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TOWN OF ROBERT'S ARM
:[)EVELOPMENT REGULATIONS
1 MPORTANT: To see if there were any changes to
this plan since it came into effect, please refer to:
List of Development Regulation Amendments
TOWN OF ROBERT'S ARM
DEVELOPMENT REGULATIONS
2010-2020
I
RegLation
TABLE OF CONTENTS
APPLICATION
Page#
1.
Short Title ..................................................................................................................................................... l
2.
Interpretation ................................................................................................................................................. 1
3.
Connnencement .............................................................................................................................................. l
4.
Municipal Code and Regulations ................................................................................................................... 1
5.
Authority .................................................................................................................................................... 1
PART I - GENERAL REGULATIONS
6.
Compliance with Regulations ........................................................................................................................ 2
7.
Permit Required ........................................................................................................................................... 2
8.
Permit to be Issued ........................................................................................................................................ 2
9.
Permit Not to be Issued in Certain Cases ..................................................................................................... 2
10.
Discretionary Powers of Authority ................................................................................................................ 3
11.
Variances ...................................................................................................................................................... 3
12.
Notice of Variance ........................................................................................................................................ 4
13.
Service Levy . . . .. . . . . . . . . .. . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . .. . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . ... . . . .. . 4
14.
Financial Guarantees by Developer ............................................................................................................... 5
15.
Dedication of Land for Public Uses .............................................................................................................. 6
16.
Reinstatement of Land ................................................................................................................................... 6
17.
Form of Application ...................................................................................................................................... 6
18.
Register of Application ................................................................................................................................. 7
TABLE O.F CONTENTS
19.
Deferment of Application .............................................................................................................................. 7
20.
Approval in Principle ............................... , .................................................................................................... 7
21.
Development Permit ............... ..
. ................................................................................... ··························· 8
22.
Reasons for Refusing Permit ......................................................................................................................... 9
23.
Notice ofRightto Appeal ............................................................................................................................ 10
24.
Appeal Requirements .................................................................................................................................. 10
25.
Approval Registration ................................................................................................................................... 11
26.
Development Prohibited ................................................................................................................................ 11
27.
Appeal Board ............................................................................................................................................... 12
28.
Appeals ......................................................................................................................................................... 12
29.
Hearing Notice and Meetings ....................................................................................................................... 14
30.
Hearing of Evidence .................................................................................................................................... 14
31.
Return of Appeal Fee .................................................................................................................................. 15
32.
Notice of Application ................................................................................................................................. 15
33.
Right of Entry .............................................................................................................................................. 15
34.
Record of Violations ................................................................................................................................... 16
35.
Stop Work Order and Prosecution ............................................................................................................. 16
36.
Delegation of Power .................................................................................................................................... 16
PARTII-GENERALDEVELOPMENTSTANDARDS
37.
Accesses and Service Streets ....................................................................................................................... 17
38.
Accessory Buildings ................................................................................................................................... 17
39.
Advertisements ............................................................................................................................................ 17
40.
Buffer Strips ................................................................................................................................................ 18
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51
52.
53.
54.
55.
56.
57.
58.
59.
TABLE OF CONTENTS
Building Height ........................................................................................................................................... 18
Building Line and Setback .. . . .. . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . 18
Family and Group Care Centres .................................................................................................................. 19
Height Exceptions ...................................................................................................................................... 19
Livestock Strucmres and Uses ..................................................................................................................... 19
Lot Area ...................................................................................................................................................... 20
Lot Area and Size Exceptions ..................................................................................................................... 20
Lot Frontage . . . . . . . . . . . .. . . . . . .. . . . .. . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Non-Conforming Uses . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . .. . . . .. .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Offensive and Dangerous Uses ................................................................................................................. 23
Off-street Parking Requirements . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . .. . . . .. . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 23
Off-street Loading Requirements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 25
Parks and Playgrounds and Conservation Uses ........................................................................................... 25
Screening and Landscaping ......................................................................................................................... 25
Services and Public Utilities ....................................................................................................................... 26
Service Stations ......................................................................................................................................... 26
Sideyards .................................................................................................................................................... 26
Street Construction Standards ..................................................................................................................... 27
Subsidiary Apartments ............................................................................................................................ 27
60.
