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TOWN OF
PORT HOPE SIMPSON
DEVELOPMENT REGULATIONS
IMPORTANT: To see if there were any changes to
this plan since it came into effect, please refer to:
List of Development Regulation Amendments
PORT
HOPE
SIMPSON
DEVELOPMENT
REGULATIONS
1994 - 2004
Prepared for the Community of Port Hope Simpson by the
Urban and Rural Planning Division
Department or Municipal and P~ncial Affairs
Government of Newfoundland and Labrador
October 1994
THE URBAN AND RURAL PLANNING ACT
COMMUNI7Y OF PORT HOPE SIMPSON
LAND USE ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
Published b,y Authorify
The Community Council of Port Hope Simpson hereby adopts the following Land Use Zoning,
Subdivision and Advertisement Regulations as required by Section U- 7 of The Urban and Rural
Made and adopted by the Council of Port Hope Simpson, on the !J.1-/ day of Mo.reh, 199 5.
Ct--
Approved by me at St. John's this7
day of !?v,_/,__,_ , 1995.
ARTHUR D.REJ,M.H.A.
Carbonear District
Minister of Municipal and
Pmvindal Affain;
All persons are hereby requested to take notice that anyone who wishes to view these Regulations
may do so at the Office of the Community Clerk of the Community Council of Port Hope
Simpson.
TABLE OF CONTENTS
Regulation
Page
APPLICATION
1.
Short ntle . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . .. .. . . . . . . . . l
2.
JntcrpretatiOD .- ., ........................................ - .. - - . . . .. . 1
3.
CommeDcement - . . . . . . . . . - . - - - - - - - . - . - - - - - - - - - - - - - - - - - - - . - - - . . . - - . - . . l
4.
Mllllicipal Code and Regulations . - .. .. . - - .. - - - .. .. . - - .. . - .. - - - - - . . .. .. - - - - 1
5.
Authority - . . - . . - - - - - . . . - - - - - - . . . . . - . . - . . . . . . - - - - - - - - . . - - - - - - - - . . . . . 1
PART I - GENERAL REGULATIONS
6.
Compliance with Regulations
- - - . - . . . . - - . . - - - - . - - - - - - - - - - - . . . - - - - - . . - - . . 2
7.
Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . .. . . . . . . . . . . 2
8.
Perm.it to be Issued . . .. . . . . . . . . . .. . . . . . . .. . . . . . .. . . . . .. . .. . . . . . . . . . . . . . . . . . . 2
9.
Permit Not to be Issued in Certain Cases - - . . . . - - . . . . . . . . - - - . - . . . . - - . . . . - - - 2
10.
Discretioaary Powers of Authority - - - - - - - - - .. . - . - - . - - .. .. - - - - - .. . - . . .. .. - . 3
11.
Variances by Authority . . . . - - . . - . . . . . - - - - - - - - - - . - . - - . . - - . - - . . . - - . . . . - . - 3
12
Service l.evy - - - . . .. - . . . - . . . - . . . . - . - - . . - . - - - .. - . - . . .. . - . - - - ~ . - - - . . - . . . - . 4
13.
rmancial Guarantees by Developer - . - . - - . . . - . . - . - - - . . . . . - . - - - . . . - . . . . . - - - S
14.
Dedication of Land for Public Uses . . - . . . . - . . . . . - . - . . - - . . . - - - - - - - . . . . - - - - - S
15.
16.
17.
18.
19.
20.
21.
.,.,
~.
24.
25.
26.
27.
28.
Reinstatement of Land . . - .. - - - - . . . - - - - . - - - - - - - - - - - . - - - - - - - - - - . - - - - - - - - S
Form of ApplicatioD . . . - . . . - - - . - . - - - - . . - - . . . . - - - - - - - . . . - - - - . . - . - . - - - - - 6
Register of Application . . . . . . - . - - - - . - - - - - . . . . . . - - - - - - - . . - - . . - . . . - - - - - - - 6
Deferment of ApplicatioD . . . - . . - - - - . - - - - . . - . - . . - . . - . . . - .. . . . - . . . - . . . . . . 6
Outline Planning PermissioD . . . . . . . . . . . - . . - . - - - . . . . . . - . .. . . . . . - .. . . . . - - - 7
Development Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
~ODS for Refusing Permit - - - - - . - - - - . - - - - . . . . - - . .. . . . . - - . . . . . .. . . . - . . . 8
Notice of Application - .. . . . . . .. - - - - - - . . . . - . . .. .. . . . . - .. - - . - . - .. . . . . . . . 8
!1.ight 1Jf F.nt.ry
. . . . - . . - . - . . . . . . . . - .. . . . . . . . . . - - . . - - - . . - - - . . . . .. . . . . . . . - 9
Record or Violations - - - .. - . . .. - - .. - - - . . .. - . . - - . - . . - . - . . . - . - - - . . . - - . . . . 9
Stop Work Order and Prosecution .---.--.....---..-..--... , - . - . - - - - . . . . - . 9
Local Board or Appeal Established - .. . . . . . . . - .. . . . . . . - - . . . . . - . . . . . . . . . .. . 9
Appointment of Local Board of Appeal ..................... : - . . . . . . . . . . . . . 9
Appeal Board to Act as Local Board of Appeal . . - .. . . . . - - . . . - . - - . . . . . . . . . .. 10
(ii)
Regulation
Page
29.
Appeals to Local Boa:rd of Appeal - .. - - . . . . . . . . . .. .. - . . . . . . .. .. . . . . . .. . . .
11
30.
Effect of Decision by Local Board of Appeal . . .. - . . . . . .. - . . . - - - .. . . . - . . . . . . 12
31.
Development May Not Proceed - . . . .. - .. - - . . .. - . . . . . . . . . . . . . . . . - . . . . .. . . 12
PART 11 - GENERAL DEVELOPMENT STANDARDS
32.
Accesses and Sel'Yice Streets - .. .. .. .. .. .. - .. .. .. .. - - - .. - - .. .. .. - .. .. - .. 13
33.
A~
Buildings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 13
34.
Advcrtiacmcnts .. - . . .. . .. .. .. .. .. .. .. .. . . . . .. . . . - - - . . . . . . . . . . . . . . .. . 13
35.
Buffer Strips . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . .
13
36.
Building Height
. . . . . . . . . . . . . . . . . . - - - - . . . . - . . . . . - - . . . . - - - . - . . . . . . . . - 14
37.
Building Unc and Setback . . . . . . . . - . . . . . . . - - - - - - . . . - . . . . - . . . . . . . - . . . . . . 14
38.
Family and Group Care Centres . . . - - - - . . . . . . . - . . . . . . . . . . . . - . . . . . . . - . . . .
14
39.
Height Exceptions - - . . . . - - . . . . . . . . . . . . . - . - - . . . . . . . . . . . . . . . . . . - . . . . . . .
14
40.
livestock Structures and Uses . . . - . - . . . . . . . . . . . . . . . . . . . . . - - . . . . . - - . . . . . . 14
41.
Lot Area
. . . . . . . . . . . . . . . - . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
42.
Lot Area and Size Exceptions . . . . . . . . . .. .. .. . . . . . . .. . . . . . . .. . . . . . . .. .. . 15
43.
Lot Frontage
. . . . . . . . . . . . . - .. . . . . . - . . . .. .. .. .. . . . . . .. . . . . .. . . . . . . . - 16
44.
Mobile Homes .. - - . .. .. .. .. .. .. .. .. .. - .. .. . .. .. .. . .. .. .. .. .. .. .. .. . 16
45.
Non-Conforming Uses
. - - . - . . . - . . - . . . . . . - - - . . . . . . . - . . . . . . . - . . . . . . . . . . 16
46.
Offensive and Dangerous Uses
. . .. .. - . . . . . . . . . . .. .. . . . . . .. . . . .. .. . . . . . . 18
47.
Off-street Parking Requirements . . . - . . . . . . . - - . . . . . . . . . . . . . . . . . . . . . . . - . . .
18
48.
Off-street Loading Requirements . . . . . . . . . . . - - - . . . . . . - - - . . . . . - . . . . . . . . - . .
19
49.
Parks and Playgrounds and Conservation Uses . . . . - - - - . . . . . - - . . . . . . . . . . . . . . . 20
SO.
Sacening and Landscaping .. . . . . . - - .. .. . . . . . . . . .. . . . . . - - . . . .. . - . . . . .. . 20
51.
Sel'Yices and Public Utilities
- - - - . . . . . . - . . . . . . - . . . . . . . - - . . . . . . . - - . . . . . . - 20
52.
Scl'Yice Stations .. . . - - . .. .. .. .. .. .. . .. .. . - - . .. . . . . .. .. - .. .. .. .. - .. .. . 20
53.
Sideyards . . . - - . . . . .. .. - . . . . - - - . .. - . - . . . - .. - . . . . .. - . - - - .. . . . . .. . . . . 21
54.
Street Construction Standards - - .. . . . . - .. .. . . . . .. .. . . . . .. - . . . . . - . . .. - . . . 21
55.
Subsidiary Apartments
. . . . . . - - . . . . . - . . . . . . . . . . - - . . . . . - - - . - - - . . . . - . . . . 21
56.
Unsubdivided Land . .. .. . - .. .. - .. - . .. .. .. - .. - .. .. . . .. .. . .. - - . . . .. . . .. 21
57.
Zero Lot Linc and Other Comprehensive Development . - - - . . - . . . . . - . - - . . . . . . .
21
(iii)
Regulalion
Page
PART Ill - ADVERTISEMENTS
58.
Permit Required . . . . . . . . . . . . . . - . . . - . . . - - - - - . . . - - - - . . . - . . . .. . . . .. . . . - 22
59.
Form of Application . . - . . - - - . - - . . . . - . . . . . . - . . . . . - - . . . - . . . . - . . . . . . - - - - 22
60.
Advertisements Prolu'bited in Strei:.t Reservation - - - . . . - - . . . . . - . . . . . - . . . . . . - - 22
62.
Reinoval of Advertisements . . . . . . . . . . . . .. - . . . . . . . . . .. - . . . . . . . . - - . . . . . . .
22
63.
Advertisements Exempt from Control . . - - - . . . . . - - - . . . . . . . . - - . . . . - - . . . . . - . 22
64.
Approval Subject to Conditions . . . - - . . - . .. .. . . . . . . .. - . . . - . .. . . . . . . . . - . . . 23
65.
Non .. Conforming Uses
. . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . .. . . . . . . . . . . . . . . 23
PART IV - SUBDMSION OF LAND
66.
Permit Required .............. * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 24
67.
Services to be Provided - - . - . . - - . . . . - - . . - . . - - - . . . - - - . . . . - . . - - . . . . . . . - - . 24
68.
Payment of Service Levies and Other Charges .. .. . - .. - .. - .. .. .. .. .. .. .. - .. - 2A
69.
