Town of Red Bay Development Regulations 2010-2020
Red Bay, Newfoundland and Labrador
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Land Use Zoning, Subdivision
& Advertisement Regulations
(Development Regulations)
prepared for:
Town Council of Red Bay
prepared by:
and
Nova Consultants Inc.
June, 2010
Town of Red Bay Development Regulations 2010 - 2020
TABLE OF CONTENTS
NEWFOUNDLAND & LABRADOR (MINISTERIAL) REGULATION 3/01
5
TOWN OF RED BAY DEVELOPMENT REGULATIONS
10
INTRODUCTORY STATEMENTS .
10
PART 1- GENERAL REGULATIONS
IO
PART II - GENERAL DEVELOPMENT STANDARDS
17
PART III - ADVERTISEMENTS
22
PART IV - SUBDIVISION OF LAND
23
PART V- USE ZONES
27
SCHEDULE A: Definitions
28
SCHEDULE B: Classification of Uses of Land and Buildings
35
SCHEDULE C: Use Zone Tables, Red Bay
41
SCHEDULE D: Guide to Off-Street Parking
54
SCHEDULE E: Land Use Zoning Maps, Red Bay
56
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Town of Red Bay Development Regulations 2010 - 2020
COUNCIL RESOLUTION TO ADOPT
TOWN OF RED BAY DEVELOPMENT REGULATIONS
Under the authority of Section 35 of the Urban and Rural Planning Act 2000, the Town Council
of Red Bay adopts Part I to V and Schedule A (Definitions) of the Development Regulations in
order to bring the Red Bay Development Regulations into confonnity with the Urban and Rural
Planning Act 2000.
Adopted by the Town Council of Red Bay on the_!___!_ day of Jam-Lea·y, 20 //
Signed and sealed this 1 /-/1 day of /Yla.1-c.l,
,20 II
Mayor:_~-~-~-~-.,,-~' ~~~-~-
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Clerk:
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
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Town of Red Bay Development Regulations 2010 - 2020
COUNCIL RESOLUTION TO APPROVE
TOWN OF RED BAY DEVELOPMENT REGULATIONS
Under the authority of Section 35 of the Urban and Rural Planning Act 2000, the Town Council
of Red Bay:
a) adopted Part I to V and Schedule A (Definitions) of the Development Regulations on the J!..._
day of .::ran.
, 201t.
11.J.lt
b)
gave notice of said adoption by advertisement inserted on the ~
day and the l,iJ-lh day of
Qt4fj
, 201fJ in the ~
ft!./1
newspaper.
c)
set the o?l-'ll day of Ma'(
at 7.~ p.m. at the lo11J11 4-af,c-for the holding of a
public hearing to consider objections and submissions.
Now under Section 35 of the Urban and Rural Planning Act 2000. the Town Council of Red Bay
approves the Red Bay Development Regulations as adopted.
Signed and sealed this L/-,'i, day of ;r"-tU.
, 20lf.
(Council Seal)
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Town of Red Bay Development Regulations 2010 - 2020
NEWFOUNDLAND AND LABRADOR REGULATION 3/01
Approved under the authority of Section 36, Urban and Rural Planning Act, 2000, January 2, 200 l
by the Honourable Joan Marie Aylward, Minister of Municipal and Provincial Affairs
Short title
1. These regulations may be cited as the 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
(d) "development regulations" means these regulations and regulations and by-laws respecting
development that have been enacted by the relevant authority.
Application
3. ( l) 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 ofan authority, these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board, these regulations
shall apply to that appeal.
Interpretation
4. (1) In development regulations and other regulations made with respect to a planning area the
following terms shall have the meanings indicated in this section
(a) "access" means a way used or intended to be used by vehicles, pedestrians or animals in order
to go from a street to adjacent or nearby land or to go from that land to the street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling, located on the ~e lot as the main
building to which it is an accessory and which has a use that is customarily incidental or
complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools, greenhouses,
cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or radio and
television antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
(c) "accessory use" means a use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use;
(d) "building height" means the vertical distance, measured in metres from the established grade to
the
(i) highest point of the roof surface of a flat roof,
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Town of Red Bay Development Regulations 2010 - 2020
(ii) deck line of a mansard roof, and
(iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in any
case, a building height shall not include mechanical structure, smokestacks, steeples and purely
ornamental structures above a roof;
(e) "building line" means a line established by an authority that runs parallel to a street line and is
set at the closest point to a street that a building may be placed;
(f) "discretionary use" means a use that is listed within the discretionary use classes established in
the use zone tables ofan 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;
G) "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;
(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 ofan 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 of local government, utilities and boarding or similar structures used for the
display of advertisements;
(r) "rear yard depth" means the distance between the rear lot line and the rear wall of the main
building on a lot;
(s) "side yard depth" means the distance between the side lot line and the nearest side wall of a
building on the lot;
(t) "street" means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles;
(u) "street line" means the edge of a street reservation as defined by the authority having
jurisdiction;
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Town of Red Bay Development Regulations 2010 - 2020
(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 ofland including buildings and water designated on the
zoning map to which the uses, standards and conditions of a particular use zone table apply;
(x) "variance" means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, siz.e, 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. (I) 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., AIB 4J6 is the
secretary to all boards in the province and an appeal filed with that secretary within the time
period referred to in subsection 42(4) of the Act shall be considered to have been filed with the
appropriate board.
(2) Notwithstanding subsection (1), where the City of Comer Brook, City of Mount Pearl or City
of St. John's appoints an appeal board under subsection 40(2) of the Act, an appeal shall be filed
with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the board that hears the decision
being appealed by filing it with the secretary referred to in subsection (I) or (2) within the 14 days
referred to in subsection 42(4) of the Act.
(4) The board that hears the decision being appealed shall, subject to subsection 44(3) of the Act,
retain the fee paid to the board.
(5) Where an appeal of a decision and the required fee is not received by a board in accordance
with this section and Part VI of the Act, the right to appeal that decision shall be considered to
have been forfeited.
Appeal registration
7. ( l) Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 6(1) and (2), shall immediately register the
appeal.
(2) Where an appeal has been registered the secretary of the board shall notify the appropriate
authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
(3) Where an authority has been notified ofan appeal that authority shall forward to the
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Town of Red Bay Development Regulations 2010- 2020
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. (1) Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3) Upon receipt ofa notification of the registration ofan appeal with respect to an order under
section 102 of the Act, an authority shall not carry out work related to the matter being appealed.
Hearing notice and meetings
9. ( l) 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. ( 1) A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9( l) 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. ( l) Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development regulations, an
authority may, in its discretion, vary the applicable development standards to a maximum of 10%
if, in the authority's opinion, compliance with the development standards would prejudice the
proper development of the land, building or structure in question or would be contrary to public
interest.
(2) An authority shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be made
with respect to the same land, building or structure, would have a cumulative effect that is greater
than a l 0% variance even though the individual variances are separately no more than l 0%.
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Town of Red Bay Development Regulations 2010- 2020
(3) An authority shall not pennit a variance from development standards where the proposed
development would increase the non confonnity 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 I08(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 hearings on change of use
15. Where considering a non confonning building, structure or development under paragraph
l08(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-confonnity 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 108(2) of the Act with respect to the time by which a discontinued non-
confonning use may resume operation.
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 Red Bay Development Regulations 2010 - 2020
TOWN OF RED BAY
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT
REGULATIONS
(DEVELOPMENT REGULATIONS)
INTRODUCTORY STATEMENTS
Short Title
These Regulations may be cited as the Town of Red Bay Development Regulations.
Interpretation
Words and phrases used in these Regulations shall have the meanings ascribed to them in
Schedule A.
Words and phrases not defined in Schedule A shall have the meanings which are commonly
assigned to them in the context in which they are used in the Regulations.
Commencement
These Regulations come into effect throughout the Red Bay Municipal Planning Area, hereinafter
referred to as the Planning Area, on the date of publication of a notice to that effect in the
Newfoundland Gazette.
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and any
other ancillary code and any Building Regulations, Waste Disposal Regulation and/or any other
municipal regulations regulating or controlling the development, conservation and use of land in
force in the Town of Red Bay, shall, under these Regulations apply to the entire Planning Area.
Authority
In these Regulations, "Authority" means the Council of the Town of Red Bay.
PART I - GENERAL REGULATIONS
I. Compliance with Regulations
No development shall be carried out within the Planning Area except in accordance with these
Regulations.
2. 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.
3. Permit to be Issued
Subject to 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 II of these Regulations, the requirements of
Part V of these Regulations, and the use classes, standards, requirements, and conditions
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Town of Red Bay Development Regulations 2010 - 2020
prescribed in Schedule C of these Regulations for the use zone in which the proposed development
is located;
(b) the standards set out in the Building Code and/or other ancillary codes, and any Building
Regulations, Waste Disposal Regulations, and/or any other municipal regulation in force in the
Planning Area regulating or controlling development, conservation and use of land and buildings;
(c) the standards set out in Part Ill 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.
4. Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the Planning
Area when, in the opinion of the Authority, it is premature by reason of the site lacking adequate
road access, power, drainage, sanitary facilities, or domestic water supply, or being beyond the
natural development of the area at the time of application unless the applicant contracts to pay the
full cost of construction of the services deemed necessary by the Authority and such cost shall
attach to and upon the property in respect of which it is imposed.
5. 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 Munici-
pal Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the
general appearance of the development of the area, the amenity of the surroundings,
availability of utilities, public safety and convenience, and any other considerations which
are, in its opinion, material, and notwithstanding the conformity of the application with the
requirements of these Regulations, the Authority may, in its discretion, and as a result of
its consideration of the matters set out in this Regulation, conditionally approve or refuse
the application.
(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
6. Variances (Refer to Minister's Development Regulations, Section 12, January 2, 2001)
(I) 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 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) 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.
7. Notice of Variance (Refer to Minister's Development Regulations, Section 13., January 2,
2001)
Where the Authority i to consider a proposed variance the Authority shall gi e 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.
8. Service Levy
(I) The Authority may require a developer to pay a service levy where development is made
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Town of Red Bay Development Regulations 2010 - 2020
possible or where the density of potential development is increased, or where the value of
property is enhanced by the carrying out of public works either on or off the site of the
development.
(2) A service levy shall not exceed the cost, or estimated cost, including finance charges to the
Authority of constructing or improving the public works referred to in Regulation 13( I) that
are necessary for the real property to be developed in accordance with the standards required
by the Authority and for uses that are permitted on that real property.
(3) A service levy shall be assessed on the real property based on:
a)
the amount of real property benefited by the public works related to all the real
property so benefited; and,
b)
the density of development made capable or increased by the public work.
4) The Authority may require a service levy to be paid by the owner of the real property;
a)
at the time the levy is imposed;
b)
at the time development of the real property commences;
c)
at the time development of the real property is completed; or
d) at such other time as the Authority may decide.
9. 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 required to
guarantee the payment of service levies, ensure site reinstatement, and to enforce the
carrying out of any other condition attached to a permit or licence.
2) The financial provisions pursuant to Regulation 14( 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 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;
e) another form of financial guarantee that the Authority may approve.
10. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, the Authority may
require the dedication of a percentage of the land area of any subdivision or other development for
public use, and such land shall be conveyed to the Authority in accordance with the provisions of
the Act.
11. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the Authority may
order the developer, the occupier of the site, or the owner or all of them to reinstate the site, to
remove all or any buildings or erections, to cover or fill all wells or excavations, and to close all or
any accesses, or to do any of these things or all of them, as the case may be, and the developer,
occupier or owner shall carry out the order of the Authority and shall put the site in a clean and
sanitary condition to the satisfaction of the Authority.
12. Form of Application
I)
n application for a development permit or approval in principle shall be made onl
by the owner or by a person authorized by the owner to the Authority on such form as
may be prescribed by the Authority, and every application shall include such plans,
specifications and drawings as the Authority may require, and be accompanied by the
permit fee required by the Authority.
2) The Authority shall supply to every applicant a copy of the application forms referred
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to in Regulation 17( I) and a description of the plans, specifications and drawings
required to be provided with the application and any information or requirements
applicable to the application.
13. 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 decis-
ion.
14. Deferment of Application
I) The Authority may, with the written agreement of the applicant, defer consideration of an appli-
cation.
2) Applications properly submitted in accordance with these Regulations which have not been
determined by the Authority and on which a decision has not been communicated to the applicant
within eight weeks of the receipt thereof by the Authority, and on which consideration has not
been deferred in accordance with Regulation 18( I), shall be deemed to be refused.
15. Approval in Principle
I) 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 development 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 subse-
quent 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.
16. Development Permit
I)
A plan or drawing which has been approved by the Authority and which bears a mark and/or
signature indicating such approval together with a permit shall be deemed to be permission to
develop land in accordance with these Regulations but such permission shall not relieve the
applicant from full responsibility for obtaining permits or approvals under any other
regulation or statute prior to commencing the development; from having the work carried out
in accordance with these Regulations or any other regulations or statutes; and from compli-
ance 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
Regulations.
5)
The appro al of an application and plans or dra\ ings or the is ue 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
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Town of Red Bay Development Regulations 2010 - 2020
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.
17. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit, state the
reasons for so doing.
18. 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 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.
19. Appeal Requirements (Refer to Minister 's Development Regulations, Section 6, January 2,
2001)
I) The secretary of the Appeal Board at the Department of Municipal and Provincial Affairs,
Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Ntld., A I B 4J6
is the secretary to all Appeal Boards in the province and an appeal filed with that secretary
within the time period referred to in subsection 42(4) of the Act shall be considered to have
been filed with the appropriate Appeal Board.
2) The fee required under section 44 of the Act shall be paid to the Appeal Board that hears the
decision being appealed by filing it with the secretary referred to in subsection (I) or (2)
within the 14 days referred to in subsection 42(4) of the Act.
3) The Appeal Board that hears the decision being appealed shall, subject to subsection 44(3) of
the Act, retain the fee paid to the Appeal Board.
4)
Where an appeal of a decision and the required fee is not received by an Appeal Board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
20. Appeal Registration (Refer to Minister 's Development Regulations, Section 7, January 2,
2001)
I)
Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the Appeal Board as referred to in subsections 24( I) and (2), shall immediately
register the appeal.
2)
Where an appeal has been registered the secretary of the Appeal Board shall notify the
Authority of the appeal and shall provide to the Authority a copy of the appeal and the
documentation related to the appeal.
3)
Where the Authority has been notified of an appeal that Authority shall within one week of
notification forward to the appropriate board a copy of the application being appealed, all
correspondence, council minutes, plans and other relevant information relating to the appeal
including the names and addresses of the applicant and other interested persons of whom the
Authority has knowledge.
4)
Upon receipt of the information under subsection (3), the secretary of the board shall publish
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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.
21. Development Prohibited (Refer to Minister 's Development Regulations, Section 8, January
2, 2001)
I)
Immediately upon notice of the registration ofan 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 with respect to an order under
section I 02 of the Act, the Authority shall not carry out work related to the matter being
appealed.
22. 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.
23. 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;
(b) a revocation of an approval or a pem1it to undertake a development;
( c) the issuance of a stop work order; and
(d) a decision permitted under the Act or another Act to be appealed to the board.
2)
A decision of the Authority to adopt, approve or proceed with a municipal plan, a scheme,
development regulations and amendments and revisions of them is final and not subject to an
appeal.
3) An Appeal Board shall not make a decision that does not comply with the municipal plan, a
scheme and development regulations that apply to the matter being appealed.
4) An appeal shall be filed with the Appeal Board not more than 14 days after the person who
made the original application appealed from has received the decision being appealed.
(5) An appeal shall be made in writing and shall include
(a) a summary of the decision appealed from;
(b) the grounds for the appeal; and
(c) the required fee.
(6) A person or group of persons affected by the subject of an appeal or their representatives may
appear before an Appeal Board and make representations concerning the matter under appeal.
(7) An Appeal Board may inform itself of the subject matter of the appeal in the manner it
considers necessary to reach a decision.
(8) An Appeal Board shall consider and determine appeals in accordance with the Act and the
municipal plan, scheme and regulations that have been registered under section 24, of the Act,
and ha ing regard to the circumstances and merits of the case.
(9) A decision of the Appeal Board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
( 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
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order to have its decision implemented.
( 11) Notwithstanding subsection ( I 0), 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.
24. Hearing Notice and Meetings (Refer to Minister 's Development Regulations, Section 9,
January 2, 200 I)
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.
25. Hearing of Evidence
(Refer to Minister's Development Regulations, Section I 0, January 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 regulation 29( I) 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.
26. Return of Appeal Fee
Where an appeal made by an appellant under section 42 of the Act, is successful, an amount of
money equal to the fee paid by that appellant under regulation 24(2) shall be paid to him or her by
the Authority.
27. Notice of Application
I) When a change in non conforming use is to be considered under Regulation 49, or when the
development proposed is listed as a discretionary use in Schedule C of the Regulations, the
Authority shall, at the expense of the applicant, give notice of an application for a permit or
for approval in principle, by public advertisement in a newspaper circulating in the area.
2)
When a variance is necessary under Regulation I I, and the Authority wishes to consider
whether to authorize such a variance from development standards, the Authority shall give
written notice of the proposed variance to all persons whose land is in the immediate vicinity
of the land that is the subject of the variance.
