Town of Raleigh Development Regulations
Raleigh, Newfoundland and Labrador
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Town of Raleigh Development Regulations for 2019- 2029
As approved by Council 23 July 2019
TOWN OF RALEIGH
DEVELOPMENT REGULATIONS
FOR
2019-2029
As approved by Council 23 July 2019
Town of Raleigh Development Regulations for 2019-2029
As approved by Council 23 July 2019
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Town of Raleigh Development Regulations for 2019- 2029
As approved by Council 23 July 2019
TABLE OF CONTENTS
COUNCIL RESOLUTIONS TO ADOPT AND APPROVE, CERTIFICATES
SECTION A
NEWFOUNDLAND REGULATION 3/01,
MADE BY MINISTER OF MUNICIPAL
AND PROVINCIAL AFFAIRS, 2 JANUARY, 2001
SECTIONB
DEVELOPMENT REGULATIONS
APPLICATION
Page
1
7 & 9
11
1 .
Short Tit.le .......... . .... . .. ... ........... . ........... ... . ..... ..... 21
2.
Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3 .
Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
4 .
Municipal Code and Regulations .......... . . .. ......... . . ...... .. ... .. . 21
5.
Authority .... .. ... .. .... . ........... .. . . ...... .. .. . .. .. .......... . ... 21
PART I -GENERAL REGULATIONS
6 .
Compliance With Regulations . . . .... .. .... . ............... .... ..... . . .. 22
7 .
Perm.it Required ... .... .... .. . ....... .. ............ . .... . ........ . . . .. 22
8 .
Permit to be Issued ............ ........ .. .. ....... .. ........ ... ..... . 23
9 .
Permit Not to be Issued in Certain Cases .. ......... .. ................ 23
10 .
Discretionary Powers of Authority ..... . .. ................... . . . .... . 24
Town of Raleigh Development Regulati ons for 2019- 2029
As approved by Council 23 July 2019
11. Variances ... . ....... .. .............................................. . 24
12.
Notice of Variance . ........ . ............................ . . .. ........ 25
13.
Service Levy .. . ............................. ........ .... . .... . .. . ... 25
14.
Financial Guarantees by Developer ................................... 25
15.
Dedication of Land for Public Use ... ........ . ... .... .. .... .. ..... . .. 26
16.
Reinstatement of Land ............................................... 26
17.
Form of Application . ...................... .. ........................ 26
18.
Register of Application ........................................ ... .. 27
19 .
Deferment of Application .. . ..... . . . ..... . .. ......................... 27
20 .
Approval in Principle .. . ......... ..... ....... .. ................ .. ... 27
21 .
Development Permit .... . . ...... ... . .. ........ ... . .. .............. .. .. 27
22.
Reasons for Refusing Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8
23 .
Notice of Right to Appeal ........................................... 29
24. Appeal Requirements ....... . . . . . ..... . .. ... .. . .. .... . ............. .... 29
25. Appeal Registration
29
26.
Development Prohibited ... .. .. .... ... ..... . .. .. ... .. ....... .. .. ...... 30
27.
Appeal Board ..... . .......................... ...... .. ..... .. .. ....... 30
28 .
Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
29.
Hearing Notice and Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
30 .
Hearing of Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
31 .
Return of Appeal Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
32.
Notice of Application ....... . .. ..... ............... ..... . ... ... .... . 33
33.
Right of Entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
34.
Record of Violations .............. .. ..... . ... . . . ... . .. ........ ... ... 33
35 .
Stop Work Order and Prosecution ... ...... .. ..... ............ ... ...... 33
36
Delegation of Powers . ... ..... .. .... ..... .. ... .. . ...... . ..... . ... .. . .. 34
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Town of Raleigh Development Regulations for 2019- 2029
As approved by Council 23 July 2019
36
Delegation of Powers . . . .. ............ ... .. . . ... . . . . . ... . . ... .. . .... .. 34
PART II - GENERAL DEVELOPMENT STANDARDS
37 .
Accesses and Service Streets . .. .. .. ... . . . .. . ........................ 35
38.
Accessory Buildings and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
39 .
Advertisements .. .. ... .... . .. . .... . .... . . . .......... .. ............... 36
40 .
Buffer Strips for Industrial Uses and Public Trails .... . .. . ... . ... .. 36
41 .
Building Height .... .... . .... ......... . ....... ... .. . . .. ... . .... .. .. .. 36
42 .
Building Line and Setback . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6
43.
Family and Group Care Centres .. . ..... .. .... . ........ .. . ... .. ... ..... 36
44 .
Height Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
45 .
Livestock Structures and Uses ... . .. ... .. ... .. . . . ............. ...... . 37
46 .
Archaeological Resources ............................. .. ........ .... . 37
47.
Lot Area and Size Exceptions .. ... .. ............... ... .. .. ... ... .. . . . 37
48 .
Lot Frontage ... .... . .... .... ............. . ........... . . .. ... . .. ... .. 38
49 .
Non-Conforming Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
50 .
Offensive and Dangerous Uses ........ . .......... . .. .. .. ...... . ....... 39
51.
Hazards to Building .... . . ....... .......... . .......... .. .. .. ... . ..... 40
52 .
Off-Street Parking and Loading Requirements ....... . ..... ... .... . .... 40
53.
Parks and Playgrounds,and Conservation Uses . .. ... ....... . .... . . .. ... 42
54.
Screening and Landscaping ........... ...................... ... .. ..... 42
55.
Services and Public Utilities .......... . ... ... ... .. ...... . . .... .. .. . 42
56.
Service Stations ......... . ....... . . ... . . .. ... .. .. ... ........ ... ... . . 43
57.
Yards , Fences and Retaining Walls .. . .................... ... . ........ 43
58 .
Removal of Quarry Materials .. . . ..... . . ... .... .. ........... . ...... ... 44
59.
Subsidiary Apartments Lot Areas and Yards .. .. ... .... . . .............. 45
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Town of Raleigh Development Regulations for 2019- 2029
As approved by Council 23 July 2019
60.
Unsubdi vided Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5
61 .
Zero Lot Line and Other Comprehensive Development; Flag Lot
Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5
PART Ill - ADVERTISEMENTS
62 .
Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7
63 .
Advertis ements Relating to Offsite Uses or Non-specific Uses ........ 47
64 .
Advertisements Prohibited in Street Reservation .. .... . .............. 47
65 .
Permit Valid for Limited Period .............. . .. .... .... . ......... . . 47
66 .
Removal of Advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7
67 .
Advertisements Exempt from Control ..... .. .. .. . ... ......... . .. . .. .. . . 48
68 .
Approval Subject to Condi tions . . ....... . .. . .. . ... . ......... .. . . ..... 48
69 .
Non-Conforming Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9
PART IV - SUBDIVISION OF LAND
70 .
Permit Required ........ .. ......................... .. ... . ...... .... .. 50
71 .
Services to be Provided . ............ . .... . ..... . ... .. ...... . ...... . . 50
72.
Payment of Service Levies and Other Charges ........... . .. . .... .... .. 50
73 .
Issue of Permit Subject t o Considerations . . . .. . ..................... 50
7 4 .
Building Perm.its Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
75 .
Form of Application ..... ... . . .. ....... .. .... .. .. . .. . ... . ..... . .... .. 51
76 .
Subdivision Subject t o Zoning ....... .. .... .. ..... . ..... . ............ 51
77.
Building Lines . . . . . . . ... ........... . ........ . .......... .. .......... . 51
78 .
Land for Publi c Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
79 .
Structure in Street Reservation . ......... . .. . ................. . .. . .. 52
80 .
Subdivision Design Standards ............. . .. . ..... . . . ....... . ... .. .. 53
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Town of Raleigh Development Regulations for 2019- 2029
As approved by Council 23 July 2019
81.
Engineer to Design Works and Certify Construction Layout ............ 5 4
82.
Developer to Pay Engineer's Fees and Charges .... . .... ..... . . .. . . . ... 55
83 .
Street Works May Be Deferred . . . . ... .. ... ... . .... ...... . ............. 55
84 .
Transfer of Streets and Utilities to Authority .... . .... .. .. ... ...... 55
85.
Restriction on Sale of Lots . ......... .. ... . ... .. . .... .... ...... ..... 56
86 .
Grouping of Buildings and Landscaping .. ... . ... . ........ . ........ .. .. 56
PART V - USE ZONES
87 .
Use Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
88 .
Use Groups, Divisions and Classes . . .... .... . ... .. . .. . ..... . .... .. ... 57
89.
Permitted Uses . . ... . ...... . . . . .. ... .. . .... . .. .. ... . .... ... . .. ....... 57
90.
Discretionary Uses . .. . . . . ........... . . .. ... . . . ............ . ......... 57
91 .
Uses Not Permitted . ........... .. ........ .... . . ...................... 58
SCHEDULES
SCHEDULE
A :
Definitions ..................... . ........ . .... ... .. . . . . .. ... 59
SCHEDULE
B :
Classificat i on of Uses of Land and Buildings
............ 73
SCHEDULE
C:
Us e Zone Tables ... .. ....... .. ..... . . .... . ...... ............. 79
SCHEDULE
D:
Off-Street Parking Requirements .................................. .. ................................. .. 92
SCHEDULE
E:
Land Use Zoning Map 1 .......................................... bound at rear of document
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Town of Raleigh Development Regulations for 2019- 2029
As approved by Council 23 July 2019
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Town of Raleigh Development Regulations for 2019- 2029
As approved by Council 23 J uly 2019
COUNCIL RESOLUTION TO ADOPT; CLERK'S AND MCIP CERTIFICATES
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council
of Raleigh adopts the Development Regulations for 2019 to 2029.
Resolved by the Town Council of Raleigh on the 19th day of June, 201 9.
Signed and sealed this _!j__ day of ~
~ vtvf
, 2019.
Mayor: ~ '
(Council Seal)
Clerk's Certificate:
Certified that the attached Development Regulations is a correct copy of the Development
Regulations for 2019 to 2029, adopted by the Council of the Town of Raleigh on the 19th day of
June, 2019.
j
Clerkf4,l. w ,__,
Canadian Institute of Planners Certification
I certify that the attached Development Regulations document has been prepared in accordance
with the requirements of the Urban and Rural Planning Act, 2000.
Member of the Canadian Institute of Planners
(MCIP Seal)
Jens Jensen . ng.,M Cl P
Date: :Z O /.{ .,, j ~ J f-
l>l', d111u11rn1 lfr~ula~ \ 111c111lm~
2019
REGISTEREQ
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Town of Raleigh Development Regulations for 2019- 2029
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Town of Raleigh Development Regulations for 2019- 2029
As approved by Council 23 July 2019
COUNCIL RESOLUTION TO APPROVE; CLERK'S CERTIFICATE
[resolution of Council to approve the Development Regulations.following completion of the requirements of
Sections 18 to 22 inclusive of the Urban and Rural Planning Act, 2000}
Whereas the Council of the Town of Raleigh adopted the proposed Development Regulations on
the 19th day of June, 2019, gave notices of their intention to so do by advertisements in the Northern
Pen, a newspaper circulating in the planning area, on the 26th day of June and 3rd day of July, 2019,
appointed a commissioner to hold the required public hearing on the 12th day of July, 2019, and,
whereas no submissions were received by the deadline time and the hearing was therefore
cancelled, resolved:
Under the authority of Sections 16, 17, 18 and 23 of the Urban and Rural Planning Act
2000, the Town Council of Raleigh approves the Development Regulations for 2019 to
2029, as released by the Department of Municipal Affairs and Environment.
Resolved by the Town Counci I of Ra lei gr
e 23'' day of July, 20 I 9.
Signed and sealed this _j___ day of ~
uJ1
, 20 19.
Mayor,(!Jj~
Clerk:~JJ
(Council Seal)
Clerk's Certificate:
Certified that the attached Development Regulations is a correct copy of the Development
Regulations for 2019 to 2029, approved by the Council of the Town of Raleigh,
on the a
day of July, 2019.
