Town of Portugal Cove-St. Philip's Development Regulations 2014-2024
Portugal Cove–St. Philip's, Newfoundland and Labrador
· adopted 2014-10-17
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TABLE OF CONTENTS
OVERVIEW OF DEVELOPMENT REGULATIONS ................................ ............................. 6
URBAN AND RURAL PLANNING ACT (2000) RESOLUTION TO ADOPT ....................... 1
CANADIAN INSTITUTE OF PLANNERS (CIP) CERTIFICATION ....................................... 2
MINISTER'S REGULATIONS .............................................................................................. 4
Short title ............................................................................................................................................. 5
Definitions ........................................................................................................................................... 5
Application ........................... ......... ...................................................................................................... 5
Interpretation ...................................................................................................................................... 5
Notice of right to appeal ..................................................................................................................... 8
Appeal requirements .......................................................................................................................... 8
Appeal registration .................................. ............................................................................................ 9
Development prohibited ................................................................................................................... 10
Hearing notice and meetings ............................................................................................................ 10
Hearing of evidence .......................................................................................................................... 10
Board decision ................................................................................................................................... 11
Variances ........................................................................................................................................... 11
Notice of variance ............................................................................................................................. 11
Residential non-conformity ............................................................................................................... 12
Notice and hearings on change of use .............................................................................................. 12
Non-conformance with standards .................................................................................................... 12
Discontinuance of non-conforming use ............................................................................................ 12
Delegation of powers ........................................................................................................................ 13
Commencement ................................................................................................................................ 13
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TOWN OF PORTUGAL COVE-ST. PHILIP'S LAND USE, ZONING, SUBDIVISION AND
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ADVERTISEMENT REGULATIONS (DEVELOPMENT REGULATIONS (2014-2024) ...... 14
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1.
Short Title ..................................................................................................................... 14
2.
Interpretation .............................................................................................................. 14
3.
Commencement .......................................................................................................... 14
4.
Municipal Code and Regulations ................................................................................. 14
5.
Council .......................................................................................................................... 14
PART I - GENERAL REGULATIONS ................................................................................ 15
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Compliance with Regulations ...................................................................................... 15
Permit Required ........................................................................................................... 15
Permit to be Issued ...................................................................................................... 15
Permit Not to be Issued in Certain Cases ..................................................................... 15
Discretionary Powers of Council .................................................................................. 16
Variances (Refer to Minister's Development Regulations, Section 12, January 2, 2001)16
Notice of Variance (Refer to Minister's Development Regulations, Section 13, January
2, 2001) ........................................................................................................................ 17
Service Levy .................................................................................................................. 17
Financial Guarantees by Developer ............................................................................. 17
Dedication of Land for Public Use ................................................................................ 18
Reinstatement of Land ................................................................................................. 18
Form of Application ..................................................................................................... 18
Register of Application ................................................................................................. 18
Deferment of Application ............................................................................................ 19
Approval in Principle .................................................................................................... 19
Development Permit .................................................................................................... 19
Compliance with Legislation ........................................................................................ 20
Reasons for Refusing Permit ........................................................................................ 21
Notice of Right to Appeal (Refer to Minister's Development Regulations, Section 5,
January 2, 2001) ........................................................................................................... 21
Appeal Requirements (Refer to Minister's Development Regulations, Section 6,
January 2, 2001) ........................................................................................................... 21
Appeal Registration (Refer to Minister's Development Regulations, Section 7, January
2, 2001) ...................................................................................... .................................. 22
Development Prohibited (Refer to Minister's Development Regulations, Section 8,
January 2, 2001) ........................................................................................................... 22
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28.
Appeal Board ................................................................................................................ 23
29.
Appeals ......................................................................................................................... 23
30.
Hearing Notice and Meetings {Refer to Minister's Development Regulations, Sect ion
9, January 2, 2001) ....................................................................................................... 24
31.
Hearing of Evidence {Refer to Minister's Development Regulations, Section 10,
January 2, 2001) ........................................................................................................... 25
32.
Return of Appeal Fee ................................................................................................... 25
33.
Notice of Applicat ion {Refer to Minister's Development Regulations, Section 13 and
15, January 2, 2001) ..................................................................................................... 25
34.
Right of Ent ry ............................................................................................................... 25
35.
Record of Violations ..................................................................................................... 26
36.
Stop Work Order and Prosecution ............................................................................... 26
37.
Delegation of Powers {Refer to Minister's Development Regulations, Sect ion 18,
January 2, 2001 ............................................................................................................ 26
PART II - GENERAL DEVELOPMENT STANDARDS ................... ................................... 27
38.
Accesses and Service Streets ....................................................................................... 27
39.
Accessory Buildings ...................................................................................................... 27
40.
Advertisements ............................................................................................................ 28
41.
Buffer Strips ................................................................................................................. 28
42.
Building Line and Setback ............................................................................................ 28
43.
Group Home ................................................................................................................. 28
44.
Height Except ions ........................................................................................................ 29
45.
Minimum Distance Separations for Commercial Livestock Facilities .......................... 29
46.
Lot Area ........................................................................................................................ 30
47.
Lot Frontage ................................................................................................................. 30
48.
Existing Lot Area and Size Exceptions .......................................................................... 30
49.
Non-Conforming Use {Refer to Minister's Development Regulat ions, Sect ion 14, 15,
16, 17, January 2, 2001) ............................................................................................... 31
50.
Offensive and Dangerous Uses .................................................................................... 32
51.
Off-Street Parking Requirements ................................................................................. 32
52.
Off-Street Loading Requirements ................................................................................ 33
53.
Public Parks and Playgrounds, and Conservation Uses ............................................... 34
54.
Screening and Landscaping .......................................................................................... 34
55.
Services and Municipal Infrastructure ......................................................................... 34
56.
Mineral Exploration ..................................................................................................... 35
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57.
Service Stations ............................................................................................................ 35
58.
Side Yards ..................................................................................................................... 35
59.
Street Construction Standards ..................................................................................... 35
60.
Subsidiary Apartments ................................................................................................. 36
61.
Zero Lot Line and Other Comprehensive Development .............................................. 36
62.
Multiple Uses on One Lot ............................................................................................ 36
63.
Vehicle Bodies .............................................................................................................. 36
64.
Site Suitability .............................................................................................................. 36
65.
Environmental Protection ............................................................................................ 3 7
66.
Aircraft Noise Exposure Corridor ................................................................................. 37
67.
Stormwater Management ........................................................................................... 37
68.
Line of Vision at Intersections ...................................................................................... 38
69.
Development in the Vicinity of a Public Right-of-Way ................................................ 38
70.
Soil Removal and Deposit and Site Grading .................. ............................................... 38
71.
Wind Turbines .............................................................................................................. 40
PART Ill -ADVERTISEMENTS .......................................................................................... 42
72.
Permit Required ........................................................................................................... 42
73.
Form of Application ..................................................................................................... 42
74.
Advertisements Prohibited in St reet Reservation ....................................................... 42
75.
Permit Valid for LimiTed Period ................................................................................... 42
76.
Removal of Advertisements ......................................................................................... 42
77.
Advertisements Exempt from Control ......................................................................... 42
78.
Approval Subject to Conditions ................................................................................... 43
79.
Non-Conforming Uses .................................................................................................. 43
PART IV - SUBDIVISION OF LAND .................................................................................. 44
80.
Permit to Subdivide Required ...................................................................................... 44
81.
Services to be Provided ................................................................................................ 44
82.
Payment of Service Levies and Other Charges ............................................................ 44
83.
Permit to Subdivide Subject to Considerations ........................................................... 44
84.
Building Permits Required ........................................................................................... 46
85.
No Permit Required ..................................................................................................... 46
86.
Form of Application ..................................................................................................... 46
87.
Subdivision Subject to Zoning ...................................................................................... 46
88.
Land for Public Open Space ............................. ............................................................ 46
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89.
Structure in Street Reservation .................................................................................... 48
90.
Subdivision Design Standards ...................................................................................... 48
91.
Engineer to Design Works and Certify Construction Layout ....................................... 50
92.
Developer to Pay Engineer's Fees and Charges ........................................................... SO
93.
Street Works May Be Deferred .................................................................................... SO
94.
Transfer of Streets and Infrastructure Works to Council ............................................. 51
95.
Restriction on Sale of Lots ............................................................................................ 51
96.
Grouping of Buildings and Landscaping ....................................................................... 51
97.
Groundwater Supply Assessment and Reporting ........................................................ 52
PART V - USE ZONES ............................. .......................................................................... 53
98.
Use Zones ................................................................................................... .................. 53
99.
Map Interpretation ................................. , ................... , ................................................ 53
100.
Use Classes ................................................................................................................... 54
101.
Permitted Uses .............................. ............................................................................... 54
102.
Discret ionary Uses ....................................................................................................... 54
103.
Uses Not Permitted ...................................................................................................... 54
SCHEDULE A - DEFINITIONS ........................................................................................... 55
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ..................... 82
SCHEDULE C - USE ZONES ............................................................................................. 87
SCHEDULED - OFF-STREET PARKING REQUIREMENTS .......................................... 143
SCHEDULE E - ENVIRONMENTAL PROTECTION OVERLAY ...................................... 145
MAPS
Map 2 - Zoning Map
Schedule E - Environmental Protection Overlay Map
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OVERVIEW OF DEVELOPMENT REGULATIONS
The Development Regulations represent the companion community planning document to the Town of
Portugal Cove - St. Philip's Municipal Plan {2014-2024). While the Municipal Plan provides for varied
land use classes and policy statements of Town Council to guide and manage growth and development
within the community over the next ten year period, the Development Regulations detail the regulatory
approach and requirements for implementing the Municipal Plan policies with regard to land use,
density and terms, conditions and development standards for land and building proposals.
The Development Regulations like the Town's Municipal Plan are authorized through the provisions of
the Newfoundland and Labrador Urban and Rural Planning Act (2000), and as approved by the
Department of Municipal Affairs and Town Council of Portugal Cove-St. Philip's. The Development
Regulat ions apply to entirety of the Town's designated planning area, which coincides with the Town's
municipal boundary area.
The primary components of the Development Regulations include the following:
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Mandatory inclusion of the Ministerial Regulations from the Province that serve as the
template for the Town's Development Regulations;
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General Regulations;
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General Development Standards;
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Regulations pertaining to Signs and Advertisements;
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Regulations for Subdivision of Land; and,
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The permitted/discretionary uses, and terms, conditions and requirements for their use within
the eleven specific use zones applicable to the Town's land base and bodies of water.
The document also provides for a number of information Schedules that form an integral part of the
Development Regulations document, including definitions of planning terms, a classification listing of
indicative uses of land and buildings, detail for the distinct use zones, off-street parking requirements
and provisions for environmental protection.
Similar to the Municipal Plan, the Development Regulations additionally have a primary companion
map, namely the Zoning Map. The Development Regulations provide for an additional map, Schedule E -
Environmental Protection Overlay.
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The Development Regulations represent a comprehensive local government management approach for
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regulating current and future land use development within the community. Users of the document will
benefit from reading and comprehending the entirety of the Development Regulations to ascertain
which aspects of the Regulations apply to a specific property or to a proposed land use development.
The Planning & Development Department staff of the Town are available to assist as much as possible in
interpretation of the Development Regulations.
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URBAN AND RURAL PLANNING ACT (2000)
RESOLUTION TO APPROVE
Town of Portugal Cove-St. Philip's Development Regulations (2014-2024)
Under the authority of Section 23 of the Urban and Rural Planning Act (2000), the Town Council of
Portugal Cove-St. Philip's approves the Portugal Cove-St. Philip's Development Regulations (2014-2024).
The Development Regulations (2014-2024) were approved by the Town Council of Portugal Cove-St.
Philip's on the ~
day of ~
, 2014.
I
Signed and sealed this ~
day of ~
, 2014.
Town of Portugal Cove-St. Philip's seal
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URBAN AND RURAL PLANNING ACT (2000) RESOLUTION
TO ADOPT
Town of Portugal Cove - St. Philip's Development Regulations (2014-2024}
Under the authority of Section 16 of the Urban and Rural Planning Act (2000), the Town Council of
Portugal Cove- St. Philip's adopts the Portugal Cove-St. Philip's Development Regulations (2014-2024).
The Development Regulations (2014-2024) were adopted by the Town Council of Portugal Cove- St.
Philip's on the /.5_ day o~
, 2014.
Signed and sealed thi~
';ay ~
J. - . , 2014.
Mayor Moses G. Tucker:
Town of Portugal Cove- St. Philip's seal
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CANADIAN INSTITUTE OF PLANNERS (MCIP)
CERTIFICATION
I certify that the Town of Portugal Cove-St. Philip's Municipal Plan (2014-2024) has been prepared in
accordance with the requirements of the Urban and Rural Planning Act (2000) of the Province of
Newfoundland and Labrador.
Member of Canadian Institute of Planners (MCIP} signature
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MCIPseal
\J~
c;i.b, ;;io,r·
Date signed and sealed
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NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001}
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the following
regulations.
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Dated at St. John's, January 2, 2001.
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Joan Marie Aylward
Minister of Municipal Affairs and Provincial Affairs
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MINISTER'S REGULATIONS
Analysis
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
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SHORT TITLE
1.
These regulations may be cited as the Development Regulations.
DEFINITIONS
2.
In these regulations,
a) "Act," unless the context indicates otherwise, means the Urban and Rural Planning Act,
2000;
b) "applicant" means a person who has applied to an authority for an approval or permit to
carry out a development;
c)
"authority" means a council, authorized administrator or regional authority; and
d) "development regulations" means these regulations and regulations and by-laws respecting
development that have been enacted by the relevant authority.
APPLICATION
3.
(1) These regulations shall be included in the development regulations of an authority and shall
apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations or other
regulations of an authority, these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board, these regulations
shall apply to that appeal.
INTERPRETATION
4.
(1) In development regulations and other regulations made with respect to a planning area the
following terms shall have the meanings indicated in this section.
(a)
"access" means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the
street;
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(b)
"accessory building" includes:
(i)
a detached subordinate building not used as a dwelling, located on the
same lot as the main building to which it is an accessory and which has a
use that is customarily incidental or complementary to the main use of
the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetables
storage cellars, shelters for domestic pets or radio and television
antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
(c)
"accessory use" means a use that is subsidiary to a permitted or discretionary use and
that is customarily expected to occur with the permitted or discretionary use;
(d)
"building height" means the vertical distance, measured in metres from the established
grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
( iii)
deck line of a mansard roof, and
mean height level between the eave and the ridge of a gable, hip or
gambrel roof, and in any case, a building height shall not include
mechanical structure, smokestacks, steeples and purely ornamental
structures above a roof;
(e)
"building line" means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that a building may be placed;
(f)
"discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations;
(g)
"established grade" means,
(h)
(i)
where used in reference to a building, the average elevation of the
finished surface of the ground where it meets the exterior or the front
of that building exclusive of any artificial embankment or
entrenchment, or
(ii)
where used in reference to a structure that is not a building, the
average elevation of the finished grade of the ground immediately
surrounding the structure, exclusive of any artificial embankment or
entrenchment;
"floor area" means the total area of all floors in a building measured to the outside fa ce
of exterior walls;
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(i)
"frontage" means the horizontal distance between side lot lines measured at the
building line;
(j)
"lot" means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building;
(k)
"lot area" means the total horizontal area within the lines of the lot;
(I)
"lot coverage" means the combined area of all buildings on a lot measured at the level
of the lowest floor above the established grade and expressed as a percentage of the
total area of the lot;
(m)
"non-conforming use" means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n)
"owner" means a person or an organization of persons owning or having the legal right
to use the land under consideration;
(o)
"permitted use" means a use that is listed within the permitted use classes set out in the
use zone tables of an authority's development regulations;
(p)
"prohibited use" means a use that is not listed in a use zone within t he permitted use
classes or discretionary use classes or a use that an authority specifies as not permitted
within a use zone;
(q)
"sign" means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in t he nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly
as a memorial, advertisements of local government, utilities and boarding or similar
structures used for the display of advertisements;
(r)
"rear yard depth" means the distance between t he rear lot line and the rear wall of the
main building on a lot;
(s)
"side yard depth" means the distance between the side lot line and the nearest side wall
of a building on the lot;
(t)
"street" means a street, road, highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency
vehicles;
(u)
"street line" means the edge of a street reservation as defined by the authority having
jurisdiction;
(v)
(w)
"use" means a building or activity situated on a lot or a development perm itted on a lot;
"use zone" or "zone" means an area of land including buildings and water designated on
the zoning map to which the uses, standards and conditions of a particular use zone
table apply;
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(x)
"variance" means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use
Zone Table of the authority's regulations; and
(y)
"zoning map" means the map or maps attached to and forming a part of the authority's
regulations (Land Use Zoning Map).
(2) An authority may, in its discretion, determine the uses that may or may not be developed in a
use zone and those uses shall be listed in the authority's regulations as discretionary, permitted
or prohibited uses for that area.
NOTICE OF RIGHT TO APPEAL
s.
Where an authority makes a decision that may be appealed under section 42 of the Act, that authority
shall, in writing, at the time of making that decision, notify the person to whom the decision applies of
the:
a)
person's right to appeal the decision to the board;
b) time by which an appeal is to be made;
c)
right of other interested persons to appeal the decision; and
d) manner of making an appeal and the address for the filing of the appeal.
APPEAL REQUIREMENTS
6.
(1) The secretary of the board at t he Department of Municipal and Provincial Affairs, Main Floor,
Confederation Building (West Block), P.O. Box 8700, St. John's, NL, AlB 4J6 is the secret ary to all
boards in the province and an appeal filed with that secretary wit hin the time period referred to
in Regulation 42(4) of the Act shall be considered to have been filed with the appropriate board.
(2) Notwithstanding Regulation (1), where the City of Corner Brook, City of Mount Pearl or City of
St. John's may appoint an appeal board under Regulation 40(2) of the Act, an appeal shall be
filed with the secretary of that appointed board.
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(3) The fee required under sect ion 44 of the Act shall be paid to the board that hears the decision
being appealed by filing it with the secretary referred to in Regulation (1) or (2) within the 14
days referred to in Regulation 42(4) of the Act.
(4) The board that hears the decision being appealed shall, subject to Regulation 44(3) of the Act,
retain the fee paid to the board.
(5) Where an appeal of a decision and the required fee is not received by a board in accordance
with this section and Part VI of the Act, the right to appeal that decision shall be considered to
have been forfeited.
APPEAL REGISTRATION
7.
(1) Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in Regulations 6(1) and (2), shall immediately register the
appeal.
(2) Where an appeal has been registered the secretary of the board shall notify the appropriate
authority of the appeal and shall provide to the authority a copy of t he appeal and the
documentation related to the appeal.
(3) Where an authority has been notified of an appeal that authority shall forward to t he
appropriate board a copy of the application being appealed, all correspondence, council
minutes, plans and other relevant information relating to the appeal including the names and
addresses of t he applicant and other interested persons of whom the authority has knowledge.
(4) Upon receipt of the information under Regulation (3), the secretary of the board shall publish in
a newspaper circulated in the area of the appropriate authority, a notice that the appeal has
been registered.
(S) A notice published under Regulation (4) shall be published not fewer than 2 weeks before the
date upon which the appeal is to be heard by the board.
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DEVELOPMENT PROHIBITED
8.
(1) Immediately upon notice of the registration of an appeal the appropriate authority shall ensure
that any development upon the property that is the subject of the appeal ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting under Regulation (1).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order under
section 102 of the Act, an authority shall not carry out work related to the matter being
appealed.
HEARING NOTICE AND MEETINGS
9.
(1) A board shall notify the appellant, applicant, authority and other persons affected by
(a) the subject of an appeal of the date, t ime and place for the appeal not fewer than 7
days before the date scheduled for the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its work in an expeditious manner.
HEARING OF EVIDENCE
10.
(1) A board shall meet at a place within the area under its jurisdiction and the appellant and other
persons notified under Regulation 9(1) or their representative may appear before the board and
make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these regulations.
(3) A written report submitted under Regulation 43(2) of the Act respecting a visit to and viewing of
a property shall be considered to have been provided in the same manner as evidence direct ly
provided at the hearing of the board.
(4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
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BOARD DECISION
11.
A decision of the board must comply with the plan, scheme or development regulations that apply to
the matter that has been appealed to that board.
VARIANCES
12.
(1) Where an approval or permit cannot be given by an authority because a proposed development
does not comply with development standards set out in development regulations, an authority
may, in its discretion, vary the applicable development standards to a maximum of 10% if, in the
authority's opinion, compliance with the development standards would prejudice the proper
development of the land, building or structure in question or would be contrary to public
interest.
(2) An authority shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be made
with respect to the same land, building or structure, would have a cumulative effect that is
greater than a 10% variance even though the individual variances are separately no more than
10%.
(3) An authority shall not permit a variance from development standards where the proposed
development would increase the non-conformity of an existing development.
NOTICE OF VARIANCE
13.
Where an authority is to consider a proposed variance, that authority shall give written notice of the
proposed variance from development standards to all persons whose land is in the immediate vicinity of
the land that is the subject of the variance.
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RESIDENTIAL NON-CONFORMITY
14.
A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where being
repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development regulations
applicable t o that building or structure.
NOTICE AND HEARINGS ON CHANGE OF USE
15.
Where considering a non-conforming building, structure or development under paragraph108(3)(d) of
the Act and before making a decision to vary an existing use of that non-conforming building, structure
or development, an authority, at the applicant's expense, shall publish a notice in a newspaper
circulating in the area or by other means give public notice of an application to vary the existing use of a
non-conforming building, structure or development and shall consider any representations or
submissions received in response to that advertisement.
NON-CONFORMANCE WITH STANDARDS
16.
Where a building, structure or development does not meet the development standards
that are included within the development regulations, the building, structure or development shall not
be expanded if the expansion would increase the non-conformity and an expansion must comply with
the development standards applicable to that building, structure or development.
DISCONTINUANCE OF NON-CONFORMING USE
17.
An authority may make development regulations providing for a greater period of time than is provided
under Regulation 108(2) of the Act with respect to the time by which a discontinued nonconforming use
may resume operation.
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DELEGATION OF POWERS
18.
An authority shall, where designating employees to whom a power is to be delegated under Regulation
109(3) of the Act, make t hat designation in writing.
COMMENCEMENT
19.
These regulations shall be considered to have come into force on January 1, 2001.
© Earl G. Tucker, Queen's Printer
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TOWN OF PORTUGAL COVE-ST. PHILIP'S LAND USE,
ZONING, SUBDIVISION AND ADVERTISEMENT
REGULATIONS (DEVELOPMENT REGULATIONS (2014-2024))
APPLICATION
1.
SHORT TITLE
These Regulations may be cited as the Town of Portugal Cove-St. Philip's Development
Regulations (2014-2024).
2.
INTERPRETATION
3.
(1) Words and phrases used in these Regulations shall have the meanings ascribed to them in
Schedule A. No definitions provided within Schedule A are intended to contravene parallel
definitions included within the Urban and Rural Planning Act (2000).
(2) Words and phrases not defined in Schedule A shall have the meanings and interpretation which
are commonly assigned to them in the context in which they are used in the Regulations.
COMMENCEMENT
These Regulations come into effect throughout the Portugal Cove-St. Philip's Municipal Planning
Area, hereinafter referred to as the Planning Area, on the date of publication of a notice to that
effect in the Newfoundland and Labrador Gazette.
4.
MUNICIPAL CODE AND REGULATIONS
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and any
other ancillary code and any Building Regulations, Waste Disposal Regulation and/or any other
municipal regulations regulating or controlling the development, conservation and use of land in
force in the Town of Portugal Cove-St. Philip's, shall, under these Regulat ions apply to the entire
Planning Area.
5.
COUNCIL
In these Regulations, "Council" means the Council of the Town of Portugal Cove-
St.Philip's.
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PART I - GENERAL REGULATIONS
6.
COMPLIANCE WITH REGULATIONS
No development shall be carried out within the Planning Area except in accordance with the Portugal
Cove-St. Philip's Municipal Plan (2014-2024) and these Regulations.
7.
PERMIT REQUIRED
No person shall carry out any development within the Planning Area except where otherwise provided
in these Regulations unless a permit for the development has been issued by Council.
8.
PERMIT TO BE ISSUED
Subject to Regulations 9 and 10, a permit shall be issued for development within the Planning Area that
conforms to:
(1) the General Development Standards out lined in Part II of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards, requirements,
and conditions prescribed in Schedule C of these Regulations for the use zone in which the
proposed development is located;
(2) the applicable standards specified within the Building Code and/or other ancillary codes,
and any Bullding Regulations, Waste Disposal Regulations, and/or any other municipal
regulation in force in the Planning Area regulating or controlling development, conservation
and use of land and buildings;
(3) the standards identified in Part Ill of these Regulations in the case of advertisement;
(4) the standards contained in Part IV of these Regulations in t he case of subdivision;
(5) the standards of design and appearance established by Council;
(6) the provisions of the St. John's Urban Region Regional Plan; and,
(7) the applicable approval requirements from the Province.
9.
PERMIT NOT TO BE ISSUED IN CERTAIN CASES
Neither a permit nor approval in principle shall be issued for development within the Planning Area
when it is premature by reason of the site lacking adequate road access, power, drainage, sanitary
facilities, or domestic water supply, or being beyond the natural development of the area at the time of
application unless the applicant contracts to pay the full cost of construction of the services deemed
necessary by Council and such cost shall attach to and upon the property in respect of which it is
imposed.
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10.
11.
(1)
(2)
(3)
(1)
DISCRETIONARY POWERS OF COUNCIL
In considering an application for a permit or for approval in principle to carry out development,
Council shall take into account the policies expressed in the Municipal Plan and any further
scheme, plan or regulations pursuant thereto, shall consider any applicable report and
recommendation submissions from a qualified consultant, shall further consider
recommendations from the Town Engineer, and shall assess the general appearance of the
development of the area, the amenity of the surroundings, potential environmental effects,
availability of municipal services and utilities, public safety and convenience, and any other
considerations which are, in its opinion, material. Notwithstanding the conformity of the
application with the requirements of these Regulations, Council may as a result of its
consideration of the matters set out in this Regulation, conditionally approve or refuse the
application.
Council will determine the uses that may or may not be developed in a use zone and those uses
shall be listed in the Development Regulations as discretionary, permitted or prohibited uses for
that area.
When approving or rejecting an application for a discretionary use, Council shall state in writing
the basis for its decision.
VARIANCES (REFER TO MINISTER'S DEVELOPMENT REGULATIONS, SECTION
12, JANUARY 2, 2001)
Where an approval or permit cannot be given by Council because a proposed development does
not comply with the development standards identified within the development regulations,
Council may vary the applicable development standards to a maximum of 10% if, in Council's
opinion, compliance with the development standards would prejudice the proper development
of the land, building or structure in question or would be contrary to public interest.
(2) Council shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be made
with respect to the same land, building or structure, would have a cumulative effect that is
greater than a 10% variance even though the individual variances are separately no more than
10%.
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(3) Council shall not permit a variance from development standards where the proposed
development would increase the non-conformity of an existing development.
NOTICE OF VARIANCE (REFER TO MINISTER'S DEVELOPMENT REGULATIONS,
SECTION 13, JANUARY 2, 2001)
Where Council is to consider a proposed variance, Council shall give written notice of the proposed
variance from development standards to all persons whose land is in the immediate vicinity of the land
that is the subject of the variance, and allow a minimum period of 7 days for response.
13.
SERVICE LEVY
(1) Council may require a developer to pay a service levy where development is made possible or
where the density of potential development is increased, or where t he value of property is
enhanced by the carrying out of public works either on or off the site of the development.
(2) A service levy shall not exceed the cost, or estimated cost, including finance charges to Council
of constructing or improving the public works referred to in Regulation 13(1) that are necessary
for the real property to be developed in accordance with the standards required by Council and
for uses that are permitted on that real property.
(3) A service levy shall be assessed on the real property based on:
(a) the amount of real property benefited by the public works related to all the real property so
benefited; and,
(b) the density of development made capable or increased by the public work.
(4) Council may require a service levy to be paid by the owner of the real property:
(a) at the time the levy is imposed;
(b) at the time development of the real property commences;
(c) at the time development of the real property is completed; or,
(d) at such other time as Council may decide.
14.
FINANCIAL GUARANTEES BY DEVELOPER
(1) Council may require a developer before commencing a development to make such financial
provisions and/or enter into such agreements as may be required to guarantee the payment of
service levies, ensure site reinstatement, and to enforce the carrying out of any other condition
attached to a permit or licence.
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(2) The financial provisions pursuant to Regulation 14(1) may be made in the form of:
(a) a cash deposit from the developer, to be held by Council; or,
{b) a guarantee by a bank, or other institution acceptable to the Minister, for expenditures by
the developer; or,
(c) a performance bond provided by an insurance company or a bank; or,
(d) an annual contribution to a sinking fund held by Council; or,
(e) another form of financial guarantee that Council may approve.
15.
DEDICATION OF LAND FOR PUBLIC USE
In addition to the requirements for conveyance and dedication of land under Regulation 90 (Subdivision
Design Standards), Council may require the dedication of a percentage of the land area of any
subdivision or other development for public use under Regulation 88 (Land for Public Open Space), and
such land shall be conveyed to Council in accordance with the provisions of the Act.
16.
REINSTATEMENT OF LAND
Where the use of land is discontinued or the intensity of its use is decreased, Council 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, septic tanks or excavations, to conduct an environmental
audit and potentially remediate the site, and to close all or any accesses, or to do any of these things or
all of them, as the case may be, and the developer, occupier or owner shall carry out the order of
Council and shall put the site in a clean and sanitary condition to the satisfaction of Council.
17.
FORM OF APPLICATION
(1) An application for a development permit or for approval in principle shall be made to Council
only by the owner or by a person authorized by the owner on such form as may be prescribed
by Council, and every application shall include such plans, specifications and drawings as Council
may require, and be accompanied by the permit fee required by Council.
(2) Council shall supply to every applicant a copy of the application forms referred to in Regulation
17(1) and a description of the plans, specifications and drawings required to be provided with
the application and any information or requirements applicable to the application.
18.
REGISTER OF APPLICATION
(1) Council shall keep a public register of all applications for development, and shall enter therein
Council's decision upon each application and the result of any appeal from that decision.
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19.