28. 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.
29. 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.
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30. Stop Work Order and Prosecution
I)
Where a person begins a development contrary or apparently contrary to these Regulations,
the Authority may order that person to stop the development or work connected therewith
pending final adjudication in any prosecution arising out of the development.
2) A person who does not comply with an order made under Regulation 35( I) is guilty of an
offence under the provisions of the Act.
31 Delegation of Powers (Refer to Minister 's Development Regulations, Section 18, January 2,
2001)
An Authority shall, where designating employees to whom a power is to be delegated under
subsection 109(2) of the Act, make that designation in writing.
PART II - GENERAL DEVELOPMENT STANDARDS
32. Accesses and Service Streets
I)
Access shall be located to the specification of the Authority so as to ensure the greatest
possible convenience and safety of the street system and the Authority may prescribe the
construction of service streets to reduce the number of accesses to collector and arterial
streets.
2) No vehicular access shall be closer than IO metres to the street line of any street intersection.
33. Accessory Buildings
I) Accessory buildings shall be clearly incidental and complementary to the use of the main
buildings in character, use and size, and shall be contained on the same lot.
2) No accessory building or part thereof shall project in front of any building line.
3) The sideyard requirements set out in the use zone tables in these Regulations shall apply to
accessory buildings wherever they are located on the lot but accessory buildings on two (2)
adjoining properties may be built to property boundaries provided they shall be of fire
resistant construction and have a common firewall.
34. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part 111 of these
Regulations.
35. Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or proposed
residential area, or is separated from it by a road only, the owner of the site of the industrial
development shall provide a buffer strip not less than ten ( I 0) metres wide between 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.
36. Building Height
The Authority may permit the erection of buildings of a height greater than that specified in
cbeduJe C, but in uch cases the building line setback and rearyard requirements shall be varied
as follows:
I)
The building line setback shall be increased by 2 metres for every I metre increase in height.
2) The rearyard shall not be less than the minimum building line setback calculated as described
in (I) above plus 6 metres.
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37. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed street or
service street and may require any new buildings to be located on those building lines, whether or
not such building lines conform to the standards set out in the tables in Schedule C of these
Regulations.
38. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff, provided that in the
opinion of the Authority, the use of the dwelling does not materially differ from, nor adversely
affect, the amenities of the adjacent residences, or the neighbourhood in which it is located. The
Authority may require special access and safety features to be provided for the occupants before
occupancy is permitted.
39. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be waived in the case
of communication masts and antennae, flagpoles, water towers, spires, belfries, or chimneys, but
any such waiver which results in an increase of more than I 0% of the permitted height of the
structure shall only be authorized under the provisions of Regulation 11 and with notice given
under the provisions of Regulation 12 and 32.
40. Livestock Structures and Uses
I) No structure designed to contain more than five animal units shall be erected or used unless it
complies with the following requirements:
a)
The structure shall be at least 600 m from a residence, (except a farm residence or a
residence which is a non-conforming use in any zone in which agriculture is a
permitted use class in the Use Zone Tables in Schedule C of these Regulations), and,
from an area designated for residential use in an approved Plan, and, from a
Provincial or Federal Park.
b)
The structure shall be at least 60 m from the boundary of the property on which it is
to be erected.
c)
The structure shall be at least 90 m from the centre line ofa street.
d) The erection of the structure shall be approved by the Department of Forestry &
Agriculture and the Department of Environment & Lands.
2) No development for residential use shall be permitted within 600 m of an existing structure de-
signed to contain more than five animal units unless the development is first approved by the
Department of Forest, Resources and Agrifoods.
41. Lot Area
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 Regulations for the zone in which such lot is located.
2)
Where any part of a lot is required by these Regulations to be reserved as a yard, it shall
continue to be so used regardless of any change in the ownership of the lot or any part thereof,
and hall not be deemed to form part of an adjacent lot for the purpose of computing the area
thereof available for building purposes.
42. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist in any
residential zone, with insufficient frontage or area to permit the owner or purchaser of such a lot or
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lots to comply with the provisions of these Regulations, then these Regulations shall not prevent
the issuing of a permit by the Authority for the erection of a dwelling thereon, provided that the lot
coverage and height are not greater than, and the yards and floor area are not less than the
standards set out in these Regulations.
43. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these Regulations,
no residential or commercial building shall be erected unless the lot on which it is situated fronts
directly onto a street or forms part of a Comprehensive Development Scheme.
44. Non-Conforming Use (Refer to Minister 's Development Regulations, Section 14, 15, 16, 17,
January 2, 2001)
I) Notwithstanding the Municipal Plan, scheme or regulations made under this Urban and Rural
Planning Act, 200 I, 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 (I), 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) shall not be internally or
externally varied, extended or expanded unless otherwise approved by the Authority;
a)
shall not be structurally modified except as required for the safety of the building,
structure or development;
b)
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;
c)
have the existing use for that building, structure or development varied by the
Authority to a use that is, in the Authority's opinion, more compatible with the plan
and regulations applicable to it;
d)
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;
e)
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;
t)
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.
4) when making a decision to vary an existing use of a non-conforming building, structure or
development, the Authority, at the applicant's expense, shall publish a notice in a newspaper
circulating in the area or by other means give public notice ofan application to vary the
existing use of a non-conforming building, structure or development and shall consider any
repre entations or submissions received in response to that advertisement.
45. 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
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nuisance that has an unpleasant effect on the senses unless its use is authorized by the Authority
and any other Authority having jurisdiction.
46. Off-street Parking 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 of occupancy
shall conform to the standards set out in Schedule D of these Regulations.
3) Each parking space, except in the case of one or two-family dwellings, shall be made
accessible by means of a hard surfaced right-of-way at least 3 m in width. Parking required in
a Residential Zone shall be provided on the same lot as the dwelling or dwellings. Parking
space for apartments shall be provided in the rear yard where possible. In a Non-Residential
Zone, parking spaces shall be provided within the limits of the zone in which the use is
situated and not more than 200 m distant from the use concerned.
4)
The parking facilities required by this Regulation shall, except in the case of single or
attached dwellings, be arranged so that it is not necessary for any vehicle to reverse onto or
from a street.
5)
Where, in these Regulations, parking facilities for more than four vehicles are required or
permitted:
a)
parking space shall mean an area of land, not less than I 5m2 in size, capable of being
used for the parking ofa vehicle without the need to move other vehicles on adjacent
areas.
b)
the parking area shall be constructed and maintained to the specifications of the
Authority;
c)
the lights used for illumination of the parking area shall be so arranged as to divert
the light away from adjacent development;
d)
a structure, not more than 3 m in height and more than 5 m2 in area may be erected in
the parking area for the use of attendants in the area;
e)
except in zones in which a service station is a permitted use, no gasoline pump or
other service station equipment shall be located or maintained on a parking area;
f)
no part of any off-street parking area shall be closer than 1.5 m to the front lot line in
any zone;
g)
access to parking areas in non-residential zones shall not be by way of residential
zones;
h)
where a parking area is in or abuts a residential zone, a natural or structural barrier at
least I m in height shall be erected and maintained along all lot lines;
i)
where, in the opinion of the Authority, strict application of the above parking
requirements is impractical or undesirable, the Authority may as a condition of a
permit require the developer to pay a service levy in accordance with these
Regulations in lieu of the provision of a parking area, and the full amount of the levy
charged shall be used by the Authority for the provision and upkeep of alternative
parking facilities within the general vicinity of the development.
47. Off-Street Loading Requirements
I)
For every building, structure or use to be erected, enlarged or established requiring the
shi ping, 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 of6 m to a street.
2) The number of loading spaces to be provided shall be determined by the Authority.
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3) The loading facilities required by this Regulation shall be so arranged that vehicles can
manoeuvre clear of any street and so that it is not necessary for any vehicle to reverse onto or from
a street.
48. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and playgrounds are
not located in areas which may be hazardous to their use and are not operated for commercial
purposes.
49. 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 ofan application giving details of the landscaping or screening, and these Regulations
shall then apply to that application. The provision of adequate and suitable landscaping or
screening may be made a condition of any development permit where, in the opinion of the
Authority, the landscaping or screening is desirable to preserve amenity, or protect the
environment.
50. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the provision of
public services and public utilities if the use of that land is necessary to the proper operation of the
public service or public utility concerned provided that the design and landscaping of any develop-
ment of any land so used is, in the opinion of the Authority, adequate to protect the character and
appearance of the area.
51. Service Stations
The following requirements shall apply to all proposed service stations:
a)
All gasoline pumps shall be located on pump islands designed for such purpose, and
to which automobiles may gain access from either side.
b)
Pump islands shall be set back at least 4 metres from the front lot line.
c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and where
a service station is located on a comer 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.
