Town of Pouch Cove Development Regulations 2020-2030
Pouch Cove, Newfoundland and Labrador
· adopted 2021-01-22
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TOWN OF POUCH COVE
MUNICIPAL PLAN
AND
DEVELOPMENT REGULATIONS
2020-2030
PLAN-TECH
ENVIRONMENT
October 2020
TABLE OF CONTENTS
Regulation
Page #
APPLICATION
1.
Short Title ...................................................................................................................................................... 1
2.
Interpretation ................................................................................................................................................ 1
3.
Commencement ............................................................................................................................................. 1
4.
Municipal Code and Regulations .................................................................................................................... 1
5.
Authority ....................................................................................................................................................... 1
PART I - GENERAL REGULATIONS
6.
Compliance with Regulations ........................................................................................................................ 2
7.
Permit Required ............................................................................................................................................ 2
8.
Permit to be Issued ........................................................................................................................................ 2
9.
Permit Not to be Issued in Certain Cases ...................................................................................................... 2
10.
Discretionary Powers of Authority ................................................................................................................ 3
11.
Variances ....................................................................................................................................................... 3
12.
Notice of Variance ......................................................................................................................................... 4
13.
Service Levy ................................................................................................................................................... 4
14.
Financial Guarantees by Developer ............................................................................................................... 5
15.
Dedication of Land for Public Uses ................................................................................................................ 6
16.
Reinstatement of Land .................................................................................................................................. 6
17.
Form of Application ....................................................................................................................................... 6
18.
Register of Application .................................................................................................................................. 7
TABLE OF CONTENTS
19.
Deferment of Application .............................................................................................................................. 7
20.
Approval in Principle ..................................................................................................................................... 7
21.
Development Permit ..................................................................................................................................... 8
22.
Reasons for Refusing Permit ......................................................................................................................... 9
23.
Notice of Right to Appeal .............................................................................................................................. 10
24.
Appeal Requirements .................................................................................................................................... 10
25.
Approval Registration .................................................................................................................................... 11
26.
Development Prohibited ............................................................................................................................... 11
27.
Appeal Board ................................................................................................................................................. 12
28.
Appeals .......................................................................................................................................................... 12
29.
Hearing Notice and Meetings ........................................................................................................................ 14
30.
Hearing of Evidence ..................................................................................................................................... 14
31.
Return of Appeal Fee ................................................................................................................................... 15
32.
Notice of Application ..................................................................................................................................... 15
33.
Right of Entry ............................................................................................................................................... 15
34.
Record of Violations .................................................................................................................................... 16
35.
Stop Work Order and Prosecution .............................................................................................................. 16
36.
Delegation of Power .................................................................................................................................... 16
PART II - GENERAL DEVELOPMENT STANDARDS
37.
Accesses and Service Streets ....................................................................................................................... 17
38.
Accessory Buildings .................................................................................................................................... 17
39.
Advertisements ........................................................................................................................................... 17
40.
Buffer Strips ................................................................................................................................................. 18
TABLE OF CONTENTS
41.
Building Height ............................................................................................................................................ 18
42.
Building Line and Setback ............................................................................................................................ 18
43.
Family and Group Care Centres ................................................................................................................... 19
44.
Height Exceptions ........................................................................................................................................ 19
45.
Livestock Structures and Uses ..................................................................................................................... 19
46.
Lot Area ....................................................................................................................................................... 20
47.
Lot Area and Size Exceptions ....................................................................................................................... 20
48.
Lot Frontage ................................................................................................................................................ 21
49.
Non-Conforming Uses ................................................................................................................................. 21
50.
Offensive and Dangerous Uses .................................................................................................................... 23
51.
Off-street Parking Requirements ................................................................................................................ 23
52.
Off-street Loading Requirements ................................................................................................................. 25
53.
Parks and Playgrounds and Conservation Uses ........................................................................................... 25
54.
Screening and Landscaping ......................................................................................................................... 25
55.
Services and Public Utilities ......................................................................................................................... 26
56.
Service Stations ........................................................................................................................................... 26
57.
Sideyards ..................................................................................................................................................... 26
58.
Street Construction Standards .................................................................................................................... 27
59.
Subsidiary Apartments ................................................................................................................................ 27
60.
Unsubdivided Land ...................................................................................................................................... 27
61.
Zero Lot Line and Other Comprehensive Development .............................................................................. 27
PART III - ADVERTISEMENTS
62.
Permit Required .......................................................................................................................................... 28
TABLE OF CONTENTS
63.
Form of Application ..................................................................................................................................... 28
64.
Advertisements Prohibited in Street Reservation ....................................................................................... 28
65.
Permit Valid for Limited Period ..................................................................................................................... 28
66.
Removal of Advertisements ........................................................................................................................ 28
67.
Advertisements Exempt from Control ......................................................................................................... 29
68.
Approval Subject to Conditions ................................................................................................................... 30
69.
Non-Conforming Uses ................................................................................................................................. 30
PART IV - SUBDIVISION OF LAND
70.
Permit Required .......................................................................................................................................... 30
71.
Services to be Provided ............................................................................................................................... 30
72.
Payment of Service Levies and Other Charges ............................................................................................ 31
73.
Issue of Permit Subject to Considerations ................................................................................................... 31
74.
Building Permits Required ............................................................................................................................ 32
75.
Form of Application ..................................................................................................................................... 32
76.
Subdivision Subject to Zoning ..................................................................................................................... 32
77.
Building Lines ............................................................................................................................................... 32
78.
Land for Public Open Space ......................................................................................................................... 32
79.
Structure in Street Reservation ................................................................................................................... 34
80.
Subdivision Design Standards ...................................................................................................................... 34
81.
Engineer to Design Works and Certify Construction Layout ....................................................................... 36
82.
Developer to Pay Engineer's Fees and Charges ........................................................................................... 36
83.
Street Works May be Deferred ................................................................................................................... 36
84.
Transfer of Streets and Utilities to Authority .............................................................................................. 37
TABLE OF CONTENTS
85.
Restriction on Sale of Lots ........................................................................................................................... 38
86.
Grouping of Dwellings and Landscaping ..................................................................................................... 38
PART V - USE ZONES
87.
Use Zones .................................................................................................................................................... 39
88.
Use Classes .................................................................................................................................................. 39
89.
Permitted Uses ............................................................................................................................................ 39
90.
Discretionary Uses ....................................................................................................................................... 40
91.
Uses Not Permitted ..................................................................................................................................... 41
SCHEDULES
SCHEDULE A: Definitions
SCHEDULE B: Classification of Uses of Land and Buildings
SCHEDULE C: Use Zone Tables
SCHEDULE D: Off-Street Parking Requirements
SCHEDULE E: Land Use Zoning Map
TOWN OF POUCH COVE MUNICIPAL PLAN
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Pouch Cove Development Regulations.
2. Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to them
in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
3. Commencement
These Regulations come into effect throughout the Pouch Cove 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 Pouch Cove, shall, under these Regulations apply to the entire Planning
Area.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Pouch Cove.
2
PART I - GENERAL REGULATIONS
6. Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance with these
Regulations.
7. Permit Required
No person shall carry out any development within the Planning Area except where otherwise
provided in these Regulations unless a permit for the development has been issued by the
Authority.
8. Permit to be Issued
Subject to Regulations 9 and 10, a permit shall be issued for development within the Planning
Area that conforms to:
(a)
the general development standards set out in Part II of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards, requirem-
ents, and conditions prescribed in Schedule C of these Regulations for the use zone in
which the proposed development is located;
(b)
the standards set out in the Building Code and/or other ancillary codes, and any Building
Regulations, Waste Disposal Regulations, and/or any other municipal regulation in force
in the Planning Area regulating or controlling development, conservation and use of
land and buildings;
(c)
the standards set out in Part III of these Regulations in the case of advertisement;
(d)
the standards set out in Part IV of these Regulations in the case of subdivision;
(e)
the standards of design and appearance established by the Authority.
9. Permit Not to be Issued in Certain Cases
3
Neither a permit nor approval in principle shall be issued for development within the Planning
Area when, in the opinion of the Authority, it is premature by reason of the site lacking
adequate road access, power, drainage, sanitary facilities, or domestic water supply, or being
beyond the natural development of the area at the time of application unless the applicant
contracts to pay the full cost of construction of the services deemed necessary by the Authority
and such cost shall attach to and upon the property in respect of which it is imposed.
10. Discretionary Powers of Authority
(1)
In considering an application for a permit or for approval in principle to carry out
development, the Authority shall take into account the policies expressed in the Munici-
pal Plan and any further scheme, plan or regulations pursuant thereto, and shall assess
the general appearance of the development of the area, the amenity of the surr-
oundings, availability of utilities, public safety and convenience, and any other consider-
ations which are, in its opinion, material, and notwithstanding the conformity of the
application with the requirements of these Regulations, the Authority may, in its
discretion, and as a result of its consideration of the matters set out in this Regulation,
conditionally approve or refuse the application.
(2)
An authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the authority's regulations as
discretionary, permitted or prohibited uses for that area
11. Variances
(1)
Where an approval or permit cannot be given by the Authority because a proposed
development does not comply with development standards set out in development
regulations, the Authority may, in its discretion, vary the applicable 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.
4
(2)
The Authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
would have a cumulative effect that is greater than a 10% variance even though the
individual variances are separately no more than 10%.
(3)
The Authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing development.
12. Notice of Variance
Where the Authority is to consider a proposed variance, the Authority shall give written notice
of the proposed variance from development standards to all persons whose land is in the
immediate vicinity of the land that is the subject of the variance, and allow a minimum period of
7 days for response.
13. Service Levy
(1)
The Authority may require a developer to pay a service levy where development is
made possible or where the density of potential development is increased, or where the
value of property is enhanced by the carrying out of public works either on or off the
site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance charges to
the Authority of constructing or improving the public works referred to in Regulation
13(1) that are necessary for the real property to be developed in accordance with the
standards required by the Authority and for uses that are permitted on that real
property.
(3)
A service levy shall be assessed on the real property based on:
5
(a)
the amount of real property benefited by the public works related to all the real
property so benefited; and,
(b)
the density of development made capable or increased by the public work.
(4)
The Authority may require a service levy to be paid by the owner of the real property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real property commences;
(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
14. Financial Guarantees by Developer
(1)
The Authority may require a developer before commencing a development to make
such financial provisions and/or enter into such agreements as may be required to
guarantee the payment of service levies, ensure site reinstatement, and to enforce the
carrying out of any other condition attached to a permit or licence.
(2)
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 the Authority, or;
(b)
a guarantee by a bank, or other institution acceptable to the Minister, for
expenditures by the developer, or;
(c)
a performance bond provided by an insurance company or a bank, or;
(d)
an annual contribution to a sinking fund held by the Authority, or;
(f)
another form of financial guarantee that the Authority may approve.
15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, the Authority may
require the dedication of a percentage of the land area of any subdivision or other development
6
for public use, and such land shall be conveyed to the Authority in accordance with the
provisions of the Act.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the Authority may
order the developer, the occupier of the site, or the owner or all of them to reinstate the site, to
remove all or any buildings or erections, to cover or fill all wells or excavations, and to close all
or any accesses, or to do any of these things or all of them, as the case may be, and the
developer, occupier or owner shall carry out the order of the Authority and shall put the site in a
clean and sanitary condition to the satisfaction of the Authority.
17. Form of Application
(1)
An application for a development permit or for approval in principle shall be made only
by the owner or by a person authorized by the owner to the Authority on such form as
may be prescribed by the Authority, and every application shall include such plans,
specifications and drawings as the Authority may require, and be accompanied by the
permit fee required by the Authority.
(2)
The Authority shall supply to every applicant a copy of the application forms referred to
in Regulation 17(1) and a description of the plans, specifications and drawings required
to be provided with the application and any information or requirements applicable to
the application.
18. Register of Application
The Authority shall keep a public register of all applications for development, and shall enter
therein the Authority's decision upon each application and the result of any appeal from that
decision.
7
19. Deferment of Application
(1)
An application properly submitted in accordance with these Regulations shall be
determined within eight (8) weeks of receipt of the application by the Council.
(2)
The Council may defer consideration of an application where additional information or
consideration is required.
(3)
Where no decision on an application has been made within eight (8) weeks of its
submission, the application shall be deemed to be refused.
20. Approval in Principle
(1)
An application for Approval in Principle shall include;
a)
a description of the proposed development,
b)
a description of the limits of the land to be used with the proposed development,
and may include a survey description of the subject lands, and
c)
submission of any pertinent information that may be required by the Council.
(2)
The Council may issue an Approval in Principle if it determines the application conforms to
the Municipal Plan and these Regulations.
(3)
An Approval in Principle shall be valid for a period of 1 year, and may be extended 1 year
(must be requested by applicant), up to a total maximum period of 2 years.
(4)
No development shall be carried out under an Approval in Principle.
(5)
Council may revoke an Approval in Principle if it determines the applicant has changed the
proposed development in a way that significantly alters the original intent of the
applications.
8
21. Development Permit
(1)
A written Permit to Develop, including a temporary Permit to Develop, issued by the
Council shall be permission to develop. This permission shall not relieve the applicant from
full responsibility of obtaining all other approvals, prior to the commencement of
development, and complying with the requirements of all other regulations and statutes
during development.
(2)
The Council may attach conditions to a Permit to Develop to ensure compliance with
the Municipal Plan and these Regulations, and the permit holder shall be responsible for
full compliance with the permit conditions.
(3)
A Permit to Develop is valid for a period of 1 year and may be extended twice up to a
total maximum period of 3 years.
(4)
The issuance of a Permit to Develop shall not prevent the Council from requiring the
correction of errors, or ordering the cessation, removal of, or remedial work on any
development being carried out that is in violation of the Municipal Plan and these
Regulations.
(5)
The Council may revoke a Permit to Develop for failure by the developer to comply
with the Municipal Plan and these Regulations, or any condition attached to the Permit to
Develop, or where it was issued in error or was issued on the basis of incorrect information.
(6)
No person shall change the application for which a Permit to Develop has been issued
unless the change has been approved by a resolution of the Council, and written approval
has been issued.
(7)
A copy of the Permit to Develop, and the plans and specifications, shall be kept on
the site until completion of the development.
9
22. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit, state
the reasons for so doing.
23. Notice of Right to Appeal
Where the Authority makes a decision that may be appealed under section 42 of the Act, the
Authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the:
(a)
person's right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
24. Appeal Requirements
(1)
The secretary of the Regional Appeal Board, Department of Municipal Affairs and
Environment, P.O. Box 8700, St. John's, NL, A1B 4J6, is the secretary to all Regional
Appeal Boards in the province and an appeal filed with that secretary within the time
period referred to in subsection 42(4) of the Act shall be considered to have been filed
with the appropriate Appeal Board.
(2)
The fee required under section 44 of the Act shall be paid to the Appeal Board that
hears the decision being appealed by filing it with the secretary referred to in subsection
(1) or (2) within the 14 days referred to in subsection 42(4) of the Act.
(3)
The Appeal Board that hears the decision being appealed shall, subject to subsection
44(3) of the Act, retain the fee paid to the Appeal Board.
(4)
Where an appeal of a decision and the required 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.
10
25. Appeal Registration
(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 subsections 24(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the Appeal Board shall notify the
Authority of the appeal and shall provide to the Authority a copy of the appeal and the
documentation related to the appeal.
(3)
Where the Authority has been notified of an appeal that Authority shall within one week
of notification forward to the appropriate board a copy of the application being
appealed, all correspondence, council minutes, plans and other relevant information
relating to the appeal including the names and addresses of the applicant and other
interested persons of whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board shall
publish in a newspaper circulated in the area of the appropriate authority, a notice that
the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
26. Development Prohibited
(1)
Immediately upon notice of the registration of an appeal the Authority shall ensure that
any development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to the Authority acting under subsection (1).
11
(3)
Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, the Authority shall not carry out work related to the
matter being appealed.
27. Appeal Board
(1)
The minister may, by order, establish an Appeal Board and shall assign to the Appeal
Board a specific area of the province over which it shall have jurisdiction, as outlined in
section 40, of the Act.
28. Appeals
(1)
A person or an association of persons aggrieved of a decision that, under the
regulations, may be appealed, may appeal that decision to the appropriate Appeal
Board where the decision is with respect to
(a) an application to undertake a development;
(b) a revocation of an approval or a 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 the Authority to adopt, approve or proceed with a municipal plan, a
scheme, development regulations and amendments and revisions of them is final and
not subject to an appeal.
(3)
An Appeal Board shall not make a decision that does not comply with the municipal
plan, a scheme and development regulations that apply to the matter being appealed.
(4)
An appeal shall be filed with the Appeal Board not more than 14 days after the person
who made the original application appealed from has received the decision being
appealed.
12
(5)
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.
(7)
An Appeal Board may inform itself of the subject matter of the appeal in the manner it
considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance with the Act and
the municipal plan, scheme and regulations that have been registered under section 24,
of the Act, and having regard to the circumstances and merits of the case.
(9)
A decision of the Appeal Board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
(10)
In determining an appeal, an Appeal Board may confirm, reverse or vary the decision
appealed from and may impose those conditions that the board considers appropriate
in the circumstances and may direct the Authority to carry out its decision or make the
necessary order to have its decision implemented.
(11)
Notwithstanding subsection (10), where the Authority may, in its discretion, make a
decision, an Appeal Board shall not make another decision that overrules the
discretionary decision.
13
(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 the appropriate Authority of
the decision of the Appeal Board.
29. Hearing Notice and Meetings
(1)
An Appeal Board shall notify the appellant, applicant, authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal 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.
30. Hearing of Evidence
(1)
An Appeal Board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under regulation 29(1) or their representative may
appear before the Appeal Board and make representations with respect to the matter
being appealed.
(2)
An Appeal Board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to and
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.
14
(4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
31. Return of Appeal Fee
Where an appeal made by an appellant under section 42 of the Act, is successful, an amount of
money equal to the fee paid by that appellant under regulation 24(2) shall be paid to him or her
by the Authority.
32. Notice of Application
The Authority may, and when a variance is necessary under Regulation 11 and the Authority
wishes to consider whether to authorize such a variance, when a change in nonconforming use
is to be considered under Regulation 49, or when the development proposed is listed as a dis-
cretionary use in Schedule C of the Regulations 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 or by any other means deemed necessary, and under
Regulation 12 and the Authority shall give written notice of the proposed variance from
development standards to all persons whose land is in the immediate vicinity of the land that is
the subject of the variance, and allow a minimum period of 7 days for response.
33. Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land and may
at all reasonable times enter any development or building upon the land for the purpose of
making surveys or examinations or obtaining information relative to the carrying out of any
development, construction, alteration, repair, or any other works whatsoever which the
Authority is empowered to regulate.
34. Record of Violations
15
Every inspector shall keep a record of any violation of these regulations which comes to his
knowledge and report that violation to the Authority.
35. Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, the Authority may order that person to stop the development or work
connected therewith pending final adjudication in any prosecution arising out of the
development.
(2)
A person who does not comply with an order made under Regulation 35(1) is guilty of
an offence under the provisions of the Act.
36
Delegation of Powers
An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
16
PART II - GENERAL DEVELOPMENT STANDARDS
37. Accesses and Service Streets
(1)
Access shall be located to the specification of the Authority so as to ensure the greatest
possible convenience and safety of the street system and the Authority may prescribe
the construction of service streets to reduce the number of accesses to collector and
arterial streets.
(2)
No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
38. Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the use of the main
buildings in character, use and size, and shall be contained on the same lot.
(2)
No accessory building or part thereof shall project in front of any building line.
(3)
The sideyard requirements set out in the use zone tables in these Regulations shall
apply to accessory buildings wherever they are located on the lot but accessory
buildings on two (2) adjoining properties may be built to property boundaries provided
they shall be of fire resistant construction and have a common firewall.