Unsubdivided Land ..................................................................................................................................... 27
61.
Zero Lot Line and Other Comprehensive Development .............................................................................. 27
PART III - ADVERTISEMENTS
62.
Pell11 it Required . . . . . . . . . . .. . . . .. . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . .. . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . 28
TABLE OF CONTENTS
63.
Fonn of Application ................................................................. ,,,,,,,,,,,, ....................................................... 28
64.
Advertisements Prohibited in Street Reservation ........................................................................................ 28
65.
Penni! Valid for Limited Period .............................................................................................................. ,,.,,, 28
66.
Removal of Advertisements ....................................................................................................................... 28
67.
Advertisements Exempt from Control ........................................................................................................ 29
68.
Approval Subject to Conditions .................................................................................................................. 30
69.
Non-Confonning Uses ................................................................................................................................ 30
PART IV - SUBDIVISION OF LAND
70.
Permit Required .......................................................................................................................................... 30
71.
Services to be Provided ............................................................................................................................. 30
72.
Payment of Service Levies and Other Charges ........................................................................................... 31
73.
Issue of Permit Subject to Considerations ................................................................................................... 31
74.
Building Pennits Required ........................................................................................................................... 32
75.
Form of Application .................................................................................................................................... 32
76.
Subdivision Subject to Zoning .................................................................................................................... 32
77.
Building Lines ......................................................................................................................................... , ... 32
78.
Land for Public Open Space ....................................................................................................................... 32
79.
Structure in Street Reservation .................................................................................................................... 34
80.
Subdivision Design Standards ..................................................................................................................... 34
81.
Engineer to Design Works and Certify Construction Layout ...................................................................... 36
82.
Developer to Pay Engineer's Fees and Charges ........................................................................................... 36
83.
Street Works May be Deferred .................................................................................................................... 36
84.
Transfer of Streets and Utilities to Authority .............................................................................................. 37
TABLE OF CONTENTS
85.
Restriction on Sale of Lots .......................................................................................................................... 38
86.
Grouping of Dwellings and Landscaping .................................................................................................. 38
PART V - USE ZONES
87.
Use Zones .................................................................................................................................................... 39
88.
Use Classes ................................................................................................................................................. 39
89.
Pem1itted Uses ............................................................................................................................................ 39
90.
Discretionary Uses ...................................................................................................................................... 40
91.
Uses Not Permitted ..................................................................................................................................... 41
SCHEDULES
SC~EDULE A: Definitions
!
SC~EDULE B: Classification of Uses of Land and Buildings
sc4EDULE C: Use Zone Tables
SC*EDULE D: Off-Street Parking Requirements
SC~EDULE E: Land Use Zoning Maps
i
App/if ation
Page I
i
TOWN OF ROBERT'S ARM MUNICIPAL PLAN
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
!
(DEVELOPMENT REGULA TIO NS)
I
APPLICATION
1. S~ort Title
I
These Regulations may be cited as the Robert's Arm Development Regulations.
I
I
2. Itterpretation
(!)
Words and phrases used in these Regulations shall have the meanings ascribed to
them in Schedule A.
I
(2)
Words and phrases not defined in Schedule A shall have the meanings which are
commonly assigned to them in the context in which they are used in the
Regulations.
3. qommencement
I
These Regulations come into effect throughout the Robert's Arm Municipal Planning
I
Area, hereinafter referred to as the Planning Area, on the date of publication of a notice to
that effect in the Newfoundland and Labrador Gazette.
I
4. tunicipal 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 Robert's Arm, shall, under these Regulations
apply to the entire Planning Area.
5. tuthority
In these Regulations, "Authority" means the Council of the Town of Robert's Arm.
PART I - GENERAL REGULATIONS
6. Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance ~th
these Regulations.
7. Permit Required
No person shall carry out any development within the Planning Area except ~ere
otherwise provided in these Regulations unless a permit for the development has teen
issued by the Authority.
