store shall be
permitted for every 100 dwelling units in the zone.
11. Mobile Homes
Mobile Homes shall be located in Mobile Home Parks and
Subdivisions that meet the standards and requirements of
the Mobile Home Development Regulations, 1976, as amended
from time to time.
"SCHEDULE C" -
PORT BLANDFORD
Page 9
USE ZONE TABLE:
ZONE SYMBOL -
IND(G)
1 of 3
ZONE TITLE:
INDUSTRIAL-GENERAL
PERMITTED USES (see regulation 85): General industry, service
station and light industry, interim domestic forestry
DISCRETIONARY USES (see regulations 22 and 85):
Passenger
assembly, catering, general service, communications, taxi
stand, veterinary, indoor market, outdoor market, convenience
store, scrap yard, animal, and antenna.
CONDITIONS
1.
Development Standards:
2.
The development standards for the Industrial-General zone
shall be as follows:
(a) Minimum Building Line Setback
10 metres
(b) Minimum Sideyard Width
5 metres
(c) Minimum Rearyard Depth
15 metres
(d) Maximum Height
14 metres
Qi~cretionary Use Classes
The discretionary use classes listed in this table may be
permitted at the discretion of the Authority provided
that they are compatible or complementary to uses within
the permitted use classes or that their development will
not inhibit or prejudice the existence or the development
of such uses.
3.
Advertisements Relating to On-site Uses:
The conditions which shall apply to the erection or
display of an advertisement on any lot or site occupied
by a permitted or legal non-conforming use in this zone
shall be as follows:
(i) The erection or display of advertisements
specified in Regulation 63 is permitted without
application to the Authority.
(ii) The size, shape, illumination and material
construction of the advertisement shall meet the
requirements of the Authority, having regard to the
safety and convenience of users of adjacent streets
and sidewalks and the general amenities of the
surrounding area.
(iii) No advertisement shall exceed 5 metres in
area.
4.
Advertisements Relating to Off-site Uses:
The conditions to be applied to the erection or display
of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a
specific land use, shall be as follows:
"SCHEDULE C" -
PORT BLANDFORD
Page 10
USE ZONE TABLE:
ZONE SYMBOL -
IND(G)
2 of 3
TITLE:
INDUSTRIAL-GENERAL
CONDITIONS (continued)
(i) Each advertisement shall not exceed three square
metres in area.
5.
Access
(ii) When the advertisements relate to a specific
land use, they shall be located within a reasonable
distance of, and only show thereon the name and
nature of the distance or direction to, the premises
to which they relate.
(iii) The location, siting and illumination of each
advertisement shall be to the satisfaction of the
Authority, having regard to the grade and alignment
of streets, the location of street junctions, the
location of nearby buildings and the preservation of
the amenities of the surrounding area.
The number of accesses to the street shall be limited by,
and designed to the satisfaction of, the Authority,
having regard to the safety and efficiency of the street
for both vehicles and pedestrians.
6.
outdoor Storage
outdoor storage shall be located on the rearyard of the
lot so as to have minimum visual impact from the street.
7.
services
Industrial development shall not be permitted in this
zone unless approved water and sewer, road and fire
fighting capability designed to meet the needs of the
particular industrial uses permitted, and public safety,
are available.
8.
Buffer Strips
Where any industrial development permitted in this zone
abuts the perimeter of the zone, or is separated from it
by a road only, the developer shall provide a buffer
strip not less than 10 metres wide between the perimeter
and the industrial use in addition to the building line,
sideyard or rearyard requirements.
The buffer shall
include the provision of a natural or structural barrier,
as deemed necessary by the Authority, and shall be
maintained by the owner or occupier to the satisfaction
of the Authority.
9.
Protection of the Environment
Development applications may be subject to the review and
approval of the Environmental Investigations Division of
the Department of Environment and Lands.
"SCHEDULE C" -
PORT BLANDFORD
Page 11
USE ZONE TABLE:
ZONE SYMBOL -
IND(G)
3 of 3
II ZONE TITLE I
INDUSTRIAL-GENERAL
CONDITIONS (continued)
10. Building Height Variation
The Authority may permit the erection of buildings of a
height greater than that specified in the use zone table
but in such cases, the building line and the rear yard
requirements shall be varied as follows:
(i) The building line shall be increased by two (2)
metres for every one (1) metre increase in height.