DEFERMENT OF APPLICATION
(1) Council may, with the written agreement of the applicant, defer consideration of an application.
(2) Applications properly submitted in accordance with these Regulations which have not been
determined by Council and on which a decision has not been communicated to the applicant
within eight weeks of the receipt t hereof by Council, and on which consideration has not been
deferred in accordance with Regulation 19(1), shall be deemed to be refused.
20.
APPROVAL IN PRINCIPLE
(1) Council may grant approval in principle for the erection, alteration or conversion of a building if,
after considering an application for approval in principle made under these Regulations, it is
sat isfied that the proposed development is, subject to the approval of detailed plans, in
compliance wit h these Regulations.
(2) Where approval in principle is granted under this Regulation, it shall be subject to t he subse-
quent approval by Council of such details as may be listed in the approval in principle, which
shall also specify that further application for approval of these details shall be received not later
than two years from the grant of approval in principle.
21 .
DEVELOPMENT PERMIT
(1) A plan or drawing which has been approved by Council and which bears a mark and/or signature
indicating such approval together with a permit shall be deemed to be permission to develop
land in accordance with these Regulations but such permission shall not relieve the applicant
from full responsibility for obtaining permits or approvals under any other regulation or statute
prior to commencing the development; from having the work carried out in accordance with
these Regulations or any other regulations or statutes; and from compliance with all conditions
imposed there-under.
(2) Council may attach to a permit or to approval in principle such terms, conditions and
requirements as it deems fit in order to ensure that the proposed development will be in
accordance with the purposes and intent of these Regulations.
(3) Where Council deems necessary, a permit may be issued for a temporary development for a
period not exceeding six months, which may be extended at the discretion of Council.
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(4) A permit is valid for such period, not in excess of two years, as may be stated t herein, and if the
development has not commenced, the permit may be renewed for a further period not in
excess of one year, but a permit shall not be renewed more than once, except in the case of a
permit for an advertisement, which may be renewed in accordance with Part Ill of these
Regulations.
(5) The approval of any application and plans or drawings or the issue of a permit shall not prevent
Council from thereafter requiring t he correction of errors, or from ordering t he cessation,
removal of, or remedial work on any development being carried out in the event that the same
is in violation of this or any other regulations or statute.
(6) Council may revoke a permit for failure by the holder of it to comply with t hese Regulations or
any condition attached to the permit or where the permit was issued in error or was issued on
t he basis of incorrect information.
(7) No person shall erase, alter or modify any drawing or specificat ions upon which a permit to
develop has been issued by Council.
(8) There shall be kept available on the premises where any work, matter or thing is being done for
which a permit has been issued, a copy of the permit and any plans, drawihgs or specifications
on which t he issue of the permit was based during the whole progress of the work, or the doing
of the matter or thing unt il completion.
22.
COMPLIANCE WITH LEGISLATION
(1) New development will comply with applicable acts and regulations including, but not limited to,
t he provincial Water Resources Act, Environmental Assessment Act, Lands Act, Health and
Community Services Act, and Building Near Highways Regulation, as well as the federal Fisheries
Act of Canada, Environmental Protection Act of Canada, and Canadian Migratory Bird Act.
(2) Prior to issuing a development permit, Council shall require the applicant to provide
confirmation that necessary provincial and federal approvals have been obtained.
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(3) If Council feels that a proposed development may trigger the requirements of the Environmental
Assessment Act, the proponent will be advised to consult with the Department of Environment
and Conservation before a development permit will be issued.
(4) A development permit will not be issued if Council is aware that the proposed development
would not comply with a particular provincial or federal act or regulation.
(5) Where these Regulations are more stringent than a provincial or federal act of regulation, these
Regulations will apply.
23.
REASONS FOR REFUSING PERMIT
Council shall, when refusing to issue a development permit or attaching conditions to a permit, state the
reasons for so doing.
24.
NOTICE OF RIGHT TO APPEAL (REFER TO MINISTER'S DEVELOPMENT
REGULATIONS, SECTION 5, JANUARY 2, 2001)
Where Council makes a decision that may be appealed under Section 42 of t he Urban and Rural Planning
Act, Council shall, in writing, at the t ime of making that decision, notify the person to whom the decision
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applies of the:
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(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and,
(d) manner of making an appeal and the address for the filing of the appeal.
25.
APPEAL REQUIREMENTS (REFER TO MINISTER'S DEVELOPMENT
REGULATIONS, SECTION 6, JANUARY 2, 2001)
(1) The secretary of the Appeal Board at the Department of Municipal Affairs, Main Floor,
Confederation Building (West Block), P.O. Box 8700, St. John's, 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 Regulation 42(4) of the Act shall be considered to have been filed with the
appropriate Appeal Board.
(2) The fee required under Section 44 of the Act shall be paid to the Appeal Board that hears the
decision being appealed by filing it with the secretary referred to in Regulation (1) or (2) within
the 14 days referred to in Regulation 42(4) of the Act.
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(3) The Appeal Board that hears the decision being appealed shall, subject to Regulation 44(3) of
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the Act, retain the fee paid to the Appeal Board.
(4) Where an appeal of a decision and the required fee is not received by an Appeal Board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
26.
APPEAL REGISTRATION (REFER TO MINISTER'S DEVELOPMENT
REGULATIONS, SECTION 7, JANUARY 2, 2001)
(1) Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the Appeal Board as referred to in Regulations (1) and (2) shall immediately register
the appeal.
(2) Where an appeal has been registered the secretary of the Appeal Board shall notify Council of
the appeal and shall provide to Council a copy of the appeal and the documentation related to
the appeal.
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(3) Where Council has been not ified of an appeal, Council shall within one week of notification
forward to the appropriate board a copy of the application being appealed, all correspondence,
council minutes, plans and other relevant information relating to the appeal including the
names and addresses of the applicant and other interested persons of whom Council has
knowledge.
(4) Upon receipt of the information under Regulation 26(3), the secretary of the board shall publish
in a newspaper circulated in the Portugal Cove-St. Philip's area, a notice that the appeal has
been registered.
(5) A notice published under Regulation 26(4) shall be published not fewer than 2 weeks before the
date upon which the appeal is to be heard by the board.
27.
DEVELOPMENT PROHIBITED (REFER TO MINISTER'S DEVELOPMENT
REGULATIONS, SECTION 8, JANUARY 2, 2001)
(1) Immediately upon notice of the registration of an appeal, Council shall ensure that any
development upon the property that is the subject of the appeal ceases.
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(2) Sections 102 and 104 of the Act apply to Council acting under Regulation (1).
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(3) Upon receipt of a notification of the registration of an appeal with respect to an order under
Section 102 of the Act, Council shall not carry out work related to the matter being appealed.
APPEAL BOARD
(1) The minister may, by order, establish an Appeal Board and shall assign to the Appeal Board a
specific area of the province over which it shall have jurisdiction, as outlined in Section 40, of the
Act.
29.
APPEALS
(1) A person or an association of persons aggrieved of a decision that, under t he regulations, may
be appealed, may appeal that decision to the appropriate Appeal Board where the decision is
with respect to:
(a) an application to undertake a development;
(b) a revocation of an approval or a permit to undertake a development;
(c) the issuance of a stop work order; and,
(d) a decision permitted under the Act or another Act to be appealed to the board.
(2) A decision of Council to adopt, approve or proceed with a municipal plan, a scheme,
development regulations and amendments and revisions of them is final and not subject to an
appeal.
(3) An Appeal Board shall not make a decision that does not comply with the municipal plan, a
scheme and development regulations that apply to the matter being appealed.
(4) An appeal shall be filed with the Appeal Board not more than 14 days after the person who
made t he original application has received the decision being appealed.
(S) An appeal shall be made in writing and shall include:
(a) a summary of the decision appealed from;
(b) the grounds for the appeal; and,
(c) the required fee.
{6) A person or group of persons affected by the subject of an appeal or their representatives may
appear before an Appeal Board and make representations concerning the matter under appeal.
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(7) An Appeal Board may inform itself of the subject matter of the appeal in the manner it considers
necessary to reach a decision.
(8) An Appeal Board shall consider and determine appeals in accordance with the Act and the
municipal plan, scheme and regulations that have been registered under Section 24, of the Act,
and having regard to the circumstances and merits of the case.
(9) A decision of the Appeal Board must comply with the plan, scheme or development regulations
that apply to the matter that has been appealed to t hat board.
(lO)ln determining an appeal, an Appeal Board may confirm, reverse or vary the decision appealed
from and may impose those conditions that the board considers appropriate in the
circumstances and may direct Council to carry out its decision or make the necessary order to
have its decision implemented.
(ll)Notwithstanding Regulation (10), where Council may, in its discretion, make a decision, an
Appeal Board shall not make another decision that overrules the discretionary decision.
(12)The decision of a majority of the members of an Appeal Board present at the hearing of an
appeal shall be the decision of the Appeal Board.
(13)An Appeal Board shall, in writing notify the appellant and Council of the decision of the Appeal
Board.
30.
HEARING NOTICE AND MEETINGS (REFER TO MINISTER'S DEVELOPMENT
REGULATIONS, SECTION 9, JANUARY 2, 2001)
(1) An Appeal Board shall notify the appellant, applicant, Council and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the
date scheduled for the hearing of the appeal.
(2) An Appeal Board may meet as often as is necessary to conduct its work in an expeditious
manner.
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31.
HEARING OF EVIDENCE (REFER TO MINISTER'S DEVELOPMENT
REGULATIONS, SECTION 10, JANUARY 2, 2001)
(1) An Appeal Board shall meet at a place within the area under its jurisdiction and the appel lant
and other persons notified under Regulation 30(1) or their representative may appear before
the Appeal Board and make representations with respect to the matter being appealed.
(2) An Appeal Board shall hear an appeal in accordance with Section 43 of the Act and these
regulations.
(3) A written report submitted under Regulation 43(2) of the Act respecting a visit to and viewing of
a property shall be considered to have been provided in the same manner as evidence directly
provided at the hearing of the Appeal Board.
(4) In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of evidence.
32.
RETURN OF APPEAL FEE
Where an appeal made by an appellant under Section 42 of the Act is successful, an amount of money
equal to the fee paid by that appellant under regulation 25(2) shall be paid to him or her by Council.
33.
NOTICE OF APPLICATION (REFER TO MINISTER'S DEVELOPMENT
REGULATIONS, SECTION 13 AND 15, JANUARY 2, 2001)
When a change in non-conforming use is to be considered under Regulation 49, or when the
development proposed is listed as a discretionary use in Schedule C of the Development Regulations,
Council 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, and allow a minimum period of
seven (7) days for response.
34.
RIGHT OF ENTRY
Council or any inspector represent ing Council may enter upon any public or private land and may at all
reasonable times enter any development or building upon the land for t he purpose of making surveys or
examinations or obtaining information relative to the carrying out of any development, construction,
alteration, repair, or any other works whatsoever which Council is empowered to regulate.
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35.
RECORD OF VIOLATIONS
Every inspector shall keep a record of any violation of these regulations which comes to his knowledge
and report that violation to Council.
36.
STOP WORK ORDER AND PROSECUTION
(1) Where a person begins a development contrary or apparently contrary to these Regulations,
Council may order that person to stop the development or work connected therewith.
(2) A person who does not comply with an order made under Regulation 36(1) is guilty of an
offence under the provisions of the Act.
37.
DELEGATION OF POWERS (REFER TO MINISTER'S DEVELOPMENT
REGULATIONS, SECTION 18, JANUARY 2, 2001
Council shall, where designating employees to whom a power is to be delegated under Regulation
109(3) of the Act, make that designation in writing.
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PART II - GENERAL DEVELOPMENT STANDARDS
38.
ACCESSES AND SERVICE STREETS
(1) Access shall be located to the specificat ion of Council so as to ensure the greatest possible
convenience and safety of the road network system and Council may prescribe the construction
of service streets to reduce the number of accesses to collector and arterial st reets.
(2) No driveway or other entryway to a parcel of land shall be closer than ten (10) metres (32.8
feet) to the street line of any street intersection.
39.
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 . Accessory buildings,
except for a temporary building for on-site construction drawings, equipment and tools st orage
as approved by Council, shall not be erected on a property before the principal building is
constructed.
(2) No accessory building or part thereof shall project in front of any building line.
(3) Notwithstanding Regulation 39(2), Council may approve a location of an accessory building
closer to t he street line than the main dwelling where Council:
(a) considers that the proposed location complements the historical development pattern in
the surrounding area, such as the heritage homes near the harbour areas that have reduced
setbacks;
(b) considers that the location as required under Regulation 39(2) would pose a threat to road
safety;
(c) finds that the physical limitations of the property would not allow for the development of an
accessory building as required under Regulation 39(2); and,
(d) considers that the proposed location as required under Regulation 39(2) would adversely
affect the view from neighbouring homes.
(4) Council will give written notice to all persons whose land is in the immediate vicinity of the
proposed development, and allow a minimum period of seven (7) days for response before
approving an accessory building in a location other than is required in Regulation 39(2).
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40.
ADVERTISEMENTS
Advertisements shall not be erected or displayed except in accordance with Part Ill of these Regulations.
41.
BUFFER STRIPS
(1) Where any industrial, commercial or institutional development permitted in any Use Zone abuts
an existing or proposed residential area, or is separated from it by a road only, t he owner of the
site of the development shall provide a buffer strip not less than ten {10) metres (32.8 feet) wide
between any residential activity and the indust rial, commercial, or institutional area. The buffer
shall include the provision of such natural or structural barrier as may be required by Council
and shall be constructed and maintained by the owner or occupier to the satisfaction of Council.
(2) Where any new residential subdivision is permitted to abut the rear or side property boundaries
of an existing residential lot, a natural vegetation buffer or other structural barrier such as
privacy fence will be required by Council and shall be constructed and maintained by the owner
or occupier to the satisfaction of Council.
42.
BUILDING LINE AND SETBACK
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(1) Council, by resolution, may establish a building line on a public street and may require new
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buildings to be located on that building line, whether or not the building line conforms to the
standards set out in Schedule C of these Regulations.
(2) Council may exempt an individual building from having to locate on the building line if physical,
heritage or other conditions make this location unsafe or impractical, or more in keeping with
the character of the immediate neighbourhood.
43.
GROUP HOME
A group home centre is permitted on approval by Council as a discret ionary use in any single unit
residential dwelling; the group home is to be adequate in size based upon the number of bedrooms to
accommodate the number of persons living in the group, inclusive of staff, and provided that in the
opinion of Council and from local residents' comments, the use of the dwelling does not materially differ
from, nor adversely affect, the amenities of the adjacent residences, or the neighbourhood in which it is
located. Council may require special access and safety features to be provided for the occupants before
occupancy is permitted.
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44.
HEIGHT EXCEPTIONS
The height requirements prescribed in Schedule C of these Regulations may be waived in the case of
telecommunication towers, masts and antennae, flagpoles, water towers, spires, belfries, wind
generators, or chimneys, but any such waiver which results in an increase of more than ten percent
(10%) in the permitted height of the structure shall only be authorized under the provisions of
Regulation 10.
45.
MINIMUM DISTANCE SEPARATIONS FOR COMMERCIAL LIVESTOCK FACILITIES
(1) No new livestock (including poult ry) facility, planned to accommodate more than ten (10)
animal units, shall be located within:
(a) 300.0 metres (984.2 feet) of a public building, commercial building, or a dwelling other
than a commercial building or dwelling located on the same lot as the livestock
operation,
(b) 300.0 metres (984.2 feet) of the boundary of any zone other than the Agriculture, Rural,
and Protected Watershed zones,
(c) 70.0 metres (229.7 feet) of the boundary of the property on which it is to be erected,
and
(d) 90.0 metres (295.3 feet) of t he centre line of a public street.
(2) Regulation 45(1) does not apply to the expansion, conversion, or replacement of a livestock
facility existing on the registration date of this Municipal Plan as long as the expansion,
conversion, replacement, or addition does not reduce the existing separation distance between
the livestock facility and the subject dwelling, public building, commercial building, property
boundary, or public street.
(3) No new public building, commercial building, or dwelling, except a dwelling or commercial
building locat ed on the same lot as the livestock operation, may be located within 300.0 metres
(984.2 feet) of an existing livestock facility that accommodates more than ten {10) animal units.
(4) The construction of new dwellings on lots in existence on the date of the regist rat ion of this
Municipal Plan, which cannot meet the required minimum distance separation, will be
permitted where they meet all other provisions of this Municipal Plan and Development
Regulations.
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46.
(S) In addition to the above requirements, new livestock facilities are subject to applicable
Provincial acts and regulations.
LOT AREA
(1) No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof or
otherwise, so that any building or structure on such lot shall have a lot coverage that exceeds, or
a front yard, rear yard, side yard, frontage or lot area that is less than that permitted by these
Regulations for the zone in which such lot is located.
(2) Where any part of a lot is required by these Regulations to be reserved as a yard, it shall
continue to be so used regardless of any change in the ownership of t he lot or any part thereof,
and shall not be deemed to form part of an adjacent lot for the purpose of computing the area
thereof available for building purposes.
47.
LOT FRONTAGE
No new residential, commercial, public building or other primary use building shall be erected on a lot
that does not front directly on a public road or street, except for historic existing lots t hat in the opinion
of the Town Engineer and through approval of the Province where applicable, are able to otherwise
provide access to a public street to the satisfaction of Council.
48.
EXISTING LOT AREA AND SIZE EXCEPTIONS
Where, at the time of the coming into effect of this Town of Portugal Cove-St. Philip's Municipal Plan
and Development Regulations (2014-2024), a lot existed, which had been previously surveyed, and
registered with the Registry of Deeds, but which does not comply with the lot area and lot frontage
requirements of these Regulations, then these Regulations shall not prevent the issuing of a permit by
Council for the erection of a building thereon, provided that:
(a) the area of the lot is not less t han seventy-five percent (75%) of the lot area standard set out
in these Regulations,
(b) the lot frontage is not less than seventy-five percent (75%) of the lot frontage standard set
out in these Regulat ions,
(c) the yards, floor area, and lot coverage of the proposed building are not less than the
standards set out in these Regulations,
(d) the setback of the proposed building from a watercourse or wetland is not less than the
required setbacks in these Regulations, and
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49.
(e) all necessary approvals have been acquired from the Services NL and other applicable
Provincial or Federal agencies.
NON-CONFORMING USE (REFER TO MINISTER'S DEVELOPMENT
REGULATIONS, SECTION 14, 15, 16, 17, JANUARY 2, 2001)
(1) Notwithstanding the Municipal Plan, scheme or regulations made under the Urban and Rural
Planning Act, 2000, Council shall, in accordance with regulations made under this Act, allow a
development or use of land to continue in a manner that does not conform with a regulation,
scheme, or plan that applies to that land provided that the non-conforming use legally existed
before the registration under Section 24 of t he Act, scheme or regulations made with respect to
that kind of development or use.
(2) Notwithstanding Regulation 49(1), a right to resume a discontinued non-conforming use of land
shall not exceed 12 months after that discontinuance.
(3l A non-conforming building, structure or development under t he Act that is allowed to continue
under Regulation 49(1l:
(al shall not be internally or externally varied, extended or expanded unless otherwise
approved by Council;
(bl shall not be structurally modified except as required for the safety of the building, structure
or development;
(cl shall not be reconstructed or repaired for use in the same non-conforming manner where
50% or more of the value of that building, structure or development has been destroyed,
except as provided for in Regulation 49(3)(h);
(dl may have the existing use for that building, structure or development varied by Council to a
use that is, in Council's opinion, more compatible with the plan and regulations applicable to
it;
(el may have the existing building extended by approval of Council where, in Council's opinion,
the extension is not more than 50% of the existing building;
(fl where the non-conformance is with respect to the standards included in these Regulations,
shall not be expanded if the expansion would increase the non-conformity;
(g) where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not be
expanded if the expansion would increase the non-conformity, and an expansion must
comply with the development standards applicable to that building, structure or
development; and,
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(h) where the building or structure is primarily zoned and used for residential purposes, may, in
accordance with t he municipal plan and regulations, be repaired or rebuilt where 50% or
more of the value of that building or structure is destroyed.
(4) Where considering a non-conforming building, structure or development and before making a
decision to vary an existing use of that non-conforming building, structure or development,
Council, 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 any representations or
submissions received in response to that advertisement.
50.
OFFENSIVE AND DANGEROUS USES
No building or land shall be used for any purpose which may be dangerous by causing or promoting fires
or other hazards or which may emit noxious, offensive or dangerous fumes, smoke, gases, radiation,
smells, ash, dust or grit, excessive noise or vibration, or create any nuisance that has an unpleasant
effect on the senses unless its use is authorized by Council through consideration of the land uses of
Schedule C, and Council's potential consideration of a report and recommendations on the proposed
use prepared by a qualified consultant engaged by the development applicant, and such use is allowed
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51.
OFF-STREET PARKING REQUIREMENTS
(1) For every building, structure or use to be erected, enlarged or established, there shall be
provided and maintained a quantity of off-street parking spaces sufficient to accommodate the
proposed use and /or building, and to ensure that the flow of traffic on adjacent streets is not
impeded by the on-street parking of vehicles associated with that building, structure or use.
(2) The number of parking spaces to be provided for any building, structure, use of occupancy shall
conform to the standards outlined in Schedule D - Off-Street Parking Requirements of t hese
Regulations.
(3) Each parking space, except in t he case of single or double dwellings, shall be made accessible by
means of a hard surfaced right-of-way at least three (3) metres (9.8 feet) in width. Parking for
residential single and double dwellings shall be provided in the driveway area on the same lot as
the dwelling; no parking in the front yard lawn areas shall be permitted. Parking space for
apartments shall be provided in the rear yard where possible.
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(4) Parking facilities shall, except in the case of single and attached double 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 eight vehicles are required or
permitted:
(a) a parking space shall mean an area of land, not less than 15 m2 (161.5 square feet) in size,
capable of being used for the parking of a vehicle without the need to move other vehicles
on adjacent areas;
(b) the parking area shall be constructed and maintained to the specifications and terms and
conditions of the development permit approval by Council;
(c) the lights used for illumination of the parking area shall be so arranged as to divert the light
away from adjacent development;
(d) a structure, not more than 3 metres in height and more than 5 m2 ( 53.8 square feet) in area
may be erected in the parking area for the use of attendants in the area;
(e) except in zones that permit a service station, no gasoline pump or other service station
equipment shall be located or maintained on a parking area;
(f) no part of an off-street parking area shall be closer than 1.5 metres (4.9 feet) to the front lot
line in any zone;
(g) access to parking areas in non-residential zones shall not be by way of a residential zone;
(h) the driving surface of a driveway access to a parking area from a public street shall not be
less than 6 metres (19.7 feet) in width;
(i) where a parking area is located within or abuts a residential zone, a natural or structural
barrier at least 1.5 metres (4.9 feet) high shall be erected and maintained along all lot lines
between the parking area and the adjacent residential property; and,
(j) where strict application of the above parking requirements is impract ical or undesirable,
Council may require the developer to pay a service levy in accordance with these
Regulations in lieu of the provision of a parking area, and the full amount of the levy shall be
used by Council for the provision and upkeep of alternative parking facilities within the
vicinity of the development.
52.
OFF-STREET LOADING REQUIREMENTS
(1) For every building, structure or use to be erected, enlarged or established requiring the
shipping, loading or unloading of animals, goods, wares or merchandise, there shall be provided
and maintained for the premises loading facilities on land that is not part of a street comprised
of one or more loading spaces, 15 metres (49.2 feet) long, 4 metres (13.1 feet) wide, and having
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a vertical clearance of at least 4 metres (13.1 feet) with direct access to a street or with access
by a driveway of a minimum width of 6 metres (19.7 feet) to a street.
(2) The number of loading spaces to be provided shall be determined on the basis of the size of the
proposed building on the development site where one loading space is to be provided for
development sites with building floor area space greater than 500 square metres (5,382.1
square feet), and two loading spaces to be provided for buildings with a floor area space greater
than 2000 square metres {21,528.5 square feet).
(3) The loading facilities required by this Regulation shall be so arranged that trucks or loading
vehicles can manoeuvre clear of any street and so that it is not necessary for any loading vehicle
to reverse onto or from a street.
53.
PUBLIC PARKS AND PLAYGROUNDS, AND CONSERVATION USES
Nothing in these Regulations shall prevent the designation of conservation areas or the establishment of
public parks and playgrounds in any zones provided that such parks and playgrounds are not located in
areas which may be unsafe and hazardous to their use, are not operated for commercial purposes, and
are within the financial resource capacity of the Town for any future potential ongoing maintenance
costs.
54.
SCREENING AND LANDSCAPING
Council may, in t he case of existing unsightly development, order the owner or occupier to provide
adequate and suitable landscaping or screening; and for this purpose may require the submission of an
application giving details of the landscaping or screening, and these Regulations shall then apply to that
application. The provision of adequate and suitable landscaping or screening may be made a condition
of any development permit where, in the opinion of Council, the landscaping or screening is desirable to
preserve amenity, or protect the environment. Where a property owner of an unsightly property or
premises does not comply to remedy the deficiency, Council may proceed to take other action, including
upon failure of the property owner to comply with further notice from the Town, Council may enter the
site and clean up the property and place the cost of such municipal work on the annual taxation levy for
the property and/or building.
55.
SERVICES AND MUNICIPAL INFRASTRUCTURE
Within any zone, the provision of public or municipal services, infrastructure and utilities are permitted,
subject to Regulat ion 89. This applies to electrical services, light standards, traffic control devices, utility
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poles, highways and municipal directional signage, municipal water, sewer and storm water systems and
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associated underground utilities and pump houses, group mail boxes, roads and highways, and similar
such infrastructure, services and utilities required to service a growing community. The proposed design
of the works and landscaping of any development of any land so used shall be reviewed by the
municipality for its adequacy to protect the character and appearance of the area where the works are
to be installed. Private utilities such as major pipelines and transmission lines should be discussed with
local authorities early in the planning stages; fibre optic services are similarly to be communicated to the
local authority, prior to Council consideration of support for installation of these utilities.
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56.
MINERAL EXPLORATION
Mineral exploration and staking are permitted in any zone subject to applicable provincial acts and
regulations. Mineral exploration is not supported by the Town however in the more urban and built up
areas of the community.
57.
SERVICE STATIONS
The following requirements shall apply to all proposed service stations:
(a) All gasoline pumps shall be located on pump islands designed for such purpose, and to which
automobiles may gain access from either side.
(b) Pump islands shall be set back at least 4 metres (13.1 feet) from the front lot line.
(c) Accesses shall not be less than 7 metres (22.9 feet) wide and shall be clearly marked, and where
a service station is located on a corner lot, the minimum distance between an access and the
intersection of street lines at the junction shall be 10 metres (32.8 feet) and the lot line between
entrances shall be clearly indicated.
58.
SIDE YARDS
Except for comprehensively designed site developments, a side yard, which shall be kept clear of
obstruction, shall be provided on the exposed sides of every building in every use zone in order to
provide access for the maintenance of that building, and to provide separation distance to an adjacent
property.
59.
STREET CONSTRUCTION STANDARDS
A new street may not be constructed except in accordance with the road design, specifications and
standards adopted by Council.
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60.
SUBSIDIARY APARTMENTS
Subsidiary apartments, as defined by Schedule A, may be permitted upon Council approval as a
discretionary use in single unit residential dwellings, and within a permitted commercial use only, and
for the purposes of calculating lot area and yard requirements, shall be considered part of the self-
contained dwelling. Council may also consider a granny suite as a form of a subsidiary apartment to help
meet the emerging housing needs of seniors.
61.
ZERO LOT LINE AND OTHER COMPREHENSIVE DEVELOPMENT
The erection of dwellings which are designed to form part of a zero lot line development or other
comprehensive development site layout which does not, with the exception of dwelling unit floor area,
meet all of the requirements of the Use Zone Table in Schedule C, will be considered on the basis that
the dwellings are designed to provide both privacy and reasonable access to natural daylight and the
overall density within the proposed development conforms to these Development Regulations. The
standards outlined in the Use Zone Table will additionally apply where the proposed layout adjoins
other development .
62.
MULTIPLE USES ON ONE LOT
Where a single lot contains more than one permitted use, each specific use shall conform to the
provisions of these Development Regulations that are applicable to that use.
63.
VEHICLE BODIES
No truck, bus, semi-trailer, freight container, other vehicle body, or a structure of any similar nature, or
a tent or similar use, shall be used as a residential dwelling unit for human habitation in any zone. This
provision does not apply to recreational vehicles or trailers or tents and similar used for camping
purposes on a temporary and interim seasonal basis.
64.
SITE SUITABILITY
No building or structure or other development of land will be permitted on a site where it otherwise
would be permitted under these Development Regulations where the proposed site is marshy,
geologically unstable, excessively steep, or otherwise unsuitable for a proposed purpose by virtue of its
soil, topography or environmental sensitivity, as identified by Schedule E - Environmental Protection
Overlay of the these Development Regulations, or as assessed by a qualified consultant, or as otherwise
determined by Council .
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65.
(1)
(2)
66.
(1)
(2)
(3)
67.
(1)
ENVIRONMENTAL PROTECTION
Land located within fifteen (15.0) metres (49.2 feet) of watercourses; thirty (30.0) metres (98.4
feet) of bodies of water and coastlines; designated flood risk areas; wetlands; and steep slopes
shall be indicated on the map contained in Schedule E: Environmental Protection Overlay.
Any development that may permitted on lands indicated by the Environmental Protection
Overlay schedule will only be permitted subject to the terms and conditions stated in Schedule E
of these Development Regulations.
AIRCRAFT NOISE EXPOSURE CORRIDOR
No new residential development shall be permitted above the 35 Noise Exposure Forecast (NEF)
Contour of the St. John's Airport, the bounds of which are delineated on the Zoning Map as part
of these Development Regulations.
All residential development located between the 30 NEF and 35 NEF Contours shall-comply with
Canada Mortgage and Housing Corporation (CMHC) acoustic insulation requirements. All
building permit applications for this area must include drawings stamped and certified by a
qualified engineer or architect that indicates these requirements are incorporated into t he
building design.
A seller of land above the 30 NEF contour is required to issue a notice to prospective purchasers
concerning the restrictions on development in these areas. Council will not approve a
subdivision of land in any area above the 30 NEF contour unless it receives a written
undertaking from the owner that prospective purchasers will be notified of these development
restrictions by way of a Notice placed upon the title of the subject properties.