8. Permit to be Issued
Subject to Regulations 9 and I 0, a permit shall be issued for development withi~ the
Planning Area that conforms to:
1
(a)
the general development standards set out in Part II of these Regulations.I the
requirements of Part V of these Regulations, and the use classes, stando/ds,
requirements, and conditions prescribed in Schedule C of these Regulation~ for
(b)
(c)
(d)
(e)
the use zone in which the proposed development is located;
.
I
the standards set out in the Building Code and/or other ancillary codes, and I any
Building Regulations, Waste Disposal Regulations, and/or any other munilpal
regulation in force in the Planning Area regulating or controlling development,
conservation and use of land and buildings;
'
the standards set out in Part III of these Regulations in the case of advertiseme~t;
i
the standards set out in Part IV of these Regulations in the case of subdivision; I
the standards of design and appearance established by the Authority.
Part ~ - General Regulations
I
9. P~rmit Not to be Issued in Certain Cases
3
Neither a permit nor approval in principle shall be issued for development within the
Planning Area when, in the opinion of the Authority, it is premature by reason of the site
lacking adequate road access, power, drainage, sanitary facilities, or domestic water
supply, or being beyond the natural development of the area at the time of application
unless the applicant contracts to pay the full cost of construction of the services deemed
necessary by the Authority and such cost shall attach to and upon the property in respect
of which it is imposed.
10. ~iscretionary Powers of Authority
(1)
In considering an application for a permit or for approval in principle to carry out
development, the Authority shall take into account the policies expressed in the
Municipal Plan and any further scheme, plan or regulations pursuant thereto, and
shall assess the general appearance of the development of the area, the amenity of
the surroundings, availability of utilities, public safety and convenience, and any
other considerations which are, in its opinion, material, and notwithstanding the
conformity of the application with the requirements of these Regulations, the
Authority may, in its discretion, and as a result of its consideration of the matters
set out in this Regulation, conditionally approve or refuse the application.
(2)
An authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the authority's
regulations as discretionary, permitted or prohibited uses for that area
11. Variances
(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 10% if, in the authority's opinion, compliance with
Part I - General Regulations
4
the development standards would prejudice the proper development of the \and,
building or structure in question or would be contrary to public interest.
(2)
The Authority shall not allow a variance from development standards set oht in
i
development regulations if that variance, when considered together with 9ther
variances made or to be made with respect to the same land, building or stru4ure,
would have a cumulative effect that is greater than a 10% variance even th~ugh
the individual variances are separately no more than I 0%.
i
(3)
The Authority shall not permit a variance from development standards wher1 the
proposed development would increase the non conformity of an exiiting
development.
12. Notice of Variance
Where the Authority is to consider a proposed variance, the Authority shall give wrJtten
notice of the proposed variance from development standards to all persons whose la~d is
in the immediate vicinity of the land that is the subject of the variance, and allo~ a
minimum period of 7 days for response.
13. Service Levy
(1)
The Authority may require a developer to pay a service levy where developme~t is
made possible or where the density of potential development is increasedf or
where the value of property is enhanced by the carrying out of public works ei~er
on or off the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including fimjnce
'
charges to the Authority of constructing or improving the public works referre~ to
'
in Regulation 13(1) that are necessary for the real property to be develope~ in
Part ii- General Regulations
5
I
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.
14. iFinancial 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(1) may be made in the form
of:
(a)
a cash deposit from the developer, to be held by the Authority, or;
(b)
a guarantee by a bank, or other institution acceptable to the Minister, for
expenditures by the developer, or;
( c)
a performance bond provided by an insurance company or a bank, or;
( d)
an annual contribution to a sinking fund held by the Authority, or;
(f)
another form of financial guarantee that the Authority may approve.
Part I - General Regulations
6
15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, the Authprity
may require the dedication of a percentage of the land area of any subdivision or +ther
'
development for public use, and such land shall be conveyed to the Authorio/ m
accordance with the provisions of the Act.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased,! the
Authority may order the developer, the occupier of the site, or the owner or all of thejn 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 ofthen!t, as
'
the case may be, and the developer, occupier or owner shall carry out the order o~ the
'
'
Authority and shall put the site in a clean and sanitary condition to the satisfaction ofthe
Authority.
