Port Saunders, Newfoundland and Labrador
· adopted 2007-05-29
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TOWN OF PORT SAUNDERS
DEVELOPMENT REGULATIONS
2005-2015
Note: these Development Regulations comprise a renewal of the Development
Regulations for the Town of Port Saunders for 1994-2004, modified only to
incorporate the addition of Newfoundland Regulation 3/01 made by the
Minister of Municipal and Provincial Affairs, 2 .January, 2001, and to bring
Parts I to V and Schedule A Q>efiDitions) into conformity wit!) the Urban and
Rural Planning Act, 2000.
PLANNER'S SEAL AND SIGNATURE
CANADIAN lNSTITUI'E OF PLANNERS CERTIFICATION
I certify that the attached Developm4!nt Regu.lations document has been prepared in
accordance with the requirements of the Urban and Rural Planning Act, 2000.
Member of the Canadian Institute of Pla:oners
Jens Jcnsen~.Eng.,MCIP
Date: 6 March 2007
URBAN AND RURAL PLANNING ACT
RESOLUTION TO RETAIN EXISTING DEVELOPMENT REGULATIONS
TOWN OF PORT SAUNDERS
MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS REVIEW
WHEREAS under the authority of Section 28 (3) of the Urban and Rural Planning Act 2000,
the Town Council of Port Saunders has reviewed the 1994-2004 Development Regulations and
detennined that no changes are required other than to incorporate Newfoundland Regulation 3/01
made by the Minister ofMunicipal and Provincial Affairs, 2 January, 2001 therein, and to bring Parts
I to V and Schedule A (Definitions) therein in conformity with the said Act.
BE IT RESOLVED the said Development Regulations will be retained with modifications
made only to incorporate the said Newfoundland Regulation and to bring Parts I to V and Schedule
A (Definitions) into the required format.
Adopted by the Town Council of Port Saunders on the 29th day of May, 2007.
Signed and sealed this _ _,_\ ~6' __ day of~-'
2007.
Mayor:
Clerk:
Clerk's Certificate:
Certified that the attached Development Regulations is a correct copy of the Development
Regulations for 2005 to 2015, being the Development Regulations for 1994-2004 modified in
accordance with the Council Resolution appearing above, adopted by the Council of the Town of
Port Saunders on the 29th day of May, 2007.
Motion 07-072
Dcvclopm enl Regulations/ ,\mendm cnt
lR.lEG Il§1f lE JRlElD
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--
TABLE OF CONTENTS
SECTION A
NEWFOUNDLAND REGULATION 3/01,
MADE BY MlNlSTER OF MUNICIPAL
AND PROVINCIAL AFFAIRS, 2 JANUARY, 2001
SECTIONB
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
SECTION A
NEWFOUNDLAND REGULATION 3/01
Dcvelopmmit Regula:tions
under the
Urban and Rural Planning Act, 2000
(FHed January 2. 2001)
Under the authority of section 36 of the Urban imd Rural P/a¥111ing At:I, 2000, I make the foll~ regulations.
Dated at St. John"s, Janl.lal'}"2, 2001.
REGULATIONS
L Short title
2, Dcfinftlooe
3 Application
5, Notice Ofright to a:ppeel
7. Appeal ugistration
8. ~velopmcnl prohibi.UXI
10. Hearing of.wi.dcDce
1 l. .Board decision
13. Notice: ofvariance
17. Discontinuapce of DOtl-COnforming u~
Sbort title
Joan MJU'ie Aylward
Minister ofMu.nicipnl and Provincial Aff'airs
i. These regulations lnl'l)' ~ cited as the De:velcpmertt .Regulations.
Dd'i.nitiow:
(a) "A.cf", unless the cont.ext indicate otherwise, mean.<;. the Utban and Rural Planning Act. 1000;
(b) "applicant" means a person who has applied to an authority fbr an approval or permit to carry out a
development;
(c) "w:rthorityH means a council. authorized adtt:llnistrator or regional authority; aod
( d) ''developmem regulations" means these regulations and regulations and by~laws respecting development that
have been imacted. by the: relevant authority,
Application
3. ( 1) These regnlations 5hall be included in the development regulations of an authortcy and shall apply to all
planning ateas.
(2) Where there is a oonfilct between these regulatiot1$ i,md development regulati.ons or other regulations of an
authority, these ~Olli shall app!y.
(3) WbCT1:1 another Act of the province provides a right of appeal t.o the board, these regulations shalt apply f.l:t
tb.toppeat.
Interpretation
4. (1) lo developmr:nt regulations and other regulations made with respect to a planning arw the following terms
shall have the meanings indicated in this section
(a) "access" means a way used or intended to be used by vehicles, pedf::str:ial:ls or animals i.n order to go from
a meet t.o ai::ljacent or nearby lawl or to go from that land t.o the street;
(i) a detached subordinate buil.di:ng not used as a dwelling, located on the same lot 1.1$ the main buildlrlg to
which it is an accessory and which ha$ a use that is c:ustomari1y incidental or complementary to the main
use oftbe building or Land.
(il) for residential uses, domestic garages. carports, ramps, sheds.. swimming pools, grectthouses, cold
frw:xuw, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and~
antetmae,
(iv) for iJidustri.a1 uses, gant3CS, offices, raised ramps and docks;
(i::) "accessory use" :means a use ttw iS ~to
a permitted or discretionary use and that is customarily
expected to OCCW' with the perm.it.ted Dr' disi::retionary u.<;e;
(d) "building height" means the vertical distance, measured ill metres from the established grade to the
(i) highest point of the roofsurfu.ce of a flat roof,
(ii") deck line of a mansard roof. and
(iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof,.
and in any ease, a building height &hall not include mechanical 5U'l.U:tl.lre, smokestacks, steeples and pmely
.:ornamental struetutes above a roof;
(e) "building line" means a line established by an authority that runs parallel to a street line and is set at the
closest point to a. :.;tteet that a buildiog may be placed;
(f) "discretioruuy use" means a use that is listed within the disaetioruuyuse cl.Mses e9tahlished in the use zone
tables of an authority"s development n:gulations;
(g) "established ~e" means,
(i) where used in«:fe.rence to a building. the ave.rage elevation oft.he futlsheds~ oft.be gl:Olll)d where
it meets the exterior or the front of that building exclusive of any artificial embazikmcnt or entrenchment,
'"
(ii) Where used in reference to a stl'l1Cttrre that is not a buildi:o.g. Ehe average ele~on of the futi$bc.d grade
of the ground immediately surrounding lhe stnlGtUre,. exclusive of my artificial eroba:nl;:ment or
entrenchment;
(h) "floor area" means the total area of all floors in a building l:llt=.urcd to the outside fac1!: of exterior walls;
(i) "frontage" .c:neans the boriz;om.al distance between side lot line!!i measured at the building line;
G) "lot" means a plot. tract or parcel nf1md which can be considered 8S a unit ofland fur a particular use or
building;
(k) "lot area" means the total horizontal area within the lines ofthe lot;
(J) "lot covernge" n.u:ans the combined area of all building on 111 Jot m.CltlSU.n#d at the level oftbe lowest floor
above the esutblished grade and expressed as a percen.iage oftbe ~
uca of the Jot;
(m) "nori.-confurnring use" means a legally existi:ng use lhat is not .listed as a permitted or discretionary use for
the use zone in wh.ic:h it is locl;1t.ed or which does not meet the d.ewJopm:e:o.t standards fot thu use :zone:
(n) ''owm:-'' means 11. person or o!l:JJ organizariim of persons awning or having the legal right to use the land under
CQnSide:rlllt:ion;
(o) "petm~d use" means I\ use that is listed within the~
U$CclltSS¢$ set out in the use zone tables of
an authority' 's development regulations;
(p) .. prohibited use .. n:i.eans a use :Wat.is wt listed in a use J:QnC within the pe:mili:tt:d use classes or discreti.ona1y
use classes or a use that an imthority specifies as not pennittcd within a use zone:
(q) "sign" means a word, letter, m.odcl. placard, board. device OT representation. whe~i;- illuminated o. not. in
t.be lll:!.l'Ute of or employed whol'ly or in pen for the purpose of advertisement. atttl.QUllcernent or direclloo and
excludes those things employed w})Qlly as a mi;morial, advertisements t>f local government, u.til:iti..;s and
boarding or &in:iilar stnlCtl..l.res used. for the display of advertisemc:nts;
(T) ":rear y;ud depth" means lhe distance~ the rear lot line and the rear wall oftbe wain buildin,g an a
!""
(s) "side yard depth" means the ~e
betw¢'C'll the sid~ lot line: and the nctaest side wall ofa building on the
lot;
(t) "Street" mearas a streeJ.. toad, highway w other way designed for the passage ofvehicb ;:ind pedestrians and
whid1 is acoess:ible by fire dep.anw.ent and other em~
Yebiclc:s;
(1,1) "street line" means the edge of a st.reci: ~n
a."> defined by the authority havin,gjurisd.imoo;
(v) "use" means a buildi,qg or activity situated QJl a lot or a development permitted on a lot;
(w) "use zone" or "Zone"' means an area of land including build.iop and water desi~
OJ:l the zonins map
to which the l.lSCS, &tand.wds and coriditiotl!!i ofa particular use zone table apply;
(x) ''variance" means ad~.
to a maximum. of 100/o from.the yard, aret:l, lot coverage, setbadr::, size, hcight,
frontage or any other numeric requirement of the applicable Use Zone Table of the atrtbority .. s reglllmions; and
(y) "zontug map" meaos the ma:p ox maps fJllaChcd to and fonn.ing a part of the authDricy.<"s regulations.
(2) An ~mhori!y l1l<!y, in its di.si:;:retion, detemrine the uses that :m.ay or may not he developeP, ill a use zone and thoS¢ uses
shall be listed in the authority''s regulatio:ms as discretionary, permitted or pt0hi1'ited uses for that area.
Notice of right to appeul
S. Where an authority makes a decisicm that.may be appealed undeT section 42 of the Act. that authority shall in writiJlg,
at the time ofmak.i.ra& that decision. notify the person to whow. the d~ion :;ipplir;s oftht::
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons ta appeal the decision; and
( d) manner of m.aking mi appeal md the addmss for the filing of the appeal
Appeal requirements
6. (1) The secretary of the board at 1he Departm.ellt ofMunic;ipal and Provincial Affitirs, Mein Floor, Confederation
Suilding (WestBl<>ek), P.0, Box8700, St. John"s, Nfld., AlB 4J6 is the secretruyto all boards in the province and.an
q.ppeal filed with that secretary within the time period :referred to in subsection 42(4) of the Act shall be considered to
have been filed with the appropriate board.
(2) NotWithstmding ~
(1), ~the
Ci1y of Comer Bn:iok, City ofMou.nt Pearl or City of St.. Jobn''s appoints
an appeal board under subsection 40(2) of the Act. an appeal shall be filed with the secretary of1hat appointed board.
(3) The fee roquired under section 44 of the Act shall be paid to the board that bears the decision being appealed by filing
it with the secretary referred to in subsection (1) or (2) within the 14 dayi; referred to in Sllbsection 42(4) of the Aa.
{ 4) Tue board that hears the decision being appealed shall. subject to wbseciicm 44(3) of the Act, retain the fee paid to
the bofu.d.
(S) Where an appeal ofa decision and the requited fee is notreoetved bya board ln accordalwe with this section und Part
VI of the Act. the right ro appeal that decision shall be ctm.Sidered t.o have been furfeited.
Appeal registrattGn
7. (1) Upon receipt of an appeal and fee as required under the Act and these regulations, the soc:retaty of the board as
refeJ:red to :in subsections 6(1) and (2), shall immediately i:egi.5ter ~
llppC31.
(2) Where an appeal has been registered the secremry of the- board shall notify the appropriate authority of the appeal
and shall provide to the authority a copy of the appeal and the documentation related to the appeal.
(3) \Vb.ere an authority ha& been uctificd of an appeal dlat authority shall forwm'd to the (IJ)propriate board a copy of' the
applica.lion being appealed. all correspm.u:lenee, oouncil mto.utes, plans and other relevant infbrmation :relating t.o the
appeal includllig the names and addresses of the applicant and other interested persons of whom the authority has
knowledge.
(4) Upon receipt of the information under wbsect:i.<m (3). the ~of
the board shall publish in a newspaper
circulated in the m-ea of the appropriat= authority, a notice that die appeal has been registered.
(S) A notice published under S'Ubseotion ( 4} shall be published. not fewer than 2 weeks before the date upon which the
appeal is to be heard by the board.
Development prohibited
8. (1) Immediately upon notice of the registration of tlll appeal ~
app~ a\rthority :;.ball ~
tba1 any
development upon the property that is the subjoot of the appeal ceases,
(2) Sections 102 md 104 ofthe Act apply to an authority acting under substxltion (1).
(3) Upon 1'0Ceipt of a ;o.o.tifica.tion of the registratiQn of an appeal with respect to an order under section 1 02 of the Act.
an authority shall not carry out work relat¢d to the matter being ap~W..
Bearing notice -nd meetings
9'. {1) A board shall notify the appellant, applicant. authority and other persons affected by the subject of rm appeal of
the dale, time and place .fQ; the appeal not fewer t.b.an J. days before the date l:l<(;;heduled fQr the bearl.t.ig of the appeal.
(2} A board may meet as often as is necessary t;;:i conduct jts, wotk in illl expeditious mntlner.
Hearing of evid.et1ce
10. (1) A boITT"d shall .meet at a. pla.cc within !he area under its jurisdiction apd_ the~
and other persons nottfied
under su~on 9(1) ox their representative ma,y appear before the board and ltUIJc# rcprcsetJ.tation.s with re$p00! to the
matt.er being. appealed.
(2) A board shall hear axa appeal ill accordimce with section 43 of the Act and these regulations.
(3) A written -report submitted under subsection 43(2) of the Act res~
a visit to ar.od vic:'W'ingcfa prope:rty sha1l be
considered to have been J')tovid~ in the same n:w.nner as evidence i;lirectly provided at the hearing of the board.
{4) ltt the conduct of an appeal bearing, the board is not betuod by the tulcs ofevidi:nce.
ll. A decision of the board must comply wirh the~ $t:hcme w: development regulalion.s: that apply to the matter that
has been appeale.d tQ thru: board
Varlanc~
12. (1) Where an 8Pl'f'O'Val or pemtit cannot be given by an authority beeau.se a proposed ckvelopmC.D.t dcx:s not comply
with development standvds set out in developm.ent .regulatious, an authority may. in it$ disri.\t'etion, vary the applin;able
development. standards- tJ.> amtixiinum. l'>flOo/ .. U: in the authority"s opmion,. C!Ompliance with the develOpment ~
WOUid pni:ju.:fii::e the proper developmimt oftbe land, bllilding or stnrctute in question or would bo eonuary tu public
interest.
(2) An .authority shall not allow a variance from development standards set out in development regulations if that
variallce, when co~ered together 'With other vmiaJ:J.ces made or to be made with respect t.o tbe same land, building w
structure, would have a cwnulative effe.et that is greater than a 10% variance even thoUgb the in(lividuaJ Variane¢S are
separately no more than l 0%.