(ii) The rear yard shall be not less than the
minimum building line calculated as described in (i)
above, plus six (6) metres.
11. Parking and Loading
Industrial establishments shall provide adequate off-
street parking and loading facilities on the site for all
employees, for all vehicles likely to be used in or
associated with the activity carried out on the site, and
for vehicles of customers, clients, or other persons who
visit the establishment.
12. Bulk storage of Flammable Liquids
All uses and structures for the bulk storage of flammable
liquids shall conform to the requirements of the
Provincial Fire Commissioner and shall be surrounded by
such buffers and landscaping as the Authority may require
in order to prevent damage to adjacent uses by fire,
explosion or spillage of flammable liquid.
"SCHEDULE C" -
PORT BLANDFORD
Page 12
USE ZONE TABLE:
ZONE SYMBOL -
ltR
1 of 3
ZONE TITLE:
RECREATIONAL RESORT
PERMITTED USES (see regulation 85):
col1'.1lllercial residential ,
theatre, catering, personal service, shop, indoor market,
recreational open space, conservation.
DISCRETIONARY USES (see regulations 22 and 85):
indoor
assembly, outdoor assembly, passenger assembly, convenience
store, take-out food service, taxi stand.
CONDITIONS
l.
Development standards:
2.
The development standards for the recreational resort
zone shall be as follows:
(a) Minimum Building Line Setback
20 metres
(b) Minimum Sideyard Width
15 metres
(c) Minimum Rearyard Depth
25 metres
(d) Maximum Height
10 metres
Height Restriction
Notwithstanding the maximum height standard, in no case
shall any development exceed the mean height of forest
cover in the development's ill1lllediate vicinity.
3.
pevelopment Applications
An application for development in the recreational resort
zone shall be accompanied by a site plan, tree survey,
road layout, building design details, applicable phasing
details and an assessment of development impact.
Appli-
cations for development within the area established by
the Port Blandford Development Area Order 1991 must have
the prior written permission of the Minister of
Development.
4.
Discretionary Use Classes
The discretionary use classes listed in this table may be
permitted at the discretion of the Authority provided
that they are compatible or complementary to uses within
the permitted use classes or that their development will
not inhibit or prejudice the existence or the development
of such uses.
5.
Accessory Uses
Accessory uses may be permitted as incidental to
permitted use classes.
Accessory uses are limited to
catering, passenger assembly, personal service, taxi
stand, and convenience store and are uses that are:
(i) clearly incidental to and customarily found in
connection with the principal use,
"SCHEDULE C" -
PORT BLANDFORD
Page 13
USE ZONE TABLE:
ZONE SYMBOL -
RR
2 of 3
ZONE TITLE:
RECREATIONAL RESORT
CONDITIONS (continµedl
(ii) subordinate in area, extent, or purpose to the
principal use served,
(iii) contributory to the comfort, convenience, or
necessity of occupants or business of the principal
use served, and
(iv) located within the principal building of the
use served.
6.
Advertisements Relating to On-Site Uses:
The conditions which shall apply to the erection or
display of any advertisement on any lot or site occupied
by a permitted or legal non-conforming use in this zone
shall be as follows:
(i) The erection or display of advertisements
specified in Regulations 63 is permitted without
application to the Authority.
(ii) The size, shape, illumination and material
construction of the advertisement shall meet the
requirements of the Authority, having regard to the
safety and convenience of users of adjacent streets
and sidewalks and the general amenities of the
surrounding area.
(iii) No advertisement shall exceed 5 metres in
area.
7.
Advertisements Relating to Off-site Uses:
The conditions to be applied to the erection or display
of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a
specific land use, shall be as follows:
(i) Each advertisement shall not exceed three square
metres in area.
(ii) When the advertisements relate to a specific
land use, they shall be located within a reasonable
distance of, and only show thereon the name and
nature of the distance or direction to, the premises
to which they relate.
(iii) The location, siting and illumination of each
advertisement shall be to the satisfaction of the
Authority, having regard to the grade and alignment
of streets, the location of street junctions, the
location of nearby buildings and the preservation of
the amenities of the surrounding area.