52. Side Yards
A sideyard shall be kept clear of obstruction and shall be provided on the exposed sides of every
building in order to provide access for the maintenance of that building.
53. Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Authority.
54. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of
calculating lot area and ard requirements shall be considered part of the self-contained dwelling.
55. 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.
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56. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which are designed to form
part of a zero lot line development or other comprehensive layout which does not, with the
exception of dwelling unit floor area, meet the requirements of the Use Zone Table in Schedule C,
provided that the dwellings are designed to provide both privacy and reasonable access to natural
daylight and the overall density within the layout conforms to the regulations and standards set out
in the Use Zone Table apply where the layout adjoins other development.
PART III - ADVERTISEMENTS
57. Permit Required
Subject to the provisions of Regulation 67, no advertisement shall be erected or displayed in the
Planning Area unless a permit for the advertisement is first obtained from the Authority. Permit
for erection or display of advertisement on Provincial Highways shall be obtain from the
Government Service Centre.
58. Form of Application
Application for a permit to erect or display an advertisement shall be made to the Authority in
accordance with Regulation 17.
59. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any highway or
street reservation.
60. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement shall be
for a limited period, not exceeding two years, but may be renewed at the discretion of the
Authority for similar periods.
61. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the removal of
any advertisement which, in its opinion, is:
a)
hazardous to road traffic by reason of its siting, colour, illumination, or structural
condition, or;
b)
detrimental to the amenities of the surrounding area.
62. 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 m2 in area and
relating to the operations being conducted on the land;
c)
on land used for forestry purposes, signs or notices not exceeding I 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 I m2
in area relating to the operation conducted on the land;
e)
on a dwelling or the grounds of a dwelling, one nameplate not exceeding 0.2 m2 in
area in connection with the practice of a professional person carried on in the
premises;
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t)
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)
on the principal facade of any commercial, industrial or public building, the name of
the building or the name of the occupants of the building, in letters not exceeding
one-tenth of the height of that facade or 3 m, whichever is the lesser;
h)
on any parking lot directional signs and one sign not exceeding I m2 in size,
identifying the parking lot.
63. Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply with the
appropriate conditions and specifications set out in the Use Zone Tables in Schedule C of these
Regulations.
64. Non-Conforming Uses
Notwithstanding the provisions of Regulation 62, a permit may be used 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.
PART IV - SUBDIVISION OF LAND
65. 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.
66. 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.
67. 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 al I fees levied by the Authority for connection to services, uti I ities and streets
deemed necessary for the proper development of the subdivision, and all service levies and other
charges imposed under Regulations 13 and 14.
68. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not demonstrate
sound design principles. In considering an application, the Authority shall, without limiting the
generality of the foregoing, consider:
a)the location of the land;
b)the availability of and the demand created for schools services, and utilities;
c) the provisions of the Plan and Regulations affecting the site;
d)the land use, physical form and character of adjacent developments;
e)the transportation network and traffic densities affecting the site;
t) the relationship of the project to existing or potential sources of nuisance;
g)soil and subsoil characteristics;
h)the topography of the site and its drainage;
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i) natural features such as lakes, streams, topsoil, trees and shrubs;
j) prevailing winds;
k)visual quality;
I) community facilities;
m) energy conservation;
n)such other matters as may affect the proposed development.
69. Building Permits Required
Notwithstanding the approval ofa subdivision by the Authority, a separate building permit shall
be obtained for each building proposed to be erected in the area of the subdivision, and no
building permit for any building in the area shall be issued until the developer has complied with
all the provisions of these Regulations with respect to the development of the subdivision.
70. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in accordance
with Regulation 17.
71. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on
the Zoning Maps.
72. Building Lines
The Authority may establish building lines for any subdivision street and require any new building
to be located on such building lines.
73. 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:
a) where land is subdivided for any purpose other than residential use, the Authority shall
determine the percentage of land to be dedicated;
b)if, in the opinion of the Authority, no public open space is required, the land may be
used for such other public use as the Authority may determine;
c)the location and suitability of any land dedicated under the provisions of this Regulation
shall be subject to the approval of the Authority but in any case, the Authority shall not
accept land which, in its opinion is incapable of development for any purpose;
d)the Authority may accept from the developer in lieu of such area or areas of land the
payment of a sum of money equal to the value of the land which would otherwise be
required to be dedicated;
e) money received by the Authority in accordance with Regulation 78( I)( d) above, shall be
reserved by the Authority for the purpose of the acquisition or development of land for
public open space or other public purpose.
(2) Land dedicated for public use in accordance with this Regulation shall be conveyed to the
Authority and may be sold or leased by the Authority for the purposes of any development that
conforms with the requirements of these Regulations and the proceeds of any sale or other
disposition of land shall be applied against the cost of acquisition or development of any other
land for the purposes of public open space or other public purposes.
(3) The Authority may require a strip of land to be reserved and remain undeveloped along the
banks of any river, brook or pond, and this land may, at the discretion of the Authority, constitute
the requirement of land for public use under Regulation 78(1).
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74. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole, telegraph or
telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the prior approval of the
Authority which shall be satisfied on the question of safe construction and relationship to the
adjoining buildings and other structures within the street reservation.
75. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the following standards:
a) The finished grade of streets shall not exceed IO percent.
b)Every cul de sac shall be provided with a turning circle ofa diameter of not less than 30
m.
c)The maximum length of any cul de sac shall be:
200m in areas served by or planned to be served by municipal piped water and sewer
services, as shown in the map and letter of agreement signed by the Municipality and
the Minister of Municipal and Provincial Affairs in connection with municipal five-
year capital works program eligibility.
300m in areas not served by or planned to be served by municipal piped water and
sewer services.
d)Emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall
connect the head of the cul de sac with an adjacent street.
e)No cul de sac shall be located so as to appear to terminate a collector street.
t) New subdivisions shall have street connections with an existing street or streets.
g)AII street intersections shall be constructed within 5E of a right angle and this alignment
shall be maintained for 30 m from the intersection.
h)No street intersection shall be closer than 60 m to any other street intersection.
i) No more than four streets shall join at any street intersection.
j) No residential street block shall be longer than 490 m between street intersections.
k)Streets in residential subdivisions shall be designed in accordance with the approved
standards of the Authority, but in the absence of such standards, shall conform to the
following minimum standards:
No lot intended for residential purposes shall have a depth exceeding four times the
frontage.
Residential lots shall not be permitted which abut a local street at both front and rear
lot lines.
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.
76. Engineer to Design Works and Certify Construction Layout
I) Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers and
all appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all
other utilities deemed necessary by the Authority to service the area proposed to be devel-
oped 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 subdivi ion.
2) Upon approval by the Authority of the proposed subdivision, the Engineer shall certify all
work of construction layout preliminary to the construction of the works and thereupon the
developer shall proceed to the construction and installation, at his own cost and in
accordance with the approved designs and specifications and the construction layout
certified by the Engineer, of all such water mains, hydrants, sanitary sewers and all appur-
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Town of Red Bay Development Regulations 2010 - 2020
tenances and of all such streets and other works deemed necessary by the Authority to
service the said area.
77. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the preparation of
designs and specifications and for the layout and supervision of construction; such fees and
charges being percentages of the total cost of materials and labour for the construction and
installation of all works calculated in accordance with the Schedule of Fees recommended by the
Association of Professional Engineers of Newfoundland and in effect at the time the work is
carried out.
78. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and paving
specified by the Authority as being necessary, may, at the Authority's discretion, be deferred until
a later stage of the work on the development of the subdivision but the developer shall deposit
with the Authority before approval of his application, an amount estimated by the Engineer as
reasonably sufficient to cover the cost of construction and installation of the works. In the later
stage of the work of development, the Authority shall call for tenders for the work of construction
and installation of the works, and the amount so deposited by the developer shall be applied
towards payment of the contract cost. If the contract cost exceeds the deposit, the developer shall
pay to the Authority the amount of the excess. If the contract price is less than the deposit, the
Authority shall refund the amount by which the deposit exceeds the contract price. Any amount
so deposited with the Authority by the developer shall be placed in a separate savings account in a
bank and all interest earned thereon shall be credited to the developer.
79. Transfer of Streets and Utilities to Authority
I) The developer shall, following the approval of the subdivision of land and upon request of the
Authority, transfer to the Authority, at no cost to the Authority, and clear of all liens and
encumbrances:
a)all lands in the area proposed to be developed or subdivided which are approved and
designated by the Authority for public uses as streets, or other rights-of-way, or for other
public use;
b)all services or public works including streets, water supply and distribution and sanitary an
storm drainage systems installed in the subdivision that are normally owned and operated
by the Authority.