17. Form of Application
(1)
(2)
An application for a development permit or for approval in principle shal\ be
made only by the owner or by a person authorized by the owner to the Auth9rity
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,
11illd
be accompanied by the permit fee required by the Authority.
!
The Authority shall supply to every applicant a copy of the application fopns
I
referred to in Regulation 17(1) and a description of the plans, specifications hnd
I
drawings required to be provided with the application and any informatiorl or
requirements applicable to the application.
Part I! General Regulations
7
18. kegister of Application
The Authority shall keep a public register of all applications for development, and shall
enter therein the Authority's decision upon each application and the result of any appeal
from that decision.
19. Peferment of Application
(l)
The Authority may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations which have
not been determined by the Authority and on which a decision has not been com-
municated to the applicant within eight weeks of the receipt thereof by the
Authority, and on which consideration has not been deferred in accordance with
Regulation 18(1 ), shall be deemed to be refused.
20. IApproval 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 develop-
ment is, subject to the approval of detailed plans, in compliance with these
Regulations.
(2)
Where approval in principle is granted under this Regulation, it shall be subject to
the subsequent approval by the Authority of such details as may be listed in the
approval in principle, which shall also specify that further application for approval
of these details shall be received not later than two years from the grant of
approval in principle.
Part I - General Regulations
8
21. Development Permit
( l)
A plan or drawing which has been approved by the Authority and which bejrrs a
(2)
(3)
(4)
(5)
mark and/ or signature indicating such approval together with a permit sha\i be
!
deemed to be permission to develop land in accordance with these Regulationt but
!
such permission shall not relieve the applicant from full responsibilitYI for
obtaining permits or approvals under any other regulation or statute pri9r to
commencing the development; from having the work carried out in accordiffice
with these Regulations or any other regulations or statutes; and from complibce
with all conditions imposed thereunder.
!
!
The Authority may attach to a permit or to approval in principle such conditjons
!
as it deems fit in order to ensure that the proposed development will bf in
'1
accordance with the purposes and intent of these Regulations.
Where the Authority deems necessary, permits may be issued on a temporary
I
basis for a period not exceeding two years, which may be extended in writing by
!
the Authority for further periods not exceeding two years.
A pennit is valid for such period, not in excess of two years, as may be st:l.ted
!
therein, and if the development has not commenced, the permit may be rene"fed
for a further period not in excess of one year, but a permit shall not be reneY.ed
I
more than once, except in the case of a permit for an advertisement, which ma~ be
renewed in accordance with Part III of these Regulations.
The approval of any application and plans or drawings or the issue of a per\nit
!
shall not prevent the Authority from thereafter requiring the correction of errtrs,
or from ordering the cessation, removal of, or remedial work on any developnifnt
Part - General Regulations
9
being carried out in the event that the same is in violation of this or any other
regulations or statute.
(6)
The Authority may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit was
issued in error or was issued on the basis of incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter or thing in
being done for which a pennit has been issued, a copy of the permit and any plans,
drawings or specifications on which the issue of the permit was based during the
whole progress of the work, or the doing of the matter or thing until completion.
22. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit,
state the reasons for so doing.
23. Notice of Right to Appeal
I
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.
Part I· General Regulations
10
24. Appeal Requirements
(I)
The secretary of the Appeal Board at the Department of Municipal and Provi*cial
Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700f St
John"s, Nfld., AIB 4J6 is the secretary to all Appeal Boards in the provincej and
an appeal filed with that secretary within the time period referred to in subse~tion
i
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 Bpard
I
that hears the decision being appealed by filing it with the secretary referred ~o in
subsection (1) or (2) within the 14 days referred to in subsection 42(4) of the ~ct.
(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 apbeal
'
that decision shall be considered to have been forfeited.
25. Appeal Registration
'i
(I)
Upon receipt of an appeal and fee as required under the Act and these regulatipns,
(2)
I
the secretary of the Appeal Board as referred to in subsections 24(1) and (2), ~hall
!
immediately register the appeal.
!
Where an appeal has been registered the secretary of the Appeal Board shall n<?tify
the Authority of the appeal and shall provide to the Authority a copy of the ap~eal
and the docun1entation related to the appeal.