"SCHEDULE C" -
PORT BLANDFORD
Page 14
USE ZONE TABLE:
ZONE SYMBOL -
RR
ZONE TITLE:
RECREATIONAL RESORT
CONDITIONS (continued)
8.
Access
3 of 3
The number of accesses to the street shall be limited by,
and designed to the satisfaction of, the Authority,
having regard to the safety and efficiency of the street
for both vehicles and pedestrians.
9.
Outdoor storage
Outdoor storage shall not be permitted.
10. services
Development shall not be permitted in this zone unless
adequate water and sewer, road and fire fighting
capability designed to meet the needs of the particular
uses permitted, and public safety, are available.
11. Parking and Loading
Establishments shall provide adequate off-street parking
and loading facilities on the site for all employees, for
all vehicles likely to be used in or associated with the
activity carried out on the site, and for vehicles of
customers, clients, or other persons who visit the
establishment.
Parking lots greater than one (1) hectare
in area shall incorporate landscaping to ameliorate the
visual effects of the lots.
12. Take-out Food Seryice
Take-out food service may be considered on a
discretionary basis provided they serve recreational
activities only.
"SCHEDULE C" -
PORT BLANDFORD
Page 15
USE ZONE TABLE:
ZONE SYMBOI. - C
1 of 1
ZONE TITI.E:
CEMETERY
PERMITTED USES (see regulation 85):
Cemetery
CONDITIONS
1.
Advertisements Relating to On-site Uses
The erection or display of advertisements specified in
Regulation 63 is permitted without application to the
Authority.
"SCHEDULE C" -
PORT BLANDFORD
Page 16
USE ZONE TABLE:
ZONE SYMBOL -
R
1 of 2
ZONE TITLE:
RECREATION
PERMITTED USES (see regulation 85):
Recreational open space,
outdoor assembly, conservation.
DISCRETIONARY USES (see regulations 22 and 85) : indoor
assembly, take-out food service, antenna.
CONDITIONS
1.
Development Standards:
2.
The development standards for the open space-recreation
zone shall be as follows:
(a) Minimum Building Line Setback
20 metres
(b) Minimum Sideyard Width
15 metres
(c) Minimum Rearyard Depth
25 metres
(d) Maximum Height
10 metres
Take-out Foog Service
Take-out food service may be considered on a
discretionary basis provided the service is for patrons
of recreational activities only.
3.
Advertisements Relating to On-site Uses
The conditions which shall apply to the erection or
display of an advertisement on any lot or site occupied
by a permitted or legal non-conforming use in this zone
shall be as follows:
(i) The erection or display of advertisements
specified in Regulation 63 is permitted without
application to the Authority.
(ii) The size, shape, illumination and material
construction of the advertisement shall meet the
requirements of the Authority, having regard to the
safety and convenience of users of adjacent streets
and sidewalks and the general amenities of the
surrounding area.
(iii) No advertisement shall exceed 5 metres in
area.
4.
Advertisements Relating to Off-site Uses
The conditions to be applied to the erection or display
of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a
specific land use, shall be as follows:
(i) Each advertisement shall not exceed three square
metres in area.
(ii) When the advertisements relate to a specific
land use, they shall be located within a reasonable
distance of, and onl
show thereon the name and
"SCHEDULE C" -
PORT BLANDFORD
Page 17
USE ZONE TABLE:
ZONE SYMBOL - R
2 of 2
ZONE TITLE:
RECREATION
5.
Access
CONDITIONS (continued)
nature of the distance or direction to, the premises
to which they relate.
(iii) The location, siting and illumination of each
advertisement shall be to the satisfaction of the
Authority, having regard to the grade and alignment
of streets, the location of street junctions, the
location of nearby buildings and the preservation of
the amenities of the surrounding area.
The number of accesses to the street shall be limited by,
and designed to the satisfaction of, the Authority,
having regard to the safety and efficiency of the street
for both vehicles and pedestrians.
6.
services
All building development must be connected to the
municipal water and sewer system.
7.
Buffering
Adequate buffering as specified by Council shall be
required for conflicting land uses adjacent to recreation
development.