(3)Anawhorityshallnotp~avariance:frotndevelopmentstandatdswberetbeproposeddeve!opme:ntWOOldim::Iease
the non conformtty of an existing developn;11:n:t.
Notice tlf varianCfl
13. Where an authority is to oonsider a proposed variance, that av.thority shall give written notice of the proposed
varimu:e from dcvelQpWentstatidards to .all persons whose land is in the ixnmediate vicinity of the land that is the subject
ofthe variance,
14. A residential buildlng or smtctm'e referred to in paragmph I 08(3)(.g) ofthe Act must. where be.ir:ig repaired or rebuilt,
be repaired or rebuilt ixl accordance with the plan and developmi::nt regul&ions applicable to tbilt buildipg or $tnlctllR:.
Notice and hearings on eha.oge of UM:
15. Where ¢0D.Sidering. a non ¢0Jlforrning buildi.llg. :structu:te or development un<ler paragraph 108(3)(d) of the Acr and
before making a decision to vary an existing U$E: of that non~
build.in& &tntCtu.t'e or development.. an authority,
M the applic.ant"s expense, .shall pt.thllsh a notice in. a newll:papt::r c:l:t'eulatmg i.n the area or by other mea:tLS give publit;
notice of an applicatioo to vary the existing use of a non-confom:ting bu.lldl:n,g. structu:re or developn1em and shall
c0J1Slder any represent.atit'.tns ot .su~
received in l'C'sponse to that advertise.t.nent
Non..confurmn.nce. with standards
16. Where a building. structure or development does not meet the developr.oent stundllrd.s included in development
.regulations, the building. structure or development !ibaU not be expanded if the expansion would ID.~ the non~
conforntit)' and an expansion must comply with the development stan.dan.is applicable to that building, sttucrure or
development.
Discc.ntinuance of non--conforming use
17. An authority may make development regulations providing fur a greater period Df time than is provided under
subsection 108(2) of the Act with respect to the time by which a discontinued n.on-coofomtlng use may resume operation.
18. An authority shall. where designating employees to whom ap0wer is to be delegated tmder subsection 109(3) of the
Act, make that d.e$i.g:nntion in writing.
Commencement
19. These regulations sbaU be considered to have come into fa.~ on January 1, 2001.
CcEad G. Tucker, Qneen's P'rtnter
SECTIONB
LAND USE, ZONING, SUBDIVISION AND
ADVERTISEMENT REGULAT:JONS
TABLE OF CONTENTS
Regulmion
APPLICATION
l.
Short Title ............ , .. , . , ...................... , , .. , ....... , _ .. .
2.
Interpretation
3.
Commencement ........................................................ 1
4.
Municipal Code and Regulations ........................................... I
5.
Authority . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
PART I - GENERAL REGULATIONS
6.
Compliance with Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
7.
Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
8.
Permit to be Issued ...................... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
9.
Permit Not to be Issued in Cerlain Cases .................................... 2
1 o.
Discretionary Powers of Auth.ority .... , ..- , ---. , ....................... , . - - 3
I 1.
Variances ......................................... : . . . . . . . . . . . . . . . . . . . 3
12.
Notice of Variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
13.
Serviee Levy . . . . . . . . . . . - . . . - - - - - - . . . - . . . . . . - .. . . . . . . . - . - . . . - - . . . . . . . . . 4
14.
Financial Guarantees by Developer ............. , , . . . . . . . . . . . . . . . . . . . . . . . . . 4
15.
:Oedic;;ation of Land for Public Uses ..........---.-.................. , ... , . . S
16.
Reinstatem.=t of Land . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
17.
Fon:nofApplication .................................................... S
18.
Register of Application ....................................... , . . . . . . . . . . 5
19.
Defennent of Application ...................... , .. , . . . . . . . . . . . . . . . . . . . . . . S
20.
Approval in Principle . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . 6
21.
Development Perm.it ... , .................................. , . . . . . . . . . . . . . 6
22.
Reasons fur Refusing Permit
. . . . . . . . . . . . . . . . . . . ...........--- , .-.- , . , . . . 7
23.
Notice ofRigh.t to Appeal ........... , ... , ................................. 7
24.
Appeal Requirements . . . . . . . . .. . . .
. .................................... 8
25.
Approval Reglstralion ............ , ................................... , ... 8
26.
Development Prohibited . . . . . . . . . . . . . . . . ...... , .... , ... , ..... , . . . .. , ... 9
Regula.don
Page#
27,
Appeal Board . , , , . , , ... , ..... , . , , , , ................. , ........ , ... , .... , . 9
28,
Appeals , ..... , , , ...... , , , , .. , , .... , , , , .... , .. , , , , ..... , , , ..... , , , . , . , . 9
29.
Hearing Notice and Meetings , , , . , , . , , . , . , , , , .. , , , , , , ...... , , , , . , ... , .. , , . 11
30.
HearlngofEvidencc , , ........ , ....... , ......... , . , , ..... , . , , . , ........ 11
31.
Return of Appeal Fee . , , .......... , ........................... , .. , ..... 12
32.
Notice of Application .. , ............ _ .................................... 12
33.
R.(ghtofF.ntty .. .. .. ..
.. ........................................... 12
34.
ReconiofViolatiODS , ................... , ........ , .. , ..... , , , ....... , .. 12
35.
Stop Work Order and Pro"""ution .. , , ......... , , . .. . . . . .. . .. . .. . . .. . . .. .. 12
36.
DeJegatio:n of Power ....................................... , . . . . . . . . . . . 12
PART II - GENERAL DEVELOPMENT STANDARDS
37.
Accesses and Service Stn:ets
, . . . . . . . . . . . . . . . . . . . . . . . ........ , ........ , . 13
38.
Accessory Buildings .. , . , .......................... , .... , ........ , , .. . . 13
39.
A.dvertisements .................... .
.. . ' ....... ' ....... ' ............ 13
40.
Buffer Strips . , , ...... , . , ...... , . , ...... , .. , , , ................ , . , .. . .. 13
4 I.
Building Height .. .. .. .. ..
.. .. .. . .. . . .. .. .. . .. . .. .. .. .. .. .. .. .. 14
42.
Building Line and Setback .... , .. , ..... , .................. , ..... , . , ..... 14
43.
Family and Group Care Centres ..... , .......................... , ...... , .. 14
44.
Height Exceptions . , . , , ....... , , .... , .. , , ........ , , .......... , ... , , .... 14
45.
Llvest.ock Structures and Uses ...................... , ........ , . . . . . . . . . . . 14
46.
Lot Area ' ... ' .... '' ...... ' ' .. ' ... ''' .. ' ... '' .. ' .... ' ...... '' '.' ..... 15
47.
Lot Area and Size Exceptions , . , .. , .. , ... , ............... , ............... 15
48.
Lot Frontage . , , , , ... , .. , .. , .. , . , , .. , .. , .. , , .... , .... , . , ..- , ......... , 16
49.
Non-Confonni:og Uses ................. , ................ , ............ , . 16
$0.
Offensive and Dangerous Uses ..... , ............ , .... , .... , .... , ... , . . . . . 17
51.
Off-street Parking Requirements ....... , ....... , ........ , ... , . , ....... , . , 17
52.
Off-street Loading Requirements ... , , .. , ..... , . , ............ , , , , . . ..... , . 18
Regulation
53.
Parks and Playgrounds and Conservation Uses .............. , .. , . . . . . . . . . . . . 19
54.
S""""1ing and Landscaping . . . . . . . . . . .. . . . . .. - .. . - .. .. .. . . . . . .. - .. .. - - - .. 19
55.
Services and Public Utilities .. _ .. ,.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
56.
Service Stations , .. , , ....-...-- , ...- , ..... , -....- , - , .- , ---.----.. , - . . . . 20
57.
Sideyards . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. .. . . .. .. . . .. . .. . .. .. . . . . . 20
58.
Street Construction Standards .. . . . . .. . .. .. .. .. . .. . . .. .. . . .. .. .. .. .. . .. .. 20
59.
S\l.bsidiary Apartments . . . . .. . .. . . . . .. . . . . .. . .. .. .. .. . . . . .. .. . . . . .. . . . . . 20
60.
Unsubdivided Land . . . . . . . . . . .. . . . .. . . . . . .. . .. .. .. .. .. . . .. . . . . . . . . . . . . . 20
61.
Zero Lot Line and Other Comprehensive Development ..-...- , .-...-.-..--... , 20
PART W ·ADVERTISEMENTS
62.
Permit Required . . . .. . . . . .. . .. . . . . . . . . . . .. . . . . .. . . . . . . . .. . . . . . . . . . . . . . 21
63.
Fon:n of Application ........... , ....................... , .............. , 21
64.
Advertisements Prohibited in Street Reservation .......- , . . . . . . . - . . . . . . . . . . . - 21
65.
Permit Valid for Limited Period ................. , ......................... 21
66.
Removal of Advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
67.
Advertisements Exempt from Control . . .. .. . .. . .. . . .. .. .. . . . . .. - .. . .. . . . . . 21
68.
Approval Subject to Conditions ..........-..-..-- , ...- , -. , , , , - , ---.--.. , . 22
69.
Non~C-Onfortning Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART IV· SUBDIVISION OF LAND
70.
Permit Required . . . . . . . .. . .. .. . . . . .. . . .. . .. .. . . .. .. . . .. . . . .. . .. . . .. - . . 23
71.
Services to be Provided . . .. . .. .. . . . . .. . . .. . . . . . .. .. .. . . .. .. . .. . .. . . . . . .. 23
72.
Payment of Service Levies and Other Charges .............. , , .... , ..... , . . . . 23
73.
Issue of Permit Subject to Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
74.
Building Pennits Required . . .. . .. . . . .. . . .. .. . . . . . . . .. . . . . .. . .. . .. . . . . . . . 24
75.
form of Application .................................................. 24
76.
Subdivision Suqject to Z..Oning ... , , --....- , --- , - , , ------ , ---------.--- , - - 24
77.
Building Lines . . . . . . . . . . . . .. . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 24
78.
Land for Public Open Space . .. .. . .. .. . .. . . . . . . . .. .. . . . .. . .. .. .. .. .. . . . . 24
Regulation
Page#
79.
Structure in Street Reservation .............. , ............................ 25
80.
Subdivision Design Standards
25
81.
Engineer to Design Works and Certify
ConstrUction Layout . , . . . . . . . . . .. . . . . . . . - .. . . . .. . .. . - . . .. . . . . . . .. . .. . . 27
82.
DevelOpertoPayEngi.neet'sFeesandCharges .............................. 27
83.
Street Works May be Dcf=ed . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 27
84.
Transfer of Streets and Utilities to A.u11rority -.......- , ....... , - . . . . . . . . .. . . . 28
85.
Restriction on Sale ofI..ots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
86.
Grouping of Dwellings and Lan<!.scapffig . . . . . . . . . . . . .. . . . . - . . .. . . . . . - . - . . .
28
l'ARTV. USE ZONES
87.
Use Zones ........ , , .................................. , , . . . . . . . . . . . . . 29
Use Classes ...... , .............................................. .
Permitted Uses .. , . , ............... , .................... .
29
29
88.
89.
90.
91.
Discretionmy Uses ..-.............................................. , , . 29
Uses NotPennitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
SCHEDULES
SCHEDULE A: Definitions
SCHEDULE B: Classl:fication of Uses of Land and Buildinjjs
SCHEDULE C: Use Zone Tables
SCHEDULE D: Off Street Parking Requirements
L"'1d Use Zoning Maps (not changed from the 1994-2004 Maps)
TOWN OF PORT SAUNDERS
2
Pagel
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Town of Port Saunders Development Regulations.
2. Interpretation
(!)
Wards 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
comxnonly assigned to them in the: context in which they are used in the Regulations.
3. CotiJlllencetnellt
These Regulations come into effect throughout the Port Saunders Municipal Planning Area,
hereinafter referred t.o as the Planning Area, on the date of publication of a notice to that
effect in the Newfuundland Gazette.
4. MWliclpal Cod- and R<gulatiom
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and any
other ancillary code and any Building Regulations, Wasre Disposal Regulation and/or any
other municipal regulations regulating or controlling the developm.ent, conservation and use
of land in force in the ToV¥n of Port Saunders,. shall, under these Regulations apply to the
entire Planning Area.
S. Authority
Jn these Regulations, "Authority" means the Council of the Town of Port Saunders.
PART I - GENERAL REGULATIONS
6. Compliance With Regulations
3
No development shall be carried out 'Within the Planning Area except in accor.dance with
these Regulations.
7. Permit Required
No person shall carcyout any development within the Planning: i\.reQ. exµept where otherwise
provided in these Regulations unless a permit for the development has been issued by the
Authority.
8. Pen.nit to be Issued
Subject to Regulat;ions 9 and 10, a pen:nit shall be issued for development within the
Planning Area that conforms to:
(a)
the general development standards set out in Part Il of these Regulations. the
reqUirementsofPartVoftheseRegulations.andtheuseclasses, standards,requlrem-
ents.. and conditions prescribed in Schedule C of these Regulations for the use :zone
.in which the proposed develo_pmen.t is located;
(b)
the standards set out in the Buildins; Code and/or other ancilliuy cod.,., and any
Building Regulations., Waste Disposal ltegulations. and/or any otb.cr muni~pal
regulatlon in force in the Planning Area regulating or controlling develo~
conservation and use of land and buildings;
(c)
the standards set out in Part m of these Regulations in the case of advertisement;
(d)
the standards set out in Part IV of these Regulations in the case of subdivision;
(e)
the standards of design and appearance established by the Authority.
9. Permit Not to be Issued in Certain Cases
Neither a pe:rmit nor approval in principle shall be issued for development within the
Planning Area wh¢n. in the opinion of the Authority. it is premature by re;ason of the sit.e
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 d.ee:med necessary by
the Authority and such oost shall attach to and upon the property in rupect of which it is
imposed.
10. D~retionar:y Powers of Authority
(1)
In consiru;rtng an application for a permit or approval in principle to carry out
development, the Authority shall take into &ee0unt the: policies expressed in the
Municipal Plan and any further scheme, plan or regulations pursuant thereto~ and
shall assess the [email protected] of the development of the an:a, the amcmit:y of the
surroundings. availability of utilities, public safety and convenience. and any other
considerations which are, in its opinion, :materialk andnotwithstanding the conformit;y
of the applica.ti9µ with the requirements of these Regulations, the Authority may. in
its disc.retioIJ.., and as a result of its consideration of the matters set out in this Regulat·
ion, conditionally approve or refuse the .i:wplication.
4
(2)
An Authority may, in its discretion, detemJ'ine the uses tbal: may or may not be
developed iu a use zone and those wes shall be listed in the Authorlty,s regulations
as discretionary, permitted or prohibited uses for that area
11. Variances (Refu tCI Mintsru 'a Develcpment Regulations, Section J :J, January 2, 2001)
(1)
Where an approval oc permit cannot be given by the Authority because a proposed
development does not comply with development standards set out in development
regulations. the Authority may, in its discretion, vary the applicable development
standards to a maximum of 10% ~ in the Authority's opinion. compliance with the
development S1llndatds would prejudice the proper development of the land, building
or structure in questi.on or would be contrary to public interest.