Part~- General Regulations
11
i
(3)
Where the Authority has been notified of an appeal that Authority shall within one
week of notification forward to the appropriate board a copy of the application
being appealed, all correspondence, council minutes, plans and other relevant
information relating to the appeal including the names and addresses of the
applicant and other interested persons of whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate authority, a
notice that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
26. pevelopment Prohibited
i
(I)
Immediately upon notice of the registration of an appeal the Authority shall ensure
that any development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to the Authority acting under subsection
(1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, the Authority shall not carry out work related
to the matter being appealed.
27. 'Appeal Board
(I)
The minister may, by order, establish an Appeal Board and shall assign to the
Appeal Board a specific area of the province over which it shall have jurisdiction,
as outlined in section 40, of the Act.
Part I· General Regulations
Pag~ 12
'
28. Appeals
(1)
A person or an association of persons aggrieved of a decision that, under the
regulations, may be appealed, may appeal that decision to the appropriate Appeal
Board where the decision is with respect to
(a) an application to undertake a development;
(b) a revocation of an approval or a permit to undertake a development;
(c) the issuance of a stop work order; and
(d) a decision permitted under the Act or another Act to be appealed to the bo!\rd.
(2)
A decision of the Authority to adopt, approve or proceed with a municipal pl~n, a
scheme, development regulations and amendments and revisions of them is hnal
and not subject to an appeal.
(3)
An Appeal Board shall not make a decision that does not comply withj the
municipal plan, a scheme and development regulations that apply to the m~tter
being appealed.
(4)
An appeal shall be filed with the Appeal Board not more than 14 days afte~! the
person who made the original application appealed from has received the deci~ion
!
being appealed.
(5)
An appeal shall be made in writing and shall include
(a) a summary of the decision appealed from;
(6)
(b) the grounds for the appeal; and
( c) the required foe.
A person or group of persons affected by the subject of an appeal or their
I
representatives may appear before an Appeal Board and make representat~ons
Part lj- General Regulations
Page 13
concerning the matter under appeal.
(7)
An Appeal Board may inform itself of the subject matter of the appeal in the
manner it considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance with the Act
and the municipal plan, scheme and regulations that have been registered under
section 24, of the Act, and having regard to the circumstances and merits of the
case.
(9)
A decision of the Appeal Board must comply with the plan, scheme or
development regulations that apply to the matter that has been appealed to that
board.
(I 0)
In determining an appeal, an Appeal Board may confirm, reverse or vary the
decision appealed from and may impose those conditions that the board considers
appropriate in the circumstances and may direct the Authority to carry out its
decision or make the necessary order to have its decision implemented.
(11)
Notwithstanding subsection (10), where the Authority may, in its discretion, make
a decision, an Appeal Board shall not make another decision that overrules the
discretionary decision.
(12)
The decision of a majority of the members of an Appeal Board present at the
hearing of an appeal shall be the decision of the Appeal Board.
(13)
An Appeal Board shall, in writing notify the appellant and the appropriate
Authority of the decision of the Appeal Board.
Part II· General Development Standards
I.
14
29. Hearing Notice and Meetings
(I)
An Appeal Board shall notify the appellant, applicant, authority and other pe~sons
affected by the subject of an appeal of the date, time and place for the appe~ not
fewer than 7 days before the date scheduled for the hearing of the appeal.
(2)
An Appeal Board may meet as often as is necessary to conduct its work i~ an
expeditious manner.
30. Hearing of Evidence
(1)
An Appeal Board shall meet at a place within the area under its jurisdictioni and
the appellant and other persons notified under regulation 29(1) or their
representative may appear before the Appeal Board and make representations l.vith
respeet to the matter being appealed.
(2)
An Appeal Board shall hear an appeal in accordance with section 43 of the i 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 slime
manner as evidence directly provided at the hearing of the Appeal Board.
( 4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
31. Return of Appeal Fee
Where an appeal made by an appellant under section 42 of the Act, is successful,! an
Part 1} - General Development Standards
15
amount of money equal to the fee paid by that appellant under regulation 24(2) shall be
paid to him or her by the Authority.