"SCHEDULE C" -
PORT BLANDFORD
Page 18
USE ZONE TABLE:
ZONE SYMBOL -
W
ZONE TITLE:
WATERSHED
1 of 1
PERMITTED USES (see regulation 85):
Maintenance and operation
of existing usesi maintenance, management and harvesting of
forest resources.
CONDITIONS
1.
Advertisements Relating to On-site Uses
The erection or display of advertisements specified in
Regulation 63 is permitted without application to the
Authority.
2.
Forest Management
All development applications for forestry resources
within watersheds shall be subject to the review,
assessment and authorization of the Department of
Forestry and Agriculture and the Environmental
Investigations Unit of the Department of Environment and
Lands.
3.
Protection of water supply
All development applications within watersheds, including
the maintenance and operation of existing uses, shall be
subject to investigation by the Environmental
Investigation Unit of the Department of Environment and
Lands and must comply with the Protected Watershed
Regulations.
TITLE:
"SCHEDULE C" -
PORT BLANDFORD
Page 19
USE ZONE TABLE:
ZONE SYMBOL -
CB
1 of 2
CONSERVATION BUFFER
PERMITTED USES (see regulation 85):
Conservation,
recreational open space, maintenance and operation of existing
uses.
DISCRETIONARY USES (see regulations 22 and 85): Uses
compatible or complementary to permitted uses.
CONDITIONS
1.
piscretionary Use Classes
Discretionary uses may be permitted at the discretion of
the Authority provided that they are compatible or
complementary to uses within the permitted use classes or
that their development will not inhibit or prejudice the
existence or the development of such uses.
2.
Advertisements Relating to On-site Uses
The conditions which shall apply to the erection or
display of an advertisement on any lot or site occupied
by a permitted or legal non-conforming use in this zone
shall be as follows:
(i) The erection or display of advertisements
specified in Regulation 63 is permitted without
application to the Authority.
(ii) The size, shape, illumination and material
construction of the advertisement shall meet the
requirements of the Authority, having regard to the
safety and convenience of users of adjacent streets
and sidewalks and the general amenities of the
surrounding area.
(iii) No advertisement shall exceed 5 metres in
area.
3.
Advertisements Relating to Off-site Uses
The conditions to be applied to the erection or display
of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a
specific land use, shall be as follows:
(i) Each advertisement shall not exceed three square
metres in area.
(ii) When the advertisements relate to a specific
land use, they shall be located within a reasonable
distance of, and only show thereon the name and
nature of the distance or direction to, the premises
to which they relate.
(iii) The location, siting and illumination of each
advertisement shall be to the satisfaction of the
Authority, having regard to the grade and alignment
of streets, the location of street junctions, the
location of nearby buildings and the preservation of
the amenities of the surrounding area.
"SCHEDULE C11
-
PORT BLANDFORD
Page 20
USE ZONE TABLE:
ZONE SYMBOL -
CB
ZONE TITLE:
CONSERVATION BUFFER
CONDITIONS (continued)
4.
Protection of water Resources and the Environment
2 of 2
All development applications in the Conservation Buffer
zone shall be subject to the review and approval of the
Environmental Investigations Division of the Department
of Environment and Lands.
5.
Protection of Fish Habitat
All applications for development within conservation
buffers adjacent to fresh or salt water shall be subject
to the review, assessment and authorization of Fisheries
and Oceans Canada.
6.
Protection of Protected Road
All development applications within the conservation
buffer adjacent to the Trans-Canada Highway shall be
subject to the review, assessment and authorization of
the Development Control Division of the Department of
Municipal and Provincial Affairs.
7.
Services
All building development must be connected to the
municipal water and sewer system.
"SCHEDULE C11
-
PORT BLANDFORD
Page 21
USE ZONE TABLE:
ZONE SYMBOL -
NP
1 of 1
ZONE TITLE:
NATIONAL PARK
PERMITTED USES:
National Park.
CONDITIONS
1.
Deyelopment Applications
All development applications within the National Park
zone shall comply with the Terra Nova National Park
Management Plan and be subject to the review, assessment
and authorization of Canadian Parks Service, Environment
Canada.