2) Before the Authority shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets, services and public
works installed in the subdivision and certify his satisfaction with their installation.
3) The Authority shall not provide maintenance for any street, service or public work in any
subdivision until such time as such street, service or public work has been transferred to and
accepted by the Authority.
80. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until the Authority is satisfied that:
a)the lot can be served with satisfactory water supply and sewage disposal systems, and
satisfactory access to a street is provided for the lots.
81. Grouping of Buildings and Landscaping
a)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.
b)Building groupings, once approved by the Authority, shall not be changed without written
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application to and subsequent approval of the Authority.
PART V - USE ZONES
82. Use Zones
a) For the purpose of these Regulations the Planning Area is divided into Use Zones which
are shown on the Zoning Maps attached to and forming part of these Regulations.
b)Subject to Regulation 87(3), the permitted use classes, discretionary use classes, standards,
requirements and conditions applicable to each Use Zone are set out in the Use Zone
Tables in Schedule C of these Regulations.
c) Where standards, requirements and conditions applicable in a Use Zone are not set out in
the Use Zone Tables in Schedule C, the Authority may in its discretion, determine the
standards, requirements and conditions which shall apply.
83. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in Schedule C
shall be determined by the Authority in accordance with the classification and examples set out in
Schedule B.
84. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in the
appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that Use Zone.
85. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in the
appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if the Authority is
satisfied that the development would not be contrary to the general intent and purpose of these
Regulations, the Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and
to the public interest, and if the Authority has given notice of the application in accordance with
Regulation 32 and has considered any objections or representations which may have been received
on the matter.
86. 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, 2001)
ACCESSORY BUILDING:
a)
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,
b)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for
domestic pets or radio and television antennae,
c)
for commercial uses, workshops or garages, and
d)
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 to 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 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 livestock, including any creature kept for the production of food, wool,
skins, or fur, or for the purpose of its use in the farming of land, the use of land as grazing land,
meadow land, osier land, market gardens and nursery grounds and the use of land for 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 000 broiler chickens or roosters ( 1.8 - 2.3 kg each);
I cow (including calf);
I 00 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = I unit);
I horse (including foal);
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125 laying hens;
4 sheep (including lambs);
I sow or breed sow (including weaners and growers based on 453.6 kg = I unit);
X turkeys, ducks geese (based on 2,268 kg = I unit).
APARTMENT BUILDING: 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 pem1it 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 ofMakkovik.
BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons other
than the immediate family of the owner or tenant.
BUILDING: Every structure, erection, excavation, alteration or improvement whatsoever placed
on, over or under land, or attached, anchored or moored to land, and includes mobile structures,
vehicles and marine vessels adapted or constructed for residential, commercial, industrial and
other like uses, and any part of a building as so defined and any fixtures that form part of a
building.
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 ofa 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. (Refer to 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)
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.
DAYCARE CENTRE or DAY NURSERY: A building or part ofa 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
an land. buildings, or premi e and without limiting the generali
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;
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c)
the parking of a trailer, or vehicle of any description used for the sale ofrefreshments or
merchandise, or as an office, or for living accommodation, for any period of time; and shall
exclude:
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;
the carrying out by a highway Authority of any works required for the maintenance
or improvement of a road, being works carried out on land within the boundaries of
the road reservation;
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;
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. (Ref er to Minister 's Development
Regulations, January 2, 2001)
DIRECTOR: The Director of Urban and Rural Planning.
DOUBLE DWELLING: A building containing two dwelling units, placed one above the other,
or side by side, but does not include a self-contained dwelling containing a subsidiary apartment.
DWELLING UNIT: A self-contained unit consisting ofone or more habitable rooms used or
designed as the living quarters for one household.
ENGINEER: A professional engineer employed or retained by the Authority.
EST AB LISH ED GRADE:
a)
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
b)
where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure, exclusive of any artificial
embankment or entrenchment. (Ref er 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, the facilities called "Group Homes", "Halfway House",
and "Foster Home".
FLOOR AREA: The total area of all floors in a building measured to the outside face of exterior
walls. {Refer lo Minister 's Development Regulations, January 2, 2001)
FRONTAGE: The horizontal distance between side lot lines measured at the building line.
(Ref er to Minister 's Development Regulations, January 2, 2001)
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FRONT YARD DEPTH: The distance between the front lot line of a lot and the front wall of the
main building on the lot.
GARAGE: A building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up,
demolishing, or treating any article, commodity or substance. "Industry" shall be construed
accordingly.
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 part thereof occupied or used by persons who:
a)
are involuntarily detained, or detained for penal or correctional purposes, or whose liberty is
restricted, or;
b)
require special care or treatment because of age, mental or physical limitations or medical
conditions.
LAND: Includes land covered by water, and buildings and 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 to 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, January 2, 2001)
LOT COVERAGE: The combined area of all buildings on the lot measured at the level of the
lowest floor above the established grade expressed as a percentage of the total area of the lot.
(Refer to Minister's Development Regulations, January 2, 2001)
MINERAL WORKING: Land or buildings used for the working or extraction of any naturally
occurring substance.
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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:
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 and;
connected to exterior public utilities approved by the Authority, namely, piped water,
piped sewer, electricity and telephone, in order for such mobile home unit to be
suitable for year round term occupancy.
MOBILE HOME PARK: A mobile home development under single or joint ownership, cared
for and controlled by a mobile home park operator where individual mobile home lots are rented
or leased with or without mobile home units placed on them and where ownership and
responsibility for the maintenance and development of site facilities including underground
services, access roads, communal areas, snowclearing and garbage collection, or any of them, are
the responsibility of the mobile home park management and where the mobile home development
is classified as a mobile home park by the Authority.
MOBILE HOME 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, 200 I)
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, January 2, 2001)
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. ( Refer to Minister's Development
Regulations, January 2, 200/)
PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working.
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.
(Refer to Minister 's Development Regulations, January 2, 2001)
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.
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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 ofa 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)
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 Minister 's Development Regulations, Janua,y 2, 200 l)
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 to
Minister's Development Regulations, January 2, 2001)
STREET LINE: means the the edge ofa street reservation as defined by the Authority having
jurisdiction. (Refer to Minister 's Development Regulations, January 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
meal and food ma be erved for consumption on the premi e and in which entertainment ma be pro ided.
USE: means a building or activity situated on a lot or a development permitted on a lot. (Refer to Minister's
Development Regulations, January 2, 2001)
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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, January 2, 2001)
VARIAN CE: 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. (Refer
to Minister 's Development Regulations, January 2, 2001)
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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SCHEDULEB
CLASSIFICATION OF USES OF LAND AND BUILDINGS
NOTE: The classification of uses set out in the following table is based on the Classification of Typical
Occupancies included as Table 3.1.2.A of the National Building Code of Canada, 1980. This
classification is referred to in Regulation 84.
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
I. Assembly Uses for
(a) Theatre
Motion Picture Theatres
USES
the production and viewing
T.V. Studios admitting an audience.
of the performing arts.
2. General Assembly Uses
(a) Cultural and
Libraries, Museums, Art Galleries
Civic
Court Rooms, Meeting Rooms
Council Chambers
(b) General
Community Halls, Lodge Halls
Assembly
Dance Halls, Gymnasia, Auditoria
Bowling Alleys
(c) Educational
Schools, Colleges (non- residential)
(d) Place of
Churches and similar places ofwor-
Worship
ship.