Clerk
/v,J<\ -14
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Town of Raleigh Development Regulations for 2019-2029
As approved by Council 23 July 2019
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Town o f Raleigh Development Regulations for 2019- 2029
As a pprov ed by Council 23 J uly 201 9
SECTION A
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, 200 I .
I. Short title
2. Definitions
3. Application
4. lntemretation
5. Notice of right to appeal
6. Appeal requirements
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
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Town of Raleigh Development Regulations fo r 2019- 2029
As approved by Council 23 July 2019
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
IO. Hearing of evidence
I I . Board decision
12. Variances
13. Notice of variance
14. Residential non confonnit
15. Notice and hearings on change of use
16. Non-confonnance with standards
I 7. Discontinuance of non-confonning use
I 8. Delegation of powers
I 9. Commencement
Short title
1. These regulations may be cited as the Minister 's Development Regulations.
Definitions
2. 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
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Town of Raleigh Development Regulations for 2019- 2029
As approved by Council 23 July 2019
(d) "development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
Application
3. (I) These regulations shall be included in the development regulations of an authority
and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations or
other regulations of an authority, these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
Interpretation
4. (I) (n 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 antennas,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
(c) "accessory use" means a use that is subsidiary to a permitted or discretionary use and
that is customarily expected to occur with the permitted or discretionary use;
(d) "building height" means the vertical distance, measured in metres from the established
grade to the
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Town of Raleigh Development Regulations for 2019- 2029
As approved by council 23 July 2019
(i) highest point of the roof su1face of a flat roof,
(ii) deck I ine 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;
(t) "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;
U) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for
a particular use or building;
(k) "lot area" means the total horizontal area within the lines of the lot;
(I) "lot coverage" means the combined area of all 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;
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Town of Raleigh Development Regulations for 2019- 2029
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(m) "non-conforming use" means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the legal right
to use the land under consideration;
(o) "permitted use" means a use that is listed within the permitted use classes set out in the
use zone tables of an authority 's development regulations;
(p) "prohibited use" means a use that is not listed in a use zone within 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 oflocal 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;
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Town of Raleigh Developmenc Regulacions f or 2019- 2029
As a pproved by Council 23 July 2019
(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.
Notice of right to appeal
5. Where an authority makes a decision that may be appealed under section 42 of the Act, that
authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
( d) manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6. (1) The secretary of the board at the Department of Municipal and Provincial Affairs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. John" s, Nfld., AlB 416 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 fit ing it with the secretary referred to in subsection (I) or (2) within the 14 days
referred to in subsection 42(4) of the Act.
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Town of Raleigh Development Regulations for 201 9- 2029
As approved by Council 23 July 2019
(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.
Appeal registration
7. (I) 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( I) 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.
Development prohibited
8. ( I) 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 (I).
(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.
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Town of Raleigh Development Regulations for 2019-2029
As approved by Council 23 July 201 9
Hearing notice and meetings
9. (I) 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.
Hearing of evidence
10. ( l) A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9( I) 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.
Board decision
11. A decision of the board must comply with the plan, scheme or development regulations that
apply to the matter that has been appealed to that board.
Variances
12. (I) Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development regulations, an
authority may, in its discretion. vary the applicable development standards to a maximum of I 0%
if, in the authority's opinion, compliance with the development standards would prejudice the
proper development of the land, building or structure in question or would be contrary to public
interest.
(2) 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 I 0%.
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(3) An authority shall not permit a variance from development standards where the proposed
development would increase the non confonn ity of an existing development.
Notice of variance
13. Where an authority is to consider a proposed variance, that authority shall give written notice
of the proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
Residential non conformity
14. A residential building or structure referred to in paragraph I 08(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.
Notice and bearings on change of use
15. 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-confonning
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-confonning building, structure or development and shall consider
any representations or submissions received in response to that advertisement.
Non-conformance with standards
16. Where a building, structure or development does not meet the development standards 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
Discontinuance of non-conforming use
17. An authority may make development regulations providing for a greater period of time than is
provided under subsection I 08(2) of the Act with respect to the time by which a discontinued non-
conforming use may resume operation.
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Delegation of powers
18. An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
Commencement
19. These regulations shall be considered to have come into force on January 1, 2001.
©©Earl G. Tucker, Queen's Printer
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Town of Raleigh Development Regulations f o r 2019- 2029
As approve d by Council 23 July 2019
1. Short Title
SECTIONB
DEVELOPMENT REGULA TIO NS
APPLICATION
These Regulations may be cited as the Town of Raleigh 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 Section B Regulations.
3. Commencement
These Regulations come into effect throughout the Raleigh 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 Gazelle.
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 or practices regulating or controlling the development, conservation and
use of land in force in the Town of Raleigh, shall, under these Regulations apply to the entire
Planning Area.
5. Authority
In these Regulations, "Authority'' means the Council of the Town of Raleigh.
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PART I - GENERAL REGULATIONS
6. Compliance With Regulations
(I) No development shall be carried out within the Raleigh Planning Area except in
accordance with these Regulations, unless expressly exempted.
(2) The Development Regulations is a legal document, binding upon Council and any
person or group using or proposing to use land anywhere within the Raleigh Planning
Area.
(3) The Water Resources Act, 2000, provides for regulation of numerous aspects of
management of water resources in the province. Administration of the regulations under
the Act is by the Water Resources Management Division of the Department of the
Environment. All development applications concerning the following topics may require
approval under the Water Resources Act 2000 in addition to approval by the Authority
under these Development Regulations:
a) Development within 15 metres of a waterbody or watercourse if in a Crown land
reservation;
b) Discharge of any effluent off the subject property;
c) Work in any body of water;
d) Lnfilling of water bodies or diversion of streams (usually not approvable if for
residential development);
e) Construction of wharves, breakwaters, slipways and boathouses: permits not needed
but the guidelines of that title must be followed;
t) Infilling or dredging associated with marine structures or other works; and,
(4) Constructing a development may require permits and/or approvals in addition to
approval pursuant to the Urban and Rural Planning Act, 2000, or the Water Resources
Acl, 2000, including but not limited to connection to NL Hydro electrical service.
Proponents are advised to consult the appropriate Government Service Centre, NL Hydro
and similar authorities according to topic, to determine requirements.
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.
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8. Permit to be Issued
Subject to Section B Regulations 9 and I 0, a permit shall be issued for development
within the Planning Area that conforms to:
(a)
the general development standards set out in Part 11 of these Section B
Regulations, the requirements of Part V of these Section B Regulations, and the
use classes, standards, requirements, and conditions prescribed in Schedule C of
these Section B Regulations for the use zone in which the proposed development
is located:
(b)
further to (a), the standards set out in any regulation or policy of the Authority
regulating or controlling development, conservation and use of land and buildings
and the supply of municipal water, sewer and street services to them, noting that
the Authority does not perform reviews of engineering, architectural or other
design subjects of buildings as may be found in the Building Code and/or other
ancillary codes;
(c)
the standards set out in Part JII 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
(a) 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 in a development agreement 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.
(b) Where a Crown Lands grant is required to enable a development, Council shall
review the policies of the Municipal Plan and the Development Regulations in the course
of considering their recommendations to make to Crown Lands on any proposed
development, and shall not recommend or support the grant where they are not satisfied.
Where a variance or discretionary approval or other approval pursuant to these
Development Regulations or the Urban and Rural Planning Act, 2000, is required, such
matters shall be considered and disposed satisfactorily before the grant is recommended.
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10. Discretionary Powers of Authority
(I)
In considering an application for a permit or approval in principle to carry out
development, the Authority shall take into account the policies expressed in the
Municipal Plan and any further scheme, plan or regulations pursuant thereto, and
shall assess the general appearance of the development of the area, the amenity of
the surroundings, availability of utilities, public safety and convenience, and any
other considerations which are, in its opinion, material, and notwithstanding the
conformity of the application with the requirements of these Regulations. The
Authority may carry out a site evaluation as described in the Municipal Plan
Section 7.0. The Authority may, in its discretion and as a result of its
consideration of the matters set out in this Regulation, approve, conditionally
approve or refuse the application.
(2)
An Authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the Authority's
regulations as discretionary, permitted or prohibited uses for that area.
11. Variances (Refer to Minister's Development Regulations, Section 12, January 2, 2001)
(1)
Where an approval or permit cannot be given by the Authority because a
proposed development does not comply with development standards set out in
development regulations, the Authority may, in its discretion, vary the applicable
development standards to a maximum of l 0% if, in the Authority's opinion,
compliance with the development standards would prejudice the proper
development of the land, building or structure in question or would be contrary to
public interest.
(2)
The Authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
would have a cumulative effect that is greater than a I 0% variance even though
the individual variances are separately no more than I 0%.
(3)
The Authority shall not permit a variance from development standards where the
proposed development would increase the non-conformity of an existing
development.
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12. Notice of Variance (Refer to Minister's Development Regulations, Section 13., Januaty 2,
2001)
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, at least ten days
prior to the date upon which the Authority will consider the matter.
13. Service Levy
( I)
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)
(3)
(4)
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 Section B Regulation 13(1) that are necessary for the real property to be
developed in accordance w ith the standards required by the Authority and for uses
that are permitted on that real property.
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefited by the public works related to all the
real property so benefited; and,
(b)
the density of development made capable or increased by the public work.
The Authority may require a service levy to be paid by the owner of the real
property;
(a)
(b)
(c)
(d)
at the time the levy is imposed;
at the time development of the real property commences;
at the time development of the real property is completed; or,
at such other time as the Authority may decide.
14. Financial Guarantees by Developer
(I)
The Authority may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may be
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(2)
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.
The financial provisions pursuant to Section B Regulation 14( I) 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 Authority and
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 Section B Regulation 78, the
Authority may require the dedication of a percentage of the land area of any subdivision
or other development for public use and such land shall be conveyed to the Authority in
accordance with the provisions of the Act.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Authority may order the developer the occupier of the site. or the owner or all of them to
reinstate the site, to remove all or any buildings, vehicles, watercraft, and equipment to
cover or fill all wells or excavations, and to close all or any accesses, or to do any of
these things or similar things for the purpose intended, 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 safe, secure and sanitary condition to the satisfaction of the Authority.
17. Form of Application
(I)
(2)
An application for a development permit or approval in principle shall be made
only by the owner or by a person authorized by the owner to the Authority on
such form as 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.
The Authority shall supply to every applicant a copy of the application forms
referred to in Section B Regulation 17(1) and a description of the plans,
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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.
19. Deferment of Application
(I)
The Authority may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations which have
not been determined by the Authority and on which a decision has not been com-
municated to the applicant within eight weeks of the receipt thereof by the
Authority, and on which consideration has not been deferred in accordance with
Section B Regulation 19( I), shall be deemed to be refused.
20. Approval in Principle
(1)
The Authority may grant approval in principle for the erection, alteration or
conversion of a building if, after considering an application for approval in
principle made under these Regulations, it is satisfied that the proposed develop-
ment is, subject to the approval of detailed plans, in compliance with these
Regulations.
(2)
Where approval in principle is granted under this Regulation, it shall be subject to
the subsequent approval by the Authority of such details as may be listed in the
approval in principle, which shall also specify that further application for approval
of these details shall be received not later than two years from the grant of
approval in principle.
21. Development Permit
(1)
A plan or drawing which has been approved by the Authority and which bears a
mark and/or signature indicating such approval together with a permit shall be
deemed to be permission to develop land in accordance with these Regulations
but such permission shall not relieve the applicant from full responsibility for
obtaining permits or approvals under any other regulation or statute prior to
commencing the development; from having the work carried out in accordance
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with these Regulations or any other regulations or statutes; and from compliance
with all conditions imposed thereunder.