STORMWATER MANAGEMENT
Land development and the erection of buildings and structures will not be permitted on any site
where it would otherwise be permitted under these Regulations, when in t he opinion of the
Town engineer, the development will create or aggravate adverse stormwater impacts, for
example, excessive run-off onto adjacent properties, soil erosion, scouring and silt deposit ion of
streams, or reduction of surface or groundwater quality. The development applicant may be
required to engage a qualified consultant engineer with expert ise in hydrology and storm water
management design to address these site development issues to the satisfaction of the Town
engineer and Town Council.
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(2) New development may be required to implement storm water detention measures to manage
and cont rol stormwater runoff so that there is "no net increase" in storm water runoff as a
result of the proposed development.
(3) Each development shall be provided with a drainage system that is adequate to prevent the
retention of surface water on the development site; Council may require a retention pond or
similar engineering approach be incorporated into storm drainage systems.
{4) The grading of land, excavation of ditches, and erection of buildings or structures will not be
undertaken in a manner that significantly increases stormwater runoff and erosion onto
adjacent properties or into nearby wate recurses.
68.
LINE OF VISION AT INTERSECTIONS
So as to not obstruct the view of motorists and pedestrians:
{a) All occupied and existing lands located within 7.0 metres {22.9 feet) ofa street intersection
shall be kept free of any shrubs, plants, and any trees t hat will impede the line of vision to
be clear for motorists and pedestrians; and,
{b) No building or structure shall be permitted t o be erected, moved, enlarged, or
reconstructed on any land t hat is within 7.0 metres {22.9 feet) of a street intersection.
69.
DEVELOPMENT IN THE VICINITY OF A PUBLIC RIGHT-OF-WAY
(1) Land development and the erection of buildings and structu res will not be permitted on any site
where it would otherwise be permitted under these development regulations, when upon the
review by t he Town's Engineer, the development would impede public passage on a public right-
of-way or interfere with any legal right of Council t o develop or improve the right-of-way for
public access and recreation.
(2) A minimum setback or set other terms and condit ions may be required for a proposed
development in the vicinity of a public right-of-way to ensure the development will not obstruct
or otherwise impede public passage along the right-of-way.
70.
SOIL REMOVAL AND DEPOSIT AND SITE GRADING
(1) A development permit is not required for removal, deposit, or grading of soil, sand, gravel, rock,
or ot her aggregate material if t he activity is part of an approved development project or affects
less than 125 cubic metres of material.
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(2) No other excavation, removal, or depositing of material, or site grading, shall be carried out
unless a development permit under these Regulations has been issued by Council.
(3) Any excavation, removal and depositing of soil, sand, gravel, and rock, that requires a
development permit may be issued a temporary permit provided the work is based on a grading
plan, will result in an improved site for permitted uses, while retaining as much of the natural
features of the land as possible. The following conditions shall be met:
{a) The landscape shall be preserved in its natural state, insofar as practicable, by minimizing
tree and soil removal and any grade changes shall be in keeping with the general
appearance of neighbouring developed areas;
{b) Land intended for the activity or grading has a slope of less than 25%. Lands with a slope
greater than 25% over a distance of five (5) or more metres, shall be protected and shall not
be developed except for infill residential single dwelling development proposals as a
discretionary use within the Traditional Community zone, and except on the further
conditions that such proposals are accompanied and supported by a qualified geotechnical
or other engineering certified and stamped report and recommendations, such land is not
designated by the St. John's Urban Region Regional Plan as 'Restricted', and all such
proposals are approved by Council;
(c) Resulting slopes are verified by a geotechnical or similar qualified engineer as being stable
and without hazards;
(d) When the work is completed, areas in which natural vegetation has been removed shall be
covered with topsoil and other necessary material for vigorous plant growth and planted
with appropriate vegetation; and
(e) Storm water management and drainage is provided to a standard appropriate to the site,
and as approved by the Town Engineer, so as to not impair existing surface drainage or
create erosion either on the site or on adjacent sites.
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71 .
WIND TURBINES
(1) Private Wind Turbines
Where permitted as a discretionary use by Council, the development of a private wind turbine (see
definition in Schedule A) shall conform to the following standards and conditions:
Wind Turbine Development Standards
STANDARDS
Lot Size (m2)
<2000
2000
4000
>8000
Maximum number of wind turbine(s)
1
1
1
2
Maximum power generating capacity of wind
lSKW
20KW
40KW
lOOKW
turbine(s) (kilowatts -KW)
(total collective)
Maximum tower height (metres)
10.25
12.25
18.5
30.5
Minimum separation distance from Tower and
25
so
100
250
neighbouring residence (metres)
Minimum separation distance of the swept arc of
1
3
5
5
the blade from residence on same lot (metres)
Minimum distance of the swept arc of the blade
Side yard requirements as in land use zone
from side yard (metres)
Separation distance between towers (metres)
Not Applicable
10
Lowest point of sweep area of rotor blade to finish
5
5
6
7
grade (metres)
{a) The development of a private wind turbine{s) on a lot shall be for the primary use of the
property owner. Electricity produced shall address the consumption needs of buildings and
facilities located on the subject property. Surplus electricity shall be secondary in nature to
the primary use and may be connected to the local power grid for the purpose of selling
surplus power.
(b) All development shall meet applicable Federal and Provincial regulatory requirements, in
particular those applying to safety and environmental concerns.
(c) The development of the wind turbine{s) shall not create hazards or negative impacts on
neighbouring properties. In cases where there are potential conflicts or impacts between a
proposed development and neighbouring property, the turbine developer may be required
to provide to Council a qualified consultant report with recommendations to ensure that
adequate buffers or screening are maintained to reduce the potential impacts on adjoining
properties, and to provide for other mitigation measures that may be necessary to reduce
the impacts.
(d) Wind turbine tower(s) shall be located on a lot with minimum visual impacts on
neighbouring properties.
(e) The sweep area of the rotor blades on a wind turbine shall not cross over property lines.
(f) Wind turbine(s) shall not be permitted in front of the building line.
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(g) Wind turbine tower(s) shall be designed and constructed to meet design loads for
operational requirements including ice build-up. The blades shall either have de-icing
capabilities or be constructed of a material (ex. poly carbonate composite) that resists ice
build-up.
(h) Should the wind turbine cease operations for a period longer than 2 years, the turbine,
towers, and any related infrastructure shall be removed from the property.
(2) Commercial Wind Turbines
Where permitted by Council as a discretionary use, the development of a commercial wind turbine
(see definition in Schedule A) shall meet applicable Federal and Provincial regulatory requirements,
the provisions of this Regulation 71, and all other terms and conditions determined as required by
Council in consideration of the proposal, the proposed site and location, adjacent land uses, scenic
views, rura I character of the community and other factors relevant to such site approval
consideration.
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PART Ill - ADVERTISEMENTS
72.
PERMIT REQUIRED
(1) No advertisement, as defined by Schedule A, shall be erected or displayed on land, or upon or
within water, in the Planning Area unless a permit for the advertisement is first obtained from
Council.
(2) In addition to meeting the requirement of Regulat ion 72(1), no advertisement shall be erected
or displayed along the visual corridor of a Provincial Road unless a permit has also been
obtained from the appropriate Provincial authority.
73.
FORM OF APPLICATION
Application for a permit to erect or display an advertisement shall be made to Council in accordance
with Regulation 17.
74.
ADVERTISEMENTS PROHIBITED IN STREET RESERVATION
No advertisement shall be permitted to be erected or displayed within, on or over any highway or street
reservation.
75.
PERMIT VALID FOR LIMITED PERIOD
A permit granted for the erection or display of an advertisement shall be for a limited period, not
exceeding two years, but may be renewed at the discretion of Council for similar periods.
76.
REMOVAL OF ADVERTISEMENTS
Notwithstanding the provisions of these Regulations, Council may require the removal of any
advertisement which, in its opinion, is:
(a) hazardous to road traffic by reason of its siting, colour, illumination, image, message, or
structural condition; or,
(b) detrimental to the amenities of the surrounding area.
77.
ADVERTISEMENTS EXEMPT FROM CONTROL
The following advertisements may be erected or displayed in the Planning Area without application to
Council:
(a) on a single residential dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.2 m2(2.l square feet) in area size;
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78.
(b) on an agricultural holding or farm, a notice board not exceeding 1.0 m2 (10.76 square feet) in
area size and relating to the operations being conducted on the land;
(c) on land used for forestry purposes, signs or notices not exceeding 1.0 m2 (10.76 square feet) in
area size and relating to forestry operations or the location of logging operations conducted on
the land;
(d) on land used for mining or quarrying operations, a notice board not exceeding 1.0 m2 (10.76
square feet) in area size relating to the operation conducted on the land;
(e) on a dwelling or within the yard of a dwelling, one nameplate not exceeding 0.2 m2 (2.1 square
feet) in area size in connection with the practice of a professional person carried on in t he
premises;
(f) on any site occupied by a church, school, library, art gallery, museum, inst itution or cemetery,
one notice board not exceeding 1.0 m2 (10.76 square feet) in area size;
(g) on the principal facade of any commercial, industrial or public building, the name of the building
or the name of t he occupants of t he building, in letters not exceeding one-tenth of the height of
that facade or 3.0 m (32.28 square feet), whichever is the lesser;
(h) on any parking lot directional signs and one sign not exceeding 1.0 m2 (10.76 square feet) in size,
identifying the parking lot.
APPROVAL SUBJECT TO CONDITIONS
A permit may only be issued for the erection or display of advertisements which comply with the
appropriate conditions and specifications set out in the applicable Use Zone Tables in Schedule C of
these Regulations.
79.
NON-CONFORMING USES
Notwithstanding other provisions of Part Ill, the erection or display of advertisements is permitted on a
building or wit hin the courtyard of a building or on a parcel of land, the use of which is a nonconforming
use, provided that the advertisement does not exceed the size and type of advertisement which could
be permitted if the development was in a Use Zone appropriate to its use, and in accordance wit h ot her
conditions determined upon review of the application for the subject non-conforming site.
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PART IV - SUBDIVISION OF LAND
80.
PERMIT TO SUBDIVIDE REQUIRED
No land in the Planning Area shall be subdivided unless a permit for the development of the subdivision
is first made by application, the proposal is reviewed and considered by the Town, external agency
comments and approvals are provided, the terms, conditions and requirements for the subdivision
development are addressed, and subdivision approval is obtained from Council.
81.
SERVICES TO BE PROVIDED
(1) No permit shall be issued for the development of subdivided land unless provisions satisfactory
to Council have been made in the application for connection to municipal services, or for
verification of a safe supply of drinking water of sufficient quantity, a properly designed sewage
disposal system as approved by Services NL, and a properly designed storm drainage system.
(2) Where the land to be subdivided is for the purpose of a residential subdivision to be serviced by
individual wells, no permit shall be issued until a groundwater assessment report has been
submitted as required under Regulation 97 of these Development Regulations.
(3) No permit shall be issued for the development of subdivided land of six (6) or more lots located
less than 500.0 metres (1,640.4 ft) from existing water and/or sewer mains unless provision has
been made to connect the development to these piped services at the expense of the
developer, and the land is appropriately zoned for serviced or semi-serviced development. The
installation, construction materials, system design, and other requirements must meet the
approval of the Town's engineer.
82.
PAYMENT OF SERVICE LEVIES AND OTHER CHARGES
No permit shall be issued for the development of a subdivision until agreement has been reached for
the payment of all fees levied by Council for connection to services, utilities and streets deemed
necessary for the proper development of the subdivision, for provision of open space and all other
applicable service levies and other charges imposed under Regulations 13 and 14.
83.
PERMIT TO SUBDIVIDE SUBJECT TO CONSIDERATIONS
A permit to subdivide land will not be issued when the development of the subdivided land will not
contribute to the orderly and sustainable growth of the municipality, will not demonstrate sound design
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principles, will cause undue environmental harm, or will result in an undue cost burden for the provision
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of municipal services. When reviewing and evaluating a subdivision application, Council shall, wit hout
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limit ing t he generality of the foregoing, consider:
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(a) t he locat ion of the land and the proposed number of lots to be subdivided;
(b) the availability of and the demand created for municipal infrastructure, municipal services,
and utilit ies;
(c) the provisions of the Municipal Plan and Development Regulations (2014-2024) affecting the
site;
(d) t he land use, physical form and character of t he proposed site and the adjacent
neighbourhood;
(e) the resulting traffic densities t o be generated from the site development, the proposed
subdivision road network, t he potential need for off-sit e transportation improvements and
how the subdivision will address pedestrian mobility, including the provision of right-of-way
connect ions to existing and adjacent trail systems;
(f) the relationship of t he project to existing or potential sources of nuisance;
(g) soil and subsoil characteristics of the parent property;
(h) t he topography of the site and its drainage, and proposed storm water management;
(i) natural features on or adjacent to the site such as ponds, st reams, rivers, wetlands, topsoil,
t rees and other vegetation, and any walkway or trail provision for continued public access to
ponds;
(j) prevailing winds;
(k) visual quality and scenic views;
(I) availability of community facilities and schools to service the site;
(m) energy conservation and other sustainable planning initiatives;
(n) environmental impacts of t he proposed subdivision development with respect to
watercourses, wet lands, steep slopes, drainage patterns, coastal resources, protected
species and loss or fragmentation of natural habit at, and proposed environmental
management approach to the site to address potential impacts;
(o) assessment of ongoing capital and municipal financial costs related to the provision and
maintenance of roads, other infrast ructure, and services resulting from the subdivision;
(p) probable effects on t he sustainability of important resource lands, particularly agricultural
land, forest land, and aggregate resources;
(q) proposed open space provision; and,
(r) such other matters as may affect t he proposed development.
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84.
BUILDING PERMITS REQUIRED
Notwithstanding the approval to subdivide land by Council, a separate building permit shall be obtained
for each building or structure proposed to be erected on the subdivided land, and no building permit for
any building or structure in the area shall be issued until the developer has complied with all the
provisions of these Regulations with respect to the approval and development of the subdivided land.
85.
NO PERMIT REQUIRED
The following land uses do not require development permit approval, but must comply with all
applicable provisions and requirements of the Development Regulations and policies of the Municipal
Plan (2014-2024), and with all applicable external Provincial approvals, as required:
(a) the removal of trees and other vegetation (not including trees and vegetation located within an
environmental setback area and where any tree removal is to be in compliance with Regulation
90 (q));
(b) the grubbing of soil, placing of fill, and other altering of the landscape (in accordance with
Regulation 70);
(c) a passive recreational use such as a walking trail or picnic area (as discussed and approved by
the municipal Department of Recreation and Community Services);
(d) the clearing and development of agricultural land (as approved by the Province for Agricultural
Development Area lands) a forestry use for personal cutting of fuel wood, Christmas trees and
similar domestic uses;
(e) construction and installation of a driveway with access to a municipal street (in accordance with
engineering standards);
(fl construction and installation of a septic system, as approved by Services NL; and,
(g) a conservation use to preserve natural areas.
86.
FORM OF APPLICATION
Application for a permit to develop a subdivision shall be made to Council in accordance with Regulation
17.
87.
SUBDIVISION SUBJECT TO ZONING
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on t he
Zoning Maps.
88.
LAND FOR PUBLIC OPEN SPACE
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(1) Where a parcel of land is proposed to be subdivided into four (4) lots or more, the developer
shall dedicate to Council, at no cost to Council, an useable area of land equivalent to not more
than 10% of the gross area of the subdivision or 25.0 m2 (269 square feet) for every dwelling
unit permitted in the subdivision, whichever is the greater, for public open space, provided that:
(a) where land is subdivided for any purpose other than residential use, Council shall determine
the percentage of land to be dedicated;
(b) if, in the opinion of Council, no public open space is required, the land may be used for such
other public use as Council may determine;
(c) the location and suitability of any land dedicated under the provisions of this Regulation
shall be subject to the approval of Council but in any case, Council shall not accept land
which, in its opinion, is incapable of development for any purpose;
(d) Council may accept from the developer in lieu of such area or areas of land the payment of a
sum of money equal to the value of the land which would otherwise be required to be
dedicated;
(e) financial contributions received by Council in accordance with Regulation 88(1)(d) shall be
reserved by Council for the purpose of the acquisition or development of land for public
open space or other public purpose.
(2) Land dedicated for public use in accordance with this Regulation shall be conveyed to Council
and may be sold or leased by Council for the purposes of any development that conforms with
the requirements of these Regulations, and the proceeds of any sale or other disposition of land
shall be applied against the cost of acquisition or development of any other land for the
purposes of public open space or other public purposes.
(3) Council may require a strip of land to be reserved and remain undeveloped along the banks of
any watercourse, and this land may, at the discretion of Council, constitute the requirement of
land for public use under Regulation 88(1).
(4) Before approving an application to subdivide land abutting or in the vicinity of a pond, Council
will consider the effect of the proposed subdivision on public access to the pond. If there is
concern that the development may impede public access to the pond, no permit will be issued
for the development unless provision has been made for a public right-of-way to the pond and
for the transfer of ownership of the right-of-way to the Town.
(5) Before approving an application to subdivide land abutting or in the vicinity of a trail system,
Council will consider the effect of the proposed subdivision on the connectivity of the trail
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89.
network. No permit will be issued for the development unless provision has been made for a
public right-of-way and for the transfer of ownership of the right-of-way to the Town.
STRUCTURE IN STREET RESERVATION
The placing within any street reservation of any structure (for example, a hydro pole, telegraph or
telephone pole, fire hydrant, mail box, fire alarm, sign post) shall be reviewed by the Town's Engineer
and shall receive the prior approval of Council which shall be satisfied on the question of safe
construction and relationship to the adjoining buildings and other structures within the street
reservation.
90.
SUBDIVISION DESIGN STANDARDS
No permit shall be issued for the development of subdivided land under these Regulations unless the
design of the subdivision conforms to the following standards:
(a) The finished grade of streets shall not exceed 12 percent;
(b) Cul de sacs shall have a turning circle with a driving surface diameter of not less than 30.0
metres {98.4 feet);
(c) The maximum length of any cul de sac shall be:
i)
200.0m (656.2 feet) in areas served by or planned to be served by municipal piped
water and sewer services, as shown in the map and letter of agreement signed by the
Municipality and the Minister in connection with municipal five-year capital works
program eligibility;
ii)
300.0m (984.2 feet) in areas not served by or planned to be served by municipal piped
water and sewer services; and
iii) greater in length as described in Regulation 90(2)(ii) where it can be determined that
the cul de sac will round out an existing subdivision only and where no alternative
means of access can be acquired;
(d) An emergency access for a cul de sac:
i)
shall be located at the midway point of the cul de sac;
ii) have a right-of-way width of not less than six (6.0) metres (19.68 feet);
iii) shall connect directly with an adjacent public street;
iv) shall be no longer than the total length of the cul de sac;
v) shall be constructed to a standard specified by the Town Engineer and approved
vi) by Council; and
vii) shall be conveyed to the ownership of Council;
(e) No cul de sac shall be located so as to appear to terminate a collector street;
(f) A new subdivision shall have street connections with an existing public street(s);
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(g) Every street intersection shall be constructed within 5 degrees of a right angle and this
alignment shall be maintained for at least 30.0 metres {98.4 feet) from the intersection;
(h) No street intersect ion shall be closer than 60.0 metres (196.8 feet) to any other street
intersection;
(i) No more than four streets shall join at any street intersection;
U) No residential street block shall be longer than 450.0 metres (1,476.8 feet) between street
intersections;
(k) Required public street reservations shall be conveyed to the ownership of Council;
(I) New residential st reets shall be designed in accordance with the approved standards of Council,
but in the absence of such standards, shall conform to the following minimum and maximum
standards:
Street Design Standards
Street
Pavement
Sidewalk
Sidewalk
Type of Street
Reservation
Width
Width
Number
30m
15 m
1.5m
Minimum of 1
Arterial Streets
Maximum of 2
Collector Streets
20m
15 m
1.5m
2
Local Residential Streets:
15 m
9m
1.5m
1
where more than 50% of the units are
single or double dwellings;
20m
9m
1.5m
2
where 50% or more of the units are
townhouses or apartments.
Service Streets
15 m
9m
1.5m
Minimum ofO
Maximum of 2
(m) No residential lot shall have a depth exceeding four times the frontage, except where existing
subdivision patterns and lot configurations in the immediate neighbourhood area do not
provide any alternative options for subdivision of land;
(n) No residential lot shall abut a local street at both front and rear lot lines;
(o) All designated archaeological sites on a property proposed to be subdivided shall be protected
in accordance to t he requirements of the Provincial Archaeological Office;
{p) Council may require any existing natural, historical or architectural feature or part thereof to be
retained when a subdivision is developed;
(q) Council will require new subdivision lots to maintain existing trees and vegetation in the rear
yard at a depth of 6.0 metres from the rear property line. Removal of trees and natural
vegetation, or the development of an alternative landscape within this natural buffer, will
require the approval of Council; and,
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(r) Land shall not be subdivided in such a manner as to prejudice the development of adjoining
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land.
91.
ENGINEER TO DESIGN WORKS AND CERTIFY CONSTRUCTION LAYOUT
(1) Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers, on-site
storm water management works and all appurtenances thereto and all streets, paving, curbs,
gutters and catch basins and all other utilities and works deemed necessary by Council to service
the area proposed to be developed or subdivided shall be designed, prepared by, and approved
by the Engineer. Such designs and specifications shall, upon approval by Council, be
incorporated in the plan of subdivision.
(2) Upon approval by Council of the proposed subdivision, the Engineer shall certify all work of the
construction layout prior to the construction of the said works; upon such certification, the
developer shall proceed to the construction and installation of the works, at his own cost and in
accordance with the approved designs and specifications and the construction layout certified
by the Engineer, including all such water mains, hydrants, sanitary sewers, storm water
management systems and all appurtenances and of all such streets and other utilities and works
deemed necessary by Council to service the said area.
92.
DEVELOPER TO PAY ENGINEER'S FEES AND CHARGES
The developer shall pay to Council all the Engineer's fees and charges for the preparation of designs and
specifications and for the layout and supervision of construction; such fees and charges being
percentages of the total cost of materials and labour for the construction and installation of all works
calculated in accordance with the Schedule of Fees recommended by the Association of Professional
Engineers of Newfoundland and in effect at the time the work is carried out.
93.
STREET WORKS MAY BE DEFERRED
The construction and installation of all curbs and gutters, catch basins, sidewalks and paving specified by
Council as being necessary, may be deferred upon approval by Council until a later stage of the work on
the development of the subdivision, but if such deferment is granted, the developer shall deposit with
Council before approval of his application, an amount estimated by the Engineer as reasonably sufficient
to cover the cost of construction and installation of the works. In the later stage of the work of
development, Council shall call for tenders for the work of construction and installation of the works,
and the amount so deposited by the developer shall be applied towards payment of the contract cost. If
the contract cost exceeds the deposit, the developer shall pay to Council the amount of the excess. If
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the contract price is less than the deposit, Council shall refund the amount by which the deposit exceeds
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the contract price. Any amount so deposited with Council by the developer shall be placed in a separate
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account in a bank and all interest earned thereon shall be credited to the developer.
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94.
TRANSFER OF STREETS ANO INFRASTRUCTURE WORKS TO COUNCIL
(1) The developer, following the approval of the subdivision of land and upon request of Council,
shall transfer to Council by formal written agreement, at no cost to Council, and clear of all liens
and encumbrances:
(a) all lands in the area proposed to be developed or subdivided which are approved and desig-
nated by Council for public uses as public streets, future public street reservations, public
right-of-ways, or for other public use;
(bl all infrastructure services or public works, including streets, water supply and distribution,
sanitary sewers, and storm drainage systems installed in the dedicated public areas of the
subdivision, which are normally owned and operated by Council.
(2) Before Council shall accept the transfer of lands, infrastructure services, or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets, services and public
works installed in the subdivision and certify his satisfaction with their installation.
(3) Council shall not provide maintenance for any street, service or public work in any subdivision
until such time as such street, service or public work has been transferred to and accepted by
Council.
95.
RESTRICTION ON SALE OF LOTS
The developer shall not develop or dispose of any lot within a subdivided area for the purposes of
development and no building permit shall be issued until Council is satisfied that:
(a) the lot can be served with satisfactory water supply and an approved sewage disposal
system; and
(b) safe and engineered access to a public street is provided for the lots.
96.
GROUPING OF BUILDINGS AND LANDSCAPING
(1) Each plan of subdivision shall make provision for the grouping of building types and for
landscaping in order to enhance the visual aspects of the completed development and to make
the most use of existing topography and vegetation.
(2) Building groupings, once approved by Council, shall not be changed without written application
to and subsequent approval of Council.
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97.
GROUNDWATER SUPPLY ASSESSMENT AND REPORTING
A groundwater assessment report shall be required to be completed and submitted by the subdivision
applicant to the Town as part of the subdivision approval process where a minimum sized subdivision is
to be serviced by individual wells. The Groundwater Assessment Report must be prepared in accordance
with the Department of Environment and Conservation's Groundwater Supply Assessment and
Reporting Guidelines for Subdivisions Serviced by Individual Private Wells. Requirements to complete a
Groundwater Assessment Report shall be based upon the following criterion:
(1) A groundwater assessment study will not be required for subdivisions less than five (5) lots, each
having a minimum 2,203m 2(1/2 acre) size, unless the area has documented drinking-water
quality and/or quantity problems.
(2) A proposed subdivision from five (5) to fifteen (15) lots will require a Level I assessment, as
defined in the Groundwater Supply Assessment and Reporting Guidelines.
(3) A proposed subdivision greater than fifteen (15) lots will require a Level II assessment, as
defined in the Groundwater Supply Assessment and Reporting Guidelines.
The following table shows the assessment requirements based on the number of lots:
Number of Lots
Level I Required
Level II Required
Number of Test W ells
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2-4
No (may be required*)
No
0
5-15
Yes
(may be required 0
)
(may be required*-)
16-30
Yes
Yes
1
31-45
Yes
Yes
2
46-60
Yes
Yes
3
61-75
Yes
Yes
4
75-90
Yes
Yes
5
91-105
Yes
Yes
6
* a Level I study and/ or a test well may be required if it has been determined that the location has a history of groundwater
quant ity/ quality issues.
** a Level II study and/or a test well may be required if it has been det ermined t hat the location has a history of
groundwat er quantity/quality issues.
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PART V - USE ZONES
98.
USE ZONES
(1) For the purpose of these Regulations, the Planning Area is divided into Use Zones which are
shown on the Zoning Map attached to and forming part of these Regulations.
(2) Subject to Regulation 98 (3), the permitted use classes, discretionary use classes, standards and
development requirements, and terms and conditions, applicable to each Use Zone are
identified in the Use Zone Tables in Schedule C of these Regulations.
{3) If ambiguity arises concerning the context, application or interpretation of the use, standards,
requirements and conditions applicable in a Use Zone, or where such specific information is not
included within the Use Zone Tables in Schedule C, Town staff, where necessary, shall interpret
the Use Zone Tables to address an inquiry based upon the intent of meaning within Schedules A,
B, C, D and E as applicable, and if such interpretat ion is not accepted, Town staff shall provide
the relevant background information and their interpretation in a recommendation for Town
Council. Council shall consider the findings and interpretation ofTown staff and render a final
decision and interpretation on the matter.
{4) Where there is a conflict between these Development Regulations and the NL Ministerial
Regulations, the Ministerial Regulations shall apply.
99.
MAP INTERPRETATION
(1) The boundaries of the Use Zones shown on the land use Zoning Maps are general only and,
except where they coincide with roads, shorelines, or other prominent physical features, are not
intended to define exact limits. No zoning amendment shall be required to allow minor
adjustments of the Use Zone boundaries. Other than such minor boundary adjustments, no
development shall be permitted that does not conform to the Use Zone delineated on t he land
use Zoning Map.
{2) Where a lot is divided into more than one zone on the land use Zoning Map, each such portion
of the lot shall be used in accordance with the zoning provisions of the applicable use zone
established in Schedule C of these Development Regulations. Where a zone boundary is shown
approximately at a lot line, it shall be deemed to be at the boundary of the lot line unless t he
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locat ion of the zone can be justified otherwise (such as a portion of a property running into a
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watershed boundary).
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100.
USE CLASSES
The specific uses included in each Use Class as identified in the Use Zone Tables in Schedule C shall be
determined in accordance with the definit ions of varied land use planning terms provided within
Schedule A, as well as reference where necessary to the classification of uses of land and buildings and
examples outlined in Schedule B.
101.
PERMITTED USES
Subject to these Regulations, the uses that fall within the Permitted Use Classes ident ified in the
appropriate Use Zone Table in Schedule C shall be permitted in that Use Zone.
102.
DISCRETIONARY USES
Subject to these Regulations, the uses that fall within the Discretionary Use Classes identified in t he
appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if Council is satisfied that
the development would not be contrary to the general intent and purpose of these Regulations, t he
Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and to the public interest,
and if Council has given notice of the application in accordance with Regulation 33 and has considered
any objections or representations which may have been received on the matter.
103.
USES NOT PERMITTED
Uses that do not fall within t he Permitted Use Classes or Discretionary Use Classes identified within the
appropriate Use Zone Tables in Schedule C shall generally not be permitted in that Use Zone, unless a
proposed use is very similar in meaning and intent with the listed permitted and discretionary uses. Use
zone interpretation issues shall be addressed through adherence to Regulation 98(3).
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SCHEDULE A - DEFINITIONS
The defined words of Schedule A are primarily intended to assist in the interpretation of specific terms
utilized within these Development Regulations. Other words are defined to provide for reader clarity
and additional land use understanding of planning terms and concepts supported by the Town for
managing future change within the community. In all instances, the definitions provided by the
Minister's Regulations of the NL Urban and Rural Planning Act (2000) shall take precedent over any
defined terms provided by Schedule A.
A
ACCESS: means a way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street.
ACCESSORY BUILDING:
i)
A detached subordinate building not used as a habitable dwelling, located on the same lot as the
main building to which it is an accessory and which has a use that is customarily incidental or
complementary to the main use of the building or land, and is typically not constructed until the
principal use building is erected;
ii) For residential uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses,
cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and
television antennae represent indicative accessory use buildings;
iii) For commercial uses, workshops, equipment and tools storage, or garages are representative
accessory use buildings; and,
iv) For industrial uses, garages, offices, equipment and tools storage, raised ramps and docks are
deemed to be accessory use structures and buildings.