Issue of Permit Subject to Considerations
- - . . . . . . . . . . . . . - - . . . . - - - . . . . . - . . .
24
70.
Building Permits Required
- . .. .. . .. .. .. .. .. .. - .. .. .. .. .. . .. . .. .. - .. . . . 25
71.
Form of Application . . - . . . - - - . . . . . . . . . - - - - . . - - . . . . . - - . . . . . . . . . - . . . . . . 25
72..
Subdivision Subject to Zoning - - - - . . . . - .. - - - - - - - - - . - - - - - . - - - - - . - - - .. . . - . 25
73.
Building Lines
- - - - - - . . - . - - . . - - - - - - - - - . . . - - - - - . - - - - - . . - - - - . . - - . - - . . . 25
74.
Land for Public Open Space . . . . . . . . - - . . . . . . . . . . - - - - - . . - . . . - . - - . . . . . - - .
25
75.
Strw:ture in Street Reservation . .. .. .. .. .. . - - .. . . .. - - - . . . . .. .. .. .. . .. - .. 26
76.
Subdivision Design Standards .. . - .. . . . . . - .. . - . . . . . - - - - . . . . - - . . . . - - - . . . . 27
77.
Engineer to Design Works and Certify
Construction Layout . - - . - . . . . - .. - . - .. .. . . . - - . - . . . - - . . .. - . . . . . . . . . . . . . 28
78.
Developer to Pay Engineer's Fees and Charges - - . . . . - - . . . . . - - . . . . . - . . . . . . - - 29
79.
Street Works May be Deferred . - - - - . . - - - - . . . - - - . . - - - . - . . - - - . . . . . - . . . . . - 29
80.
Transfer of Streets and Utilities to Authority - . - - . - - . - . - - . . - . - - - - - . . . . . . . . . . 29
81.
Restriction on Sale of Lots . . - - - - - - - - - - - - . - - - - . . - - - - - - - - - - - - . - - - - - - - - - - .;u
82.
Grouping of Dwellings and Landscaping
. . - . . . . . - . - - - . . . . . .. . - . . . . . . . . . . . . 30
(iv)
Regulation
Page
PART V - USE ZONES
83.
Use Zon111 .-......-..............----.....-.-...-----...... , . . . . . . 31
84.
Use C1as.ses - - - - - - - - - - - - - - .. - - - - - - - - - - - - - - - - - - - - - - .. - - - - - - .. - - - - . - - - - - 31
85.
Pllt'Blitted Us111 . . - - - - - - . . . . . . . . . . . - - - . . . . . . . . - - . . . . . . . - . . . . . - - - . . . . . 31
86.
Diseretionary USllS .. - . . . . . - - . .. - .. .. - .. .. .. .. - . .. .. - - - .. .. .. - - - .. - . . 31
87.
USllS Not Permitted
- - - - . . - - . . - . . - - - . . - - - - - - - - - - . . - - - - - - . - - - - - - - . . . - - 32
SCHEDULES
SCHEDULE A: Definitions
SCHEDULE B: Oassification of Uses oC Land and Buildings
SCHEDULE C: Use Zone Tables
SCHEDULE D: Off-Street Parking Requirements
SCHEDULE E: Land Use Zoning Maps
Application
Page 1
COMMUNI1Y OF PORT HOPE SIMPSON MUNICIPAL PLAN
LAND USE, ZONING, SUBDMSION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Port Hope Simpson Development
Regulations.
2. Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings
ascribed to them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings which
are commonly assigned to them in the context in which they are used in the
Regulations.
3. Commencement
These Regulations come into effect throughout the Port Hope Simpson Municipal
Planning Area, hereinafter referred to as the Planning Area, on the date of
publication of a notice to that effect in the Newfoundland Gazette.
4. Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code,
and any other ancillary code and any Building Regulations, Waste Disposal
Regulation and/or any other municipal regulations regulating or controlling the
development, conservation and use of land in force in the Community of Port Hope
Simpson, shall, under these Regulations apply to the entire Planning Area.
5. Authority
In these Regulations, "Authority" means the Council of the Community of Port Hope
Simpson.
Pan I - 0-rol Regu.lalions
Pap 2
PART I - GENERAL REGULATIONS
6. Compliance With Regulations
No development shall be carried out within the Planning Area except in
accordance with these Regulations.
7. Permit Required
No person shall carry out any development within the Planning Area except
where otherwise provided in these Regulations unless a permit for the
development bas been issued by the Authority.
8. Permit to be Issued
Subject to Regulations 9 and 10, a permit shall be issued for development
within the Plalming Area that conforms to:
(a}
the general development standards set out in Part ll of these Regu-
lations, the requirements of Part V of these Regulations, and the use
classes, standards, requirements, and conditions prescnbed in Schedule
C of these Regulations for the use zone in which the proposed
development is located;
(b)
the standards set out in the Building Code and/or other ancillary
codes, and any Building Regulations, Waste Disposal Regulations,
and/or any other municipal regulation in force in the Planning Area
regulating or controlling development, conservation and use of land
and buildings;
( c)
the standards set out in Part III of these Regulations in the case of
advertisement;
( d)
the standards set out in Part IV of these Regulations in the case of
subdivision;
(e)
the standards of design and appearance established by the Authority.
9. Perm.it Not to be Issued in Certain Cases
Neither a permit nor outline planning permission shall be issued for
development within the Planning Area when, in the opinion of the Authority,
it is premature by reason of the site lacking adequate road access, power,
drainage, sanitary facilities, or domestic water supply, or being beyond the
natural development of the area at the time of application unless the
applicant contracts to pay the full cost of construction of the services deemed
Part I - Gene11ll RegulotiOllS
Page 3
necessary by the Authority and such cost shall attach to and upon the property
in respect of which it is imposed.
10. Discretionary Powers or Authority
In considering an application for a permit or for outline planning permission
to carry out development, the Authority shall take into account the policies
expressed in the Municipal Plan and any further scheme, plan or regulations
pursuant thereto, and shall assess the general appearance of the development
of the area, the amenity of the surroundings, availability of utilities, public
safety and convenience, and any other considerations which are, in its opinion,
material, and notwithstanding the conformity of the application with the
requirements of these Regulations, the Authority may, in its discretion, and
as a result of its consideration of the matters set out in this Regulation,
conditionally approve or refuse the application.
11. Variances by Authority
(1)
Where a permit cannot be granted because the proposed development
does not comply with these Regulations, the Authority may in its
discretion vary the requirements to literal conformity with the
Regulations if, in the Authority's opinion, the requirements would
prejudice the proper development of the land, building or structure in
question, or be contrary to the public interest.
(2)
Variance from these Regulations pursuant to Regulation 11(1) shall
only be authorized in the following circumstances:
(a)
if, in the opinion of the Authority, such variance is not contrary
to the general intent and purpose of these Regulations, the
Municipal Plan, or any further scheme, plan or regulation
pursuant thereto, and the public interest;
(b)
if, prior to authorization of such variance, the Authority has
considered its effect on adjoining properties;
(c)
if the variance does not change the permitted use of the
property;
\
l'ort I - General Regulations
!'age 4
(d)
if the Authority is satisfied that the variance has not become
necessary due to the intentional or negligent conduct of the
owner or some other party acting with the owner's knowledge
or consent;
( e)
if, prior to authorization of such variance, the Authority has
given notice of the application in accordance with Regulation
22 and has considered any objections or representations which
may have been received on the matter.
(3)
Variance from these Regulations pursuant to Regulation 11(1) shall
not be authorized if such variance, when considered together with
other variances made or to be made in respect of the same land,
building or structure, would have a cumulative effect contrary to the
general intent of these Regulations, the Municipal Plan, or any further
scheme, plan or regulation pursuant thereto, even though the variances
individually would not have such effect.
12. Service LeY)'
(1)
The Authority may require a developer to pay a service levy where
development is made possible or where the density of potential
development is increased, or where the value of property is enhanced
by the carrying out of public works either on or off the site of the
development.
(2)
A service levy shall not exceed the cost, or estimated cost, including
finance charges to the Authority of constructing or improving the
public works referred to in Regulation 12(1) that are necessary for the
real property to be developed in accordance with the standards
required by the Authority and for uses that are permitted on that real
property.
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefitted by the public works
related to all the real property so benefitted; and,
(b)
the density of development made capable or increased by the
public work.
Pott I - Ge11ero/ Regullllions
·
Pages
( 4)
The Authority may require a service levy to be paid by the owner of
the real property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real property commences;
(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
13. Financial Guarantees by Developer
(1)
The Authority may require a developer before commencing a develop-
ment 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 ca.nying out of any
other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 13(1) may be made in
the form of:
(a)
a cash deposit from the developer, to be held by the Authority,
or;
(b)
a guarantee by a bank, or other institution acceptable to the
Minister, for expenditures by the developer, or;
(c)
a performance bond provided by an insurance company or a
bank, or;
(d)
an annual contribution to a sinking fund held by the Authority.
14. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 74,
the Authority may require the dedication of a percentage of the land area of
any subdivision or other development for public use, and such land shall be
conveyed to the Authority in accordance with the provisions of the Act.
15. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased,
the Authority may order the developer, the occupier of the site, or the owner
or all of them to reinstate the site, to remove all or any buildings or erections,
Patt I - GtmuoJ Regulalions
Page 6
to cover or fill all wells or excavations, and to close all or any accesses, or to
do any of these things or all of them, as the case may be, and the developer,
occupier or owner shall carry out the order of the Authority and· shall put the
site in a clean and sanitaty condition to the satisfaction of the Authority.
16. Form of Application
(1)
An application for a development permit or for outline planning
permission shall be made only by the owner or by a person authorized
by the owner to the Authority on such form as may be prescnbed by
the Authority, and every application shall include such plans, specifica-
tions and drawings as the Authority may require, and be accompanied
by the permit fee required by the Authority.
(2)
The Authority shall, on request, supply to every applicant a copy of the
application fonns referred to in Regulation 16(1) and a description of
the plans, specifications and drawings required to be provided with the
application.
17. Register of Application
The Authority shall keep a public register of all applications for development,
and shall enter therein the Authority's decision upon each application and the
result of any appeal from that decision.
18. Deferment of Application
(1)
The Authority may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations
which have not been determined by the Authority and on which a
decision has not been communicated to the applicant within eight
weeks of the receipt thereof by the Authority, and on which con-
sideration has not been deferred in accordance with Regulation 18(1),
shall be deemed to be refused.
Palf I - Gencml Reguhmons
Page 7
19. Outline Planning Permission
(1)
The Authority may grant outline planning permission for the erection,
alteration or conversion of a building if, after considering an appli·
cation for outline planning permission made under these Regulations,
it is satisfied that the proposed development is, subject to the approval
of detailed plans, in compliance with these Regulations.