(4)
Notwithstanding Regulation 38(2), Council may approve a location of an accessory
building closer to the 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 and areas that have
reduced setbacks:
(b)
considers that the location as required under Regulation 38(2) would pose a
threat to road safety;
17
(c)
finds that the physical limitations of the property would not allow for the
development of an accessory building as required under Regulation 38(2); and,
(d)
considers that the proposed location as required under Regulation 38(2) would
adversely affect the view from neighbouring homes.
39. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part III of these
Regulations.
40. Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or proposed
residential area, or is separated from it by a road only, the owner of the site of the industrial
development shall provide a buffer strip not less than ten (10) metres wide between any
residential activity and the industrial area. The buffer shall include the provision of such natural
or structural barrier as may be required by the Authority and shall be maintained by the owner
or occupier to the satisfaction of the Authority.
41. Building Height
The Authority may permit the erection of buildings of a height greater than that specified in
Schedule C, but in such cases the building line setback and rearyard requirements shall be varied
as follows:
(1)
The building line setback shall be increased by 2 metres for every 1 metre increase in
height.
(2)
The rearyard shall not be less than the minimum building line setback calculated as
described in (1) above plus 6 metres.
18
42. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed street or
service street and may require any new buildings to be located on those building lines, whether
or not such building lines conform to the standards set out in the tables in Schedule C of these
Regulations.
43. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequate in size
to accommodate the number of persons living in the group, inclusive of staff, provided that in
the opinion of the Authority, the use of the dwelling does not materially differ from, nor
adversely affect, the amenities of the adjacent residences, or the neighbourhood in which it is
located. The Authority may require special access and safety features to be provided for the
occupants before occupancy is permitted.
44. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be waived in the
case of communication masts and antennae, flagpoles, water towers, spires, belfries, or
chimneys, but any such waiver which results in an increase of more than 10% of the permitted
height of the structure shall only be authorized under the provisions of Regulation 11.
45. Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be erected or used
unless it complies with the following requirements:
(a)
The structure shall be at least 600 m from a residence, (except a farm residence
or a residence which is a non-conforming use in any zone in which agriculture is
a permitted use class in the Use Zone Tables in Schedule C of these Regulations,
and, from an area designated for residential use in an approved Plan, and, from
a Provincial or Federal Park.
(b)
The structure shall be at least 60 m from the boundary of the property on which
it is to be erected.
19
(c)
The structure shall be at least 90 m from the centre line of a street.
(d)
The erection of the structure shall be approved by the Department of Natural
Resources the Department of Municipal Affairs and Environment.
(2)
No development for residential use shall be permitted within 600 m of an existing
structure designed to contain more than five animal units unless the development is
first approved by the Department of Natural Resources.
46. Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any portion
thereof or otherwise, so that any 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 the lot or any part
thereof, and shall not be deemed to form part of an adjacent lot for the purpose of
computing the area thereof available for building purposes.
47. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist in
any residential zone, with insufficient frontage or area to permit the owner or purchaser of such
a lot or lots to comply with the provisions of these Regulations, then these Regulations shall not
prevent the issuing of a permit by the Authority for the erection of a dwelling thereon, provided
that the lot coverage and height are not greater than, and the yards and floor area are not less
than the standards set out in these Regulations.
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48. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these Regulations,
no residential or commercial building shall be erected unless the lot on which it is situated fronts
directly onto a street or forms part of a Comprehensive Development Scheme.
49. Non-Conforming Use
(1)
Notwithstanding the Municipal Plan, scheme or regulations made under this Urban and
Rural Planning Act, 2000, the Authority 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 the
Act, scheme or regulations made with respect to that kind of development or use.
(2)
Notwithstanding subsection (1), a right to resume a discontinued non-conforming use of
land shall not exceed 12 months after that discontinuance.
(3)
A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (1)
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Authority;
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development;
(c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, structure or
development has been destroyed;
(d)
may have the existing use for that building, structure or development varied by
the Authority to a use that is, in the Authority's opinion, more compatible with
the plan and regulations applicable to it;
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(e)
may have the existing building extended by approval of the Authority where, in
the Authority's opinion, the extension is not more than 50% of the existing
building;
(f)
where the non-conformance is with respect to the standards included in these
development regulations, shall not be expanded if the expansion would increase
the non-conformity;
(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.
(h)
where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with the municipal plan and regulations, be
repaired or rebuilt where 50% or more of the value of that building or structure
is destroyed.
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, the Authority, at the applicant's expense, shall publish a notice in a
newspaper circulating in the area or by other means give public notice of an application
to vary the existing use of a non-conforming building, structure or development and
shall consider any representations or submissions received in response to that
advertisement.
50. Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous fumes,
smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any
nuisance that has an unpleasant effect on the senses unless its use is authorized by the
Authority and any other authority having jurisdiction.
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51. Offstreet Parking Requirements
(1)
For every building, structure or use to be erected, enlarged or established, there shall be
provided and maintained a quantity of off-street parking spaces sufficient to ensure that
the flow of traffic on adjacent streets is not impeded by the on-street parking of vehicles
associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Schedule D of these Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings, shall be made
accessible by means of a hard surfaced right-of-way at least 3 m in width. Parking
required in a Residential Zone shall be provided on the same lot as the dwelling or
dwellings. Parking space for apartments shall be provided in the rear yard where
possible. In a Non-Residential Zone, parking spaces shall be provided within the limits of
the zone in which the use is situated and not more than 200 m distant from the use
concerned.
(4)
The parking facilities required by this Regulation shall, except in the case of single or
attached dwellings, be arranged so that it is not necessary for any vehicle to reverse
onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are required
or permitted:
(a)
parking space shall mean an area of land, not less than 15 m² in size, capable of
being used for the parking of a vehicle without the need to move other vehicles
on adjacent areas;
(b)
the parking area shall be constructed and maintained to the specifications of the
Authority;
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(c)
the lights used for illumination of the parking area shall be so arranged as to
divert the light away from adjacent development;
(d)
a structure, not more than 3 m in height and more than 5 m² in area may be
erected in the parking area for the use of attendants in the area;
(e)
except in zones in which a service station is a permitted use, no gasoline pump
or other service station equipment shall be located or maintained on a parking
area;
(f)
no part of any off-street parking area shall be closer than 1.5 m to the front lot
line in any zone;
(g)
access to parking areas in non-residential zones shall not be by way of
residential zones;
(h)
where a parking area is in or abuts a residential zone, a natural or structural
barrier at least 1 m in height shall be erected and maintained along all lot lines;
(i)
where, in the opinion of the Authority, strict application of the above parking
requirements is impractical or undesirable, the Authority may as a condition of a
permit require the developer to pay a service levy in accordance with these
Regulations in lieu of the provision of a parking area, and the full amount of the
levy charged shall be used by the Authority for the provision
and upkeep of alternative parking facilities within the general 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 m long, 4 m wide, and having a
vertical clearance of at least 4 m with direct access to a street or with access by a
driveway of a minimum width of 6 m to a street.
(2)
The number of loading spaces to be provided shall be determined by the Authority.
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(3)
The loading facilities required by this Regulation shall be so arranged that vehicles can
manoeuvre clear of any street and so that it is not necessary for any vehicle to reverse
onto or from a street.
53. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and playgrounds
are not located in areas which may be hazardous to their use and are not operated for commer-
cial purposes.
54. Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the owner or occupier
to provide adequate and suitable landscaping or screening; and for this purpose may require the
submission of an application giving details of the landscaping or screening, and these
Regulations shall then apply to that application. The provision of adequate and suitable land-
scaping or screening may be made a condition of any development permit where, in the opinion
of the Authority, the landscaping or screening is desirable to preserve amenity, or protect the
environment.
55. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the provision of
public services and public utilities if the use of that land is necessary to the proper operation of
the public service or public utility concerned provided that the design and landscaping of any
development of any land so used is, in the opinion of the Authority, adequate to protect the
character and appearance of the area.
56. Service Stations
The following requirements shall apply to all proposed service stations:
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(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 from the front lot line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and where a
service station is located on a corner lot, the minimum distance between an access and
the intersection of street lines at the junction shall be 10 metres and the lot line
between entrances shall be clearly indicated.
57. Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the exposed sides of
every building in order to provide access for the maintenance of that building.
58. Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Authority.
59. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of
calculating lot area and yard requirements, shall be considered part of the self-contained
dwelling.
60. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to satisfy
the yard and other allowances called for in the Use Zone in which it is located and the
allowances shall be retained when the adjacent land is developed.
61. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which are designed to
form part of a zero lot line development or other comprehensive layout which does not, with
26
the exception of dwelling unit floor area, meet the requirements of the Use Zone Table in
Schedule C, provided that the dwellings are designed to provide both privacy and reasonable
access to natural daylight and the overall density within the layout conforms to the regulations
and standards set out in the Use Zone Table apply where the layout adjoins other development.
27
PART III - ADVERTISEMENTS
62. Permit Required
Subject to the provisions of Regulation 67, no advertisement shall be erected or
displayed in the Planning Area unless a permit for the advertisement is first obtained
from the Authority. Permit for erection or display of advertisement on Provincial
Highways shall be obtain from the Service NL.
63. Form of Application
Application for a permit to erect or display an advertisement shall be made to the
authority in accordance with Regulation 17.
64. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any
highway or street reservation.
65. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an
advertisement shall be for a limited period, not exceeding two years, but may be
renewed at the discretion of the Authority for similar periods.
66. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the
removal of any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination, or
structural
condition, or;
(b)
detrimental to the amenities of the surrounding area.
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67. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Authority:
(a)
on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.2 m² in area;
(b)
on an agricultural holding or farm, a notice board not exceeding 1 m² in
area and relating to the operations being conducted on the land;
(c)
on land used for forestry purposes, signs or notices not exceeding 1 m²
in area and relating to forestry operations or the location of logging operations
conducted on the land;
(d)
on land used for mining or quarrying operations, a notice board not
exceeding 1 m² in area relating to the operation conducted on the land;
(e)
on a dwelling or within the curtilage of a dwelling, one nameplate not
exceeding 0.2 m² in area in connection with the practice of a professional
person carried on in the premises;
(f)
on any site occupied by a church, school, library, art gallery, museum,
institution or cemetery, one notice board not exceeding 1 m² in area;
(g)
on the principal facade of any commercial, industrial or public building,
the name of the building or the name of the occupants of the building, in letters
not exceeding one-tenth of the height of that facade or 3 m, whichever is the
lesser;
(h)
on any parking lot directional signs and one sign not exceeding 1 m² in
size, identifying the parking lot.
68. Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply
with the appropriate conditions and specifications set out in the Use Zone Tables in
Schedule C of these Regulations.
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69. Non-Conforming Uses
Notwithstanding the provisions of Regulation 62, a permit may be issued for the
erection or display of advertisements on a building or within the courtyard of a building
or on a parcel of land, the use of which is a non conforming use, provided that the
advertisement does not exceed the size and type of advertisement which could be
permitted if the development was in a Use Zone appropriate to its use, and subject to
any other conditions deemed appropriate by the Authority.
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PART IV - SUBDIVISION OF LAND
70. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of
the subdivision is first obtained from the Authority.
71. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Authority have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system.
72. 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 the Authority for connection to
services, utilities and streets deemed necessary for the proper development of the
subdivision, and all service levies and other charges imposed under Regulations 13 and
14.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Authority shall,
without limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and
utilities;
(c)
the provisions of the Plan and Regulations affecting the site;
31
(d)
the land use, physical form and character of adjacent developments;
(e)
the transportation network and traffic densities affecting the site;
(f)
the relationship of the project to existing or potential sources of
nuisance;
(g)
soil and subsoil characteristics;
(h)
the topography of the site and its drainage;
(i)
natural features such as lakes, streams, topsoil, trees and shrubs;
(j)
prevailing winds;
(k)
visual quality;
(l)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
74. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building
permit shall be obtained for each building proposed to be erected in the area of the
subdivision, and no building permit for any building in the area shall be issued until the
developer has complied with all the provisions of these Regulations with respect to the
development of the subdivision.
75. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in
accordance with Regulation 17.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
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77. Building Lines
The Authority may establish building lines for any subdivision street and require any
new building to be located on such building lines.
78. Land for Public Open Space
(1)
Before a development commences, the developer shall, if required,
dedicate to the Authority, at no cost to the Authority, an area of land equivalent
to not more than 10% of the gross area of the subdivision or 25 m² for every
dwelling unit permitted in the subdivision, whichever is the greater, for public
open space, provided that:
(a)
where land is subdivided for any purpose other than residential use, the
Authority shall determine the percentage of land to be dedicated;
(b)
if, in the opinion of the Authority, no public open space
is required, the land may be used for such other public use as the
Authority may determine;
(c)
the location and suitability of any land dedicated under
the provisions of this Regulation shall be subject to the approval of the
Authority but in any case, the Authority shall not accept land which, in
its opinion is incapable of development for any purpose;
(d)
the Authority may accept from the developer in lieu of
such area or areas of land the payment of a sum of money equal to the
value of the land which would otherwise be required to be dedicated;
(e)
money received by the Authority in accordance with
Regulation 78(1)(d) above, shall be reserved by the Authority for the
purpose of the acquisition or development of land for public open space
or other public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall
be conveyed to the Authority and may be sold or leased by the Authority for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall be
applied against the cost of acquisition or development of any other land for the
purposes of public open space or other public purposes.
33
(3)
The Authority may require a strip of land to be reserved and remain
undeveloped along the banks of any river, brook or pond, and this land may, at
the discretion of the Authority, constitute the requirement of land for public use
under Regulation 78(1).
79. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive
the prior approval of the Authority which shall be satisfied on the question of safe
construction and relationship to the adjoining buildings and other structures within the
street reservation.
80. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations
unless the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter of
not less than 30 m.
(c)
The maximum length of any cul de sac shall be:
(i)
300 m in areas served by or planned to be served by
municipal piped water and sewer services, as shown in the map and
letter of agreement signed by the Municipality and the Minister of
Municipal Affairs and Environment in connection with municipal five-
year capital works program eligibility.
(ii)
490 m in areas not served by or planned to be served by
municipal piped water and sewer services.
(d)
Emergency vehicle access to a cul de sac shall be not less than 3 m wide and
shall connect the head of the cul de sac with an adjacent street.
34
(e)
No cul de sac shall be located so as to appear to terminate a collector
street.
(f)
New subdivisions shall have street connections with an existing street or
streets.
(g)
All street intersections shall be constructed within 5° of a right angle
and this alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(i)
No more than four streets shall join at any street intersection.
(j)
No residential street block shall be longer than 490 m between street
intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with
the approved standards of the Authority, but in the absence of such
standards, shall conform to the following minimum standards:
Type of Street
Street
Reservation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Arterial Streets
30 m
15 m
1.5 m
discretion
of Council
Collector Streets
20 m
15 m
1.5 m
2
Local Residential Streets:
where more than 50%
of the units are single or
double dwellings;
where 50% or more of
the units are row
houses or apartments.
15 m
20 m
9 m
9 m
1.5 m
1.5 m
1
2
Service Streets
15 m
9 m
1.5 m
discretion
of Council
(l)
No lot intended for residential purposes shall have a depth exceeding
four times the frontage.
(m)
Residential lots shall not be permitted which abut a local street at both
front and rear lot lines.
(n)
The Authority may require any existing natural, historical or architectural
feature or part thereof to be retained when a subdivision is developed.
35
(o)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
81. Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers,
storm sewers and all appurtenances thereto and all streets, paving, curbs,
gutters and catch basins and all other utilities deemed necessary by the
Authority to service the area proposed to be developed or subdivided shall be
designed and prepared by or approved by the Town's Engineer. Such designs
and specifications shall, upon approval by the Authority, be incorporated in the
plan of subdivision.
(2)
Upon approval by the Authority of the proposed subdivision, the Town's
Engineer shall certify all work of construction layout preliminary to the
construction of the works and thereupon the developer shall proceed to the
construction and installation, at his own cost and in accordance with the
approved designs and specifications and the construction layout certified by
the Town's Engineer, of all such water mains, hydrants, sanitary sewers and all
appurtenances and of all such streets and other works deemed necessary by the
Authority to service the said area.
82. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such 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 Professional Engineers and Geoscientists
Newfoundland & Labrador (PEGNL) and in effect at the time the work is carried out.
83. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and
paving specified by the Authority as being necessary, may, at the Authority's discretion,
36
be deferred until a later stage of the work on the development of the subdivision but
the developer shall deposit with the Authority before approval of his application, an
amount estimated by the Engineer as reasonably sufficient to cover the cost of
construction and installation of the works. In the later stage of the work of
development, the Authority shall call for tenders for the work of construction and
installation of the works, and the amount so deposited by the developer shall be applied
towards payment of the contract cost. If the contract cost exceeds the deposit, the
developer shall pay to the Authority the amount of the excess. If the contract price is
less than the deposit, the Authority shall refund the amount by which the deposit
exceeds the contract price. Any amount so deposited with the Authority by the
developer shall be placed in a separate savings account in a bank and all interest earned
thereon shall be credited to the developer.
84. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land
and upon request of the Authority, transfer to the Authority, at no cost
to the Authority, and clear of all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided
which are approved and designated by the Authority for public
uses as streets, or other rights-of-way, or for other public use;
(b)
all services or public works including streets, water supply and
distribution and sanitary an storm drainage systems installed in
the subdivision that are normally owned and operated by the
Authority.
(2)
Before the Authority shall accept the transfer of lands, services or public
works of any subdivision, the Engineer shall, at the cost to the
developer, test the streets, services and public works installed in the
subdivision and certify his satisfaction with their installation.
37
(3)
The Authority shall not provide maintenance for any street, service or
public work in any subdivision until such time as such street, service or public
work has been transferred to and accepted by the Authority.
85. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Authority is
satisfied that:
(a)
the lot can be served with satisfactory water supply and sewage
disposal systems, and;
(b)
satisfactory access to a street is provided for the lots.
86. Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of
building types and for landscaping in order to enhance the visual aspects of the
completed development and to make the most use of existing topography and
vegetation.
(2)
Building groupings, once approved by the Authority, shall not be
changed without written application to and subsequent approval of the
Authority.
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PART V - USE ZONES
87. 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 87(3), the permitted use classes, discretionary use
classes, standards, requirements and conditions applicable to each Use Zone are
set out in the Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone
are not set out in the Use Zone Tables in Schedule C, the Authority may in its
discretion, determine the standards, requirements and conditions which shall
apply.
88. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in
Schedule C shall be determined by the Authority in accordance with the classification
and examples set out in Schedule B.
89. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out
in the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in
that Use Zone.
39
90. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set
out in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone
if the Authority is satisfied that the development would not be contrary to the general
intent and purpose of these Regulations, the Municipal Plan, or any further scheme or
plan or regulation pursuant thereto, and to the public interest, and if the Authority has
given notice of the application in accordance with Regulation 32 and has considered any
objections or representations which may have been received on the matter.
91. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set
out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use
Zone.
40
NEWFOUNDLAND REGULATION 3/01
Development Regulations under the Urban and Rural Planning Act, 2000.
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. John's, January 2, 2001.
Minister of Municipal and Provincial Affairs
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
1. Short title
These regulations may be cited as the Development Regulations.
41
2. Definitions
In these regulations,
(a)
"Act", unless the context indicate otherwise, means the Urban and Rural
Planning Act, 2000;
(b)
"applicant" means a person who has applied to an authority for an
approval or permit to carry out a development;
(c)
"authority" means a council, authorized administrator or regional
authority; and
(d)
"development regulations" means these regulations and regulations
and by-laws respecting development that have been enacted by the relevant
authority.
3. Application
(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.