(2)
The Authority may attach to a permit or to approval in principle such conditions
as it deems fit in order to ensure that the proposed development will be in
accordance with the purposes and intent of these Regulations.
(3)
Where the Authority deems necessary, permits may be issued on a temporary
basis for a period not exceeding two years, which may be extended in writing by
the Authority for further periods not exceeding two years.
(4)
A permit is valid for such period, not in excess of two years, as may be stated
therein, and if the development has not commenced, the permit may be renewed
for a further period not in excess of one year, but a permit shall not be renewed
more than once, except in the case of a permit for an advertisement, which may be
renewed in accordance with Part Ill of these Section B Regulations.
(5)
The approval of any application and plans or drawings or the issue of a permit
shall not prevent the Authority from thereafter requiring the correction of errors,
or from ordering the cessation, removal of, or remedial work on any development
being carried out in the event that the same is in violation of this or any other
regulations or statute.
(6)
The Authority may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit was
issued in error or was issued on the basis of incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter or thing in
being done for which a permit has been issued, a copy of the permit and any
plans, drawings or specifications on which the issue of the permit was based
during the whole progress of the work, or the doing of the matter or thing until
completion.
22. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit,
state in writing the reasons for so doing.
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23. Notice of Right to Appeal (Refer to Minister's Development Regulations, Section 5,
January 2, 2001)
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 makjng 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 ( Refer to Minister 's Development Regulations, Section 6, Janua,y 2,
2001)
( I)
(2)
The secretary of the Appeal Board at the Department of Municipal Affairs and
Environment, Main Floor, Confederation Building (West Block), P.O. Box 8700,
St. John's, Nfld., A I B 416 is the secretary to all Appeal Boards in the province
and an appeal filed with that secretary within the time period referred to in
subsection 42(4) of the Act shall be considered to have been filed with the
appropriate Appeal Board.
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 VT of the Act, the right to appeal
that decision shall be considered to have been forfeited.
25. Appeal Registration (Refer to Minister's Development Regulations, Section 7, Janua,y 2,
2001)
(1)
Upon receipt of an appeal and fee as required under the Act and these regulations,
the secretary of the Appeal Board as referred to in subsections 24(1) and (2), shall
immediately register the appeal.
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(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) shal I be pub I ished not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
26. Development Prohibited (Refer to Minister 's Development Regulations, Section 8,
January 2, 2001)
( I)
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 I 02 and I 04 of the Act apply to the Authority acting under subsection
( I).
(3)
Upon receipt of a notification of the registration of an appeal w ith respect to an
order under section I 02 of the Act, the Authority shall not carry out work related
to the matter being appealed.
27. Appeal Board
( I)
The minister may, by order, establish an Appeal Board and shall assign to the
Appeal Board a specific area of the province over which it shall have jurisdiction,
as outlined in section 40, of the Act.
28. Appeals
( I) A person or an association of persons aggrieved of a decision that, under the
regulations, may be appealed, may appeal that decision to the appropriate Appeal
Board where the decision is with respect to:
(a) an application to undertake a development;
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(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)
(5)
(6)
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.
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.
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
(8)
(9)
manner it considers necessary to reach a decision.
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.
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.
( I 0)
In determining an appeal, an Appeal Board may confirm, reverse or vary the
decision appealed from and may impose those conditions that the board considers
appropriate in the circumstances and may direct the Authority to carry out its
decision or make the necessary order to have its decision implemented.
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(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.
( 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 (Refer lo Minister ·s Development Regulations, Section 9,
January 2, 2001)
(I)
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
(Refer to Minister 's Development Regulations, Section 10, Janua,y
2, 2001)
( I)
An Appeal Board shall meet at a place within the area under its jurisdiction and
the appellant and other persons notified under Section B 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.
(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 Section B Regulation
24(2) shall be paid to him or her by the Authority.
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32. Notice of Application
( I)
When a change in non conforming use is to be considered under Section B
Regulation 49, the Authority shall, at the expense of the applicant, give notice of
an application to all persons whose land is in the immediate vicinity of the land, at
least ten days prior to the date upon which Council will consider the matter.
(2)
When a variance is necessary under Section B Regulation 11 , and the Authority
wishes to consider whether to authorize such a variance from development
standards the Authority shall, pursuant to Section B Regulation 12, give written
notice of the proposed variance to all persons whose land is in the immediate
vicinity of the land, at least ten days prior to the date upon which Council will
consider the matter.
(3)
When a proposed development is listed as a discretionary use in Schedule C of the
Section B Regulations and the Authority wishes to consider whether to approve
such a discretionary use, then the Authority shall give said written notice of the
proposed development to all persons whose land is in the immediate vicinity of
the land, at least ten days prior to the date upon which Council will consider the
matter.
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
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 Section B Regulation
35(1) is guilty of an offence under the provisions of the Act.
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36 Delegation of Powers (Refer lo Minister 's Development Regulations, Section 18, Janua,y 2,
2001)
An Authority shall, where designating employees to whom a power is to be delegated
under subsection I 09(2) of the Act, make that designation in writing.
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Town of Raleigh Development Regulations for 2019- 2029
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PART ll - GENERAL DEVELOPMENT STANDARDS
37. Accesses and Service Streets
(I)
(2)
(3)
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.
No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
A new street may not be constructed except in accordance with and to the design
and specifications laid down by the Authority.
38. Accessory Buildings and Uses
( 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 except where specifically exempted in these Section B Development
Regulations from this requirement.
(2)
(3)
(4)
(5)
No accessory building or part thereof shall project in front of any building line
except as may be prescribed in the use zone tables in these Section B Regulations.
The sideyard requirements set out in the use zone tables in these Section B
Regulations shall apply to accessory buildings wherever they are located on the
lot but accessory buildings on adjoining properties may be built to common
property boundaries provided they sh al I be of fire resistant construction and have
a code-compliant common firewall.
The requirements for maximum floor area, number, height, lot coverage and other
locational and dimensional criteria for structures and fences shall be as set out in
the use zone tables in these Section B Regulations.
Temporary use of land for community festivals, celebrations, laydown and
equipment yards during construction of a structure, and the like shall be deemed
to be accessory uses in all areas, and Council may at their discretion approve such
use subject to such conditions as may be deemed prudent and for no longer period
of time than one year.
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Town of Raleigh Development Regula~ions for 2019- 2029
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39. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part III of
these Section B Regulations.
40. Buffer Strips for Industrial Uses and Public Trails
I) Where any industrial development permitted in any appropriate 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.
2) Buildings, structures and alteration of elevations of land or vegetation thereon, within
15 metres of any public trail designated by the Authority, shall not be located or made
in such manner as would impede the safety or amenity of public use of the public
trails.
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 rear yard requirements
shall be varied as follows:
(1)
(2)
The building line setback shall be increased by 2 metres for every I metre
increase in height above the minimum required height.
The rear yard shall not be less than the minimum building line setback calculated
as described in (I) above plus 6 metres.
42. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed
street or service street and may require any new buildings to be located on those building
lines, whether or not such building lines conform to the standards set out in the tables in
Schedule C of these Section B Regulations.
43. Family and Group Care Centres
Family and group care centre use is permitted in any dwelling 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 and subject to the discretion of the Authority, the use of
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Town of Raleigh Development Regulations £or 2019- 2029
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the dwelling and the intended clientele do not materially and adversely affect the quiet
enjoyment of the other properties or residents of the neighbourhood in which it is located.
The Authority may require certified architectural designs and operations plans for special
access and safety features to be provided for the clientele, staff and neighborhood
residents, and proof of issue (or intent to issue) of any licenses or permits required by
authorities having jurisdiction for the speci fie cl ientele of the Centre, before the
development is permitted.
44. Height Exceptions
The height requirements prescribed in Schedule C of these Section B Regulations may be
waived in the case of antennas, wind turbines, 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 Section
B Regulation l O and w ith notice given under the provisions of Section B Regulation 32.
45. Livestock Structures and Uses
Livestock structures and other buildings or agricultural uses involving the keeping of
animals are not permitted in any part of the Planning Area except as may be provided in
the Use Zone Tables in Schedule C. Small animals may be kept as pets as accessory uses
anywhere in the Planning Area.
46. Archaeological Resources
Any proposal or application for a development that requires ground disturbance shall be
reviewed by the Authority to determine whether the site may be a site protected under the
Historic Resources Act and if so to be referred to the Provincial Archaeology Office for
assessment and clearance before work commences. Further, should any artifacts be
discovered during work on a site, work is to stop and the site is to be secured until such
an assessment has been conducted and the Authority has determined what, if any, work
may resume and under what conditions.
47. Lot Area and Size Exceptions
( I)
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 Section B Regulations for the zone
in which such lot is located.
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Town of Raleigh Developmenc Regulations f or 2019- 2029
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(2)
(3)
Where any part of a lot is required by these Section B 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.
Where, at the time of coming into effect of these Section B Regulations, one or
more lots already exist in any 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
Section B Regulations then these Section B Regulations shall not prevent the
issuing of a permit by the Authority for the erection of a building, 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 Section B Regulations.
48. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these
Section B Regulations, no building shall be erected unless the lot on which it is situated
fronts onto a street or forms part of a Comprehensive Development Scheme.
49. Non-Conforming Use
(Refer to Minis/er 's Developmenl Regula/ions, Sec/ion 14, 15, 16,
17, Janua,y 2, 2001)
(I)
Notwithstanding the Municipal Plan, scheme or regulations made under the
Urban and Rural Planning Ac!, 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 3 years after the discontinuance of that use.
(3)
A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (I)
(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;
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(4)
(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 exjsting 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;
(e)
(f)
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;
where the non-conformance is with respect to the standards included in
these development regulations, shall not be expanded if the expansion
would increase the non-conformity and an expansion must comply with
the development standards applicable to that building, structure or
development;
(g)
where the building or structure is primarily zoned and used for residential
purposes, it may, in accordance with the municipal plan and regulations,
be repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed but the residential building or structure, where being
repaired or rebuilt, must be repaired or rebuilt in accordance with the plan
and development regulations applicable to that building or structure.
Before making a decision to vary an existing use of a non-conforming building,
structure or development, the Authority shall give notice as specified in Section B
Regulation 32, 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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Town of Raleigh Development Regulac1ons for 2019- 2029
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51. Hazards to Building
I) Any proposal for the erection of a structure on a site which is potentially subject to
flooding, sea level rise, coastal erosion or any other physical hazard near watercourses or
water bodies, must be certified by a professional engineer and approved by the
Department of Municipal Affairs and Environment to ensure that development of the site
can take place without danger to health or safety, within a one hundred year time horizon.
2) All development must be above the current 2 metre above mean sea level contour, and set
back at least 30 metres from the seashore to provide a buffer against coastal erosion and
sea level rise, except that the following may be approved at Council' s discretion:
a.
structures or land uses requiring direct access to salt water, including wharves,
breakwaters, slipways and boathouses, and if approved such are to constructed
and operated in accordance with the Department of Municipal Affairs and
Environment's Guidelines for the Construction and Maintenance of Wharves,
Breakwaters, Slipways and Boathouses·
b.
a lesser setback than 30 metres from the seashore, but in no case less than 15
metres, where the proponent can demonstrate that the building(s) would be
founded directly on bedrock rather than on surficial soils, loose rock, or severely
fractured bedrock.
c.
public works and utilities·
d.
municipal park;
e.
mineral exploration.
3) Any proposal for development of a site having a slope in excess of 15% must be certified
by a professional engineer as having low risk of landslide, avalanche. and rockfall.
52. Off-Street Parking and Loading Requirements
( I)
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 or
occupancy shall confonn to the standards set out in Schedule D of these
Regulations.
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Town of Raleigh Development Regulations for 2019- 2029
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(3)
Each parking space, except in the case of single or double dwellings, shall be
made accessible by means of a durably surfaced right-of-way at least 3 m in
width. Parking required for a residential use shall be provided on the same lot as
that use. For other uses, parking spaces shall be provided not more than 200
metres distant from the use concerned.