(2)
Where outline planning permission is granted under this Regulation,
it shall be subject to the subsequent approval by the Authority of such
details as may be listed in the outline planning permission, which shall
also specify that further application for approval of these details shall
be received not later than two years from the grant of outline planning
permission.
20. Development Permit
(1)
A plan or drawing which has been approved by the Authority and
which bears a mark and/or signature indicating such approval together
with a permit shall be deemed to be permission to develop land in
accordance with these Regulations but such permission shall not
relieve the applicant from full responsibility for obtaining permits or
approvals under any other regulation or statute prior to commencing
the development; from having the work carried out in accordance with
these Regulations or any other regulations or statutes; and from
compliance with all conditions imposed thereunder.
(2)
The Authority may attach to a permit or to outline planning permis-
sion 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 issued on a
temporary basis for a period not exceeding two years, which may be
extended in writing by the Authority for further periods not exceeding
two years.
l'01'1 l - GenemJ Reguladons
Page 8
( 4)
A permit is valid for such period, not in excess of two years, as may be
stated therein, and if the development has not commenced, the permit
may be renewed for a further period not in excess 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 ID of these Regulations.
(5)
The approval of any application and plans or drawings or the issue of
a permit shall not prevent the Authority from thereafter requiring the
correction of errors, or from ordering the cessation, removal of, or
remedial work on any development being carried out in the event that
the same is in violation of this or any other regulations or statute.
(6)
The Authority may revoke a permit for failure by the holder of it to
comply with these Regulations or any condition attached to the permit
or where the permit was issued in error or was issued on the basis of
incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications
upon which a permit to develop bas 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 the permit was based during the whole progress of the work, or the
doing of the matter or thing until completion.
21. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions
t_o a permit, state the reasons for so doing.
22. Notice of Application
The Authority may, and when a variance is necessary un<ier Regulation 11,
when a change in nonconforming use is to be considered under Regulation 45,
or when the development proposed is listed as a discretionary use in
Pait I - General Regulations
Page 9
Schedule C of the Regulations shall, at the expense of the applicant, give
notice of an application for a permit or for outline planning Permission, by
public advertisement in a newspaper circulating in the area or by any other
means deemed necessary.
23. Right or Entry
The Authority, the Director, or any inspector may enter upon any public or
private land and may at all reasonable times enter any development or
building upon the land for the purpose of making surveys or examinations or
obtaining information relative to the carrying out of any development,
construction, alteration, repair, or any other works whatsoever which the
Authority is empowered to regulate.
24. Record of Violations
Every inspector shall keep a record of any violation of these regulations which
comes to his knowledge and repon that violation to the Authority.
25. Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary
to these Regulations, the Authority may order that person to stop the
development or work connected therewith pending final adjudication
in any prosecution arising out of the development
(2)
A person who does not comply with an order made under Regulation
25(1) is guilty of an offence under the provisions of the Act.
26. Local Board of Appeal Established
A Local Board of Appeal shall be appointed to hear all appeals arising from
these Regulations.
27. Appointment of Local Board of Appeal
(1)
The Authority may, subject to the approval of the Minister, appoint
not less than three and not more than five persons to constitute the
Local Board of Appeal.
Pa11. I - General Reguk1Jions
Page 10
(2)
The Authority under Regulation 27(1) shall not appoint elected or
appointed officials of the Authority to be members of the Local Board
of Appeal.
(3)
Every member of the Local Board of Appeal shall be appointed for
such periods, not exceeding the term of office of the Authority, as may
be deemed appropriate by the Authority, and shall be eligible for re·
appointment.
(4)
The Local Board of Appeal shall be presided over by a Chairman
appointed from among its members by the Authority or in the absence
of the Chairman, such member as the members present shall from
among themselves appoint.
(5)
A majority of the members of the Local Board of Appeal shall
constitute a quorum.
(6)
The Authority may by a two-thirds vote of its members provide for
remuneration to be paid to members of the Local board of Appeal and
may prescribe the amount.
(7)
Where a Local Board of Appeal has been appointed and approved
under Regulation 27(1), the Clerk of the Authority shall be the
Secretary of that Local Board of Appeal.
28. Appeal Board to Act as Local Board or Appeal
Where a Local Board of Appeal bas not been appointed and approved by the
Minister under Regulation 27(1), the appropriate Appeal Board established
under the provisions of the Act shall be deemed to have been appointed as
the Local Board of Appeal, and shall carry out the functions and exercise the
same powers as if it were appointed a Local Board of Appeal under
Regulations 27(1), but it shall not be obliged to hold appeal hearings within
the Planning Area or to hear appeals within the time limits established under
these Regulations.
PIRt I - General Regulations
Page 11
29. Appeals to Local Board of Appeal
(1)
The Local Board of Appeal shall hear appeals from decisions of the
Authority made under these Regulations and shall either confirm the
decision or recommend to the Authority that the decision be varied or
reversed.
(2)
Any person may appeal to the Local Board of Appeal from a decision
of the Authority made under these Regulations.
(3)
An appeal shall be submitted in writing to the Authority within thirty
days of the date of the decision appealed from and shall state the
circumstances and grounds of the appeal.
(4)
Within one week of receiving an appeal, the Authority shall forward
it to the Local Board of Appeal together with a copy of the application
appealed from and all other correspondence, plans and pertinent
information.
(5)
The Local Board of Appeal shall meet to hear an appeal within sixty
calendar days after that appeal has been filed with the Authority, and
shall make its decision known in writing to the Authority and to the
appellant within two weeks of hearing the appeal.
(6)
The Authority, the appellant, and any other person likely to be
affected by the appeal, shall be advised of the time and place of the
appeal hearing by the Secretary at least one week before the appeal
is to be heard.
(7)
The Authority and the appellant are entitled, but are not bound, to
appear before the Local Board of Appeal either personally or by
representatives app_ointed by them.
(o)
The Lucal Board of Appeal shall consider and determine each appeal
in accordance with the intent of these Regulations and the Municipal
Plan and any further plan, scheme or regulations that are in force,
Part I - General Regulations
Part- 12
having due regard to the circumstances and merits of the particular
case and the use of discretionary powers by the Authority.
(9)
In determining an appeal, the Local Board of Appeal sh:i.11 be bound
by the Municipal Plan and any further scheme or plan that is in force
under the Act.
(10)
Every member of a Local Board of Appeal shall be subject to the
provisions of the Municipalities Act with respect to conflict of interest
as if he were a councillor elected under that Act.
(11)
The decision of a majority of the members of the Local Board of
Appeal present, excluding all members prohibited from voting because
of conflict of interest, shall be the decision of the Board whose
decision shall not be subject to further appeals to any other Appeal
Board constituted under the Act.
(12)
If a Local Board of Appeal is unable to decide an appeal because of
the conflict of interest of a majority of its members. the Authority
shall, subject to the approval of the Minister, and for that appeal only,
appoint other persons to replace those members so affected.
30. Effect of Decision by 1..-0cal Board of Appeal
-~l'YMB-l~l~li~fi-1~9!11n~!H~Yl~t(ri}'9ti~l~~if(!m~tH~l9~
Uii~l~lliili1§~1t~~J1!!?9ii:§~mfigii~i!li~UJllrt!~i
31. Development May Not Proceed
Where an appeal is made from a decision of the Authority, the development
concerned shall not proceed pending a decision on the appeal anll the
subsequent issue of all required permits.
Amended 1992 11 27
Pan II - General Development Standards
Page 13
PARTll-GENERALDEVELOPMENTSTANDARDS
32. 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 to the street line of
any street intersection.
33. Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to
the use of the main buildings in character, use and size, and shall be
contained on the same 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 prop-
erties may be built to property boundaries provided they shall be of
fire resistant construction and have a common firewall.
34. Advertisements
Advertisements shall not be erected or displayed except in accordance with
Part III of these Regulations.
35. Buffer Strips
Where any industrial development permitted in any Use Zone abuts an
exisiing or propo~e<l re~i<lentiai area, or is separated from it by a road only,
the owner of the site of the industrial development shall provide a buffer strip
not less than ten (10) metres wide between any residential activity and the
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.
PIUI II - GMmll Dmlelopment S"1lldlmis
Poge 14
36. Building Height
The Authority may permit the erection of buildings of a height greater than
that specified in Schedule C, but in such cases the building line setback and
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 remyard shall not be less than the minimum building line setback
calculated as described in (1) above plus 6 metres.
37. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or
proposed street or service street and may require any new buildings to be
located on those building lines, whether or not such building lines conform to
the standards set out in the tables in Schedule C of these Regulations.
38. 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 staff, provided that in the opinion of the Authority, the use of the
dwelling does not materially differ from, nor adversely affect, the amenities
of the adjacent residences, or the 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.
39. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may
be waived in the case of communication masts and antennae, flagpoles, water
towers, spires, belfries, or chimneys, but any such waiver which results in an
increase of more than 20% in the permitted height of the structure shall only
be authorized under the provisions of Regulation 11.
40. Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be
erected or used unless it complies with the following requirements:
(a)
The structure shall be at least 600 m from a residence, (except
a farm residence or a residence which is a non-conforming use
Ptllt II - Gtmual Dmelopment StlUldards
Page JS
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 approved
Plan, and, from a Provincial or Federal Park.
(b)
The structure shall be at least 60 m from the boundary of the
property on which it is to be erected.
(c)
The structure shall be at least 90 m from the centre line of a
street.
(d)
The erection of the structure shall be approved by the Depart·
ment of Forestry & Agriculture and the Department of Envi·
ronment & 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 Department of
Forestry & Agriculture.
41. Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation
of any portion thereof or otherwise, so that any building or structure
on such lot shall have a lot coverage that exceeds, or a front yard, rear
yard, side yard, frontage ~r lot area that is less than that permitted by
these Regulations for the zone in which such lot is located.
(2)
Where any part of a lot is required by these Regulations to be
reserved as a yard, it shall continue to be so used regardless of any
change in the ownership of the lot or any part thereof, and shall not
be deemed to form part of an adjacent lot for the purpose of comput·
ing the area thereof available for building purposes.
42. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more
lots already exist in any residential zone, with insufficient frontage or area to
permit the owner or purchaser of such a lot or lots to comply with the
provisions of these Regulations, then these Regulations shall not prevent the
issuing of a permit by the Authority for the erection of a dwelling thereon,
PIJ8C 16
provided that the lot coverage and height are not greater than, and the yards and
floor area are not less than tbe standards set out in these Regulations.
43. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C
of these Regulations, no residential or commercial building shall be erected
unless the lot on which it is situated fronts directly onto a street or forms part
of a Comprehensive Development Scheme.
44. Mobile Homes
(1)
Groups of more than five mobile homes shall be located only in
approved mobile home parks and mobile home subdivisions in
Residential Use Zones so designated and shall conform to the
requirements of the Provincial Mobile Home Development Regu-
lations currently in effect.
(2)
No development permit shall be issued for a mobile home lot unless
it conforms with the requirements of Regulation 23 of the Mobile
Home Development Regulations.