"SCHEDULE C" -
PORT BLANDFORD
Page 22
USE ZONE TABLE:
ZONE SYMBOL -
RU
ZONE TITLE:
RURAL RESOURCE
PERMITTED USES (see regulation 85):
Mineral exploration,
forest management and harvesting, agriculture, animal,
recreation, conservation, fishing, hunting and trapping.
1 of 5
DISCRETIONARY USES (see regulations 22 and 85):
single
dwelling, seasonal residence, outdoor assembly, outdoor
market, cemetery, antenna, uses compatible or complementary to
itted uses.
"'-
. I q3
CONDITIONS
1.
Discretionary Use Classes
Discretionary uses may be permitted at the discretion of
the Authority provided that they are compatible or
complementary to uses within the permitted use classes or
that their development will not inhibit or prejudice the
existence or the development of such uses.
2.
Advertisements Relating to On-site Uses
The conditions which shall apply to the erection or
display of an advertisement on any lot or site occupied
by a permitted or legal non-conforming use in this zone
shall be as follows:
(i) The erection or display of advertisements
specified in Regulation 63 is permitted without
application to the Authority.
(ii) The size, shape, illumination and material
construction of the advertisement shall meet the
requirements of the Authority, having regard to the
safety and convenience of users of adjacent streets
and sidewalks and the general amenities of the
surrounding area.
(iii) No advertisement shall exceed 5 metres in
area.
3.
Adyertisements Relating to Off-site Uses
The conditions to be applied to the erection or display
of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a
specific land use, shall be as follows:
(i) Each advertisement shall not exceed three square
metres in area.
(ii) When the advertisements relate to a specific
land use, they shall be located within a reasonable
distance of, and only show thereon the name and
nature of the distance or direction to, the premises
to which they relate.
(iii) The location, siting and illumination of each
advertisement shall be to the satisfaction of the
Authority, having regard to the grade and alignment
of streets, the location of street 'unctions, the
"SCHEDULE C" -
PORT BLANDFORD
Page 23
USE ZONE TABLE:
ZONE SYMBOL -
RU
2 of 5
ZONE TITLE:
RURAL RESOURCE
CONDITIONS !continued)
location of nearby buildings and the preservation of the
amenities of the surrounding area.
4.
Single Qwelling
A single dwelling, required for continual on-site
supervision, may be permitted only as accessory to a
permitted or approved discretionary use after two (2)
years in operation.
Such dwelling shall also be subject
to review and approval of the Department of Environment
and Lands and/or the Department of Health.
5.
Forest and Agricultural Development
Applications for forest and agricultural development
shall be referred to the Department of Forestry and
Agriculture and the Department of Environment and Lands
for review and approval.
6.
Mineral Workings:
a)
Application
All applications for pits, quarries or other development
in the Mineral working areas including their required
buffer shall be subject to the review and approval of the
Mineral Resource Management Branch, Department of Mines
and Energy.
b)
Separation from Adjacent Uses
No pit or quarry working shall be located closer than the
minimum distances set out below to the specified
development or natural feature, unless the Authority is
satisfied that the working will not create a nuisance and
will not adversely affect the amenity of the specified
development or natural feature:
Any development or area likely
to be developed during the life
of a sand and gravel pit or quarry
working
Any development or area likely
to be developed during the life
of a bedrock quarry involving
blasting
Public highway or street
Protected Road
Waterbody or watercourse
Minimum Distance of
Pit or Quarry Working
300 metres
1000 metres
50 metres
90 metres
50 metres
"SCHEDULE C" -
PORT BLANDFORD
Page 24
USE ZONE TABLE:
ZONE SYMBOL -
RU
ZONE TITLE:
RURAL RESOURCE
CONDITIONS (continued)
c.
Screening
3 of 5
A mineral working shall be screened in the following
manner where it is visible from a public street or
highway, developed area, or area likely to be developed
during the life of the use:
i)
Where tree screens exist between the mineral working
and adjacent public highways and streets or other
land uses (excepting forestry and agriculture), the
tree screens shall be retained in a 30 metre wide
strip of vegetation so that visibility of any part
of the operation from the surrounding uses or
streets will be prevented.
The tree screens must be
maintained by the owner or occupier of the pit or
quarry working to retain 30 metres in a forested
appearance.