4. Interpretation
(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;
(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,
42
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)
deck line of a mansard roof, and
(iii)
mean height level between the eave
and the ridge of a gable, hip or gambrel roof, and in any case, a
building height shall not include mechanical structure,
smokestacks, steeples and purely ornamental structures above
a roof;
(e)
"building line" means a line established by an authority that runs
parallel to a street line and is set at the closest point to a street that a
building may be placed;
(f)
"discretionary use" means a use that is listed within the discretionary
use classes established in the use zone tables of an authority's
development regulations;
(g)
"established grade" means,
(i)
where used in reference to a building,
the average elevation of the finished surface of the ground
where it meets the exterior or the front of that building
exclusive of any artificial embankment or entrenchment, or
(ii)
where used in reference to a structure
that is not a building, the average elevation of the finished
grade of the ground immediately surrounding the structure,
exclusive of any artificial embankment or entrenchment;
(h)
"floor area" means the total area of all floors in a
building measured to the outside face of exterior walls;
(i)
"frontage" means the horizontal distance between side
lot lines measured at the building line;
(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;
(l)
"lot coverage" means the combined area of all building
on a lot measured at the level of the lowest floor above the established
grade and expressed as a percentage of the total area of the lot;
(m)
"non-conforming use" means a legally existing use that
is not .listed as a permitted or discretionary use for the use zone in
which it is located or which does not meet the development standards
for that use zone;
(n)
"owner" means a person or an organization of persons owning or having
the legal right to use the land under consideration;
(o)
"permitted use" means a use that is listed within the permitted use
classes set out in the use zone tables of an authority's development
43
regulations;
(p)
"prohibited use" means a use that is not listed in a use
zone within the permitted use classes or discretionary use classes or a
use that an authority specifies as not permitted within a use zone;
(q)
"sign" means a word, letter, model, placard, board,
device or representation, whether illuminated or not, in the nature of or
employed wholly or in part for the purpose of advertisement,
announcement or direction and excludes those things employed wholly
as a memorial, advertisements of local government, utilities and
boarding or similar structures used for the display of advertisements;
(r)
"rear yard depth" means the distance between the rear
lot line and the rear wall of the main building on a lot;
(s)
"side yard depth" means the distance between the side
lot line and the nearest side wall of a building on the lot;
(t)
"street" means a street, road, highway or other way
designed for the passage of vehicles and pedestrians and which is
accessible by fire department and other emergency vehicles;
(u)
"street line" means the edge of a street reservation as
defined by the authority having jurisdiction;
(v)
"use" means a building or activity situated on a lot or a
development permitted on a lot;
(w)
"use zone" or "zone" means an area of land including
buildings and water designated on the zoning map to which the uses,
standards and conditions of a particular use zone table apply;
(x)
"variance" means a departure, to a maximum of 10% from the yard,
area, lot coverage, setback, size, height, frontage or any other numeric
requirement of the applicable Use Zone Table of the authority's
regulations; and
(y)
"zoning map" means the map or maps attached to and forming a part
of the authority's regulations.
(2)
An authority may, in its discretion, determine the uses that may or may
not be developed in a use zone and those uses shall be listed in the authority's
regulations as discretionary, permitted or prohibited uses for that area.
5. Notice of right to appeal
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
(y)
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.
44
6. Appeal requirements
(1)
The secretary of the board at the Department of Municipal and
Provincial Affairs, Main Floor, Confederation Building (West Block), P.O. Box
8700, St. John's, Nfld., A1B 4J6 is the secretary to all boards in the province and
an appeal filed with that secretary within the time period referred to in
subsection 42(4) of the Act shall be considered to have been filed with the
appropriate board.
(2)
Notwithstanding subsection (1), where the City of Corner Brook, City of
Mount Pearl or City of St. John's appoints an appeal board under subsection
40(2) of the Act, an appeal shall be filed with the secretary of that appointed
board.
(3)
The fee required under section 44 of the Act shall be paid to the board
that hears the decision being appealed by filing it with the secretary referred to
in subsection (1) or (2) within the 14 days referred to in subsection 42(4) of the
Act.
(4)
The board that hears the decision being appealed shall, subject to
subsection 44(3) of the Act, retain the fee paid to the board.
(5)
Where an appeal of a decision and the required fee is not received by a
board in accordance with this section and Part VI of the Act, the right to appeal
that decision shall be considered to have been forfeited.
7. Appeal registration
(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 subsections 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 the appeal and the documentation related to the appeal.
(3)
Where an authority has been notified of an appeal that authority shall
forward to the appropriate board a copy of the application being appealed, all
correspondence, council minutes, plans and other relevant information relating
to the appeal including the names and addresses of the applicant and other
interested persons of whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of
the board shall publish in a newspaper circulated in the area of the appropriate
authority, a notice that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer
than 2 weeks before the date upon which the appeal is to be heard by the
board.
45
8. Development prohibited
(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
subsection (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.
9. Hearing notice and meetings
(1)
A board shall notify the appellant, applicant, authority and other
persons affected by the subject of an appeal of the date, time and place for the
appeal not fewer than 7 days before the date scheduled for the hearing of the
appeal.
(2)
A board may meet as often as is necessary to conduct its work in an
expeditious manner.
10. Hearing of evidence
(1)
A board shall meet at a place within the area under its jurisdiction and
the appellant and other persons notified under subsection 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 subsection 43(2) of the Act respecting
a visit to and viewing of a property shall be considered to have been provided in
the same manner as evidence directly provided at the hearing of the board.
(4)
In the conduct of an appeal hearing, the board is not bound by the rules
of evidence.
11. Board decision
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.
12. Variances
(1)
Where an approval or permit cannot be given by an authority because a
46
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.
13. Notice of variance
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.
14. Residential non conformity
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 to that building or structure.
15. Notice and hearings on change of use
Where considering a non conforming building, structure or development under
paragraph 108(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.
16. Non-conformance with standards
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.
47
17. Discontinuance of non-conforming use
An authority may make development regulations providing for a greater period of time
than is provided under subsection 108(2) of the Act with respect to the time by which a
discontinued non-conforming use may resume operation.
18. Delegation of powers
An authority shall, where designating employees to whom a power is to be delegated
under subsection 109(3) of the Act, make that designation in writing.
19. Commencement
These regulations shall be considered to have come into force on J
48
DEFINITIONS
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 is:
(a)
A detached subordinate building not used as a dwelling, located on the same lot as the
main building or use to which it is accessory, and which has a use which is customarily
incidental or complimentary to the main use of the building or land:
(b)
for residential uses such as domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for domestic
pets, or radio and television antennae,
(c)
for commercial uses such as workshops, garages, and
(d)
for industrial uses such as garages, offices, raised ramps and docks.
ACCESSORY DWELLING UNIT means a separate dwelling unit constructed within and subsidiary to
the main use. The main use shall not be a single dwelling, double dwelling, row dwelling, or
apartment building.
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.
ACT unless the context indicates otherwise, means the Urban and Rural Planning Act, 2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part for the
purposes of advertisement, announcement or direction; excluding such things employed wholly as
a memorial, or functional advertisement of Councils, or other local authorities, public utilities and
public transport undertakers, and including any boarding or similar structure used or adapted for
use for the display of advertisements.
AGRICULTURE means an agricultural operation that is carried on for commercial gain and
includes:
(a) the clearing, draining, irrigating or cultivation of land,
(b) the raising of livestock, including poultry,
(c) the raising of fur-bearing 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,
(g) the production of eggs and milk,
(h) the operation of agricultural machinery and equipment, including irrigation,
49
(i) storage, use or disposal of organic wastes (manure) for farm purposes, and
(j) any other agricultural activity or process prescribed by Provincial regulation that
is carried on for 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.
ANTENNA means a system that involves the transmission or receiving of data through radio
waves, air monitoring, weather collection devices or other sources, typically forming part of a
mast or tower which may be several hundred metres tall, either guyed or freestanding. Small
monitoring structures are typically located near the base.
APARTMENT BUILDING means a building containing three or more dwelling units, but does not
include a row dwelling or a single dwelling with a subsidiary apartment.
APPLICANT means a person who has applied to Council for approval to carry out development.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic arteries of
the area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map.
APPROVAL IN PRINCIPLE means that Council when considering a development application shall
evaluate the application to the development requirements within the Town. If the proposed
development meets the development requirements of the Town an approval in principle maybe
given to the application. Final approval and issuance of a permit to commence development are
subject to the agreement by the applicant to meet specified conditions as outlined by Council.
AUTHORITY means the Town Council of Pouch Cove, authorized administrator or regional
authority.
BACKLOT means a lot characterized by the location of the residential lot generally at the rear of
another residential lot, or otherwise separated from the public street which provides access,
and by a narrower area extending from the rear residential lot to the public street.
BED AND BREAKFAST means a detached dwelling occupied by the property owner or the bed
and breakfast host as a primary residence in which overnight accommodation and a breakfast
50
meal are offered to registered guests for a fee. A Hospitality Home shall have the same
meaning.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to persons
other than the immediate family of the owner or tenant.
BUFFER means a formation of land or natural growth such as a berm, row of trees or shrubs,
hedge, fence, or distance separation that provides a barrier between incompatible sites, uses or
land use districts.
BUILDING means:
(a)
a structure, erection, excavation, alteration or improvement placed on, over or under land,
or attached, anchored or moored to land; mobile structures, vehicles and marine vessels
adapted or constructed for residential, commercial, industrial and other similar uses;
(b)
a part of and fixtures on buildings referred to in (a) and (b), and
(c)
an excavation of land whether or not that excavation is associated with the intended or
actual construction of a building or thing referred to in subparagraphs (a) to (c).
BUILDING HEIGHT means the vertical distance, in metres, from established grade to the:
a)
highest point of the roof surface of a flat roof;
b)
deck line of a mansard roof; and
c)
mean height level between the eave and ridge of a gable, hip or gambrel roof.
In any case, a Building Height shall not include mechanical structures, smokestacks, steeples, and
purely ornamental structures above a roof.
BUILDING LINE means a line established by the Council that runs parallel to the street line and is
set at the closest point to a street that a building may be placed. A corner lot is deemed to have
a building line setback on both the primary and flanking streets.
CHILD CARE FACILITY means a building or part of a building in which services and care are regularly
51
provided to children or adults, but does not include a school as defined by the Schools Act, 1997.
COLLECTOR STREET means a street that is designed to link local streets with arterial streets and
which is designated as a collector street in the Municipal Plan, or on the Zoning Map.
CORNER LOT means a lot deemed to have street frontages on both a primary and a flanking
(secondary) street.
CORNER LOT SIGHT TRIANGLE means a corner lot, a fence, sign, hedge, shrub, bush or tree or
any other structure or vegetation shall not be erected or permitted to grow to a height greater
than 1 metres above grade of the streets that abut the lot within the triangular area included
within the street lines for a distance of 6 metres from the point of intersection.
COUNCIL means the Municipal Council of the Town of Pouch Cove.
DEVELOPMENT means the carrying out of building, engineering, mining or other operations in, on,
over, or under land, or the making of a material change in the use, or the intensity of use of land,
buildings, or premises and the:
(a)
making of an access onto a highway, road or way,
(b)
erection of an advertisement or sign,
(c)
construction of a building,
(d)
the parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or
as an office, or for living accommodation, and excludes,
(e)
the 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)
the 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)
the carrying out by a local authority or statutory undertaker of works for the purpose of
inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus,
including the breaking open of streets or other land for that purpose,
(h)
the use of a building or land within the courtyard of a dwelling house for a purpose
incidental to the enjoyment of a dwelling house as a dwelling.
(i)
the creation of a pedestrian or vehicular road, lane, driveway or trail by means of
clearing land or disturbing the natural ground surface and/or vegetation, as well as
erecting bridges, curbs, steps, rails, signs or installing culverts.
DEVELOPMENT AGREEMENT means a written agreement between the municipality and a
developer which establishes particular circumstances and conditions under which a
development may be carried out.
DEVELOPMENT REGULATIONS means Regulations and by-laws respecting development that
have been enacted by Council.
52
DISCRETIONARY USE means a use that is listed within the discretionary use classes established
in the use zone tables of the Council's Development Regulations.
DOUBLE DWELLING means one building containing two dwelling units, placed one above the other,
side by side, or joined by a carport with separate lot areas dedicated to each unit, but does not
include a single dwelling containing a subsidiary apartment.
DRAINAGE PLAN means a report, prepared by a professional person such as an engineer, based
on a bio-physical assessment of a residential subdivision lot(s) to determine how surface water
catchment will be managed, controlled and mitigated so as to not cause water runoff to
adjoining land.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used or
designed as the living quarters for one or more persons.
ECOSYSTEM means a biological community of interacting organisms and their physical
environment functioning as an ecological unit.
ENGINEER means an engineer who is a member of the Association of Professional Engineers and
Geoscientists of Newfoundland, employed or retained by the Council.
ESTABLISHED BUILDING LINE means the average distance from the street line of existing
buildings in any block where more than half the frontage has been
built upon in the past.
ESTABLISHED GRADE means:
a)
where used in reference to a building, the average elevation of
the finished surface of the ground where it meets the exterior
of the front of that building exclusive of any artificial
embankment or entrenchment;
b)
where used in reference to a structure that is not a building,
the average elevation of the finished grade of the ground
immediately surrounding the structure, exclusive of any
artificial embankment or entrenchment.
FAMILY CHILD CARE USE means a building or part of a building in which services and activities are
regularly provided for up to six (6) children as defined in the Child Care Act, 2014, but do not include
a school as defined by the Schools Act, 1997.
53
FLANKING STREET means the secondary street bordering a corner lot.
FLOODWAY means the inner portion of a flood risk area where the risk of flood is greatest, on
average once in twenty years and where the flood depths and water velocities are greatest.
FLOODWAY FRINGE means the outer portion of a flood risk area, between the floodway and the
outer boundary of the flood risk area, where the risk of flooding is lower, on average once in
one hundred years, and flood waters are shallower and slower.
FLOOD PROOFING means structural and/or non-structural measures incorporated in the design
of a building or structure which reduce or eliminate the risk of flood damage by ensuring that
the ground floor elevation is higher than the projected flood level and that the building can be
exited without hindrance in the event of a flood.
FLOOR AREA means the total area of all floors of a building measured to the outside face of exterior
walls.
FORESTRY means the use of land for the purpose of forest and woodland management including
the felling, cutting, trimming and thinning of forest or woodland for the extraction of timber, and
includes reforestation and silviculture.
FRONTAGE means the horizontal distance between side lot lines measured at the building line.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front wall of
the main building on the lot.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GENERAL GARAGE means land or buildings used for the repair, maintenance and storage of motor
vehicles and may include the sale of petroleum products.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, preparing, processing, testing, salvaging, breaking
up, demolishing, or treating any article, commodity or substance, and "Industry" shall be construed
accordingly.
GROUP CHILD CARE USE means a building or part of a building in which services and activities are
54
regularly provided for seven (7) or more children as defined in the Child Care Act, 2014, but do not
include a school as defined by the Schools Act, 1997.
GROUP HOME means a dwelling unit accommodating not more than 6 persons, exclusive of staff,
in a home-like setting where staff provide care and supervision. This definition includes, but is not
limited to, the facilities called "Transition House" and "Foster Home".
HABITAT means the natural home or environment for the life and growth of an animal, plant or
other organism.
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.
HOBBY FARM means a small-scale farm plot or kitchen garden or barn associated with a
residence for bee keeping, keeping of livestock, growing root crops, or other agriculture
uses including the sale of agricultural products beyond personal use.
HOME OCCUPATION means a secondary use of a dwelling unit or its accessory building by at least
one of the residents of such dwelling unit to conduct a gainful occupation or business activity, and
subsidiary to a residential use. Also referred to as a "Home based Business", and classified as an
"Office" use.
HOME OFFICE means a secondary use of a dwelling unit by at least one of the residents of such
dwelling unit to conduct a gainful occupation or business activity with such occupation or business
activity being restricted to office uses which do not involve visitation by clients, customers, or the
general public to the site, nor the employment of non-residents, and subsidiary to a residential use.
Also referred to as a "Home Based Business", and classified as an "Office" use.
HOSPITALITY HOME means a dwelling unit in which at least 2 rooms are regularly rented, and
includes the uses commonly referred to as "Bed and Breakfast", and "Boarding House".
INFILL LOT means a typical empty lot between existing dwellings on a residential street. An infill lot
may also mean land available between existing buildings.
INSPECTOR means a person appointed as an inspector by the Council.
LAND includes land covered by water, and buildings and structures on, over, or under the soil and
55
fixtures that form part of those buildings and structures.
LANDSCAPING means the development of land by altering the topography and ground cover and
may include the use of turf, plants, shrubs, trees, retaining walls and fences.
LANDSCAPE PLAN means a two dimensional scaled concept plan showing the land or lot
boundaries which would include proposed development of the land by using turf, plants, shrubs,
trees, retaining walls and fences for aesthetic or practical purposes. A Landscape Plan may include,
but not limited to, the arrangement or modifying land features, such as tree retention or planting,
garden edging or retaining, planting, screening, fencing or earthwork (alteration or drainage).
LIGHT INDUSTRY means the use of land or buildings for 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 OPERATION means a livestock operation of agricultural animals confined in one
location which consists of 5 or more animal units at a given point in time.
LOCAL STREET means a street designed primarily to provide access to adjoining land and which
is not designated as a collector street or arterial street in the Municipal Plan, or on the Zoning
Map.
LOT means a plot, tract or parcel of land that can be considered as a unit of land for a particular use
or building.
LOT AREA means the total horizontal area within the lines of a lot.
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.
Lot coverage = Area of A + Area of B
Lot area
LOT FRONTAGE means the horizontal distance
between side lot lines measured at the building line
(the distance between points A and B in illustration at
56
right).
LOT LINE, REAR means the lot line on the opposite side of the front lot line.
LOT LINE, SIDE means the lot lines perpendicular to the front and rear lot lines.
LOT LINE, FLANKING means a lot line which abuts the street on a corner lot.
MINERAL WORKING means land or buildings used for the working, stockpiling or extraction of rock,
mineral, peat or aggregate material, and will include a "quarry".
MINI HOME means a factory produced single dwelling complying with the National Building Code
and having the appearance of a mobile home.
MINISTER shall mean the Minister of Municipal Affairs and Environment, unless otherwise
specified.
MODULAR HOME means a residential dwelling built in modules in a factory complete with
kitchen, bedrooms, bath, etc, as may be pre-set in a house and transported to the building site
for joining and placement on a foundation. Modular home construction shall conform to the
National Building Code and the Town of Pouch Cove Development Regulations.
MUNICIPAL PLAN means a plan adopted by the Council as a Municipal Plan pursuant to the
Urban and Rural Planning Act, 2000.
NATURAL ENVIRONMENT means living and non-living things occurring naturally in a region. It
encompasses the interaction of all living species, climate, weather, and natural resources.
NATURAL RESOURCES means materials or substances such as minerals, forests, water, and
fertile land that occur in nature and may be used for economic gain.
NON-CONFORMING USE means a legally existing use that is not listed as a permitted use or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone.
OWNER means a person or an organization or persons owning or having legal right to use the land
under consideration.
57
PERMIT TO DEVELOP means the general term referring to all permits or licenses approved by
Council and shall include all conditions, agreements or provisions attached thereto.
PERMITTED USE means a use that is listed within the permitted use classes set out in the use zone
tables of these Development Regulations.
PLANNING AREA means a regional planning area and a municipal planning area established under
section 6 and 11 of the Act. For the purpose and context of these regulations, the Planning Area
shall mean the area within the municipal boundaries of the Town of Pouch Cove.
PRIMARY STREET means the street on which a development fronts and is referenced in the civic
address.