45. Non-Conforming Uses
(1)
Any legal use of buildings or land at the date of the coming into effect
of these Regulations may although not conforming with the Regulat·
ions of the Use Zone in which they are located:
(a)
be continued, or;
(b)
be changed to another non-conforming use if after notice of an
application to change the use bas been given in accordance with
Regulation 22 and consideration given to any objections or
representations which may have been received on the matter,
it is the Authority's opinion, that the new use is more com-
patible with the permitted use(s) in the Use Zone in which the
building is located.
(2)
A building, which is legally used for a purpose not permissible within
the zone in which it is locateri, shall not be er.la;gcd, ::::tended,
reconstructed, or altered structurally, unless such building is thereafter
to be used for a purpose permitted within that zone, provided that:
PllJ't n . Gt111eral ~opnielll Standards
Pagt 17
(a)
the interior of such building may be permitted by the Authority
to be reconstructed or altered, in order to render it more
convenient or commodious for the same purpose for which such
building is legally used;
(b)
any building which at the date of the coming into effect of these
Regulations is being used in a zone where such use is not
permissible may be permitted by the Authority to be altered
structurally or extended by not more than fifty percent of its
original floor area if such alterations or extensions conform to
all the requirements of these Regulations except those per-
taining to land use, and are confined to the existing lot
(3)
A building which is legally used for any purpose but which does not
conform to the Regulations of the Use Zone in which it is located, and
which subsequently suffers damage or deterioration to an extent
greater than fifty percent of its replacement value, excluding land, shall
not be reconstructed except in conformity with the Regulations for the
Use Zone in which such building is located, provided that:
(a)
the owner of such building may within one year of such damage
taking place make application to the Authority for a permit to
reconstruct the bui~ding for the same purpose for which it was
legally used.
(b)
the Authority shall before the expiration of sixty ( 60) days from
the day on which a complete application is received to construct
such a building:
(i)
serve a notice of expropriation in accordance with the
Act, or;
(ii)
indicate its willingness to issue a permit to develop
providing that the reconstruction of the building con-
forms to all the requirements of these Regulations
except those pertaining to land use, and that any such
development takes place within the existing curtilage of
the lot.
Part II - Gener11/ Development Stllfldards
Page 18
46. Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous
by causing or promoting fires ·or other hazards or which may emit noxious,
offensive or dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit,
excessive noise or vibration, or create any nuisance that has an unpleasant
effect on the senses unless its use is authorized by the Authority and any other
authority having jurisdiction.
47. Offstreet 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 building,
structure, use of occupancy shall conform to the standards set out in
Schedule D of these Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings,
shall be made accessible by means of a hard surfaced right-of-way at
least 3 m in width. Parking required in a Residential Zone shall be
provided on the same lot as the 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.
( 4)
The parking facilities required by this Regulation shall, except in the
case of single or attached dwellings, be arranged so that it is not
necessary for any vehicle to reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four
vehicles are required or permitted:
(a)
parking space shall mean an area of land, not less than 15 mi
in size, capable of being used for the parking of a vehicle
without the need to move other vehicles on adjacent areas;
Pan II - General Development Standards
Page 19
(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 m2 in
area may be erected in the parking area for the use of attend-
ants in the area;
(e)
except in zones in which a service station is a permitted use, no
gasoline pump or other service station equipment shall be
located or maintained on a parking area;
(f)
no part of any off-street parking area shall be closer than 1.5 m
to the front lot line in any zone;
(g)
access to parking areas in non-residential zones shall not be by
way of residential zones;
(h)
where a parking area is in or abuts a residential zone, a natural
or structural barrier at least 1 m in height shall be erected and
maintained along all lot lines;
(i)
where, in the opinion of the Authority, strict application of the
above parking requirements is impractical or undesirable, the
Authority may as a condition of a permit require the developer
to pay a service levy in accordance with these Regulations in
lieu of the provision of a parking area, and the full amount of
the levy charged shall be used by the Authority for the provi-
sion and upkeep of alternative parking facilities within the
general vicinity of the development.
48. Off-Street Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or
established requiring the shipping, loading or unloading of animals,
goods, wares or merchandise, there shall be provided and maintained
for the premises loading facilities on land that is not part of a street
comprised of one or more loading spaces, 15 m long, 4 m wide, and
having a vertical clearance of at least 4 m with direct access to a street
or with access by a driveway of a minimum width of 6 m to a street.
Pan n - GMlllDI Dewdopmtlllt Standal'd:s
Page 20
(2)
The number of loading spaces to be provided shall be determined by
the Authority.
(3)
The loading facilities required by this Regulation shall be so arranged
that vehicles can manoeuvre c:lear of any street and so that it is not
necessary for any vehicle to reverse onto or from a street.
49. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation
areas or the establishment of parks and playgrounds in any zones provided
that such parks and playgrounds are not located in areas which may be
hazardous to their use and are not operated for commercial purposes.
SO. Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the
owner or occupier to provide adequate and suitable landscaping or screening;
and for this purpose may require the submission of an application giving
details of the landscaping or screening, and these Regulations shall then apply
to that application. The provision of adequate and suitable landscaping or
screening may be made a condition of any development permit where, in the
opinion of the Authority, the landscaping or screening is desirable to preserve
amenity, or protect the environment.
51. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with
the provision of public services and public utilities if the use of that land is
necessary to the proper operation of the public service or public utility
concerned provided that the design and landscaping of any development of
any land so used is, in the opinion of the Authority, adequate to protect the
character and appearance of the area.
Sl. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for su.::h
purpose, and to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
Ptut II - Genetrl/ Development Standards
Page 21
(c)
Accesses shall not be less than 7 metres wide and shall be clearly
marked, and where a service station .is located on a comer lot, the
minimum distance between an access and the interseetion of street
lines at the junction shall be 10 metres and the lot line between
entrances shall be clearly indicated.
53. 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.
54. Street Construction Standards
A new street may not be constructed except in accordance with and to the
design and specifications laid down by the Authority.
55. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the
purposes of calculating lot area and yard requirements, shall be considered
part of the self-contained dwelling.
56. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is
reserved to satisfy the yard and other allowances called for in the Use Zone
in which it is located and the allowances shall be retained when the adjacent
land is developed.
57. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which
are designed to form part of a zero lot line development or other comprehen-
sive layout which does not, with the exception of dwelling unit floor area,
meet the requirements of the Use Zone Table in Schedule C, provided that
the dwellings are designed to provide both privacy and reasonable access to
natural daylight and the overall density within the layout conforms to the
regulations and standards set out in the Use Zone Table apply where the
layout adjoins other development.
'
Part III - Advertisemellts
Page 22
PART III -ADVERTISEMENTS
58. Permit Required
Subject to the provisions of Regulation 63, no advertisement shall be erected
or displayed in the Planning Area unless a permit for the advertisement is
first obtained from the Authority.
59. Form of Application
Application for a permit to erect or display an advertisement shall be made
to the authority in accordance with Regulation 16.
60. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or
over any highway or street reservation.
61. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an
advertisement shall be for a limited period, not exceeding two years, but may
be renewed at the discretion of the Authority for similar periods.
62. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may
require the removal of any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination,
or structural condition, or;
{b)
detrimental to the amenities of the surrounding area.
63. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning
Area without application to the Authority:
(a)
on a dwelling or within the curtilage of a dwelling, one nameplate not
exceeding 0.2 m2 in area;
(b)
on an agricuitural holding or farm, a notice board r.ot exceeding 1 rn2
in area and relating to the operations being conducted on the land;
(c)
on land used for forestry purposes, signs or notices not exceeding 1 rn2
in area and relating to forestry operations or the location of logging
operations conducted on the land;
Pan 111 - Advenisemems
Page 23
(d)
on land used for mining or quarrying operations, a notice board not
exceeding 1 m2 in area relating to the operation conducted on the
land;
( e)
on a dwelling or within the curtilage of a dwelling, one nameplate not
exceeding 0.2 m2 in area in connection with the practice of a profes-
sional person carried on in the premises;
(f)
on any site occupied by a church, school, library, art gallery, museum,
institution or cemetery, one notice board not exceeding 1 m2 in area;
(g)
on the principal facade of any commercial, industrial or public
building, the name of the building or the name of the occupants of the
building, in letters not exceeding one-tenth of the height of that facade
or 3 rn, whichever is the lesser;
(h)
on any parking lot directional signs and one sign not exceeding 1 ml
in size, identifying the parking lot.
64. Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements
which comply with the appropriate conditions and specifications set out in the
Use Zone Tables in Schedule C of these Regulations.
65. Non-Conforming Uses
Notwithstanding the provisions of Regulation 58, a permit may be used for the
erection or display of advertisements on a building or within the curtilage of
a building or on a parcel of land, the use of which is a non conforming use,
provided that the advertisement does not exceed the size and type of
advertisement which could be permitted if the development was in a Use
Zone appropriate to its use, and subject to any other conditions deemed
appropriate by the Authority.
Pfll'I W - Subdivision of Land
Page 24
PART IV - SUBDMSION OF LA.ND
66. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the
development of the subdivision is first obtained from the Authority.
67. Services to be Provided
No permit shall be issued for the development of a subdivision unless
provisions satisfactory to the Authority have been made in the application for
a supply of drinking water, a properly designed sewage disposal system, and
a properly designed storm drainage system.
68. Payment of Service lnies and Other Charges
No permit shall be issued for the development of. a subdivision until
agreement has been reached for the payment of all fees levied by the
Authority for connection to services, utilities and streets deemed necessary for
the proper development of the subdivision, and all service levies and other
charges imposed under Regulations 12 and 13.
69 Issue or Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the
development of a subdivision does not contribute to the orderly growth of the
municipality and does not demonstrate sound design principles. In consider-
ing an application, the Authority shali without limiting the generality of the
foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and
utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
(d)
the land use, physical form and character of adjacent developments;
(e)
the tranSportation network and traffic densities affecting the site;
(f)
the relationship of the project to existing or potential sources of
nuisance;
(g)
soil and subsoil characteristics;
{h)
the topography of the site and its drainage;
(i)
natural features such as lakes, streams, topsoil, trees and shrubs;
(j)
prevailing winds;
(k)
visual quality;
Pait W - Subtfjllision of Land
(1)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
70. Building Permits Required
Poge 2.5
Notwithstanding the approval of a subdivision by the Authority, a separate
building permit shall be obtained for each building proposed to be erected in
the area of the subdivision, and no building permit for any building in the
area shall be issued until the developer has complied with all the provisions
of these Regulations with respect to the development of the subdivision.
71. Form of Application
Application for a permit to develop a subdivision shall be made to the
Authority in accordance with Regulation 16.
72. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use
Zones delineated on the Zoning Maps.
73. Building Lines
The Authority may establish building lines for any subdivision street and
require any new building to be located on such building lines.