ACCESSORY USE: means a use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use activity.
ACT: means the Urban and Rural Planning Act, 2000.
ADJACENT: means a property or land use having a common boundary with another property or land
use; has similar meaning as adjoining;
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ADVERTISEMENT: means any word, letter, model, sign, placard, board, notice, device or representation,
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whether illuminated or not, in the nature of and employed wholly or in part for the purposes of
advertisement, announcement or direct ion; excluding such things employed wholly as a memorial, or
functional advertisement of Councils, or other local authorities, public utilities and public transport
undertakers, and including any boarding or similar structure used or adapted for use for the display of
advertisements.
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AGRICULTURE: means an agricultural operation that is carried on for personal or commercial gain or
reward or in t he hope or expectation of gain or reward, and includes:
a)
the clearing, draining, irrigating, or cultivation of land;
b) the raising of livestock, including poultry;
c)
the raising of fur-bea ring animals;
d) the raising of bees;
e) the production of agricultural field crops;
f)
the production of fruit and vegetables and other specialty horticultural crops, including organic
crops;
g)
h)
i)
j)
k)
I)
the production of eggs and milk;
the operation of agricultural machinery and equipment, including irrigation pumps;
storage, use, or disposal of organic wastes for farm purposes;
the preparation of a farm product for distribution from the farm gate, including cleaning,
grading, and packaging;
the on-farm processing of farm products for the purpose of preparing farm products for
wholesale or retail consumption;
the operation of pick-your-own farms, roadside stands, farm produce stands, and tourist
operations as part of a farm operation; and
m) any other agricultural activity or process prescribed by Provincial regulation that is carried on for
gain or reward or in the hope or expectation of gain or reward.
AMUSEMENT USE: means the use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pinball games and slot
machine arcades and billiard and pool halls.
ANIMAL UNIT: means any one of the following animals or groups of animals:
a)
1 horse, cow, steer, bull, mule, donkey, bison, buffalo, pig, fox, or mink including offspring until
weaning
b) 3 llama or alpaca including offspring until weaning
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c)
6 sheep or goats including offspring until weaning
d) 10 ostriches, emus or fur bearing animals, excluding fox or mink, including offspring until
weaning
e)
20 hens, rabbits, chickens, turkeys, ducks or geese, or
f)
100 chicks.
ANTENNA: means a tower structure for transmitting and receiving signals for television, radio, mobile,
cellular, telephone, digital, satellite and other telecommunications services to varied users. Such
apparatus are intended to be sited and located on civic use and other building rooftops, on utility poles,
and where appropriate as stand-alone facilities, and as approved by Industry Canada.
APARTMENT BUILDING: means a building in accordance with the provincial Condominium Act, 2007,
containing three or more dwelling units where individual dwelling unit access is typically from a
common interior hallway and where an apartment building does not include a row dwelling.
APPEAL BOARD: The appropriate Appeal Board established under the Act.
APPLICANT: means a person who has applied to an authority for an approval or permit to carry out a
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development.
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APPURTENANCES: refer to architectural features added to the main body of a building, including
awnings, canopies, balconies, turrets, spires, dormers and chimneys.
ARTERIAL STREET: means a public street or road constituting a main traffic artery in the town.
ASSEMBLY: means a Use which provides for the gathering of persons for religious, funeral, charitable,
philanthropic, civic, cultural, artistic, recreational, child care, catering, service club, entertainment,
educational and similar community group and organizational purposes; includes concert halls, drive-in
theatres, libraries, museums, municipal government offices, churches, funeral homes, monasteries,
cultural and community centres and events, banquet halls, outdoor concerts, auditoriums, schools and
colleges, bus terminals, restaurants and lounges, day care centres, pool halls and amusement arcades,
arenas, swimming pools, exhibition grounds, and varied similar community facilities, functions, hubs and
events.
AUTO BODY REPAIR: represents a commercial use type of land for the repair, painting, fabrication and
detailing of the body of auto motor vehicles.
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AUTOMOTIVE REPAIR: means a commercial use of land for the repair and maintenance of motor
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vehicles; excludes occasional oil change and other minor repairs to motor vehicles by the owner/tenant
of a residential property on land where such an owner/tenant resides.
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B
BED AND BREAKFAST means an owner-occupied or owner-managed establishment providing up to six
(6) guest rooms of paid temporary accommodation for tourists or the t ravelling public. The
establishment may include a self-serving dining area for the use by overnight guests. Catered dining may
be considered on a limited-use basis. Ot her uses that may be considered under this definition include
hospitality home and inn.
BOARDING HOUSE RESIDENTIAL: means a boarding or lodging house or a bed and breakfast residence
in which at least 2 rooms are regularly rented to persons other than t he immediate family of the owner
or tenant.
BUILDING: means every structure, erection, alteration or improvement whatsoever placed on, over or
under land, or attached, anchored or moored to land, and includes mobile structures, vehicles and
marine vessels adapted or constructed for residential, commercial, indust rial and other like uses, and
any part of a building as so defined and any fixtures that form pa rt of a building. Building may also refer
to an excavation of land whether or not that excavation is associated with the intended or actual
construction of a building or structure previously referred to in this definition.
BUILDING HEIGHT: means, in relation to a building or structure, the vertical distance as measured in
metres from the established grade to the:
(i)
highest point of the roof surface of a flat roof;
(ii)
deck line of a mansard roof; and,
(iii)
mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in
any case, a building height shall not include mechanical structure, smokestacks, steeples and
purely ornamental structures above a roof.
BUILDING LINE: means a line established by an authority that runs parallel to a street line and is set at
the closest point to a street that a building may be placed.
BUFFER: means a neutral and preserved area of land that is generally undeveloped and is designed to
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separate and save from harm different adjacent land uses; the buffer area may be required to be
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enhanced with hard or soft landscaping improvements to provide for a more effective separation
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between adjacent land uses.
C
CAFE: means a small or inexpensive restaurant serving light or easily prepared meals, food and
refreshments.
CAMPGROUND: means an area and use of land, managed as a unit, for the temporary overnight
accommodation of the t raveling public in tents, camper vehicles, recreational vehicles, and/or any
combination of t hree (3) or more camps, t railers, or bunkhouse used on a short term or seasonal basis,
and where the accessory uses could include a campground administrative office for guest registrat ion,
clubhouse, snack bar, laundry, convenience store, swimming pool, washrooms, showers and
recreational facilities.
CAR WASH: means a commercial facility for washing, cleaning and detailing of automotive motor
vehicles.
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CEMETERY: means a facility or land area reserved and dedicated to the burial of the dead and includes a
crematorium, mausoleum, mortuary and related maintenance facility.
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CHILD CARE FACILITY: means a building or part of a building in which assembly services and act ivities are
regularly provided to children of pre-school age during the full daytime period as defined under the
Child Care Services Act, but does not include a school as defined by the Schools Act, 1997.
CHURCH: means a facility and amenity buildings that provide for the assembly of persons of any
religious denomination for religious, place of worship and charitable purposes.
CIVIC USE: means a use providing for public assembly functions, office and governance services by
federal, provincial and municipal governments, and also a school, college or library board, and may
include a municipal office, varied government department offices, libraries, museums and archives, art
galleries, courts of law, meeting rooms and associated community programs such as a food bank facility.
CLUB OR LODGE: means a building or structure used by a non-profit or private organization for fraternal,
social, meeting or recreational purposes.
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COASTAL FEATURE: means land adjoining or near the ocean that forms part of the coastal environment,
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including inter-tidal areas, beaches, beach banks, dunes, coastal marshes, coastal cliffs, rock platforms,
and rock crevices.
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COLLECTOR STREET: means a street or road that is designed to link local streets with arterial streets and
which is designated as a collector street in the Municipal Plan, or on the Zoning Map.
COMMERCIAL USE: means a use providing for the sale or rental of goods or services, for the provision of
personal and general services, or for the servicing and repair of goods and vehicles; without limiting the
generality of the foregoing, includes retail sales, convenience stores, gift/specialty and other shops,
department stores, shopping centres, offices, tourism facilities of hotels and motels, indoor and outdoor
markets, household and non-household services and repairs, and such similar commercial uses; excludes
an industrial use, agriculture, waste management, warehousing, and wholesale uses.
COMMERCIAL RESIDENTIAL: means any premises such as hotels and motels, hostels, tourist cottages
and residential clubs operated to provide sleeping accommodation to the traveling or recreating public
and includes services and facilities in connection with the accommodations.
COMPACT DEVELOPMENT: refers to a land use planning form of land and building development that
seeks to maximize economically efficient use of municipal services and infrastructure, and of the land
supply, through a denser and highly designed urban pattern of growth.
COMPLETE COMMUNITY: means a model of land use planning where a community becomes more
resilient and sustainable by increasingly providing for a wide variety of housing choices for local
residents, and by providing for increased opportunities to shop, to work, to attend school, recreate,
volunteer, attend community and cultural events and fully partake in ot her community events without
having to continually get into the automobile and drive to another community.
CONGREGATE CARE: means a care facility for senior and elderly residents where each resident has an
individual residential apartment, and where the principal congregate care building also provides for
common facilities for dining, recreation, social activities, and amenity uses such as woodworking rooms,
hairdressing services and nursing offices.
CONNECTOR: means a local street that carries traffic to adjoining local streets and collector streets.
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CONSERVATION: means a use of land that serves to protect, maintain, or improve an environmental
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resource or feature.
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CONSTRUCTION YARD: means an area used for the storage of const ruction materials, supplies,
equipment, tools, stockpiles of useable construction materials, and other items including temporary
storage containers, construction trailers, and temporary office trailers.
CONVENIENCE STORE: means a retail commercial establishment supplying groceries, sundries, and
other daily household necessities to the immediate surrounding area.
CORNER LOT: means a lot or parcel of land abutting upon two or more streets at their intersection or
upon two parts of the same street forming an interior angle of less than 135 degrees.
COUNCIL: means the Council of the Town of Portugal Cove-St. Philip's having jurisdiction of the Portugal
Cove-St. Philip's Municipal Plan and Development Regulations.
CULTURAL USE: means a local land use or activity that involves heritage, historic, artistic, musical,
customary, ethnic, and social expression of local values for economic, tourism, community, and
entertainment benefit and enjoyment.
D
DENSITY: means a measurement of the intensity of use or development on a lot which is typically
calculated as either lot coverage or the number of residential dwelling units per acre of land.
DEPARTMENT STORE: refers to a commercial business outlet that is customarily part of a larger regional
or national chain of multiple commercial retail stores, and may include clothing apparel sales, house
ware goods, hardware items, general merchandise, food and grocery, automotive accessories, furniture,
flooring, sporting goods, pharmacy, office supplies and similar varied retail items.
DEVELOPABLE AREA: means the area of a lot or property that may be built upon and developed, and
does not include any pond, river, stream, wetland, marsh, environmentally sensitive area, steep slopes,
protected archaeological sites and unstable soils, and other similar portions of the property.
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DEVELOPMENT: means the carrying out of building, engineering, mining or other operations in, on, over
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or under land, or the making of a material change in the use, or the intensity of use of land, buildings or
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premises and the:
a)
making of an access onto a highway, road or way,
b) erection of an advertisement or sign,
c)
construction of a building,
d) parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an office,
or for living accommodation,
and excludes the:
e) carrying out of works for the maintenance, improvement or other alteration of a building, being
works which affect only the interior of the building or which do not materially affect the external
appearance or use of the building,
f)
carrying out by a highway authority of works required for the maintenance or improvement of a
road, being works carried out on land within the boundaries of the road reservation,
g)
carrying out by a local authority or statutory undertakers of works for the purpose of inspecting,
repairing or renewing sewers, mains, pipes, cables or other apparatus, including t he breaking
open of street or other land for that purpose, and
h) use of a building or land within the courtyard of a dwelling house for a purpose incidental to the
enjoyment of the dwelling house as a dwelling.
DEVELOPMENT PERMIT: refers to an application to Council where consideration to authorize and allow
a land and/or building development to proceed in undertaken by Council, and where so authorized, the
Town outlines identifies conditions and requirements for the applicant to adhere to as part of the
Development Permit application approval.
DEVELOPMENT REGULATIONS: means land use regulations and by-laws respecting land use
management, and land and building development, that have been enacted by the relevant authority
under the Urban and Rural Planning Act (2000), and serve as a companion community planning
document to the Municipal Plan.
DIRECTOR: means the Director of Urban and Rural Planning.
DISCRETIONARY USE: means a use that is listed within the discretionary use classes established in the
use zone tables of an authority's Development Regulations, and where such use is considered for
approval by Council.
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DISTANCE: means the shortest separation, measured on a horizontal plane, between a lot line or street
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line and the nearest part of a building or structure.
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DOMESTIC ANIMALS: means dogs, cats, birds, hamsters, gerbils, guinea pigs, fish, rabbits or other
similar animals kept solely for the personal enjoyment and/or companionship of the resident of a
property.
DOUBLE DWELLING: means a building containing two residential dwelling units, placed side by side, but
does not include a self-contained dwelling containing a subsidiary apartment; a double dwelling is often
also referred t o as a duplex residential dwelling. A double dwelling requires appropriate land use zoning
to permit its use.
DRINKING ESTABLISHMENT: means a commercial operation, assembly hall, club, or lounge in which the
sale and consumption of liquor is licensed under the Liquor Control Act, and in which entertainment may
be provided.
DRIVEWAY: means a vehicular passageway connected to a public or private thoroughfare, and providing
ingress and egress from a lot.
DW ELLING UNIT: means a self-contained single residential unit that consists of one or more habitable
rooms that typically include a kitchen, a bathroom and sleeping room, where such rooms are used or
designed as the living quarters for one household, and that provides for only one cooking facility or
kitchen, and for the interpretation of the following use zones includes single dwellings in the form of a
constructed residential house and a modular home.
E
ENGINEER: means a professional engineer employed or retained by Town Council.
ESTABLISHED GRADE: means
i)
Where used in reference to a building, the average elevation of the finished surface of the
ground where it meets the exterior or the front of that building exclusive of any artificial
embankment or entrenchment, or
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ii) Where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure, exclusive of any artificial
embankment or entrenchment.
ENVIRONMENTALLY SENSITIVE AREA: means an area of land with significant ecological value that is
easily disrupted by human activity, and may include steep slopes, riparian areas, cliffs, springs, wet and
unstable soils, watercourses, water bodies and wetlands.
F
FENCE: means a constructed barrier that divides and separates property, and which may provide
privacy, security and protection: a fence is only to be constructed and installed in accordance with siting
and height requirements of the Development Regulations; except for an agricultural or farm use for
livestock and other similar animals, no fences within residential areas are to use barbed or razor wire
materials.
FISHERIES FACILITY: means an onshore facility located next to or in the vicinity of coastal waters for a
purpose related to commercial fishing or fish processing.
FISHERY USES: refer to traditional uses related to the fishing industry such as boat moorage, wharves,
docks, off loading facilities, boat repair, bait buildings, storage uses and similar supportive uses.
FLOOR AREA: means the total area of all floors in a building, measured to the outside face of exterior
walls. For the purposes of these Development Regulations, interpretation of floor area is not intended to
include the basement.
FORESTRY: means the general growing and harvesting of trees and, without limiting the generality of
the foregoing, shall include the domestic cutting of fuel wood and Christmas t rees, as well as
commercial forestry operations of cutting pulp wood, lumber, and other products.
FRONTAGE: means the horizontal distance between side lot lines measured at the building line.
FRONT YARD: means the distance between the front lot line of a lot and the front wall of the main
building on the lot.
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FULL-SERVICE RESTAURANT: means a building or part thereof where food is prepared and offered for
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retail sale to the public for immediate consumption either on or off the premises.
G
GARAGE: means a building erected for the storage of motor vehicles as an accessory use to a main
building on the lot.
GARDEN CENTRE: means the use of land, buildings, or structures or part thereof for the purpose of
buying or selling plants, lawn and garden equipment, furnishings, and supplies.
GENERAL GARAGE: means land or buildings used exclusively for repair, maintenance and storage of
motor vehicles and may include the sale of gasoline or diesel oil.
GENERAL INDUSTRY: means the use of land or buildings for the purpose of storing, assembling, altering,
repairing, manufacturing, fabricating, packing, canning, preparing, breaking up, demolishing, or treating
any article, commodity or substance. "Indust ry" shall be construed accordingly.
GENERAL SERVICE: means a shop for servicing, repairing, installing, or renting things and equipment,
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including but not limited to the following examples:
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a)
radio or television service or repair shops
b) locksmith shops
c)
small appliance service or repair shops
d) household and carpenter tool service or repair shops.
GRADE: means the finished level of the ground at the exterior walls of a building or structure. See also
the definition for Established Grade.
GREENHOUSE: means a building whose roof and sides are made largely of glass or other transparent or
translucent material for the cultivation of plants for subsequent sale, transplanting, or personal use.
GROUP HOME: means a dwelling accommodating up to but not more than six (6) persons exclusive of
staff in a home-like setting. Subject to the size limitat ion, this definition includes, but is not limited to
the facilities called "Group Homes", " Family and Group Homes" , and "Foster Homes".
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H
HAZARDOUS INDUSTRY: means the use of land or buildings for industrial purposes involving the use of
materials or processes which because of their inherent characteristics, constitute a special fire,
explosion, radiation or other hazard.
HEIGHT: generally means, in relation to a building or structure, the vertical distance as measured from
mean grade to the highest point on such building or structure. See also the definition for Building
Height.
HIGH WATER MARK: carries the same meaning and intent as Natural Boundary. Additionally the high
water mark or level of a water body is taken to be the 1:100 year return period water level. For a fresh
water body, this level includes water levels caused strictly by storm runoff or hydraulic effects of ice, or
both.
HISTORIC BUILDING: means a building designated by Council as being of historic importance, or of
cultural or heritage value. Within the traditional communities of both Portugal Cove and St. Philip's,
while not specifically designated as historic, Council views much of the existing dwellings, buildings and
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structures as possessing heritage design and character.
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HOBBY FARMING: means the pursuit of small-scale cultivation or production of plants and animals
especially for relaxation and is considered non-commercial as it is outside of one's regular occupation.
HOME OCCUPATION (HOME-BASED BUSINESS): means a small-scale business owned and operated in a
main residential dwelling by at least one of the owners of the dwelling or in an accessory building
located on the same lot as the main dwelling, and where the home based business is a secondary use to
the primary residential use of the dwelling.
HORSE BOARDING STABLE: means a building, structure, or premises used for the feeding, housing, and
exercising of horses for gain or profit.
HOUSEHOLD SIZE: refers to the average number of residents living within one residential dwelling unit
as determined by dividing the total population of Portugal Cove-St. Philip ' s by the total number of
residential dwelling units.
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IMPERVIOUS SURFACE: refers to any hard surfaced, man-made area t hat does not readily absorb or
retain water, including but not limited to roofs, parking and driveway areas, asphalt, cement or any
other hard and difficult to penetrate surface.
INFILL DEVELOPMENT: means economically efficient development or redevelopment of land occurring
following completion of the initial development of the area, and where such development typically
occurs on lands located within existing infrastructure serviced and built up areas.
INFRASTRUCTURE: for the purpose of these Development Regulations, refers to municipal and public
infrastructure services of roads, sanitary sewer, municipal water and storm water drainage works,
pumping and booster stations, pressure reducing facilities, solid waste treatment and similar municipal
and other provincial works and services.
INSPECTOR: means any person appointed and engaged as an Inspector by Council or by any federal or
provincial authority or the agent thereof.
KEEPING OF LIVESTOCK: means the raising, maintenance or use of livestock.
KENNEL: means a commercial use for any premises on which four (4) or more dogs over the age of six
(6) months are boarded, bred, trained, or cared for, and does not include a veterinary clinic.
KITCHEN: means, at a minimum, a portion of a dwelling unit containing a fridge, stove or other cooking
appliance, sink and lower and upper cabinets; each resident ial dwelling unit is to have a kitchen.
L
LAKE: means a body of water similar to a pond where for the purposes of these Development
Regulations are shown on 1:50,000 scale mapping on the Environmental Protection Map of Schedule E.
LAND: includes land covered and not covered by water, and buildings and structures on, over, or under
the soil and fixtures that form part of those buildings and structures.
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LANDSCAPED AREA: means a portion of a development site which is reserved and used to enhance the
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visual appearance of the property through the planting and required ongoing maintenance of a
combination of lawn, shrubs, flowering plants, trees, vegetative ground cover, and other horticultural
and/or architectural treatments and elements.
LIGHT INDUSTRY: means the use of any land or buildings for any general industrial use that can be
carried out without hazard or intrusion and without detriment to the amenity of the surrounding area
by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
LIVESTOCK: means any species of poultry, cattle, sheep, swine, goats, llamas, or horses, which are
normally been kept and raised on farms and used or intended for use as food or food related purposes,
or for riding {e.g. horses), or for improving animal nutrition, breeding or management if intended for use
for profit or otherwise.
LIVESTOCK FACILITY: means a building used or intended to be used to confine or house livestock or a
confined livestock area and includes a structure or area used or intended to be used to store manure.
LOCAL STREET: means a street designed primarily to provide access to adjoining land and which is not
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designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map.
LOT: means a plot, tract or parcel of land which can be considered as a unit of land for a particular use
or building.
LOT AREA: means the total horizontal area within the lot lines of the lot.
LOT, CORNER: means a lot having two or more adjacent sides fronting on two or more intersecting
roadways;
LOT COVERAGE: means the combined area of all buildings on the lot measured at the level of the lowest
floor above the established grade and expressed as a percentage of the total area of the lot.
LOT DEPTH: means the shortest distance within the lot between the front lot line and the rear lot line.
LOT FRONTAGE: means the front portion of a lot or property determined as the width between two side
lot lines measured at the building line of a lot, and which is intended to convey the width of the lot at
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street line that directly abuts and joins an adjacent public street or road. See also the definition for
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Frontage.
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LOT LINE: means a line forming a boundary of a property or parcel of land, and may either be a front,
rear or side lot line.
LOT LINE, FRONT: means the lot line that is common to a street and the lot, and in the case of a corner
lot, the shortest lot line facing the street shall be the front lot line.
LOT LINE, REAR: means the lot line that is opposite to the front lot line, and extends along the rear of
the lot or property.
LOT LINE, SIDE: means a lot line that is not the front or rear lot line, and that extends from the front lot
line at a street to the rear of the lot, and is common to an adjoining lot or street.
M
MARINE FACILITY: means a wharf or onshore facility located in the vicinity of coastal wat ers for a
purpose related to marine transportation or services.
MINERAL WORKING: means land or buildings used for the working or extraction of any naturally
occurring substance.
MINIMUM LOT SIZE: means the smallest area into which a property may be subdivided.
M IXED USE: means a land use zone with primary principal uses for single and double residential dwelling
units, conservation and recreational open space and containing varied commercial, industrial, assembly
and other discretionary uses.
MOBILE HOME: means a transportable factory built and assembled CSA 2240 approved trailer structure
on wheels intended for residential dwelling use. Mobile homes are not a permitted use as a residential
dwelling within these Development Regulations. Double wide mobile homes that are placed and set up
on a permanent poured concrete foundation, and approved for connection to utilities and
infrastructure, and provincial approvals where applicable, may be considered for residential use within
the Rural Residential Zone.
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MODULAR HOME: means a residential dwelling of a minimum 6.Sm (21.3 feet) width, constructed of
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finished sections of a complete dwelling that are factory built in accordance with CSA standards, and
intended for transport to a residential lot and after placement on a poured concrete foundation and
connected to infrastructure and utility services, as required and approved, is for use as a principal
residence as a single dwelling.
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MOTOR VEHICLE: means a motor vehicle defined by the Provincial Act related to automobiles and other
motor vehicles.
MUNCIPALITY: refers to the local government authority and also refers to the Town.
N
NATURAL BOUNDARY: refers to the visible high water mark of any pond, river, stream, wetland, marsh
or other body of water where the presence or action of water of the water are so common and usual,
and so long continued in all ordinary years as to mark upon the soil of the bed of the pond, river, stream,
wetland, marsh or other body of water, a character distinct from that of its banks, in respect of
vegetation, as well as in respect to the nature of the soil itself.
NEW STREET: A street that is newly-constructed at the time of development, and includes new
extensions to existing streets.
NON-CONFORMING USE: means a legally existing use that is not listed as a permitted or discret ionary
use for the use zone in which it is located or which does not meet the development standards for that
use zone.
NON-FARM USE: means a use of land on Town controlled designated agricultural lands such as a
residential single dwelling.
NOXIOUS USE: means a use of land or building which, from its nature or operation, creates a nuisance,
or is liable to become a nuisance, offensive or dangerous by the creation of noise or vibration, or by
reason of the emission of gas, fumes, dust, or objectionable odour, or by reason of the unsightly storage
of goods, wares, merchandise, salvage, refuse matter, waste, or other material.
NURSING HOME: means a special care facility or residence licensed under Provincial legislation, in which
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the proprietor supplies lodging primarily to seniors and elderly residents and in addition, may provide
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nursing, medical, or similar care and treatment. For the purpose of these Development Regulations, the
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meaning shall also include senior care facilities and homes, convalescent homes, homes for aged and
hospice facilities.
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0
OFF STREET PARKING: means an accessory use for a parking area which is designed to accommodate
motor vehicles associated with a permitted use on a lot. The front lawn and yard area of residential
dwelling units, with or without a subsidiary apartment, shall not be used for off street parking.
OPEN SPACE: means land set aside to protect and conserve natural areas. Open space may include
woodlands, fields, walking trails, and passive recreational facilities, but shall not include structures such
as buildings, tennis courts, parking lots, or other impervious land uses.
OWNER: means a person or an organization of persons owning or having the legal right to use the land
under consideration.
p
PARENT PARCEL: means the original parcel of land that was, or is proposed to be, the subject of a plan
of subdivision.
PARK: means an open space recreational area of land preserved for the ongoing active and passive
recreational needs of local residents, but excludes golf courses and environmentally sensitive areas.
PARKING LOT: means an open area of a property or site which is designed in accordance with the
standards established by the Development Regulations to accommodate the parking of motor vehicles
of clients, customers, employees, members, residents or tenants, and where such vehicles have a gross
vehicle weight of 4,500 kilograms (9,921 pounds) or less.
PARKING SPACE: means a space within a building or parking area on a property for the parking of one
motor vehicle, and where the dimensions of the parking space are defined by Regulation Sl(S)(a) of the
Development Regulations.
PASSIVE RECREATIONAL FACILITY: means a recreation activity that generally does not require a
developed site, and includes such uses as hiking, walking, and cross country ski trails, as well as outdoor
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interpretation services, but not including sports fields, structures, or development to accommodate off-
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road motorized vehicles.
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PERMANENT STRUCTURE: means a building or part thereof or any built structure which includes a
foundation or permanent base of earth, rock, concrete or other materials.
PERMITTED USE: means a use that is listed within the permitted use classes set out in the use zone
tables of these Development Regulations.
PERSONAL SERVICE: means a building or part thereof in which services are provided and administered
to the individual and personal needs of persons, and without limiting the generality of the foregoing,
includes barber shops, hairdressing establishments, beauty salons, workrooms for shoe repair and shoe
shining shops, bakery shops, and photographic studios.
PIT AND QUARRY WORKING: Carries the same meaning as M ineral Working.
PLACE OF WORSHIP: means a building commonly used for public worship by any religious organization
and may include a rectory or manse, place of worship hall, auditorium, day nursery or religious school
associated with, or accessory thereto.
PLANNING AREA: means that provincially designated land area of Portugal Cove-St. Philip's that has
been identified for land use management policies of the Municipal Plan and regulations of the
Development Regulations, and which corresponds to the Portugal Cove-St. Philip's municipal
boundaries.
POND FRONTAGE: means the horizontal distance between two side lot lines measured at their points of
intersection with the shoreline reservation or high water mark of the pond, whichever is greater.
PRINCIPAL BUILDING: means a building or structure containing the principal permitted use on a
property, where all portions of such building or structure share a common foundation, well and roof
structure.
PROHIBITED USE: means a use that is either not listed in a use zone within the permitted use classes or
within the discretionary use classes of the Development Regulations, or it means a use that an authority
specifies as not being permitted within a use zone.
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PUBLIC RIGHT-OF-WAY: means a route across private or Crown land that may be followed, but not
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deviated from, by members of the public. A public right-of-way may serve the same function as a public
street or road, but is not publicly-maintained. No new buildings for residential use shall be built on
property with only public right-of-way access unless alternative and appropriate access, as approved by
the Town Engineer and Town Council, and Provincial approvals as applicable, is provided
PUBLIC STREET OR ROAD: means a portion of land for the purpose of a street, road, or highway, which
has the following characteristics:
a) it is designed for the passage of vehicles and pedestrians and is accessible to fire trucks and
other emergency vehicles,
b) it includes all road related infrastructure, for example, the roadway itself, side ditches, culverts,
and bridges,
c)
its maintenance is the responsibility of Council or the Provincial Department responsible for
highways and roads maintenance.
PUBLIC USE: means lands that are designated to provide and serve for the assembly, civic, cultural,
spiritual, recreational, health care and educational needs of the community.
g
QUALIFIED CONSULTANT: means a registered and professionally designated individual who is trained to
provide an informed opinion on a particular land use development issue or development proposal for
parcel of land, through preparation and submission of a certified report with recommendations for
Council's consideration; such Qualified Consultant may be required to be engaged by a development
applicant or property owner as part of a Development Permit or other proposal application, and as a
requirement of Council's consideration of a land use, environmental, agricultural, geotechnical,
hydrological, architectural, civil or structural engineering, or similar matter.
R
REAR YARD DEPTH: means the distance located between the rear lot line and the rear wall of the main
building on the lot.
RECREATION FACILITY: means a building used for indoor sports activities and/or public assembly events.
RECREATIONAL OPEN SPACE: means a recreational use conducted outdoors that may be designed and
equipped for the conduct of sports and/or leisure activities, and may include a multi-use trail, nature
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interpretation centre, park, playground, outdoor skating rink, picnic area, playing field, tennis court,
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outdoor rink, or similar use.
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RECREATIONAL VEHICLE: means a vehicle designed as a temporary seasonal dwelling for travel,
recreational and vacation use, and which is either self-propelled or mount ed on, or pulled by another
vehicle, and includes a travel trailer, camping trailer, truck camper, motor home, fifth wheel trailer,
camper van, converted school bus and boat. A Recreational Vehicle is not permitted to be used as a
permanent dwelling unit within Portugal Cove - St. Philip's.