(2)
The Authority shall not allow a variance from de-velopment standards set out in
development regulations if tha:t variance, when considered together with other
variances made or to be made with respect to the same l~
building or structure,
would have a cumulative effect that is greater than a 10% variance even though the
individual variances are separately no more than 1 Oo/o.
(3)
The Authority shall not permit a va.ri.ance from development sta.nd.mds where the
proposed development would increase the non coofOJmity of an existing
development.
Il. N()tiCe of Variance (Ref err to Miniliter '11 DevellYf'ment &gulations, Seclirm 1$., Jamt.ary 2, 2001)
Where the Authority is to consider a proposed variance, the Authority shall give written
ootice of the proposed vm:iance ftom development stlllldards to all petllOnS whose land is in
the immediate vicinity of the land that is the subject of the variance.
13. Service Levy
(1)
The Authority may require a developer to pay a service levy where development is
made possible or "'1lere 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 estiruated cost, including finance charges
to the Authority of coJ1StrW)ting or improving the public works l'!i'erred to in
Regulation 13(1) 1hat are necessaey fbr the real property to be developed in
aooordance with the standards required by the Authority and for uses tha:t are
permitted on that real property.
(3)
A service levy shall be assessed on the re.al property based on:
(a)
the a.mount of real property benefited by the publie works related to all the
real property so benefited; and,
(b)
the density of development made capable or increased by the public work.
5
(4)
The Authority may require a =vice levy to be paid by the owner of the real property;
(a)
at the time the levy is imposed;
(b)
at the time develepment of the real property commences;
(c)
at the ti.me development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
14. Financial Guarantees by Developer
(1)
Tue Authority may teqUire a developer before co1l.1IJlCJ.lCing a development to make
sucll fuw:tcial provisions and/or enter into such agreements as may be required to
guarantee the payment of service levies,. ensure site reinstatement. and to eoforce the
carrying out of any other condition attached to a pc:nnit or licence.
(1-)
The financial provisions pursuant to .Regulati.on 14{1) may be tn.Qde in the foxm of:
(a)
a cash deposit from the-developer. to be held by the Authority, or:
(b)
a !l,Ual'.8ntee by a bank, or other institution ac<:eprable to the Minister, for
expenditures by the d¢veloper~ or;
(c)
a performance bond provided by an insurance company or a bank. or;
(d)
au annual contribution to a sinking fund held by the Authority, or;
(f)
another fon:u of financial guarantee that tho Authority may approve.
15. Dedication of Land for Public Use
In addition to the re.quire.men ts for d¢dication of land under Regulation 78, the Authority may
require the dedication of a percentage of the land area of any subdivision or other
developm.¢D.t for public use, and such land shall be conveyed to the Authority in a.ccordance
with the provisions of the Act.
16. Reinstatement of.Land
Where the use of land is discontinued or the intensity of its use is decreased, the Authority
may order the developer, the occupier of the site. or the owner or all of them to reinstate the
site. to remove all or any buildings or erections, to cover or :fill all wells or excavations, and
to close all or any accesses,. or to do any of these things or all of them. as the c.ase may be,
and the developer, occupier or owner shall carry out the order of the Authority and shall put
the sit.e in a clean and sanitary condition to the satisfaction of the Authority.
17. Form of Appli~tion
(1)
An application for a development permit or approval in principle shall be made only
by the owner or by a person authorized by the owner to the Authority on such form.
as maybe prescribed by the Authority, and every opplleation shall include such plans,
speci:fica.tions and drawings as the Authority may require,. and be accompanied by the
pen:uit foo required by the Authority.
(2)
The Authority shall supply to every applicant a copy of the applioarlon forms referred
6
to in R.ogulation 17(1) and a description of the plans, speci:fications and drawings
required. to be provided with the application and any infottnation or requirements
applicable to the application.
18. 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.
19. Deferment of Appli.,.tion
(!)
The Authority may, with the written agreement of the applicant, defer consideration
of an application.
(2)
Appli<ations properly submitted in acCOidanoe 'With these Reg!Jl.ations whicll have
not been determined by the Authority and on which a decision has not been com ..
munlcatedtotheapplicant'Withlneightweeksofthere<eiptthereofbytbeAuthority,
and on which consideration has not been deferred in aeoordance with Regulation
18(1), shall be deemed to be refused.
20. Approval In Principle
(1)
The Authority may grant approval in principl~ for the erection, alteration or
conversion of a building if,. aft.er considering an application for approval in principle
made under these Regulations, it is satisfied that the proposed dc::veloprnent is.
subject to the approval of detailed plans, in compliance with these Regulations.
(2)
Where approval in principle is granted under this Regulation. it shall be subject to the
subsequent approval by the Authority of such details as may be listed in the approval
in principle, which shall also specify that furtbeto application for approval of these
d¢tails shall be received not later than two years from the grant of approval in
principle.
21. Development Permit
(I)
A planordrawingwhichbas 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 pem:tlssion to develop land in accordance with these Regulations but such permis-
sion shall not relieve the applicant from full responsibility for obtaining permits or
approvals under any other regulation or statute prior to con:u:oencing the develo-
pment; from having the work catried out in accordance with these Regulations or any
7
other regulations or statutes; and :from compliance with all conditions imposed
thereunder.
(2)
The Authority may attach to a permit or to approval in principle such conditions as
it deems fit in order to ensure that the proposed development will be in accordance
with the purposes and intent of these Regulatioos.
(3)
Where the Auth<>rity deems necessary, !"'=its may be issued on a temporacy basis
for a period not exceeding two years, which may be extended in writing by the
Authority for further periods not exceeding two years.
( 4)
A permit is valid for such period. not in excess of two years. as may be stated therein,
and if the development has not commenced, the permit may be :renewed for a further
period not in excess of one year, but a permit shall not be renewed more than once.
except in the case of a permit for an advertisement. vvbich may be ~ed
in
a-000rdance with Part fil of these Regulations.
(5)
The approval of any application and plans or drawings ortheissueofapermit 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 tbi& or any other .regulations
or statute.
(6)
The Authority may revoke a !"'=it for failure by tho holder of it to comply with
these Regulations or aJJY condition attached to the permit or wb~ the permit was
issued in error or was issued on the basis of inC01Tect information..
(7)
No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter or thing in
being done for which a penuit has been issued, a copy of the !"'=it and any plans.
drawings or specifications on which the issue of the permit was based dwiug the
whole progress of the work,. or~ doing of the matter or tb.ing lmli1 completi0n..
22. Reasons for Refus.iltg Permit
Tue Authority shall. when refusing to issue a permit or attaching conditions to a pennit. state
the reasons for so doing.
23. Notice of Right to Appeal (R.i!/c:r to Mini.Gier 's .Development R.cgulotions, SrJClirm S, Jamu:uy 2. 2001)
Where the Authority makes a decision that may be apPealed under section 42 of the Act, the
8
Authority shal.l. in 'Writing. at the time of making that decision, notify the person to whom
the decision. applies. of the
(a) person's right to appeal the decision to the 00.ard;.
(b) time by which an appeal is to be !Dllde;
(c) right of other interested perSODS to appeal the decision; and
( d) manner of making an appeal and the address for the filing of the appeal.
:24. Appeal Requirements ( Rtifcrr to Minisler 's Development Regulations, Section 6, J<IJ1:W.U'Y 2, 2001)
(!)
The se<:retary of the Appeal Board at the Department of Municipal and Provincial
Affuin;, Main Floor, Confederation Building (West Block), P .0. Box 8700, St.
John's, Nfld., AlB 4J6 is the secretary to all Appeal Boards in the province and an
appeal filed with that secretary within the time period referred to in subsection 42( 4)
of the Act shall be c:onsidcred to have been filed with the appropriate Appeal Board.
(2)
The fee required under section 44 of the Act shall be paid to the Appell! )3oard that
hears the decision being appealed by filing it with the seoretary refe!Ted to in
mtbsection (I) or (2) within the 14 days ref\med to in subseedon 42(4) of the Act.
(3)
The Appeal Board that hears the decision being appealed shall, subject to subsection
44(3) of the Act, retain the fee paid to the Appeal Board.
(4)
Where an appeal of a decision and the required fCe is not received by.,, Appeal
Board in accorda!lee with this section and Part Vl of the Act, the right to appeal that
decision. shall be considered to have been furfeited.
2,5, Appeal Regist.ration (R.efet' l't> M'inisteY 's Development Regulations. Section 7, Jt11tUary 2, 2001)
(I)
Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the Appeal Board as re:fexred to in subsections 24(1) and (2), shall
immediarely Ngjster the appeal.
(2)
Where an appeal has been registered the =etary of the Appeal Board shall notlfy
the Authority of the appeal and shall provide to the Authority a copy of the appeal
and the documentation relared to the appeal.
(3)
Where the Authority has been notified of an appeal that Authority shall within one
week of notification foi;ward to the appropriate board a eopy of the application. being
appealed. all correspondence, council minutes~ plans and other relevant information
relating to the appeal including the names and addresses of the applicant and other
interested persons of whom the Authority has knowledge.
(4)
Uponreceiptoftheinformation undersubsection(3), the secretmyofthe board shall
publish in a newspaper circulated in the area of the appropriate Authority, a notice
that the appeal has been regh1.ered.
9
(5)
A notice publishod under sub=:tion ( 4) shaJl be published not fowe- than 2 weeks
before the date upon which the appeal is to be heard by the board.
26, Development Prohibited (Refer 10 Minister's D.wclopmsn.t Regulations, Section 8, January 2, 2001)
(1)
Immediately upon notice of the registration of an appeal the Authority sball ensure
that any development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of tho Act -ly to the Authority acting under suhsoction (!).
(3)
Upon receipt of a notilication of the registration of an appeal with respect to an order
under section I 02 of the Act, the Authority shall not caxry out worl<: related to the
matter being appealed.
27. Appeal Board
(I)
The minist<:r may, by order, establish an Appeal Boaro and shall assign to the Appeal
Board a specific area of the province over wbl¢h it shall have jurisdiction., as outlined
in section 40~ of the Act.
28. Appeals
(I)
A person or an association of persons aggrieved of a decision that, under the
regulations. :tnay be appealed. may appeal that decision to the appropriate Appeal
Board where the decision is with respect to:
(a) an application to undertake a development;
(b) a revocation of an approval or a permit to undertake a development;
(c) the issuance ofa stop work order; and
( d) a decision permitted under the Act or another Act to be appealed to the board.
(2)
A decision of the Authority to adopt. approve or proceed with a municipal plan, a
scheme. development regulations and amendm.en.ts and revisions of them is final and
not subject to an appeal.
(3)
An Appeal Board shall not make a decision th.."'lt does not comply with the mu:z:ticipal
plan. a scheme and development regulations that apply to the matter being appealed.
(4)
An appeal shall be filed with the Appeal Board not more than 14 days airer the
person who made the original application appealed from has received the decision
being appealed.
(5)
An appeal sball be made in writing and sball include
(a) a summary of the decision appealed. from;
(b) the grounds for the appeal; and
(c) the required foe.
10
(6)
A pason or group of persons affected by the subject of an appeal or their
representatives may appear before an Appeal Board and make representations
conoerning the matter under aweaL
(7)
An Appeal Board may inft>nn itself of the subject matter of the appeal in the manner
it considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance with the Act
and the municipal pl~ scheme and regulations that have been registered under
section 24, of the Act, and having regard to the circumstances and merits of the case.
(9)
A decision of the Appeal Board must comply with the plan, scheme or development
regulations that apply to the ma- that has b= appealed to that board.
(10)
In determining an appeal, an Appeal Board may oonfinn. reverse orvary the decision
appealed from and may impose those conclitiou that the board considers appropriate
in the circumstances and may direct the Authority to carry out its decision or make
the necessary order to have its decision irnpleme:nted.
(l l)
Notwithstanding subsection (10), where the Authority may, in its discretion, make
a decisio~ an Appeal Board shall not make another decision tha:t ovenules the
discretionary decision,
(12)
The decision of a majority of the members of an Appeal Board present at the hearing
ofim appeal shall be the decision of the Appeal Bom:d.
(13)
AnAppeal Board shall, in writing notify the appellant tmd the appropriate Authority
of the decision of the Appeal Board.
29. Bearing Notice and Meetings (Refer to Mtnitl1er 's Development RaguL:ll!ir.ms, Sectfr:m 9, January 2, 2001)
(l)
An Appeal Board shall notify the appellant, applicant. Authority tmd other persons
affected by the subject of an appeal of the date, time and place for the appeal not
fewer than 7 days before the date scheduled for the hearing of the appeal.
(2)
An Appeal Board may meet as often as is necessaxy to conduct its work in an
expeditious manner.
II
30. Hctll:'inl: of Evidence
(Re/CT/() MjnJsrer's Developme:n! .Regulations. Section 1(), January 2, 2001)
(1)
An Appeal Board shall meet at a place within the anm. under its jurisdiction and the
appellant and other persons notified under regulation 29(1) or their representative
ml>.y appear before the Appeal Board and make representations with respe<:t ro the
matter bcing appealed.
(2)
An Appeal Board shall hear an appeal in acc""""1ce with section 43 of the Act and
these regulations.
(3)
A written report submitted under subsection43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner
as evidence directly provided at the hearing of the Appeal Board.
(4)
In the conduct of an appeal hearing. the Appeal Board is not bound by the rules of
evidence .
.31. Retnrn of Appeal Fee
Where an appeal made by an appellant under section 42 of the Act. is successful, an amount
of money equal w the te<> paid by that appellant under regulation 24(2) shall be paid ro bim
or her by the Authority.
32. Nodce o:t Applicadon
(I)
When a change in non conforming use is to be considered under Regulation 49, or
when the development proposed is listed as a discretionary use hi Schedule C of the
Regulations, the Authority shall, at the expense of the applicant, give notice of an
application for a permit or for approval in principle. by public advertisement in a
newspaper circulating in the area.
(2)
When a. variance is necessary under Regulation 11~ and the Authority wishes to
consider whether to authorize such a variance from development st:and.ards, the
Authority shall give written notice of the proposed variance to all persons whose land
is in the immediate vicinity of the land that is the subject of the variance.
33. Right of Entry
Tue Authority~ the Director. or any inspector may enter upon any public or private land and
may at all reasonable times enter any developttlent or building upon the 1.and for the purpose
of making swveys 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.
PIUt II - GelumJ1 Dew!lopment St4ndards
34. Record of Violations
Page 12
Every inspecto:r shall keep a record of any violation of these regulations which comes to his
knowledge and report that violation to the Authority,
35. Stop Work Orde.- and Prosecution
(1)
Where a person begins a development contrary or apparently conttary to these
Regulations~ the Authority n:uxy order that person to stop the development or 'W'Ork
cormected therewith pending final adjudication in any prosecution arising out of the
development.
(2)
A pe<son who does not comply with an order made under Regulation 35(1) is guilty
of an offence under the provisions of the Act.
36 Delegation of Powers (Refer to Minister's Developmem R.egulattons, Section 18. January 2, 2001)
An Authority shall. where designating employees to whom a power is to be delegated under
subsection I 09(2) of the Act, make that designation in writing.
PART D - GEN:ERAL DEVELOPMENT STANDARDS
37. Ae<:esses and Service Streets
(1)
Access shall be located to the specification of the Authorit;y .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 acc.esses to
collector and arterial streets.