74. Land for Public Open Space
(1)
Before a development commences, the developer shall, if required,
dedicate to the Authority, at no cost to the Authority, an area of land
equivalent to not more than 10% of the gross area of the subdivision
or 25 m2 for every dwelling unit permitted in the subdivision, which·
ever is the greater, for public open space, provided that:
(a)
where land is subdivided for any purpose other than residential
use, the Authority shall determine the percentage of land to be
dedicated;
(b)
if, in the opinion of the Authority, no public open space is
required, the land may be used for such other public use as the
Authority may determine;
Pan IV - Subdivision of Land
Page 26
(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;
(d)
the Authority may accept from the developer in lieu of such
area or areas of land the payment of a sum of money equal to
the value of the land which would otherwise be required to be
dedicated;
( e)
money received by the Authority in accordance with Regulation
74(1)(d) above, shall be reserved by the Authority for the
purpose of the acquisition or development of land for public
open space or other public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall
be conveyed to the Authority and may be sold or 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 74(1).
75. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a
hydro pole, telegraph or telephone pole, fire hydrant, mail box, fire alarm,
sign post) shall receive the prior approval of the Authority which shall be
satisfied on the question of safe construction and relationship to the adjoining
buildings and other structures within the street reservation.
Pon W - Subdivision of Land
Page 27
76. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these
Regulations unless the design of the subdivision conforms to the following
standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter
of not less than 30 m.
(c)
The maximum length of any cul de sac shall 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 in connection with municipal
five-year capital works program eligibility.
(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.
(f)
New subdivisions shall have street connections with an existing street
or streets.
(g)
All street intersections shall be constructed within s- 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.
0)
No residential street block shall be longer than 490 m between street
intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with
the approved standards of the Authority, but in the absence of such
standards, shall conform to the following minimum standards:
Patt IV - Sul>division of Land
Type of Street
Street
Pa\'CIJlent
Sidewalk
Sidewalk
Reservation
Width
Width
Number
Alterial Streets
30m
15m
1.Sm
discretion
of CoWldl
Collector Streets
20m
15m
1.5m
2
Local Residential Streets:
wbere more than SO% of
15m
9m
1.Sm
1
the units are single or
double dwe1liagll;
where S0% or more of
20m
9m
1.5 m
2
the units arc row
houses or apartments.
Service Streets
15m
9m
l.Sm
discretion
of Council
(1)
No lot intended for residential pwposes 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 architec-
tural feature or part thereof to be retained when a subdivision is
developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
77. Engineer to Design Works and Certify Construction Layout
(1) . Plans and specifications for all water mains, hydrants, sanitary sewers,
storm sewers and all appurtenances thereto and all streets, paving,
curbs, gutters and catch basins and all other utilities deemed necessary
by the Authority to service the area proposed to be developed or
subdivided shall be designed and prepared by or approved by the
Engineer. Such designs and specifications shall, upon approval by the
Authority, be incorporated in the plan of subdivision.
-(2)
Upon approval by the Authority of the proposed subdivision, the
Engineer shall certify all work of construction layout preliminary to the
construction of the works and thereupon the developer shall proceed
to the construction and installation, at bis 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,
Plllt W - Subdivision of Land
' Page 29
sanitary sewers and all appurtenances and of all such streets and other
works deemed necessary by the Authority to service the said area.
78. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges
for the preparation of designs and specifications and for the layout and
supervision of construction; such fees and charges being percentages of the
total cost of materials and labour for the construction and installation of all
works calculated in accordance with the Schedule of Fees recommended by
the Association of Professional Engineers of Newfoundland and in effect at
the time the work is c:anied out.
79. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins,
sidewalks and paving specified by the Authority as being necessary, may, at
the Authority's discretion, be deferred until a later stage of the work on the
development of the subdivision but the developer shall deposit with the
Authority before approval of his application, an amount estimated by the
Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the work of development, the
Authority shall call for tenders for the work of construction and installation
of the works, and the amount so deposited by the developer shall be applied
towards payment of the contract cost. If the contract cost exceeds the deposit,
the developer shall pay to the Authority the amount of the excess.. If the
contract price is less than the deposit, the Authority shall refund the amount
by which the deposit exceeds the contract price. Any amount so deposited
with the Authority by the developer shall be placed in a separate savings
account in a bank and all interest earned thereon shall be credited to the
developer.
80. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land
and upon request of the Authority, transfer to the Authority, at no cost
Port IV· Subdivision of Land
Page 30
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 rigbts-of·way, or for other public use;
(b)
all services or public works including streets, water supply and
distnbution and sanitary an storm drainage systems installed in
the subdivision that are normally owned and operated by the
Authority.
(2)
Before the Authority shall accept the transfer of lands, services or
public works of any subdivision, the Engineer shall, at the cost to the
developer, test the streets, services and public works installed in the
subdivision and certify bis satisfaction with their installation.
(3)
The Authority shall not provide maintenance for any street, service or
public work in any subdivision until such time as such street, service or
public work bas been transferred to and accepted by the Authority.
81. Restriction on Sale or Lots
The developer shall not develop or dispose of any lot within a subdivision for
the purposes of development and no building permit shall be issued until the
Authority is satisfied that:
(a)
the lot can be served with satisfactory water supply and sewage
disposal systems, and;
(b)
satisfactory access to a street is provided for the lots.
82. Grouping or 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 groupings, once approved by the Authority, shall not be
changed without written application to and subsequent approval of the
Authority.
Plllt V - Use Zones
P11ge 31
PART V - USE ZONES
83. Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided
into Use Zones which arc shown on the Zoning Map attached to and
forming part of these Regulations.
(2)
Subject to Regulation 83(3), the 1>ermitted use classes, discretionary
use classes, standards, requirements and conditions applicable to each
Use Zone are set out in the Use Zone Tables in Schedule C of these
Regulations.
(3)
Where standards, requirements and conditions applicable in a Use
Zone are not set out in the Use Zone Tables in Schedule C, the
Authority may in its discretion, determine the standards, requirements
and conditions which shall apply.
84. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone
Tables in Schedule C shall be determined by the Authority in accordance with
the classification and examples set out in Schedule B.
SS. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use
Classes set out in the appropriate Use Zone Table in Schedule C shall be
permitted by the Authority in that Use Zone.
86. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use
Classes set out in the appropriate Use Zone Table in Schedule C may be
permitted in that Use Zone if the Authority is satisfied that the development
would not be contrary to the general intent and purpose of these Regulations,
the Municipal Plan, or any further scheme or plan or regulation pursuant
thereto, and to the public interest, and if the Authority has given notice of the
application in accordance with Regulation 22 and has considered any
objections or representations which may have been received on the matter.
'
Pa11 Y - Use Zones
Page 32
87. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionmy Use
Classes set out in the appropriate Use Zone Tables in Schedule C, shall not
be permitted in that Use Zone.
Scheaule A - Definitions
Page I
SCHEDULE A
DEFINITIONS
ACCESS: A way, intended for use by vehicles, pedestrians or animals as a means of
going from a road, street or highway to land adjacent to it.
ACCESSORY BUILDING: A detached subordinate building not used for human
habitation, located on the same lot as the main building structure or use to which it
is accessory, the use of which is naturally or customarily incidental and comple-
mentary to the main use of the building, land or structure, and shall include:
(a)
in the case of residential uses: domestic garages, carports, ramps,
sheds, swimming pools, greenhouses, cold frames, fuel sheds, vegetable
storage cellars, shelters for domestic pets, or radio and television
antennae;
(b)
in the case of commercial uses: workshops or garages;
( c)
in the case of industrial uses: garages, offices, raised ramps and docks.
ACT: The Urban and Rural Planning ACL
ADVERTISEMENT: Any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or i:iot. in the nature of and employed wholly or
in part for the purposes of advenisement, 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
advenisements.
AGRICULTURE: Horticulture, fruit growing, grain growing, seed growing, dairy
farming, the breeding or rearing of livestock, including any creature kept for the
production of food, wool, skins, or fur, or for the purpose of its use in the farming
of land, the use of land as grazing land, meadow land, osier land, market gardens and
nursery grounds and the use of land for woodlanos where that use is ancillary to the
farming ofland for any other purpose. -Agricultural" shall be construed accordingly.
Sche<bde A - Definitions
Pagel
AMUSEMENT USE: The use of land or buildings equipped for the playing of
electronic, mechanical, or other games and amusements including electronic games,
pinball games and slot machine arcades and billiard and pool halls.
ANIMAL UNIT: Any one of the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
1 cow (including calf);
100 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 = 1 unit).
APARTMENT BUILDING: A building containing three or more dwelling units, but
does not include a row dwelling.
APPEAL BOARD: The appropriate Appeal Board established under the Act.
ARTERIAL STREET: The streets in the Planning Area constituting the main traffic
arteries of the area and defined as arterial streets or highways in the Municipal Plan
or on the Zoning Map.
BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BUILDING: Every structure, erection, excavation, alteration or improvement
whatsoever placed on, over or under land, or attached, anchored or moored to land,
and includes mobile structures, vehicles and marine vessels adapted or constructed
for residential, commercial, industrial and other like uses, and any part of a building
as so defined and any fixtures that form part of a building.
Schedule A - Dlftnilions
Page 3
BmLDING UNE: A line established by the Authority to set the horizontal distance
between the closest point of a building and the street line.
COLLECTOR STREET: A street that is designed to link local streets with arterial
streets and which is designated as a collector street in the Munic:ipal Plan, or on the
Zoning Map.
DAYCARE CENTRE or DAY NURSERY: A buil4fug or part of a building in which
services and activities are regularly provided to children of pre-school age during the
full daytime period as defined under the Day Nurseries Act, but does not include a
school as defined by the Schools Act.
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)
the making of an access onto a highway, road or way;
(b)
the erection of an advertisement or sign;
(c)
the parking of a trailer, or vehicle of any description used for the sale
of refreshments or merchandise, or as an office, or for living accom-
modation, 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 appear·
ance 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 carried out on
land within the boundaries of the 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 curtilage of a dwelling house
for any purpose incidental to the enjoyment of the dwelling house as
such.
Schedule A - Definitions
/'age 4
DIRECTOR: The Director of Urban and Rural Planning.
DOUBLE DWELLING: A building containing two dwelling units, placed one above
the other, or side by side, but does not include a self-contained dwelling containing
a subsidiary apartment.
DWELUNG UNIT: A self-contained unit consisting of one or more habitable rooms
used or designed as the living quarters for one household.
ENGINEER: A professional engineer employed or retained by the Authority.
FAMILY A.ND GROUP CARE CENTRE: A dwelling accommodating up to but no
more than six (6) persons exclusive of staff in a home-like setting. Subject to the size
limitation, this definition includes, but is not limited to, the facilities called "Group
Homes", "Halfway House", and "Foster Home".