RECYCLING FACILITY: means the use of land for depositing, storing, separating, dismantling, salvaging,
treating, renovating, or redistributing, discarded materials, such as paper, glass, plastics, timber, metals,
manufacturing cut-offs, household goods and oils.
REMAINDER LOT: means the remaining area of a parent parcel of land that is being subdivided into one
or more lots.
RESIDENTIAL USE: means a dwelling unit use providing fop the accommodation and home life of a
person or persons as a family or not.
RESIDENTIAL INFILL: see Infill Development.
RESIDENTIAL, SEASONAL: means a residential use of one dwelling unit for temporary seasonal
accommodation in a smaller summer cabin or cottage structure, or hunting and fishing cabins, and sited
in detached non-urban rural locations, and not sited within a designated flood risk area or other
environmentally sensitive areas, and where such use is not intended as permanent living quarters.
RESIDENTIAL SUBDIVISION: means the development of subdivided land into two or more parcels for the
purpose of developing residential dwelling units.
RESTAURANT, FULL-SERVICE: means a building or part t hereof where food is prepared and offered for
retail sale to the public for immediate consumption either on or off the premises.
RESTAURANT, TAKE-OUT: means a building in which the primary purpose is the preparation and sale of
meals or refreshments for consumption off the premises.
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RESOURCE USE: means a use providing for the management and extraction of primary forest materials,
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and excludes all manufacturing and processing except preliminary grading.
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RETAIL: means a commercial use providing for the sale of tangible goods, wares, merchandise, materials
and other items where the customer can take away the purchased goods for their household or business
use, and includes grocery and department stores, hardware and general merchandise stores, pharmacy,
convenience, book and liquor stores, automotive parts, second hand stores and similar commercial
goods stores. Within this definition, retail use excludes restaurants, adult entertainment stores and
pawnshops.
ROW DWELLING: means three or more dwelling units at ground level in one building, each unit
separated vertically from the ot hers, and where very limited front fac;ade design attention has been
historically provided, and as a multi-dwelling housing form, row houses type of residential dwellings are
intended to be replaced with more highly designed townhouse residential uses.
RURAL: means the more detached and forested geographical areas of the Town that are not serviced
with sanitary sewer.
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SALVAGE YARD: means an industrial use of a building, warehouse, yard, or other premises where scrap
metal, motor vehicles, and vehicular parts are collected and are wrecked, crushed, demolished, sorted,
disassembled, repaired and resold.
SERVICE STATION: means an industrial use of any land or building for the sale of petroleum products,
automotive parts and accessories, and may also include accessory uses for minor repairs of motor
vehicles, washing and polishing of motor vehicles, and a convenience store.
SERVICE STREET: means a street constructed parallel to or in close proximity to a higher level collector
or arterial street for the purpose of limiting direct access to t he adjacent street.
SETBACK: means the horizontal minimum separation distance between a building or structure on a lot
and from a front, rear or side lot line, or also meaning the separation distance that is to be maintained
from development from the top of bank or high water mark of a watercourse, water body or from an
environmentally sensitive area.
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SHOP: means a building or part thereof used for retail trade wherein the primary purpose is the selling
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or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of retail
services but does not include an establishment wherein the primary purpose is the serving of meals or
refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE: means a group of shops and complementary commercial uses with an integrated
and landscaped designed parking lot and which is planned, developed and designed as a commercial
development site containing a minimum of 5 retail establishments.
SHOWROOM: means a building or part of a building in which samples or goods are displayed and in
which orders may be taken for goods, wares or merchandise, including motor vehicles and equipment,
for later delivery.
SIDE YARD DEPTH: means the distance between a side lot line and the nearest side wall of a building on
the lot .
SIGN : means a word, letter, model, placard, board, device or representation, whether illuminated or
not, in the nature of or employed wholly or in part for the purpose of advert isement, announcement or
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direction and excludes t hose things employed wholly as a memorial, advertisements of loca l
government, utilities and boarding or similar structures used for the display of advertisements.
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SLOPE: means the rate of vertical change of ground surface expressed as a percentage figure and
determined by dividing the vertical distance by the horizontal distance. Within Portugal Cove-St. Philip's,
where slopes exceed 25 % over a distance of 5 or more metres (16.4 feet), the slope shall be defined as
a steep slope where no buildings, structures, or placement or removal of fill will be generally permitted.
No development shall occur on any sloping lands that are designated as Restricted by the St. John's
Urban Region Regional Plan.
SLOPE, MINOR: means those steep slopes that cover less than a one hectare (2.47 acres) area size, and
where Council may consider, upon qualified consultant geotechnical review, grading of the land for such
development as infill residential proposals within the traditional community locations.
SMALL-SCALE AGRICULTURE: see Hobby Farming.
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STORAGE: is an accessory use and refers to the accumulation of goods and materials, and to the area
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where the goods and materials are kept. Storage is generally intended to be contained and enclosed
within a building, but where located outside, the storage is intended to be screened from public view.
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STREET: means a street, road or highway or any other way designed or intended for public use for the
passage of motor vehicles and pedestrians, and which is accessible by fire department and other
emergency vehicles, and is owned by the Authority or other public agency and maintained at public
expense.
STREET LINE: means the edge of a public street or road reservation as defined by Council having
jurisdiction.
STREETSCAPE: means the scene as may be observed along a public street, composed of natural and
man-made components including the front fa~ade of buildings, paved areas, landscaping and vegetative
plantings, street hardware, storage locations and miscellaneous structures.
SUBDIVISION OF LAND: means the process (and result) of dividing land, whether in single or joint
ownership, into two or more smaller pieces of land for the purpose of development.
SUBSIDIARY APARTMENT: means a separate residential dwelling unit with its own distinct access to the
outdoors that is typically constructed within a basement of a residential house, or above a commercial
unit, and is separated by a minimum firewall separation as defined by the National Building Code and
where the subsidiary apartment is secondary in use and floor area size to a single unit residential
dwelling or a commercial building. Council may also consider a subsidiary apartment for seniors in single
unit residential homes in the form of a granny suite that is built as an attachment to the main floor of
the principal single unit residential use building, and that includes a firewall separation between the two
dwelling units.
SUSTAINABLE DEVELOPMENT: means development that meets the needs of the present without
compromising the ability of future generations to meet their own needs, and considers the five pillars of
sustainability of environmental, economic, social, cultural and governance influences.
T
TAKE-OUT RESTAURANT: means a building in which the primary purpose is the preparation and sale of
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meals or refreshments for consumption off the premises.
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TOP OF BANK: means the point closest to the natural boundary of an environmentally sensitive area
where a break in the slope of land occurs such that the grade beyond the break is flatter than 3:1 at any
point for a minimum distance of 15 metres (49.2 feet) measured perpendicularly from the break.
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TOWN: means the Town of Portugal Cove-St. Philip's, including both Town Council and municipal staff.
TOWNHOUSE, RESIDENTIAL USE: means a highly designed and landscaped multi dwelling unit use that
consists of three or more dwelling units on a site or lot where the dwelling units may be attached or
detached in accordance with the provincial Condominium Act, 2007, and if attached, there shall be a
maximum of six dwelling units in one building; each dwelling unit within a townhouse residential use
shall have a private entrance and direct ground level access to the outside and to private outdoor open
space other than a balcony or sundeck; and where the front fa~ade of the townhouse shall have strong
individual unit design and architectural treatment to achieve a high design streetscape appearance of
the townhouse development, and where parking and other accessory building amenities are provided
within the rear area of the building area.
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USE: means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE: means an area of land including buildings and water designated on the zoning map
to which the uses, standards and conditions of a particular use zone table apply.
UTILITIES: refers to electrical transmission and distribution lines, fibre optic transmission and similar
utility corridor transmission services.
UTILITY EASEMENT: for the purpose of these Development Regulations, refers to an easement from all
utilities and municipal services and infrastructure.
V
VARIANCE: means a departure, to a maximum of 10% from the yard, area, lot coverage, setback, size,
height, frontage or any other numeric requirement of the applicable Use Zone Table of these
Development Regulations.
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VETERINARY CLINIC: means an establishment used by veterinarians, or practitioners in related
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specialties, for the purpose of practicing veterinary medicine and where animals are admitted for
examination or treatment, and where limited laboratory and other diagnostic services may be offered
on an outpatient basis, but excludes a kennel.
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WALKWAY: refers to a public access route for pedestrians or non-motorized vehicles, and which
typically provides access connection between two streets, or from a street to community open space
and recreational amenity or facility.
WAREHOUSE: means an industrial use where a building, structure or part thereof is used for the
storage, distribution and wholesaling of merchandise or large quantities of goods.
WATER BODY: refers to ponds, lakes and the ocean.
WATERCOURSE: means the full width and length, including the bed, banks, side and shoreline, or any
part, of a river, stream, spring, brook, reservoir, canal, or other natural or artificial channel open to the
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atmosphere, the primary function of which is the conveyance or containment of water, whether t he
flow is continuous or not.
WATERSHED: means the surface area contained within a divide above a specified point on a river,
stream, or creek or other flowing body of water.
WETLAND: means land that is inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support vegetation typically adapted for life in saturated soil conditions, and
includes swamps, marshes, bogs and estuaries; Wetlands are environmentally sensitive areas and are
predominantly non-developable except for uses such as cranberry production, as approved by
environmental and agricultural Departments of the Province of NL.
WIND TURBINE: means a wind turbine with a generator designed to extract kinetic energy from the
wind and supply it in the form of electrical energy that is suitable for use by the electrical grid. The
following are supplemental definitions related to wind turbines.
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Blade: means an element of a wind turbine, which acts as a part of an airfoil assembly, thereby
extracting through rotation, kinetic energy directly from the wind.
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Sub-station: means an electrical construction designed to collect and modify electrical energy
produced by the wind turbines for the purpose of supplying it to the local power grid.
Sweep Area: means the area that the blades of a wind turbine travel through during one
complete revolution.
Tower: means the tubular structure or metal grids, above grade, that supports the nacelle and
rotor assembly of a wind turbine.
Tower Foundation: means the tower support structure, below grade, that supports the entire
weight of the wind turbine. It shall also include any foundations or anchors used by supporting
guide wires.
Tower Height: means the height from grade to the highest vertical point of the tower, excluding
the wind turbine assembly or blades.
Tower Total Height: means the height from grade to the highest vertical point of the swept
rotor arc. In the case of a wind turbine with a horizontal axis rotor, the total height includes the
distance from grade to the rotor axis of rotation within the nacelle plus one-half the swept rotor
diameter.
Wind Turbine - Commercial: means one or more wind turbine and generator, which has a
collective energy rating of greater than 100 KW. Generated electricity is intended for use by the
owner/developer and may be connected to the local power distribution grid for the purpose of
selling surplus power. Wind turbine(s) shall include but not be limited to wind turbine
generators, operations and maintenance buildings and any other structures associated with the
development of wind power generated electricity.
Wind Turbine - Private: means a maximum of two wind turbines and generators, which have a
collective energy rating 100 KW or less and are used to supply or supplement the supply of
electricity to a private residence, business, other commercial uses, public, rural, mixed, open
space and recreational uses, as well to a municipal or other civic building or facility. The
electrical system may be connected to the local distribution power grid for the purpose of
selling surplus power.
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y
YARD: means, in relation to any building, structure, or use on a lot, that part of the lot between such
building, structure, or use and a lot line that is created by a setback.
z
ZERO LOT LINE: means a form of development where buildings are permitt ed to be located on one or
more lot lines with no yard and separation between the building and the lot line.
ZONE: means a defined area, including land or water, to which a uniform set of regulations pertaining to
uses, density, development standards, and terms and conditions of use apply.
ZONING MAP: means the land use zone map or maps that are attached to, and form a part of the
authority's Development Regulations, and is often referred to as the Land Use Zoning Map.
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SCHEDULE B - CLASSIFICATION OF USES OF LAND
AND BUILDINGS
NOTE: The classification of uses set out in the following table is based on the Classification of Typical
Occupancies included as Table 3 .1.2.A of the National Building Code of Canada 2005.
I
I
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY USES
1. Assembly Uses for the
(a) Theat re
Movie theatres
performing arts
Concert hall
2. General Assembly
(a) Cultural and Civic
Libraries
Uses
Museums
Art Galleries
Court Rooms
Meeting Rooms
Municipal Government Offices and
Buildings
(b) General Assembly
Community Halls
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowling Alleys
Service Clubs
(c) Educational
Schools
Colleges
(non- residential)
(d) Place of Worship
Churches and similar places of worship.
(e) Passenger
Assembly
(f) Club and Lodge
(g) Catering
(h) Funeral Home
(i) Child Care
Ul Amusement
3. Arena-type Uses
(a) Indoor Assembly
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Church Halls
Temples
Passenger Terminals
Private Clubs and
Lodges (non-residential)
Restaurants
Bars
Lounges
Funeral Homes and Chapels
Day Care Centres
Electronic Games
Arcades
Pinball Parlours
Poolrooms
Arenas
Multi-sports centres
Ice Rinks
Indoor Swimming Pools
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GROUP
A. ASSEMBLY USES
(cntd)
I
DIVISION
4. Open-air Assembly
Uses
CLASS
(a) Outdoor
Assembly
B. INSTITUTIONAL
1. Penal and Correctional
(a) Penal and
(CARE OR
Institutional Uses
Correctional
DETENTION) USES
Detention
C. RESIDENTIAL
USES
2. Special Care
(a) Medical
Institutional Uses
1. Residential Dwelling
Uses
2. General Residential
Uses
Treatment and
Special Care
(a) Single Dwelling
(b) Double Dwelling
(c) Multi Dwelling
(d) Apartment
Building
(a) Collective
Residential
(b) Boarding House
Residential
(c) Commercial
Residential
(d) Seasonal
Residential
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EXAMPLES
Bleachers
Grandstands
Outdoor Ice Rinks
Outdoor Swimming Pools
Amusement Parks
Fair-grounds
Exhibition Grounds
Drive-in Theatres
Jails
Penitentiaries
Prisons
Psychiatric
Reformatories
Children's Homes
Convalescent Homes
Homes for Aged
Seniors Care Facilities
Nursing home
Hospitals
Infirmaries
Orphanages
Psychiatric Hospitals
Sanatoria
Single Detached Dwellings
Modular Homes
Double-Wide Mobiles (Rural Res.)
Group Homes
Subsidiary Apartments (including Granny
Suites)
Semi-detached Dwellings
Double or duplex Dwellings
Group Homes
Town Houses
Apartments
Condominiums
Residential Colleges
University & College Halls
Convents & Monasteries
Nurses and Hospital Residences
Boarding Houses
Lodging Houses
Bed and Breakfast
Hotels & Motels
Hostels
Tourist Cottages
Residential Oubs
Summer Homes & Cabins
Hunting & Fishing Cabins
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GROUP
DIVISION
CLASS
(e) Mobile Homes
D. BUSINESS &
1. Business, Professional,
(a) Office
PERSONAL
and Personal Service Uses
SERVICE USES
(b) Medical &
Professional
(c) Personal Service
(d) General Service
(e) Communications
(f) Police Station
(g) Taxi Stand
(h) Take-out Food
Service
(i) Veterinary
E. MERCANTILE
1. Retail Sale and Display
(a) Shopping Centre
USES
Uses
(b) Shop
(c) Indoor Market
(d) Outdoor Market
(e) Convenience
Store
F. INDUSTRIAL
1. Industrial uses
(a) Hazardous
USES (HIGH,
involving highly
Industry
M EDIUM AND
combustible and
LOW HAZARD)
hazardous substances
and processes
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EXAMPLES
Mobile Homes
Offices (including business and
Government Offices)
Banks
Medical Offices and Consulting Rooms
Nursing Clinic
Dental Offices & Surgeries
Legal Offices
Similar Professional Offices
Barbers
Hairdressers
Beauty Parlours
Small Appliance Repairs
Health spa
Fitness gym
Tailor
Arts and crafts instruction
Self-service Laundries
Dry Cleaners
Tool and Appliance Rentals
Travel Agents
Radio Stations
Telephone Exchanges
Police Stations
Taxi Stands
Take-out Food Service
Veterinary Clinics
Shopping Centres
Retail Shops and Stores, Showrooms
Department Stores
Market Halls
Auction Halls
Market Grounds
Animal Markets
Produce Stands
Fish Stalls
Confectionary Stores
Corner Stores
Gift Shops
Specialty Shops
Bulk Storage of hazardous
liquids and substances.
Chemical Plants
Distilleries
Feed Mills
Lacquer, Paint, Varnish,
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GROUP
DIVISION
CLASS
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2. General Industrial
(a) General Industry
Uses
involving Limited
Hazardous Substances
and Processes
(b) Service
Station
3. Light, Non-hazardous
(a) Light
or Non-intrusive
Industry
Industrial Uses
G. NON-BUILDING
1. Uses not directly
(a) Agriculture
USES
related to building
(b) Forestry
(c) Mineral Working
(d) Recreational
Open Space
(e) Conservation
(f) Cemetery
(g) Scrap Yard
(h) Solid Waste
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EXAMPLES
and Rubber Factories
Spray Painting
Factories
Cold Storage Plants
Freight Depots
Fisheries Facilities
General Garages
Warehouses
Workshops
Laboratories
Laundries
Sawmills and planing mills
Printing Plants
Cont ractors' Yards
Gasoline Service Stations
Gas Bars
Light Industry
Parking Garages
Indoor Storage
Warehouses
Workshops
Commercial Farms
Hobby Farms
Market Gardens & Nurseries
Tree Nurseries
Silviculture
Harvesting
Pits and Quarries
Mines
Oil Wells
Sports Grounds
Parks
Playgrounds
Trails
Picnic areas
Interpretative Signage
Watersheds
Buffer Strips
Flood Plains
Steep Slopes
Wildlife Sanctuaries
Wetlands
Cemeteries
Graveyards
Car Wrecking Yards
Junk Yards
Scrap Dealers
Solid Waste Disposal
Sanitary Land Fill
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;
GROUP
DIVISION
CLASS
{i) Animal
Ul Antenna
(k) Transportation
(1) Fisheries
(m) Wind Turbine
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EXAMPLES
Incinerators
Animal Pounds
Kennels
Zoos
TV, Radio and Telecommunications
Transmitting and
Receiving Masts and Towers
Antenna
Airfields
Railway Yards
Marine facilities
Docks and Harbours
Wharves
Boat Moorage
Boat Repair
Off Loading Facilities
Bait Buildings
Fueling Depot
Storage
Supportive Facilities
Other Marine
Private Wind Turbine
Commercial Wind Turbine
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SCHEDULE C - USE ZONES
Schedule C of these Development Regulations represents key information to the zoning management of
land within Portugal Cove-St. Philip's. The eleven distinct land use zones that apply to land within the
Town's Planning Area are introduced, including their zone acronym symbols. General zoning provisions
that apply to all use zones are outlined, and each individual zone category is detailed for permitted and
discretionary uses, terms and conditions for use, and where specified, prohibited uses of land.
This aspect of the Development Regulations needs to be read in unison with t he Town's Zoning Map
that applies varied zone designations to property throughout the community. The overlay Schedule E:
Environmental Protection Map should additionally be referenced to identify any limitations to the zoned
use of land due to environmental limitations of water bodies, watercourses, steep slopes and other
sensitive features to development.
The varied land use zones that apply to the Town are listed as follows:
Zone
Zone Title
Symbol
Page
Residential Medium Density
RMD
93
Residential low Density
RLD
100
Residential Rural
RR
106
Residential Development Scheme Area
RDSA
111
Traditional Community
TC
113
Mixed Use
MIX
121
Public Use
PU
128
Recreation/Open Space
ROS
130
Protected Watershed
PW
132
Agriculture
AG
134
Rural
RUR
138
The following requirements, General Provisions for all Use Zones, commence the detailed requirements
for the varied land use zones.
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General Provisions for all Use Zones:
(1) Occupancy and Maintenance Requirements
All properties located within the Planning Area, including all land, buildings, structures, dwellings,
fences, sheds, garages, parking lots, driveways, landscaping and all appurtenances shall be
maintained in a state of good condition and repair, and as otherwise directed and ordered by Town
Council as the enforcement authority. Failure to maintain buildings and property may necessitate
remedial actions by the Municipality to address identified maintenance and occupancy issues on
private property.
(2) Uses Allowed
Each property shall be used for the permitted uses outlined within the land use zone that applies to
each property, and where approved by Council may utilize a discretionary use listed within the land
use zone. Terms and conditions shall also apply to the allowed uses of land.
(3) Principal Buildings Per Lot
Within single and double dwelling residential zones, only one principal building may be permitted on
a lot or property. Other use zones may allow more than one principal use building on a property but
such siting shall be regulated by site layout and requirements for setback to property lines, parking,
landscaping and buffers, environmental limitations, and other separation distance provisions.
(4) Accessory Use
An accessory building or structure may not be constructed on a lot prior to the establishment of the
principal building and use of the land on a property. A temporary permit may be considered by
Council for a building or structure to be placed on a property to house tools, equipment, serve as an
office, first aid station and lunch room for workers constructing the main building use on the
property. An accessory use building shall not be used for human habitation.
(5) Siting For Buildings on Vacant land lots under Condominium Act
Setbacks for buildings and structures in a bare land development under Part X of the NL
Condominium Act, 2007 shall be measured from the internal lot boundaries and buildings in
accordance with the setback requirements of the applicable zone.
(6) Minimum Residential Floor Area
(a) Any building to be erected and used for a single residential dwelling shall not contain less than
79.0 square metres (850.3 square feet) of finished floor area of the residential building.
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(b) Any building to be erected and used for a double dwelling residential use shall not contain less
than 60.0 metres (645.3 square feet) of finished floor area per dwelling unit.
(c) Any self-contained dwelling unit to be constructed as part of a larger Apartment or Townhouse
building, and used within a multi-unit development, shall not contain less than 47.0 square
metres (505.9 square feet) of finished floor area.
(7) Use of Mobile Homes and Trailers
No new building permits or occupancy permits to use or to occupy a mobile home or trailer as a
dwelling unit or as living or sleeping quarters shall be permitted within the planning area of the
Town. Double-Wide mobile homes that are to be placed on a permanent concrete foundation may
be considered as a discretionary use within the Rural Residential Zone. Modular Homes, as defined
by Schedule A, are allowed in all applicable zones as a permitted dwelling unit.
(8) Agriculture Buffer
(a) Development proposals within the 300.0 metre (984.2 feet) buffer area (refer to Regulation
45) established for confinement operations shall be assessed in consultation with the
Agriculture Division, Department of Natural Resources.
(b) Depending on the vegetation characteristics, topography, and other natural conditions of
the site, development may be limited to infilling on existing street frontages or to t he
rounding out of existing development.
(c) A seller of land within the agricultural buffer areas must issue a notice to prospective
purchasers concerning the existence and nature of existing and potential confinement
operations in the buffer area. Purchasers must acknowledge and agree to the presence of
confinement operations in writing to the Town.
(9) Complementary Yard Setbacks
To maintain the rural and neighbourhood character of the community, where a site development of
a higher density is to be sited adjacent to a lower density development with specific natural features
such as trees and vegetation on side lot lines, through the development permit approval
consideration process for the higher density use of land, additional landscaping and separation
buffers may be required between the side lot lines of the two land uses.
(10) Development with Pond Frontage
(a) Development shall be sited and landscaped to minimize the visual impact of buildings
viewed from the pond and from other land fronting on the pond. Council shall require
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landscaping to meet this aim. The required landscaping may include selective retention of
trees and shrubs between shoreline and buildings and appropriate planting.
(b) Council may require a plan of subdivision or a development application to be accompanied
by a professionally prepared landscape drawing or similar quality plan showing vegetation
to be retained, areas to be graded, and areas of planting, including plants to be used.
(c) Council may require a landscape deposit to ensure the approved landscape proposal is
carried out to its satisfaction.
(d) The front yard setback may be established anywhere upland from the pond setback
standard of 30.0 metres (98.4 feet) provided the on-site septic system is approved by
Services NL. The 30-metre buffer around the pond (refer to Schedule E) shall remain in place
to protect water quality. No further subdivision of this approved lot will be allowed whereby
a backlot situation may be created. Council will review each application based on its own
merits.
(11) East Coast Trails & Inland Community Trails
The East Coast Trail Association (ECTA) is developing a natural walking/hiking trail within the Town
along the coastline as part of a larger coastal trail system. Much of the East Coast Trail will be
protected through the thirty (30.0) metre (98.4 feet) coastal buffer established in Schedule E. This
buffer will help protect the natural landscape and views from the trail, and ensure that future
development does not negatively impact the trail.
Connections will also be encouraged between the East Coast Trail and the network of existing
community walking and hiking trails further inland to create a community-wide linear park system.
Where new developments intersect with existing or potential trails and trail connectors, as
identified on the Land Use Zoning Map, Council shall encourage trail access through and adjacent to
the development. Appropriate buffers will also be pursued to protect the Town's trails network.
Where trails pass through or near existing built up areas of the town, Council may seek to establish
narrower trail buffers. In the less developed or rural areas of the Town, Council may establish wider
trail buffers t hat will protect the natural character and integrity of the trail system.
(12) Environmental Protection
(a) All permitted and discretionary uses in the following use zones are subject to the terms and
conditions contained in Schedule E. The Terms and Conditions of Schedule E for a specific
property will supersede the requirements listed in each use zone of Schedule C.
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(bl Lot Frontage and Access on a Public Street or Road {refer to Regulation 47, Part II - General
Development Standards)
{cl Each newly created lot shall front onto a publicly-owned and maintained street and access
to the lot is to be obtainable from a publicly-maintained street, unless the subject lot has
such other access, such as an easement or right of way that is approved by Council on the
basis of terrain, geographical or other similar limitations to the lot access.
(13) New Streets
New streets, as referenced in the Use Zone development standards, include new extensions to
existing streets.
(14) Water and Sewer Services
(a) Municipal Services
On streets serviced with municipal water and/or sewer infrastructure services, no residential lot
or new dwelling will be approved that is not connected to these services.
{b) On-Site Services
In areas not accessible to municipal services (more than 500.0 metres {1,640.4 feet)):
i)
No residential lot, new dwelling or other new development will be approved that does
not have on the same lot a private drinking water source and sewage treatment system
that has received the necessary Provincial approvals and that meets the requirements
set out in the Town's Development Regulations; and,
ii) Private domestic water wells and sewage treatment systems serving two or more
homes located on separate lots will not be permitted.
(15) Wind Turbines - Private
Where permitted at the discretion of Council, the development of a private wind turbine {refer to
definition in Schedule A) shall conform to the site development standards and conditions outlined in
Regulation 71 of Part II - General Development Standards, as well as to conform to all additional
terms and conditions that may be required by Council pursuant to its approval consideration of the
private wind turbine on the basis of the specific site circumstances and neighbourhood character.
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The following discussion of the Development Regulations introduces and details the eleven distinct land
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use zones that apply to the Town's Planning Area.
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ZONE TITLE: RESIDENTIAL MEDIUM DENSITY (RMD)
RMD USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation 101)
Single Dwelling, Recreational Open Space, Conservation
(see Schedules A and B for definitions and examples of above Classes)
Discretionary Use Classes
(see Regulation 33 and 102)
Agriculture, Antenna, Apart ment Building, Boarding House Residential, Child Care (home occupations only),
Convenience Store, Double Dwelling, General Service (home occupations only), Group Home (in Single Dwelling),
Kennel(home occupations only), Light lndustry(home occupations only), Medical and Professional(home
occupations only), Medical Treatment and Special Care, Nursing Home, Office (home occupations only), Personal
Service(home occupations only), Places of Worship, Subsidiary Apartment, Take-out Food Service, Townhouse,
Private Wind Turbine
(see Schedules A and B for definitions ond examples of above Classes)
Also refer to Town of Portugal Cove-St. Philip's Municipal Plan 2014 -2024 Section 3.3: General Land
Use Policies and, Section 3.4.1: Resident ial.
RMD DEVELOPMENT STANDARDS
RMD Fully-Serviced Lots
(municipal water & municipal sewer)
STANDARDS
Single Dwellings
Multiple Dwellings
------
Apartment Buildings
Existing
Street s
New
Streets
Pond
Frontage
Double
Row
Dwelling
Dwelling
One
Bdrm
Two
Bdrm
Three
Bdrm
Four
Bdrm
M in. Lot Are;fm
2
)
470
690
3,000
390*
I M in. Floor Area (m2) I so
I so
I so
I so-
~
- Frontage (m)
15
23
30
13*
Min. Front Yard (m)
I 6
I 6
1 6
I 6
M ax. Front Yard (m)
32
32
30
32
Min. Side Yard (m)
I 2.s & 1 I 2.s
I 3
I 2.s
Min. Rear Yard (m)
9
9
9
9
M ax. Lot Coverage
1 33
1 33
133
1 33
(%)
M ax. Height (m)
10
10
10
10
* per unit
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350*
200
200
250
300
I 65*
I 40
I 40
I so
I 60
12*
36
6
I s
32
32
2.5
I s
9
14
33
1 33
10
10
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RMD Semi-Serviced Lots
RMD Semi-Serviced Lots
(municipal water and on-site sewer)
(on-site water AND municipal sewer)
STANDARDS
Single Dwellings
STANDARDS
Single Dwellings
Existing & New
Pond
Existing & New
Pond
Streets
Frontage
Streets
Frontage
Min. Lot Area (m2)
1,860
3,000
Min. lot Area (m2)
1,400
3,000
Min. Floor Area (m2)
80
80
Min. Floor Area (m
2
)
80
80
Min. Frontage (m)
23
30
Min. Frontage (m)
23
30
Min. Front Yard (ml
6
9
Min. Front Yard (m)
6
9
Max. Front Yard (m)
32
30
Max. Front Yard (m)
32
30
Min. Side Yard (m)
2.5
3
Min. Side Yard (m)
2.5
6
Min. Rear Yard (m)
9
9
Min. Rear Yard (m)
9
9
Max. Lot Coverage (%)
33
33
Max. lot Coverage(%)
33
33
Max. Height (m)
10
10
Max. Height (m)
10
10
RMD Un-Serviced lots
(on-site water AND on-site sewer)
STANDARDS
Single Dwellings
I Existing Streets
I New Streets
Pond Frontage
Min. lot Area (m1
1,860
4,000
8,000
'"
Min. Floor Area (m
2
)
I 80
I 80
80
Min. Frontage (m)
23
23
30
Min. Front Yard (m)
1 9
1 9
9
Max. Front Yard (m)
32
32
30
Min. Side Yard (m)
I 3
l 3
6
Min. Rear Yard (m)
9
9
9
Max. lot Coverage (%)
I 25
I 25
25
Max. Height (m)
-
10
10
10
Terms & Conditions
(1) Accessory Buildings (see also Regulation 39, Part II - General Development Standards)
Accessory Building Development Standards
Standards
Le.ss than l,860m2
Max. Floor Area
56m' or 9% of total lot
size (whichever is less)
Max. Height
4.0m
Min. Front Yard
9.0m
Min. Side Yard &
1.5m
Rear Yard
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Min. Distance from Anot her
Building
Min. Distance from a Utility
1.5m
Easement
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l ,86lm2 to 4,000m2
larger than 4,000m2
70m
2
94m
2
4.5m
5.0m
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(a) An accessory building shall be clearly incidental and secondary to a main building and shall
be complementary to the main building in character, use, style and exterior finish;
(b) An accessory building shall be contained on the same lot as the main building;
(c) No residential lot shall have more than one accessory building except as authorized by
Council;
(d) No truck, bus, semi-trailer, freight container, or other vehicle body shall be used as an
accessory building;
(e) An accessory building will be permitted only in the rear yard or side yard of the main
building except as otherwise authorized by Council;
(f) An accessory building will not occupy more than 50% of the available rear and side yard
areas of a lot;
(g) An accessory building on a residential lot shall not be used for non-residential purposes
unless otherwise authorized by Council;
(h) Except for minor vehicle maintenance, an accessory building shall not be used for the
repairing, painting, dismantling, or scrapping of vehicles or machinery for commercial
purposes; and
(i) Unless otherwise approved by Council, electrical services to an accessory building shall only
be provided through the same service as the main building.