PRIVATE ROAD (SHARED DRIVEWAY) means a roadway within private property that are
privately owned, maintained and used for vehicular travel by the owner and those having
express or implied permission from the owner, but not other persons. Their main function is to
provide access to the private land. Most private roads are not designed to the same standards
as public streets.
PROHIBITED USE means a use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that Council specifies as not permitted within a use zone.
PUBLIC STREET means a main road or thoroughfare owned and maintained by the Authority, such
as a provincial highway or local street, available to the public for pedestrian use or vehicular
transportation.
REAR YARD DEPTH means the mean distance between the rear lot line and the rear of the main
building on the lot.
RECREATION (Passive) means outdoor recreational activities, such as nature observation, hiking,
and canoeing or kayaking, that require a minimum of facilities or development and that have
minimal environmental impact on the landscape.
RECREATION (Outdoor) means the use of land for parks, playgrounds, tennis courts, lawn
bowling greens, athletic fields, golf courses, picnic areas, swimming pools, day camps, walking
trails, and similar uses.
RESERVATION means a distance 15 metres from the high water mark of a lake, pond, river, or
seashore or foreshore, restricted from development and forming an easement for public access
58
and movement as required by the Lands Act, 1991. Council may also determine the Reservation
of the East Coast Trail as a distance from either side of the Trail restricted from development.
RESTAURANT means a building or part of a building, licensed for the purpose of serving meals and
includes a "Snack Bar".
ROW DWELLING means three or more dwelling units at ground level in one building, each unit
separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
SCREENING means a fence, berm, trees, hedge, wall or building used to separate areas or
functions which detract from the appearance of the streetscape and the view from the
surrounding areas.
SERVICE STATION means a building, including gas pumps, used for the sale of petroleum products,
and may include general merchandise, minor automotive repairs, and washing of vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the
purpose of limiting direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary purpose is the
selling or offering for sale of goods, wares or merchandise by retail or the selling or offering for
sale of retail services but does not include an establishment wherein the primary purpose is the
serving of meals or refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE means a group of retail stores with integrated parking which is planned,
developed and designed as a unit containing a minimum of 5 retail establishments.
SHOWROOM means a building or part of a building in which samples or patterns are displayed and
in which orders may be taken for goods, wares or merchandise, including vehicles and equipment,
for later delivery.
SIDEYARD WIDTH 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
59
not, in the nature of or employed wholly or in part for the purpose of advertisement,
announcement, or direction and excludes those things employed wholly as a memorial,
advertisements or local government, utilities and boarding or similar structures used for the display
of advertisements.
SINGLE DWELLING means one building containing a single dwelling unit for the use of one family,
placed on its own lot, and can include a subsidiary apartment.
SITE PERMIT means a permit issued by the Town of Pouch Cove for any earth disturbance or
other earthwork including, but not limited to, clearing and grubbing, grading, excavations,
embankments, land development, road maintenance, and the moving, depositing, stockpiling or
storing of soil, rock, or earth materials.
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.
STREET LINE means the edge of the right of way of a street reservation as defined by the authority
having jurisdiction.
STREET RESERVATION means an area determined by Council that
is reserved for a street, a future street or future street
improvements.
SUBDIVISION means the dividing of land, whether in single or
joint ownership, into 2 or more pieces which conforms to these
Regulations.
SUBDIVISION (RESIDENTIAL) means a concept proposal approved by Council to subdivide
property into residential lots subject to conditions outlined in a development agreement. It
generally shows topographic information and natural features, such as rivers and vegetation.
The concept proposal will also identify proposed residential lots which may typically require
infrastructure such as streets drainage, culverts pavement, sidewalks and curbs.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary to a
single dwelling.
TAKE-OUT FOOD means a building in which the primary purpose is the preparation and sale of
meals and refreshments for consumption off the premises.
60
TINY HOUSE means a residential single dwelling unit intended for year-round use designed to be
used with a permanent foundation and has permanent provisions for living, sleeping, eating,
cooking and sanitation, typically with a maximum floor area of 50m2 (approximately 538 sq. ft.).
Tiny houses shall be constructed to the requirements of the National Building Code.
TINY HOUSE SUBDIVISION means a concept proposal, approved by Council to subdivide
property into a minimum of eight (8) or more tiny house residential lots subject to conditions
outlined in a development agreement. It generally shows topographic information and natural
features, such as rivers and vegetation. The concept proposal will also identify proposed
residential lots which may typically require infrastructure such as streets drainage, culverts
pavement, sidewalks and curbs.
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.
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
Council's regulations.
YARD means an open uncovered space on a lot appurtenant to a building (except a court) and
unoccupied by buildings or structures except as specifically permitted elsewhere in these
Regulations.
YARD, REAR means the distance between the rear lot line and the rear wall of the main building
on a lot.
YARD, SIDE means the distance between the side lot line and the nearest side wall of a building
on the lot.
YARD, FRONT means the distance between the front lot line of a lot and the front wall of the
main building on the lot.
YARD, FLANKING means the side yard of a corner lot which side yard extends from the front
yard to the rear yard between the flanking lot line and the nearest main wall of any main
building or structure
61
YARD, ABUTTING means the yard of an abutting lot which shares a lot line of subject property.
ZONING MAP means the map or maps attached to and forming part of the Town of Pouch Cove
Development Regulations.
62
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
USES
1. Assembly Uses for the
production and viewing of
performing arts.
(a) Theatre
Motion Picture Theatres
T.V. Studios admitting an audience.
2. General Assembly Uses
(a) Cultural and
Civic
Libraries
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(b) General
Assembly
Community Halls
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowling Alleys
(c) Educational
Schools
Colleges (non- residential)
(d) Place of
Worship
Churches and places of worship.
Church Halls
(e) Passenger
Assembly
Passenger Terminals
(f) Club and Lodge
Private Clubs and
Lodges (non-residential)
(g) Catering
Restaurants
Bars
Lounges
(h) Funeral Home
Funeral Homes and Chapels
(i) Child Care
Day Care Centres
(j) Amusement
Electronic Games Arcades
Pinball Parlours
Poolrooms
63
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
USES
(continued)
3. Arena-type Uses
(a) Indoor
Assembly
Arenas
Armouries
Ice Rinks
Indoor Swimming Pools
Gymnasium
Community/Fitness Centre
4. Open-air Assembly Uses
(a) Outdoor
Assembly
Bleachers and Grandstands
Outdoor Concert Area
Outdoor Ice Rinks
Swimming Pools
Amusement Parks
Fair-grounds/Exhibition Grounds
Splash Pad
Playground
Outdoor Play Courts
Camping Grounds
R. V. Camping Parks
Tourist cabins (rental)
B. INSTITUTIONAL
USES
1. Penal and Correctional
Institutional Uses
(a) Penal and
Correctional
Detention
Jails
Penitentiaries
Police Stations (with detention
quarters)
Prisons
Psychiatric Hospitals (with
detention quarters)
Reformatories
2. Special Care
Institutional Uses
(a) Medical
Treatment
and Special
Care
Children's Homes
Convalescent Homes
Homes for Aged
Hospitals
Infirmaries
Orphanages
Psychiatric
Hospitals
Sanatoria
C. RESIDENTIAL
USES
1. Residential
Dwelling
Uses
(a) Single
Dwelling
Single Detached Dwellings
Family & Group Homes
(b) Double
Dwelling
Semi-detached Dwelling
Duplex Dwellings
Family & Group Homes
In-Law Suites
(c) Multi-
Dwelling
Row Houses
Town Houses
Triplex Dwellings
Family & Group Homes
(d) Apartment
Building
Apartments
Family & Group Homes
64
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDENTIAL
USES
(continued)
2. General Residential Uses
(continued)
(a) Collective
Residential
Residential
Colleges & Schools
University & College Halls
of Residence
Convents & Monasteries
Nurses and Hospital Residences
(b) Boarding House
Residential
Boarding House
Lodging House
Bed and Breakfast
Hospitality Home
(c) Commercial
Residential
Hotels & Motels
Hostels
Residential Clubs
(d) Seasonal
Residential
Summer Homes & Cottages
Hunting & Fishing Cabins
(e) Mobile Homes
Mobile Homes
(f) Tiny House
Tiny House
D. BUSINESS
& PERSONAL
SERVICE
USES
1. Business, Professional, and
Personal Service Uses
(a) Office
Offices (including Government
Offices)
Banks
(b) Medical &
Professional
Medical Offices
and Consulting Rooms
Dental Offices & Surgeries
Legal Offices
Similar Professional Offices
(c) Personal
Service
Barbers
Hairdressers
Beauty Parlours
Small Appliance Repairs
Pet Grooming
(d) General
Service
Self-service Laundries
Dry Cleaners (not using flammable
or explosive substances)
Small Tool and Appliance Rentals
Travel Agents
65
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
PERSONAL
SERVICE
USES
(continued)
1. Business,
Professional
& Personal
Service Uses
(continued)
(e) Communica-
tions
Radio Stations
Telephone Exchanges
(f) Police Station
Police Stations
(g) Taxi Stand
Taxi Stands
(h) Take-out
Food Service
Take-out Food
Service
(i) Veterinary
Veterinary Surgeries
E. MERCANTILE
USES
1. Retail Sale and
Display Uses
(a) Shopping
Centre
Shopping Centres
(b) Shop
Retail Shops, Stores and Showrooms
Department Stores
Pharmacy and drugstore
(c) Indoor Market
Market Halls
Auction Halls
(d) Outdoor
Market
Market Grounds
Animal Markets
Produce and Fruit Stands
Fish Stalls
Sale of Firewood
Sale of Garbage Box
Sale of New or Used Automobiles
Sale of recreational trailers
(e) Convenience
Store
Confectionary Stores
Corner Stores
Gift Shops
Specialty Shops
F. INDUSTRIAL
USES
1. Industrial uses involving
highly combustible and
hazardous substances and
processes.
(a) Hazardous
Industry
Bulk Storage of hazardous
liquids and substances.
Chemical Plants
Distilleries
Feed Mills
Lacquer, Mattress, Paint, Varnish,
and
Rubber Factories
Spray Painting
66
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
USES
(continued)
2. General Industrial Uses
involving Limited
Hazardous Substances and
Processes.
(a) General
Industry
Factories
Cold Storage Plants
Freight Depots
General Garages
Warehouses and Workshops
Laundries
Planing Mills
Printing Plants
Contractors' Yards
Outdoor Storage
Heavy Equipment Storage
Water Treatment Plant/Pump house
(b) Service Station
Gasoline Service Stations/Auto
Repair Garage
Gas Bars
3. Light, Non-hazardous or
Non-intrusive Industrial Uses.
(a) Light Industry
Light Industry
Parking Garages
Indoor Storage
Warehouses and Workshops
Storage Units (rental)
G. NON-BUILDING
USES
1. Uses not directly related to
building.
(a) Agriculture
Commercial Farms
Hobby Farms/Traditional
Agriculture
Market Gardens & Nurseries
(b) Forestry
Tree Nurseries
Silviculture
(c) Mineral
Working
Quarries and Pits
Mines
Oil Wells
(d) Recreational
Open Space
Playing Fields and Sports
Grounds
Parks and Playgrounds
Trails/Rest Areas
Outdoor Adventure (zip lining)
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural, Historical and
Scenic Sites
Steep Slopes
Wildlife Sanctuaries
(f) Cemetery
Cemeteries and Graveyards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
(h) Wind Power
Wind Turbine(s)
67
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G. NON-BUILDING
USES
(continued)
1. Uses not directly related to
building.
(h) Solid Waste
Solid Waste Disposal
Sanitary Land Fill
Incinerators
(i) Animal
Animal Pounds
Kennels
Zoos
Dog Grooming
(j) Antenna
TV, Radio and Communications
Transmitting, Receiving Masts and
Antennae
(k) Transportation
Airfields
Railway Yards
Docks, Wharves and Harbours
(l) Sewerage
treatment
Sewerage Treatment Plant
Sewerage Outfall
68
TOWN OF POUCH COVE
SCHEDULE "C"
STANDARD CONDITIONS FOR ALL USE ZONES
The following conditions shall apply to all use zones listed under these Development
Regulations.
1. General Development Regulations
An Approval in Principle or a Permit to Develop shall not be issued until the
development application has been reviewed for compliance with the General
Development Regulations, Parts I-V.
2. Interpretation of Zone Boundaries
Where possible the boundaries of the use zones follow identified features such as
streets, fences, watercourses, transmission lines, or lot lines. Where there is any
uncertainty, contradiction, or conflict concerning the intended location of a zoning
boundary, the Authority shall interpret the exact location of the zoning boundary in a
manner that is consistent with the intent and policies of the Municipal Plan without
amendment to the Land Use Zoning Map.
3. Discretionary Uses
The discretionary uses listed in the use zone tables may be permitted at the discretion
of Council, provided that they are complimentary to uses within the permitted use class,
or that their development will not inhibit or prejudice the existence or the development
of such uses. Reference should be made to the General Development Standards.
4. Referrals - General Approvals by Provincial and Federal Government Agencies and
Departments
Prior to the issuance of a development permit for the foregoing developments,
approvals must be obtained from the various agencies noted below:
a)
Agriculture and Farming
Approvals must be obtained from the Department of Fisheries and Land Resources for
any commercial farming operation. Service NL must approve all manure systems.
69
b)
Crown Land
Approvals must be obtained from the Crown Lands Administration Division,
Department of Fisheries and Land Resources. Applications are made to the Eastern
Regional Lands Office, Howley Building, Higgins Line.
c)
On-Site Services (Well and Sub-Service Systems)
Approvals involving installation of on-site water and sewer systems must be obtained
from the Service NL.
d)
Environmental Assessment
Approvals for any development that may have an environmental impact must be
referred to Environmental Assessment, Service NL, and/or the Pollution Preventions
Division, Department of Municipal Affairs and Environment.
e)
Forestry
Permits for commercial and domestic woodcutting or other forestry related activities
must be obtained from the Department of Department of Fisheries and Land
Resources, Forest Management Unit 1, Paddy's Pond.
f)
Mineral Workings, Mining and Mineral Exploration
Approvals and permits involving mining and quarrying and other development
proposed to take place within 50 metres of a reserved sand or gravel pit or quarry;
within 300 metres of an operational sand or gravel pit or quarry; or within 1000 meters
of a quarry in which blasting may take place; must be obtained from the Department
of Natural Resources, Mineral Lands Division.
g)
Archaeology Discovery and Heritage Preservation
Site excavation or development near any established heritage site, artifacts or physical
structures found of a historical nature shall be reported to the Provincial Archaeology
Office, Department of Tourism, Culture, Industry and Innovation.
h)
Waterways and Watersheds
Any development within a body of water or near the designated Watershed, involving
alteration of a body of water must be approved or exempted by the following
agencies:
i)
Provincial
Department of Municipal Affairs and Environment, Water Resources Division - for any
development within fifteen (15) metres of a body of water or the defined high water
mark of a body.
70
j)
Federal
Department of Fisheries and Oceans
Coast Guard Canada - Navigable Waters Act.
Fish Habitat Division
5. Development Over Easements
No permanent building shall be constructed over any known easement, whether that
easement has been assigned to the Town of Pouch Cove, a department of the provincial or
federal government, or any utility company (ie: Newfoundland Power, telephone, cable
television, Crown land). Permanent buildings include, but are not limited to, all dwellings
and accessory buildings.
6. Conservation of Natural Environment and Aesthetic Areas
Council may require agreements with developers and property owners aimed at preserving
sensitive environmental areas and natural scenic areas. These areas may include sensitive
vegetation, fish habitat, or water quality. Such agreements may include provisions such as
designating of local conservation areas, maintenance of tree cover and maintenance of tree
cover along rear yards, rivers, streams and shorelines.
7. Shoreline Buffers
Generally, no development will be permitted within 15 metres of rivers or streams, or
shoreline of lakes and ponds. Certain public works and passive recreational open space uses
may be permitted as long as they will not be detrimental to the environmental and aesthetic
quality of the area. Development of these areas will be subject to the approval of the
federal Department of Fisheries and Oceans, and/or the provincial Department of Municipal
Affairs and Environment.
8. East Coast Trail and Municipal Walking Trails
Existing tree cover, vegetation and plant life within 15 metres of both sides of the East Coast
Trail will be maintained to preserve the natural and aesthetic quality of the corridor.
Council may, under its discretionary authority, allow development within the 10 metre to 15
metre portion of the buffer, provided a landscaping plan has been submitted and approved
by Council, and the development will not negatively impact the trail. Council may also
require the maintenance of existing vegetation, or the re-planting of appropriate vegetation,
within the established corridor for walkways developed by the Town of Pouch Cove.
9.
Transmission Lines and Power Corridor Easements
Transmission lines and power corridor easements shall be permitted in all land use zones.
71
10. Transportation Uses
Transportation uses such as roads associated with the construction and maintenance of
transmission lines and power lines and other permitted or discretionary uses associated
within the land use zone shall be at the discretion of Council.
11. Land Use Zones
The schedule contains tables for the following Use Zones:
Land Use Zone
Abbreviation
Page
Residential -1
R-1
71
Residential -2
R-2
79
Residential -3
R-3
87
Mixed Development
MD
95
Commercial General
CG
102
Industrial Marine
IM
106
Public Buildings
PB
109
Recreation Open Space
ROS
112
Recreation Park
RP
114
Conservation
CON
116
Rural
RUR
118
Mineral Working
MW
122
Agriculture
AG
128
Cemetery
CM
129
Watershed
WAT
130
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USE ZONE TABLE
ZONE TITLE RESIDENTIAL (R-1)
PERMITTED USE CLASSES - (see Regulation 89)
Single dwelling, double dwelling, triplex, recreational open space.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Apartment building, tiny house (subdivision) see condition, place of worship, educational, convenience
store, child care, home businesses (office, medical and professional service, personal service, and
light industry uses - see condition), boarding house residential (bed and breakfast only), special care
institutional uses (see condition), shop, cemetery, utilities, traditional agriculture (see condition) and
antenna.
STANDARDS
Single
Dwelling
Double
Dwel-
ling
Row
Dwelling
APARTMENT BUILDING
1
Bed
Apt.
2
Bed
Apt.
3
Bed
Apt.
4
Bed
Apt.
Lot area (m²) minimum
450
390*
350*
(average)
200*
250*
280*
300*
Floor area (m²) minimum
50
50*
50*
40*
50*
60*
70*
Frontage
15
26
36
Minimum Frontage at Front
Lot Line
10
Building Line Setback (m)
(minimum)
6
6
6
8
Building Line Setback (m)
(maximum)
30
30
30
30
Sideyard Width (m)(min.)
Major and Minor
3 and 1.5
3
3
3
Rearyard Depth (m)(min.)
12
12
12
12
Lot Coverage (%)(max.)
33
33**
33**
33**
Height (max.)
8
8
10
10
(See Conditions)
* Per dwelling unit
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CONDITIONS FOR RESIDENTIAL (R-1) ZONE
1.
Subsidiary Apartments
(a) One subsidiary apartment may be permitted in a single dwelling.
(b) For the purpose of calculating lot area and yard requirements, the apartment shall be
considered part of the single dwelling.
(c) For the purpose of calculating lot area and yard requirements, the apartment shall be
considered part of the single dwelling.
(d) Two off street parking spaces shall be required for the apartment.
(e) The minimum floor area required is 40 m2 for a one bedroom subsidiary apartment, plus
10 m2 for each additional bedroom.
(f) For lots without municipal water and sewer services, the Service NL shall determine
water and sewerage disposal requirements and a permit will be issued subject to its
approval.
2.
Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have two street
frontages and shall be required to maintain the minimum building line setback on both the
primary and flanking streets as prescribed in the use zone table.
3.