FLOOR AREA: The total area of all floors in a building measured to the outside face
of exterior walls.
FRONTAGE: The horizontal distance between side lot lines measured at the
building line.
FRONT YARD DEPTH: The distance between the front lot line of a lot and the front
wall of the main building on the lot.
GARAGE: A building erected for the storage of motor vehicles as an ancillary use
to a main building on the lot.
GENERAL INDUSTRY: The use of land or buildings for the purpose of storing.
assembling, altering, repairing, manufacturing, fabricating, packing, canning,
preparing. breaking up, demolishing, or treating any article, commodity or substance.
"Industry- shall be construed accordingly.
Schedul- A - Definilions
Page .5
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 buildings for industrial purposes
involving the use of materials or processes which because of their inherent
characteristics, constitute a special fire, explosion, radiation or other hazard.
INSPECTOR: Any person appointed and engaged as an Inspector by the Authority
or by any federal or provincial authority or the agent thereof.
INS'ITl1JTION: A building or part thereof occ:upied 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.
LA.ND: 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 of land which can be considered as a unit of land for
a particular use or building.
Schedule A - Definitions
Page 6
WT COVERAGE: The combined area of all buildings on the lot measured at the
level of the lowest floor above the established grade expressed as a percentage of the
total area of the lot.
WT AREA: The total horizonal area within the lot lines of the lot.
MINERAL WORKING: 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 the Canadian COde for Residential COnstruction and is in
accordance with the construction standards laid down and all other
applicable Provincial and Municipal COdes and;
(b)
which is designed to be:
(i)
transponed 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 pennanent 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 mobile home park by the Authority.
MOBILE HOME SUBDMSION: A mobile borne development requiring the
subdivision of land whether in single or joint ownership into two or more pieces or
parcels of land for the purpose of locating thereon mobile home units under either
Schedule A - Definitions
Page 7
freehold or leasehold tenure and where the maintenance of streets and services is the
responsibility of a municipality or public authority, and where the mobile home
development is classified as a mobile home subdivision by the Authority.
OWNER: Any person, firm or corporation controlling the property under consider-
ation.
PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working.
REAR YARD DEPTH: The distance between the rear lot line and the rear wall of
the main building on the lot.
RESTAURANT: A building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with meals or refreshments
for consumption on the premises.
ROW DWELLING: 'Three or more dwelling units at ground level in one building,
each unit separated vertically from the others.
SEASONAL RESIDENCE: A dwelling which is designed or intended for seasonal 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 by retail or the
selling or offering for sale of retail services but does not include an establishment
wherein the primary purpose is the serving of meals or refreshtnents, an &"iiilScm,:;::t
use, a general garage, or a service station.
Schedule A - Definitions
.
Page 8
SHOPPING CENTRE: A group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing a
minimum of S retail establishments.
SIDEYARD WIDTH: The distance between a side lot line and the nearest side wall
of any building on the lot.
SHOWROOM: A building or part of a building in which samples or patterns are
displayed and in which orders may be taken for goods, wares or merchandise,
including vehicles and equipment, for later delivery.
STREET: Any street, road or highway or any other way designed or intended for
public use for the passage of vehicles and pedestrians, owned by the Authority or
other public agency and maintained at public expense, and is accessible to Fire
Department vehicles and equipment.
STREET LINE: The edge of a street, road or highway reservation as defined by the
authority having jurisdiction.
SUBDMSION: The dividing of any land, whether in single or joint ownership, into
two or more pieces for the purpose of development.
SUBSIDIARY APARTMENT: A separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
TAKE-OUT FOOD SERVICE: A building in which the primary purpose is the
preparation and sale of meals or refreshments for consumption off the premises.
TA VERN: Includes a nightclub and means a building licensed or licensable under the
Liquor Control Act wherein meals and food may be served for consumption on the
premises and in which entertainment may be provided.
USE ZONE or ZONE: An area of land including buildings and water designated on
the Zoning Map to which the uses, standards and conditions of a pa.."ti::ular Use
Zone Table in Schedule C of the Regulations relate.
ZONING MAP: The map or maps attached to and forming part of the Regulations.
Schedule B
Page 1
SCHEDULER
CLASSIFICATION OF USES OF LAND AND BUILDINGS
NOTE: The classification of uses set out in the following table is based on the Classification or T)ipic:al
Occupancies included as Table 3.1.2.A of thee Natloaal Balldlag Code of Canllda, 1980. This
d-ssification is rdcrrcd to in Regulation 84.
GROUP
DIVISION
Cl.ASS
EXAMPLES
A.ASSEMBLY
1. Assembly Uses for
(a) Theatre
MoUon Picture Theatres
USES
the production
T.V. Studios admitting an
and viewing of
audience.
the performing
arts.
2. General Assembly
(a) Cultural
Lt"braries
Uses
and Civic
MU&ClllOll
Art Galleries
Court Rooms
Meeting Rooms
Couocil Chambers
(b) General
Community Halls
Assembly
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowling Alleys
(c) Educational
Sclwols
Colleges
(non- residential)
(d) Place of
Churches aod similar
Worship
place.s of worship.
Church Hal.ls
(e) Passenger
Passenger Tcrmioals
Assembly
(I) Oub and
Private Oubs and
Lodge
Lodges (non-residential)
(g) Catering
Rc.staurants
Bars
Lounges
{b) Funeral
Funeral Homes and
Home
Chapels
(i) Child Care
Day Care Centres
-
(j) Amusement
Electronic Games
Arcades
Pinball Parlours
Poolrooms
Schedule B
Page2
CLASSIFICATION OF USES OF LAND AND BUILDINGS
-
GROUP
DMSION
CLASS
EXAMPLES
A.ASSEMBLY
3. Arcna·type Uses
(a) Indoor
Arenas
USES
Aasembly
· Armourica
(continued)
Ice Rink&
Indoor Swimming
Pools
4. Open-air Assembly Uses
(a) Outdoor
Blcachcn
Assembly
Grandstands
Outdoor Ice Rink&
and Swimming
Pools
A!lluscment Parks
and Fair-grounds
Exhibition
Grounds
Drive-in Theatres
B. INSTITU·
1. Penal and Correctional
(a) Penal and
Jails
TIONAL
Institutiooal Uses
Corrcctiooal
Penitentiaries
USES
Detention
Police Stations
(with detention
quarters)
Prisons
Psychiatric
Hospitals (with
detention quarten)
Reformatories
2. Special Care
(a) Medical
Children's Homes
lnstitutiooal Uses
Treatment
Convalescent Homes
and Special
Homes for Aged
Care
Hospitals
lnf"U1Daries
Orphanages
Psychiatric
Hospitals
Sanatoria
C.RESIDENTIAL
1. Residential
(a) Single
Single Detached
USE!S
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
Buildiilg
Family & Grcup
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
USES
(continued)
Residential
Colleges &
(continued)
Schools
University &
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 &
Residential
Cabins
Hunting & Fishing
Cabins
(e) Mobile
Mobile Homes
Homes
D. BUSINESS
1. Business, Professional, and
(a) Office
Offices (including
& PERSONAL
Personal Service Uses
Government
SERVICE
Offices)
USES
Banks
(b) Medical &
Medical Offices
Professional
and 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
Appiiance
Rentals
Travel Agents
Schedule B
Page4
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.MERCA.NTILE
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
F'ash Stalls
( e) Convenience
Confectionary
Store
Stores
Comer Stores
Gift Shops
Specialty Shops
F. INDUSTRIAL
1. Industrial uses involving
(a) Hazardous
Bulk Storage of
USES
highly combustible and
Industry
hazardous
hazardous substances and
liquids and sub-
processes.
stances.
Chemical Plants
Distilleries
Feed Mills
Lacquer, Mattress,
Paint, Varnish,
and Rubber
Factories
Spray Painting
'
.
Sch.UukB
Page 5
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DMSION
CLASS
EXAMPLES
F. INDUSTRIAL
2. General
(a) General
Factories
USES
Industrial
Industry
Cold Storage
(continued)
Uses invoMng
. Plants
Limited
Freight Depots
Harardous
Gcnenil Garages
Substances and
Warehouses
Processes.
Workshops
Laboratories
Laundries
Plaaing Mills
Printing Plants
Contractors' Yards
(b) Scnke
Gasoline Service
Station
Stations
Gas Bars
3. Light, Non-
(a) Light
Light Industry
lw:ardous or
lndllSlry
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) Foreatry
Tree Nurseries
SiMculturc
(c) Mineral
Quarries
Working
Pits
Mines
Oil Wells
( d) Reaeational Opco
Playing Fields
Space
Sports Grounds
Parks
Playgrounds
(c) Conservation
Watersheds
Buffer St.rips
Flood Plains
Architectural,
Historical and
Scenic Sites
SteepS~
W'ddlife
Sanctuaries
(f) Cemetery
Cemeteries
Graveyards
(g) Saap Yard
Car Wrecking Yards
Jwik Yards
S:::::p D::!~~
.
Scheti><k B
Page 6
CLASSIFICATION OF USES OF LAND AND BUILDINGS
-
GROUP
DMSION
CLASS
EXAMPLES
G.NON·
1. Uses DOI directly
(b) Solid Waste
Solid Waste
Bun.DING
related to buildillg.
Disposal
USES
(continued)
· Sanitary Land Fill
(continued)
lllci.ncraton
(i) Animal
Animal Pounds
Kennels
Zoos
0) Alltewia
TV, Radio and
Communications
Transmitting and
Receiving Masts
and Alltewiae
(k) Transportation
Airfields
Railway Yards
Docks and Ha.rboun
.
USE ZONE TABLES
NOTE
This schedule contains tables showing the use classes which may be permitted or
which may be treated as discretionary use classes for the purpose of these Regulations. The
tables also indicate the required standards of development and may also include conditions
affecting some or all of the use classes.
The schedule contains tables for the following Use Zones:
Residential
Res
Mixed Development
MD
Industrial
Ind
Recreation
Rec
Environmental Protection
EP
Rural
Rur
Schedule C
Page I
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL (Res)
(PORT HOPE SIMPSON)
PERMITTED USE CLASSES - (see Regulation 85)
Single dwelling, mobile home, double dwelling, conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Child care, offiee, recreational open space, medical and professional, personal serviees,
convenienee store, row dwelling, apartment building, antenna.
WHERE PERMITTED
STANDARDS
APARTMENT BUILDING
Mobile
Single
Double
Row
Home
Dwel-
Dwelling
Dwelling
1
2
3
4
ling
Bed
Bed
Bed
Bed
Apt.
Apt.
Apt.
Apt.
Lot area-- (m') minimum
450
450
390
350
200
250
280
300
-
-
-
-
-
-
(average)
Floor area (m') minimum
60
80
80
65
40
50
60
70
-
-
-
-
-
-
Frontage (m) minimum
15
15
26
12
36
-
(average)
Building Line Setback ( m)
6
6
6
8
8***
(minimum)
...