(2)
No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
38. Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the use of the
main buildings in character, use and size, and shall be contained on the same lot
(2)
No accessory building or part thereof shall project in front of any building line.
(3)
The s:i.deyard requirements set out in the use zone tables in these Regulations shall
apply to accessory building.'l wherever they are located on the lot but accessoxy
Page 13
buildings on two (2) adjoinmg properties may be built to property boundaries
provided they shall be of fire resistant construction and have a common firewall.
39. Advertisements
Advertisements shall not be c:xected or displayed except in accordance with Part m of these
Regulations,
40. Buffer Strips
'Where any industrial development permitted in any Use Zone abuts an existing or proposed
residential area, or is separated from it by a road only. the owner of the site of the industrial
development shall provide a buffer strip not less than ten (I 0) metres wide between wzy
residential activity and the ind~ area. The buffer shall include the provision of such
natural or structural battier as may be required by the Authority and shall be maintained by
the O'Wtl.er or occupier to the satisfaction of the Authority.
41. Building Height
The Authority may permit the erection of buildings of a height greater than that specified in
Soh<dule C, but in such cases the building line setback: and reatyard requirements shall be
varied .as follows:
(I)
The building line setback shall be i=rcased by 2 metres fbreveey I metre i=resse
in height.
(2)
The rea:ryard shall not be less than the minimum building line S<tback oo.lculated as
described in (1) above plus 6 metres.
42. Building Llne and Setbaek
The Authority, by zcsolution, may establish building lines on an existing or proposed street
or service street and may requite any new builcliogs 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.
43. Family a.nd Group c..,.. C.-.S
Family group care centre use is pennined .in any dwelling or apa:rtm.ent that is adequate in
siz.e 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. ortht neighbourhood in which
it is located. The Authority may require spe<::ial access and safety features to be provided for
the occupants before occupancy is pexmitted.
44. Height Eueptions
The height N!quirement:s prescribed in Schedule C of these Regulations may be waived in the
case of communication masts and antennae. flagpoles, warer towers. f;pires, belfries, or
Paga 14
chimneys~ but any such waiver which results in an increase of more than 10% of the
permitted height of the structure shall only be authorized under the provisions ofRegulation
11 and with notice given under the provisions of Regulation 12 and 32.
45. Livestock Structures and Uses
(1)
No structure designed tooontainmorethanfive animal units shall be erected or used
unless it complies with the following requirement$:
(a)
The structure shall be at least 600 m from a residence, (""""Pt a farm
residence or a residence which is a non-conforming use in any zone in which
agriculture is a permitted use class in the Use Zone Tables in Schedule C of
these Regulations). and, from an area designated fo:r: residential use in an
approved Plan, and, from a Provincial or Federal Park.
(b)
The structure shall be at least 60 m from tho boundaey of the property on
which it is to be erected.
( c)
The structure shall be at least 90 m from the centre line of a street.
(d)
The erection of the structure shall be approved by the Depanme-ntofForestry
& Agriculture and the Department ofEnviromncnt & L=ds.
(2)
No development for residential use shall be permitted within 600 m of an existing
structure designed t.o contain more than five a.nimaJ. units unles$ the development is
first approved by the Department of Forest, Resources and Agrlf<>ods.
46. LotArea
(!)
No lot shall be reduced in area. either by the conveyance or alienation of any p0rtion
thereof or otherwise, so that any building or structure on such lot shall have a lot
coverage that exceeds,. or a front yar~ rear yard,. side yard, frontage o:i: lot area that
is less than that permitted by these Regula:tions for the zone in 'W'hich such lot is
located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a yard, it
shall continue to be so used regardless of any change in the ownership of the lot or
any part thereof, and shall not be deemed to form. part of an adjacent lot for the
purpose of computing the area thereof available for buildlng purposes.
47. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist
in any residential zone, with insufficient frontage or area to permit the owner or purchaser
of such a lot or lots to comply with the provisions of these Regulations, then these
Part H - General DeveWpmeM Standards
Regulations shall not prevent the issuing of a permit by the Authority for the erection of a
dwelli.ngth=n, provided tbatthe lot coverage and height axe 110t greater than,. and the yards
and :floor area are not less than the standards set out in these Regulations.
48. 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 for.ms part of a Comprehensive Development
Scheme.
49. Non ... Conforming Use
(Refv to MtniStsr 's Develbpmem Regulario~, Section 14, 15, 16, 17, January 2.
2001)
(1)
Notwithstanding the Municipal Plan. scheme or regulations made tmder this Urban
and Rural Planning Act. 2001, the Authority shall, in acoordance with regulations
made under this Act,. allow a development or use of land to continue in a manner that
does not confonn with a regulation.. sehem~ or plan that applies to that land provided
that the non...confonning US¢ legally exiswd before the: registration Wldcr section 24
of the Act, scheme or regulations made with respect to that kind of development or
use.
(2)
NotWithstandingsubscction(l). aright to resume adiseontinuednon-confomllng use
of land shall 11Qt exceed 3 yeais after the discontinuance of tbat use.
(3)
A building. structure or development that does not conform to a scheme~ plan or
regulations made uoder the Act that is allowed to continue under subsection (I)
(a)
shall not be internally or externally varie~ extended or expanded unless
otherwise approved by the Authority;
(b)
shall not be structurally modified except as required for the safety of the
building,. struct.urc or development;
(C)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 500/0 or more of the value of that building, structure or
development has been destroyed;
(d)
may have the existing use for that building, strUCtute or development varied
by the Authority to a use that is~ in the Authority~ s opinion,, more compatible
with the plan and regulations applicable to it;
(e)
may have the existing buHdingextended by approval of the Authority where,
in the Authority~s opinion,. the extension is not more than SO% of the existing
building;
.
Cf")
where the non""COnfm:mance is with respect to the standards included in these
development regulatio~ shall not be expanded if the expansion would
increase the non-conformity and an expansion must e;omply with the
development standards applicable to that building~ structu.re or devclop:m.ent;
(g)
where the building or structure is primarily zoned and used fur residential
purposes, it may, in accordance with the municipal plan and regulations, be
repaired or Tebuilt where S0°4 or more of the value of that building or
,,.,,. 16
structure is destroyed but the residential building or struct:w:e, where being
repaired Or rebuilt, mu....t be repaired or rebuilt :in accordance with the plan
and development regulations applicable to that building or structure.
(4)
Before~ a decision to vaey an existing use of a non-confonning building,
structure ox develop:mem,. the Authority~ at the applicant's expense~ shall publish a
notice in a newspaper circulating in the area or by other means give public notice of
an application to vary the existing use of a non-conforming building. structure or
development and shall consider an:y representations or submissions received in
response to that advertisement.
SO. Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting tires or other hazards or which may emit noxioUS:o offensive or c.hmge:rous fumes,
smoke_ gases. radiation. smells, ash, dust or grlti, excessive noise or vibration, o:r 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.
Sl. Offstreet Parking Requirements
(I)
For every building. structure or use to be erected, eiilarged or establislred, there sbal.l
be provided and maintained a quantity of off-street parking i,paces suffi<Jeut to
ensure that the flow of traff:lc on adjacent streets is not impeded by the on-street
parking of vehicles associated with that buildi:og, structure or use.
(2)
The number of parking i,paces to be provided for any building, structure, use of
occupancy shall C<>nform to the standards set out in Schedule D of these Regulations.
(3)
Each parking i,pace, except in the case ofone or two-family dwellings, shall be made
accessible by means of a bard surtiioed right-of-way at least 3 m in width. Parking
required in a Residential Zone shall be px'Ovided on the same lot as the dwelling o:r
dwellings. Parking i,pace for apartmeats shall be provided in the rear yard whore
possible. In a Non-Residential Zone, parking spaces sbal.l be provided within the
lintlts of the zone in which the use is situated and not more than 200 m distant from
the use conoerned.
( 4)
The parldDg facilities required by tbis Regolation sbal.l, 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 shallmeanao.areaofland, not less than 15 mzinsize~ capable
of being used for the parking of a vehicle l'iithout the need to move other
vehicles on adjacent areas;
Pqg<! 17
(b)
the parking area shall be constructed and maintained to the specifications of
the Authority;
(c)
the lights used for illumination oftbe 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 S m2 in area may be
erected in the parking area for the use of attendants in the area;
( c)
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 natmal or structural
barrier at least 1 m in height shall be e!'OOt<d Md maintained along all lot
lines;
(i)
where, in tbeopinionoftbeAuthority, 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 ac.cordance wi1h
these Regulations in lieu of the provision of a parldng area, and the full
amount of the levy charged shall be used by the Authority fo:r the provision
Md upkeep of alternative parlring facilities within the general vicinity of the
development.
Sl. Off-Street Loading Requirements
(I)
For every buildhlg, sttucturo or use to be erected, onlarged or ostabl.isl:iAod requiring
the shipping, loading or unloadhlg of animals, goods, wami or merchandise, there
shall be provided and maintained for the premises loadmg facilities on hmd that is
not part of a street comprised of one or more loading spaces, 15 m lon& 4 m wide,
and having a vertical clearance of at least 4 m with direct access to a street or with
w:eess by a driveway of a minimum width of 6 m to a stteeL
(2)
The number ofloading -paces to be provided sball be determined by the Authority.
(3)
The loading fucilities required by this Regulation shall be so a:p:anged that vehicles
can manoeuvre clear of any street and so that it is not necessary for any vehicle to
reverse onto or from a street.
53. Parks and Playgrounds.. amd Co11Servation Uses
Nothing in these Regulations shall prevent the desigoation of conservation areas or the
establishment of parks and playgrounds in any :mnes 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.
54. Screening and Landscaping
The Authority may, in the case of existing unsightly developzp.cnt, order the owner or
Page 18
occupier to provide adequate and suitable landscaping or screening; and for this purpose may
require the submission of an application gi'\.i:ng 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 !an~ing or screen.ins is desimble to Jl.TI'S=I" amenity, or
protect the environm.ent.
55. Services and Public UtiUties
The Authority may within any zone pennit land to be used in C-ODjunction v.ith 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 concetned provided th.at the design and
landscaping of any development of any land so used i.s,. in the opinion of the Authority,
adequate to protect the character and appearance of the =.
56. Service Stations
The following require.tnents shall apply to all proposed service stations:
(a)
All s=line pumps sh.all be located on pump islands designed fur such purpose, and
to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and Vllbere
a service station is located on a eomer lot., the mjnjmum distance bet\Veen an aecess
and the intersection of street lines at the junction shall be 10 metres and the lot line
between en:trances sba1l be clearly indicated.
57. Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the exposed sides
of every building in order to provide acoess for the maintenance of that building.
58. Street Constructioll Standards
A new street may not be c:onstruct:cd except in accordance with and to the design and
specifications laid down by the Authority.
5?, Subsldlary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of
calculoting lot area and yard requimnents, shall be considered part of the self-contained
dwelling.
60. Unsnbdivided Land
Development is not permitted Oh unsubdivided land unless suffici(:llt 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.
Pm D - General DeveJDpmrmJ Standards
Page 19
61. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discreti.014 approve the erection of dwellings which a:re designed
to form p:art of a zero lot line development or other comprehensive layout which does no4
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
reason.able access to natu:ral daylight and the overall density within the la:yout conforms to
the regulations and standards set out in tbe Use Zone Table apply where the layout adjoins
other development.
,,_ 20
!:'ART m -ADVERTISEMENTS
62. Permit l«quired
Subject to the provisions of Regulation 67, no advertisement shall be erected or displayed in
the Planning Area unless a permit ror the advmsem=t is first obtained from tbe Authority.
Pcmrlt for erection or display of advertisement on Provincial Highways shall be obtain from
the Oovomment Service Centre.
63. Form of Application
Application for a permit to erect or diSplay an advertisement shall be made to the Authority
in oeeonlanoe with R..guiation 17.
64. Advertisements Prohibited in Street Rese.-vation
No advertisement shall be permitted to be erected or displayed within,. on or over any
highway or street :reservation.
65. Permit Valid for Limited Period
A permit granted U11dertbese Regulations rorthe erection or display of an advertisement shall
be for a limited period,. not ex;ceeding t\vo ycats~ but may be renewed at the discretion of the
Authority for similar periods.
66. Removal of Advertisements
Notwithstanding the provisions of these Regulations, tbe Authority may <eqmre the removal
of a:ny w:lvertise:m.cmt which. in its opinion.. is:
(a)
ha?..ardous to road traffic by reason of its siting, colour. illumjnaQon., or structural
condition,. or;
(b)
dettimental to the iune.nities of the surrounding area.
67. Advertisemlf:!nts Exempt from Control
The following advertisemODts may be erected or displayed in the Planning Area without
application to the Authority:
(a)
on a dwelling or within the oourtyan:1 of ad~Iling. one nameplate not exceeding 0.2
m 2 in area;
{b)
on an agricultural holding or farm, a notice board not exceeding I n1~ in area and
relating to the operations being conducted on the land;
( c)
on land used for forestry purposes, signs or notices not exceeding 1 m2 in area and
relating to forestry operations or the location of!oggi.ng operations eonducted on tbe
lat.id;
(d)
on land used for mining or qu.arry.ing ope.rations, a notic.e board not exceeding 1 m:l
Partm~Ad:v~
Page
21
in area relating to the operation conducted on the land;
( e)
on a dv.-elling or within the curtilage of a dwelli:n& one nameplate not exceeding 0.2
m:.i in area in connection with the practice of a professional person carried on in the
premises;
(:f)
on any site occupied by a church, school~ library, art gallecy) museum, institution or
cemetery-, one notice board not exceeding 1 rn2 in area;.
(g)
on the principal facade of any """"""1:cal, industrial or public building, the llJlme of
the building or the name of the occupant$ of the building,. in letters not exceeding
one~tenth of the height of that facade or 3 m. whichever is the lesser;
(h)
on any parking lot directional signs and one sign not exceeding 1 m2 in size,
identifying the parking lot.
68. Approval Subject to Conditioos
A permit may onlybe issuodfortheerection ordispleyofadvertisemeots which comply with
the appropriate eondi:dons and specifications set out in the Use Zone Tables in Schedule C
of these:: Regulations.
69. Non-Conforming Uses
Notwithstanding the provisions of Regulation 62, a pen:nit may be used for the: erection or
display of advertiseme:o.ts cm a building or within the courtyard of a building or on a parcel
of land, the use of which is a non eonfonxllng use, provided that the advertisement does not
exceed the size and type ofadvertisementwhicll coukl be permitted iftQe developrocotwas
in a Use Zone a.ppropriat¢ to its use, and subject to any other conditions ~ed. appropriate
by the Authoriey.
Page 22
PART IV - SUBDIVISION OF LAND
70. 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.
71. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions satisfhctory
to the Authority have been made in the application for a supply of clrinkingwat.er, a properly
designe<i sewage disposal system, and a properly designed storm. dnUnage system.
72. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reaebed for the payment of all fees levied byth.e Authority for connection to services, utilities
and streets d¢emed necessary for the proper development of the subdivision. and all se:t'Vice
levies and other charges imposed under Regulations 13 and 14.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when. in the opinion of the Authority) the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. Jn considering an applicatio~ the Authority shall,
without limiting the generality of the !bregoing, consider:
(a)
the locatian of the lllnd;
(b)
the availability of a.nd the demand created for schools, services, and utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
(d)
the land use, pbysica:t form and charaoter ofadjacent developments;
( e)
the transportation J'letwork and traffic densities affecting t.:.l:te site;
(t)
the relationship of the praject t.o 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, stremns, topsoil, trees and shrubs;
(j)
prevailing winds;
(k)
visual quality;
(1)
community facilities;
(m)
energy conservation;.
(n)
such otlwr matters as may affect the proposed developmen~
7 4. Building Permits Required
Notwiths1llnding 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 tmtil the developer has
Part IV - Subdivision of Land
Page 23
complied with all the provisioos of these Regulations with respect to the development of the
subdivision..
75. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in
accordance \Vi.th Regulation 17.
76. Subdivision Subject: to Zoning
The subdivision oflond shall be permitted only in confonuity with tho Use Zones delineated
on the Zoning Maps.
77. Building Lin ..
The Authority may establish builc:llng lines for any subdivision street and require any new
building to be locared on such building lines.
78. Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate to the
Authority. at no cost to the Authority. an area of land equivalent to not more than
10% of the gross area of the subdivision or 2$ m 2 for every dwelling unit permitted
in the subdivisio~ whichever is the greater. for public open space, provided that;
(a)
where land is subdivided for any purpose other than residential use. the
Authority shall detennine tho p<=eJltage of land to be dedicated;
(b)
if. in tho opinion of the Authority, no public open space is required, tho land
may be used fur such other public use as the A'Ul:b.orlty ma;y determine;
(c)
the location and suitability of any land dedica:ted under the provisions of this
Regulation shall be subject to the approval of the Authority but in any case,
the Authority sball not """"I" land which, in its opinion is incapable of
development for any pucpose;
(d)
the Authority may accept from the: developer in Jieu 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 dedieat:cd;
(e)
money received by tbl> Authority in accordance wilh Regulation 78(l)(d)
above, shall be reserved by the Authority for the pmpose of the acquisition
or development of land for public o:pen 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 fur the purposes of any
development that conforms with the requirements of these Regulations, and the
Part IV .. Subdlvlsilln of Land
Pau-24
pro<:oeds of any sale or other disposition of land shall be applied agalnst the cost of
acquisition or development of any other land for the pwposes of public open space
or other public purposes.
(3)
The Authority may require a strip oflaod to be ~served aod remain uadeveloped
along the banks of arty river, brook or pond, and th:islaodma:y, at the discretion of the
Authority, constitute the requirement oflaod for public use under Regulation 78(1).
79~ Structure in Street Reservation
The placing within any st.teet reservation of auy structure (for ex&nple, a hydro polei
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall ~ive the
prior approval of the Authority which shall be satisfied on the question of sa& construction
aod relationship to the adjoining buildings and other stnl.Ctlltes with:in the street reservation.
80. Subdivision Design Standards
No perm.it shall be issued for the development of a subdivision under these Regulations
unless the design of the subdivision confonns to the following standards:
(a)
The finished grade of streets shall not exceed IO percent.
(b)
Every cul de sac shall be provided with a turning circle ofa diam<ter ofnot less than
30m.
( c)
The ma:dmum length of any cul de sac shall be:
(i)
200m in areas served by or planned to be served by municipal piped water
and ~services) as shown in the map andletterofag:reementsigned by the
Municipality aod the Minister of Municipal aod Provincial Affi1irs in
connection with municipal five-year capital works program eligibility.
(ii)
300mlnarcasnotserved by orplmllled to bo_,,.a 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 appe\i'U." to terminate a collector street.
Cf)
New subdivisions shall have street coimections with an existing street or streets.
(g)
All street intersections shall be constructed within 5° of a right angle and this
alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street int.ersection.
(i)
No more than four streets shall join at any street intersection.
G)
No residential street block shall bo longer than 490 m betwe= street intersections.
(k)
Streets in 'Osidential subdivisions shall be designed inru:cordartce with the approved
standards of the Authority, but in the absence of such standards~ shall conform to the
following minimum standards:
Pan IV" SubdlviSton of Land
Type of Stroot
S""'1
l'llvemmt
Sii:lewaµc
Sidewalk
Re=vatloo
Width
Width
Nomber
Arrerlal Streets
30m
!Sm
1.Sm
disc:retion
of Council
Collector St:ceel$
20m
lSm
l.Sm
2
Loe.al Residential Street;;.;
where a.tore than SOl'/I'
!Sm
9m
l.Sm
l
of the uWls are single: or
double d~-ellings;
where 50% en· more of
20m
9m
l.5m
2
the units arc row
h01.1Se$ or anartments.
Service S~ets
!Sm
9m
t.Sm
dls=tlon
QfCoUl1Cdl
(I)
No lot inrended for residential purposes shall have a depth exceeding four times the
frontage.
(m)
Residential lois shall not be per.witted which abut a local street at both :front and :rear
lot lines.
(n)
1b.e Authority may require any existing natural~ historical or arcbitecnu:nl feature or
patt thereof to be retained when a subdivision is develaped
(o)
Land shall not be subdivided in such a manner as to prejudice the dev<i:lopment of
w.ljoining land.
81. Engtneer to Design Works and Certify Constrnction Layout
(I)
Plans ond specificotions far all water mains, hydmnts, sonitary sewers. stonn sewers
mu! all appurtenances thereto and all streets, paving, curbs, gutte'rS 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
Enginee'r. Such designs and spe<:ifications shall. upon approval by the Authority, be
incorporated in th~ plan of subdivision.
(2)
Upon approval by the A:uthority of the proposed subdivisio:t1. lheEnginee:r shall certify
all work of construction layout preJ.:imiMtY to the construction of the works and
thereupon the developer shall proceed to the construction and installation, at his own
cost and in accordance with the approved designs and specifications and the
construction layout certified by the Engineer, of all sucl1 waler mains, hydrants,
Slllilitary sewers and all appurtenances and of all such streets and other works deemed
necessary by the Authority to service the said area
8l. Developer to Pay Engineer's Fees and Charges
The developer shall pay ro theAulhority all the Engineer's fees and charges for lhe preparation
of designs and specifications and for the layout and supervision of construction; such fees and
Part. IV~ Subdivtdon of l.ahd
Page 26
charges being percentages of the total cost of materials and labour for the construction and
im.tallation of all works calculated in accordance with the Schedule ofFees recommonded by
The Association of Professional Engineers ofNewfoundland and in effect at the time the work
is carried out.
83. Stnet Works May Be Deferred
The construction and installation of all curbs and guttex's, catch basins, sidewalks and paving
specified by the Authority as being ne<==y, may, at the Authority's discretion, be deferred
until a later stage of the work on the development of tho subdivision but the developer shall
deposit with the Authority before approval of ltls applli:ation, an amount estimated by the
Engineer as reasonably suffic:ient to cover the cost of construction and installation of the
works. In 1he later stage of the work of development, the Authority shall call for tonders 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 contraot cost. If the con1:alet cost exceeds
the deposit. the developer shall pay to the Authority the amount of the excess. If the contra.ct
price is less than the deposit, the Authority shall refund the amount by which the deposit
exceeds the coDlmot price. Any amount so deposited with the Authority by the developer shall
be placed ill a sepame savings l!WCOUllt in a bank and all interest earned thereon shall be
credited 1o tho developer.
84. Transfer of Streets and Utilities to Anthority
(1)
The developer shall, following the approval of the subdivision of land and upon
request of the Authority~ transfe.t'to the Authority. at no cost to the Authority. and cl¢ar
of all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided whioh are
approved and designated by the Authority for public uses as streets, or other
rights-of-way, or for other public use;
(b)
all :leivicesorpublic worksincludlng-, water supply and distribution and
san.inuy an storm drai""8" systems installed in the subdivision that are
normally owned and operated by the Autbority.
(2)
Before the Authority shall """"Ptthetransferoflands, services or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets, semces
and public works in.suilled in the subdivision and oerti.fy his satisfaction with their
installatiOll.
(3)
The Authority shall not provide maintenance for any street, service or public work in
any subdivision until such time as such street, service or public work has been
transferred to and accepted by the Authority.
Part IV - $ubdfllis;fqn of Land
Page 27
85. Restriction on Sale of Lots
The devoloper shall not develop or dispose of any lat wi1hln 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 ="ed with satisfactory water supply and sewage disposal systems, and;
(b)
satisfactoey access to a street is provided for the lots.
86. Grouping of Buildings and Landscaping
(!)
Each plan of subdivision shall make provision for the grouping of building IYJleS and
for lanc!S<:aping in order to enhance th- visual aspects of tho oomplotod development
and to make the most use of existlug topograpby 8lld vegetation.
(2)
Building groupings, onoe approved by the Authority, shall not be <J:ianged without
written application to and subsequent approval of the Authority.
28
PART V ·USE ZONES
87. Use Zones
(1)
For the purpose of these Regulations, the Plaxming Area is divided into Use Zones
which ate shown on the Zoning Map attached to and forming part of these
RogulatiOIJS,
The Zoning Map is the Map forming part of tho Development
Regulations for 1994-2004; the said Map is continued in use and force, as amended.
(2)
Su~oct to Regu!atiou 87(3), tho permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in the
Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not set out
in the Use Zone Tables in Schedule c;. the Authority may in its discretion, determine
the standards, requirement> and conditions wbich shall apply.
88. Use Classes
1he specific uses to be included in each Use Class set out in the Use Zone Tables in Schedule
C shall be detcnnined by the Authority in accordance with tho classification aru! examples set
out in Schedule B.
89. Permitted Uses
Subject to these Regulations~ the uses that fall within the Permitted. Use Classes set out in the
appropriate Use Zone Table in Sclredule C shall be permitted by the Authority in that Use
Zone.
90. Discretionary Uses
Subjeet to those Regulationa, the uses that foll within tho Discretionary Use Classes set out
in the appropriate Use Z.One l'able in Schedule C may be permitted in that Use Zone if the
Authority is satisfied that the development would not be contwy to the general intent arul
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 32 and has considered any objections or
representations which may have been received on the matter.
91. Uses Not Pennitted
Uses that do not fall within the Permitted Use Classes or Discretionaxy Use Classes set out in
the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone.
SCHEDULE A
DEFINITIONS
ACCESS: A way used or intended to be used by vehicles) pedestrians or animals in order to go from
a street to adjacent or nearby land or to go from. that land to the street. (Refer to Minister's .Development
Regulations, Jant.tmy 2, 200 J}
ACCESSORY BUILDING:
(i)
A detached subo:rdi:nate building not used as a dwelling, located on the same lot as the
main building to which it is an accessory and which has a use that Ls customarily
incidental or complementary to the main use of the building or land,
(ii)
for residential uses, domestic garages, calports, ramps, sheds, sw:imm:ing pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennae.
(ill)
for commercial uses~ workshops or garages. and
(iv)
fur industrial uses, garages, offices, raised ramps and docks.
(Refer m Mi.rti.stel- 's Development RcgulatUm.f, Jomwry 2, 2001)
ACCESSORY USE,
A use that ls subsidiary to a permitted or discretionary use and tbat is
customarily cxpccted to occur with the peanitted or discretionary use. (Rtife:r to Minister'& De-.>e/opment
Regulmions, Janumy 2, 2001)
ACT: The Urban and Rural Planning Act, 2000.
ADVERTISEMENT: Any word, letter, model. sign, placard, board, notice, device orrepresentati<m,
whether illuminated or not_ in the nature of and. employed wholly or in part for the purposes of
advertisement,, announcement or direction; excluding such things employed wholly as a memorial)
or functional advertisement of Councils. or other local authorities,. public utilities and public transport
undertakers, and including ab.y boarding or similar sttucture used or adapted for use for the display
of advertisements.
A.GRJCULTURE: Horticulture, fruit growing, grain growing, seed growing, dairy tlu:tning, the
breeding or rearing of livestock, including any =iature kept for tbe production of food, wool, skins,
or fur, or for the pmposc of its use in the fam:tlng of land, the use of land as grazing land.. meadow
land, osier land. market gardens and nursery grmmds and the use of land :fur woodlands where that
use is ancillary to tbe farmiog of la:nd for any otlwr purpose. "Agricultural" shall be construed
accordingly.
AMUSEMENT USE: The use of land or buildings equiwe<J for tbe playing of electronic,
mechanical, or other games and amusements including electronic games~ pinball games and slot
mac:hine .areades and billiard and pool halls.
AJ\'lM.AL UNIT: Any one of the -following animals or groups of animals:
I bull;
1000 broiler chickens or roosters (l.8 - 2.3 kg each);
1 OOW (U,,,luding ca.1£);
100 temale mink (inc!udiDg llSSQciated males and kits);
4goats;
Xhogs (based on 453.6 kg~ I unit);
I horse (including foal);
125 laying hens;
4 sheep (U,,,luding lambs);
1 sow or breed sow (:including weaners and growers based on 453.6 kg= 1 unit);
X tm:keys, ducks, goese (based on 2,268 kg- 1 unit).
APARTMENT BUILDING: A building containing three or more dwelling units, but does not
include a row dwell.ins-
APPLICANT: A person who has applied to an Authority for an approval or permit to carry out a
developm.ent.
APPEAL BOAR.D: The appropriate Appeal Board established under the Act.
ARTERIAL STREET: The streets in the Pl.anoing Area eonstituting the main tmffic arteries of 1he
area and defined os arterial streets or highways in the Municipal Plan or on 1he 2'.oning Map.
AUTHORITY: The Town Council of Port Saunders.
BOARDING QOUSE: A dwel.ling in which at least 2 rooms.,.. regulaxly rented to persom other
th.an the jmmedjate family Of the OWil.C'I' or tenant.
BUILDING: Bvecy stru.cture, ~
excavation., alteration or improvement whatsoever placed on.
over or under J.a.nd, or attached, anchored or moored to land, and includes mobile structures, vehicles
and mar:ine vessels adapted or co:nsttucted fur residential, commercla.1. industrial and other like uses,
and any part of a building as so defined and any fixtures that form part of a building.
BUILDING BEIGHI: The vertical distance, measured in metres from the established grade to the
(i)
highest point of the roof surface of a flat roof.
(ii)
deck line of a mansard roof; and
(ill)
mean height level between the eave and the ridge of a gable, hip or gambrel roof, and
in any case, a building height shall not include mechanical struetu.re. smokestacks.,
steeples and purely ornamental structures above a roo£ (R.efer to Minister's Development
Regulm:il>ffll, January 2, :Z()OJ}
BUILDING LIN£: A line established by an Authority that runs parallel to a street line and is set at
the closest point to a street that a building may be placed. (Refm' to Minister's Development Regulations,
Jamuoy 2, 2()()1)
COLLECTOR STREET: A street that is designed to link local streets with arterial meets and which
is designated a.s a collector street in the Municipal Plan, ot on the Zoning Map.
DAYCARE CENTRE or DAY NURSERY: A building or part of a building in which services and
activities are regularly provided to children of pre~achool age during the full daytime~od as defined
under the Day Nurseries Act, but does not include a school as defined by the Schools A.et.