Building Line
The Building Line is an arbitrary line running parallel to the street line and is set at the
closest point to a street that a building may be placed as measured from the front lot line. A
corner lot is deemed to have a building line setback on both the primary and flanking
streets.
4.
Discretionary Uses Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are compatible or complementary to uses within the permitted
use classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
5.
Dwelling Frontage
The front wall of a dwelling shall be parallel to the street on which it is fronting and has a
civic number.
74
6.
Special Care Institutional Uses
(a)
Special Care Institutional Uses shall only be permitted at the discretion of
Council.
(b)
Special Care Institutional Uses shall be limited to apartment style residence for
seniors and homes for the aged.
(c)
One off-street parking space shall be provided for every dwelling unit.
7.
Accessory Buildings (see also Regulation 38, Part II - General Development Standards)
Accessory Building Development Standards
Standards
1,860m2
1,861m2 to 4,050m2
larger than
4,050m2
Max. Floor Area
90m2
110m2
9% of total lot size
Max. Height
6.0m
7.5m
8.0m
Min. Side Yard & Rear Yard
1.5m
Min. Distance from Another
Building
2.4m
Min. Distance from a Utility
Easement
1.5m
(a)
No accessory building shall be larger in area and height than the main residential
dwelling.
(b)
Accessory buildings shall located be on the same lot as the residential dwelling
and shall be clearly incidental and complementary to the main use of the
residential dwelling in character, use, style and exterior finish unless in
conformity with Regulation 38(4), Part II - General Development Standards.
Accessory buildings shall be located so as to minimize any visual impacts on
adjoining properties.
(c)
Residential lots may have more than one accessory building provided that the
maximum combined floor area of all buildings shall not be greater than the
maximum area set out in the table above.
(d)
An accessory building may be permitted in front of a building line if the lot has
physical features that prohibit the development in the rear or side yard of the
lot (see also Regulation 38(4), Part II - General Development Standards).
(e)
Where it can be clearly demonstrated that a need exists for a larger accessory
building, Council shall have discretion where the proposed accessory building
will exceed the maximum floor area and height as indicated in the table above.
(f)
School buses, semi-trailers, ISO sea/shipping/freight containers or other vehicle
body types shall be prohibited from being used as accessory buildings.
75
8.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site occupied by
a permitted use or a legal non-conforming use shall be as follows:
(a) The size, shape, illumination and material construction of the advertisement shall meet
the requirements of Council, having regard to the safety and convenience of users of
adjacent streets and sidewalks, and the general amenities of the surrounding area.
(b) No advertisement shall exceed 3 m2 in area.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
9.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a use
permitted in this or another zone, or not relating to a specific land use, shall be as follows:
(a) No advertisement shall exceed 3 m2 in area.
(b) When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to, the premises to which they relate.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
(d) The location, siting and illumination of each advertisement shall be to the satisfaction of
Council, having regard to the grade and alignment of streets, the location of street
junctions and nearby buildings, and amenities of the surrounding area.
10.
Place of Worship and Educational Use
Where permitted, a place of worship and an educational use shall conform to the frontage,
building line setback, sideyard, rearyard, lot coverage and height requirements specified for
a single dwelling. The only educational uses that may be permitted on a discretionary basis
are elementary and junior high schools.
11.
Convenience Store
Convenience stores will only be permitted as a discretionary use under the following
conditions:
(a)
Convenience Store may form part of the residential dwelling or be a stand alone
building.
(b)
The retail use shall be subsidiary to the residential character of the area, and shall
not affect residential amenities of adjoining properties.
(c)
Adequate provision for on-site parking, loading, buffering and landscaping.
76
12.
Home Businesses - Office, Medical and Professional Service, Personal Service, and
Light Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling consisting of an
occupation or profession which generates revenue for the resident.
Office, medical and professional service, personal service, and light industry uses may be
permitted provided they are carried out as home occupations, businesses operated in
the dwelling, or in a building subsidiary to the dwelling on the same lot, by the
occupants of the dwelling, and meet the following requirements.
(a)
Office uses shall be limited to small business services and professional offices;
(b)
Light Industry uses shall be limited to fabrication for the production of
handmade articles such as clothing, and arts and crafts objects;
(c)
The use is clearly subsidiary to the residential use, does not alter the residential
character of the dwelling unit, and does not detract from the residential chara-
cter of the neighbourhood.
(d)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the approved use, no repairs to vehicles or heavy
equipment are carried out.
(e)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust, fumes, or inconvenience to occupants of
adjoining residences.
(f)
Activities associated with the use shall be carried on inside the dwelling or in a
building separate from the dwelling.
(g)
One building only, separate from the dwelling, may be used in connection with a
light industrial use and service use and shall conform to the Accessory Buildings
condition height and floor area limit for this zone; child care use shall be carried
out in the dwelling unit or be attached to the dwelling unit.
(h)
Except for child care, no more than 30% of the total floor area of the dwelling is
devoted to the use.
(i)
The use shall not generate traffic, parking, sewage or water use in excess of
what is normal in the residential area.
(j)
The residential lot has sufficient area to accommodate the parking requirements
of the dwelling unit and the home occupation.
(k)
No regular parking of commercial vehicles except for one vehicle with a gross
weight of no greater than one tonne will be permitted on the lot or on the road
reservation adjacent to the lot.
13. Child Care
(a)
Child Care (a day care or day nursery operation) which services are regularly
provided to pre-school children shall be at the discretion of Council.
(b)
A Child Care use shall be in accordance with all applicable provincial laws and
regulations as required by Service NL.
77
(c)
Provision for off-street parking for a child care use shall be in accordance with
the off-street parking requirements, Schedule D, of these Regulations.
14.
Boarding House Residential
A boarding or lodging house is permitted in any dwelling that can adequately
accommodate the specified number of persons. The total number of boarders or
lodgers shall not exceed (5) persons.
A "bed and breakfast" use in a dwelling may be permitted as a discretionary use to
provide room and board for tourists or the travelling public, under the following
conditions:
(a)
the use does not detract from the residential character of the neighbourhood;
(b)
the use is carried out by a resident/owner of the dwelling unit;
(c)
the dwelling in which the Bed and Breakfast use is carried out is similar in
exterior finish, design, height, and scale to a private residential dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or hedge;
(f)
the maximum number of guest rooms shall be five (5), and
(g)
the establishment shall be licensed under the Tourist Establishment
Regulations, as amended from time to time.
15.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of rivers or
streams, or within 15 metres of the shoreline of ponds, with the exception of
conservation structures such as those designed to control flooding and erosion as well
as bridges, pathways, and public services. Development of marine or water related
uses such as wharfs, slipways, boathouse, etc. may be permitted. All development
occurring within these limits is subject to the approval of Council and the Department of
Municipal Affairs and Environment.
16.
Public Streets
All development shall have direct access onto a public street.
17.
Servicing
(a) Development shall be serviced by the Town's piped water and sewer systems,
either existing or proposed. All new roads for a development shall be
constructed to highest standards, and along with piped water and sewer
services, shall be constructed at the cost of the developer.
78
(b) Council shall require connection in areas within 50 metres of existing municipal
services.
(c) Council shall exercise discretion to determine the extent of water and sewer
services in areas beyond 50 metres of existing services.
18.
Traditional Agricultural Use
(a) A traditional small-scale Hobby Farm use may be permitted at the discretion of
Council provided the lot has a minimum area of 2,500 m2.
(b) Personal use home gardens involving root crops or fruits and keeping of 6
chickens (fowl) for personal use may be permitted on any existing residential
lot.
(c) Traditional agricultural uses such as root cellars may be permitted as stand-
alone structures, at the discretion of Council, provided it can be clearly
demonstrated that the root cellar is ancillary to an existing small-scale hobby
and/or subsistence agricultural use. The height of traditional root cellars shall be
no more than 2 metres with a floor area of no more than 12m2.
(d) Agricultural uses such as bee keeping which involves the raising of bees for
honey may be permitted at the discretion of Council.
(e)
Livestock, such as large farm animals, may be permitted, but not limited to, one
cow, or one pig, and shall be at the discretion of Council.
(f)
Horses (maximum one) may be permitted, provided the lot has a minimum area
of 2,500 m2 and is sufficient for a stable and exercising area. Additional horses
may be permitted at the discretion of Council.
19.
East Coast Trail
The East Coast Trail is a natural walking/hiking trail along Pouch Cove Harbour and along
the coastline of Atlantic Ocean which forms part of a much larger coastal trail system.
Council shall encourage the maintenance of the trail to protect the natural landscape
and views from the trial, and to ensure that future development does not negatively
impact the trail.
A 15 metre buffer shall be maintained along both sides of the trail to protect the natural
landscape and views from the trial. Council, in issuing any development permits within
the planning area, shall encourage landowners to take into consideration the effect of
development on the East Coast Trial and preservation of the scenic beauty along the
Town's coastline, where the East Coast Trail transverses private property.
20.
Drainage and Landscape Plan
Where there are known or suspected water or land issues pertaining to a proposed
subdivision development, Council may require a drainage and/or landscape plan to
determine how surface water catchment will be managed, controlled and mitigated so
as to not cause water runoff to adjoining property or infill lots.
79
21.
Tiny House Subdivision
(a) Tiny houses shall only be considered if they form part of a residential
subdivision of a minimum of eight (8) lots designed specifically for tiny houses.
(b) The location of a tiny house subdivision shall be determined by Council and
subject to any conditions identified by Council outlined in a development
agreement.
(c) All other siting requirements of this land use zone shall apply.
(d) Tiny houses shall be constructed on a permanent foundation and conform to
the National Building Code.
(e) Tiny houses shall have permanent provisions for living, sleeping, eating, cooking
and sanitation.
(f) An accessory building in this zone shall not exceed the size of the tiny house.
24.
Animal and Kennels
The establishment of a new kennel will be subject to the following:
(a) A kennel shall be permitted only as a home occupation;
(b) A kennel shall be permitted only on a lot of 2,500 m2 or more; and,
(c) The kennel owner 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.
(d) A permit issued for a kennel shall be renewed every year and the kennel may be
subject to inspection.
25.
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.
80
USE ZONE TABLE
ZONE TITLE RESIDENTIAL (R-2)
PERMITTED USE CLASSES - (see Regulation 89)
Single dwelling, double dwelling, triplex and recreational open space.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Apartment building, tiny house (subdivision) see condition, place of worship, educational, convenience store,
child care, home businesses (office), medical and professional service, personal service, and light industry uses-
(see condition), boarding house residential (bed and breakfast only), special care institutional uses (see
condition), shop, cemetery, utilities, traditional agriculture (see condition).
STANDARDS
Floor area (m²) minimum
50**
Frontage (m) minimum
Lot area (m²) minimum
Fully Serviced
15
450 m2
Piped water and onsite septic
disposal
24
1400 m2*
On-Site Services
30
1860 m2
Building Line Setback (m)*
8 m (min) 30 m (max)
Minimum Frontage at Front Lot Line
(unserviced)
20
Sideyard Width (m)(min.)
2
Rearyard Depth (m)(min.)
15
Lot Coverage (%)(max.)
33
Height (max.)
8
(See Conditions)
* See condition
** Minimum floor area for single dwellings, duplexes and triplex shall be 50 m2
81
CONDITIONS FOR RESIDENTIAL (R-2) ZONE
1.
Discretionary Uses Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are compatible or complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
2.
Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have two
street frontages and shall be required to maintain the minimum building line setback on
both the primary and flanking streets as prescribed in the use zone table.
3.
Infill Lots
Only properties considered as an infill lot may be considered for at an area of 1400 m2
provided piped water is available.
4.
Building Line
The Building Line is an arbitrary line running parallel to the street line and is set at the
closest point to a street that a building may be placed as measured from the front lot
line. A corner lot is deemed to have a building line setback on both the primary and
flanking streets.
5.
Accessory Buildings (see also Regulation 38, Part II - General Development Standards)
Accessory Building Development Standards
Standards
1,860m2
1,861m2 to 4,050m2
larger than
4,050m2
Max. Floor Area
90m2
110m2
9% of total lot size
Max. Height
6.0m
7.5m
8.0m
Min. Side Yard & Rear Yard
1.5m
Min. Distance from Another
Building
2.4m
Min. Distance from a Utility
Easement
1.5m
82
(a)
No accessory building shall be larger in area and height than the main residential
dwelling.
(b)
Accessory buildings shall located be on the same lot as the residential dwelling
and shall be clearly incidental and complementary to the main use of the
residential dwelling in character, use, style and exterior finish unless in
conformity with Regulation 38(4), Part II - General Development Standards.
Accessory buildings shall be located so as to minimize any visual impacts on
adjoining properties.
(c)
Residential lots may have more than one accessory building provided that the
maximum combined floor area of all buildings shall not be greater than the
maximum area set out in the table above.
(d)
An accessory building may be permitted in front of a building line if the lot has
physical features that prohibit the development in the rear or side yard of the
lot (see also Regulation 38(4), Part II - General Development Standards).
(e)
Where it can be clearly demonstrated that a need exists for a larger accessory
building, Council shall have discretion where the proposed accessory building
will exceed the maximum floor area and height as indicated in the table above.
(f)
School buses, semi-trailers, ISO sea/shipping/freight containers or other vehicle
body types shall be prohibited from being used as accessory buildings.
6.
Convenience Stores
Convenience stores will only be permitted as a discretionary use under the following
conditions:
(a)
Convenience Store may form part of the residential dwelling or be a stand alone
building.
(b)
The retail use shall be subsidiary to the residential character of the area, and
shall not affect residential amenities of adjoining properties.
(c)
Adequate provision for on site parking, loading, buffering and landscaping.
7.
Boarding House Residential
A boarding or lodging house is permitted in any dwelling that can adequately
accommodate the specified number of persons. The total number of boarders or
lodgers shall not exceed (5) persons.
A "bed and breakfast" use in a dwelling may be permitted as a discretionary use to
provide room and board for tourists or the travelling public, under the following
conditions:
(a)
the use does not detract from the residential character of the neighbourhood;
(b)
the use is carried out by a resident/owner of the dwelling unit;
(c)
the dwelling in which the Bed and Breakfast use is carried out is similar in
exterior finish, design, height, and scale to a private residential dwelling;
83
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or hedge; and
(f)
the maximum number of guest rooms shall be five (5).
(g)
the establishment shall be licensed under the Tourist Establishment
Regulations, as amended from time to time.
8.
Home Businesses - Office, Medical and Professional Service, Personal Service, and
Light Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling consisting of an
occupation or profession which generates revenue for the resident.
Office, medical and professional service, personal service, and light industry uses may be
permitted provided they are carried out as home occupations, businesses operated in
the dwelling, or in a building subsidiary to the dwelling on the same lot, by the
occupants of the dwelling, and meet the following requirements.
(a)
Office uses shall be limited to small business services and professional offices;
(b)
Light Industry uses shall be limited to fabrication for the production of
handmade articles such as clothing, arts and crafts objects, and workshops;
(c)
The use is clearly subsidiary to the residential use, does not alter the residential
character of the dwelling unit, and does not detract from the residential chara-
cter of the neighbourhood.
(d)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the approved use, no repairs to vehicles or heavy
equipment are carried out.
(e)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust, fumes, or inconvenience to occupants of
adjoining residences.
(f)
Activities associated with the use shall be carried on inside the dwelling or in a
building separate from the dwelling.
(g)
One building only, separate from the dwelling, may be used in connection with a
light industrial use and service use and shall conform to the Accessory Buildings
condition height and floor area limit for this zone; child care use shall be carried
out in the dwelling unit or be attached to the dwelling unit.
(h)
Except for child care, no more than 30% of the total floor area of the dwelling is
devoted to the use.
(i)
The use shall not generate traffic, parking, sewage or water use in excess of
what is normal in the residential area.
(j)
The residential lot has sufficient area to accommodate the parking requirements
of the dwelling unit and the home occupation.
(k)
No regular parking of commercial vehicles except for one vehicle with a gross
weight of no greater than one tonne will be permitted on the lot or on the road
reservation adjacent to the lot.
84
9.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of rivers or
streams, or within 15 metres of the shoreline of ponds, with the exception of
conservation structures such as those designed to control flooding and erosion as well
as bridges, pathways, and public services. Development of marine or water related
uses such as wharfs, slipways, boathouse, etc. may be permitted. All development
occurring within these limits is subject to the approval of Council and the Department of
Municipal Affairs and Environment.
10. Child Care
(a)
Child Care (a day care or day nursery operation) which services are regularly
provided to pre-school children shall be at the discretion of Council.
(b)
A Child Care use shall be in accordance with all applicable provincial laws and
regulations as required by Service NL.
(c)
Provision for off-street parking for a child care use shall be in accordance with
the off-street parking requirements, Schedule D, of these Regulations.
11.
Special Care Institutional Uses
(a)
Special Care Institutional Uses shall only be permitted at the discretion of
Council.
(b)
Special Care Institutional Uses shall be limited to apartment style residence for
seniors and homes for the aged.
(c)
One off-street parking space shall be provided for every dwelling unit.
12.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the advertisement
shall meet the requirements of Council, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(b)
No advertisement shall exceed 3 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
13.
Advertisements Relating to Offsite Uses
85
The conditions for the erection or display of an advertisement on any site, relating to a
use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(a)
No advertisement shall exceed 3 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature of
the distance or direction to, the premises to which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of streets, the
location of street junctions and nearby buildings, and amenities of the
surrounding area.
14.
Traditional Agricultural Use
(a) A traditional small-scale Hobby Farm use may be permitted at the discretion of
Council provided the lot has a minimum area of 2,500 m2.
(b) Personal use home gardens involving root crops or fruits and keeping of 6
chickens (fowl) for personal use may be permitted on any existing residential
lot.
(c) Traditional agricultural uses such as root cellars may be permitted as stand-
alone structures, at the discretion of Council, provided it can be clearly
demonstrated that the root cellar is ancillary to an existing small-scale hobby
and/or subsistence agricultural use. The height of traditional root cellars shall be
no more than 2 metres with a floor area of no more than 12m2.
(d) Agricultural uses such as bee keeping which involves the raising of bees for
honey may be permitted at the discretion of Council.
(e)
Livestock, such as large farm animals, may be permitted, but not limited to, one
cow, or one pig, and shall be at the discretion of Council.
(f)
Horses (maximum one) may be permitted, provided the lot has a minimum area
of 2,500 m2 and is sufficient for a stable and exercising area. Additional horses
may be permitted at the discretion of Council.
15.
East Coast Trail
The East Coast Trail is a natural walking/hiking trail along Pouch Cove Harbour and along
the coastline of Atlantic Ocean which forms part of a much larger coastal trail system.
Council shall encourage the maintenance of the trail to protect the natural landscape
and views from the trial, and to ensure that future development does not negatively
impact the trail.
A 15 metre buffer shall be maintained along both sides of the trail to protect the natural
landscape and views from the trial. Council, in issuing any development permits within
the planning area, shall encourage landowners to take into consideration the effect of
86
development on the East Coast Trial and preservation of the scenic beauty along the
Town's coastline, where the East Coast Trail transverses private property.
16.
Drainage and Landscape Plan
Where there are known or suspected water or land issues pertaining to a proposed
subdivision development, Council may require a drainage and/or landscape plan to
determine how surface water catchment will be managed, controlled and mitigated so
as to not cause water runoff to adjoining property or infill lots.
17.
Servicing
(a) When available, new residential development shall be serviced by Town water
and sewer and shall be installed at the cost of the developer.
(b) Council shall require connection in areas within 50 metres of existing water and
sewer (if available).
(c) When available, Council shall exercise discretion to determine the extent of
water and sewer in areas beyond 50 metres of existing service(s).
18.
Tiny House Subdivision
(a) Tiny houses shall only be considered if they form part of a residential
subdivision of a minimum of eight (8) lots designed specifically for tiny houses.