(4)
(5)
The parking facilities required by this Section B Regulation shall, except in the
case of residential developments in the classes of single dwellings, double
dwellings, row dwellings, boarding houses, seasonal dwellings and mobile homes,
be arranged so that it is not necessary for any vehicle to reverse onto or from a
street, except where specifically exempted by the Authority.
Where, in these Section B Regulations, parking facilities for more than four
vehicles are required or permitted:
(a)
parking space shall mean an area of land, not less than 3 m wide by 6 m
long, capable of being used for the parking of a vehicle without the need to move
other vehicles on adjacent areas, and the lanes or aisles in a parking area which
give access to parking spaces shall be at least 6 m wide;
(b)
the parking area shall be constructed with paved surfaces and features to
control surface water, and maintained to the specifications of the Authority;
(c)
the lights used for illumination of the parking area shall be so arranged as
to divert the light away from adjacent development;
(d)
a structure, not more than 3 min 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 I m in height shall be erected and maintained along all
lot lines;
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(i)
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, and 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. The
number of loading spaces to be provided, if any, shall be determined by the
Authority.
U)
where, in the opinion of the Authority, strict application of the above
parking and loading space requirements set out in a) th.rough i) is impractical or
undesirable, the Authority may waive some or all of the requirements or as a
condition of a permit require the developer to pay a service levy in accordance
with these Section B Regulations in lieu of the provision of a parking area, and
the full amount of the levy charged shall be used by the Authority for the provi-
sion and upkeep of alternative parking facilities within the general vicinity of the
development.
53. Parks and Playgrounds and Conservation Uses
Nothing in these Section B Regulations shall prevent the designation of conservation
areas or the establishment of parks and playgrounds in any zones provided that such
parks and playgrounds are not located in areas which may be hazardous to their use and
are not operated for commercial purposes.
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 Section B Regulations shall then apply to that application. The
provision of adequate and suitable landscaping or screening may be made a condition of
any development permit where, in the opinion of the Authority, the landscaping or
screening is desirable to preserve amenity, or protect the environment.
55. Services and Public UtiJities
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
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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:
(a)
(b)
(c)
All gasoline pumps shall be located on pump islands designed for such purpose,
and to which automobiles may gain access from either side.
Pump islands shall be set back at least 4 metres from the front lot line.
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 IO metres and
the lot line between entrances shall be clearly indicated.
57. Yards, Fences and Retaining Walls
The following requirements shall apply to location and development of structures in yards
and of fences and retaining walls:
a) No structure except a fence or retaining wall or accessory building shall be located in any
yard prescribed in the use zone tables in these Section B Regulations.
b) All side yards shall be kept clear of obstructions other than fences and retaining walls, to
ensure a pathway of at least one metre in width to provide access to the side walls of
structures for fire suppression and maintenance and to rear yards for emergency
responders.
c) Fences may be erected in any yard of any lot or directly on the lot lines, subject to the
fo llowing:
1.
Fences are to be located at least 8 metres from the centreline of the travelled surface
of streets;
ii.
fences are to have a height of no more than 2 metres above finished grade,
including any ornamentation or projections above the general upper line of the
fence, and,
v.
Retaining walls are permitted, subject to requirements concerning structural
integrity, aesthetics and safety, as follows:
❖ Where a retaining wall is higher than 1.2 metres above finished grade, or
supportive of a building wall, foundation, drainage channel, pit, embankment, or
similar feature, the wall shall be designed by a professional engineer licensed in
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the province, said design to include space for maintenance of both sides of the
wall, and said designs to be subject to approval by Council.
❖ Barrier rails or fences shall be designed and built in compliance with the National
Building Code of Canada, having regard to the height and angle of the wall and
risk of persons, animals or vehicles falling down the wall.
❖ Retaining walls shall be set back from all property boundaries by a distance of at
least the height of the retaining wall and shall not block line of sight at street
intersections.
❖ Retaining walls shall not be placed in rights-of-way or street and utility
easements, so as not to interfere with traffic, access to utilities, or proper drainage
of the lot or other properties, whether or not a site grading and drainage plan was
involved in the design of the subdivision or site design for buildings and land
forming.
❖ Visible materials of construction shall be aesthetically benign, and not include
gabions or other wire mesh enclosures or facing, or use of rubble (waste masonry,
concrete, asphalt road excavation), demolition debris, vehicle tires, or similar
unsightly material, for facing.
Note to readers: the Town of Raleigh does not become involved in settling or mediating
boundary location or line fence disputes between abutting property owners over location
or materials of construction as this is a civil matter between the parties.
58. Removal of Quarry Materials
I) Quarry materials produced as a by-product of an approved development may be
removed from the development site provided that royalties are paid to the province as
required by the Quarry Materials Act, 1998. Materials removed for site preparation to
construct a building, including topsoil, overburden, and rock may be retained or re-used
on the development site (no royalties due) or removed from the site (royalties due).
Quarry materials include but are not limited to aggregate, fill, rock, stone, gravel, sand
clay, borrow material, topsoil, overburden, subsoil, and peat.
2) For approved developments where the extraction of quarry materials is occurring or
may be expected occur, the Town will send a copy of the development permit to the
Quarry Materials Section, Mineral Lands Division. Department of Natural Resources, at
quarries@gov .n I.ca.
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Town of Raleigh Developmen t Regulations fo r 2019- 2029
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59. Subsidiary Apartments Lot Areas and Yards
Subsidiary apartments may be permitted in single dwellings and mobile homes in
accordance with the requirements of the use zone table for the zone in which they are
located, 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; Flag Lot Requirements
(I)
(2)
The Authority may, at its discretion, approve the erection of structures which are
designed to form part of a zero lot line development or other comprehensive
layout which does not, with the exception of dwelling unit floor area, meet the
requirements of the Use Zone Tables in Schedule C, and provided that any
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 Tables apply where the layout adjoins other
development.
Development on flag lots is permitted where the requirements for the minimum
width of the leg or prolongation which provides access, and the following
requirements, are satisfied.
The location of a main or accessory building on a flag lot shall provide for yards
in the main body of the lot of at least the dimensional minimum requirements of
the building line setback, side yard widths, and rear yard depths ordinarily
required in the subject Use Zone, as if the main body of the existing flag lot were
an ordinary lot where most or the whole width of the lot abuts the street. Whereas
the ordinary meanings of side, front and rear yards are not relevant to a flag lot,
any yard in a flag lot can be deemed the front, side or rear yard for this purpose.
In a flag lot, the minimum width of the leg or prolongation which provides access
to a street shall be 6 metres at every point along its length, including the lot
boundary where the flag lot fronts directly on a street. Where the full leg width
cannot be provided in the area of the leg of the flag lot, by reason of limited space
between lot lines and existing structures or other physical features, all or part of
the required leg width may be provided in the form of a perpetual license or
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easement for vehicular and pedestrian access and connection to municipal and
utility services in favour of the flag lot, across adjacent lands. The said license or
easement shall not be deemed for the purpose of Section B Regulation 47 in this
Development Regulation to be an alienation or conveyance having the effect of
reducing the lot area of the lot(s) to which the easement or the license pertains.
The leg width, including any part of it which may be provided in the form of the
said license or easement, may be reduced by way of a variance pursuant to the
provisions for variances in these Development Regulations.
The requirement of Section B Regulation 48 shall apply to flag lots, in that the leg
or prolongation, including any part of it which may be provided in the form of the
said license or easement, shall abut directly upon a street.
(3)
Where permitted, boat sheds, boat houses, wharves and stages may be built to any
lot line which corresponds to the high water mark. Requirements for work in or
near water bodies or streams, and for any infilling or dredging or other work in or
near the waters, shall follow the provincial government Guidelines for the
Construction and Maintenance of Wharves, Breakwaters, Slipways and
Boathouses and any other requirements pertaining to work in water bodies.
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PART ill - ADVERTISEMENTS
62. Permit Required
Subject to the provisions of Section B Regulation 67, no advertisement or sign shall be erected or
displayed in any yards in the Planning Area unless a permit for the advertisement is first obtained
from the Authority in accordance with Section B Regulation 17.
63. Advertisements Relating to Offsite Uses or Non-specific Uses
The conditions to be applied to the erection or display of an advertisement which relates to a
specific land use not on the lot on which the advertisement is located, or not relating to any
specific land use, shall be as follows:
(i)
(ii)
Each such advertisement shall not exceed one square metre in area per sign face.
When the advertisement relates to a specific land use, it shall be located within a
reasonable distance of, and only show thereon the name and nature of the business
and/or directions to the premises to which it relates.
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 or land.
65. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement shall
for a limited period, not exceeding two years, but the permitted use may continue thereafter
notwithstanding expiry of the permit, subject to any conditions required at the time of approval
or as may be revised by the Authority from time to time.
66. Removal of Advertisements
The location, siting and illumination of each advertisement shall be to the satisfaction of the
Authority, having regard to the grade and alignment of streets, the location of street junctions,
the location of nearby buildings and the preservation of the amenities of the surrounding area.
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 location, siting, colour, illumination, or
structural condition, or;
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(b)
detrimental to the amenities of the surrounding area by virtue of becoming
dilapidated or referring to information no longer relevant, such as for no longer
existing premises.
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 I m1 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 land used for a home business, one nameplate not exceeding 0.2 m1 in area in
connection with the business carried on at that lot, on each separate building in
which a home business is conducted;
(f)
on any site occupied by a church, school, library, art gallery, museum, institution
or cemetery, one notice board not exceeding I m2 in area;
(g)
(h)
on the principal facade of any commercial, industrial or public building, the name
of the building or the name of the occupants of the building, in letters not
exceeding one-tenth of the height of that facade or 3 rn, whichever is the lesser;
on any parking lot or private lane, directional signs of a size and information
content usually associated with traffic control signs, to guide drivers to
appropriately use the parking facility
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
Section B Regulations.
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69. Non-Conforming Uses
Notwithstanding the provisions of Section B 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. Private water supplies and/or private sewage disposal systems shall not
be recognized by the Authority unless the requisite Certificate(s) of Approval, or a letter
of intent to grant, has been granted by the provincial government authorities. Connection
to the Authority's central water system is subject to compliance with the standards and
conditions of the Authority in that regard.
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,
utilitjes and streets deemed necessary for the proper development of the subdivision, and
al I service levies and other charges imposed under Section B 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 Municipal Plan and Section B Regulations affecting the site;
(d)
the land use, physical form and size of buildings anticipated to be developed on
the new lots and the character of adjacent developments related the same factors;
(e)
the capacity of streets to serve the volumes and characteristics of the vehicle and
pedestrian traffic expected, including the physical strength and longevity of the
existing streets to bear the loads and numbers of vehicles, and, the integration of
the proposed streets into the future street network;
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(t)
the relationship of the project to existing or potential sources of nuisance;
(g)
topography, soil and subsoil characteristics of each lot, and the related difficulty
or cost of landscaping and access;
(h)
(i)
G)
the drainage of the site and potential for affecting drainage of adjacent land;
natural features such as lakes, streams, topsoil, trees and shrubs;
prevailing winds;
(k)
visual quality;
(I)
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 pursuant to these Section B Development Regulations for each
building proposed to be erected in the area of the subdivision, and no such permit for any
building in the area shall be issued until the developer has complied with all the
provisions of these Section B 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 Section B Regulation 17.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
77. Building Lines
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines. In the case of flag lots which would be
created in the subdivision, the building lines will not necessarily be parallel to the street
line but will reflect the appropriate orientation of buildings and yards in the main body of
the flag lot.
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78. Land for Public Open Space
(I)
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 I 0% 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:
(2)
(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, or. the
Authority may waive the requirement;
(c)
the location and suitability of any land dedicated under the provisions of
this Section B 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 Section B Regulation
78( I)( d) above, sh al I be reserved by the Authority for the purpose of the acquisition or
development of land for public open space or other public purpose.