- --
---
Sideyard Width ( m)
1.5
1.5
1.5
1.5
5
(minimum)
(Rearyard Depth ( m)
3
9
9
9
14
(minimum)
Lot Coverage ( % )
33
33
33
33
33
(maximum)
Height (maximum)
8
8
8
10
lO
- per dwelling unit.
-- see Condition 9.
--- or in accordance with the requirements of the Department of Works, Services and
Transportation.
Schedule C
Page2
CONDffiONS FOR RESIDENTIAL ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority provided that they are 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.
Discretionary Uses - Site Standards
Unless otherwise specified in the Use Zone Table or in these conditions,
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.
3.
Accessory Buildings
i)
ii)
The total of all accessory buildings associated with a residential use shall have
a lot coverage no greater than 7% up to a maximum of 30m2 and no accessory
building shall have a height of more than 3 metres.
No accessory building shall project in front of any building line setback.
4.
Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following
conditions:
i)
The store shall form part of, or be attached to a dwelling unit.
ii)
The retail use shall be subsidiary to the residential character of the area, and
shall not negatively affect residential amenities of adjoining properties.
5.
Medical, Professional and Personal Service 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:
i)
The use is clearly a subsidiary use to the residential use and does not detract
from the residential character of the neighbourhood and forms part of or is
attached to a dwelling unit in which the owner or operator of the business
resides.
Schetmle C
Page 3
Conditions for Residential (cont'd.)
ii)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the approved use and that no repairs to vehicles
or heavy equipment are carried out.
iii)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust or fumes, an inconvenience or a nuisance to the
occupants of adjoining residences.
iv)
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.
6.
Subdivision Development
i)
Refer to the Subdivision of Land section which forms Part IV of these
Regulations.
ii)
With regard to residential subdivision design and in addition to the
requirements of Part IV of these Regulations the Authority may require that;
(a)
street layout and placement of building lots conform to natural
features and topography as much as possible and a grid pattern be
avoided;
(b)
at least two accesses from the subdivision to a collector or arterial
street be provided;
( c)
waterbodies and watercourses be not altered and, if possible,
integrated with open space and park areas;
( d)
original trees and plant growth be left on building lots and open space
areas;
( e)
open space areas be landscaped and free of garbage and refuse;
(f)
utility poles be placed at the backs of building lots.
7.
Mobile Home
i)
All conditions under the Residential (Res) zone apply except conditions: 1,
2, 4, and 5.
ii)
All standards and conditions of the provincial Mobile Home Development
Regulations shall apply with regard to any mobile home development.
iii)
Backlot development shall not be permitted in mobile home development.
Schedule C
Page 4
Conditions for Residential (cont'd.)
8.
Protection of Water Sources and Environment
All development applications within 15 metres of a waterbody or watercourse or that
may otherwise have a negative effect on the environment shall be subject to the
review and approval of the Environmental Investigations Division of the Department
of Environment and Lands.
9.
Lot Area
Subject to the requirements of the Department of Health or Environment and Lands,
the area of land required per dwelling unit shall be determined, in accordance with
the water and sewer services available, as follows:
With a municipal piped water supply, and connection to a
municipal sewer or to a private sewer discharging directly to
450 m'
the sea.
With a municipal piped water supply, and sewage disposal by
septic tank and tilefield.
1400 m2
With a well water supply and connection to a municipal sewer
or to a private sewer discharging directly to the sea.
1400 m2
With a well water supply and sewage disposal by septic tank
and tilefield.
1860 m'
10.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming use
in this use zone, shall be as follows:
i)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
ii)
No advertisement shall exceed 5 square metres in area.
11.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any
site, relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
i)
Each advertisement shall not exceed three square metres in area.
ii)
When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature
of the distance or direction to the premises to which they relate.
Schedule C
Page 5
Conditions for Residential (cont'd.)
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.
12.
All dwellings must have properly finished exteriors and an occupancy permit must be
issued by the Authority before the dwelling may be inhabited.
Schedule C
Page 6
USE ZONE TABLE
ZONE TITLE
MIXED DEVELOPMENT (MD)
(PORT HOPE SIMPSON)
PERMITTED USE CLASSES· (see Regulation 85)
Single dwelling, double dwelling, mobile home, conservation.
DISCRETIONARY USE CLASSES· (see Regulations 22 and 86)
Row dwellings, apartment buildings, theatre, cultural and civic, general assembly, education, place of
worship, passenger assembly, club and lodge, catering, funeral home, child care, amusement, indoor
assembly, medical treatment and special care, collective residential, boarding home, commercial
residential, office, medical & Professional, personal service, general service, communications, taxi stand,
police station, take-out food service, shopping centre, shop, indoor market, outdoor market, convenience
store, service station, light industry, agriculture, general industry, veterinary, antenna, transportation,
recreational open space.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority provided that they are 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.
Development Standards
(i)
With the exception of residential development, the development standards for
this zone shall be as follows:
(a)
(b)
(c)
(d)
Minimum Building Line Setback
Minimum Sideyards Width
Minimum Rearyard Depth
Maximum Height
6 metres
4 metres
10 metres
15 metres
(ii)
All standards, conditions or other requirements of the Residential (Res) zone
shall apply with regard to residential development in Mixed Development
(MD) zones.
3.
Advertisements
See Conditions 10 and 11 of the Residential (Res) zone.
Schedule C
Page 7
Conditions for Mixed Development (cont'd.)
4.
Accessory Building
i)
The total of all accessory buildings associated with a permitted use in this
zone shall have a lot coverage no greater than 7%, or 30m2 and each building
shall have a height of no more than 3 metres.
ii)
No accessory building shall project in front of any building line setback.
5.
Outdoor Market
An outdoor market may, at the discretion of the Authority, include a used car lot,
provided due consideration is given to the size and scale of the development relative
to surrounding development and to the site itself. Due consideration shall also be
given to buffering where appropriate, off-street parking, and to the implications of
traffic movement and/or congestion as well as safe access.
6.
Access
The number of accesses to the street shall be limited 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 of Residential Use
Adverse effects of any proposed development on an adjacent existing residential use
shall be prevented or minimized through proper site planning and the provision of
buffering by the developer to the satisfaction of the Authority.
8.
Protection of Water Sources and Environment
All development applications within 15 metres of any watercourse shall be subject
to the review and approval of the Environmental Investigations Division of the
Department of Environment and Lands.
9.
Mobile Home
i)
All development standards and conditions under the Residential (Res) zone
apply except conditions: 1, 2, 4, and 5.
ii)
All standards and conditions of the provincial Mobile Home Development
Regulations shall apply with regard to any mobile home development.
iii)
Backlot development shall not be permitted in mobile home development.
Schedule C
Page 8
Conditions for Mixed Development (cont'd.)
1 O.
Service Station
The following development standards shall apply to all proposed 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 a minimum 4 metres from the front lot line.
iii)
Accesses shall not be less than 7 metres wide and shall be cearly marked, and
where a service station is located on acomer lot, the minimum distance
between an access and the interestion of the street shall be 10 metres and the
Jot line between entrances shall be clearly indicated.
11.
Outdoor Storage
Outdoor storage shall belocated on the rearyard of the lot and be screened from
visual site from street and other surrounding development.
Schedule C
Page 9
USE ZONE TABLE
ZONE TITLE
INDUSTRIAL (Ind)
(PORT HOPE SIMPSON)
PERMITTED USE CLASSES - (see Regulation 85)
General industry, light industry, conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Hazardous industry, transportation, Passenger assembly, communications, service station, antenna.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority provided that they are 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.
Development Standards
(a)
The development standards for this zone shall be as follows:
(i)
Minimum Building Line Setback
(ii)
Minimum Sideyards Width, except where building
are built with adjoining party walls
(iii)
Minimum Rearyard Depth
(iv)
Maximum Height
3.
Advertisements
See Conditions 10 and 11 of the Residential (Res) zone.
4.
Accessory Building
10 metres
5 metres
10 metres
15 metres
i)
The total of all accessory buildings associated with a permitted use in this
zone shall have a lot coverage no greater than 7%, or 30m2 and each building
shall have a height of no more than 3 metres.
ii)
No accessory building shall project in front of any building line setback.
Schedule C
Page 10
Conditions for Industrial (cont'd.)
5.
Access
The number of accesses to the street shall be limited and designed to the satisfaction
of the Authority, having regard to the safety and efficiency of the street for both
vehicles and pedestrians.
6.
Protection of Residential Use
Adverse effects of any proposed development on an adjacent existing residential use
shall be prevented or minimized through proper site planning and the provision of
buffering by the developer to the satisfaction of the Authority.
7.
Protection of Water Sources and Environment
All development applications within 15 metres of any watercourse shall be subject
to the review and approval of the Environmental Investigations Division of the
Department of Environment and Lands.
8.
Service Station
The following development standards shall apply to all proposed 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)
Pumpislands shall be set back at a minimum 4 metres from the front lot line.
iii)
Accesses shall not be less than 7 metres wide and shall be cearly marked, and
where a service station is located on acorner lot, the minimum distance
between an access and the interestion of the street shall be 10 metres and the
lot line between entrances shall be clearly indicated.
9.
Outdoor Storage
Outdoor storage shall belocated on the rearyard of the lot and be screened from
visual site from street and other surrounding development.
Schedule C
Page 11
USE ZONE TABLE
ZONE TITLE
RECREATION (rec)
(PORT HOPE SIMPSON)
PERMITTED USE CLASSES· (see Regulation 85)
Recreational open space, conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
General assembly, indoor assembly, outdoor assembly.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority provided that they are 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,
Development Standards
(a)
The development standards for this zone shall be as follows:
(i)
Minimum Building Line Setback
10 metres
(ii)
Minimum Sideyards Width, except where building
5 metres
are built with adjoining party walls
(iii)
Minimum Rearyard Depth
10 metres
(iv)
Maximum Height
15 metres
3.
Advertisements
See Conditions 10 and 11 of the Residenti:i.! (Res) zone.
4.
Accessory Building
i)
The total of all accessory buildings associated with a permitted use in this
zone shall have a lot coverage no greater than 7%, or 30m2 and each building
shall have a height of no more than 3 metres.
ii)
No accessory building shall project in front of any building line setback.
Schedule C
Page 12
Conditions for Recreation (cont'd.)
5.
Access
The number of accesses to the street shall be limited and designed to the satisfaction
of the Authority, having regard to the safety and efficiency of the street for both
vehicles and pedestrians.
6.
Protection of Residential Use
Adverse effects of any proposed development on an adjacent existing residential use
shall be prevented or minimized through proper site planning and the provision of
buffering by the developer to the satisfaction of the Authority.
7.
Protection of Water Sources and Environment
All development applications within 15 metres of any watercourse shall be subject
to the review and approval of the Environmental Investigations Division of the
Department of Environment and Lands.