Where vegetation dies or is removed
from the 30 metre strip, the Authority may require
new trees of a minimum height of l metre to be
planted to fill in the areas affected to the
satisfaction of the Authority or, at the discretion
of the Authority, condition 6(ii) must be
undertaken.
ii)
Where no tree screens exist of sufficient width and
density to constitute an effective visual screen,
earthen berms shall be constructed to a height
sufficient to prevent visibility of any part of the
pit or quarry working operation from adjacent uses
(excepting forestry and agriculture), or adjacent
public highways and streets.
The berms shall be
landscaped to the satisfaction of the Authority.
iii) Where natural topography creates a visual screen
between pit or quarry workings and adjacent public
highways and streets or other land uses (excepting
forestry and agriculture), additional screening may
not be required.
iv)
Where effective screening for any pit or quarry
working or associated processing or manufacturing
use cannot be installed or located as required
above, the Authority may refuse to issue a permit
for the pit, quarry or associated activity.
d.
Fencing
The Authority may require the pit or quarry working site
or excavated areas of a pit or quarry working to be
enclosed by a fence designed and constructed to its
specifications and which shall be no less than 1.8 metres
in height.
e.
Pollution Protection
No mineral working or associated storm or sanitary
drainage shall unacceptably reduce the quality of water
in any waterbody or watercourse.
Any access road to a
working which crosses a brook or stream shall be bridged
or culverted at the crossing in accordance with the
Regulations of the Department of Environment and Lands.
"SCHEDULE C" -
PORT BLANDFORD
Page 25
USE ZONE TABLE:
ZONE SYMBOL - au
4 of 5
ZONE TITLE:
RURAL RESOURCE
CONDITIONS (continued)
f.
Water Ponding
No mineral working shall result in the excavation of
areas below the level of the water table nor in any way
cause the accumulation or ponding of water in any part of
the site. Settling ponds may be permitted with the
approval of the Department of Environment and Lands.
g.
Erosion Control
No mineral working shall be carried out in a manner so as
to cause erosion of adjacent land.
h.
Site Maintenance
The mineral working shall be kept clean of refuse,
abandoned vehicles, abandoned equipment and derelict
buildings.
i. Access Roads
During extended periods of shutdown, access roads to a
mineral working shall be ditched or barred to the
satisfaction of the Authority.
j. Stockpiling of Cover Material
All stumps, organic material and topsoil, including the
rusty coloured and iron stained layer, shall be stripped
and stockpiled at least 5 metres from uncleared areas and
10 metres from active quarry or stockpile areas.
The
owner or operator shall ensure that the quality of the
topsoil is not affected by dilution with other materials.
k.
Operating Plant and Associated Processing and
Manufacturing
i) The Authority may permit processing and
manufacturing associated with mineral workings
provided that, in the opinion of the Authority, the
use does not create a nuisance nor is liable to
become a nuisance or offensive by the creation of
noise or vibration, or by reason of the emission of
fumes, dust, dirt or objectionable odour or by
reason of unsightly storage of materials.
ii) All permanent or temporary buildings, plants and
structures associated with processing and
manufacturing will be located so as not to interfere
with present or future extraction of aggregate
resources.
iii) The Authority may specify a minimum separation
distance between an operating plant or associated
processing and manufacturing structure or equipment
and the adjacent developed areas or areas likely to
be developed during the life of the mineral
workings.
"SCHEDULE C" -
PORT BLANDFORD
Page 26
OSE ZONE TABLE:
ZONE SYMBOL -
RO
5 of 5
II ZONE TITLE:
RURAL RESOURCE
CONDITIONS !continued)
1.
Termination and site Rehabilitation
i) Upon completion of mineral workings the following
rehabilitation shall be carried out by the operator:
a)
All buildings, machinery and equipment
shall be removed.
b)
All pit and quarry faces shall be graded
to slopes less than twenty degrees (20')
or to the slope conforming to that which
existed prior to the mineral working.
c)
Topsoil and any organic material shall be
respread over the entire quarried area.
d)
The access road to the working shall be
ditched or barred to the satisfaction of
the Authority.
ii) If the mineral working contains reserves of
material sufficient to support further extraction
operations, the Authority may require the above
rehabilitation to be carried out only in site
extraction areas where aggregate reserves have been
depleted.
m.