Church Halls
( e) Passenger
Passenger Terminals
Assembly
(t) Club and
Private Clubs and Lodges (non-
Lodge
residential)
(g) Catering
Restaurants, Bars, Lounges
(h) Funeral
Funeral Homes and Chapels
Home
(i) Child Care
Day Care Centres
G) Amusement
Electronic Games, Arcades, Pinball
Parlours, Poolrooms
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CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEM-
3. Arena-type
(a) Indoor Assembly
Arenas, Armouries, Ice Rinks
BLY USES
Uses
Indoor Swimming Pools
( continued)
4. Open-air
(a) Outdoor
Bleachers, Grandstands, Outdoor Ice
Assembly Uses
Assembly
Rinks and Swimming Pools
Amusement Parks and Fair-grounds
Exhibition Grounds, Drive-in Theatres
B. INSTITU-
I. Penal and
(a) Penal and
Jails, Penitentiaries, Police Stations
TIONAL
Correctional
Correctional
(with detention quarters), Prisons
USES
Institutional Uses
Detention
Psychiatric Hospitals (with detention
quarters), Reformatories
2. Special Care
(a) Medical
Children's Homes, Convalescent Homes
Institutional Uses
Treatment and
Homes for Aged, Hospitals, Infirmaries
Special Care
Orphanages, Psychiatric Hospitals,
Sanatoria
C. RESIDENT-
I. Residential
(a) Single Dwelling
Single Detached Dwellings
LAL USES
Dwelling
Family & Group Homes
Uses
(b) Double Dwelling
Semi-detached Dwelling, Duplex
Dwellings, Family & Group Homes
(c) Row Dwelling
Row Houses, Town Houses
Family & Group Homes
(d) Apartment
Apartments, Family & Group Homes
Building
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CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDENTIAL
2. General
(a) Collective
Residential Colleges & Schools
USES (continued)
Residential Uses
Residential
University & College Halls of
( continued)
Residence
Convents & Monasteries
Nurses and Hospital Residences
(b) Boarding
Boarding Houses
House
Lodging Houses
Residential
(c) Commercial
Hotels & Motels, Hostels
Residential
Residential Clubs
( d) Seasonal
Summer Homes & Cabins
Residential
Hunting & Fishing Cabins
(e) Mobile
Mobile Homes
Homes
D. BUSINESS
I. Business,
(a) Office
Offices (including Government
& PERSONAL
Professional, and
Offices), Banks
SERVICE USES
Personal Service
Uses
(b) Medical &
Medical Offices and Consulting
Professional
Rooms, Dental Offices & Surgeries
Legal Offices, Similar Professional
Offices
( c) Personal
Barbers, Hairdressers, Beauty
Service
Parlours
Small Appliance Repairs
(d) General
Self-service Laundries, Dry Cleaners
Service
(not using flammable or explosive
substances)
Small Tool and Appliance Rentals
Travel Agents
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CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
I. Business,
(e) Communications
Radio Stations
PERSONAL
Professional &
Telephone Exchanges
SERVICE USES
Personal Service
( continued)
Uses
( continued)
(t) Police Station
Police Stations
Without detention
quarters
(g) Taxi Stand
Taxi Stands
(h) Take-out Food
Take-out Food Service
Service
(i) Veterinary
Veterinary Surgeries
E. MERCANTILE
I. Retail Sale and
(a) Shopping Centre
Shopping Centres
USES
Display Uses
(b) Shop
Retail Shops and Stores
and Showrooms
Department Stores
(c) Indoor Market
Market Halls
Auction Halls
(d) Outdoor Market
Market Grounds Animal
Markets
Produce and Fruit Stands
Fish Stalls
(e) Convenience
Confectionary Stores
Store
Comer Stores
Gift Shops, Specialty
Shops
F. INDUSTRlAL
I. Industrial uses
(a) Hazardous
Bulk Storage of
USES
involving highly
Industry
hazardous liquids and
combustible and
sub-stances. Chemical
hazardous
Plants
substances and
Distilleries, Feed Mills,
processes.
Lacquer, Mattress, Paint,
Varnish, and Rubber
Factories, Spray Painting
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Town of Red Bay Development Regulations 2010-2020
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUST-
2. General Industrial
(a) General
Factories, Cold Storage Plants
RIAL USES
Uses involving
Industry
Freight Depots, General Garages
( continued)
Limited Hazardous
Warehouses Workshops,
Substances and
Laboratories
Processes.
Laundries, Planing Mills, Printing
Plants
Contractors' Yards
(b) Service
Gasoline Service Stations
Station
Gas Bars
3. Light, Non-
(a) Light
Light Industry, Parking Garages
hazardous or Non-
Industry
Indoor Storage, Warehouses
intrusive Industrial
Workshops
Uses.
G. NON-
I. Uses not directly
(a) Agriculture
Commercial Farms, Hobby
BUILDING
related to building
Farms, Market Gardens &
USES
Nurseries
(b) Forestry
Tree Nurseries, Sylviculture
(c) Mineral
Quarries, Pits, Mines, Oil Wells
Working
( d) Recreational
Playing Fields, Sports Grounds,
Open Space
Parks
Playgrounds
( e) Conservation
Watersheds, Buffer Strips, Flood
Plains
Architectural, Historical and
Scenic Sites
Steep Slopes, Wildlife
Sanctuaries
(t) Cemetery
Cemeteries, Graveyards
(g) Scrap Yard
Car Wrecking Yards, Junk Yards
Scrap Dealers
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Town of Red Bay Development Regulations 2010-2020
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVI SION
CLASS
EXAMPLES
G. NON-
I. Uses not
(h) Solid Waste
Solid Waste Disposal
BUILDING
directly related to
Sanitary Land Fill
USES
building.
Incinerators
( continued)
(continued)
(i) Animal
Animal Pounds, Kennels, Zoos
U) Antenna
TV, Radio and Comm unications
Transmitting and Receiving Masts
and Antennae
(k) Transportation
Airfields, Railway Yards, Docks
and Harbours
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Town of Red Bay Development Regulations 2010-2020
SCHEDULEC
USE ZONE TABLES
This schedule contains tables showing the use classes that 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 following Use Zones are included:
D.W. Knight Associates
Mixed Development
Heritage Preservation
Rural Resource
Future Expansion
Watershed Protection
MD
HP
RR
FE
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Town of Red Bay Development Regulations 2010-2020
USE ZONE TABLE
Zone Title:
Mixed Development (MD) (Red Bay)
Permitted Use Classes (see Regulation 85)
Single dwelling, mobile home, conservation
Discretionary Use Classes (see Regulations 22 and 86)
Double dwelling, row dwelling, apartment building, theatre, cultural and civic, general
assembly, education, place of worship, passenger assembly, club and lodge, catering,
funeral home, child care, amusement, indoor assembly, medical treatment and special
care, collective residential, boarding home, commercial residential, mobile home,
office, medical & professional, personal service, general service, communications, taxi
stand, police station, take-out food service, shopping centre, shop, indoor market,
outdoor market, convenience store, service station, light industry, agriculture, general
industry, veterinary, antenna, transportation, recreational open space.
CONDITIONS
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are compatible or complementary to uses within the permitted
use classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
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Town of Red Bay Development Regulations 2010-2020
2. Residential
Standards for residential development (where permitted) shall be as fo llows:
Dwelling
Min Lot Area
Min Floor
Min
Min Bldg
Min
Min
Max Lot
Type
- m2 (f12)
Area - m2
Frontage
Line
Sideyard
Rearyard
Coverag
1 m2 = 1 0. 76fl2
(fl2)
- m (fl)
Setback - m
Width -m
Depth - m
e - %
(ft)
(ft)
(ft)
Single
800
80
25
6**
2
9
33
Dwelling
(8608)
(860)
(82)
(20)
(6.5)
(29.5)
Double
550*
80*
35
6**
1.5
9
33
Dwelling
(5918)
(860)
(115)
(20)
(5)
(29.5)
Row
450*
65*
15*
8**
1.5
9
33
Dwelling
(4842)
(700)
(50)
(26)
(5)
(29.5)
Apt Bldg
200*
40*
36
8**
5
14
33
1 Bed
(2152)
(430)
(118)
(26)
(16.5)
(46)
Apt
2 Bed
250*
50*
36
8**
5
14
33
Apt
(2690)
(538)
(118)
(26)
(16.5)
(46)
3 Bed
280*
70*
36
8**
5
14
33
Apt
(3012)
(753)
(118)
(26)
(16.5)
(46)
4Bed
300*
70*
36
8**
5
14
33
Apt
(3228)
(753)
(118)
(26)
(16.5)
(46)
*
per dwelling urnt
**
or in accordance with the requirements of Works, Services & Transportation
1 m = 3.28 sq. ft.; 1 sq. m. = 10.76 sq. ft.
3. Row and Apartment Housing
Row or apartment dwellings may be permitted to satisfy the needs of, eg, families, seniors or
other special needs groups, provided Council is satisfied that siting and servicing
requirements have been met.
4. Mobile Home
i)
Development standards for residential development shall apply to mobile home
development with the exception of:
a) Minimum floor area, and
b) Minimum rearyard depth.
ii) All standards and conditions of the provincial Mobile Home Development
Regulations shall apply with regard to any mobile home development.
iii) Backlot development shall not be permitted in mobile home development.
5. Subdivision Development
i) Refer to the Subdivision of Land section which forms Part rv of these Regulations"
ii) With regard to residential subdivision design and in addition to the requirements of
Part IV of the e Regulations the
uthority ma require that·
a) street layout and placement of building lots conform to natural features and
topography as much as possible and a grid pattern be avoided;
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Max
Height
- m (fl)
8
(26)
8
(26)
10
(33)
10
(33)
10
(33)
10
(33)
10
(33)
Town of Red Bay Development Regulations 2010-2020
b) at least two accesses from the subdivision to a collector or arterial street be
provided;
c) waterbodies and watercourses be not altered and, if possible, integrated with
open space and park areas;
d) original trees and plant growth be left on building lots and open space areas.