(b) The location of a tiny house subdivision shall be determined by Council and
subject to any conditions identified by Council outlined in a development
agreement.
(c) All other siting requirements of this land use zone shall apply.
(d) Tiny houses shall be constructed on a permanent foundation and conform to
the National Building Code.
(e) Tiny houses shall have permanent provisions for living, sleeping, eating, cooking
and sanitation.
(f) An accessory building in this zone shall not exceed the size of the tiny house.
19.
Public Streets
All development shall have direct access onto a public street.
20.
Animal and Kennels
The establishment of a new kennel will be subject to the following:
(a) A kennel shall be permitted only as a home occupation;
(b) A kennel shall be permitted only on a lot of 2,500 m2 or more; and,
87
(c) The kennel owner 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.
(d) A permit issued for a kennel shall be renewed every year and the kennel may be
subject to inspection.
21.
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.
88
USE ZONE TABLE
ZONE TITLE RESIDENTIAL (R-3)
PERMITTED USES - see Regulation 89.
Single dwelling, double dwelling, triplex and recreation open space.
DISCRETIONARY USES - see Regulation 32 and 90.
Boarding house residential (bed and breakfast only), convenience store, child care, home businesses
(office, medical and professional service, personal service, and light industry Uses see condition),
cemetery, traditional agriculture (see condition) and antenna.
CONDITIONS FOR RESIDENTIAL (R-3)
1.
Development Standards
The development standards for this zone shall be as follows:
a) Minimum Lot Size
4050 m²
b) Minimum Frontage
45 m
c) Minimum Floor Area
50 m²
d) Minimum Building Line Setback
10 metres
e) Maximum Building Line setback
30 metres
f) Minimum Frontage at Front Lot Line
30 metres
g) Minimum Sideyard Width
2 metres
h) Minimum Rearyard Depth
15 metres
i)
Maximum Height
8 metres
j)
Maximum Lot Coverage
33 %
89
2.
Development Standards Piped Water Only
Where piped municipal water can be extended, the following development standards
shall be as follows:
a) Minimum Lot Size
1860 m²
b) Minimum Frontage
30 m
c) Minimum Floor Area
50 m²
d) Minimum Building Line Setback
10 metres
e) Maximum Building Line setback
30 metres
f) Minimum Sideyard Width
2 metres
g) Minimum Rearyard Depth
15 metres
h) Maximum Height
8 metres
i)
Maximum Lot Coverage
33 %
3.
Discretionary Uses Classes
The discretionary use classes listed in the table may be permitted at the discretion of
the Council provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
4.
Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have two
street frontages and shall be required to maintain the minimum building line setback on
both the primary and flanking streets as prescribed in the use zone table.
5.
Building Line
The Building Line is an arbitrary line running parallel to the street line and is set at the
closest point to a street that a building may be placed as measured from the front lot
line. A corner lot is deemed to have a building line setback on both the primary and
flanking streets.
90
6.
Accessory Buildings (see also Regulation 38, Part II - General Development Standards)
Accessory Building Development Standards
Standards
1,860m2
1,861m2 to 4,050m2
larger than
4,050m2
Max. Floor Area
90m2
110m2
9% of total lot size
Max. Height
6.0m
7.5m
8.0m
Min. Side Yard & Rear Yard
1.5m
Min. Distance from Another
Building
2.4m
Min. Distance from a Utility
Easement
1.5m
(a)
No accessory building shall be larger in area and height than the main residential
dwelling.
(b)
Accessory buildings shall located be on the same lot as the residential dwelling
and shall be clearly incidental and complementary to the main use of the
residential dwelling in character, use, style and exterior finish unless in
conformity with Regulation 38(4), Part II - General Development Standards.
Accessory buildings shall be located so as to minimize any visual impacts on
adjoining properties.
(c)
Residential lots may have more than one accessory building provided that the
maximum combined floor area of all buildings shall not be greater than the
maximum area set out in the table above.
(d)
An accessory building may be permitted in front of a building line if the lot has
physical features that prohibit the development in the rear or side yard of the
lot (see also Regulation 38(4), Part II - General Development Standards).
(e)
Where it can be clearly demonstrated that a need exists for a larger accessory
building, Council shall have discretion where the proposed accessory building
will exceed the maximum floor area and height as indicated in the table above.
(f)
School buses, semi-trailers, ISO sea/shipping/freight containers or other vehicle
body types shall be prohibited from being used as accessory buildings.
7.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a) The size, shape, illumination and material construction of the advertisement
shall meet the requirements of Council, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(b) No advertisement shall exceed 3 m2 in area.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
91
5.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a
use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(a) No advertisement shall exceed 3 m2 in area.
(b) When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature of
the distance or direction to, the premises to which they relate.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
(d) The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of streets, the
location of street junctions and nearby buildings, and amenities of the
surrounding area.
9.
Convenience Store
Convenience stores may only be permitted as a discretionary use provided that:
(a)
The convenience store forms part of the residential dwelling and shall not
exceed more than 25% of the total floor area of the building, to a maximum of
45 m².
(b)
The convenience store must front directly onto a public road.
(c)
The retail use shall be subsidiary to the residential character of the area, and
shall not affect residential amenities of adjoining properties.
(d)
Adequate provision for on site parking, loading, buffering and landscaping.
(e)
A convenience store shall not be located on single access or dead end roads,
unless on a corner lot at the intersection with a main road.
10.
Home Businesses - Office, Medical and Professional Service, Personal Service, and
Light Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling consisting of an
occupation or profession which generates revenue for the resident.
Office, medical and professional service, and personal service uses may be permitted
provided they are carried out as home occupations, businesses operated in the dwelling,
or in a building subsidiary to the dwelling on the same lot, by the occupants of the
dwelling, and meet the following requirements.
(a)
Office uses shall be limited to small business services and professional offices;
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(b)
The use is clearly subsidiary to the residential use, does not alter the residential
character of the dwelling unit, and does not detract from the residential chara-
cter of the neighbourhood.
(c)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the approved use, no repairs to vehicles or heavy
equipment are carried out.
(d)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust, fumes, or inconvenience to occupants of
adjoining residences.
(e)
Activities associated with the use shall be carried on inside the dwelling or in a
building separate from the dwelling.
(f)
Except for child care, no more than 30% of the total floor area of the dwelling is
devoted to the use.
(g)
The use shall not generate traffic, parking, sewage or water use in excess of
what is normal in the residential area.
(h)
The residential lot has sufficient area to accommodate the parking requirements
of the dwelling unit and the home occupation.
(i)
No regular parking of commercial vehicles except for one vehicle with a gross
weight of no greater than one tonne will be permitted on the lot or on the road
reservation adjacent to the lot.
11. Child Care
(a)
Child Care (a day care or day nursery operation) which services are regularly
provided to pre-school children shall be at the discretion of Council.
(b)
A Child Care use shall be in accordance with all applicable provincial laws and
regulations as required by Service NL.
(c)
Provision for off-street parking for a child care use shall be in accordance with
the off-street parking requirements, Schedule D, of these Regulations.
12.
Boarding House Residential (Tourist Home/Bed and Breakfast)
A tourist home/bed and breakfast use in a dwelling may be permitted as a discretionary
use to provide room and board for tourists or the travelling public, under the following
conditions:
(a)
the use does not detract from the residential character of the neighbourhood;
(b)
the use is carried out by a resident/owner of the dwelling unit;
(c)
the dwelling in which the tourist home/bed and breakfast use is carried out is
similar in exterior finish, design, height, and scale to a private residential
dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or hedge;
(f)
the maximum number of guest rooms shall be five (5), and
(g)
the establishment shall be licensed under the Tourist Establishment
Regulations, as amended from time to time.
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13.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of rivers or
streams, or within 15 metres of the shoreline of ponds, with the exception of
conservation structures such as those designed to control flooding and erosion as well
as bridges, pathways, and public services. Development of marine or water related
uses such as wharfs, slipways, boathouse, etc. may be permitted. All development
occurring within these limits is subject to the approval of Council and the Department of
Municipal Affairs and Environment.
14.
Traditional Agricultural Use
(a) A traditional small-scale Hobby Farm use may be permitted at the discretion of
Council provided the lot has a minimum area of 2,500 m2.
(b) Personal use home gardens involving root crops or fruits and keeping of 6
chickens (fowl) for personal use may be permitted on any existing residential
lot.
(c) Traditional agricultural uses such as root cellars may be permitted as stand-
alone structures, at the discretion of Council, provided it can be clearly
demonstrated that the root cellar is ancillary to an existing small-scale hobby
and/or subsistence agricultural use. The height of traditional root cellars shall be
no more than 2 metres with a floor area of no more than 12m2.
(d) Agricultural uses such as bee keeping which involves the raising of bees for
honey may be permitted at the discretion of Council.
(e)
Livestock, such as large farm animals, may be permitted, but not limited to, one
cow, or one pig, and shall be at the discretion of Council.
(f)
Horses (maximum one) may be permitted, provided the lot has a minimum area
of 2,500 m2 and is sufficient for a stable and exercising area. Additional horses
may be permitted at the discretion of Council.
15.
East Coast Trail
The East Coast Trail is a natural walking/hiking trail along Pouch Cove Harbour and along
the coastline of Atlantic Ocean which forms part of a much larger coastal trail system.
Council shall encourage the maintenance of the trail to protect the natural landscape
and views from the trial, and to ensure that future development does not negatively
impact the trail.
A 15 metre buffer shall be maintained along both sides of the trail to protect the natural
landscape and views from the trial. Council, in issuing any development permits within
the planning area, shall encourage landowners to take into consideration the effect of
development on the East Coast Trial and preservation of the scenic beauty along the
Town's coastline, where the East Coast Trail transverses private property.
94
16.
Steep Slopes and Flood Plains
Applications for sites having slopes greater than 20%, or potentially subject to flooding
or any other hazards such as landslides, shall not be permitted unless the site has a geo-
physical assessment conducted by a Professional Engineer or other person qualified to
make a determination, to ensure development can take place without endangerment to
health or safety.
17.
Drainage and Landscape Plan
Where there are known or suspected water or land issues pertaining to a proposed
subdivision development, Council may require a drainage and/or landscape plan to
determine how surface water catchment will be managed, controlled and mitigated so
as to not cause water runoff to adjoining property or infill lots.
18.
Servicing
(a) When available, new residential development shall be serviced by Town water
and sewer and shall be installed at the cost of the developer.
(b) Council shall require connection in areas within 50 metres of existing water and
sewer (if available).
(c) When available, Council shall exercise discretion to determine the extent of
water and sewer in areas beyond 50 metres of existing service(s).
19.
Animal and Kennels
The establishment of a new kennel will be subject to the following:
(a) A kennel shall be permitted only as a home occupation;
(b) A kennel shall be permitted only on a lot of 2,500 m2 or more; and,
(c) The kennel owner 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.
(d) A permit issued for a kennel shall be renewed every year and the kennel may be
subject to inspection.
95
20.
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.
21.
Environmental Buffer
The former Waste Disposal Site (dump) on the Pouch Cove Line still maintains a 1.6km
environmental buffer. All development occurring within the environmental buffer is
subject to the approval of Council and the Department of Municipal Affairs and
Environment.
22.
Habitat Management Units
The Pouch Cove Land Use Zone map identifies habitat management units as part of the
Municipal Habitat Stewardship Agreement (Conservation Management Plan) located at
Pigeon Island, Pouch Cove Northeast Pond, Old Pond, Peyton's Pond, Grog Pond, Shoe
Cove Pond, North Three Island Pond and three coastal areas (Otter Gulch, Gruchy Point
and Strawberry Point). Applications for development within the wetlands areas within
the habitat management units shall be referred to the Wildlife Division, Department of
Fisheries and Land Resources for a review.
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USE ZONE TABLE
ZONE TITLE MIXED DEVELOPMENT (MD)
PERMITTED USE CLASSES - (see Regulation 89)
Single dwelling; double dwelling, recreation open space and open space conservation.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Row dwelling, apartment building, collective residential, commercial residential, boarding house
residential, cultural and civic, general assembly, passenger assembly, club and lodge, catering, funeral
home, child care, indoor assembly, medical & professional, office, personal service, home businesses
(office, medical and professional service, personal service, and light industry Uses - see condition),
general service, communications, taxi stand, police station, medical treatment and special care (home
for the aged only), take-out food service, shop, convenience store, amusement, light industry, cemetery,
sewerage treatment and antenna.
CONDITIONS FOR MIXED DEVELOPMENT ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
8 metres
(b) Minimum sideyards
5 metres
(c) Minimum Rearyard
10 metres
(d) Maximum Height
10 metres
(e) Minimum Floor area
50 m²
NOTE: Residential development shall conform to the standards of the Residential (R-1) Land Use
Zone.
2.
Accessory Buildings for Residential Use (see also Regulation 38, Part II - General
Development Standards)
Accessory Building Development Standards
Standards
1,860m2
1,861m2 to 4,050m2
larger than
4,050m2
Max. Floor Area
90m2
110m2
9% of total lot size
Max. Height
6.0m
7.5m
8.0m
Min. Side Yard & Rear Yard
1.5m
Min. Distance from Another
Building
2.4m
Min. Distance from a Utility
Easement
1.5m
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(a)
No accessory building shall be larger in area and height than the main residential
dwelling.
(b)
Accessory buildings shall located be on the same lot as the residential dwelling
and shall be clearly incidental and complementary to the main use of the
residential dwelling in character, use, style and exterior finish unless in
conformity with Regulation 38(4), Part II - General Development Standards.
Accessory buildings shall be located so as to minimize any visual impacts on
adjoining properties.
(c)
Residential lots may have more than one accessory building provided that the
maximum combined floor area of all buildings shall not be greater than the
maximum area set out in the table above.
(d)
An accessory building may be permitted in front of a building line if the lot has
physical features that prohibit the development in the rear or side yard of the
lot (see also Regulation 38(4), Part II - General Development Standards).
(e)
Where it can be clearly demonstrated that a need exists for a larger accessory
building, Council shall have discretion where the proposed accessory building
will exceed the maximum floor area and height as indicated in the table above.
(f)
School buses, semi-trailers, ISO sea/shipping/freight containers or other vehicle
body types shall be prohibited from being used as accessory buildings.
3.
Dwelling Frontage
The front wall of a dwelling shall be parallel to the street on which it is fronting and has
a civic number.
4.
Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have two
street frontages and shall be required to maintain the minimum building line setback on
both the primary and flanking streets as prescribed in the use zone table.
5.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council, provided that they are complementary to permitted uses and will not inhibit or
prejudice the existence or development of permitted uses.
6.
Buffer for Residential Uses
Where a non-residential use abuts a residential use, Council may require a screen or
barrier such as a fence, landscaped embankment, or trees to be erected on the non-
residential site along the lot lines, consistent with the visibility requirements for traffic
safety. Alternatively, Council may increase the sideyard and rearyard requirements on
98
the non-residential site to provide additional separation from the abutting residential
use.
7.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a) The size, shape, illumination and material construction of the advertisement shall
meet the requirements of Council, having regard to the safety and convenience of
users of adjacent streets and sidewalks, and the general amenities of the surroun-
ding area.
(b) No advertisement shall exceed 3 m2 in area.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will
not be allowed in the residential area.
8.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a
use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(a) No advertisement shall exceed 3 m2 in area.
(b) When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature of
the distance or direction to, the premises to which they relate.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable igns")
will not be allowed in the residential area.
(d) The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of streets, the
location of street junctions and nearby buildings, and amenities of the
surrounding area.
9.
Home Businesses - Office, Medical and Professional Service, Personal Service, and
Light Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling consisting of an
occupation or profession which generates revenue for the resident.
Office, medical and professional service, personal service, and light industry uses may be
permitted provided they are carried out as home occupations, businesses operated in
the dwelling, or in a building subsidiary to the dwelling on the same lot, by the
occupants of the dwelling, and meet the following requirements.
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(a)
Office uses shall be limited to small business services and professional offices;
(b)
Light Industry uses shall be limited to fabrication for the production of
handmade articles such as clothing, arts and crafts objects, and workshops;
(c)
The use is clearly subsidiary to the residential use, does not alter the residential
character of the dwelling unit, and does not detract from the residential chara-
cter of the neighbourhood.
(d)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the approved use, no repairs to vehicles or heavy
equipment are carried out.
(e)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust, fumes, or inconvenience to occupants of
adjoining residences.
(f)
Activities associated with the use shall be carried on inside the dwelling or in a
building separate from the dwelling.
(g)
One building only, separate from the dwelling, may be used in connection with a
light industrial use and service use and shall conform to the Accessory Buildings
condition height and floor area limit for this zone; child care use shall be carried
out in the dwelling unit or be attached to the dwelling unit.
(h)
Except for child care, no more than 30% of the total floor area of the dwelling is
devoted to the use.
(i)
The use shall not generate traffic, parking, sewage or water use in excess of
what is normal in the residential area.
(j)
The residential lot has sufficient area to accommodate the parking requirements
of the dwelling unit and the home occupation.
(k)
No regular parking of commercial vehicles except for one vehicle with a gross
weight of no greater than one tonne will be permitted on the lot or on the road
reservation adjacent to the lot.
10.
Place of Worship and Educational Use
Where permitted, a place of worship and an educational use shall conform to the
frontage, building line setback, sideyard, rearyard, lot coverage and height requirements
specified for a single dwelling. The only educational uses that may be permitted on a
discretionary basis are elementary and junior high schools.
11.
Convenience Store
Convenience stores will only be permitted as a discretionary use under the following
conditions:
(a)
Convenience Store may form part of the residential dwelling or be a stand alone
building.
(b)
The retail use shall be subsidiary to the residential character of the area, and
shall not affect residential amenities of adjoining properties.
(c)
Adequate provision for on site parking, loading, buffering and landscaping.
100
12. Child Care
(a)
Child Care (a day care or day nursery operation) which services are regularly
provided to pre-school children shall be at the discretion of Council.
(b)
A Child Care use shall be in accordance with all applicable provincial laws and
regulations as required by Service NL.
(c)
Provision for off-street parking for a child care use shall be in accordance with
the off-street parking requirements, Schedule D, of these Regulations.
13.
Boarding House Residential
A boarding or lodging house is permitted in any dwelling that can adequately
accommodate the specified number of persons. The total number of boarders or
lodgers shall not exceed (5) persons.
A "bed and breakfast" use in a dwelling may be permitted as a discretionary use to
provide room and board for tourists or the travelling public, under the following
conditions:
(a)
the use does not detract from the residential character of the neighbourhood;
(b)
the use is carried out by a resident/owner of the dwelling unit;
(c)
the dwelling in which the Bed and Breakfast use is carried out is similar in
exterior finish, design, height, and scale to a private residential dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or hedge;
(f)
the maximum number of guest rooms shall be five (5), and
(g)
the establishment is licensed under the Tourist Establishment Regulations,
1994, as amended from time to time.
14.
Outdoor Storage
Outdoor storage will not be permitted in frontyards. It may be permitted in sideyards
and rearyards. Council may require fencing or other forms of screening to prevent an
unsightly appearance.
15.
Outdoor Market
An outdoor market may include a used car lot, provided due consideration is given to
the size and scale of the development relative to the site and to surrounding uses. Due
consideration shall also be given to buffering, off-street parking, traffic movement,
congestion, and safe access.
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16.
General and Light Industrial Uses
General industrial uses shall be small scale light industrial uses such as small workshops
and warehouses, and autobody repair shops shall be permitted provided that;
(a) The use shall constitute entirely or partly the livelihood of a person living in the
specified dwelling;
(b) Activities associated with the use shall be carried on in building separate from
the residential dwelling;
(c) One building only, separate from the dwelling, and located in the rear or side
yard a minimum of 2 m from any lot line, and having a maximum floor area of
75 m² and a height of no more than 6 m, may be used in connection with the
general or light industrial use;
(d) Activities associated with the use are not hazardous and do not create a
nuisance by reason of noticeable noise, odour, dust or flames, or result in
electrical interference;
(e) Retail sales are incidental and subsidiary to the approved use and there is no
outdoor storage of equipment or materials.