Land dedicated for public use in accordance with this Section B 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 Section B Regulations,
and the proceeds of any sale or other disposition of land shall be applied against the cost
of acquisition or development of any other land for the purposes of public open space or
other public purposes.
(3)
The Authority may require a strip of land to be reserved and remain undeveloped along
the banks of any river, brook or pond, and this land may, at the discretion of the
Authority. constitute the requirement of land for public use under Section B Regulation
78(1).
79. Structure in Street Reservation
The placing within any street reservation of any structure (for example, an electrical
power, telegraph or telephone pole, fire hydrant, mail box, fire alarm, or sign post) shall
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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 Section B
Regulations unless the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed IO per cent.
(b)
A cul de sac may be a temporary cul de sac, ie: a temporary street ending which is
constructed and used until an extension of the street into adjacent lands is
achieved in accordance with the street network described in the Municipal Plan or
as directed by the Authority. The maximum length of a cul de sac as stated in (c)
shall not apply to a temporary cul de sac. Every such temporary cul de sac shall
be provided with a turning circle of a diameter of not less than 30 m. and include
a street reservation to enable eventual extension of the street.
(c)
(d)
(e)
(f)
(g)
(h)
The maximum length of a permanent cul de sac shall be 500 m.
Emergency vehicle access to another street from a permanent cul de sac shall be
not less than 3 m in width and not exceed 10 per cent slope along its route.
Street reserves shall be provided to enable future extension of streets into adjacent
lands in accordance with any street network described in the Municipal Plan or as
directed by the Authority.
Streets in subdivisions shall intersect with or prolong an existing street or streets.
All street intersections shall be constructed within 5 degrees of a right angle and
this alignment shall be maintained for 30 m from the intersection.
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.
G)
No street block shall be longer than 500 m between street intersections.
(k)
Streets in 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:
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(I)
Type of Street
treet
Pavement
Sidewalk
Sidewalk
Reser-
Width
Width
Number
vation
All Streets:
15 m
9m
1.5 m
I
No lot intended for residential purposes shall have a depth exceeding four times
the frontage except where topography or unusual dimensions of the lot being
subdivided make this impractical.
(m)
Residential lots shall not be permitted which abut a local street at both front and
rear lot lines unless the circumstance is beyond the control of the proponent.
(n)
(o)
The Authority may require any existing natural, historical or architectural feature
or part thereof to be retained when a subdivision is developed.
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land, and each lot shall be laid out so as to maximize the usefulness of
the land to the eventual occupant, with regard to positioning of buildings,
driveways, and outdoor storage and activity areas.
(p)
Flag lots may be created by subdivision.
(q)
A lot to be created for an existing cemetery or expansion thereof may be of any
size and the requirements for access to a public street and water and/or sewer
services, and for dedication for public open space, shall be waived.
81. Engineer to Design Works and Certify Construction Layout
( 1)
Plans and specifications for al I water mains, hydrants, sanitary sewers. storm sewers and
all appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all
other utilities deemed necessary by the Authority to service the area proposed to be
developed or subdivided shall be designed and prepared by or approved by the Engineer.
Such designs and specifications shall, upon approval by the Authority, be incorporated in
the plan of subdivision.
(2)
Upon approval by the Authority of the proposed subdivision the Engineer shall certify all
work of construction layout pre I im inary to the construction of the works and thereupon
the developer shall proceed to the construction and installation, at his own cost and in
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accordance with the approved designs and specifications and the construction layout
certi tied by the Engineer, of all such water mains, hydrants, sanitary sewers and al I
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 where the
Authority undertakes to pay for for the preparation of designs and specifications and for
the layout and supervision of construction; such fees and charges being percentages of
the total cost of materials and labour for the construction and installation of all works
calculated in accordance with the Schedule of Fees recommended by the Association of
Professional Engineers of Newfoundland and in effect at the time the work is carried out.
An advance payment of the estimate plus up to 10 per cent may be required at the
discretion of the Authority.
83. Street Works May Be Deferred
The construction and installation of al I curbs and gutters, catch basins, sidewalks and
paving specified by the Authority as being necessary, may, at the Authority's discretion,
be deferred until a later stage of the work on the development of the subdivision but the
developer shall deposit with the Authority before approval of his application, an amount
estimated by the Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. ln 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, street reserves, or other rights-
of-way, or for other public use;
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(b)
all services or public works including streets, water supply and distribution and
sanitary and 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 expense of the developer, test the streets, services
and public works installed in the subdivision and certify his satisfaction with their
installation.
(3)
The Authority shall not provide maintenance for any street, service or public work in any
subdivision until such time as such street, service or public work has been accepted by
and transferred to 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 central and/or private water supply and/or
sewage disposal systems, and;
(b)
satisfactory access to a street is provided for the lots.
86. Grouping of Buildings and Landscaping
(I)
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 Section B Regulations the Planning Area is divided into Use
Zones which are shown on the Land Use Zoning Map I attached to and forming part of these
Section B Regulations.
(2)
Subject to Section B Regulation 87(3), the pennitted 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 Section B 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 at its discretion, detennine the standards,
requirements and conditions which shall apply.
88. Use Groups, Divisions and Classes
The specific uses to be included in each Use Group, Division and 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. The examples do not constitute the
whole range of possibilities which may be found in their respective classes.
89. Permitted Uses
( I)
Subject to these Section B Regulations, the uses that fall within the Permitted Use
Groups, Divisions, and Classes set out in the appropriate Use Zone Table in
Schedule C shall be permitted by the Authority in that Use Zone.
(2)
Where the permitted use is expressed by the title of a "Group" shown in Schedule
B, all of the uses in the divisions and classes of uses subordinate to that title shall
be permitted, and likewise where the pennitted use is expressed by the title of a
"Division" shown in Schedule B, all of the uses in the classes of uses subordinate
to that title shall be permitted.
90. Discretionary Uses
(I)
Subject to these Section B Regulations, the uses that fall within the Discretionary
Use Classes set out in the appropriate Use Zone Table in Schedule C may be
pennitted in that Use Zone if the Authority is satisfied that the development
would not be contrary to the general intent and purpose of these Section B
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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 Section B Regulation 32 and has considered
any objections or representations which may have been received on the matter.
(2)
Where the discretionary use is expressed by the title of a "Group" shown in
Schedule B, all of the uses in the divisions and classes of uses subordinate to that
title shall be permitted, and likewise where the discretionary use is expressed by
the title of a "Division" shown in Schedule B, all of the uses in the classes of uses
subordinate to that title shall be permitted, subject to the provisions of subsection
( I).
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.
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SCHEDULE A
DEFINITIONS
ACCESS: A way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street. (Refer to Minister ·s
Development Regulations, January 2, 200 l)
ACCESSORY BUILDING:
(i)
A detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is
customarily incidental or complementary to the main use of the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for
animals kept as domestic pets, or radio and television antennas,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks.
(Refer to Minister ·s Development Regulations, January 2, 2001)
ACCESSORY USE: A use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use. (Refer lo Minister's
Development Regulations, January 2, 2001)
ACT: The Urban and Rural Planning Act, 2000.
ADVERTISEMENT: 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
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utilities and public transport undertakers, and including any boarding or similar structure used or
adapted for use for the display of advertisements.
AGRICULTURE: Horticulture, fruit growing, grain growing, seed growing, dairy farming, the
breeding or rearing of animals for pet or commercial uses including raising of livestock or any
other creature kept for the production of food, wool, skins or fur, or for the purpose of its use in
the farming of land, the use of land as grazing land, meadow land, osier land, market gardens and
nursery grounds and the use of land for woodlands where that use is ancillary to the farming of
land for any other purpose. "Agricultural" shall be construed accordingly.
AMUSEMENT USE: The use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pinball games and slot
machine arcades and billiard and pool halls.
ANIMAL UNIT: Any one of the following animals or groups of animals:
I bull;
I dairy cow;
2 heifers;
2 beef cattle;
5 calves, veal or otherwise;
1 sow in farrow to finish operation (3 sows if under 150 kg live weight);
6 hogs;
3 boars;
150 female mink (including associated males and kits);
200 rabbits;
40 foxes;
7 goats;
I horse (including foal);
8 sheep--ewes (16 lambs);
125 laying hens;
500 turkeys, ducks, geese (based on 2,268 kg live weight = I unit).
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
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APARTMENT BUlLDING: A building containing three or more dwelling units, but does not
include a row dwelling.
APPLICANT: A person who has applied to an Authority for an approval or permit to carry out
a development.
APPEAL BOARD: The appropriate Appeal Board established under the Act.
ARTERIAL STREET: The streets in the Planning Area constituting the main traffic arteries of
the area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map.
AUTHORITY: The Town Council of Raleigh.
BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons
other than the immediate family of the owner or tenant.
BOAT SHED or BOAT HOUSE or STAGE or WHARF: a building or structure located on
land or in the water, at the edge of a water body, and used to house or berth boats and to store
related gear and equipment.
BOAT HOUSE: see Boat Shed
BUILDING: Every structure, erection, excavation, alteration or improvement whatsoever placed
on, over or under land, or attached, anchored or moored to land, and includes mobile structures,
vehicles and marine vessels adapted or constructed for residential, commercial, industrial and
other like uses, and any part of a building as so defined and any fixtures that form part of a
building.
BUILDING HEIGHT: The vertical distance, measured in metres from the established grade to
the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in
any case, a building height shall not include mechanical structure, smokestacks,
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steeples and purely ornamental structures above a roof. (Refer lo Minister's
Development Regulations, January 2, 2001)
BUILDING LINE: A line established by an Authority that runs parallel to a street line and is set
at the closest point to a street that a building may be placed. (Refer to Minister 's Development
Regulations, January 2, 2001)
BUILDING LINE SETBACK: see Front Yard Depth.
COLLECTOR STREET: A street that is designed to link local streets with arterial streets and
which is designated as a collector street in the Municipal Plan, or on the Zoning Map.
CONVENIENCE STORE: A small retail store that carries limited lines of goods, such as a
partial line of groceries, housewares, and clothing; gifts; speciality items; and, other goods and
which has a floor area dedicated to retail sales (including storage area) not exceeding 100 square
metres.
DAYCARE CENTRE or DAY NURSERY: A building or part of a building in which services
and activities are regularly provided to children of pre-school age during the full daytime period
as defined under the Day Nurseries Act, but does not include a school as defined by the Schools
Act.
DEVELOPMENT: The carrying out of any building, engineering, mining or other operations
in, on, over or under land, or the making of any material change in the use, or the intensity of
use of any land, buildings, or premise and without limiting the generality of the foregoing, shall
specifically include:
(a)
the making of an access onto a highway, road or way;
(b)
the erection of an advertisement or sign;
(c)
the parking of a trailer, or vehicle of any description used for the sale of refreshments or
merchandise, or as an office, or for living accommodation, for any period of time;
and shall exclude:
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(d)
the carrying out of works for the maintenance, improvement or other alteration or any
building, being works which affect only the interior of the building or which do
not materially affect the external appearance or use of the building;
(e)
the carrying out by a highway Authority of any works required for the maintenance or
(f)
improvement of a road, being works carried out on land within the boundaries of
the road reservation;
the carrying out by any local Authority or statutory undertakers of any works for the
purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or
other apparatus including the breaking open of any street or other land for that
purpose;
(g)
the use of any building or land within the courtyard of a dwelling house for any purpose
incidental to the enjoyment of the dwelling house as such.
DEVELOPMENT REGULATIONS: Regulations respecting development that have been
enacted by the relevant Authority.
DISCRETIONARY USE: A use that is listed within the discretionary use classes established in
the use zone tables of an Authority' s development regulations. (Refer to Minister ·s Development
Regulations, January 2. 2001)
DIRECTOR: The Director of Urban and Rural Planning or successor official.