6. Occupancy Permit
All dwellings must have properly finished exteriors and an occupancy permit must be issued
by the Authority before the dwelling may be inhabited.
7. Lot Area
The requirements of the Department of Health or Environment and Lands are that the
minimum area of land required per dwelling unit, subject to the water and sewer services
available, are as follows:
Available Services
Required
Lot Area
With a municipal water supply and
connection to a municipal sewer or to
800m2
a private sewer discharging directly to
8608 ft2
the sea
With a municipal piped water supply
1400 m'
and sewage disposal by septic tank and
15064 ft2
tile field.
8. Development Standards
With the exception ofresidential development, the development standards for this zone shall
be as follows:
a) Minimum Building Line Setback
b) Minimum Sideyard Width
c) Minimum Rearyard Depth
d) Maximum Height
6 metres (20 feet)
4 metres ( 13 feet)
IO metres (33 feet)
15 metres ( 49 feet)
All standards conditions or other requirements of the Residential (Res) zone shall apply
with regard to residential development in the Mixed Development (MD) zone.
9. Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on any lot or
site occupied by a use permitted or existing as a legal non-conforming use in this zone shall
be a follow :
a) The size, shape, illumination and material construction of the advertisement shall meet
the requirements of the Authority, having regard to the safety and convenience of
users of adjacent streets and sidewalks, and the general amenities of the surrounding
area.
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Town of Red Bay Development Regulations 2010-2020
b) No advertisement shall exceed 5 sq. m. (54 sq. ft.) in area.
10. Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any site relating
to a use permitted in this or another zone, or not relating to a specific land use shall be as
follows:
a) Each advertisement shall not exceed 3 sq. m. (32 sq. ft.) in area, When the
advertisements relate to a specific land use, they shall be located within a reasonable
distance of, and only show thereon the name and nature of the distance or direction to
the premises to which they relate.
b) 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.
11. Accessory Building
I) The total of all accessory buildings associated with a permitted use in this zone shall
have a lot coverage no greater than 7%, or 30 sq. m. and each building shall have a
height of no more than 3 metres.
2) No accessory building shall project in front of any building line setback.
12. Outdoor Market
An outdoor market may, at the discretion of the Authority, include a used car lot, provided
due consideration is given to the size and scale of the development relative to surrounding
development and to the site itself. Due consideration shall also be given to buffering where
appropriate, off-street parking, and to the implications of traffic movement and/or congestion
as well as safe access.
13. Access
The number of accesses to the street shall be limited and designed to the satisfaction of the
Authority, having regard to the safety and efficiency of the street for both vehicles and
pedestrians.
14. Protection of Residential Use
Adverse effects of any proposed development on an adjacent existing residential use shall be
prevented or minimized through proper site planning and the provision of buffering by the
developer to the satisfaction of the Authority.
15. Protection of Water Sources and Environment
All development applications within 15 metres of any watercourse shall be subject to the
re ie
and approval of the En ironmental Investigation Di is ion of the Department of
Environment and Lands.
16. Service Station
The following development standards shall apply to all proposed service stations.
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Town of Red Bay Development Regulations 2010-2020
i)
All gasoline pumps shall be located on pump islands designed for such purpose, and
to which automobiles may gain access from either side.
ii) Pump islands shall be set back at a minimum 4 metres from the front lot line.
iii) Accesses shall not be less than 7 metres wide and shall be clearly marked, and where
a service station is located on a corner lot, the minimum distance between an access
and the intersection of the street shal I be IO metres and the lot line between entrances
shall be clearly indicated.
17. Mineral Exploration
Mineral Exploration may be permitted; however, any proposed mineral development will be
subject to a comprehensive environmental assessment.
18. Light and General Industry
Smaller scale light and general industrial uses such as repair, manufacturing, workshops and
traditional uses related to the fishery may be permitted, providing they are not a hazard or
nuisance to other uses.
19. Transportation
Transportation uses such as docks may also be permitted on the same basis as industrial uses.
20. Frontage
All development shall have street line frontage on a publicly owned and maintained road.
21. Home Occupations
a) Home based occupations may be permitted within a dwelling on a residential building lot
or in an accessory building subsidiary to the residential use, provided that the occupation is
carried out by a resident of the dwelling.
b) The use classes that may be permitted in residential dwellings and related accessory
dwellings shall be restricted to the following:
I) The Convenience Store use class shall be limited to specialty shops associated
only with the production and/or ancillary retail sales of hand crafted or baked
goods.
2) The Light Industry use class shall be limited to workshops associated with the
production and ancillary retail sales of wood products and furniture repair.
3) The Child Care, Personal Service and Office use classes.
4) Medical & Professional uses may be permitted as a discretionary use in a
dwelling unit in the form of medical clinics, offices or similar uses provided that:
1. The use is clearly subsidiary to the residential use.
11. No wholesale sales or storage of goods is carried out and any retail sales
are incidental and subsidiary to the approved use.
111.
Medical and professional uses shall not be permitted in any building
acces ory to a residential u e.
c) Home occupation uses shall be compatible with adjacent uses, shall not constitute a
nuisance or diminish the amenity of the surrounding area.
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Town of Red Bay Development Regulations 2010-2020
d) Home occupation uses shat I not occupy more than 25 percent of the floor area of a
dwelling or accessory building and shall not exceed 45 m2 in area in combination with the
floor area of an accessory building.
e) Retail sales shall be subsidiary to the home occupation use and may be permitted as an
activity incidental to the production of specialty goods or foods.
f)
Manufacturing activities shall be limited to those commonly associated with the small
scale production of specialty goods or foods.
g) Personal Service uses on a residential building lot shall conform to the standards set out
for home occupations in subsection ( d).
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Town of Red Bay Development Regulations 2010-2020
Zone Title:
Heritage Preservation (HP) (Red Bay)
Permitted Use Classes (see Regulation 85)
Conservation, recreational open space.
Discretionary Use Classes (see Regulations 22 and 86)
Cultural & civic, cemetery, transportation, communications, antenna, agriculture, light
industry.
CONDITIONS
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of the Authority provided proper site evaluation is carried out with respect to the
preservation of on-site historic resources and with consent from the Provincial
Archaeology Office.
2. Development Standards
The priority of the Authority shall be to preserve the heritage uses existing within
this use zone to the standards outlined in these regulations. The development
standards for this use zone shall be as follows:
1.
Minimum building line setback
6 metres (20 ft)
11.
Minimum sideyard width
4 metres (13 ft)
111.
Minimum rearyard depth
10 metres (33 ft)
1v.
Maximum height
15 metres (49 ft)
3. Cultural & Civic
Uses such as a museum or interpretation centre may be permitted within this use
class (see Condition 1).
4. Transportation
Uses related to the fishery or marine transportation (e.g., slipways, wharves) may
be permitted (see Condition 1).
5. Light Industry
Storage buildings related to the fishery or marine transportation may be permitted
(see Condition 1).
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Town of Red Bay Development Regulations 2010-2020
USE ZONE TABLE
Zone Title:
Rural and Resource (RR) (Red Bay)
Permitted Use Classes (see Regulation 85)
Conservation, recreational open space
Discretionary Use Classes (see Regulations 22 and 86)
Mineral working, cemetery, transportation, communications, solid waste disposal,
antenna, agriculture
CONDITIONS
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided they are compatible or complementary to uses within the permitted use
classes or that their development will not inhibit or prejudice the existence or the
development of such uses.
2. Mineral Workings
2.1 Applications
All applications for any mineral working or related development or for any development
within the recommended buffer shall be subject to the review and approval of the
Departments of Mines and Energy and Environment.
2.2 Separation from Adjacent Uses
Unless the Authority is satisfied that the working will not create a nuisance and will not
adversely affect the amenity of the specified development or natural feature, no mineral
working sbal 1 be located closer than the minimum distances set out below to the specified
development or natural feature.
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Town of Red Bay Development Regulations 2010-2020
Minimum Distance of Pit or Quarry Working
Existing or Proposed Residential Development (Borrow Pits)
Bedrock Quarries, or where blasting may take place
Waterbody or Watercourse
2.3 Screening
300 metres (984 ft)
I 000 metres (3280 ft)
50 metres ( 164 ft)
A mineral working shall be screened in the following manner where it is visible from a public
street or highway, developed area, or area likely to be developed during the life of the
working:
(a) 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 from any
part of the mineral working operation from adjacent uses (excepting forestry and
agriculture) or adjacent public highways and streets. The berms shall be landscaped to
the Authority's satisfaction.
(b) Where natural topography creates a visual screen between mineral workings and
adjacent land uses, additional screening may not be required.
(c) Where effective screening for any mineral working or associated processing or
manufacturing use cannot be installed or located as required above, the Authority may
refuse to permit the mineral working or associated activity.