(2) Agriculture
(a) Agriculture, if permitted as a Discretionary Use, will be limited to land use activities that
Council deems to be compatible with the adjacent neighbourhood and surrounding areas;
(b) The construction of new buildings for agricultural uses and the clearing of new cropland will
be limited to small-scale, non-commercial developments as determined by Council;
(c) The keeping of livestock, if permitted, will be limited to a maximum of two (2) animal units;
(d) The following development standards will apply to livestock facilities:
Livestock Facilities - RMD Development Standards
Animal Units (AU)
(a) One or less AU of rabbits, ducks,
chickens, turkeys and geese
~
Two or less AU of all species
Minimum Lot Size
4,000m
2
10,000m2
Minimum Setback from any Lot Line
18m
30m
Note: Refer to definition of Animal Unit {AU} in Schedule A
(1) Animal and Kennels
Animals, other than usual domestic household pets, are permitted as a discretionary use only and will be
limited to kennels and similar uses. Horses (maximum one) may be permitted as a pet, provided there
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are sufficient lands available for stable and exercising area. The establishment of a new kennel w ill be
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subject to the following:
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(a) It will be permitted only as a home occupation;
(b) It w ill be permitted only on a lot of one (1) hectare or more; and,
(c) It must adhere to such other terms and conditions established by Council aimed at minimizing or
mitigating potential noise, order or other impacts on neighbouring land uses.
(3) Boarding House Residential
A boarding house resident ial use, in the form of a bed and breakfast, boarding house or lodging house
operation, may be permitted as a discretionary use subject to the following:
(a) The use shall not detract from t he residential character of the neighbourhood in terms of height,
scale or exterior design;
{b) The use shall not result in increased traffic congestion in the area;
(c) One additional parking space shall be provided for each guest room on the lot;
(d) The maximum number of guest rooms shall be six (6);
(e) At Council's discret ion, a catered dining area, or other subsidiary use may be permitted,
provided the uses are clearly incidental and subsidiary to the approved use and t he hours of
operation are limited;
(f) Off-street parking for a catered dining facility shall provide one space for every three (3) persons
that may be accommodated at one time;
(g) No wholesale sales or storage of goods shall be carried out and any retail sales shall be
incidental to t he approved use;
(h) On-site advertisements shall be non-illuminated, with a maximum sign face area of 0.2m2 and,
shall meet all other requirements of Council in terms of shape and construction material; and,
(i) The establishment must be registered by Canada Select and approved by the Provincial
Department of Tourism, Culture and Recreation.
(4) Convenience Stores and Take-out Food Services
A convenience store or take-out food service permitted at Council's discretion will be subject to the
following conditions:
(a) The use may form part of, or be attached to, a self-contained single dwelling unit or stand on a
separate lot;
(b) The development standards for a freestanding convenience store or take-out food service on a
separate lot shall comply with the development standards established for a single dwelling in
this Zone with respect to lot area, lot w idth, front yard setback, side yard and rear yard widths,
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lot coverage and height. The floor area for a freestanding convenience store or take-out food
service shall not exceed 80m2;
(c) The use shall be subsidiary to the residential character of the area and shall not detract from the
residential amenities of adjoining properties;
(dl Provision for off-street parking must meet the parking standards specified in Schedule D;
(el In considering an application, Council will pay particular attention to site access and the effects
of the uses on traffic flow; and,
(fl A convenience store or take-out food service which is part of, or attached to, a single dwelling
shall not have a floor area exceeding twenty-five (25%) percent of the total floor area for that
dwelling.
(5) Home Occupations (Home-Based Businesses) - Child Care, General Service, Light Industry,
Medical and Professional, Nursing Home, Office, and Personal Service
The varied aforementioned uses that are included within the discretionary use class of this Zone may
only be permitted as home occupations. Such businesses may be operated in the dwelling by its
occupants, or in an accessory building subsidiary to the residence, subject to the following conditions:
(a) The use will be clearly subsidiary to the residential use and not detract from t he residential
character of the neighbourhood;
(b) The use will employ not more than three (3) persons on the premises, including people who
normally inhabit the premises;
(cl The use will occupy no more than twenty-five percent (25%l of the total floor area of the
dwelling unit, up to a maximum of forty-five square metres (4Sm2) ;
(d) The use will not use water or generate sewage in excess of what can be accommodated by the
existing water supply and sewage disposal system;
{e) No hazardous materials will be used;
{fl The activities will not cause noise, odours, fumes, electrical interference, or other unreasonable
nuisances that could significantly affect neighbouring properties;
(g) Sufficient off-street parking space will be available on the premises for the needs of employees
and clients, as set out in Schedule D;
{h) A child daycare service or nursing home use will be considered a home occupation only if it fully
conforms to Provincial legislation and is compatible with neighbouring uses and does not create
traffic safety concerns;
{i) The use will not include automobile repair, auto body repair, or automobile sales; and
Ul There shall be no open storage of materials, equipment or products.
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(6) Places of Worship
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Where permitted at the discretion of Council, a place of worship shall conform to the development
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standards for a single dwelling contained in this use zone, including: frontage, building line setback, side
yard, rear yard, lot coverage and height requirements.
(7) Townhouse Dwellings and Apartment Buildings
In areas zoned Residential Medium Density (RMD), there shall be not more than twenty percent (20%)
apartment units, townhouse residential units or a combination of apartment and townhouse units. The
remainder will be single dwellings, double dwellings or a combination of single and double dwellings.
Council shall monitor and control the clustering of multi-unit townhouse units and apartment buildings
to prevent a concentration of these housing types in any one area.
Council will pay particular attention to the location and siting of higher density residential townhouse
dwellings and apartment buildings. Preferred locations shall include those adjacent to major traffic
corridors, near public use and commercial facilities, and on large site area corner lots.
(8) Swimming Pool
A swimming pool shall be permitted as an accessory use, subject to the following:
(a) The swimming pool shall be located in the rear yard of a residential property;
(b) The swimming pool shall not encroach upon any easements;
(c) The swimming pool shall not be located under any overhead power lines;
(d) The swimming pool shall have a minimum setback of two (2) metres from any property
boundary; and,
(e) The area surrounding the swimming pool and pool deck must be fully enclosed by a fence
(approximately two metres in height) to prevent people, especially children, from unauthorized
access to the pool area.
(9) Subsidiary Apartments (see also Regulation 60, Part II - General Development Standards)
A subsidiary apartment, including in the form of a granny suite, will be considered subject to the
following:
(a) The subsidiary apartment will be clearly secondary to the single unit residential dwelling or a
permitted commercial use;
(b) Only one subsidiary apartment type will be permitted in a single unit residential dwelling or a
single commercial building;
(c) The subsidiary apartment will be completely self-contained, with facilities for cooking, sleeping
and bathing; and,
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(d) The subsidiary apartment will be limited in floor area size to a maximum of 35% of floor area
size of the single unit residential dwelling or the applicable commercial building.
(10)
Wind Turbines - Commercial
Commercial wind turbines shall not be permitted in the Residential Medium Density (RMD) zone.
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ZONE TITLE: RESIDENTIAL LOW DENSITY (RLD)
RLD USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation 101)
Single Dwelling, Recreational Open Space, Conservation
(see Schedules A and B for definitions and examples of above Classes
Discretionary Use Classes
(see Regulation 33 and 102)
Agriculture, Animal, Antenna, Boarding House Residential, Child Care(home occupations only), Convenience
Store, Double Dwelling, General Service(home occupations only), Group Home (with Single Dwelling) Light
lndustry(home occupations only), Kennel(home occupations only), Medical and Professional(home occupations
only), Medical Treatment and Special Care, Nursing Home, Office (home occupations only), Personal
Service(home occupations only), Places of Worship, Subsidiary Apartment, Take-out Food Service, Private Wind
Turbine
(see Schedules A and B for definitions and examples of above Classes)
Refer to Town of Portugal Cove-St. Philip's Municipal Plan 2014-2024 Section 3.3: General Land Use
Policies; and Section 3.4.1: Residential.
RLDDEVELOPMENTSTANDARDS
RLD Fully-Serviced Lots
(municipal water & municipal sewer)
STANDARDS
M in. Lot Area (m2)
M in. Floor Area (m
2
)
M in. Frontage (m)
Min. Front Yard (m)
Max. Front Yard (m)
M in. Side Yard (m)
M in. Rear Yard (m)
Max. Lot Coverage (%)
M ax. Height (m)
* per unit
Single Dwellings
Existing
Streets
690
80
23
9
32
2.5
9
25
10
New
Streets
1,400
80
23
9
32
3
9
25
10
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Pond
Frontage
3,000
80
30
9
30
6
9
25
10
Multiple Dwellings
Double
Dwelling
1,400*
80*
23*
9
32
3
9
25
10
100
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RLD Semi-Serviced Lots
(municipal water and on-site sewer OR municipal sewer and on-site wate r)
STANDARDS
Single Dwellings
Min. Lot Area (m
2
)
Min. Floor Area (m2)
Min. Frontage (m)
I Min. Front Yard (m)
Max. Front Yard (m)
Min. Side Yard (m)
I
Min. Rear Yard (m)
Max. Lot Coverage (%)
Max. Height (m)
RLD Un-Serviced Lots
(on-site water AND on-site sewer)
Existing Streets
1,860
80
30
9
32
3
9
25
10
STANDARDS
Sin gle Dwellings
Streets
0
New
3,00
80
30
9
32
3
9
25
10
-
Pond Frontage
-
8,000
-
80
45
·-
9
30
6
15
25
10
-
Exi sting Streets
New Streets
Pond Frontage
Min. Lot Area (m
2
)
Min. Floor Area (m2)
Min. Frontage (m)
Min. Front Yard (m)
Max. Front Yard (m)
Min. Side Yard (m)
Min. Rear Yard (m)
Max. Lot Coverage (%)
Max. Height (m)
Terms & Conditions
1,8
80
30
9
32
3
9
25
10
60
4,000
8,000
80
80
30
30
9
9
32
30
3
6
9
9
25
25
10
10
(1) Accessory Buildings (see also Regulation 39, Part II - General Development Standards)
Accessory Building Development Standards
Standards
Less than l,860m
2
Max. Floor Area
56m2or 9% of total lot size
(whichever is less)
Max. Height
Min. Front Yard
Min. Side Yard &
Rear Yard
4.0m
9.0m
l.Sm
Min. Distance from
3.0m
Another Building
Min. Distance from a
l.Sm
Utility Easement
l,86lm2to 4,000m
2
70m
2
4.Sm
larger than 4,000m
2
94m2
5.0m
(a) An accessory building sha ll be clearly incidental and secondary to main building and shall be
complementary to the main building in character, use, style and exterior finish;
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{b) An accessory building shall be contained on the same lot as the main building;
{c) No residential lot shall have more than one accessory building except as authorized by Council;
{d) No truck, bus, semi-trailer, freight container, or other vehicle body shall be used as an accessory
building;
{e) An accessory building will be permitted only in t he rear yard or side yard of the main building
except as otherwise authorized by Council;
(f) An accessory building will not occupy more than 50% of the available rear and side yard areas of
a lot;
{g) An accessory building on a residential lot shall not be used for non-residential purposes unless
otherwise authorized by Council;
(h) Except for minor vehicle maintenance, an accessory building shall not be used for the repairing,
painting, dismantling, or scrapping of vehicles or machinery for commercial purposes; and,
{i) Unless otherwise approved by Council, electrical services to an accessory building shall only be
provided through the same service as the main building.
(2) Agriculture
(a) Agriculture, if permitted as a Discretionary Use, will be limited to land use activities that Council
deems to be compatible with the adjacent neighbourhood and surrounding areas;
{b) The construction of new buildings for agricultural uses and the clearing of new cropland will be
limited to small-scale, non-commercial developments as determined by Council;
{c) The keeping of livestock, if permitted, will be limited to a maximum of two (2) animal units;
{d) The following development standards will apply to livestock facilities:
Livestock Facilities - RLD Development Standards
Animal Units (AU)
(a) One or less AU of rabbits, ducks,
chickens, turkeys and geese
(b) Two or less AU of all species
Minimum Lot Size
4,000m
2
10,000m2
Minimum Setback from any Lot Line
18m
30m
Note: See definition of Animal Unit (AU) in Schedule A
(3) Animal
Animals, other than usual domestic household pets, are permitted as a discretionary use only and will be
limited to kennels and similar uses. Horses (maximum one) may be permitted as a pet, provided there
are sufficient lands available for stable and exercising area. The establishment of a new kennel will be
subject to the following:
{a) It will be permitted only as a home occupation;
{b) It will be permitted only on a lot of one (1) hectare or more; and,
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{c) It must adhere to such other terms and conditions set by Council aimed at minimizing or
mitigating potential noise, order or other impacts on neighbouring land uses.
(4) Boarding House Residential
A boarding house residential use, in the form of a bed and breakfast, boarding house or lodging house
operation, may be permitted as a discretionary use subject to the following:
{a) The use shall not detract from the residential character of the neighbourhood in terms of height,
scale or exterior design;
{b) The use shall not result in increased traffic congestion in the area;
{c) One additional parking space shall be provided for each guest room on the lot;
{d) The maximum number of guest rooms shall be six {6);
{e) At Council's discretion, a catered dining area, or other subsidiary use may be permitted,
provided the uses are clearly incidental and subsidiary to the approved use and the hours of
operation are limited;
{f) Off-street parking for a catered dining facility shall provide one space for every three (3) persons
that may be accommodated at one time;
(g) No wholesale sales or st orage of goods shall be carried out and any retail sales shall be
incidental to the approved use;
(h) On-site advertisements shall be non-illuminated, with a maximum sign face area of 0.2m2 and,
shall meet all other requirements of Council in terms of shape and construction material; and,
(i) The establishment must be registered by Canada Select and approved by the Provincial
Department of Tourism, Culture and Recreation.
(5) Convenience Stores and Take-out Food Services
A convenience store or take-out food service permitted at Council's discretion will be subject to the
following conditions:
(a) The use may form part of, or be attached to, a self-contained dwelling unit or stand on a
separate lot;
{b) The development standards for a freestanding convenience store or take-out food service on a
separate lot shall comply with the development standards established for a single dwelling in
this Zone with respect to lot area, lot width, front yard setback, side yard and rear yard widths,
lot coverage and height. The floor area for a freestanding convenience store or take-out food
service shall not exceed 80m2;
(c) The use shall be subsidiary to the residential character of the area and shall not detract from the
residential amenities of adjoining properties;
(d) Provision for off-street parking must meet the parking standards specified in Schedule D;
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(e) In considering an application, Council will pay particular attention to site access and the effects
of the uses on traffic flow; and,
(f) A convenience store or take-out food service which is part of, or attached to, a single dwelling
shall not have a floor area exceeding twenty-five (25) percent of the total floor area for that
dwelling.
(6) Home Occupations (Home-Based Businesses) - Child Care, General Service, Light Industry, Medical
and Professional, Nursing Home and Personal Service
The varied aforementioned uses that are included within the discretionary use class of this Zone may
only be permitted as home occupations. Such businesses may be operat ed in the dwelling by its
occupants, or in an accessory building subsidiary to the residence, subject to the following conditions:
(a) The use will be clearly subsidiary to the residential use and not detract from the residential
character of the neighbourhood;
(b) The use will employ not more t han three (3) persons on the premises, including people who
normally inhabit the premises;
(c) The use will occupy no more than twenty-five percent (25%) of the total floor area of the
dwelling unit, up to a maximum of forty-five square metres (45m2);
(d) The use will not use water or generate sewage in excess of what can be accommodated by the
existing water supply and sewage disposal system;
(e) No hazardous materials will be used;
(f) The activit ies will not cause noise, odours, fumes, electrical interference, or other unreasonable
nuisances that could significantly affect neighbouring properties;
(g) Sufficient off-street parking space will be available on the premises for the needs of employees
and clients, as set out in Schedule D;
(h) A child daycare service and nursing home use will be considered a home occupation only if it
fully conforms to Provincial legislation and is compatible with neighbouring uses and does not
create traffic safety concerns;
(i) The use will not include automobile repair, auto body repair, or automobile sales; and
U) There shall be no open storage of materials, equipment or products.
(7) Places of Worship
Where permitted at the discretion of Council, a place of worship shall conform to the development
standards for a single dwelling contained in this use zone, including: frontage, building line setback, side
yard, rear yard, lot coverage and height requirements.
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(8) Swimming Pool
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A swimming pool shall be permitted as an accessory use, subject to the following:
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(a) The swimming pool shall be located in the rear yard of a residential property;
(b) The swimming pool shall not encroach upon any easements;
(c) The swimming pool shall not be located under any overhead power lines;
(d) The swimming pool shall have a minimum setback of two (2) metres from any property
boundary; and
(e) The area surrounding the swimming pool and pool deck must be fully enclosed by a fence
(approximately two metres in height) to prevent people, especially children, from unauthorized
access to the pool area.
(9) Subsidiary Apartments (see also Regulation 60, Part II - General Development Standards)
A subsidiary apartment will be permitted subject to the following:
(a) The subsidiary apartment will be clearly secondary to the single unit residential dwelling or a
permitted commercial use;
(b) Only one subsidiary apartment type will be permitted in a single unit residential dwelling or a
single commercial building;
(c) The subsidiary apartment will be completely self-contained, with facilities for cooking, sleeping
and bathing; and,
(d) The subsidiary apartment will be limited in floor area size to a maximum of 35% of floor area
size of the single unit residential dwelling or the applicable commercial building.
(10)
Wind Turbines - Commercial
Commercial wind turbines shall not be permitted in the Residential Low Density (RLD) zone.
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ZONE TITLE: RESIDENTIAL RURAL (RR)
RR USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation 101)
Single Dwelling, Recreational Open Space, Conservation
(see Schedules A and 8 for definitions and examples of above Classes)
Discretionary Use Classes
(see Regulation 33 and 102)
Agriculture, Animal, Antenna, Child Care(home occupations only), Convenience Store, Double Wide Mobile (on
permanent foundation), General Service (home occupations only),Group Home (with Single Dwelling) Medical and
Professional (home occupations only), Nursing Home (home occupation only), Kennel (home occupations also),
Office (home occupations only), Personal Service (home occupations only), Subsidiary Apartment, Take-out Food
Service, Private Wind Turbine
(see Schedules A and 8 for definitions and examples of above Classes)
Refer to Town of Portugal Cove-St. Philip's Municipal Plan 2014-2024 Sect ion 3.3: General Land Use
Policies; and Section 3.4.1: Residential.
RR DEVELOPMENT STANDARDS
RR Un-Serviced Lots
{on-site water & on-site sewer)
STANDARDS
M in. Lot Area (m2)
M in. Floor Area (m2)
Min. Frontage (m)
Min. Front Yard (m)
Max. Front Yard (m)
M in. Side Yard (m)
M in. Rear Yard (m)
Max. Lot Coverage (%)
Max. Height (m)
Single Dwelling
4,000
80
30
9
32
3
15
20
10
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8,000
80
30
15
30
6
15
20
10
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Terms & Conditions
{1} Accessory Buildings (see also Regulation 39, Part II - General Development Standards)
RR Accessory Building Development Standards
Standards
Less than 1,860m
2
Max. Floor Area
56m
2 or 9% of total lot size
(whichever is less)
Max. Height
4.0m
Min. Front Yard
Min. Side Yard &
Rear Yard
9.0m
1.Sm
Min. Distance from
3.0m
Another Building
Min. Distance from a
1.5m
Utility Easement
1,861m
2 to 4,000m
2
70m2
4.Sm
larger than 4,000m
2
94m2
5.0m
(a) An accessory building shall be clearly incidental and secondary to main building and shall be
complementary to the main building in character, use, style and exterior finish;
(b) An accessory building shall be contained on the same lot as the main building;
(c) No residential lot shall have more than one accessory building except as authorized by Council;
(d) No t ruck, bus, semi-trailer, freight container, or other vehicle body shall be used as an accessory
building;
(e) An accessory building will be permitted only in the rear yard or side yard of the main building
except as ot herwise authorized by Council;
(f) An accessory building will not occupy more t han 50% of the available rear and side yard areas of
a lot;
{g) An accessory building on a residential lot shall not be used for non-residential purposes unless
otherwise aut horized by Council;
{h) Except for minor vehicle maintenance, an accessory building shall not be used for t he repairing,
painting, dismantling, or scrapping of vehicles or machinery for commercial purposes; and
{i) Unless otherwise approved by Council, electrical services to an accessory building shall only be
provided through the same service as the main building.
{2) Agriculture
(a) Agriculture, if permitted as a Discretionary Use, will be limited to land use activities that Council
deems to be compatible with the adjacent neighbourhood and surrounding areas.
{b) The construction of new buildings for agricultural uses and the clearing of new cropland will be
limited to small-scale, non-commercial developments as determined by Council.
{c) The keeping of livestock, if permitted, will be limited to a maximum of two (2) animal units.
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(d) The following development standards will apply to livestock facilities:
Livestock Facilities - RR Development Standards
Animal Units (AU)
(a) One or less AU of rabbits, ducks,
chickens, turkeys and geese
(b) Two or less AU of all species
Minimum Lot Size
4,000m2
10,000m2
Minimum Setback from any Lot Line
18m
30m
Note: See definition of Animal Unit (AU} in Schedule A
(3) Animal
Animals, other than usual domestic household pets, are permitted as a discretionary use only and will be
limited to kennels and similar uses. Horses (maximum one) may be permitted as a pet, provided there
are sufficient lands available for stable and exercising area. The establishment of a new kennel will be
subject to the fol lowing:
(a) It will be permitted only as a home occupation;
(b) It will be permitted only on a lot of one (1) hectare or more; and
(c) It must adhere to such other terms and conditions set by Council aimed at minimizing or
mitigating pot ential noise, order or other impacts on neighbouring land uses.
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(4) Boarding House Residential
A boarding house residential use, in the form of a bed and breakfast, boarding house or lodging house
operation, may be permitted as a discretionary use subject to the following:
(a) The use shall not detract from the residential character of the neighbourhood in terms of height,
scale or exterior design;
(b) The use shall not result in increased traffic congestion in the area;
(c) One additional parking space shall be provided for each guest room on the lot;
(d) The maximum number of guest rooms shall be six (6);
(e) At Council's discretion, a catered dining area, or other subsidiary use may be permitted,
provided the uses are clearly incidental and subsidiary to the approved use and the hours of
operation are limited;
{f) Off-street parking for a catered dining facility shall provide one space for every three (3) persons
that may be accommodated at one time;
(g) No wholesale sales or storage of goods shall be carried out and any retail sales shall be
incidental to the approved use;
{h) On-site advertisements shall be non-illuminated, with a maximum sign face area of0.2m2and,
shall meet all other requirements of Council in terms of shape and construction material;
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(i) The establishment must be registered by Canada Select and approved by the Provincial
Department of Tourism, Culture and Recreation.
(S) Convenience Stores and Take-out Food Services
A convenience store or take-out food service permitted at Council's discretion will be subject to the
following conditions:
(a) The use may form part of, or be attached to, a self-contained dwelling unit or stand on a
separate lot;
(b) The development standards for a freestanding convenience store or take-out food service on a
separate lot shall comply with t he development standards established for a single dwelling in
this Zone with respect to lot area, lot width, front yard setback, side yard and rear yard widths,
lot coverage and height. The floor area for a freestanding convenience store or take-out food
service shall not exceed 80m2;
(c) The use shall be subsidiary to the residential character of the area and shall not detract from the
residential amenit ies of adjoining properties;
(d) Provision for off-street parking must meet the parking standards specified in Schedule D;
(e) In considering an application, Council will pay particular attention to site access and the effects
of the uses on traffic flow;
(f) A convenience store or take-out food service which is part of, or attached to, a single dwelling
shall not have a floor area exceeding twenty-five (25) percent of the total floor area for that
dwelling.
(6) Home Occupations (Home-Based Businesses) - Child Care, General Service, Medical and
Professional, Nursing Home, Office, and Personal Service
The varied aforementioned uses that fall within the discretionary use class of this Zone may be
permitted as home occupations. Such businesses may be operated in the dwelling by its occupants, or in
an accessory building subsidiary to the residence, subject to the following conditions:
(a) The use will be clearly subsidiary to the residential use and not detract from the residential
character of the neighbourhood;
(bl The use will employ not more than three (3) persons on the premises, including people who
normally inhabit t he premises;
(c) The use will occupy no more than twenty-five percent (25%) of the tota I floor area of the
dwelling unit, up to a maximum of forty-five square metres (4Sm2);
(d) The use will not use water or generate sewage in excess of what can be accommodated by the
existing water supply and sewage disposal system;
(e) No hazardous materials will be used;
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(f) The activities will not cause noise, odours, fumes, electrical interference, or other unreasonable
nuisances that could significantly affect neighbouring properties;
(g) Sufficient off-street parking space will be available on the premises for the needs of employees
and clients, as set out in Schedule D;
(h) A child daycare service and nursing home use will be considered a home occupation only if it
fully conforms to Provincial legislation and is compatible with neighbouring uses and does not
create traffic safet y concerns;
(i) The use will not include automobile repair, auto body repair, or automobile sales; and
U) There shall be no open storage of materials, equipment or products.
(7) Swimming Pool
A swimming pool shall be permitted as an accessory use, subject to the following:
(a) The swimming pool shall be located in the rear yard of a residential property;
(b) The swimming pool shall not encroach upon any easements;
(c) The swimming pool shall not be located under any overhead power lines;
(d) The swimming pool shall have a minimum setback of two (2) metres from any property
boundary; and
(e) The area surrounding the swimming pool and pool deck must be fully enclosed by a fence
(approximately two metres in height) to prevent people, especially children, from unauthorized
access to the pool area.
(8) Subsidiary Apartments (see also Regulation 60, Part II - General Development Standards)
A subsidiary apartment will be permitted subject to the following:
(a) The subsidiary apartment will be clearly secondary to the single unit residential dwelling or a
permitted commercial use;
(b) Only one subsidiary apartment type will be permitted in a single unit residential dwelling or a
single commercial building;
(c) The subsidiary apartment will be completely self-contained, with facilities for cooking, sleeping
and bathing; and,
(d) The subsidiary apartment will be limited in floor area size to a maximum of 35% of floor area
size of the single unit residential dwelling or the applicable commercial building.
(9) Wind Turbines - Commercial
Commercial wind turbines shall not be permitted in the Residential Rural (RR) zone.
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ZONE TITLE: RESIDENTIAL DEVELOPMENT SCHEME AREA
(RDSA)
RDSA USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation 101)
n/a
(see Schedules A and B for definitions and examples of above Classes)
Discretionary Use Classes
(see Regulation 33 and 102)
See Terms and Conditions
(see Schedules A and B for definitions and examples of above Classes) _____________ _.
Refer to Town of Portugal Cove-St. Philip's Municipal Plan 2014-2024 Section 3.3: General Land Use
Policies and Section 3.4.2: Development Scheme Areas.
Terms & Conditions
(1) Development Scheme and Rezoning Required Prior to Development
A. No development will be permitted in any area in the Residential Development Scheme Area
zone until:
i.
A development scheme for t he subject area is completed in line with Policy RDSA-1 of
the Municipal Plan and approved by Council, and
ii.
The area is rezoned through an amendment to these Development Regulations.
B.
The intended use of each of the affected Areas, as outlined in the Portugal Cove-St. Philip's
Municipal Plan, is as follows:
RDSA#
Locat ion
Intended Zone
RDSAl
Anglican Cemetery Road
RMD
RDSA2
Farm Road/Churchills Road
RMD/RLD
RDSA3
Carew Drive/Old Cart Road
RMD/RLD
RDSA4
Neary's Pond/Western Round Pond
RR
RDSAS Old Broad Cove Road West
RMD
RDSA6
Mitchell's Pond/Hugh's Pond
RLD/RR
RDSA7
Thorburn Road/Skinner's Road
RMD
RDSA8
St. Thomas Line
RMD
RDSA9
Tucker's Hill
RMD/ RLD/TC
RDSAlOVoisey's Brook Park
MIX/RMD/ RLD
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(2) Development Scheme Requirements
A development scheme will:
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(a) Include a detailed site plan that meets the requirements listed in Policy RDSA-1 and considers
for implementation the provisions of Policy RSDA-2 of the Municipal Plan;
(b) Adhere to all applicable Municipal Plan policies, General Development Regulations, and
standards and conditions of the proposed new zone for the area; and
(c) Be subject to a planning and engineering evaluation that will assess the feasibility of the
proposed development with respect to environmental impacts, storm drainage, traffic
circulation, the expected costs of future municipal servicing and infrastructure maintenance.