32. Notice of Application
The Authority may, and when a variance is necessary under Regulation 11 and the
Authority wishes to consider whether to authorize such a variance, when a change in
nonconforming use is to be eonsidered under Regulation 49, or when the development
proposed is listed as a discretionary use in Schedule C of the Regulations shall, at the
, expense of the applicant, give notice of an application for a permit or for approval in
principle, by public advertisement in a newspaper circulating in the area or by any other
means deemed necessary, and under Regulation 12 and the Authority shall give written
notice of the proposed variance from development standards to all persons whose land is
in the immediate vicinity of the land that is the subject of the variance, and allow a
minimum period of7 days for response.
33. Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land
and may at all reasonable times enter any development or building upon the land for the
purpose of making surveys or examinations or obtaining information relative to the
carrying out of any development, construction, alteration, repair, or any other works
whatsoever which the Authority is empowered to regulate.
34. !Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to
his knowledge and report that violation to the Authority.
Part II - Ge11eral Developmelll Standards
16
35. Stop Work Order and Prosecution
(I)
Where a person begins a development contrary or apparently contrary to ~hese
Regulations, the Authority may order that person to stop the development or 'fvork
connected therewith pending final adjudication in any prosecution arising opt of
!
the development.
(2)
A person who does not comply with an order made under Regulation 35([) is
'·
guilty of an offence under the provisions of the Act.
36 Delegation of Powers
An authority shall, where designating employees to whom a power is to be delegated
!
under subsection 109(3) of the Act, make that designation in writing.
PART II-GENERAL DEVELOPMENT STANDARDS
37. Accesses and Service Streets
(1)
Access shall be located to the specification of the Authority so as to ensure the
greatest possible convenience and safety of the street system and the Auth~rity
may prescribe the construction of service streets to reduce the number of acce'~ses
to collector and arterial streets.
(2)
No vehicular access shall be closer than I 0 metres to the street line of any sljreet
intersection.
Part II - Ge11eral Developme11t Sta11dard.v
17
38. ~ccessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the use of
the main buildings in character, use and size, and shall be contained on the same
lot
(2)
No accessory building or part thereof shall project in front of any building line.
(3)
The sideyard requirements set out in the use zone tables in these Regulations shall
apply to accessory buildings wherever they are located on the lot but accessory
buildings on two (2) adjoining properties may be built to property boundaries
provided they shall be of fire resistant construction and have a common firewall.
39. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part III of
these Regulations.
40. Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or
proposed residential area, or is separated from it by a road only, the owner of the site of
the industrial development shall provide a buffer strip not less than ten (10) metres wide
between any residential activity and the industrial area. The buffer shall include the
provision of such natural or structural barrier as may be required by the Authority and
shall be maintained by the owner or occupier to the satisfaction of the Authority.
41. I Building Height
The Authority may permit the erection of buildings of a height greater than that specified
in Schedule C, but in such cases the building line setback and rearyard requirements shall
Part II - General Development Standards
i
18
be varied as follows:
(I)
The building line setback shall be increased by 2 metres for every I metre inctease
in height.
(2)
The rearyard shall not be less than the minimum building line setback calculated
as described in (I) above plus 6 metres.
42. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed
!
street or service street and may require any new buildings to be located on those buil~ing
'
lines, whether or not such building lines conform to the standards set out in the tabl~s in
Schedule C of these Regulations.
43. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequat:e in
size to accommodate the number of persons living in the group, inclusive of s'aff,
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 1the
neighbourhood in which it is located. The Authority may require special access and
safety features to be provided for the occupants before occupancy is permitted.
44. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be waive4 in
the case of communication masts and antennae, flagpoles, water towers, spires, belfrjes,
Part ff - General Development Standards
19
or chimneys, but any such waiver which results in an increase of more than 10% of the
permitted height of the structure shall only be authorized under the provisions of
Regulation 11.
45. livestock Structures and Uses
(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 ereeted.
( c)
The structure shall be at least 90 m from the centre line of a street.
( d)
The erection of the structure shall be approved by the Department of
Forest Resources & Agrifoods and the Department of Environment.
(2)
No development for residential use shall be permitted within 600 m of an existing
structure designed to eontain more than five animal units unless the development
is first approved by the Department of Forest, Resources and Agrifoods.