(f) No change is made in the type, class or extent of the use without a permit.
(g) Adequate on-site parking, loading, buffering and landscaping is provided.
17.
Service Station
A Service Station may be permitted only in the form of pump islands to dispense motor
vehicle fuel and only in conjunction with a Convenience Store on the same site.
18.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of rivers or
streams, or within 15 metres of the shoreline of ponds, with the exception of
conservation structures such as those designed to control flooding and erosion as well
as bridges, pathways, and public services. Development of marine or water related
uses such as wharfs, slipways, boathouse, etc. may be permitted. All development
occurring within these limits is subject to the approval of Council and the Department of
Municipal Affairs and Environment.
19.
Drainage and Landscape Plan
Where there are known or suspected water or land issues pertaining to a proposed
subdivision development, Council may require a drainage and/or landscape plan to
determine how surface water catchment will be managed, controlled and mitigated so
as to not cause water runoff to adjoining property or infill lots.
102
20.
Traditional Agricultural Use
(a) A traditional small-scale Hobby Farm use may be permitted at the discretion of
Council provided the lot has a minimum area of 2,500 m2.
(b) Personal use home gardens involving root crops or fruits and keeping of 6
chickens (fowl) for personal use may be permitted on any existing residential
lot.
(c) Traditional agricultural uses such as root cellars may be permitted as stand-
alone structures, at the discretion of Council, provided it can be clearly
demonstrated that the root cellar is ancillary to an existing small-scale hobby
and/or subsistence agricultural use. The height of traditional root cellars shall be
no more than 2 metres with a floor area of no more than 12m2.
(d) Agricultural uses such as bee keeping which involves the raising of bees for
honey may be permitted at the discretion of Council.
(e)
Livestock, such as large farm animals, may be permitted, but not limited to, one
cow, or one pig, and shall be at the discretion of Council.
(f)
Horses (maximum one) may be permitted, provided the lot has a minimum area
of 2,500 m2 and is sufficient for a stable and exercising area. Additional horses
may be permitted at the discretion of Council.
21.
Animal and Kennels
The establishment of a new kennel will be subject to the following:
(a) A kennel shall be permitted only as a home occupation;
(b) A kennel shall be permitted only on a lot of 2,500 m2 or more; and,
(c) The kennel owner 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.
(d) A permit issued for a kennel shall be renewed every year and the kennel may be
subject to inspection.
22.
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.
103
USE ZONE TABLE
ZONE TITLE COMMERCIAL GENERAL (CG)
PERMITTED USE CLASSES - (see Regulation 89)
Theatre, cultural and civic, office, medical and professional, personal service, shop, child care,
convenience store, passenger assembly, commercial residential, service station, cultural civic, shop,
outdoor assembly and recreation open space.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Clubs and lodges, amusement, general assembly, taxi stand, police station, funeral home, indoor market,
office, general services, veterinary, light industry,educational, place of worship, catering, funeral home,
outdoor market, service station, take-out food service, general industry, and antenna.
CONDITIONS FOR COMMERCIAL GENERAL ZONE
1. Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
15 metres
(b) Minimum Sideyard Width
5 metres
(except where buildings are built with adjoining party walls)
(c) Minimum Rearyard Depth
10 metres
(d) Maximum Height
15 metres
2.
Discretionary Uses Classes
The discretionary use classes listed in the table may be permitted at the discretion of
the Council provided that they are complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
3.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
104
(a) The size, shape, illumination and material construction of the advertisement shall meet
the requirements of Council, having regard to the safety and convenience of users of
adjacent streets and sidewalks, and the general amenities of the surrounding area.
(b) No advertisement shall exceed 3 m2 in area.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not
be allowed in the residential area.
4.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a
use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(a) No advertisement shall exceed 3 m2 in area.
(b) When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance
or direction to, the premises to which they relate.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will
not be allowed in the residential area.
(d) The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of streets, the
location of street junctions and nearby buildings, and amenities of the surrounding
area.
5.
General Industry
General industry uses may be permitted provided they operate without hazard or
intrusion and without detriment to the surrounding area by reason of noise, vibration,
smell, and fumes. Council may require such uses to be screened from view using
landscaping or fences.
6.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of rivers or
streams, or within 15 metres of the shoreline of ponds, with the exception of
conservation structures such as those designed to control flooding and erosion as well
as bridges, pathways, and public services. Development of marine or water related
uses such as wharfs, slipways, boathouse, etc. may be permitted. All development
occurring within these limits is subject to the approval of Council and the Department of
Municipal Affairs and Environment.
105
7.
Light Industry
Light industry is restricted to use that are nonhazardous, and do not create any negative
impacts on adjoining properties.
8.
Open Storage
Outdoor storage of materials, goods and machinery shall meet the following conditions,
and any other requirement of the Use Zone in which they are located:
(a)
Where it is not the primary use of land, storage areas shall not be located in the
front yard.
(b)
Where storage areas are not screened from general view by vegetation or
topography, a storage area may be required to be enclosed by an opaque wall
or fence not less than 2 metres in height constructed of uniform materials and
approved by Council.
(c)
Storage of vehicles or other machinery or equipment, except transport vehicles
which may be parked in the open provided their parking area is landscaped and
suitably located, shall be prohibited in areas where there is no screening or
fencing.
(d)
Buffer areas shall not be used as storage areas.
9.
Effects on Surrounding Areas
Any development in this use zone shall be generally acceptable within the context of
surrounding development and so shall not create unacceptable amounts of noise,
traffic, fumes, dust or other pollution or otherwise present a nuisance, hazard or
eyesore, especially with respect to existing or potential residential development.
10.
Convenience Stores and Shops
(a)
A convenience store or shop shall front directly onto a publicly maintained road.
(b)
Convenience stores shall not negatively affect residential amenities of adjoining
properties. Outside storage shall be prohibited, except for that incidental and
related to the residential use.
(c)
Landscaping and adequate off street parking with clearly defined entrance and
exit points shall be provided.
(e)
Convenience stores shall not be located on single access or dead end roads,
unless on a corner lot at the intersection with a main road.
12.
Service Stations and Garages
Service stations and garages may be approved by Council provided:
106
(a)
All gasoline pumps shall be located on pump islands designed for such purposes,
and to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Any access shall not be less than 7 metres wide and shall be clearly marked, and
where a service station is located on a corner lot, the centre line of any access
shall be at least 30 metres from the centre line of the junction.
(d)
Surface run-off shall be directed to an oil/water separator before discharging
into any storm sewer or any other surface or sub-surface drainage system.
13.
Drainage and Landscape Plan
Where there are known or suspected water or land issues pertaining to a proposed
subdivision development, Council may require a drainage and/or landscape plan to
determine how surface water catchment will be managed, controlled and mitigated so
as to not cause water runoff to adjoining property or infill lots.
14.
Effects on Surrounding Areas
Any development in any zone must be generally acceptable within the context of
surrounding development and so must not create unacceptable amounts of noise,
traffic, fumes, dust or other pollution or otherwise present a nuisance, hazard or
eyesore, especially with respect to existing or potential residential development.
15.
Residential Buffer
In the case of a residential development locating adjacent to an existing or proposed
non-residential use or zone, Council may require the developer of the residential use to
provide a buffer. Any such buffer shall be made up of hedges, trees, shrubs, earthen
berms or structural barriers that will sufficiently mitigate noise, visual unpleasantness
and other undesirable effects. Trees and shrubs existing on the site prior to
development which could form all or part of a buffer shall not be removed.
16.
East Coast Trail
The East Coast Trail is a natural walking/hiking trail along Pouch Cove Harbour and along
the coastline of Atlantic Ocean which forms part of a much larger coastal trail system.
Council shall encourage the maintenance of the trail to protect the natural landscape
and views from the trial, and to ensure that future development does not negatively
impact the trail.
A 15 metre buffer shall be maintained along both sides of the trail land to protect the
natural landscape and views from the trial. Council, in issuing any development permits
within the planning area, shall encourage landowners to take into consideration the
effect of development on the East Coast Trial and preservation of the scenic beauty
along the Town's coastline, where the East Coast Trail transverses private property.
107
USE ZONE TABLE
ZONE TITLE INDUSTRIAL MARINE (IM)
PERMITTED USE CLASSES - (see Regulation 89)
General Industry, light industry, related to boat building and repair, fish harvesting and processing,
excluding and use for the processing or storage of fish offal, and transportation.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Passenger assembly, service station, all use classes in the professional and personal service uses group,
shop, recreational open space, antenna.
CONDITIONS FOR INDUSTRIAL MARINE ZONE
1.
Industrial Uses Abutting Residential Areas
Where any marine industrial use abuts an existing or proposed residential area, or is
separated by a road only, the owner of the site of the industrial development shall
provide a buffer strip not less than 30 metres wide between any marine industrial
building or activity and the residential area. The buffer shall include the provision of
grass strips, hedges, trees or shrubs and shall be maintained by the owner or occupier to
the satisfaction of Council.
2.
Street and Municipal Services
All marine industrial uses must be provided with streets and municipal services designed
for industrial use. Any industrial use must provide adequate off-street parking facilities
for all employees. Customer parking may be provided in the street right-of way by the
construction of suitable bays in which parked vehicles will not interfere with moving
traffic.
3.
Services
Industrial uses shall not be permitted in this zone unless adequate services and fire
fighting capability designed to meet the needs of the particular industrial uses
permitted, are available.
4.
Street Access
Any marine industrial uses abutting an arterial street shall contain adequate service
streets to provide access to individual sites. These service streets shall have a limited
number of connections with such arterial streets.
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5.
No marine industrial building or site activity shall be permitted closer than 20 metres to
any public street.
6.
Side and Rear Yards
No side or rear yard shall be required where a lot abuts navigable water, but all
development occurring in, on, over or under navigable water must have the approval of
Transport Canada under the Navigable Waters Protection Act, and, where the
development would occupy Crown land covered by water, an appropriate title from the
Crown must first be obtained.
7.
Outdoor Storage
Outdoor storage shall not be permitted. Council may require fencing or other forms of
screening or buffers to prevent an unsightly appearance.
8.
Storage of Flammable Liquids
All uses and structures for the bulk storage of flammable liquids shall conform to the
requirements of the Provincial Fire Commissioner and shall be surrounded by such
buffers and landscaping as Council may require to prevent damage to adjacent uses by
fire, explosion, or spills of flammable liquid.
9.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a) The size, shape, illumination and material construction of the advertisement
shall meet the requirements of Council, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(b) No advertisement shall exceed 3 m2 in area.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
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10.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a
use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(a) No advertisement shall exceed 3 m2 in area.
(b) When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature of
the distance or direction to, the premises to which they relate.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
(d) The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of streets, the
location of street junctions and nearby buildings, and amenities of the
surrounding area.
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USE ZONE TABLE
ZONE TITLE PUBLIC BUILDINGS (PB)
PERMITTED USE CLASSES - (see Regulation 89)
Educational, cultural and civic uses, general assembly, indoor assembly, outdoor assembly, government
or public offices, place of worship, recreational open space, child care and police station..
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Theatre, passenger assembly, catering, amusement, collective residential, general industry, light
industry, taxi stand, club or lodge, antenna, medical and professional, funeral home, cemetery, and take-
out food service, and antenna.
CONDITIONS FOR PUBLIC BUILDINGS ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
10 metres
(b) Minimum Sideyards
5 metres
(c) Minimum Rearyard
15 metres
(d) Maximum Height
15 metres
2.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are complementary to permitted uses and will not inhibit or
prejudice the existence or development of permitted uses.
3.
Offices
Government offices, banks, and other offices of a public nature shall be permitted in this
zone. Commercial offices or offices associated with a business operation shall not be
permitted.
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4.
Catering
Catering may be permitted in associations with a permitted use such as church
functions, weddings, parties, etc. Catering use will only be permitted as a temporary
use by Council.
5.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a) The size, shape, illumination and material construction of the advertisement shall
meet the requirements of Council, having regard to the safety and convenience of
users of adjacent streets and sidewalks, and the general amenities of the surroun-
ding area.
(b) No advertisement shall exceed 3 m2 in area.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
6.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a
use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(a) No advertisement shall exceed 3 m2 in area.
(b) When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature of
the distance or direction to, the premises to which they relate.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
(d) The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of streets, the
location of street junctions and nearby buildings, and amenities of the
surrounding area.
7.
Child Care
A day care or day nursery (i.e. a child care operation in which services are regularly
provided to seven or more children), is subject to the following conditions:
(a)
A day care may operate as a stand-alone building subject to Council's discretion.
(b)
The day care is in accordance with all applicable provincial laws and regulations.
(c)
For a residential dwelling, the use will not occupy more than 70 m2 or 40% of
the floor area, whichever is less.
(d)
Provision for off-street parking will be required as per the off-street parking
requirements, Schedule D of these Regulations.
(e)
The drop-off and pick-up of children will not interfere with the free flow of
vehicular traffic.
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(f)
The use is not located adjacent to or near hazardous, dangerous, or
incompatible uses. These include, but are not limited to, heavy industrial uses,
service stations, garages, lounges, night clubs, and amusement uses.
8.
General and Light Industry Uses
General and Light Industry uses shall be restricted to Municipal Depots and Yards, Salt
Sheds, Firehalls, Firefighting Training Grounds, or other similar uses for a municipal,
provincial, or federal government entity.
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USE ZONE TABLE
ZONE TITLE RECREATION OPEN SPACE (ROS)
PERMITTED USE CLASSES - (see Regulation 89)
Recreational open space, outdoor assembly and conservation.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Indoor assembly, cultural and civic, club and lodge, catering, take-out food service, and antenna.
CONDITIONS FOR RECREATION OPEN SPACE ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are complementary to permitted uses and will not inhibit or
prejudice the existence or development of permitted uses.
2.
Catering and Take-Out Food Service
A catering and/or take-out food service use may be considered on a discretionary basis
provided it serves recreational activities only.
3.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a) The size, shape, illumination and material construction of the advertisement shall
meet the requirements of Council, having regard to the safety and convenience
of users of adjacent streets and sidewalks, and the general amenities of the
surrounding area.
(b) No advertisement shall exceed 3 m2 in area.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
4.
Advertisements Relating to Offsite Uses
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The conditions for the erection or display of an advertisement on any site, relating to a
use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(a) No advertisement shall exceed 3 m2 in area.
(b) When the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and
nature of the distance or direction to, the premises to which they relate.
(c) Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
(d) The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of streets,
the location of street junctions and nearby buildings, and amenities of the
surrounding area.
5.
Accessory Building
An accessory building may be permitted in association with a cemetery and shall have a
maximum floor area of no more than 20 m2. Accessory buildings shall be located a
minimum of 3 metres from the nearest part of the main building and a minimum of 1
metre from a side and rear lot line and a maximum height of an accessory building shall
be 4 metres.
6.
Club and Lodge
Club and lodge uses may be permitted provided it is subsidiary to a recreational use.
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USE ZONE TABLE
ZONE TITLE RECREATION PARK (RP)
PERMITTED USE CLASSES - (see Regulation 89)
Recreational open space, campgrounds or trailer parks, tourist cabins (rental), outdoor assembly,
convenience store, outdoor market (see condition).
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Commercial residential, catering and take-out food service, indoor assembly, light industry, amusement,
shop, club and lodge, and antenna.
CONDITIONS FOR RECREATION PARK ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are complementary to permitted uses and will not inhibit or
prejudice the existence or development of permitted uses.
2.
Catering
Catering uses, including take-out food service use, may be considered on a discretionary
basis provided it serves recreational park activities only.
3.
Advertisements Relating to Onsite Uses
(a) The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(b) The size, shape, illumination and material construction of the advertisement shall
meet the requirements of Council, having regard to the safety and convenience of
users of adjacent streets and sidewalks, and the general
amenities
of
the
surrounding area.
(c) No advertisement shall exceed 1.5 m2 in area.
(d) Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will
not be allowed in the residential area.
4.
Commercial Residential
Commercial residential uses shall be limited to the building and rental of single or multi-
unit tourist cabins.
5.
Advertisements Relating to Offsite Uses
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The conditions for the erection or display of an advertisement on any site, relating to a
use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name and
nature of the distance or direction to, the premises to which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to
the satisfaction of Council, having regard to the grade and alignment of streets,
the
location of street junctions and nearby buildings, and amenities of the
surrounding area.
6.
Accessory Building
An accessory building may be permitted in association with a permitted use and shall
have a maximum floor area of no more than 20 m2.
7.
Outdoor Market
Outdoor Markets shall be limited to Market Grounds, Produce and Fruit Stands, Sale of
Firewood, Sale of New or Used recreational trailers and RVs, recreational boats, and off-
road vehicles.
8.
Shop
Shops shall be limited to goods/wares consistent with recreational uses.
9.
Club and Lodge
Club and lodge uses may be permitted provided it is subsidiary to a recreational use.
10.
Environmental Buffer
The former Waste Disposal Site (dump) on the Pouch Cove Line maintains a 1.6km
environmental buffer. All development occurring within the environmental buffer is
subject to the approval of Council and the Department of Municipal Affairs and
Environment.
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USE ZONE TABLE
ZONE TITLE CONSERVATION (CON)
PERMITTED USE CLASSES - (see Regulation 89)
Open Space, Conservation, and cemetery.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Agriculture, forestry, transportation, water treatment plant, sewerage treatment, and antenna.
CONDITIONS FOR CONSERVATION ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are complementary to permitted uses and will not inhibit or
prejudice the existence or development of permitted uses.
2.
Forestry, Agriculture, and Existing Uses
Selective forestry activities, agriculture, and the maintenance and limited extension of
existing uses may be permitted provided they cause no detrimental effect on open
space uses.
3.
Cemetery
Cemeteries which are located separately from a church shall be permitted in the
Conservation zone.
4.
Accessory Building
An accessory building may be permitted in association with a cemetery and shall have a
maximum floor area of not more than 20 m2. Accessory buildings shall be located a
minimum of 3 metres from the nearest part of the main building and a minimum of 1
metre from a side and rear lot line and a maximum height of an accessory building shall
be 4 metres.
5.
Environmental Buffer
The former Waste Disposal Site (dump) on the Pouch Cove Line still maintains a 1.6km
environmental buffer. All development occurring within the environmental buffer is
subject to the approval of Council and the Department of Municipal Affairs and
Environment.
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6.
Habitat Management Units
The Pouch Cove Land Use Zone map identifies habitat management units as part of the
Municipal Habitat Stewardship Agreement (Conservation Management Plan) located at
Pigeon Island, Pouch Cove Northeast Pond, Old Pond, Peyton's Pond, Grog Pond, Shoe
Cove Pond, North Three Island Pond and three coastal areas (Otter Gulch, Gruchy Point
and Strawberry Point). Applications for development within the wetlands areas within
the habitat management units shall be referred to the Wildlife Division, Department of
Fisheries and Land Resources for a review.
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USE ZONE TABLE
ZONE TITLE RURAL (RUR)
PERMITTED USE CLASSES - (see Regulation 89)
Agriculture, forestry, recreational open space, and conservation.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Outdoor assembly, single dwelling, veterinary, outdoor market, general industry, service station, mineral
working, recreational open space, animal, antenna, water treatment plant, wind power and fire fighter
training facility.
CONDITIONS FOR RURAL ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are complementary to permitted uses and will not inhibit or
prejudice the existence or development of permitted uses.
2.
Development Standards
The development standards for uses in this zone shall be determined case-by-case and
shall conform to the standards for the same uses in other zones.