DOUBLE DWELLING: A building containing two dwelling units, placed one above the other,
or side by side, but does not include a self-contained dwelling containing a subsidiary apartment.
DWELLING UNIT: A self-contained unit consisting of one or more habitable rooms used or
designed as the living quarters for one household.
ENGINEER: A professional engineer employed or retained by the Authority.
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ESTABLISHED GRADE:
(i)
where used in reference to a building, the average elevation of the finished surface of the
ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or 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. (Refer to Minister 's Development
Regulations, January 2, 2001)
FAMILY AND GROUP CARE CENTRE: A dwelling accommodating up to but no more than
six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this
definition includes, but is not limited to, facilities called "Family and Group Homes", "Group
Homes", "Halfway Houses", and "Foster Homes" and is classified in the Classification Table in
Schedule B as "Family & Group Homes".
FLAG LOT: A lot characterized by a shape in which the lot's main body of land is located some
distance from a street, typically lying behind other lots located along the street line, and in which
the main body of the lot is joined to the street by a narrower leg or prolongation which is part of
the flag lot; a substandard easement or right of way across another lot so as to gain access to a
street does not create a flag lot.
A flag lot is so named because its shape in a simple rectangular configuration resembles a flag on
a pole, where the main body of the lot is separated from the street and access to the street is
along the part of the lot having the narrow pole shape (the street lies at the foot of the pole). The
"pole" or narrow leg or prolongation lying between the main body of the lot and the street may
be of any configuration, not necessarily of uniform width; the minimum width thereof is stated in
Regulation 6 I. The concept is illustrated below:
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RECTANGULAR SHAPE
a
lot
b lot : lot :
'
.
'
.
STREET
a: main body of the flag lot
IRREGULAR SHAPE
----- ----~
'
lot :
lot
STREET
---------.
' '
'
b: leg or prolongation of the flag lot to
provide access to a street
FLOOR AREA: The total area of all floors in a building measured to the outside face of
exterior walls. (Refer to Minister's Development Regulations, January 2, 2001)
FRONTAGE: The horizontal distance between side lot lines measured at the building line.
(Refer to Minister's Development Regulations, January 2, 2001)
FRONT YARD DEPTH: The distance between the front lot line of a lot and the front wall of
the main building on the lot. This has the same meaning as "building line setback" as used in the
use zone tables.
GARAGE: A building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up,
demolishing, or treating any article, commodity or substance. "Industry" shall be construed
accordingly.
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GENERAL GARAGE: Land or buildings used exclusively for repair, maintenance and storage
of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY: The use of land or buildings for industrial purposes involving the
use of materials or processes which because of their inherent characteristics, constitute a special
fire, explosion radiation or other hazard.
INSPECTOR: Any person appointed and engaged as an Inspector by the Authority or by any
federal or provincial Authority or the agent thereof.
INSTITUTION: A building or pa1t thereof occupied or used by persons who:
(a)
are involuntarily detained, or detained for penal or correctional purposes, or whose
1 iberty is restricted, or;
(b)
require special care or treatment because of age, mental or physical limitations or
medical conditions.
LAND: Includes land covered by water, and buildings and structures on, over, or under the soil
and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY: Use of any land or buildings for any general industrial use that can be
carried out without hazard or intrusion and without detriment to the amenity of the surrounding
area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
LOCAL STREET: A street designed primarily to provide access to adjoining land and which is
not designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map.
LODGING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons other
than the immediate family of the owner or tenant.
LOT: Any plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building. (Refer lo Minister 's Development Regulations, January 2, 2001)
LOT AREA: The total horizontal area within the lot lines of the lot. (Refer to Minister's
Development Regulations, Janua,y 2, 2001)
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LOT COVERAGE: The combined area of all buildings on the lot measured at the level of the
lowest floor above the established grade expressed as a percentage of the total area of the lot.
(Re.fer to Minister 's Development Regulations, Janua,y 2, 2001)
MINERAL EXPLORATION: the search for and sampling of minerals or quarry materials
where the activity or activities involved meet the definition of "development" under the Urban
and Rural Planning Act. "Mineral'' and "quarry material" for the purpose of interpreting the
definition of mineral exploration (development) are as defined in the provincial Mineral Act and
Quarry Materials Act, 1998, respectively. Mineral exploration does not include mining or
mineral working (e.g., quarrying). Activities which meet the definition of mineral exploration
(development) are to be contrasted with mineral exploration activities that do not meet the
definition of development, examples of which typically include traditional prospecting,
geochemical sampling surveys (of rock, soil, sediment, water, or vegetation), ground-based and
airborne geophysical surveys, and the cutting of survey lines.
MINERAL WORKING: an operation consisting of one or more of the following activities: the
digging for, excavation, and removal of quarry materials (i.e., quarrying) (may involve blasting),
the removal of quarry materials previously excavated, the removal of quarry materials previously
deposited on site, the stockpiling of quarry materials, the processing of quarry materials (e.g.,
crushing, screening, washing), the production of civil construction materials which use quarry
materials in their natural form (e.g., asphalt, concrete), the re-processing of quarry materials
including from reclaimed civil construction materials (e.g., reclaimed asphalt, concrete), the
production of soil by blending organic materials with quarry materials, or the treatment or
remediation of soil. "Quarry material" for the purpose of interpreting the definition of mineral
working is as defined in the provincial Quarry Materials Act, 1998. Mineral working does not
include mining but may include mineral exploration (development) as a secondary activity.
Mineral working does not include the excavation and removal of quarry materials as a by-
product of an approved development.
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Town of Raleigh Oevelopmenc Regulations for 2019- 2029
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MINING: an operation involving the extraction of a mineral for sale and for which a mining
lease is required under the provincial Mineral Act administered by the Department of Natural
Resources. "Mineral" for the purpose of interpreting the definition of mining is as defined under
the Mineral Act. Mining may include. as secondary activities, mineral exploration (development)
and mineral working. Note that under the Mineral Act dimension stone (i.e., stone used for
building facades, gravestones, etc.) is considered a mineral in Newfoundland but a quarry
material in Labrador.
MOBILE HOME: A transportable factory-built single family dwelling unit:
(a)
which complies with space standards substantially equal to those laid down in the
Canadian Code for Residential Construction and is in accordance with the
construction standards laid down and all other applicable Provincial and
Municipal Codes and;
(b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot. and subsequently
supported on its own wheels, jacks, posts or piers, or on a permanent
foundation, with or without the wheels left attached, and;
(ii)
connected to exterior public utilities approved by the Authority, namely, piped
water, piped sewer, electricity and telephone, in order for such mobile
home unit to be suitable for year round term occupancy.
MOBILE HOME PARK: A mobile home development under single or joint ownership, cared
for and contro11ed by a mobile home park operator where individual mobile home lots are rented
or leased with or without mobile home units placed on them and where ownership and
responsibility for the maintenance and development of site facilities including underground
services, access roads, communal areas, snowclearing and garbage collection, or any of them, are
the responsibility of the mobile home park management, and where the mobile home
development is classified as a mobile home park by the Authority.
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Town o f Ral eigh Developme n t Regul ations for 201 9- 2029
As a pproved by Council 23 J uly 201 9
MOBILE HOME SUBDIVISION: A mobile home development requiring the subdivision of
land whether in single or joint ownership into two or more pieces or parcels of land for the
purpose of locating thereon mobile home units under either freehold or leasehold tenure and
where the maintenance of streets and services is the responsibility of a municipality or public
Authority, and where the mobile home development is classified as a mobile home subdivision
by the Authority.
NON-CONFORMING USE: means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone. (Refer to Minister 's Development Regulations, January 2, 2001)
OWNER: means a person or an organization of persons owning or having the legal right to use
the land under consideration. (Refer to Minister's Development Regulations, Janumy 2, 2001)
PARKING AREA: means an open area containing parking spaces and any interior aisles and
lanes necessary for parking and movement of motor vehicles.
PARKING SPACE: means a space exclusive of any driveways or interior aisles or lanes, upon
which one motor vehicle may be parked.
PERMITTED USE: means a use that is listed within the pennitted use classes set out in the use
zone tables of an Authority's development regulations. ( Refer to Minister ·s Development
Regulations, January 2, 2001)
PETROLEUM EXPLORATION AND EXTRACTION: an operation involving the
exploration and extraction of petroleum resources and for which the requisite permits have been
issued by the Department of Natural Resources.
PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working.
PROIDBITED USE: means a use that is not listed in a use zone within the permitted use classes
or discretionary use classes or a use that an Authority specifies as not permitted within a use
zone. (Refer to Minister 's Development Regulations, Janua,y 2, 200 I)
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Town of Raleigh Development Regulations for 2019- 2029
As approved by Council 23 July 2019
REARY ARD DEPTH: means the distance between the rear lot line and the rear wall of the
main building on the lot. (Refer to Minister 's Development Regulations, January 2, 2001)
RESTAURANT: A building or part thereof, designed or intended to be used or occupied for the
purpose of serving the general public with meals or refreshments for consumption on the
premises.
ROW DWELLING: Three or more dwelling units at ground level in one building, each unit
separated vertically from the others.
SEASONAL RESIDENCE: A dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
SERVICE STATION: Any land or building used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of motor
vehicles.
SERVICE STREET: A street constructed parallel to or close to another street for the purpose of
limiting direct access to that street.
SHOP: A building or part thereof used for retail trade wherein the primary purpose is the selling
or offering for sale of goods, wares or merchandise 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: A group of shops and complementary uses with integrated parking and
which is planned, developed and designed as a unit containing a minimum of 5 retail establish-
ments.
SHOWROOM: A building or part of a building in which samples or patterns are displayed and
in which orders may be taken for goods, wares or merchandise, including vehicles and
equipment, for later delivery.
SIDE YARD DEPTH: means the distance between a side lot line and the nearest side wall of
any building on the lot. (Refer to Minister 's Development Regulations, January 2, 2001)
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Town of Raleigh DevelopmenL Regulations for 2019- 2029
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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.(Refer to M;nister's Development Regulations, Janua,y 2, 2001)
ST AGE: see Boat Shed
STREET: means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles. (Refer 10
Minister's Development Regula/ions. Janua,y 2, 2001)
STREET LINE: means the the edge of a street reservation as defined by the Authority having
jurisdiction. (Refer to Minister 's Development Regulatfons, Janua,y 2, 2001)
SUBDIVISION: The dividing of any land, whether in single or joint ownership, into two or
more pieces for the purpose of development.
SUBSIDIARY APARTMENT: A separate dwelling unit constructed within and subsidiary to a
self-contained dwelling.
TAKE-OUT FOOD SERVICE: A building in which the primary purpose is the preparation and
sale of meals or refreshments for consumption off the premises.
TA VERN: Includes a nightclub and means a building licensed or licensable under the Liquor
Control Act wherein meals and food may be served for consumption on the premises and in
which entertainment may be provided.
USE: means a building or activity situated on a lot or a development permitted on a lot. (Refer to
Minister's Development Regulations, Janumy 2, 2001)
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.
(Refer to Minister 's Development Regulations, Janua,y 2, 2001)
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Town of Raleigh Devel opment Regul ations fo r 2019- 2029
As approved by Council 23 July 2019
VARIAN CE: means a departure, to a maximum of I 0% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use Zone
Table of the Authority's regulations. (Refer to Minister 's Development Regulations, January 2,
2001)
WHARF: see Boat Shed
WIND ENERGY SYSTEM or WIND TURBINE: means a mechanical system for the
conversion of wind energy to useful electrical or mechanical energy; a typical wind energy
system consists of a tower or mast supporting a rotating apparatus including a rotor, generator
and mechanical drives. and ancillary devices related to the control and maintenance of the
system. A tower supported wind turbine is self-supporting whereas a mast is stayed with guy
wires; for the purpose of these Regulations, the words ·tower" and "masf ' are used
i nterchangeab I y.