46. 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
Part II - General Developmelll Standards
I 20
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 pait 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 lpt or
any part thereof, and shall not be deemed to form part of an adjacent lot fot the
purpose of computing the area thereof available for building purposes.
47. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already
exist in any residential zone, with insufficient frontage or area to permit the owm1r or
purchaser of such a lot or lots to comply with the provisions of these Regulations, then
these Regulations shall not prevent the issuing of a permit by the Authority for1 the
erection of a dwelling thereon, provided that the lot coverage and height are not grtjater
than, and the yards and floor area are not less than the standards set out in t~ese
Regulations.
48. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of tljlese
Regulations, no residential or commercial building shall be erected unless the lo~ on
which it is situated fronts directly onto a street or forms part of a Comprehen~ive
Development Scheme.
49. Non-Conforming Use
(I)
Notwithstanding the Municipal Plan, scheme or regulations made under this
Part if -General Development Standards
21
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 (1), a right to resume a discontinued non-conforming
use of land shall not exceed 12 months after that discontinuance.
(3)
A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (1)
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Authority;
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development;
( c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, structure or
development has been destroyed;
( d)
may have the existing use for that building, structure or development
varied by the Authority to a use that is, in the Authority's opinion, more
compatible with the plan and regulations applicable to it;
( e)
may have the existing building extended by approval of the Authority
where, in the Authority's opinion, the extension is not more than 50% of
the existing building;
(f)
where the non-conformance is with respect to the standards included in
these development regulations, shall not be expanded if the expansion
Part II - General Deve/(Jpment Standards
22
would increase the non-conformity;
(g)
where a building, structure or development does not meet the developjnent
standards included in development regulations, the building, structure or
development shall not be expanded if the expansion would increas¢ the
non-conformity and an expansion must comply with the developlnent
standards applicable to that building, structure or development.
(h)
where the building or structure is primarily zoned and used for residtiritial
purposes, may, in accordance with the municipal plan and regulation$, be
repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed.
Where considering a non conforming building, structure or development' and
before making a decision to vary an existing use of that non-conforming building,
structure or development, the Authority, at the applicant"s expense, shalJ pu~lish
a notice in a newspaper circulating in the area or by other means give p~blic
notice of an application to vary the existing use of a non-conforming building,
structure or development and shall consider any representations or submiss~ons
received in response to that advertisement.
SO. Offensive and Dangerous Uses
No building or land shall he 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 vibratiol}, or
create any nuisance that has an unpleasant effect on the senses unless its use is authorjzed
by the Authority and any other authority having jurisdiction.
51. Offstreet Parking Requirements
(1)
For every building, structure or use to he erected, enlarged or established, there
shall be provided and maintained a quantity of off-street parking spaces suffic;ient
Part ff - General Development Standards
23
to ensure that the flow of traffic on adjacent streets is not impeded by the on-street
parking of vehicles associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Schedule D of these
Regulations.
(3)
Each parking space, except in the case of one or two-family dwellings, shall be
made accessible by means of a hard surfaced right-of-way at least 3 m in width.
Parking required in a Residential Zone shall be provided on the same lot as the
dwelling or dwellings. Parking space for apartments shall be provided in the rear
yard where possible. In a Non-Residential Zone, parking spaces shall be provided
within the limits of the zone in which the use is situated and not more than 200 m
distant from the use concerned.
( 4)
The parking facilities required by this Regulation shall, except in the case of
single or attached dwellings, be arranged so that it is not necessary for any vehicle
to reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted:
(a)
parking space shall mean an area of land, not less than 15 m2 in size,
capable of being used for the parking of a vehicle without the need to
move other vehicles on adjacent areas;
(b)
the parking area shall be constructed and maintained to the specifications
of the Authority;
( 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;
Part fl - General Development Standards
I 24
(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 Author-
ity for the provision
and upkeep of alternative parking facilities within the general vicinity of
the development.