DEVELOPMENT: The c=ying out of any building, engineering, miniDg or other opemions jn, on.
over, or under~ or the making of any material change in the use., or the intensity of use of any
1'uld, buildings, or premise and without limiting the -crality of the forego~ shall specifically
include:
(a)
the making of an access onto a highway. road or way;
(b)
the erection of an advertisement or sign;
(e)
the parking of a trailer, or vehicle of any deserlption used fur the sale of refreshments
or merchandise, or as an office, or for living accommodalio~ for any period of time;
and shall eirelude:
(d)
the c.ar:r.y.ing out of works for the maintenance. improvement or otb~ altemtion or any
building. being works which affect only the interior of the buildlng or which do not
materially affe<:t the ex:temal appeamnre or use of the building;
(e)
the caizying out by a highway Authority of any works required for the maintenance or
improvement of a road; being works cmrled out on land within the boundaries of the
road reservation;
(f)
the canying out by any local Authority or s1atu1ocy undertakers of any works for the
purpose ofin.specting, repairing or renewing any sewem.. mains~ pipes. cable:s or other
apparatus, including the breaking open of any street or other land for tba! purpose;
(g)
the use of any building or land within tbe courtyard of a dwelling house for any
purpose incidental to the eajoyment of the dwelling house as such.
DEVELOPMENT REGULATIONS: Regulolions respecting development that have been enacted
by the relevant Authority.
DISCRETIONARY USE: A nse tba! is listed within the discretiorwy nse classes established in the
use zone tables of an Authority;s development regulations. (Refer to Minhtt.tt" 's Dewlapmem Regulations.
Jonufn")' 2, 2001)
DIRECTOR: The Dheetor of Urban and Rural Planning.
DOUBLE DWELLING: A bQilding containing rwo dwelling units, placed one above the other, or
side by side. but does not include a self-contained d\veUing containing a subsidiaxy apartment.
DWEl.J..JNG UNIT: A self-contained unit consisting of one or :more habitable roonis used or
designed .as the living quartets for one household.
ENGINEER: A professional englneer employed or retained by tho Authority.
ESTABLISHED GRADE:
(i)
where used in reference to a building, the average elevation of the finished surface of
the ground 'where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchme:n4 or
(ii)
where used in reference to a st:nroture that is not a building, the average elevation of
the finished grade of the ground immediately sutrounding the st:ructure. exclusive of
any artificial embankment or entrenchment. {Refttr to .Minister's Developmenr Regulations,
Januazy 2, 2001)
FAMILY ANDGROUPCARECENTRE:Adwellingaccomm.odating-uptobutnomorethansix
(6) persons exclusive of staff in a homew-1.ikc setting. Su[tlect to the sia limitation,. this de£inition
includes, but is not limited to,. the facilities called "Group Homes"', ,"Halfway House". and "Foster
Home".
FLOOR AREA: The total area of "11 !loots in a building measured to the outside face of exterior
-walls. (Refer to Mlnistu "s J:Mvelopmem Rsgulad.bm, JantJ.<UJI 2, 2001)
FRONT AGE: The horizontal dis1an.ce between side lot lines measured at the building lino. !R'ifer to
Minister's Dwelopmenr Regulattons, January 2, 2001)
FRONT YARD DEPTH: The dim.nee botweon the front lot line of a lot and the frnnt w"11 of the
main building on the lot.
GARAGE: A buildingerectedfurthestorage of motor vehicles as anancilJ.my use to amain building
on the lot.
GENERAL INDUSTRY: The use of land or buildings fur the pmposc of storing, assembling,
altering, repalling, manu:lltoturing, fabricating, packing, canning, P"'P"ring, breaking up, demolisblng,
or treating any article, commodity or substaiwe. "lndustty" shall be construed accordingly.
GENERAL GARAGE: LlUld or buildings used exolmively for repair, maintenance and storajje of
motor vehicles and may include the sale of gasoline or dic::scl oil.
HAZARDOUS INDUSTRY: The use oflan.d or buildings for indu.strW purposes Involving the use
of materials or processes which because of their inherent characteristics. constitute a special :fire.
explosion,. ta.diation or other hazard.
INSPECTOR: Any petsen appointed and engaged as ao Inspector by the Authority or by any federal
or provincial Authority or the agent thereof.
INSTITUTION: A build.Ul,g or part thereof occupied or used by persons who:
(a)
are involuntarily detained~ or detained for penal or correctional purposes, or whose
liberty is restricted, or;
(b)
require special care or treatment because of age, mental or _physical limitations .or
medical conditions.
LAND: Includes land covered by water. and buildings and Strll¢'tU.reS on. over. or under the soil and
fixtures that form part of these buildings arui structures.
LIGHT INDUSTRY: Use of any land or buildings for any general industrial use that can be carried
out without hazard orintrusionand without detriment to the amenity of the surroWlding area by reason
of noise, vibration.. smell, fumes, smoke, grit, soot. ash. dust. glare or appearani;e.
LOCAL STREET: A street designed primllrlly to provide""""""' to adjoining land and which is not
designated as a collector street or arte:rial street in the Municipal Plan. or on the Zoning Map.
LODGING BOUSE: A dwelling in whicll at least2 IOOiru arexcgullttly xcnted to pe=>ns other than
the :i.mmediare family of the owner or tenant.
LOT: Any plot, tmct or parcel of land which can be considered as a uoit of land for a particular use
or building. (Refer roMmi!;tqr'& Development Regulations, Jahtlary :Z, 2001)
LOT AREA: ".the total horizontal area within the lot lines of the lot. (Refer 10 Minister's Development
Regulations, January 1. 2001)
LOT COVERAGE: The combined area of all buildings on the lot measured at the level of the
lowest floor above the established grade expressed as a percentage of the total area of the lot. (Reflu
to Minister's Development Regidarions, January 2, 2001)
MINERAL WORKING: Land or buildings used for the working or e:x:txa<;tion of any naru:rally
occur.ring s:ubstance.
MOBILE HOME: A transportable factory-built single fiunily dwelling unit;
(a)
whicll complies with space standards subst=tially equal to those laid down in the
Canadian Code for Residential Construction and is in accordance with the const:ruction
standa:rds laid down and all other applicable Provincial and Municipal Codes and;
(b)
which is designed tQ be-:
(i)
transported on its own wheels and chassis to a mobile hotne lot, and
subsequently .supported on its own wheels, jacksp posts or piers,, or on a
pennanent foundation and;
(ii)
conneeted to ex'1erior public utilities appt0ved by the Authority. namely. piped
water. piped sewer, electricity and telephone. in orcle;r for such mobile home
unit to be suitable fur year round term occupancy.
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 vehi.c:les.
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 remil trade wherein the primary purpose is the selling 0r
offering for sale of goods, wares or nu=handise by retail or the selling or otrering for sale of retail
services but does not include an establishment wherein the primary purpose is the serving ofme:als
or refreshments,. an amusement use. a general garage, or a service station.
SHOPPING CENTRE: A group of sh-OpS and complemenwy uses with integrated parking and
which is planned,. developed and desi,{µled as a unit containing a minimum of S retail establishments.
SHOWROOM: A building or part of a building in which samples or patterns are displayed and in
which orders ma:y be taken for goods, wares or merchandise, includins vehicles and equipment.. for
later delivery.
SIDE YARD DEPTH: means the distance between a side lot line and the n=est side wall of any
building on the lot. (Refer to Minister's Dcwtlopmem ~larions, Jrmuary 2, 2001)
SIGN: means a word, letter, model, placard, board, device or represenll!:tion, wbetb.er illuminated or
no4 in the Wlhll'e of or employed wholly or in part for the pwpose of advertisement,, announcement
or direction and excludes those things employed wholly as a memorial, advertisements of local
gOVerDl.llClll,_ utilities and bo4rding or similar structures used for the rusJ>tay of advertisetnents.(.Refer
to Minister's Development Rf!f!Ulatitms, Junru:D"Y 2, 2001)
STREET: means a sttee~ road, highway or other way designed for the passage of vehicles and
pe.destrians and which is accessible by fire department and other emergency vehicles. (Refer toMJmsrer 's
Development Rcgulmk>ns, January 2, 2001)
STREET LINE: means the the edge of a street reservation as defined by the Authority having
jurisdiction. (Rq/«r ro Minister's De:velopmen1 Regulations, Jamt(lf'J' 2, 2001)
SUBDIVISION: The dividing of any land. ~-bether in single or joint ownership. intO two or more
pieces for the purpose of development.
SlJBSIDIARY AP .AR.TM.ENT: A separate dwelli.ng 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 ..W:
of meals or refreshments for conswnption off the premises.
TA VERN: locltules a nightclub andm"""" a building licensed or lic.eusable under the Liquor Control
Act wherein meals and food m.ay be served for consumption on the premises and in which
entertainment may be provided.
USE: means a building or activity situated on a lot or a development permitted on a lot. (Refer to
Minister's Development Regulations, January 2, 2001)
USE ZONE or ZONE: means an axea oflattd including buildings and water designated on the zoning
map to which the uses, standards and conditions of a particular use zone table apply. (R~roMimster's
Developmt!'nl .Regulations, January 2, 2001)
VARIANCE; means a departure, to a maxim.um of 10% from 1heyard. area. lot coverage. setba~
size, height, :frontage or any other numeric requireraent of the applicable Use Zone Table of the
Authority's regulations. (Refer to Mintstw 's Development~. Januar,, 2, 2001)
ZONING MAP: The map or maps attached to and forming part of the Authority's regulations. (Ref~
t<J Min.iJJtu 's Dev11lopmsnt Regulati0113, January 2, 1()()1)
SCHEDULED
CLASSIFICATION OF USES OF LAND AND BUILDINGS
NOTE: The classification of uses set out in the fbllowing table is based on the Classifu::ation ofTypkal Oooupancie:s
included as Table 3.1.2.A tl'fthe Nat.row Btrildiug Code ofCM-d.a,. J.980. This r;:las&ifiel¢iw1 is~
to in
Regulation 87.
GROUP
DMSlON
CLASS
EXAMPLES
"-
,y
-
~emui)' uses uu LUC
-J ··-·
JY.Lotimi .t ICtUl'C J.neatres
USES
Jl'oduction and viewing of
the
jr.v. Studios
.
mta.
j:idlnitting an
ud:!.ence.
". """"ll<''"'" rM>O>C'lDvq vses
,_ ____
and Civic:
~"''"""'
IA.rt Galleries
Court Rooms
Meeting Rooms
"'ouncil Chambers
:,.:QmtQ. ........ ,.. J..IDUD
Assembly
,...odgeHalls
P..=Balls
~la
l<u<!itoria
-·w·
..
cJ
b.11cges
non- reside:ntlal)
LUJ t'la.ee 01
..................... t11tu
p~ot
W°""4>
wooibip.
~"""'Balls
eJ i assenger
assengcr l cnnlDiWll
Asscmblv
m~·~-
o 11vate "'...,......., ana
' ....
r .J .. es f.t10l1w.reside.ntiftl\
t.&J\...l:lll::nug
C$1aUWltS
B=
"avems ......
Home
,1.1~-....ru.,.;
-- ,,..y ................ e:::i:u:res
~u:;,,.uvDlC ........... es:
-
Pinball Parlours
Doolrooms
ScheduleB
Page2
GROUP
USES
(continued)
TIONAL
USES
USES
CLASSIFICATION OF USES O:F LAND AND Bun.DINGS
DMSION
Dwelling
w
Owi::lling
=<
Boil ....
EXAMPLES
ex Dwellings
amily & Group
om.,
ow ouses
OWD.Houses
mnily"' Group
omes
amity & Group
o"""
39
Schedule B
Page3
CLASSIF1CATION OF USES OF LA.ND A.ND DUD.J>INGS
GttOUP
DTVJSION
CLASS
SXA.MPU!.S.
"·
··~
. """
uses
a1 .....,u ..... ,.,_ve
USES
(continued}
R.esidemial
colleges&
(oontinwm)
Schools
bnivcr.:.ity &
College Halls
of.Residence
Convents$(,~
~=and
H.....,,,,..-talRmdenees
Ho=
Lo4gingHo=s
Residential.
C)
p:-10 -~ t1£. lV.L°"'IS
Residential
H:oswls
esidmtial Clubs
f..UJ.........,OWU
;11~'"""mese
-
cabim
HunrinJ!lkFffilring
c.ru.,
eJ
~ ......... e
fMoaue nomes
a...,.
"·
'!:SUSllleSS,. .. ~~luw:u,. .........
.->~~
-
&.PERSONAL
Personal SC'lJ:'Vk:e Uses
"""""""""
SERVICE
Offices)
USES
.....
lUJ>Y>Jlt.........J.iJl,
-
Prot<ssional
,aoms
b:mru Offices &. Surgeries
~Offices
ti;inlilar Profussional
Offices
'"''""°=
DW~>
-
~Farloum
$mall Appliance
·--
ca1~~-
>=-
-
~·
>'Y C!eao= (not wing
~le
or explosive
~)
~=11 Tool and Appliance
k-1s
h--...·et A""cnts
40
ScheduleB
Page4
CLASSlFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
ID<AMPLES
..,.
. .c>wnness,.
-.
"""
~-0--0DS
PERSONAL
Professior.ud
!felephone
SERVICE
& P"'"""'1
Exchanges
TJSES
Servir:::e Uses
(continued)
(continned)
~.t) roui:::c
o.uce '"'"""""'ns
Station
wilhout
det.ettti.on -
"""
11. 8.X1 .;,,tam;is.
-.r -- --·
.-""(')-·-~-
Food. Service
Service
.~
- '""""""Y
S--eries
P·
--
·--·
a)' :'.SD.Oppn;tg
1>11oppmg.......,.......'"'
USES
Display Uses
Centre
.,
.,
., --
Stol'O(I and
Showmo=
Depw1mom
S=e.
.,_
Matket
uctio:o. Halli
.-,---~
"""""
"'1lmal Mnmts
~uceHDd
Fruit Stands
-ish Stalls
e,-on,~-e
~o
·-
Sto=
Com.er Stores
l:!ift ShOps
:neci .. ltv Shons
mvo1vmg
~"'
,.......,,. ...,..,~....,,... o~
USES
highly cGDll.mstible and
Industty
-...
hatnn:lous substances and
liquids and sub-
processes.
stimces.
Chemlcal P1-
Dmmen ..
Food Mills
L.acquer, Mattress,
Paint, Vamish,
and Rubber
Factories
!;,:_........,.., ;p .. 1 ... ..+.. ....
Sched11leB
Page.5
GROUP
USES
(continued)
BUIIDI:NG
USES
CLASSIFICATION OF USES OF LAND AND BUILDINGS
DIVISION
--
Uses involving
Lhnl""'
Ha=dous
S~and
Proc:esses.
on-
"""""°'"'"'
Non-inttUsive
IndustJ:i.al Uses,
""no
rela:tcdto
building
CLASS
41
F...'X.AMPLES
Sahe.dule.B
Page6
GROUP
BUil..DING
USES
(continued)
CLASSIFICATION OF USES OF LAND AND BUILDINGS
DIVISION
"'' n
relat.ed tQ building.