ZONING MAP: The map or maps attached to and forming part of the Authority's regulations.
(Refer to Minister's Development Regulations, January 2, 2001)
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Town o f Raleigh Developme nt Regula tions for 2019- 202 9
As approved by Council 2 3 July 2019
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
The classification of uses set out in the following table is based on the Classification of Typical
Occupancies included as Table 3.1.2.A of the National Building Code of Canada, 1980. This
classification is referred to in Regulation 87.
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
I.
Assembly Uses for the pro-
(a) Theatre
Motion Picture Theatres
USES
duct ion and viewing of
the
T.V. Studios admining an
performing arts.
audience.
2.
General Assembly Uses
(a) Cultural
Libraries
and Civic
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(b) General
Community Halls
Assembly-halls and
Lodge Halls
active exercise uses
Dance Halls
Gymnasia
Auditoria
Bowling Alleys
(c) Educational
Schools
Colleges
(non- residential)
(d) Place of
Churches and similar places of
Worship
worship.
Church Halls
(e) Passenger
Passenger Terminals
Assembly
(I) Club and
Private Clubs and
Lodge
Lodges (non-residential)
(g) Catering
Restaurants
Bars
Taverns
(h) Funeral
Funeral Homes and Chapels
Horne
(i) Child Care
Day Care Centres
G) Amusement
Electronic Garnes
Arcades
Pinball Parlours
Poolrooms
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Town of Raleigh Development Regulations for 2019- 2029
As approved by Counci l 23 July 2019
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
3. Arena-type Uses
(a) Indoor
Arenas
USES
Assembly
Armouries
(continued)
Ice Rinks
Indoor Swimming
Pools
4. Open-air Assembly Uses
(a) Outdoor
Bleachers
Assembly
Grandstands
Outdoor Ice Rinks and
Swimming Pools
Amusement Parks and Fair-
grounds
Exhibition
Grounds
Drive-in Theatres
B. INSTITU-
1. Penal and Correctional
(a) Penal and
Jails
TIONAL
Institutional Uses
Correctional
Penitentiaries
USES
Detention
Police Stations (with
detention quarters)
Prisons
Psychiatric
Hospitals (with
detention quarters)
Reformatories
2. Special Care
(a) Medical
Children's Homes
Institutional Uses
Treatment
Convalescent Homes
and Special
Homes for Aged
Care
Hospitals
Infirmaries
Orphanages
Psychiatric
Hospitals
Sanatoria
C. RESIDENTIAL
1. Residential
(a) Single
Single Detached
USES
Dwelling
Dwelling
Dwellings
Uses
Family & Group
Homes
(b) Double
Semi-detached
Dwelling
Dwelling
Duplex Dwellings
Family & Group
Homes
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Town of Raleigh Development Regulations for 2019- 2029
As approved by Council 2 3 July 2019
GROUP
DIVISION
C. RESIDENTIAL
I . Residential
USES
Dwelling
(continued)
Uses (continued)
2. General Residential Uses
D. BUSINESS
1. Business, Professional, and
& PERSONAL
Personal Service Uses
SERVICE
USES
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CLASS
(c) Row
Dwelling
(d) Apartment
Building
(a) Collective
Residential
(b) Boarding
House
Residential
(c) Commercial
Residential
(d) Seasonal
Residential
(e) Mobile
Homes
(a) Office
(b) Medical &
Professional
(cl Personal
Service
EXAMPLES
Row Houses
Town Houses
Family & Group
Homes
Apartments
Family & Group
Homes
Residential
Colleges &
Schools
University &
College Halls
of Residence
Convents & Monasteries
Nurses and
Hospital Residences
Boarding Houses
Lodging Houses
Hotels & Motels
Hostels
Residential Clubs
Campgrounds
Recreational Vehicle Parks
Summer Homes &
Cabins
Hunting & Fishing
Cabins
Mobile Homes
Offices (including
Government
Offices)
Banks
Medical Offices and Consulting
Rooms
Dental Offices & Surgeries
Legal Offices
Similar Professional
Offices
Barbers
Hairdressers
Beauty Parlours
Small Appliance
Repairs
Town of Raleigh Development Regulations for 2019- 2029
As approved by Council 23 July 2019
GROUP
DIVISION
D. BUSINESS &
1. Business,
PERSONAL
Professional
SERVICE
& Personal
USES
Service Uses
(continued)
(continued)
E. MERCANTILE
1. Retail Sale and
USES
Display Uses
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CLASS
(d) General
Service
(e) Communications
(fl Police
Station
(g) Taxi Stand
(h) Take-out
Food Service
(i) Veterinary
(a) Shopping
Centre
(b) Shop
(c) Indoor
Market
(d) Outdoor
Market
(e) Convenience
Store
I
EXAMPLES
Self-service
Laundries
Dry Cleaners (not using
flammable or explosive
substances)
Small Tool and Appliance
Rentals
Travel Agents
Radio Stations
Telephone
Exchanges
I
Police Stations
without
detention
quarters
Taxi Stands
Take-out Food
Service
Veterinary
Surgeries
Shopping Centres
Retail Shops and
Stores and
Showrooms
Department
Stores
Market Halls
Auction Halls
Market Grounds
Animal Markets
Produce and
Fruit Stands
Fish Stalls
Confectlona ry
Stores
Corner Stores
Gift Shops
Specialty Shops
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Town of Ral eigh Development Regulations for 2019-2029
As approve d by Council 23 July 2019
GROUP
DIVISION
F. INDUSTRIAL
1. Industrial uses involving
USES
highly combustible and
hazardous substances and
processes.
2. General
Industrial
Uses involving
Limited
Hazardous
Substances and
Processes.
3. Light, Non-
hazardous or
Non-intrusive
Industrial Uses.
G. NON-
1. Uses not directly
BUILDING
related to
USES
building
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CLASS
(a) Hazardous
Industry
(a) General
Industry
(bl Service
Station
(a) Light
Industry
(a) Agriculture
(bl Forestry
(cl Mining, Mineral
Exploration, Mineral
Working, Petroleum
Exploration and Extraction
EXAMPLES
Bulk Storage of
hazardous
liquids and sub-
stances.
Chemical Plants
Distilleries
Feed Mills
Lacquer. Mattress,
Paint, Varnish,
and Rubber
Factories
Spray Painting
Factories
Cold Storage
Plants
Freight Depots
General Garages
Warehouses
Workshops
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
Gasoline Service
Stations
Gas Bars
Light Industry
Parking Garages
Indoor Storage
Warehouses
Workshops
Commercial Farms
Hobby Farms
Market Gardens
& Nurseries
Tree Nurseries
Silviculture and harvesting
Separate classes of uses as
defined in Schedule A
Town of Raleigh Developmenc Regulacions for 2019- 2029
As approved by Council 23 July 2019
GROUP
DIVISION
G. NON-
1. Uses not directly
BUILDING
related to building.
USES
(continued)
(continued)
78
CLASS
(d) Recreational Open
Space
(el Conservation
(fl Cemetery
(g) Scrap Yard
(h) Solid Waste
(i)Animal
(j) Antenna or Wind
Turbine
(k) Transportation
I
EXAMPLES
I
Playing Fields
Sports Grounds
Parks
Playgrounds
Watersheds
Buffer Strips
Flood Plains
I
Architectural, Historical and
Scenic Sites
Steep Slopes
Wildlife
I
Sanctuaries
Cemeteries
Graveyards
Car Wrecking Yards
Junk Yards
Scrap Dealers
Solid Waste
Disposal
Sanitary land Fill
Incinerators
Animal Pounds
Kennels
Zoos
TV, Radio and
Communications
Transmitting and
Receiving Masts
and Antennas
Wind Turbine
Airfields
I
Railway Yards
Docks and Harbours
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Town of Raleigh Development Regulations for 2019- 2029
As approved by Council 23 July 2019
NOTE:
SCHEDULE "C"
USE ZONE TABLES
This schedule contains tables showing the use classes which may be permitted or
which may be treated as discretionary use classes for the purpose of these
Regulations. The tables also indicate the required standards of development and
may also include conditions affecting some or all of the use classes.
The schedule contains tables for the following Use Zones, for which the
abbreviations are as noted:
Mixed Development. ............................................................................... MD
Burnt Cape Ecological Reserve .......................................................... BCER
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Town of Raleigh Devel opment Regulations for 2019- 2029
As approved by Council 23 July 2019
USE ZONE TABLE
ZONE TITLE
MIXED DEVELOPMENT (MD)
PERMITTED USES
(RALEIGH)
I) Single dwelling, seasonal dwelling, and mobile home classes, and subsidiary
apartments therein
2) Home businesses in the following classes and subject to Condition 4:
a) child care
b) office
c) medical and professional
d) personal service
e) general service
t) veterinary
DISCRETIONARY USES
I. Any other use except for the classes of:
a. Hazardous industry
b. Agriculture involving keeping of animals except as described in Condition 5
c. Scrapyards
d. Solid waste
NOTE: see Section B Regulation 10 concerning the Discretionary Powers of Authority.
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Town of Raleigh Development Regulat1ons for 2019- 2029
As approved by Council 23 July 2019
STANDARDS
WHERE PERMITTED
Single
Double
Row
APARTMENT BUILDING
Dwelling,
Dwelling
Dwelling
I
2
3
4 +
Seasonal
Dwelling,
Bed
Bed
Bed
Bed
Mobile Home
Apt.
Apt.
Apt.
Apt.
+ all other
uses not
named
Lot area (m2} minimum
450
390
350
200
250
280
300
*
*
-
*
*
-
(average)
Floor area (m2}
80 in the
80
65
40
50
60
70
minimum
dwelling and
-
-
-
-
-
-
40 in a
subsidiary
aoartment
Frontage (m) minimum
15
26
12
42
-
(average)
Building Line Setback
6
8
8
15
(m)
(minimum)
Rearyard Depth (m)
9
9
9
9
(minimum)
(3 m for
mobile homes)
Sideyard width (m)
1.5
1.5
1.5
5
(minimum)
Lot Coverage (%)
33
33
33
33
(maximum)
Height (m) (maximum)
8
8
10
10
- Per dwelling unit.
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Town o f Raleigh Development Regulacions for 2019- 2029
As approved by Council 23 July 2019
CONDITIONS
I. Discretionary Uses
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are in compliance with the policies of the Municipal Plan and
the requirements of the Development Regulations, and are complementary to uses within the
permitted use classes and that their development will not inhibit or prejudice the existence or
the development of such uses.
2. Accessory Buildings
In addition to the requirements of Section B Regulation 38, accessory buildings shall comply
with the following:
i.
On lots with area less than 930 m2, accessory buildings shall have a maximum floor
area of 55 m2 for each accessory building, and have total lot coverage of all accessory
buildings of no more than 7%, whichever is less.
ii.
On lots with area over 930 m2, Council may approve at their discretion floor areas of
more than 55 m2 for each accessory building, but their total lot coverage shall not
exceed 7%.
111.
Accessory buildings shall have a maximum building height of no higher than the
building height of the main building on the lot, except that Council may at its
discretion approve a higher accessory building where there is no significant aesthetic
or safety concern.
1v.
Accessory buildings shall be a minimum of 2 metres from the nearest part of a main
building and a minimum of 1.2 metres from any lot line, except as provided by
Section B Regulation 38(3).
v.
Accessory buildings shall be located in the rear yard or side yard of the lot, except
that Council may at their discretion approve a location in the front yard if the features
of the lot and bui )dings make it impractical to locate in the rear or side yards, or if a
front yard location will not have any significant adverse effect on the surrounding
neighbourhood.
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Town of Raleigh Development Regulations for 2019- 2029
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3.
Family and Group Care Centres
Family and group care centres may be permitted at Council's discretion in single dwellings
only, and subject to the conditions in Section B Regulation 43.