Protection of Water Habitats
The Authority will not permit development which would
restrict public access to watercourses or waterbodies or
which would impair a watercourse or waterbody as a fish
habitat.
7.
Agriculture:
a. Buffering
Development within 600 metres from the perimeter of
agriculture operations must be reviewed and approved by
the Department of Forestry and Agriculture and
Environment and Lands.
b. Single Residence
Where single dwellings are permitted as a discretionary
use, such dwellings shall be subsidiary to, and part of,
a farm operation.
s.
Sanitary Landfill Buffering
No development shall be located closer than 1600 metres
to the sanitary landfill unless reviewed and approved by
the Department of Environment and Lands.
II
Schedv.Je D
Page J
SCHEDULED
OFF-STREET PARKING REQUIREMENTS
1.
The offstreet parking requirements for uses in the various use classes set out in
Schedule B shall be as set out in the following table.
2.
In the case of developments including uses in more than one use class, these stand·
ards shall be regarded as cumulative.
3.
Adequate offstreet provision for drop-off and pick-up of persons shall be provided in
developments where required, such as uses within the educations, passenger assembly,
child care, medical treatment and special care, commercial residential and take-out
food service use classes.
G
D
R
I
0
v
u
I
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
p
s
I
0
N
A
1
(a) Theatre
One space for every S seats.
2
(a) Cultural and
One space for every 50 square metres of gross floor areas.
Civic
(b) General
One space for every 10 square metres of gross floor area.
Assembly
(c) Educational
Schools - 2 spaces for every class-
room.
Further education - 1 space for every 5 persons using the faciJ.
ities (students, faculty and staff).
(d) Place of
One space for every 5 seats.
Worship
( e) Passenger
As specified by the Authority.
Assembly
(t) Club and
One space for every 3 persons that may be accommodated at one
Lodge
time.
(g) Catering
One space for every 3 customers that may be accommodated at
one time.
(h) Funeral Home
One space for every 10 square metres of gross floor area.
(i) Child Care
One space for every 20 square metres of gross floor area.
G) Amusement
One space for every 10 square metres of gross floor area.
3
(a) Indoor
One space for every 10 spectators that may be accommodated at
Assembly
one time.
4
(a) Outdoor
As specified by the Authority.
Assembly
B
1
(a) Penal and
As specified by the Authority.
Correctional
Detention
c
2
(a) Medical
One space for every 2 patients.
Treatment
and Special
Care
1
(a) Single
Two spaces for every dwelling unit.
Dwelling
(b) Double
Two spaces for every dwelling unit.
Dwelling
( c) Row Dwelling
Two spaces for every dwelling unit.
G
D
R
I
0
v
u
I
CIASS
MINIMUM OFF-STREET PARKING REQUIREMENT
p
s
I
0
N
( d) Apartment
Three spaces for every 2-dwelling units.
Building
2
(a) Collective
As specified by the Authority.
Residential
(b) Commercial
One space for every guest room.
Residential
(c) Seasonal
One space for every residential unit.
Residential
( d) Mobile Home
Two spaces for every dwelling unit.
D
1
(a) Office
One space for every 20 square metres of gross floor area.
(b) Medical and
One space for every 20 square metres of gross floor area.
Professional
( c) Personal
One space for every 20 square metres of gross floor area.
Service
(d) General
One space for every 20 square metres of gross floor area.
Service
( e) Comm uni-
As specified by the Authority.
cations
(f) Police
As specified by the Authority.
Station
(g) Taxi Stand
As specified by the Authority.
(b) Take-out
One space for every 20 square metres of gross floor area.
Food Service
(i) Veterinary
One space for every 20 square metres of gross floor area.
E
l
(a) Shopping
One space for every 15 square metres of gross floor area.
Centre
(b) Shop
One space for every 20 square metres of gross floor area.
(c) Indoor
As specified by the Authority.
Market
(d) Outdoor
As specified by the Authority.
Market
( e) Convenience
One space for every 20 square metres of gross floor area.
Stores
F
1
(a) Hazardous
One space for every employee.
Industry
2
(a) General
One space for every employee.
Industry
(b) Service
One space for every 20 square metres of gross floor area.
Station
3
(a) Light
One space for every employee.
Industry