Schedule C
Page 13
USE ZONE TABLE
ZONE TITLE
ENVIRONMENTAL PROTECTION (EP)
(PORT HOPE SIMPSON)
PERMITTED USE CIASSES - (see Regulation 85)
Conservation.
DISCRETIONARY USE ClASSES - (see Regulations 22 and 86)
Forestry, recreational open space, Antenna.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of the Authority provided that they are 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.
Discretionary uses will only be permitted if the Department of Environment
and Lands has determined they will not cause pollution of any area of land or
water body or cause erosion of land to take place.
2.
Forestry Development
Applications for forestry development shall be referred to the Department of
Forestry and the Department of Environment and Lands for review and
approval.
3.
Recreation
Only passive recreational activities such as hiking and canoeing shall be
permitted in the protected watershed area.
Schedule C
Page 14
USE ZONE TABLE
ZONE TITLE
RURAL (Rur)
(PORT HOPE SIMOPSON)
PERMITTED USE CLASSES - (see Regulation 85)
Agriculture, forestry, mineral workings and exploration, conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Single dwelling, general industry, cemetery, hazardous industry, scrap yard, antenna,
transportation, pasenger assembly, recreational open space, solid waste.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of the Authority provided that they are 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.
Discretionary Uses - Site Standards
Unless otherwise specified in the Use Zone Table or in these conditions,
discretionary use classes involving buildings shall conform to the frontage,
building line setback, sideyard, rearyard, lot coverage and height requirements
specified in the Industrial Use Zone.
3.
Advertisements
See Conditions 10 and 11 of the Residential (Res) zone.
4.
Single Dwelling
A single dwelling may be permitted only as accessory to a permitted or an
approved discretionary use after two (2) years in operation. Such a dwelling
shall also be subject to the review and approval of the Department of Environ-
ment and Lands and the Department of Health.
S.
Mineral Workings
4.1 Applications
All applications for any mineral working or related development or for any
development within the recommended buffer shall be subject to the review and
approval of the Department of Mines and Energy and the Department of
Environment and Lands.
4.2
Separation from Adjacent Uses (Buffers)
No mineral working or associated activity shall be located any closer than the
minimum distances listed below to the specified developments or natural
features
Schedule C
Page 15
Conditions for Rural (cont'd.)
unless, after consulting nearby residents, concerned government departments
and those involved in any kind of land use within the surrounding general area,
the Authority is satisfied that the working will not have a negative effect on
other development, potential development or natural features and provided all
other applicable regulations and plan policies are respected.
Type of Development
Minimum Distance from
Mineral Working
Existing or proposed residential development
300 metres
Any other developed area or area likely to be
150 metres
developed during the life of pit or quarry working
for any purpose other than residential
Public highway or street
50 metres
Protected Road
90 metres
Any of the above, with regard to a mineral
working operation in which blasting may take
place (or any bedrock quarry or reserve)
1000 metres
Waterbody or watercourse
50 metres
4.3
Screening
Where a mineral working or related activity is visible from a public street or highway,
developed area, or area likely to be developed during the life of the use of the
mineral working it shall be screened in the following manner:
(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 so that visibility of
any part of the use from surrounding uses or streets will be prevented. The
tree screens must be maintained by the owner or occupier of the use to
remain in a forested appearance. Where vegetation dies or is removed from
the 30-metre strip, the Authority may require new trees of a minimum height
of 1 metre be planted to fill in the areas affected to the satisfaction of the
Authority or, at the discretion of the Authority, condition 4.3(ii) must be
undertaken.
(ii)
Where no tree screens of sufficient width and density to constitute a visual
~creen exi~t, earthen berms shall be constructed to a height sufficient to
prevent visibility of any part of the mineral working from adjacent uses
(excepting forestry and agriculture), or adjacent public highways and streets.
The berms shall be landscaped to the Authority's satisfaction.
(iii)
Where natural topography creates a visual screen between mineral 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 mineral working or associated processing
or manufacturing use cannot be installed or located as required in 4.3(i) to
4.3(iii), the Authority may refuse to permit the use or associated activity.
Schedule C
Page 16
Conditions for Rural (cont'd.)
4.4
Fencing
The Authority may require the mineral working site or excavated areas of a pit or
quarry working to be enclosed by a fence designed and constructed to its
specifications and no less than 1.8 metres in height.
4.5
Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any waterbody or watercourse. Any access road to a
pit or quarry working which crosses a brook or stream shall be bridged or culverted
at the crossing in accordance with the Regulations of the Department of
Environment and Lands.
4.6
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.
4.7
Erosion Control
Before commencement of the mineral working the developer must indicate how the
mineral working will be carried out so as to not cause erosion of adjacent land. The
mineral working must then be carried out in this manner. If not, the Authority shall
rescind approval of the permit for the mineral working.
4.8
Site Maintenance
The mineral working site shall be kept free from refuse. Vehicles, equipment and
buildings shall not be left abandoned on site.
4.9
Access Roads
i)
During extended periods of shutdown, or expiration of the quarry
permit or permanent cessation of operations prior to that, access roads
to a mineral working shall be ditched or barred to the satisfaction of
the Authority.
ii)
Access to a quarry site shall not be via local residential streets.
4.10
Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron
stained layer, shall be stripped and stockpiled at least 5 metres from active quarry
or stockpile areas. The owner or operator shall ensure that the quality of the topsoil
is not affected by dilution with other materials.
Schedule C
Page 17
Conditions for Rural (cont'd.)
4.11 Operating Plant and Associated Processing and Manufacturing
The Authority may permit processing and manufacturing use associated with mineral
workings provided that, in the opinion of the Authority, the use does not create a
nuisance nor is liable to become a nuisance or offensive by the creation of noise or
vibration, or by reason of the emission of fumes, dust, dirt, objectionable odour, or
by reason of unsightly storage of materials.
All permanent or temporary buildings, plants and structures associated with
processing and manufacturing will be located so as not to interfere with the present
or future extraction of aggregate resources.
The Authority may specify a minimum separation distance between operating plant
or associated processing and manufacturing structure or equipment and adjacent
developed areas likely to be developed during the life of the mineral working.
4.12
Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried out by
the operator:
(i)
All building.~. machinery and equipment shall be removed.
(ii)
All pit and quarry slopes shall be graded to slopes less than 20° or to the
slope conforming to that existing prior to the mineral working.
(iii)
Topsoil and any organic materials shall be respread over the entire quarried
area. Seeding and/or tree planting may be required.
(iv)
The access road to the working shall be ditched or barred to the satisfaction
of the Authority.
(v)
If the mineral working contains reserves of material sufficient to support
further extraction operations, the Authority may require the work described
above to be carried out only in areas of the site where extraction has depleted
reserves.
(vi)
Prior to commencement of the mineral working, Council may require the
developer to post a bond to be repaid once site rehabilitation has taken place.
The amount of the bond shall be no less than 10% (ten percent) of the
estimated cost of site rehabilitation, which shall be repaid, with interest, upon
satisfactory termination of rehabilitation of the site.
6.
Agricultural Development
Applications for agricultural development shall be referred to the Department of
Forestry and Agriculture and the Department of Environment and Lands for review
and approval.
Schedule C
Page 18
Conditions for Rural (cont'd.)
7.
Protection of Water Sources and Environment
All applications for development within 15 metres of any watercourse shall be subject
to the review and approval of the Environmental Investigations Division of the
Department of Environment and Lands. No development of any type is permitted
in the Protected Watershed area.
8.
Recreational Open Space Uses
i)
No development of this kind shall be approved if it will have noticeable off-
site effects from pollution, noise, visual impact or traffic which cannot be
considered acceptable, or which cannot be ameliorated to be made
acceptable, within the context of the surrounding area.
ii)
A site plan must be included with proposals for recreational open space uses
having more than two on-site activities; or for extensions or additional activity
at the site of existing development of this kind. The site plan must clearly
depict in proper scale and proportion the layout of all existing and proposed
features of the site including activities, buildings and parking areas as well as
any other items that Council may require.
iii)
Buffers of existing plant growth must be retained around the site, including
the parking area and any part fronting along a public road for a depth of at
least 3 m (10 feet). Landscaping of buffers, parking areas, accesses and of the
entire development in general is required and must be to the satisfaction of
Council.
iv)
All buildings on-site and otherwise associated with this development must
have properly finished exteriors and be maintained to the satisfaction of
Council.
St:luulukl 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
J
0
v
u
I
Cl.ASS
MINIMUM OFF·S'I'R.EBT PARKING REQUIREMENT
p
s
I
0
N
A
1
(a) Theattc
One space for every S scats.
2
(a) Cultural and
One spacie for every SO square metrea of grOS$ floor ..-eas.
CMc
(b) General
One space for every 10 square metres of gross fioor area.
Auculbly
( c) Educatiomll
Schools - 2 spaces for every class·
room.
Further education - 1 space for evcry S pcnons using the (acil·
itlcs (students, faculty and stall).
(d) Place of
One space for every S scats.
WOl'Ship
( e) Passenger
As specified by the Authority.
Assembly
(f) Club and
One space for every 3 persons that may be acco1D111odatcd at one
Lodge
time.
(g) Catering
One space for every 3 custoiners that may be accommodated at
one time.
(h) FUDeral Home
Ouc space for every 10 square mctrea of gros8 noor area.
(i) Child Care
One space for every 20 square metres of gross floor area.
(j) Amusement
One space for every 10 square metres of gross floor area.
3
(a) Indoor
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) PC11al and
As specified by the Authority.
Corm:tional
Detention
c
2
(a) Medical
One space for every 2 patiCllts.
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 llDiL
G
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I
0
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I
Cl.ASS
MINIMUM OFF-STREET PARKING REQUIREMENT
p
s
I
0
N
( d) Apartment
Three spaces for every 2-dwclling units.
Buildiag
2
(a) Collcctiw
Ar. specified by the Authority.
Residential
(b) Coinmercial
One space for every guest room.
Residential
( c) Seasonal
One space for every residential 1111.it.
R.csidclltial
(d) Mobile Home
Two spaces for Cl'YCry dwelling uniL
D
1
(a) Office
One space for every 20 square metres of gross Door 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) Communi·
As spcc:ificd by the Authority.
c:atioDS
(f) Police
N. specified by the Authority.
Station
(g) Taxi Stand
As specified by the Authority.
(h) 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
1
(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) lndoor
As spedlicd by the Authority.
Market
(d) Outdoor
Ar. spcc:ificd by the Authority.
Market
( c) Con\'1111.ience
One space for every 20 square metres of gross floor area.
Stores
F
1
(a) Hazardous
One space for every employee.
lndustry
2
(a) General
One space for cvery employee.
Industry
(b) Scrvict'
One space for Cl'YCl',I' 20 square metres of gross floor area.
Station
3
(a) Light
One space for every employee.
lndustry