4. Home Based Businesses
Home business uses are subject to the following conditions and any other conditions related
to the specific site:
(i)
The use is clearly an accessory use to the residential use and does not detract from the
residential character of the neighbourhood.
(ii)
The use does not alter the residential appearance or require external modification of
the dwelling unit.
(iii)
Activities associated with the use shall be carried on inside the dwelling unit or inside
one or more accessory buildings separate from the dwelling structure but on the same
lot.
(iv)
Not more than twenty-five per cent of the floor area of the dwelling up to a maximum
of forty-five square metres, whichever is less, in the dwelling is devoted to the use.
The dwelling unit component of the floor area in the dwelling building must continue
to meet the dwelling unit minimum floor area requirement. All or some of the floor
areas in accessory buildings may be used for the home business use.
(v)
The use is operated by a resident(s) of the dwelling unit and their assistants and
employees, who are not required to be residents.
(vi)
Office uses shall be limited to those related to the classes of use named in the
Permitted Uses table.
(vii)
General service uses shall be limited to production of foodstuffs, including prepared
meals for consumption off the property; production or repair of on-site-made articles
such as small devices, clothing and arts and crafts; and, repair or adjustment of small
equipment such as appliances, small engines, and mechanical and electronic devices.
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Town of Raleigh Development Regulacions for 2019- 2029
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Incidental sales of items related to the main business is permitted.
(viii) Open or outdoor storage of vehicles, goods or materials is not pennitted.
(ix)
The use shall not generate traffic. sewerage or water use in excess of what is normal
in the residential area and can be accommodated by the existing municipal street,
water and sewer services or private water supplies and/or private sewage disposal
systems.
(x)
Activities associated with the use are to be not hazardous and not cause
noticeable noise, odour, dust or fumes, nor cause electrical interference or in any
other way result in a nuisance to the occupants of su1Totmding residences.
(xi)
No sign will be permitted other than a name plate not exceeding 0.2 m in area which
is attached to each of the building(s) in which home businesses are located. No
illumination or movement of the signs will be permitted.
(x ii)
The Authority may require fencing, screening and separation or a combination of the
two to protect the amenity of adjacent uses.
(xii)
Parking requirements are as set out in Schedule D, but a minimum of one space is
required for a home business use in addition to the minimum required parking for the
dwelling.
(xiv)
The residential lot has sufficient area to accommodate the parking requirements of
both the dwelling unit and the home business use.
(xv)
No change in type, nature or extent of the use shall be permitted except in accordance
with a permit issued at the discretion of the Authority.
5.
Keeping of Animals
Keeping of small animals such as dogs, cats, small birds and the like customarily kept as
household pets in Raleigh is permitted. Further, smal I birds such as chickens, ducks, and
geese may be kept up to a total of IO birds. Permits are not required for keeping of small
pets up to the limits described in this paragraph.
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Town of Raleigh Development Regul ations for 2019- 2029
As approved by Council 13 July 2019
Keeping of large animals including but not restricted to those cited in the definition of
Animal Unit in Schedule B, are permitted at Council's discretion provided that:
a) The proposed development is approved by the provincial Department of Fisheries and
Land Resources, including securing an approved Nutrient Management Plan and a
plan for management of other emissions or effects of the proposed development, all
as related to the number and types of animals to be kept and to the buildings, open
areas and infrastructure involved.
b) Any area of land or building involved in animal husbandry shall be at least I km from
the nearest existing dwelling or other structure.
Note to readers: the Town of Raleigh does not become involved by virtue of these
Development Regulations where pets are presenting dangers or nuisances to others, or
are not properly housed and given appropria1e care. In those cases, regulations
concerning public health, public safety, running at large, cruelty to animals, noise and
other such matters better enable authorities to deal with offending behaviour.
6. Services
No permit shall be issued for a development unless provisions appropriate to the
development and satisfactory to the Authority have been made for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system. Private water supplies and/or private sewage disposal systems shall not
be recognized by the Authority unless the requisite Certificates of Approval has been
granted by the provincial government authorities.
7. Proximity to Water Supply Wells
In the areas lying within 200 metres of each of the water supply wells protected pursuant
to Section 6 I of the Water Resources Act 2002, only conservation uses are permitted.
Extension or renovation of existing buildings and addition of accessory buildings may be
permitted at Council's discretion, provided that the proposed activities on the land do not
materially threaten the water supply. The proposed development must also be approved
by the Minister charged with administration of the Water Resources Act 2002.
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8.
Access
The frontage of each lot shall be on a publicly owned and maintained street and access to
the lot must be obtained from this street.
9.
Mobile Homes and Mobile Home Parks
Mobile homes shall meet the same standards and conditions as specified for single
dwellings except that the minimum rear yard depth shall be reduced as shown in the
Standards Table. Exterior finishes and features shall be of a type found in conventional
single dwelling construction in the community.
Development of mobile home parks as defined in Schedule A shall be subject to the same
standards and conditions as for residential subdivisions, and shall be subject to a
development agreement between the operator and the Authority concerning the matters
stated in the definition in Schedule A, including the management and maintenance of the
streets and water and sewer services which are privately owned and operated in such
developments. Streets and services shall be constructed to the same standards as public
streets and services in the Planning Area and shall be conveyed to the Town,
notwithstanding that the development agreement may require the owner of the mobile
home park to maintain all or some of them to a specified standard.
10. Developments Featuring Heavy Vehicles on Town Streets
Any development featuring heavy motor vehicles or high street traffic volumes using
Town streets, such as large industrial or commercial uses, which may impose traffic
volumes or heavily loaded vehicles which would deteriorate the Town's streets or
represent adverse effects on vehicle and pedestrian traffic safety, is prohibited.
Council will review proposals involving such potential damaging features, including use
of professional studies and advice on traffic volumes and strength of Town streets.
Proponents will be required to submit suitable reports, prepared at the proponent's
expense, for consideration.
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11. Mineral Workings
a) Separation from Adjacent Uses
Feature
From the nearest dwelling or other sensitive receptor
Minimum Distance of
Mineral Working
300 metres*
From abutting private property, and must have written permission of
abutting property owner
15 metres*
Any other developed area or area likely to be developed during
the life of the pit or quarry working
150 metres
90 metres
Public highway or street
Waterbody, including the sea or watercourse
50 metres (30 metres if wetland or ephemeral watercourse)*
Where a minimum required distance was originally observed when choosing the location of a
mineral working, the mineral working shall not be discontinued or impeded where the buffer is
reduced to less than the required distance due to encroachment of development towards the
mineral working.
* These criteria are found in the Standard Terms and Conditions for all quarry permits, leases and
subordinate quarry permits issued pursuant to the Quany Materials Regulations
under the Quarry Materials Act (O.C. 96/248). Those not marked * are devised by Council.
b)
(i)
(ii)
The following conditions shall apply:
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 mineral 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 (see Regulation 6).
Water Ponding
No mineral working shall result in the excavation of areas below the level of the
water table nor in any way cause the accumulation of ponding of water in any part
of the site. Settling ponds may be permitted with the approval of the Department
of Municipal Affairs and Environment.
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(iii)
(iv)
(v)
(vi)
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of
adjacent land.
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and
abandoned equipment and any derelict buildings.
Access Roads
During extended periods of shutdown, access roads to a mineral working shall be
ditched or barred to the satisfaction of the Authority.
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.
(vii)
Operating Plant and Associated Processing and Manufacturing
The Authority may permit processing and manufacturing use associated with
mineral workings provided that, in the opinion of the Authority, the use does not
create a nuisance nor is liable to become a nuisance or offensive by the creation of
noise or vibration, or by reason of the emission of fumes, dust, dirt, objectionable
odour, or by reason of unsightly storage of materials.
(viii)
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.
(ix)
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.
(x)
Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried out
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(xi)
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 20° or to the
slope conforming to that existing prior to the mineral working.
(c)
(d)
Topsoil and any organic materials shall be re-spread over the entire
quarried area.
The access road to the working shall be ditched or barred to the
satisfaction of the Authority.
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.
c)
Screening for Mineral Workings or Existing Scrapyard
A mineral working, or any existing scrapyard, shall be screened in the following
manner where it is visible from a public street or highway, developed area, or area
likely to be developed during the life of the use:
(i)
Where tree screens exist between the use 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 I metre be planted to fill in the areas
affected to the satisfaction of the Authority.
(ii)
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 use from adjacent uses (excepting
forestry and agriculture), or adjacent public highways and streets. The
berms shall be landscaped to the Authority's satisfaction.
(iii)
Where natural topography creates a visual screen between a mineral
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Town of Ralei gh Development Regulations for 2019- 2029
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working or scrapyard and adjacent public highways and streets or other
land use (excepting forestry and agriculture), additional screening may not
be required.
d)
Fencing for Mineral Workings or Existing Scrapyard
The Authority may require the mineral working site or excavated areas of a pit or
quarry working, existing scrapyard, or disposal site to be enclosed by a fence
designed and constructed to its specifications and no less than 1.8 metres in
height.
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USE ZONE TABLE
ZONE TITLE
BURNT CAPE ECOLOGICAL RESERVE (BCER)
Pennitted Use Classes - (see Regulation 89)
(RALEIGH)
Uses related to the management of the lands for the purposes of the Ecological Reserve. See
Condition l.
Discretionary Use Classes - (see Regulations 32 and 90)
None
CONDITIONS
1.
Approval of Province of Newfoundland and Labrador
All development in the BCER must be approved by the Province of Newfoundland and
Labrador.
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Town of Ra leigh Devel opment Regulations for 2019- 2029
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Schedule D
OFF-STREET PARKING REQUIREMENTS
Pursuant to Section B Regulation 51, the number of off-street parking spaces shall be provided
according to the following minimum requirements:
a. Assembly uses other than educational and child care:
b. Educational and child care uses:
c. Institutional uses
d. Dwelling uses
e. General Residential uses
f. Business and personal service uses
g. Al I other uses
Schedule E: Land Use Zoning Map 1
92
l space for every five seats or if
there are no seats, one space for each
100 square metres of floor area
devoted to public occupancy
2 spaces for each classroom or 25
students or children, whichever is
less
1 space for each two beds or
clientele spaces
2 spaces for each dwelling unit plus
2 spaces for a subsidiary apartment
1 space for each rental suite or unit,
plus I space for each IO square
metres of common spaces such as
common rooms, kitchens, and
recreation areas.
1 space for each 20 square metres of
floor area
I space for each 30 square metres of
floor area
in map pocket
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MUNICIPAL & PLANNING AREA
BOUNDARY
WELL.liEAD PROTECTED WATER
SUPPLY AREA
(SEE NOTES 1 II 2)
LAND USE DESIGNATIONS:
MD
MIXED DEVELOPMENT
BCER
BURNT CAPE ECOLOGICAL RESERVE
NOTES.
1
THIS 15 AN "OVERLAY" DESIGNATION WlilCH
OPE RA TES IN ADDITION TO THE EFFECT OF THE
UNDERLYING ZONE.
2.
THE "WEU.HEAD PROTECTED WATER SUPPLY
AREA" IN EACH CASE IS THE AREA DESIGNATED
PER S.61 OF THE WATER RESOURCES ACT. EACH
IS DESCRIBED AS A CIRCLE WITH A RADIUS OF 200
METRES CENTRED ON THE WELL
3.
THE BOUNDARY OF THE BCER ZONE IS TO BE
INTERPRETED TO BE THE OFFICIAL BOUNDARY OF
THAT RESERVE.
3
AS APPROVED aYCOUNCIL
2
AS RELEASED
FOR OMAE REVIEW AND RELEASE
TOWN OF
Raleigh
DEVELOP.MENT REGULATIONS
LAND USE ZONING
2019 - 2029
MAP1
HMJ Consulting limited
PROJECT NO.
16-024
23 JUL2019
18JUN 2019
29JAN 2019