(3) Development Scheme Approval and Rezoning Amendment
(a) Council will consider approving a rezoning application for an ROSA area only if it deems the
proposed development scheme to be feasible and appropriate for the area;
(b) Council will prioritize development schemes that incorporate the principles of environmental
preservation and sustainable community design as listed in Policy RDSA-2 of the Municipal Plan;
(c) The development scheme will be reviewed by Council to determine conformity to the Municipal
Plan and Development Regulations;
(d) After the development scheme has been completed to Council's satisfaction, Council will initiate
a process to approve the Development Scheme through a rezoning amendment to the
Development Regulations;
(e) Prior to adopting the rezoning amendment, Council will give public notice in accordance with
the Urban and Rural Planning Act 2000, make t he development scheme available for public
viewing, and consider all comments and representations received; and
(f) Council will reserve the option to identify terms and conditions to the rezoning amendment to
ensure the area is developed in accordance with the development scheme, the objectives and
policies of the Municipal Plan, and any particular needs identified for the subject area. Council
will pay specific attention to the policies and requirements set out in Section 3.4.2 of the
Municipal Plan.
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ZONE TITLE: TRADITIONAL COMMUNITY (TC)
TC USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation 101)
Cultural and Civic, General Assembly, Place of Worship, Single Dwelling, Recreational Open Space, Conservation
(see Schedules A and B for definitions and examples of above Classes)
Discretionary Use Classes
(see Regulation 33 and 102)
Amusement, Boarding House Residential, Catering, Cemetery, Child Care(home occupations also), Club and
Lodge, Commercial Residential, Convenience Store, Double Dwelling, Educational, Fishery Uses, Funeral Home,
General Service (home occupations also), Group Home (with single dwelling), Indoor Assembly, Indoor Market,
Infill Residential, General Industry, Light Industry (home occupations also), Medical and Professional (home
occupations also), Nursing Home, Office(home occupations also), Outdoor Assembly, Outdoor Market,
Passenger Assembly, Personal Service(home occupations also), Retail, Shop, Subsidiary Apartment, Take-out
Food Service, Theatre, Transportation
(see Schedules A and B for definitions and examples of above Classe_s..:.) ____ ~-----------'
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Refer to Town of Portugal Cove-St . Philip's Municipal Plan 2014-2024 Section 3.3: General Land Use
Policies; and Section 3.4.3: Traditional Community.
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TC DEVELOPMENT STANDARDS
TC Fully-Serviced Lots
(municipal water & municipal sewer)
STANDARDS
Min. Lot Area (m2)
Min. Floor Area (m2)
Max. Floor Area (m2)
Min. Frontage (m)
Min. Front Yard (m)
Max. Front Yard (m)
Min. Side Yard (m)
Min. Rear Yard (m)
Max. Lot Coverage (%)
Max. Height (m)
* per unit
Single Dwelling
470
65
see Condition 3
15
6
32
1
9
33%
8
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390*
65*
20-
6
32
1
9
33%
8
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TC Semi-Serviced Lots
TC Semi-Serviced Lots
(municipal water and on-site sewer)
(on-site water and municipal sewer)
STANDARDS
Single
Double
STANDARDS
Single
Dwelling
Dwelling
Dwelling
Min. Lot Area (m2)
1,860
1,400*
Min. Lot Area (m2)
1,400
Min. Floor Area (m2)
65
GS-
Min. Floor Area (m2)
65
Max. Floor Area (m2)
see Condition 3
Max. Floor Area (m
2
)
see Condition 3
M in. Frontage (m)
23
23-
Min. Frontage (m)
23
Min. Front Yard (m)
6
6
Min. Front Yard (m)
6
Max. Front Yard (m)
32
32
Max. Front Yard (m)
32
Min. Side Yard (m)
1
1
Min. Side Yard (m)
1
Min. Rear Yard (m)
9
9
Min. Rear Yard (m)
9
Max. Lot Coverage
33%
33%
Max. lot Coverage
33%
(%)
(%)
Max. Height (m)
8
8
Max. Height (m)
8
- per unit
* per unit
TC Un-Serviced Lots
(on-site sewer and on-site water)
STANDARDS
Single Dwelling
Double Dwelling
Min. Lot Area (m2)
1,860
1,soo-
Min. Floor Area (m
2
)
65
55-
Max. Floor Area (m2)
see Condition 3
M in. Frontage (m)
30
30'"
M in. Front Yard (ml
6
6
Max. Front Yard (m)
32
32
M in. Side Yard (m)
1
1
M in. Rear Yard (m)
9
9
Max. Lot Coverage (%)
33%
33%
Max. Height (m)
8
8
- per unit
Terms & Conditions
(1) Accessory Buildings {see also Regulation 39, Part II - General Development Standards)
g Development Standards
TC Accessory Buildin
Standards
M ax. Floor Area
Max. Height
Min. Front Yard
Min. Side Yard &
Rear Yard
Min. Distance from
Another Building
Min. Distance from a
All Lots
no greater t han 7% of the total lot area (to a maximum of 56m
2
)
4.Sm
6.0m
l.Sm
3.0m
l.Sm
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Utility Easement
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Dwelling
1,400*
55-
23-
6
32
1
9
33%
8
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(a) An accessory building shall be clearly incidental and secondary to main building and shall be
complementary to the main building in character, use, style and exterior finish.
(b) An accessory building shall be contained on the same lot as the main building.
(c) No residential lot shall have more than one accessory building except as authorized by
Council.
(d) No truck, bus, semi-trailer, freight container, or other vehicle body shall be used as an
accessory building.
(e) An accessory building will be permitted only in the rear yard or side yard of the main
building except as otherwise authorized by Council.
(f) An accessory building will not occupy more than 50% of the available rear and side yard
areas of a lot.
(g) An accessory building on a residential lot shall not be used for non-residential purposes
unless otherwise authorized by Council.
(h) Except for minor vehicle maintenance, an accessory building shall not be used for the
repairing, painting, dismantling, or scrapping of vehicles or machinery for commercial
purposes.
(i) Unless otherwise approved by Council, electrical services to an accessory building shall only
be provided through the same service as the main building.
(2) Advertisements
2.1
Free-Standing Ground and Pylon Signs
A. A ground sign means a sign supported by one or more upright poles or braces
placed permanent ly on the ground;
B.
A pylon sign means a ground sign that is greater in height than 2.75 metres;
C.
One freestanding sign shall be permitted per lot. Additional freestanding signs
may be permitted at the discretion of Council;
D. A ground or pylon sign is subject to the following conditions:
(a) The sign will not impair the visual or aesthetic quality of the lot or area;
(b) The sign will not create an obstruction for vehicular traffic entering or exiting
the lot;
(c) The sign is processed in accordance with Part Ill of the General Regulations;
(d) The sign will have a maximum area of five (5) square metres.
2.2
Mobile Signs
A.
A mobile sign is an illuminated or non-illuminated sign mounted upon a trailer
chassis transported by towing attached to a motorized vehicle;
B. A mobile sign is subject to the following conditions:
(a) The sign must be equipped with retractable stabilizers and weighted down to
prevent turning over due to wind loading;
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(b) The trailer must be registered at the Motor Vehicle Registration Division of the
Department of Works, Services and Transportation and must be in compliance
with all regulations governing trailers;
(c) The maximum sign face area will be nine (9.0) square metres;
(d) The maximum overall height of a mobile sign from ground level will be three
(3.0) metres;
(e) A mobile sign must not encroach upon easements, right-of-ways or abutting
private properties;
(f) A mobile sign must not impair visibility of traffic or pedestrians.
2.3
Projecting Signs
2.4
A.
A projecting sign is a sign that attaches and is perpendicular to the principal fa~ade
of a building;
B. A projecting sign is subject to the following conditions:
(a) It will have a maximum vertical clearance beneath the sign to the ground of
three (3.0) metres;
(b) It will have a maximum overall projection from the building wall of two (2.0)
metres;
(c) It will not project above or below the fascia of the building.
Wall-Mounted Signs
A. A wall sign is a sign that attaches to and is parallel to any principal fa~ade of a
building.
B. A wall sign is subject to the following conditions:
(a) It will have a maximum width equal to 20% of the mean height of principal
fa~ade and a maximum length of 50% of the mean length of principal fa~ade.
(bl The sign is not to project above or below the fascia of the building.
(3) Building Size and Appearance
3.1 Dwellings
The ground area coverage of a new or expanding dwelling shall be no more than 20
percent larger than the average ground area coverage of all dwellings located within a
radius of 60.0 metres of the new or expanding dwelling.
Council may set terms and conditions on the design and appearance of a proposed
residential development to ensure compatibility with the character of the surrounding
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area. It may also reject proposals altogether if it feels the development will adversely
affect the area's heritage character in design appearance and architectural style.
3.2 Commercial and Public Buildings
The permitted floor area and building mass of a new or expanding commercial or public
building will be considered by Council on a case-by-case basis as an application is
submitted. In review of the proposal, Council may define terms and conditions to ensure
the proposed development complements, or is compatible with, the character of the
surrounding area. It may also reject proposals altogether if it feels the development will
adversely affect the area's heritage character in design appearance and architectural
style.
(4) Compatibility of Residential and Non-Residential Uses
Buffering will be required between non-residential and residential uses. Developers shall be required to
retain vegetation where possible and/or plant new vegetation within the buffer or erect a structural
barrier or other hard landscaping features to adequately separate the residential and non-residential
uses.
Outdoor storage will not be permitted in front yards unless it can be clearly demonstrated that such
storage is vital to the operation. Storage may be permitted in side yards (so long as maintenance and
access to on-site buildings are not impeded) and/or rear yards. Council may require fencing or other
forms of screening for storage areas. The following additional criteria will be included in a review of any
development proposal:
(a) Uses shall not be intrusive in terms of noise, odour and appearance; and
(b) Uses shall not result in traffic flow or parking problems for adjoining residents.
(5) General and Light Industrial Uses
General and light industrial uses of a traditional type and scale (e.g. related to fish harvesting, small-
scale fish processing, marine t ransportation and warehouses) may be considered and allowed at the
discretion of Council. Outdoor storage will not be permitted in front yards unless it can be clearly
demonstrated that such storage is vital to the operation. Storage may be permitted in side yards (where
access to and maintenance of on-site buildings is not impeded) and/or rear yards. Council may require
fencing or other forms of screening to avoid unsightly appearances.
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A minimum of ten (10.0) metres shall be required between general and light industrial uses and abutting
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residential uses. Vegetation and structural barriers may be required. The following additional criteria will
be included in a review of any development proposal:
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(a) Uses having close ties to traditional uses may be considered. For example, a marine-related
business such as a tour boat or scuba diving operation or a small food processing business;
(b) The use shall not be intrusive in terms of noise, odour and appearance;
(c) The use shall not result in increased traffic flow or parking problems in the community.
(6) Heritage Preservation
(a) It is a priority of Council to preserve heritage sites and buildings in the Traditional Community
(TC} zone;
(b) Council will consider a range of proposals for new and enhanced uses of historical sites and
buildings that will facilitate their preservation, and will pursue all available options to prevent
their demolition;
(c) Priority will be given to ensuring that new buildings proposed in the Traditional Community
Zone conform to t he character of the site and do not detract from historical buildings and land
use character.
(7) Home Occupations (Home-Based Businesses) - Child Care, General Service, Light Industry, M edical
and Professional, Nursing Home and Personal Service
The aforementioned uses that fall within the discretionary use class of this Zone may be permitted as
home occupations. Such businesses may be operated in the dwelling by its occupants, or in an accessory
building subsidiary to the residence, subject to the following conditions:
(a) The use will be clearly subsidiary to the residential use and not detract from the residential
character of the neighbourhood;
(b) The use will employ not more than three (3) persons on the premises, including people who
normally inhabit the premises;
(c) The use will occupy no more than twenty-five percent (25%) of the total floor area of the
dwelling unit, up to a maximum of forty-five square metres (45m2);
(d) The use will not use water or generate sewage in excess of what can be accommodated by the
existing water supply and sewage disposal system;
(e) No hazardous materials will be used;
(f) The activities will not cause noise, odours, fumes, electrical interference, or other unreasonable
nuisances that could significantly affect neighbouring properties;
(g) Sufficient off-street parking space will be available on the premises for the needs of employees
and clients, as set out in Schedule D;
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(h) A child daycare service and nursing home use will be considered a home occupation only if it
fully conforms to Provincial legislation and is compatible with neighbouring uses and does not
create traffic safety concerns;
(i) The use will not include automobile repair, auto body repair, or automobile sales; and
U) There shall be no open storage of materials, equipment or products.
(8) Non-Residential Development
A non-residential development permitted as a discretionary use will be subject to the following
conditions:
(a) Council may require special conditions to ensure it enhances, or does not detract from, the
architectural and landscape heritage of surrounding buildings and sites;
(b) It must meet the minimum development standards established for a single dwelling or such
higher standards as Council may require as terms and conditions in the review of individual
applications;
(c) It must be located and designed to minimize the impact of traffic, appearance, noise, odour,
lighting and signage on surrounding residential uses;
(d) It must be designed and maintained to a high standard with regard to safety, appearance, and
compatibility with surrounding land uses;
(e) It must provide for adequate off-street parking in accordance with Schedule D;
(f) Outdoor storage associated with the use will not be permitted in the front yard unless
adequately screened and otherwise authorized by Council. Storage may be permitted in side (so
long as access to and maintenance of the on-site buildings is not impeded) and rear yards
subject to terms and conditions aimed at reducing potential visual impacts on neighbouring
properties;
(g) A non-residential development may be required to establish spatial buffers and/or screening
(e.g. fencing) between the development and abutting residential uses;
(h) Permission to develop the non-residential use will be in accordance with a development permit
issued by Council; and
(i) No change in the type or scale of the use will be permitted except in accordance with the
development permit.
(9) Minor Steep Slopes - Infill Residential
For infill residential proposals that are in keeping with historic and heritage design and siting of the
traditional community character, Council may consider development proposals on minor steep slopes
that exceed twenty five percent (25%) over a distance of five (5.0) or more metres as detailed in
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Schedule E, and where such lands are not designated as Restricted on the St. John's Urban Region
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Regional Plan. Where Council considers such an infill residential application, the proposed development
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must meet all other terms and conditions of this use zone; must respect and minimize the impact on the
natural heritage of the traditional communities of Portugal Cove and St. Philip's in Broad Cove; must
meet all other requirements of these Development Regulations, as well as any necessary provincial
approvals, and may be required be submit a qualified geotechnical/ engineering consultant report in
support of the development proposal.
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This exception consideration only applies to residential infill development, as defined in Schedule A of
these Development Regulations, and does not include residential subdivision developments that would
require the mass removal of material from the development site.
(10)
Swimming Pool
A swimming pool shall be permitted as an accessory use, subject to the following:
(a) The swimming pool shall be located in the rear yard of a residential property;
(b) The swimming pool shall not encroach upon any easements;
(c) The swimming pool shall not be located under any overhead power lines;
(d) The swimming pool shall have a minimum setback of two (2.0) metres from any property
boundary; and
{e) The area surrounding the swimming pool and pool deck must be fully enclosed by a fence
{approximately two metres (2.0m) in height) to prevent people, especially children, from
unauthorized access to the pool area.
(11)
Subsidiary Apartments
A subsidiary apartment will be subject to the following:
{a) The subsidiary apartment will be clearly secondary to the single unit residential dwelling or a
permitted commercial use;
{b) Only one subsidiary apartment type will be permitted in a single unit residential dwelling or a
single commercial building;
{c) The subsidiary apartment will be completely self-contained, with facilities for cooking, sleeping
and bathing; and,
{d) The subsidiary apartment will be limited In floor area size to a maximum of 35% of floor area
size of the single unit residential dwelling or the applicable commercial building.
(12)
Wind Turbines - Private and Commercial
Private and commercial wind turbines shall not be permitted in the Traditional Community {TC) zone.
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ZONE TITLE: MIXED USE (MIX)
MIX USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation 101)
Double Dwelling, Single Dwelling, Recreational Open Space, Conservation
(see Schedules A and B for definitions and examples of above Classes)
Discretionary Use Classes
(see Regulation 33 and 102)
Amusement, Antenna, Boarding House Residential, catering, Cemetery, Child Care(home occupations also), Club
and Lodge, Commercial Residential, Convenience Store, Cultural and Civic, Double Dwelling, Educational,
Funeral Home, General Assembly, General Industry, General Service (home occupations also), Group Home
(with Single Dwelling) Indoor Assembly, Indoor Market, light Industry (home occupations also), Medical and
Professional (home occupations also), Medical Treatment and Special Care, Nursing Home, Office, Outdoor
Assembly, Outdoor Market, Passenger Assembly, Personal Service(home occupations also), Place of Worship,
Retail, Service Station, Shop, Subsidiary Apartment, Take-out Food Service, Theatre, Veterinary, Private Wind
Turbines
(see Schedules A and B for definitions and examples of above Classes)
Refer to Town of Portugal Cove-St. Philip's Municipal Plan 2014-2024, Section 3.3: General Land Use
Policies; and Section 3.4.4: Mixed Use.
MIX DEVELOPMENT STANDARDS
MIX Fully-Serviced Lots
(municipal water & municipal sewer)
STANDARDS
Min. lot Area (m
2
)
Min. Floor Area (m2)
M in. Frontage (m)
Min. Front Yard (m)
M ax. Front Yard (ml
Min. Side Yard (m)
Min. Rear Yard (m)
Max. lot Coverage (%)
Max. Height (ml
* per unit
Single Dwelling
470
65
15
6
32
2.5& 1
6
33%
10
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390*
65*
20-
6
32
2.5
6
33%
10
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MIX Semi-Serviced Lots
MIX Semi-Serviced Lots
(municipal water and on-site sewer)
(on-site water and municipal sewer)
STANDARDS
Single
Double
STANDARDS
Single
Dwelling
Dwelling
Dwelling
Min. Lot Area (m
2
)
1,860
1,400-
Min. Lot Area (m2)
1,400
Min. Floor Area (m2)
65
65'"
Min. Floor Area (m2)
65
Min. Frontage (m)
23
23-
Min. Frontage (m)
23
Min. Front Yard (m)
6
6
Min. Front Yard (m)
6
M ax. Front Yard (m)
32
32
Max. Front Yard (m)
32
Min. Side Yard (m)
1
1
Min. Side Yard (m)
1
Min. Rear Yard (m)
9
9
Min. Rear Yard (m)
9
Max. Lot Coverage
33%
33%
Max. lot Coverage
33%
(%)
(%)
Max. Height (m)
10
10
Max. Height (ml
10
- per unit
- per unit
MIX Un-Serviced Lots
(on-site sewer and on-site water)
STANDARDS
Single Dwelling
Double Dwelling
Min. Lot Area (m2)
1,860
1,soo-
Min. Floor Area (m2)
65
55-
Min. Frontage (m)
30
30-
Min. Front Yard (m)
6
6
Max. Front Yard (m)
32
32
Min. Side Yard (m)
1
1
Min. Rear Yard (ml
9
9
Max. Lot Coverage(%)
33%
33%
Max. Height (ml
10
10
- per unit
Terms & Conditions
(1) Accessory Buildings (see Regulation 39, Part II - General Development Standards)
MIX Accessory Building Development Standards
Standards
All Lots
Max. Floor Area
no greater t han 7% of the total lot area (to a maximum of 56m2)
Max. Height
4.Sm
Min. Front Yard
Min. Side Yard &
Rear Yard
l.Sm
Min. Distance from
3.0m
Another Building
Min. Distance from a
1.Sm
Utility Easement
6.0m
Double
Dwelling -
1,400*
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23- ·-
6
32
1
9
33%
10
(a) An accessory building shall be clearly incidental and secondary to the main building and shall be
complementary to the main building in character, use, style and exterior finish.
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(b) An accessory building shall be contained on the same lot as the main building.
(c) No residential lot shall have more than one accessory building except as authorized by Council.
(d) No truck, bus, semi-trailer, freight container, or other vehicle body shall be used as an accessory
building.
(e) An accessory building will be permitted only in the rear yard or side yard of the main building
except as otherwise authorized by Council.
(f) An accessory building will not occupy more than 50% of the available rear and side yard areas of
a lot.
(g) An accessory building on a residential lot shall not be used for non-residential purposes unless
otherwise authorized by Council.
(h) Except for minor vehicle maintenance, an accessory building shall not be used for the repairing,
painting, dismantling, or scrapping of vehicles or machinery for commercial purposes.
(i) Unless otherwise approved by Council, electrical services to an accessory building shall only be
provided through the same service as the main building.
(2) Advertisements
2.1
Free-Standing Ground and Pylon Signs
A. A ground sign means a sign supported by one or more upright poles or braces
placed permanently on the ground;
B.
A pylon sign means a ground sign that is greater in height than 2.75 metres;
C.
One freestanding sign shall be permitted per lot. Additional freestanding signs may
be permitted at the discretion of Council;
D. A ground or pylon sign is subject to the following conditions:
(a) The sign will not impair the visual or aesthetic quality of the lot or area;
(b) The sign will not create an obstruction for vehicular t raffic entering or
(c) exiting the lot;
(d) The sign is processed in accordance with Part Ill of the General Regulations;
(e) The sign will have a maximum area of five (5.0) square metres.
2.2
Mobile Signs
A. A mobile sign is an illuminated or non-illuminated sign mounted upon a trailer
chassis transported by towing attached to a motorized vehicle;
B.
A mobile sign is subject to the following conditions:
(a) The sign must be equipped with retractable stabilizers and weighted down to
prevent turning over due to wind loading;
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(b) The trailer must be registered at the Motor Vehicle Registration Division of the
Department of Works, Services and Transportation and must be in compliance
with all regulations governing t railers;
(c) The maximum sign face area will be nine (9.0) square metres;
(d) The maximum overall height of a mobile sign from ground level will be
(e) three (3.0) metres;
(f) A mobile sign must not encroach upon easements, right-of-ways or abutting
private properties;
(g) A mobile sign must not impair visibility of traffic or pedestrians.
2.3
Projecting Signs
A. A projecting sign is a sign that attaches and is perpendicular to the principal fa~ade
of a building;
8. A projecting sign is subject to the following conditions:
(a) It will have a maximum vertical clearance beneath the sign to the ground of
three (3.0) metres;
(b) It will have a maximum overall projection from the building wall of two (2.0)
metres;
(c) It will not project above or below the fascia of the building.
2.4
Wall-Mounted Signs
A. A wall sign is a sign that attaches to and is parallel to any principal fa~ade of a
building.
8. A wall sign is subject to the following conditions:
(a) It will have a maximum width equal to 20% of the mean height of principal
fa~ade and a maximum length of 50% of the mean length of principal fa~ade.
(b) The sign is not to project above or below the fascia of the building.
(3) Compatibility of Residential and Non-Residential Uses
Buffering will be required between non-residential and residential uses. Developers shall be required to
retain vegetation where possible and/or plant new vegetation within the buffer or erect a structural
barrier or other hard landscaping features to adequately separate the residential and non-residential
uses.
Outdoor storage will not be permitted in front yards unless it can be clearly demonstrated that such
storage is vital to the operation. Storage may be permitted in side yards and/or rear yards. Council may
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require fencing or other forms of screening for storage areas. The following additional criteria will be
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included in a review of any development proposal:
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(a) Uses shall not be intrusive in terms of noise, odour and appearance; and
(b) Uses shall not result in traffic flow or parking problems for adjoining residents.
(4) Home Occupations (Home-Based Businesses) - Child Care, General Service, light Industry, Medical
and Professional, Nursing Home and Personal Service
The aforementioned uses that fall within the discretionary use class of this Zone may be permitted as
home occupations. Such businesses may be operated in the dwelling by its occupants, or in an accessory
building subsidiary to the residence, subject to the following conditions:
(a) The use will be clearly subsidiary to the residential use and not detract from the residential
character of the neighbourhood;
(b) The use will employ not more than three (3) persons on the premises, including people who
normally inhabit the premises;
(c) The use will occupy no more than twenty-five percent (25%) of the total floor area of the
dwelling unit, up to a maximum of forty-five square metres (4Sm2);
(d) The use will not use water or generate sewage in excess of what can be accommodated by the
existing water supply and sewage disposal system;
(e) No hazardous materials will be used;
(f) The activities will not cause noise, odours, fumes, electrical interference, or other unreasonable
nuisances that could significantly affect neighbouring properties;
(g) Sufficient off-street parking space will be available on the premises for the needs of employees
and clients, as set out in Schedule D;
(h) A child daycare service and nursing home use will be considered a home occupation only if it
fully conforms to Provincial legislation and is compatible with neighbouring uses and does not
create traffic safety concerns;
(i) The use will not include automobile repair, auto body repair, or automobile sales; and
(j) There shall be no open storage of materials, equipment or products.
(S} Non-Residential Development
A non-residential development permitted as a discretionary use will be subject to the following
conditions:
(a) Council may require special conditions to ensure it enhances, or does not det ract from, the
neighbourhood residential character of surrounding homes and properties;
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(b) It must meet the minimum development standards established for a non-residential use or such
higher standards as Council may require in the review of individual proposals and in the context
of the existing residential neighbourhood;
(c) It must be located and designed to minimize the impact of traffic, appearance, noise, odour,
lighting and signage on surrounding residential uses;
(d) It must be designed and maintained to a high standard with regard to safety, building design,
landscaping, site layout appearance, and compatibility with surrounding land uses;
(e) It must provide for adequate off-street parking in accordance with Schedule D;
(f) Outdoor storage associated with the use will not be permitted in the front yard unless otherwise
authorized by Council in the review consideration of individual applications. Storage may be
permitted in side and rear yards subject to terms and conditions aimed at reducing potential
visual impacts on neighbouring properties and from public view of passing motorists;
(g) A non-residential development may be required to establish significant spatial buffers and/or
screening (e.g. fencing) between the development and abutting residential uses;
(h) Permission to develop the non-residential use will be in accordance with a development permit
issued by Council; and
(i) No change in the type or scale of the use will be permitted except in accordance with the
development permit.
(6) Swimming Pool
A swimming pool shall be permitted as an accessory use, subject to the following:
(a) The swimming pool shall be located in the rear yard of a residential property;
(b) The swimming pool shall not encroach upon any easements;
(c) The swimming pool shall not be located under any overhead power lines;
(d) The swimming pool shall have a minimum setback of two (2.0) metres from any property
boundary; and
(e) The area surrounding the swimming pool and pool deck must be fully enclosed by a fence
(approximately two (2.0) metres in height) to prevent people, especially children, from
unauthorized access to the pool area.
(7) Subsidiary Apartments
A subsidiary apartment will be subject to the following:
(a) The subsidiary apartment will be clearly secondary to the single unit residential dwelling or a
permitted commercial use;
(b) Only one subsidiary apartment type will be permitted in a single unit residential dwelling or a
single commercial building;
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(c) The subsidiary apartment will be completely self-contained, with facilities for cooking, sleeping
and bathing; and,
(d) The subsidiary apartment will be limited in floor area size to a maximum of 35% of floor area
size of the single unit residential dwelling or the applicable commercial building.
(8) Wind Turbines
Commercial wind turbines shall not be permitted in the Mixed Use (MIX) zone.
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ZONE TITLE: PUBLIC USE (PU)
PU USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation 101)
Conservation, Cultural and Civic, Educational, General Assembly, Medical Treatment and Special Care, Place of
Worship, Recreational Open Space
(see Schedules A and 8 for definitions and examples of above Classes)
Discretionary Use Classes
(see Regulation 33 and 102)
Cemetery, Child Care, Oub and Lodge (lodges only), Funeral Home, Indoor Assembly, Outdoor Assembly, Private
Wind Turbine
(see Schedules A and 8 for definitions and examples of above Classes)
Refer to Town of Portugal Cove-St. Philip's Municipal Plan 2014-2024 Section 3.3: General Land Use
Policies; and, Section 3.4.5: Public Use.
PU DEVELOPMENT STANDARDS
STANDARDS
Min. Front Yard (m)
Max. Front Yard (m)
Min. Side Yard (m)
Min. Rear Yard (ml
Max. Lot Coverage {%)
Max. Height (m)
Terms & Conditions
(1) Development Criteria
All Uses
9
32
5
10
40%
15
A development will be subject to the following criteria:
(a) It must meet the minimum development standards or such higher standards as Council may
require in the review of individual application submissions in the context of the proposed use
and proposed site location;
{b) It must be located and designed to minimize the impact of traffic, noise, lighting, and signage on
surrounding residential uses. Where necessary, Council may require screening through the
provision of trees, shrubs, berms, landscaping, or fencing;
(c) It must be designed and maintained to a high standards with regard to safety, site design and
building appearance, and compatibility with surrounding land uses;
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(d) It must provide for adequate off-street parking in accordance wit h Schedule D;
(e) Permission to develop will be in accordance with a development permit issued by Council; and
(f) No change in the type or scale of the use will be permitted except in accordance with the
development permit.
(2) Wind Turbines - Commercial
Commercial wind turbines shall not be permitted in the Public Use (PU) zone.
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ZONE TITLE: RECREATIONAL OPEN SPACE (ROS)
ROS USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation 101)
Conservation, Recreational Open Space
(see Schedules A and 8 for definitions and examples of above Classes)
Discretionary Use Classes
(see Regulation 33 and 102}
Antenna, Catering, General Assembly, Indoor Assembly, Outdoor Assembly, Take-out Food Service, Private Wind Turbine
(see Schedules A and B for definitions and example~
ove Classes)
Refer to Town of Portugal Cove-St. Philip's Municipal Plan 2014-2024 Section 3.3: General Land Use
Policies; and Section 3.4.6: Recreation Use.
ROS DEVELOPMENT STANDARDS
STANDARDS
All Uses
Min. Front Yard (m)
10
Max. Front Yard (m)
32
M in. Side Yard (m)
s
M in. Rear Yard (m)
10
Max. Height (m)
15
Terms & Conditions
(1) Development Criteria
A development will be subject to the following criteria:
(a) It must meet the minimum development standards or such higher standards as Council may
require;
(b) It must be located and designed to minimize the impact of t raffic, noise, lighting, and signage on
surrounding residential uses. Where necessary, Council may require screening through the
provision of trees, shrubs, berms, landscaping, or fencing;
(c) It must be designed and maintained to a high standards with regard to safety, appearance, and
compatibility with surrounding land uses;
(d) It must provide for adequate off-street parking in accordance with Schedule D;
(e) Permission to develop will be in accordance with a development permit issued by Council; and,
(f) No change in the type or scale of the use will be permitted except in accordance with the
development permit.