2.4 Fencing
The Authority may require the mineral working site or excavated area of a pit or quarry
working to be enclosed by a fence designed and constructed to its specifications and no less
than 1.8 metres (6 feet) in height.
2.5 Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably reduce the
quality of water in any waterbed or watercourse. Any access road to a pit and quarry working
which crosses a brook or stream shall be bridged or culverted at the crossing in accordance
with the Regulations of the Department of Environment and Lands.
2.6 Water Ponding
No mineral working shall result in the excavation of areas below the level of the water table
nor in any way cause the accumulation or ponding of water in any part of the site. Settling
ponds may be permitted with the approval of the Department of Environment and Lands.
2. 7 Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of adjacent land.
2.8 Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned
equipment and any derelict buildings.
2.9
cces Roads
During extended periods of shutdown, access roads to a mineral working shall be ditched or
barred to the satisfaction of the Authority.
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2.10 Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron stained layer,
shall be stripped and stockpiled at least 5 metres ( 16 feet) from active quarry or stockpile
areas. The owner or operator shall ensure that the quantity of the topsoil is not affected by
dilution with other materials.
2.1 I Operating Plant and Associated Processing and Manufacturing
The Authority may permit processing and manufacturing use associated with mineral
workings provided that, in the opinion of the Authority, the use does not create a nuisance nor
is liable to become a nuisance or offensive by the creation of noise or vibration, or by reason
of the emission of fumes, dust, dirt, objectionable odour, or by reason of unsightly storage of
materials.
All permanent or temporary buildings, plants and structures associated with processing and
manufacturing will be located so as not to interfere with the present or future extraction of
aggregate resources.
The Authority may specify a minimum separation distance between operating plant or
associated processing and manufacturing structure or equipment and adjacent developed
areas likely to be developed during the life of the mineral working.
2.12 Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried out by the
operation:
a) All buildings, machinery and equipment shall be removed.
b) All pit and quarry slopes shall be graded to slopes less than 20 degrees or to the
slope conforming to that existing prior to the mineral working.
c) Topsoil and many organic materials shall be re-spread over the entire quarried
area.
d) The access road to the working shall be ditched or barred to the satisfaction or the
Authority.
e) If the mineral working contains reserves of material sufficient to support further
extraction operations, the Authority may require the work described above to be
carried out only in areas of the site where extraction has depleted reserves.
f)
Prior to commencement of the mineral working, Council may require the
developer to post a bond to be repaid once site rehabilitation has taken place. The
amount of the bond shall be no less than 10% (ten percent) of the estimated cost
of site rehabilitation, which shall be repaid with interest upon satisfactory
termination and rehabilitation of the site.
3. Protection of Water Sources and Environment
An environmental buffer a minimum width of 15 metres ( 49 feet) shall be preserved along the
high , ater mark of all bodies of water including rivers streams, ponds and wetlands. An
development within the water or within the designated buffer area must be appro ed under
Section 48 of the Waler Resources Act prior to the start of construction.
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Town of Red Bay Development Regulations 2010-2020
4. Recreational Open Space Uses
i)
No development of this kind shall be approved if it will have noticeable off-site
effects from pollution, noise, visual impact or traffic which cannot be considered
acceptable, or which cannot be made acceptable within the context of the surrounding
area.
ii) A site plan must be included with proposals for recreational, open space uses having
more than two on-site activities; or for extensions or additional activity at the site of
existing development of this kind. The site plan must clearly depict in proper scale
and proportion the layout of all existing and proposed features of the site including
activities, buildings and parking areas as well as any other items that Council may
require.
iii) Buffers of existing plant growth must be retained around the site, including the
parking area and any part fronting along a public road for a depth of at least 3 m ( I 0
feet). Landscaping of buffers, parking areas, accesses and of the entire development
in general is required and must be to the satisfaction of Council.
iv) All buildings on-site and otherwise associated with this development must have
properly finished exteriors and be maintained to the satisfaction of Council.
5. Solid Waste Disposal
(i) A buffer of not less than 1.6 km will be maintained around the municipal solid waste
disposal site (see Map I) to protect against smell, rodents and other adverse
environmental effects. Within the buffer zone, residential use may be permitted
through infilling/rounding out of existing development and as otherwise allowed in
this Plan, except where it further encroaches on the waste disposal site.
(ii) A new municipal solid waste disposal site may be permitted subject to meeting
environmental and buffering requirements.
6. Agriculture
Uses that may be permitted in this use class include traditional resource-based activities such
as home gardening and fur farming.
7. Heritage Preservation
The Authority will assign high priority to the preservation of structures and sites that
demonstrate and represent the cultural and natural heritage of Red Bay and its people,
including aboriginal sites. This will include the preservation of archaeological sites,
in consultation with the Provincial Archaeology Office and pursuing the designation
of heritage structures under provision 248 of the Municipalities Act.
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Town of Red Bay Development Regulations 2010-2020
USE ZONE TABLE
Zone Title:
Future Expansion (C) (Red Bay)
Permitted Use Classes (see Regulation 85)
None except maintenance and operation of existing uses.
Discretionary Use Classes (see Regulations 22 and 86)
None.
1. Comprehensive Planning
The Authority will require that the area zoned Future Expansion be given comprehensive
planning and engineering assessments on its suitability as a residential expansion area,
including the feasibility of providing municipal services. If the site is found to be suitable,
the Authority will require the development of a plan of subdivision and the Municipal Plan
and these Development Regulations will be amended accordingly.
2. Historic Resources
Any development must be preceded by a Stage I Historic Resources Impact Assessment
as defined by Provincial Regulation.
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SCHEDULED
GUIDE TO OFF-STREET PARKING
I. The off-street parking requirements for land uses set out in Schedule B are addressed in
the following table. They include some uses existing in the Town and some that may be
contemplated by Council at a future date.
2.
In the case of developments that include more than one land use, these standards shall be
regarded as cumulative.
3.
Adequate off-street provision for drop-off and pickup of persons shall be provided in
developments wherie required, such as uses within the education, passenger assembly,
child care, medical treatment and special care, commercial residential and take-out food
service use classes.
GROUP
DIV
CLASS
MINIMUM REQUIREMENTS
A
I
a) Theatre
One space for every 5 seats
2
a) Cultural & Civic
One space/50 square meters of gross floor area.
b) General
One space/ IO square meters of gross floor area.
Assembly
c) Educational
Schools - 2 spaces/classroom
Further education - I space/5 persons using the facilities
(students, faculty & staff).
d) Place of
One space/5 seats
Worship
e) Paissenger
As specified by the Authority
Assembly
t) Club & Lodge
One space/3 persons that may be accommodated at one
time
g) Catering
One space/3 persons that may be accommodated at one
time
h) Funeral Home
One space/ IO square meters of gross floor area
i) Child Care
One space/20 square meters of gross floor area
i) Amusement
One space/ IO square meters of gross floor area
3
a) Indoor
As specified by the Authority
Assembly
4
a) Outdoor
As specified by the Authority
Assembly
B
I
a) Penal &
As specified by the Authority
Corrnctional
Detention
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Town of Red Bay Development Regulations 2010-2020
2
a) Medical
One space/2 patients
Treatment &
Special Care
C
I
a) Single Dwelling
Two spaces/dwelling unit
b) Double
Two spaces/dwelling unit
Dwelling
c) Row Dwelling
Two spaces/dwelling unit
d) Apartment
Three spaces/2 dwelling units
Building
2
a) Collective
As specified by the Authority
Residential
b) Commercial
One space/guest room
Residential
c) Seasonal
One space/residential unit
Residential
d) Mobile Home
Two spaces/dwelling unit
D
I
a) Office
One space/20 square meters of gross floor area
b) Medical &
One space/20 square meters of gross floor area
Professional
c) Personal Service
One space/20 square meters of gross floor area
d) General Service
One space/20 square meters of gross floor area
e) Communications
As specified by the Authority
t) Police Station
As specified by the Authority
g) Taxi Stand
As specified by the Authority
h) Take-out Food
One space/20 square meters of gross floor area
Service
i) Veterinary
One space/20 square meters of gross floor area
E
I
a) Shoooing Centre
One space/15 square meters of gross floor area
b) Shop
One space/20 square meters of gross floor area
c) Indoor Market
As specified by the Authority
d) Outdoor Market
As specified by the Authority
e) Convenience
One space/20 square meters of gross floor area
Stores
F
I
a) Hazardous
One space/employee
Industry
2
a) General Industry
One space/employee
b) Service Station
One space/20 square meters of gross floor area
3
a) Light Industry
One space/employee
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SCHEDULEE
LAND USE ZONING MAPS
(ATTACHED)
page 56