3.
Single Dwellings
Single residential dwellings may be permitted in conjunction with a permitted use such
as agriculture. The agricultural uses shall be a commercial business and the full time
farmer shall obtain a minimum of 50 % of his or her gross income from the farm
operation. The commercial operation shall be in operation for a minimum of two years
before Council will approve any residential development.
4.
General Industry
General Industrial uses and associated accessory uses may be permitted by Council
provided that:
(a)
The use is restricted to maintenance and repair of equipment, processing and
storage related to agriculture, forestry or mineral working uses,
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(b)
The proposed use will not have an adverse visual impact on the built-up areas of
the Town and Council may require that the site be screened or not visible from
public roads and the built-up area,
(c)
The proposed use will not generate an increase in traffic on roads in the built-up
areas of the Town, and
(d)
The proposed site can be developed without negative impact on the natural
environment and amenities of the Town, including watercourses and ponds.
5.
Mineral Working
Council may permit mineral working subject to the following conditions:
(a) Mineral Workings, approved as a discretionary use, shall be subject to all the
conditions of the Mineral Working Zone.
(b) Mineral Workings, approved as a discretionary use, in this zone shall be temporary
for 1 year where the developer must reapply to the Authority to continue
operations each successive year (approval for which shall not be guaranteed).
(c) Effective tree screens shall be maintained around the periphery of any mineral
working. Where trees are not present to create an effective screen, Council may
require the installation of a landscaped embankment or fence.
(d) Topsoil removed for mineral working shall be retained for restoration of the site.
(e) No mineral working shall be conducted which causes danger or nuisance to the
public.
(f) No mineral working shall be permitted within the view of a designated scenic road.
(g) Proposed mineral working operations will be evaluated carefully by Council in
conjunction with the Department of Natural Resources.
(h) No mineral working shall unacceptably reduce the quality of water in a watercourse
or waterbody. Any access road which crosses a watercourse shall have a bridge or
culvert according to the regulations of the Department of Municipal Affairs and
Environment.
(i) No mineral working shall result in the excavation of land below the level of the
water table nor cause the ponding of water. However, settling ponds may be
permitted with the approval of the Department of Municipal Affairs and
Environment.
(j) No mineral working shall be carried out in a manner which causes the erosion of
adjacent land.
(k) The mineral working shall be kept clean of refuse, abandoned vehicles and
equipment, and derelict buildings.
(l) Upon completion of mineral working, and when there is no intention to re-open
such operations, all buildings and machinery shall be removed from the site and the
site restored so as not to constitute a danger to the public or present an unsightly
appearance.
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6.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a) The size, shape, illumination and material construction of the advertisement shall
meet the requirements of Council, having regard to the safety and convenience of
users of adjacent streets and sidewalks, and the general amenities of the
surrounding area.
(b) No advertisement shall exceed 3 m2 in area.
7.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site, relating to a
use permitted in this or another zone, or not relating to a specific land use, shall be as
follows:
(a) No advertisement shall exceed 3 m2 in area.
(b) When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance
or direction to, the premises to which they relate.
(c) The location, siting and illumination of each advertisement shall be to the satis-
faction of Council, having regard to the grade and alignment of streets, the location
of street junctions and nearby buildings, and the amenities of the surrounding area.
8.
Seasonal Residential
Seasonal residential use and recreation cottage use shall not be permitted within the
Rural land use zone.
9.
Wind Turbines
A wind turbine may be permitted as a discretionary use in this zone provided that:
(a)
the proposed use does not create a hazard to nearby properties in the form of
height
and noise and does not negatively affect the use and enjoyment of
nearby properties.
(b)
The tower shall not exceed 15 metres in height as measured from the base.
(c)
the tower shall not be located closer than 200 metres from the nearest
dwelling, other
than the property owner; and
(d)
the tower shall be removed from the site after two (2) years of non-operational
use.
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10.
Environmental Buffer
The former Waste Disposal Site (dump) on the Pouch Cove Line still maintains a 1.6km
environmental buffer. All development occurring within the environmental buffer is
subject to the approval of Council and the Department of Municipal Affairs and
Environment.
11.
Habitat Management Units
The Pouch Cove Land Use Zone map identifies habitat management units as part of the
Municipal Habitat Stewardship Agreement (Conservation Management Plan) located at
Pigeon Island, Pouch Cove Northeast Pond, Old Pond, Peyton's Pond, Grog Pond, Shoe
Cove Pond, North Three Island Pond and three coastal areas (Otter Gulch, Gruchy Point
and Strawberry Point). Applications for development within the wetlands areas within
the habitat management units shall be referred to the Wildlife Division, Department of
Fisheries and Land Resources for a review.
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USE ZONE TABLE
ZONE TITLE MINERAL WORKING (MW)
PERMITTED USE CLASSES - (see Regulation 89)
Mineral Working, mineral extraction, mineral exploration and quarry
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Agriculture. Forestry and antenna.
CONDITIONS FOR MINERAL WORKING ZONE
1.
Separation from Adjacent Uses
Unless the Authority is satisfied that the working will not create a nuisance and will not
adversely affect the amenity of the specified development or natural feature, no
mineral working shall be located closer than the minimum distances set out below to
the specified development or natural feature:
Minimum Distance of Pit and Quarry Workings
From:
Existing or proposed Residential Development
- where no blasting is involved
300 metres
- where blasting is involved
1000 metres
Any other developed area or area likely
150 metres
to be developed during the life
of the pit or quarry working.
Public highway or street
50 metres
Protected Road
90 metres
Waterbody or watercourse
50 metres
2.
Screening
A mineral working shall be screened in the following manner where it is visible from a
public street or highway, developed area, or area likely to be developed during the life
of the use:
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(a) Where tree screens exist between the mineral working and adjacent public
highways and streets or other land uses (excepting forestry and agriculture), the
tree screens shall be retained in a 30-metre wide strip of vegetation so that visibility
of any part of the use from the surrounding uses or streets will be prevented. The
tree screens must be maintained by the owner or occupier of the use to retain 30
metres in a forested appearance. Where vegetation dies or is removed from the 30-
metre strip, the Authority may require new trees of a minimum height of 1 metre be
planted to fill in the areas affected to the satisfaction of the Authority or, at the
discretion of the Authority, condition 4(b) must be undertaken.
(b) Where no tree screens exist of sufficient width and density to constitute a visual
screen, earthen berms shall be constructed to a height sufficient to prevent visibility
of any part of the mineral working from adjacent uses (excepting forestry and
agriculture), or adjacent public highways and streets. The berms shall be
landscaped to the Authority's satisfaction.
(c) Where natural topography creates a visual screen between mineral workings and
adjacent public highways and streets or other land uses (excepting forestry and
agriculture), additional screening may not be required.
(d) Where effective screening for any mineral working or associated processing or
manufacturing use cannot be installed or located as required in (a) - (c) above, the
Authority may refuse to permit the use or associated activity.
3.
Fencing
The Authority may require the mineral working site or excavated areas of a pit or quarry
working to be enclosed by a fence designed and constructed to its specifications and no
less than 1.8 metres in height.
4.
Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably reduce
the quality of water in any waterbody or watercourse. Any access road to a pit or
quarry working which crosses a brook or stream shall be bridged or culverted at the
crossing in accordance with the Regulations of the Department of Municipal Affairs and
Environment.
5.
Water Ponding
No mineral working or associated storm or sanitary drainage shall unacceptably reduce
the quality of water in any waterbody or watercourse. Any access road to a pit or
quarry working which crosses a brook or stream shall be bridged or culverted at the
crossing in accordance with the Regulations of the Department of Municipal Affairs and
Environment.
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6.
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of adjacent
land.
7.
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned
equipment and any derelict buildings.
8.
Access Roads
During extended periods of shutdown, access roads to a mineral working shall be
ditched or barred to the satisfaction of the Authority.
9.
Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron stained
layer, shall be stripped and stockpiled at least 5 metres from active quarry or stockpile
areas. The owner or operator shall ensure that the quality of the topsoil is not affected
by dilution with other materials.
10.
All permanent or temporary buildings, plants and structures associated with processing
and manufacturing will be located so as not to interfere with the present or future
extraction of aggregate resources.
11.
The Authority may specify a minimum separation distance between operating plant or
associated processing and manufacturing structure or equipment and adjacent
developed areas likely to be developed during the life of the mineral working.
Termination and Site Rehabilitation
12.
Upon 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 slopes shall be graded to slopes less than 20o or to the slope
conforming to that existing prior to the mineral working.
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(c)
Topsoil and any organic materials shall be re-spread over the entire quarried
area.
(d)
The access road to the working shall be ditched or barred to the satisfaction of
the Authority.
13.
If the mineral working contains reserves of material sufficient to support further
extraction operations, the Authority may require the work described above to be carried
out only in areas of the site where extraction has depleted aggregate reserves.
14.
Short-term Mineral Workings
The following conditions shall apply to a Mineral Working which is subject to a
Department of Natural Resources and Energy Quarry Permit or which is proposed for a
duration of less than five years. The Authority may require an applicant for a
development permit under this condition to meet the stipulations set out in condition
18 below, if the Authority determines that the size of the parcel or of the proposed
mineral working, or the size of the aggregate resource in the surrounding area is
sufficiently large or the duration is sufficiently long to warrant the application of
condition 18.
(a)
An application for a development permit for the proposed Mineral Working use
shall be accompanied by a detailed sketch or sketches satisfactory to the
Authority which shall show the location of physical site features and extraction
and processing features required by the Authority, including but not limited to:
(i)
the general area of the location of the mineral working;
(ii)
boundaries of the parcel to be mined (ie. land covered by the
development application);
(iii)
extent of the site area to be mined;
(iv)
roads, parking and loading areas and entrance and exit to the site;
(v)
waterbodies within the boundaries;
(vi)
waterbodies within 250 metre radius of the boundary;
(vii)
channels or ponds to be removed, shifted and created; and
(viii)
the location of any building or structure and equipment which will be
located on the site.
(b)
Upon completion of the mineral working operations on the site, the developer
shall meet the conditions set out above and any other condition(s) stated in the
development permit that the Authority deems necessary for restoration of the
site.
(c)
A temporary development permit may be issued for a maximum of one year and
may not be renewed after five consecutive years. Upon expiry of the
development permit the Authority shall inspect the site to confirm compliance
with the development permit and development regulations.
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15.
Long-term Mineral Workings
The following conditions shall apply to a Mineral Working subject to a Quarry Lease 5
years or greater.
(a)
An application for a development permit shall include a Mineral Working
Development Plan satisfactory to the Authority for the proposed Mineral
Working use, which shall include a site plan showing the location of physical site
features and extraction and processing features required by the Authority
including but not limited to:
(i)
boundaries of the parcel to be mined;
(ii)
extent of site area(s) to be mined;
(iii)
buildings and structures on the site;
(iv)
roads, parking and loading areas and entrance and exit to the site;
(v)
fences, berms and landscaping provided for screening;
(vi)
waterbodies and channels to be removed, shifted and created;
(vii)
location and expected maximum height of stockpiles of mined ores,
sand and gravel;
viii)
location of major machinery and conveyors for receiving and processing
raw ores including machinery for sifting, washing and grading ores, and
the manufacturing of concrete and stone products;
(ix)
the probable location of storage piles of topsoil and overburden
removed from earlier phases of mined areas and temporarily being
stored for replacement under the Reclamation plan; and
(x)
intended phases of mining operations to be carried out over all portions
of the site.
(b)
An application for a development permit shall include a Mineral Working
Reclamation Plan satisfactory to the Authority for the proposed mineral working
use which shall explain, illustrate and show to the satisfaction of the Authority a
plan for restoration of the site which includes final ground contours, slopes,
depth of topsoil, and vegetation and a phasing plan if necessary in the form of a
grading and landscape plan or plans.
16.
Financial Guarantee
(a) The developer shall provide a financial guarantee in the form of a performance
bond or unconditional and irrevocable letter of credit or other form acceptable
to the Authority.
(b) The financial guarantee shall be the greater of (a) $5,000 per hectare, prorated
on the basis of area to a minimum of $500, or (b) an amount to cover the costs
of restoring or landscaping the site after the quarry operations have ended or
the site is abandoned by the applicant.
(c) The financial guarantee shall be returned when the Reclamation Plan has been
carried out or the development terminated and any conditions attached to the
development permit have been met to the satisfaction of the Authority."
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17.
Permit Fee
The development permit fee for a Mineral Working use shall be determined by the
Authority in an amount sufficient to cover the review of the Development and
Reclamation Plans or the detailed sketch as required above, and determination of the
amount of the financial guarantee described in section 16 above by a professional
engineer, ongoing inspection of the site for conformity with the named Plans or
sketches and with the conditions of the development permit, and inspection of the site
to determine acceptable reclamation for purposes of return or cancellation of the
financial guarantee.
18.
Buffer (around waterways)
The area 15 metres in width on each side of rivers, ponds and tributary streams shall be
left in a natural state. Its precise limits shall be identified and determined by the Federal
Department of Fisheries and Oceans and Provincial Department of Municipal Affairs and
Environment, Water Resources Management Division.
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USE ZONE TABLE
ZONE TITLE AGRICULTURE (Ag)
PERMITTED USE CLASSES - (see Regulation 89)
Agriculture, forestry, animal, conservation.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Veterinary, outdoor market, general industry, mineral working, antenna, and single dwelling.
CONDITIONS FOR AGRICULTURE ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are complementary to permitted uses and will not adversely
affect the quality or quantity of water identified as a water supply source.
2.
Forestry, Agriculture, and Existing Uses
Selective forestry activities, agriculture, and the maintenance and limited extension of
existing uses may be permitted provided they cause no detrimental effect on water
quality.
3.
Single Dwelling
Single residential dwellings may be permitted in conjunction with a permitted use such
as agriculture or forestry. The agricultural use shall be a commercial business and the
full time farmer shall obtain a minimum of 50 % of his or her gross income from the
farm operation. The commercial operation shall be in operation for a minimum of two
years before Council will approve any residential development.
4.
Buffer (around waterways)
The area 15 metres in width on each side of rivers, ponds and tributary streams shall be
left in a natural state. Its precise limits shall be identified and determined by the Federal
Department of Fisheries and Oceans and Provincial Department of Municipal Affairs and
Environment, Water Resources Management Division.
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USE ZONE TABLE
ZONE TITLE CEMETERY (CM)
PERMITTED USE CLASSES - (see Regulation 89)
Cemetery.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
None.
CONDITIONS FOR CEMETERY ZONE
1.
Accessory Building
An accessory building may be permitted in association with a cemetery and shall
have a maximum floor area of not more than 20 m2. Accessory buildings shall be
located a minimum of 1 metre from a side and rear lot line and shall have a
height of not more than 4 metres.
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USE ZONE TABLE
ZONE TITLE WATERSHED (WAT)
PERMITTED USE CLASSES - (see Regulation 89)
Conservation.
DISCRETIONARY USE CLASSES - (see Regulations 32 and 90)
Forestry, agriculture, recreation open space, water treatment plant and antenna.
CONDITIONS FOR WATERSHED ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of
Council provided that they are complementary to permitted uses and will not adversely
affect the quality or quantity of water identified as a water supply source.
2.
Forestry, Agriculture, and Existing Uses
Selective forestry activities, agriculture, and the maintenance and limited extension of
existing uses may be permitted provided they cause no detrimental effect on water
quality.
3.
Recreation
Only passive recreational activities such as hiking and skiing shall be permitted in the
watershed area.
4.
Habitat Management Units
The Pouch Cove Land Use Zone map identifies habitat management units as part of the
Municipal Habitat Stewardship Agreement (Conservation Management Plan) located at
Pigeon Island, Pouch Cove Northeast Pond, Old Pond, Peyton's Pond, Grog Pond, Shoe
Cove Pond, North Three Island Pond and three coastal areas (Otter Gulch, Gruchy Point
and Strawberry Point). Applications for development within the wetlands areas within
the habitat management units shall be referred to the Wildlife Division, Department of
Fisheries and Land Resources for a review.
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OFF-STREET PARKING REQUIREMENTS
CLASS - ASSEMBLY USES
(a) Theatre
Two spaces for every 5 seats
(b) Cultural and Civic
One space for every 50m2 of gross floor area
(c) Educational
K - 12 - 3 spaces for every classroom.
Other facilities - 1 space for every 5 persons using the facilities (students,
faculty and staff)
(d) Place of Worship
Two spaces for every 5 seats
(e) Passenger Assembly
As specified by the Council
(f) Private Club
One space for every 3 persons that may be accommodated at one time
(g) Catering
One space for every 3 persons that may be accommodated at one time
(h) Lounges and Bars
One space for every 3 persons that may be accommodated at one time
(i) Funeral Home
One space for every 10m2 of gross floor area
(j) Child Care
One space for every 20m2 of gross floor area
(k) Amusement
One space for every 10m2 of gross floor area
(l) Indoor Assembly
One space for every 10 persons that may be accommodated at one time
(m) Outdoor Assembly
As specified by the Council
CLASS - INSTITUTIONAL USES
(a) Detention Centre
As specified by the Council.
(b) Medical Treatment and Special Care
One space for every 20m2 of gross floor area
(c) Special Care
One space for every bed
(d) Collective Residential
As specified by the Council
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CLASS - RESIDENTIAL USES
(a) Single Dwelling
Two spaces for every dwelling unit
(b) Double Dwelling
Two spaces for every dwelling unit
(c) Row Dwelling
Two spaces for every dwelling unit
(d) Apartment Building
Three spaces for every 2-dwelling units
(e) Subsidiary Apartment
Two spaces for every apartment unit
(f) Hospitality Home
As specified by the Council
(g) Boarding House Residential
One space for every residential unit
(h) Mobile Home
Two spaces for every residential unit
CLASS - BUSINESS AND PERSONAL SREVICES
(a) Office
One space for every 20m2 of gross floor area
(b) Professional Service
One space for every 20m2 of gross floor area
(c) Personal Service
One space for every 20m2 of gross floor area
(d) General Service
One space for every 20m2 of gross floor area
(e) Communications
As specified by the Council
(f) Home Occupation
Minimum of 1 space per non-resident employee
CLASS - COMMERCIAL USES
(a) Shopping Centre
One space for every 20m2 of gross floor area
(b) Shop
Min. of 2 spaces plus one space for every 20m2 of gross floor area
(c) Convenience Store
Min. of 2 spaces plus one space for every 20m2 of gross floor area
(d) Take-Out Food
Min. of 2 spaces plus one space for every 15m2 of gross floor area
(e) Vending Stand
Minimum of 2 spaces plus additional as specified by the Council
(f) Indoor Market
As specified by the Council
(g) Outdoor Market
As specified by the Council
(h) Service Station
One space for every 20m2 of gross floor area
(i) Commercial Residential
One space for every rental room
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CLASS - INDUSTRIAL USES
(a) Hazardous Industry
One space for every employee, plus 3
(b) General Industry
One space for every employee, plus 3
(c) Light Industry
One space for every employee, plus 3
CLASS - NON-BUILDING USES
(a) Outdoor Recreation
As specified by the Council
(b) Conservation
As specified by the Council
(c) Cemetery
As specified by the Council
(d) Scrap Yard
As specified by the Council
(e) Animal
Min. of 2 spaces plus one space for every 20m2 of gross floor area
(f) Transportation
As specified by the Council
Typical Parking Space Standards:
-
Minimum 2.75x 5.8
-
Minimum size 16 m2 (General Regulations Article 51)
-
Must be graded and surfaced with concrete, asphalt, or other hard dustless surface material as
approved by Council
-
Parking Space surface shall not conceal or alter municipal infrastructure
-
Retaining walls shall taper down flush with the sidewalk or curb
-
Parking Spaces shall not adversely affect adjacent properties.