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(2) Site Layout and Buffering
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Council will ensure that the proposed developments will not adversely affect the natural and scenic
quality of surrounding areas by requiring appropriate site layout, buffering, screening and landscaping.
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(3) Wind Turbines - Commercial
Commercial wind turbines shall not be permitted in the Recreational Open Space (ROS) zone.
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ZONE TITLE: PROTECTED WATERSHED (PW)
PW USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation 101)
Conservation
(see Schedules A and 8 for definition and examples of above doss)
Discretionary Use Classes
(see Regulation 33 and 102)
Antenna, Forestry, Recreational Open Space
(see Schedules A and 8 for definitions and examples of above Classes)
Refer to Town of Portugal Cove-St. Philip's Municipal Plan 2014-2024, Section 3.3: General Land Use
Policies; and Section 3.4.7: Protected Watershed.
Terms & Conditions
(1) Development Approval
No development activity shall be undertaken within the designated protected watershed areas without
the approval firstly of the Department of Environment and Conservation and then, by Council. Where
the Windsor Lake Protected Water Supply Area falls within the Town's boundary, no development
activity shall be undertaken without additionally the referral for comment and receipt of approval from
the City of St. John's as authority for this watershed. Where the Great Pond Potential Water Supply Area
falls within the Town's boundary, no development activity shall be undertaken without the referral to
and approval of the Town ofTorbay.
(2) Forestry
A forestry use which may be considered to be permitted as a discretionary use upon review by the
applicable referral municipalities, the Province and by Council, will be limited to activities that are
approved and receive applicable permits by external agencies and are deemed to be environmentally
acceptable with relation to potential impacts on the existing or proposed municipal drinking water
supplies.
(3) Recreational Open Space
A recreational open space use, which may be permitted as a discretionary use by Council, will generally
be limited to passive recreational development such as hiking trails, picnic areas, lookout platforms or
interpretative displays. External agencies will be consulted for any recreational open space proposal for
comment, potential requirement considerations and endorsement.
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(4) Wind Turbines
Commercial and private wind turbines shall not be permitted in the Protected Watershed {PW) zone.
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ZONE TITLE: AGRICULTURE (AG)
AG USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation 101)
Agriculture, Conservation
{see Schedules A and B for definition and examples of above Class)
Discretionary Use Classes
(see Regulation 33 and 102)
Animal, Antenna, Forestry, Outdoor Market, Mineral Working, Recreational Open Space, Single Dwelling (only on
Town controlled lands), Private and Commercial Wind Turbines
{see Schedules A and 8 for definition and examples of above Class)
Refer to Town of Portugal Cove-St. Philip's Municipal Plan 2014-2024 Section 3.3: General Land Use
Policies; and Section 3.4.8: Agriculture.
Terms & Conditions
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(1) Agricultural Lands
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Within the Town of Portugal Cove-St. Philip's Planning Area, designated and zoned agricultural lands
include Agricultural Development Areas (ADA) managed by the Province, and non-ADA agricultural lands
controlled by the Town. All proposed development on such lands shall occur in the following manner:
(a) All proposed development for Agricultural Development Area lands shall be referred to the
Province.
(b) Council shall review and consider proposed development for Town controlled agricultural lands.
(2) Buffer Areas
(a) Depending on the vegetation characteristics, topography, and other natural conditions of the
site, potential discretionary use consideration of single dwelling development on Town
controlled agricultural lands shall be limited to infilling on existing street frontages and to the
rounding out of existing development within the existing neighbourhood;
(b) A seller of land within the agricultural buffer areas must issue a notice to prospective purchasers
concerning the existence and nature of existing and potential confinement operations in the
buffer area.
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(3) Development Criteria
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A development, where approved, will be subject to the following criteria:
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(a) It must meet the terms and conditions of the zone, and the minimum development standards
applicable to the use;
(b) It must be located and designed to minimize the impact on existing agricultural uses, and effects
of traffic, noise, lighting, and signage on surrounding residential uses. Where necessary, Council
may require screening and varied landscape treatments through the provision of trees, shrubs,
berms, or fencing;
(c) It must be designed and maintained to a high standards with regard to safety, appearance, and
compatibility with surrounding land uses;
(d) It must provide for adequate off-street parking in accordance with Schedule D;
(e) Permission to develop will be in accordance with an approval received from the Province for
ADA lands and a development permit issued by Council, and approval of Council for non-ADA
lands; and
(f) No change in the type or scale of the use will be permitted except in accordance with the
development permit.
(4) Minimum Distance Separations for Commercial Livestock Facilities
(a) New development and expansions of livestock facilities, including intensive poultry operations,
located near residential and other non-agricultural uses will be subject to the minimum
separation distance requirements specified in Regulation 45 of these Development Regulations;
(b) New development and expansions of residential and other non-agricultural uses located near
livestock facilities will be subject to the minimum separation distance requirements specified in
Regulation 45 of the Development Regulations.
(5) Single Dwellings
A. Agricultural Development Areas
(a) No single residential dwelling shall be permitted on Agricultural Development Area lands
unless the proposal for the single dwelling has been approved by the Land Development
Authority under the St. John's Urban Region Agriculture Development Area and provided for
within the Town's Municipal Plan and Development Regulations.
B. Dwellings Subsidiary to a Main Use
At Council's discretion, a single dwelling may be permitted on Town controlled agricultural lands
as a subsidiary use to a commercial agricultural operation, horse boarding stable, or kennel,
subject to the following:
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(al It is clearly demonstrated to Council that the operation is a bona fide farm, horse boarding,
or commercial kennel operation from which the owner derives a major portion of his or her
income,
(bl It is clearly demonstrated to Council that full-time habitation on the site is necessary for the
successful operation of the agricultural operation, horse boarding stable, or kennel, and
(cl The dwelling must have a minimum floor area of 65m2 and a minimum building line setback
of 10.0 metres.
C.
Dwellings not Subsidiary to a Main Use
At Council's discretion, a single dwelling, unrelated to a commercial agricultural operation, horse
boarding stable, or kennel, may be permitted on Town controlled lands:
(al Only if Council is satisfied that it will not have an adverse impact on existing agricultural
operations or future agricultural development of the surrounding area,
(bl Only if the proposed lot fronts directly on an existing public street, and
(cl Only if it meets the same standards for single dwellings as specified for the Residential Rural
zone.
(6) Small livestock Facilities - Lot Size and Setback
A. No new livestock facility, planned to accommodate ten animal units or less, shall be developed
except in accordance with the following lot and setback standards:
Small livestock Facilities
AG Development Standards
Animal Units (AU)
(a) one (1) or less AU rabbit s, ducks, chickens, turkeys and
geese
(b) two (2) or less AU of all species other than in (a)
(c) > two (2) t o four (4) AU of all species
(d) > four (4) to six (6) AU of all species
(e) > six (6) to eight (8) AU of all species
(f) > eight (8) to t en (10) AU of all species
Note: see definition of Animal Unit (AU) in Schedule A
M inimum Lot Size
0.4 hectares
1 hectare
2 hectares
3 hectares
4 hectares
s hectares
M inimum Setback from all
Lot lines
18m
30m
som
70m
85m
100m
See Regulation 45 for development standards of livestock facilities containing more than ten (10) AU
(7) W ind Turbines - Private and Commercial
Where permitted at the discretion of Council, the development of a private and/or a commercial wind
turbine (see definition in Schedule A) shall meet applicable Federal and Provincial regulatory
requirements, in particular those applying to safety and environmental concerns, and to Regulation 71
of these Development Regulations, as well as to all potential additional terms and conditions that may
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be required by Council upon their review of a proposal, and upon evaluation of the site and
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neighbourhood character and nearby existing land uses, as part of discretionary use approval
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consideration.
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(8) Forestry
A forestry use, which may be considered to be permitted as a discretionary use upon review by the
Province and by Council, will be limited to activities that are approved and receive applicable permits by
external agencies and are deemed to be environmentally acceptable with relation to potential impacts
on the existing agricultural operations
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ZONE TITLE: RURAL (RUR)
RUR USE CLASSIFICATIONS
Permitted Use Classes
(see Regulation 101)
Agriculture, Conservation, Forestry, Recreational Open Space
(see Schedules A and B for definition and examples of above Class)
Discretionary Use Classes
(see Regulation 33 and 102)
Animal, Antenna, Cemetery, Commercial Residential (tourist cottage only), General Industry (resource-based
only), Light Industry (resource-based only), Mineral Working, Outdoor Assembly, Single Dwelling, Veterinary,
Private and Commercial Wind Turbines
(see Schedules A and B for definition and examples of above Class)
Refer to Town of Portugal Cove-St. Philip's Municipal Plan 2014-2024, Section 3.3: General Land Use
Policies; and Section 3.4.9: Rural.
Terms & Conditions
(1) Animal
The establishment of a new kennel in the RUR zone will be subject to the following:
(a) It will be permitted only on a lot of one (1.0) hectare or more; and
(b) It must adhere to such other terms and conditions set by Council aimed at minimizing or
mitigating potential noise or other impacts on neighbouring land uses.
(2) Development Criteria
A development will be subject to the following criteria:
(a) It must meet the terms and conditions of the zone and adhere to the minimum development
standards for the proposed use;
(b) It must be located and designed to minimize the impact of t raffic, noise, dust, lighting, and
signage on surrounding rural uses. Where necessary, Council may require screening through the
retention and provision of trees, shrubs, berms, landscaping, or fencing, and for resource uses,
potential limitation on hours of operation;
(c) It must be designed and maintained to a high standard with regard to environmental impacts,
safety, appearance, and compatibility with surrounding land uses;
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{d) Permission to develop will be in accordance with a development permit issued by Council; and
{e) No change in the type or scale of the use will be permitted except in accordance with a
development permit.
(3) M ineral Working Uses
3.1
Mineral Working Sites
A mineral working use will be subject to the following, unless otherwise required by the
Department of Environment and Conservation of Province of NL and authorized by Council:
{a) No new mineral working operation will be developed without the required approvals from
the Province of NL and a development permit issued by Council. The development,
operation, termination, and rehabilitation of the mineral working site will only be carried
out in accordance with terms and conditions specified in the development permit. The
development permit will be revoked if the operator does not comply with the terms and
conditions of the development permit;
(b) No extraction will take place in a wetland;
{c) No extraction will take place within 50.0 metres of high water mark of a watercourse or
wetland;
(d) No extraction will take place within 50.0 metres of a public street or highway;
{e) No extraction will take place within 200.0 metres of a residential, commercial, or public
building, or the boundary of any of the following zones:
i.
Residential Medium Density
ii.
Residential Low Density
iii.
Residential Rural
iv.
Residential Development Scheme Area
v.
Traditional Community
vi.
Mixed Use
vii.
Public Use
{f) An undisturbed buffer strip will be maintained at least 30.0 metres wide between the final
perimeter of a pit or quarry and the boundary of the lot on which it is located. Council may
permit this buffer width to be reduced by up to 50% with the written consent of the
adjacent property owner;
{g) Topsoil removed prior to extraction will be appropriately stockpiled for future rehabilitation
of the site;
{h) Where a proposed mineral working site is located in the vicinity of a public street or
highway, or an existing or proposed residential, commercial, or recreational area, Council
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will require the owner to provide for natural or artificial screening to obstruct visibility of
the site;
(i) No mineral working shall create excessive drainage or erosion onto adjacent properties or
into nearby watercourses. An access road to a mineral working site shall be ditched,
bridged, and culverted in accordance with the regulations of the Department of
Environment and Conservation;
(j) No mineral working activity shall cause the accumulation or ponding of water in any part of
the site. Settling ponds will only be permitted with approval from the Department of
Environment and Conservation;
(k) The mineral working site shall be kept clean of refuse, abandoned vehicles, abandoned
equipment and derelict buildings;
(I) During seasonal or other extended periods of shutdown, the slope of any sand or gravel
embankment shall not have a gradient steeper than 60% for the full depth thereof; and
(m) Other such conditions as Council considers necessary upon detailed review of the proposal
and the proposed site location.
3.2
M ineral Working Processing Plant
A. Council, at its discretion, may permit a mineral working processing plant (e.g.
washing and screening plant, crusher) provided that the use will not significantly
affect surrounding land uses by reason of noise, vibration, fumes, dust, odour, water
drainage, unsightly storage of materials, or general appearance.
8.
Council may specify a minimum separation distance between a processing plant and
an existing residential, commercial, public, or recreational area.
3.3
Site Rehabilitation
A. A development application for a new mineral working site will not be approved
unless it includes an acceptable plan for site reclamation and rehabilitation;
8.
Council will require the reclamation and rehabilitation work to be implemented
either after the termination of the mineral working operation or at progressive
stages of excavation;
C.
Upon full completion of the mineral working, the following work shall be carried out
by the operation:
(a) All buildings, machinery and equipment shall be removed;
{b) All pit and quarry banks shall be graded to a slope of less than 60 percent;
{c) The entire excavated area will be rehabilitated in accordance with the
reclamation and rehabilitation plan;
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(d) The access road to the site will be decommissioned or barricaded to the
satisfaction of Council.
(4) Minimum Distance Separations for Commercial livestock Facilities
A.
New development and expansions of livestock facilities located near residential and other non-
agricultural uses will be subject to the minimum separation distance requirements specified in
Regulation 45 of the Development Regulations.
B. New development and expansions of residential and other non-agricultural uses located near
livestock facilities will be subject to the minimum separation distance requirements specified in
Regulation 45 of the Development Regulations.
(5) Single Dwellings
A. Subsidiary Dwelling
At Council's discretion, a single dwelling may be permitted as a subsidiary use to a commercial
agricultural operation, horse boarding stable, or kennel, subject to the following:
(a) It is clearly demonstrated to Council that the operation is a bona fide farm, horse boarding,
or commercial kennel operation from which the owner derives a major portion of his or her
income;
(b) It is clearly demonstrated to Council that full-time habitation on the site is necessary for the
successful operation of the agricultural operation, horse boarding stable, or kennel; and
(c) The dwelling must have a minimum floor area of 65 m2 and a minimum building line set back
of 10 metres.
B. Single Dwelling Not Subsidiary to a Main Use
Council may consider single dwellings as a discretionary use within the Rural designated areas where
the proposed dwelling is not subsidiary to a primary use, based upon the following indicative
criterion:
(a) The single dwelling development cannot be located on lands with pot ential for forestry,
agriculture, mineral extraction, conservation and recreation, or within protected water
supply areas;
(b) The proposed site for single dwelling development is not environmentally sensitive, and the
site can accommodate the development with minimal impact on the natural landscape;
(c) The site has adequate soil conditions and groundwater supply; and,
(d) The single dwelling development is not intended for seasonal residential or cottage use.
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(6) Small Livestock Facilities - Lot Size and Setback
A. No new livestock facility, planned to accommodate ten animal units or less, shall be developed
except in accordance with the following lot and setback standards:
Small Livestock Facilities
RUR Development Standards
Animal Units (AU)
(a) one (1) or less AU rabbits, ducks, chickens, turkeys and
geese
(b) two (2) or less AU of all species other than in (a)
(c) > two (2) to four (4) AU of all species
(d) > four (4) to six (6) AU of all species
(e) > six (6) to eight (8) AU of all species
(f) > eight (8) to ten (10) AU of all species
Note: see definition of Animal Unit (AU) in Schedule A
Minimum Lot Size
0.4 hectares
1 hectare
2 hectares
3 hectares
4 hectares
5 hectares
Minimum Setback from all
Lot Lines
18m
30m
SOm
70m
85m
100m
See Regulation 45 for development standards of livestock facilities containing more than ten (10) AU
(7) Wind Turbines- Private and Commercial
Where permitted at the discretion of Council, the development of a private and/or a commercial wind
turbine (refer to definition in Schedule A) shall meet applicable Federal and Provincial regulatory
requirements, in particular those applying to safety and environmental concerns, and to Regulation 70
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of these Development Regulations, as well as to all potential additional terms and conditions that may
be required by Council upon their review of a proposal, and upon evaluation of the site and
neighbourhood character and nearby existing land uses, as part of discretionary use approval
consideration.
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(B)Forestry
A forestry use, which is a permitted use within the Rural zone, will be limited to activities that are
approved and receive applicable permits by external agencies and are deemed to be environmentally
acceptable with relation to potential impacts on the existing agricultural operations, environmentally
sensitive and existing residential neighbourhoods.
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SCHEDULE D - OFF-STREET PARKING
REQUIREMENTS
(1) The off-street parking requirements for uses in t he various use classes outlined in Schedule B shall
be as defined in the following table. Other requirements for parking spaces are outlined within
Regulation 51, Part II - General Development Standards of these Development Regulations.
(2) In the case of developments including uses in more than one use class, these standards shall be
regarded as cumulative.
(3) Adequate off-street provision for drop-off and pick-up of persons shall be provided in developments
where required, such as uses within the educational facilities, passenger assembly, child care,
medical treat ment and special care, commercial residential and take-out food service-use classes.
GROUP
DIVISION
CIASS
MINIMUM OFF-STREET PARKING REQUIREMENT
A
1
(a) Theatre
One space for every 5 seats.
2
(a) Cultural and Civic
One space for every 50 square metres of gross floor areas.
(bl General Assembly
One space for every 10 square metres of gross floor area.
(c) Educational
Schools - 2 spaces for every class room.
Further education - 1 space for every 5 persons using the facilit ies
(students, faculty and staff).
(d) Place of Worship
One space for every 5 seats.
(e) Passenger Assembly
As specified by Council upon detailed review of new passenger
assembly proposal.
(f) Club and Lodge
One space for every 3 persons that may be accommodated at one
time.
(g) catering
One space for every 3 customers that may be accommodated at
one time.
(h) Funeral Home
One space for every 10 square metres of gross floor area.
(i) Child Care
One space for every 20 square metres of gross floor area.
U) Amusement
One space for every 10 square metres of gross floor area.
3
(al Indoor Assembly
One space for every 10 spectators that may be accommodated at
one time.
4
(al Outdoor Assembly
As specified by Council upon detailed review of Outdoor Assembly
proposal.
B
1
(al Penal and
One space per 100 square metres of gross floor area
Correctional
Detention
C
1
(al Medical Treatment
One space for every 20 square metres of gross floor area.
and Special care
2
(al Single Dwelling
Two spaces for every dwelling unit.
(bl Double Dwelling
Two spaces for every dwelling unit.
(cl Townhouse
Two spaces for every dwelling unit.
Dwelling
(dl Apartment Building
Three spaces for every 2-dwelling units.
(e) Subsidiary Apartment
One space for every apartment unit or granny suite.
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C
3
{a) Boarding House
One space for every residential unit.
(ctd)
(ctd)
Residential
(b) Commercial
One space for every rental room.
Residential
(c) Seasonal Residential
One space for every residential unit.
(d) Mobile Home
Two spaces for every dwelling unit.
D
1
(a) Office
One space for every 20 square metres of gross floor area.
(b) Medical and
One space for every 20 square metres of gross floor area.
Professional
(c) Personal Service
One space for every 20 square metres of gross floor area.
{d) General Service
One space for every 20 square metres of gross floor area.
{e) Communications
As specified by Council upon detailed review of Communications
proposal.
(f) Home Occupation
One space per non-resident employee plus two spaces for the
dwelling unit.
(g) Taxi Stand
As specified by Council upon detailed review of Taxi Stand
proposal
(h) Take-out Restaurant
One space for every 15 square metres of gross floor area.
(i) Veterinary
One space for every 20 square metres of gross floor area.
E
1
(a) Shopping Centre
One space for every 20 square metres of gross floor area.
(b) Shop
One space for every 20 square metres of gross floor area.
(c) Indoor Market
As specified by Council upon detailed review of Indoor Market
proposal.
{d) Outdoor Market
As specified by Council upon detailed review of Outdoor Market
proposal.
(e) Convenience Stores
One space for every 20 square metres of gross floor area.
F
1
(a) Hazardous Industry
One space for every employee.
2
(a) General Industry
One space for every employee.
(b) Service Station
One space for every 20 square metres of gross floor area.
3
(a) Light Industry
One space for every employee.
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SCHEDULE E - ENVIRONMENT AL PROTECTION
OVERLAY
INTENT
The intent of this Schedule is to preserve the environmental integrity of the Town of Portugal Cove-St.
Philip's by defining the necessary terms and conditions to protect environmentally sensitive areas from
the negative impacts and influences of development. It is also the intent of this Schedule to provide for a
flexible framework and approach that will not interfere with permitted development on land that is
deemed not to have environmentally sensitive features.
This Schedule E and its companion Environmental Protection Overlay Map provides Council with
additional specific controls over environmental protection by appending the regulations of this Schedule
to the Town's Development Regulations. Schedule E allows Council to impose conditions on the use of
land related to environmentally sensitive areas without affecting the underlying zone or creating an
entirely new zone. This Schedule also provides enhanced flexibility as the environmental map may
change without requiring property owners to go through a rezoning process.
All use zones, as defined in Schedule C of the Town's Development Regulations and identified on the
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Zoning Map, are subject to the terms and conditions of this Schedule. Where any property and lands in
an area are designated as environmentally sensitive on the Schedule E: Environmental Protection
Overlay Map, the following terms and conditions shall apply:
ENVIRONMENT AL PROTECTION MAP
The Environmental Protection Overlay Map contained in Schedule Eis a GIS-based topographic map and
includes the following layers:
(a) A thirty (30.0) metre coastline buffer;
(b) A fifteen {15.0) metre buffer for watercourses showing on 1:50,000 scale mapping;
(c) A thirty (30.0) metre buffer for water bodies showing on 1:50,000 scale mapping;
(d) Steep slopes greater than 25% over a distance of five metres;
(e) Designated Flood Risk Area as defined by the Department of Environment and Conservation and
the Town's Stormwater Management Plan; and,
(f) Wetlands showing on 1:50,000 scale mapping.
Where there is uncertainty regarding the existence of an environmentally sensitive area, such as a steep
slope, watercourse or wetland, field verification by a qualified consultant will be required at the expense
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of the developer or land owner. If the qualified consultant determines that the size and area extent of
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the environmentally sensitive area needs to be adjusted, or that it does not exist, the map will be
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refined and the land in question will no longer be subject to the appropriate terms and conditions of this
Schedule, but shall continue to be subject to the requirements outlined in the appropriate use zone in
Schedule C.
When a change to the Environmental Protection Overlay Map is required to reflect field verification that
has taken place, Council shall notify the public of the proposed revision through the insertion of a public
notification into a local newspaper. The notification shall state the place and time during which the
proposed revision can be inspected and provide seven (7) days for the public to provide written
feedback on t he revision. After considering public comment, Council may choose to pass a motion, by a
majority of its members, to adopt the map revision.
(1) Coastlines
Where a cliffs edge exists, the 30.0m buffer will be established from the top of cliff ("walkable land").
Where no cliff's edge exists, the 30.0m buffer will be established from the ordinary high water mark of
the ocean.
No development shall be permitted within thirty (30.0) metres of the ocean (Conception Bay) with the
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exception of conservation structures, such as those designed to control flooding and erosion, as well as
bridges, pathways and sewer lines. All development occurring within this limit is subject to the approval
of the Department of Environment and Conservation, and Council. Where fish habitat may be affected,
approval shall also be required by the Federal Department of Fisheries and Oceans.
(2) Watercourses
Watercourses include waterways such as creeks, streams and rivers. An environmental buffer of fifteen
(15.0) metres from the ordinary high water mark of all watercourses showing on 1:50,000 scale mapping
has been established in the Environmental Protection Overlay Map. Any development that occurs within
this buffer shall seek the appropriate approvals from the Department of Environment and Conservation.
Where fish habitat may be affected, approval shall also be required by the Federal Department of
Fisheries and Oceans.
Where there is uncertainty regarding the existence of a watercourse identified on the Environmental
Protection Overlay Map, field verification by a qualified consultant will be required at the expense of the
developer. If the qualified consultant determines that the size and area extent of the watercourse needs
to be adjusted, or that the watercourse does not exist, the buffer area established in the Environmental
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Protection Overlay Map will either be refined, or where the sensitive feature does not exist, the buffer
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shall not apply, and the land will be subject to the terms and conditions of the use zone indicated on the
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Land Use Zoning Map.
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(3) Water Bodies
An environmental buffer of thirty (30.0) metres from the high water mark of water bodies, such as
ponds and lakes, showing on 1:50,000 scale mapping has been established in the Environmental
Protection Overlay Map. Any development that occurs within this buffer shall seek the appropriate
approvals from the Department of Environment and Conservation.
(4) Steep Slopes
No buildings, structures or placement or removal offill will be permitted on any lands designated as
Restricted by the St. John's Urban Region Regional Plan, or within ten (10.0) metres of the top or bottom
of slopes that exceed twenty-five percent (25) over a distance of five (5.0) or more metres. Areas
designated as steep slopes are identified on the Environmental Protection Overlay Map.
In certain cases, Council may use its discretion and may require a development applicant to engage a
geotechnical engineer or other qualified consultant to determine and certify whether a steep slope is
"minor" in nature and whether it may be graded appropriately and in line with Regulation 70 of the
Town's Development Regulations. "Minor" steep slopes are defined as those slopes that are less than
one hectare in area. Where a steep slope is not deemed to be "minor," such as slopes that form part of
a continuous range of hill tops or coastline that are larger than one hectare in area, no buildings,
structures or placement or removal of fill shall be permitted.
(5) Designated Flood Risk Areas
The Province has formally identified and mapped areas across Newfoundland and Labrador that are
subject to flooding. The Town of Portugal Cove-St. Philip's also identified areas that are subject to
flooding in its Stormwater Management Plan. The Town's Stormwater Management Plan however does
not replace the 1996 Hydrological Study, in that the design of new structures should be based upon
flows provided within the 1996 Report until such time that a new Hydrological Study has been
undertaken and updated corresponding mapping has been produced.
The Environmental Protection Overlay Map indicates two designated flood risk areas in the Town of
Portugal Cove-St. Philip's that represent the areas identified by both the Province and the Town. Any
development activities within these areas should be in accordance with the Department of Environment
and Conservation's Policy for Floodplain Management W.R. 96-1 and the Water Resources Act.
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Areas that are likely to be flooded once in any twenty-year interval are " designated floodways," while
areas likely to be flooded once in any hundred-year interval are identified as "floodway fringe" areas.
A 'Floodway' is defined by the Department of Environment and Conservation as that portion of a flood
plain where the most frequent flooding occurs, and where the flow of water is fastest. This 'Floodway'
area is determined on the basis of the 1 in 20 year {1:20) return flood period.
A 'Floodway Fringe' is defined as the portion of a flood plain where less frequent flooding occurs and
where the flow of water is considered to be tranquil. The 'Floodway Fringe' area is determined on the
basis of where flooding occurs up to 1 in 100 years {1:100) on average.
A permit is required under Section 48 of the Water Resources Act for any activities in or within fifteen
(15.0) metres of these Designated Flood Zones.
Development within the Floodway shall be restricted to public uses and public works, and any proposed
use of a facility and site will not involve any storage of pollutants such as fuels, chemicals, pesticides,
etc.
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Development within the Floodway Fringe designation shall meet the following conditions:
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(a) The ground floor elevation of the structure is higher than the 1:100 year flood level;
(b) The structure will not interfere with flow of water or displace water such t hat it creates a worse
flooding situation for other properties;
(c) The structure and associated utilities must be designed and constructed in accordance with
approved flood proofing guidelines of the Province, and entrances and exits from the building
can be safely used without hindrance in the event of a flood; and,
(d) The proposed use of the facility and site will not involve any storage of pollutants such as fuels,
chemicals, pesticides, etc.
(6) Wetlands
Wetlands, which include bogs, fens, marsh, swamps, and shallow water, perform varied integral
ecological functions such as: collect and store runoff, moderate and attenuate downstream flood flows,
reduce downstream flooding and erosion, clean and purify water, recharge groundwater zones, and
provide unique habitat for plants and animals.
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Wetland development means the carrying out of an activity or operation which includes the
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construction of ditches, mechanical disturbance of the ground, alteration of normal water level
fluctuations, infilling, drainage, dredging, channelization, and removal of vegetation cover and/or
organic matter on a wetland for social or economic benefits, or the making of any change in the use or
the intensity of use of any wetland which affects its hydrologic characteristics or functions.
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The Province's Water Resources Act has provisions within Sections 30, 48 and 64 that directly address
wetlands. For example, developers and/or property owners must apply under Section 48 of the Water
Resources Act for work proposed within wetland areas. The Department of Environment and
Conservation additionally has a 'Policy for Development in Wetlands'. The Department promotes
avoidance of development within wetland areas and generally does not recommend approval for
residential development on wetland areas.
Where Council deems that a proposed development may involve or may affect a wetland, it shall be a
policy of Council to, at its discretion:
(a) Require the developer to have the wetland delineated by a qualified consultant and to converse
with the Department of Environment and Conservation with regard to the requirements of the
Water Resources Act and for compliance with the Policy for Development within a Wetland;
(b) Establish a sufficient buffer from the edge of the wetland in which development will not be
permitted as based upon the qualified consultant's recommendations and further as based
upon consultation with the Department of Environment and Conservation and with the Water
Resources Management Division;
(c) Require other conditions or restrictions to protect the wetland; and/or
(d) Refuse to approve the development if it believes that identified impacts cannot be sufficiently
minimized or mitigated.
Where there is uncertainty regarding the existence of a wetland identified on the Environmental
Protection Overlay Map, field verification by a qualified consultant will be required at the expense of the
developer, and confirmed by the qualified consultant in consultation with the Department of
Environment and Conservation, and with the Water Resources Management Division.
If the qualified consultant and the Province determine that the wetland area is non-developable, no
development within the wetland shall proceed.
If the qualified consultant and the Province determine that size and area extent of the wetland needs to
be adjusted, or that the wetland does not exist, the buffer area established in the Environmental
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Protection Overlay Map will either be refined, or where the wetland does not exist, the buffer area shall
not apply, and the land will be subject to the terms and conditions of the use zone indicated on the Land
Use Zoning Map.
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