(comihued)
CLASS
42
EXAM.PLES
NOTE:
SCHEDULE "C"
USE ZONE TABLES
This schedUte contains tables showing the use classes which may be
pemrltted or which may be treated as discretionacy use classes for the
purpose of these Regulations. The tables also indicate the reauired
standards of development and roay also include conditions affecting
some or all of the use classes.
The schedule contains tables for the following Use Zones:
43
Residential .......................................... · ..... · . · · · · · · ·
c~cial ....................................................... .
Industrial . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . .
Industrial - Commercial .... , , . , . . . . . . .......... , .................... .
Mixed Development ................................-.................
Public & Co:rnmunity Use ..... , . , ............... , , ... , ............... .
Recn:a:tional/Open Space _ ............. - - - - - .............. - - ....... ., ..
Conservation ................... , ...........-................-. , . , ..
Rural ........- , .-.--... ··--- ......--.-.. ··-- --- --······ ........-...
Comprehettsive Development .Area -.-.-.-----......-.------..-.....----.
Sch?dule. c
USE ZONE TABLE
ZONETITI.E
RESIDENTIAL (R)
(PORT SAUNDERS)
PERMJTTED USE CLASSES - (see Regula:tion 85)
Single dwelling, double dwellhlg:.
DISCRETIONARY USE CLASSES .. ((';=i:: Regulation 22 and 86)
Row dwelling, uplll1me11t building. plaee of worship, COJ:lvenience store, pers<tnal service, a.nteJJnu.
mobile hotlll:!, collective :reside:u:ilill. bt>t!rding house residertt:ial, child care-. ~
aparan.e:tll,
rccre:ational
open space, eo.r.lm:Vation, Qffice, light industry, medical and proi~ionaL (See
condic:ion S)
STANO ARDS
WHERE PERMITTED
Single
Douhl-
Row
APARTMENT BUILOIN"G
Dwcllin
Dwelling
Dwellln
"'"'"
2Sed·
3 Bed·
g
g
room opt
n><>m opt
room
""
Lot area(m2)
470
470 Pf:l"
300 Per
400""
450 Per
(mJnimum)
l"'Wlit
double
Dwellln
Dwcllin
Dwellln
-
gU:oit
-
g
Unit
Unit
Floor area (m1)
56
40
60
so
60
70
(minimum.}
""'-
-
~(m)
20
20
14
42
(minimum)
Average
Building Line Setback
On)
1.5
7.5
7.5
10
("°"""""")
12.0
12..0
("""""'1m!)
Sideyard Width (m)
2
3
2
5
(mJnimum)
Rt;a,yard Dep1h (m)
15
13
15
15
(minimum)
Lot O>verago rA>l
33
33
33
33
(ro.axir.n:um)
Height (m)
10
JO
JO
10
(maximum)
St:hedUls C
(See Conditions)
- Per dwelliDg unit
CONDITIONS
l.
Residential Density
ln a. Residential Zone there shall be not more than 33°.4 apartment uni~
row housing units or a combination of apartment and row housing units, the
remainder being either single or double dwellings or a combina:tioil. of
single and double dwellings.
2.
Placement of Dwelling
Where future plans fur sewer installations are specified, the placement of
the building may be altered in order to permit future subdividing and higher
density development.
3.
Lot A"""
Subject to the requirements of1he Department ofHealth, the area ofl;md
required per dwelling unit <ba.1.1 be de"""1ined, in ~
with 1he water
and sewer services available. as follows:
(a)
With a municipal piped water supply~ and connection to a municipal
sewer or to a private sewer discha:rging directly to the sea .......-...... 4 70 m:z.
(b)
With a municipal piped water supply, and sewage disposal by septic
tank and tileficld ............................................. 1400 m'
(c)
With a well water irupply and sewage disposal by septic tank and
tile.field . . . . . . . . . . . . . . . . . . . . . . . - - . - ........--. , -.. '. -.-..... , 1400 m 2
(d)
With a well water supply and sewage disposal by septic tank and
tilefield ....-...- , ......--........... _ .......... _ ............ 1860 m 2
4.
Non-Residential Uses .. Site Standards
Where permitted, any non-residen:tial uses shall conform to the frontage~
building line setbaok, sideyard, rea:ryard, lot coverage, and height
requirements specified for a single dwelling.
Sehl:dule C
S.
Home Oeeupittions
(!)
(2)
(3)
(4)
(S)
(6)
(7)
(8)
(9)
Home based occupations may be permitted in the Residential Zone
on a residential lot or in an accessory building subsidiary to the
residential use, if the activity is canied out by a resident of the
dwelling.
The following use classes shall be restricted to the category of home
occupation activities and may only be permitted on a developed
residential lot:
(a)
Light Industry Use Class
The Light Industry use class shall be limited to the manufacture and
ancillio>:y retail sales of goods produced or repaired on the resid=tial
lot.
(b)
Medical and Professional Use Class
Medical & Professional uses may be permitted as .a discretioJlalj' use
in the form of medical clin.ics, offices or similar uses if the use is
clearly subsidiaxy to the residential use.
(c)
Retail Sales/ Office Use Cl ...
Retail ~es on a residential lot may be p=itted only if the sales""'
ancillary and subsidiary to a specified home occupation use class.
The retail sales must be ~y
related to goods manufact:u:;rod on the
residential lot or t.o a service provided on t1ie residential lot. The
retailing of specialized goods: not produced on the residential lot shall
be im.cillaey to an activity c.a.rrled out under the office use class.
All Home Occupation uses shall be listed in the Discretionary Use
Class section of the Use Zone Table.
Home occupation uses shall be compatible '\\ottb. adjacent USe.5:, shall
not cowrtitute a nuisance or diminish t.he amenity of the sun'()unding
area.
Home occupation uses shall not occupy more than 25 percent of the
floor area of a dwelling and shall not exceed 45 m 2 total area in
combination with the floor a:rea of an accessory building.
The dwelling slmll be the principal resid=cc of the developer. If the
developer is not the owner of the dwelling, the written permission of
the owner shall be a condition of the development perm.it.
The wholesale sale or storage of goods sbaJJ not be permitted, except
of a minor nature in direct association with a primary rct&il use.
outdoor storage shall not be permitted.
A minimum of one off-street parking space shall be provided for the
ii_<:e, in addition to the parking re.quired for residential uses.
Manufacturing activities shall be limited to those commonly
associated with the small scale production of speciality goods or
foods.
Page.J
Schedule C
6.
Convenience Store Use Class
The Convenience Store Use Class may be permitted as a discretionary use
under the following conditions:
(a)
(b)
1be store shall not be permitted on a developed
residential lot
The retail use shall be subsidimy to the residential cbamntc:r of the
area and shall not affect the amenities of adjoining residential lots.
7.
Discretionary Use Classes
The di$Cretionary use classes listed in this table may be permitted at the
discretion of the Authority provided that they are complementary to uses
within the permitted use classes or that their development will not inhibit or
prejudice the existence or the development of such uses.
8.
Accessory Buildings
Accessoxy buildings shall have a lot coverage no greater than 7°/o and a
height of no more than 3 metres.
9,
Future Access
The development of land for the residential zone shall not inhibit or
prejudice the opportunity for road construction where future access have
been desigmlled.
Page4
Schedule. c
Pag~S
USE ZONE TABLE
ZONE1TILE
COMM:ERCIAL
(PORT SAUNDERS)
PERMITTED USE CLASSES - (see Regulation 85)
Passenger assembly, club and lodae, ca:tering, funeral home, child care,
office,
medical and. professional, personal service? general service~
communications, taxi ~
veterinary, shop, indoor market. shopping
centre, convenience store.
DISCRETIONARY USE CLASSES - (see Regulations 24 and 86)
Theatre, cultural and civic, general assembly, amusement.. collective
residential,
conurtercial~residential, take-out food service, outdoor
market, antenna, service
station, general iDdus1Iy, light indus1Iy and
transportation.
CONDITIONS
1.
Development Standards
The development standards for this z.one shall be as follows:
(-)
(b)
(c)
(d)
Minimum Sideyard Width. except where
buildingii are built with adjoining party walls
Mmimwn Rearyai:d Depth
Maxi.mum Height
4 me'll'es
2metres
10 mettes
!SmelreS
(e)
Minilllum Lot Size
470m.2
(f)
Minilllum Street Llne Frontage
20m
2.
Advertisements Relating to On.site Uses
The conditions which shall apply to the i;a-ection or display of an
advertisem.ent 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 ru:id material construction of the
advertisement shall meet the requirements of the Authority~ having
Sch~duJ,,, C
re$ard !'.>the safety and convenience of users of adjacent streets and
sid.ewa.1.k:s, and the general amenities of the surrounding ~
(ii)
No advertisement shall exceed 5 square metres in area.
3.
Advertisements Relating to Off'site Uses
The conditions to be applied to the erection or display of an advertisem¢nt
on any site, relating to a use pennitted in this or another zone, or not
relating to a specific land use, shall be as follows:
(i)
(ii)
(iii)
Each advertisero.ent shall not exceed three square metres in area.
When the advertisements relate to a ~i:fic land use, they sh.all be
located within a reasonable distance of. and only show therein the
name and nature of the distance or direction to the premises to which
they relate.
The location,. siting and illumination of each advertisement shall be to
the satisfactlon of the Authority, having re,gartl to the grade and
alignment of streets, the location of street Junctions. tlie location of
nearby buildings and the preservation of the amenities of the
surrounding area.
4.
Discretionary Use Classes
Tho discretionary use classes listed in this tab1'> may be pormitted at the
discretion of the Authority provided that they are complunenwy to uses
within the pennitu::d use classes or that ~
development will not inhibit or
p~udice the existence or the development of such uses. Single dwellings
and double dwellings shall only be permitted. in the case of a residenc.e over
or adjaceo:t to a commercial use.
5.
Rearyard Depth
Tho minimum rearyord depth may be varied by the Authority where the
property adjoins a dock or harbour.
6.
Home Occupations
The Home Occupation conditions set out for the Mixed Development Zone
shall apply in the Commercial Zone.
Page&
&heduleC
USE ZONE TABLE
ZONE TITLE
INDUSTRIAL
(PORT SAUNDERS)
PERMITTED USE CLASSES (see Regulation 85)
General industry, light industry.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Hazardous indUStr}'t catering, convenience store. shop, outdoor market.
:i.ndoor
mad..-et;. office, transportation.
CoNDmONS
1.
Development Standards
The development standa:td.s for this zone shall be as follows:
(-)
Minimum Building Line Setback
8metres
(b)
Min.Unum Sideyard Width
2 metres
(c)
Min.Unum Rearyard Depth
15 metres
(d)
Maximum Height
15 metres
(-)
Minim.um Lot Size
470m2
(f)
Minimum Street Line Frontage
20m
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an
advertisement on anY lot or site occupied by a uore permitted or existing as a
legal non--confomring use in this use zone, $hall be as follows:
(i)
(ii)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of the Authority, having
reeard to the safety and convenience of users of adjacent streets Slld
sidcwelks, and the general amenities of the surrounding area.
No advertisement shall exceed S square metres in area.
3.
Advcrtisementl!i 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)
(ii)
(iii)
Each advertisement shall not exceed three square metres in area.
When the advertisements relate to a specific land use, they shall be
located within a ""'50tlal.>le distance of, and only show thexein the
name and nature of the distance or ditection to the premises to which
they relate.
The location, siting and illumination of each adverti.seroent shall be to
the satisfuction of the Authority, having regard to the grade and
alignm=t of streets, the location of street junctions, the loca\ion of
nearby buildings imd the preservation of the amenities of the
surrounding area
4.
Services
lndustrial development shall not be permitted in this zone unless adequate
services and tire fighting capability designed to meet the needs of the
particular industr!o.l uses permined, are available.
5.
Disc .. etionary Use Classes
The discretionary use classes listed in this table way be pemtltted at the
discretion of the Auth<>rity provided that they ate compl<:mentary to uses
within the pennitted use classes or that their development will not inhibit or
prejudk:e the existence or the deveiopmem of such uses. A;zy Discrctionaty
use shall have due regard to the protection of the amenities in the area and
the conuqueutial affect of increased ttaffic imd pmking on the collector
road. Where hazardous industry~ Council shall impose more stringent
condition fur siting. construction and other safety reqllirements.
6.
Rearyard Depth
The minimum reacyard depth way be varied by the Authodty where the
property adjoins a dQ(:k or harbour.
7.
Home Occupations
The Home Occupation conditions set out for the Mixed Development Zone
shall apply in the Industrial Zone.
USE ZONE TABLE
ZONETITI,E
JNDUSTRIAL·
COMMERCIAL
(PORT SAUNDERS)
PERMI'ITED USE CLASSES - (see RegulatiOll 85)
Light industry, general industry, service statio~ conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Passenger assembly, antenna, ca.tering, office, medical and professional,
personal service, general service, communications. police station, taxi
stand, take-out food service. veterinary, shopping centre. shop, indoor
market, outdoor mar.ket.,.
convenience store, transportation, cultural
and civic.
CONDITIONS
I.
Development Stand.a.-ds
The development standards for this zone shall be as follows:
(a)
Minimum Building Line Setback
(b)
Minimum Sideyatds
(c)
Minimum Reazyard
(d)
Maximum Height
(e)
Minimum Lot Size
(f)
Minimum Street Line Frontage
2.
Adverii.sements Relating to Onsite Uses
20m
The conditions which shall apply t.o 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 siz.e, shape, illumination and material eoo.struction 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.
8 metres
5"1el?eS
lS metres
15 metres
SchedukC
(ii)
No advertisement shall ~d
5 sq_ua:re metres W. area.
3.
Height Standards
The Authority may permit the erection of buildings of a height greater than
that specified in the use z.oue table, but in such cases, the building line and
rear yard requirements shall be varied as follows.
.
4.
Home Occupations
The: Home Occupation conditions set out for the Mixed Oevelopmcnt Zone
shall apply in the lndustrial·Commercial Zone.
Page JO
SchedulttC
USE ZONE TABLE
ZONE TITLE
MIXED D£VELOPM'.EN'r
(PORT SAUNDERS)
PEruv.1ITTED USE Cl.ASSES - (:i;ee Regulatioo 85)
DISCRETIONARY USE CLASSES· (see Regulation 22 and 86)
RJ!SIDI!NTIAL
Single
Double
APARTMENT BUil.DING
STANDARDS
Dwcllln
Dwelling
1 Bed¥
2Bed¥
3Bed-
-
"""" ""' '°""'""'
room
apr
Lot area(~)
470per
470 per
300
400
450
dwelling
double
unit -
Floor are11- (n:r)
56
40
50
60
70
(mlnlttnlm)
per unit
Frontage (m)
20
20
42
(minimum)
Bull.ding Line
(m) (mlnimum)
7.5
7.5
IO
--um)
12.0
t:2.0
Sideyatd Width (m)
2
3
5
(inlnhmml)
1'eluyard Depth (In)
15
13
15
(mfuimwn)
Lot eov,,,,,,. (%)
33
33
33
(>:lwdmum)
Height (m)
10
JO
10
(Iruntimwn)
Water and Sewer
Unless developr:n¢nt is
connceted to mu:u.icipaJ services
of~
capacity, -water tvld
sewer- systems DluSt be: ~
by the DepartJ:nent ofH
th.
Must have dh'ect access to a
public Street.
Schedule C
- Per dwelling unit
l.
LotAreaS
Subject to the requirement.s of the~
of Health and the Department of Consumer
Affairs and Environment.. the ~
of land required per dwelling wtlt shall be det.c:rinified, in
o.c:::cordanee with the water and sewer services tt....00.J,ahle, as follOws:
(-)
(b)
(<)
With a munirjpal pi~ water supply, nnd CO)mcction to a municipal scwc:r or to a
private sewer (Use~ dlteetly to the sea
... " 470ni'
With a municipal piped water wpplY, and sewage disposal by septic C<mk and tileficld.
.... ' - 1400 :m?'
With a well watt:r supply and connection to a municipal sewer ot to a private sewer
d.Uc::ba:tging directly to the sea.
-.---- 1400m:i
(d)
With a well waicr supply and sewage disposal by sepiic tank aucl tilefietd.
2.
Noo...Jtesidential Devclopmeut Standards
(-)
(b)
(c)
Setback
(d)
(e)
miolmum
minimum
sidqard
m.inimwn
3.
Watercourses
4.
A«essory Buildings
1860 mt
Accessory buiklmgs shall have a lot eovenige of no greater than 7% and a height of no more
thaJ) 3 metres.
S.
Home Oecnpations
Paeo:ta
... 470m"
20tu
4m
2m
lOm
Schedule C
(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Home based occupations may be pennitted in the MJxed Develop:tnCW: Zone on a
residmtial lot m: in an accessory bUild.iDg 5Ubsidiary to the :rwidt.mti.al use, if the activity
is carried out by a resident of the dwelling.
The following conditions shall apply when the specified use class is to be petm:ittcd on a
developed :residential lot.
(a)
Llghi: Industry Use Class
The Light Industry use class shall be limitod to the xnan~
at:i.d aru::lllaiy retail
S&les of goods pwduced or rcpimed on the residential Jot_
(b)
~ous
Industry Use Class
(c)
Gdlera1 Ittdustry Use Class
The gr:neral industry use class sbaJJ be limited t0 the uses and conditions as follows
when m~ uses are clas$ilicd as a home occupation carried out 011 a residential bulldmg
loL
(i)
(ii)
(d)
Medical and Professional Use CJ.ass
(e)
Retail Sales/ Office Use Class
AU Home Occupation usell shall be listed in the Discreti.on8J:y Use Clas$ section of the
Use Zone Table.
Home O(;(:u:pation uses shall be eompati'ble with adjacent uses, b:lld may not rst any t:in:te
eonsdtute a nuisance or diminish the amenity of the SW'founding urea.
H'.00:.te occupation uses shall not occupy more than 25 J)CrceDt of the floor area ofe
dwel.ltag and shall not exceed 4S ID:" total area in coml>ioation with the floor area of an
accessory building.
The dwelling shall be the principal residence of the developer. If the developer is not
the owner of the dwelling, the Written pennission of the owner shnll be a condition of
the development pemtlt.
The wholes:ale sale or ~
of goods shall not be pennitl'J:d, except of a minor oatun;;
in direct associu:tion with a primary retail use. Outdoor ~
shall not be pe:rrrrittcd.
Page13
Scheriule:C
(9)
~
activities shall be limited to those directly associated with the small scale
prod::uction of speciality goods or foods,
6.
Convenience St.ore Use Class
~
Conveuiettee Store Use Class may be pennitted as a discretionary use under the fbllowing
i;:onditions:
(a)
(b)
The store shall llOt be pennitted on a devel~ residential lot.
The retail use shall be subsidituY to the residential character oftbe wca and shall not
affect the amenities of ndjoining residential lots.
7.
Fron.tage
All development shall have street line frontage on a publicly owned and main.mined. road.
&.
Bufl'ers
Park.$ and pla~
shall~ at I~ on 5"1tlette wide vehicular access direetly 0010 a
pubfu: $'fJ."Cet ti.rid shall have fen~. hedges or barriers not higher than J metre when in front of
- bullAting -
10.
Subsldi8ry Apar1:ments
Subsidiary ~cuts may be pennitted in sinpJc: family dwellings only and for the P.~ of
caleulating lot area and yard rcquircmetlUI shall be c~
part of the~ fUntily dwelling.
Provision shall bi; made for at least two o:tl'-.street purki:ag spaces pet' subsidiary apartment.
Pagel4
ScheduleC
USE ZONE TABLE
ZONETITUl
PUBLIC & COMMUNTI'Y USE {PCIJ)
(PORT SAUNDERS)
PERMITTED USB CLASSES - (see R.egulati.0118.S)
Cu1turnJ and Civic, place of-worship, general assembly, passenger ~bly, collective
residential,
c~
and office.
DISCRETIONARY USE CLASSES .. (see Regulatioos 22 and 86)
Recreational Open Space, IUJlel1na, taxi st.and,. convenience store, edu<:ational, medical a:ad
professional, mediCal tteatment and sp¢ei.at care, h#%:Qrdous industry .. see condition 2.
CONDITIONS
1.
Development Standards
a)
Ute development standards for this zone shall be as follows:
(i)
Minimum Building Line Setback
(ii)
Minirnum Sideyard Width
(ili)
Minirnum Reazyard Depth
(iv)
Maximt.nn Height
b)
Residential developmetrt shall con.form to the st.andards of the
Residential Zone.
c)
Home Oeeupations
The Home Occupation conditions set out for the Mixed Development
Zone shall apply in the Public and Community Use Zone,
2.
Hazardous Industry Uff CWs
The Hazardous Industry Use Class is limited to activities and development
directly associat:d with fire fighting training.
10 metres
5 metres
10 metres
15 met:tes
Schl!dule C
USE ZONE TABLE
ZONE TITLE
RECREATIONAL OPEN SPACE
(PORT SAUNDERS)
PERMITTED USE CLASSES ~ (see Reguhrtion 85)
DISCRETIONARY USE CLASSES - (ooe Regulations 22 and 86)
OUtdoor assembly, outdoor marlc.et, antenna.
CONDITIONS
1.
DisQ"etionary Use Classes
The <llscretionaxy use classes listed in this table may be permitted at the
discretion of the Authority provided that they are complementru:y to uses
within the permitted use classes or that their development will not iDhibit or
prejudice the existence or the development of such uses.
USE ZONE TABLE
ZONE l'lTI..E
CONSER.VA TlON
(PORT SAUNDERS)
PERMlTTED USE CLASSES - (see Regulation 85)
Conser'ltdion
DISCRETIONARY USE CLASSES - (see Regulations .22 and 86)
CONDITIONS
1.
Db.Cl"dionary- Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of the Authority provided that they are oomplementary to uses
within the pennitted use classes or that their development will not inhibit or
prejudice the existence or the development of such uses.
2.
Watershed P:rotecdon Area
(a)
(b)
No uses within the Watershed Protection Area shall be per;m..itted if
an adverse aflect to the watet quality or quantity is predicli:-d.
Approval of the Department of Environment and Lands sha.l! be
obt.ame.d before any development in the Protected. Watershed Area
may be approved.
Paget?'
Schedule C
Page lll
USE ZONE TABLE
7.0NE rrrLE
RURAL(RU)
(POR'l' SAUNDERS)
PERMJITED USE CLASSES - (see Regulation SS)
DISCRETIONARY USE CLASSES· (sec 1.Ugulotiona 22 and 86)
CONDITIONS
The conditions which shall ~ly to the ercctian 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)
(ii)
Tue size. shape; illnminatiOD and .material construction of the
advertisement shall meet the requlr="' of the Authority, havfilg
regard to the safety and convenience of users of adjacent streets and
sidewalks, and the ~
amen.iti"5 of the sum>unding il""l-
No advertisement shall exceed 5 square metres in area
2.
Advertisements Relating; to Offsite Uses
(i)
The conditions to be applied to the etection or display of au 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:
(ii)
Wb= the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the
name and wmire of the distance or direction to the premises to which
they relaJ:e.
(iii)
The location, siting and illumination of each advertisemtmt shall be t.o
the satisfaction of the Authority, havIDg regard to the grade and
alignment of streets, the location of street junctions, the location of
nearby buililings and
3.
Watershed Protettion Area
Schedule C
No uses mthin the Watershed Protection Arca shall be perm.itted if an
adverse affect to the water quality or quantity is predicted.
4.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of the Authority provided that they are complementmy to uses
within the permitted use cl.aSses, or that their development 'Will not inhibit
or prejudice the e.xisten.ce or the development of such uses.
Summer cottage development is permitted provided that it is sUflicientJy
located fur from the developed part of Town so that no demand for
municipal services will be created in the long t.erm.
Where permitted as a discretiolltley use, general industxy shall be rural in
cllaracter to include industries for processing or storage relating to the
uatura1 resomces industries desh'ous of screening. and industries requiring
minimal municipal servicing.
Development standards fur the Industria!"Commercial Zone shall apply to
rural ind1JS'llies.
5.
Separation from Adjacent Uses
The following standards shall apply to mineral workings unless othenvise
permitted by the Departn=>t of ~s
and Energy.
of
Working
From Existing or proposed
Residential Development
metres
Any other developed area or area
likely to be developed during the
lite of the pit or quany working
metres
Public highway or street
Waterbody or watercourse
6.
Screening for Mineral Workings
Pit or Ouarry
300
150
50 metres
50 mettes
A mineral work:inp; shall be screened in the follomn.g manner ~
it is
visible from a public street or highway, developed area, or area likely to be
developed durmg the life of the use:
SclteduleC
(a)
(b)
(c)
(d)
Where tree screens exist between the use and adjacent streets or
other land uses (exceptjng forestry and agriculture), the tree screens
shall be retained in a 30~metre wide strip of vegetation so that
visibility of any part of the use from the sw::ro~ uses or streets
will be prevented- The tree screens must be maintained by the
owner o-r vocupier of the use to retain 30 metres in a forested
~- Where vegetation dies or is removed from the 30~metre
strip~ the Authority may require new trees of a minimum height of 1
mette be planted to fill in the areas affected to the satisfaction of tbe
Authority or, at the discretion of the Authority~ other conditions rnay
be undertaken.
-where no tree screens exist of sufficient width and density to
constirut.e a visual screen,. earthen berms shall be constructed to a
height sufficient to prevent visibility of aey part of tbe use from
adjacent uses (excepting fOrestry and agriculture)~ or adjacent
stteets. Tiie berms Shall be landscaped to the AutboritYs
satisfaction.
Where namral !<>pograt>bY creates a visual screen between a minero1
working and adja<:ent pu&lio higllways Wld streets or olher land use
~g
forestry aruf agriculture, additiotral screening may not be
required.
Where effective ~
for any mineral workin& or storage use
=t
be installed or located as required in (a)· (c) above, or ww.:re
the site is highly visible from a diSl1'11ce, the Authority may refuse to
pemllt the use or associated activity.
7.
Fencing for Mineral Workings
The Authority may require the mineral working site or excavated areas of
a pit or quany working,. to be enclosed by a fence designed and
constructed to its specifications and no less than 1.8 metres in height.
8.
Water Pollution
No m.in.e.tal working or associated storm or sanitaxy ~e
shall
=-ptably reduce ti!! quality of water in any waterbody or waten:ourse.
Any access road to a pit or qq.arry working which crosses a brook or
stream shall be bridged or cWverted at the crossing in accordance with the
Regulations of tbe Department ofEnviromnent and Lands.
9.
Wat<>r PODding
No mineral working shall result in the excavation of areas below the level
of the water table nor in any wny cause the accumulation of ponding of
water in ally part of the site. Soitling: ponds may be permitted with the
approval oftfu: D<-partme:nt ofEnvironn:i=t W1d Lands.
10.
Erosion Control
No mineral working shall be carried out in a nianner so as to cause erosion
of adjacent land.
Sck!.dule C
11.
Site Maintenance
The mineral worldng shall be kept clean-of refuse, abandoned vehicles,
aod abandoned equipment and any derelict buildings.
12.
Access Roads
DwWg exteruled periods of shutdown, access roads to a mineral working
shall be ditched or barred to the satisfaction of the Authority.
13.
Stockpiling Cover Material
All stumps. organic material and topsoil, including the rusty coloured aod
iron stained layer, shall be stripped aod stockpiled at least 5 metres from
active qum)' or stockpile areas. The owner ot operatm shall ensure that
the quality of the topsoil Is not affected by dilution with other materials.
14.
Open.ting Plant and Associated Processing and Manufacturing
15.
16.
17.
The Authority may perm.it processing and manufacturing Use associated.
with mfueral workings provided that in the opinion of the Authority~ the
use does not create a nuisance nor is liable to become a nuisan¢e 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 starnge of materials.
All permaoent o.r temponuy building<, plants and strwltlJres assooiated
with processing and riianufacturing 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 manu.facturing structure or
equipment aod adiacent devaloped areas likely to be developed during the
life of the mineraf working.
Termination and Site Rehabilitation
Upon completion of the: mineral working, the follo"'Wing work shall be
carried out by the operation:
(a)
(b)
(c)
(d)
All buildings, Il10Chillery and equipment shall be removed.
All pit and quarry slopes shall ~ ~ed to slopes less than 20" or to
the slope conforming to that existing prior to the mineral working.
Topsoil and any organic materials shall be respread over the entire
quarried area.
The access road to the working shall be ditched or barred to the
satisfaction of the Authority.
Schedule C
18.
If the m:ineml working contains reserves of material sufficient to support
further extraction operations. the Authority may ~uire the work
described above t.o be carried out only in areas of the site where extraction
has depleted aggregate reserves.
19.
Rome Occnpatio:o.s
The Home Occupations conditions set out for the Mixed Development
Zone shall apply in the Rural Zone.
Sc~dule C
USE ZONE TABLE
ZONE TITI....E
COMPREHENSIVE DEVELOPMENT
(PORT SAUNDERS)
AREA(CDA)
:PERMITI'$D tJSE CLASSES~ (see Regulation 85)
None
DISCRETIONARY USE CLASSES - (see R.egulatiotts 22 iU1d 86)
CONDITIONS
I.
Advertisement Requirements
'The erection or display of advertisements spe<:ified in Regulation 63 ts
petmitted without application to the Authority. No other adverti.sernents
are permitted in this zone.
2.
Residential Development in the Com.preherudve Development Area
Development within the CDA zone will not be permitted u:o:til an ovemll
plan for the development of the area has been prepared and approved by
Council After an overall developm.ent plan has been adopted by the
Council, the ._ of the CDA inclu®d in tbat development plan must be
changed to the Residential designation before the area may be developed.
Schedule D
OFF-STREET PARKING REQUIREMENTS
Pursuant to Regulation 51, the quantily of off-street parking spaces shall be provided according
to the requirements established by the Authority on a discretionary basis.
l-13 ---- -
11 ·--
-10-1-
-""-'ii·~-.
TOWN Of PORT SAUNDERS
LAND USE ZONING
Rurcl
MAP S
1994-2004
ArOQ Coverrtd by Mop A
Municipal Planning Arco
R
430
DAY
DATE -
AUG. 1994
GRIO t
NORTH
SCALE -
1 :50 000
_,