52. Off-Street Loading Requirements
(I)
For every building, structure or use to be erected, enlarged or established requihng
the shipping, loading or unloading of animals, goods, wares or merchandise, tlliere
shall be provided and maintained for the premises loading facilities on land th:;tt is
not part of a street comprised of one or more loading spaces, 15 m long, 4 m w\ide,
and having a vertical clearance of at least 4 m with direct access to a street or with
access by a driveway of a minimum width of 6 m to a street.
(2)
The number of loading spaces to be provided shall be determined by ;the
Authority.
Part fl - General Development Standards
25
(3)
The loading facilities required by this Regulation shall be so arranged that
vehicles can manoeuvre clear of any street and so that it is not necessary for any
vehicle to reverse onto or from a street.
53. farks 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.
54. Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the owner or
occupier to provide adequate and suitable landscaping or screening; and for this purpose
may require the submission of an application giving details of the landscaping or
screening, and these Regulations shall then apply to that application. The provision of
adequate and suitable landscaping or screening may be made a condition of any
development permit where, in the opinion of the Authority, the landscaping or screening
is desirable to preserve amenity, or protect the environment.
55. iServices and Public Utilities
The Authority may within any zone pennit laud to be used in eonjunction with the
provision of public services and public utilities if the use of that land is necessary to the
proper operation of the public service or public utility concerned provided that the design
and landscaping of any development of any land so used is, in the opinion of the
Authority, adequate to protect the character and appearance of the area.
Part II - General Development Standards
; 26
56. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pwnp islands designed for such pUl'JilOSe,
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,1 and
where a service station is located on a comer lot, the minimum distance between
an aecess and the intersection of street lines at the junction shall be 10 metres and
the lot line between entrances shall be clearly indicated.
57. Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the exposed ~ides
of every building in order to provide access for the maintenance of that building.
58. Street Construction Standards
A new street may not be constructed except in accordance with and to the design ;and
specifications laid down by the Authority.
59. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the purposes of
calculating lot area and yard requirements, shall be considered part of the self-contaihed
dwelling.
Part JI - General Development Standards
27
60. (Jnsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to
satisfy the yard and other allowances called for in the Use Zone in which it is located and
the allowances shall be retained when the adjacent land is developed.
61. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which are designed
to form part of a zero lot line development or other comprehensive layout which does not,
with 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 Ill - Advertlseme11ts
I
28
PART III -ADVERTISEMENTS
62. Permit Required
Subject to the provisions of Regulation 67, no advertisement shall be erected or displayed
in the Planning Area unless a permit for the advertisement is first obtained from the
Authority. Permit for erection or display of advertisement on Provincial Highways 1shall
be obtain from the Government Service Centre.
63. Form of Application
Application for a permit to erect or display an advertisement shall be made to the
authority in accordance with Regulation 17.
64. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over, any
highway or street reservation.
65. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement
shall be for a limited period, not exceeding two years, but may be renewed at the
discretion of the Authority for similar periods.
66. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the
removal of any advertisement which, in its opinion, is:
Part III -Advertisements
29
(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.
67. <\dvertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
1
application to the Authority:
(a)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
0.2 m' in area;
(b)
on an agricultural holding or farm, a notice board not exceeding 1 m' 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 m' 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 within the curtilage of a dwelling, one nameplate not exceeding
0.2 m2 in area in connection with the practice of a professional person carried on
in the premises;
(f)
on any site occupied by a church, school, library, art gallery, museum, institution
or cemetery, one notice board not exceeding I m' 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,
identif)'ing the parking lot.
Part IV - Subdivlvion of Land
30
68. Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which comply
with the appropriate conditions and specifications set out in the Use Zone Tables in
Schedule C of these Regulations.
69. Non-Conforming Uses
Notwithstanding the provisions of Regulation 62, a permit may be used for the erectil!m 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 advertiseµient
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
70. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of
the subdivision is first obtained from the Authority.
71. Services to be Provided
No permit shall be issued for the development of a subdivision w1less 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.
Part IV - Subdivis/011 of La11d
31
72. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
1
reached for the payment of all fees levied by the Authority for connection to services,
!
utilities and streets deemed necessary for the proper development of the subdivision, and
all service levies and other charges imposed under Regulations 13 and 14.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly gro"'th 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;
(f)
the relationship of the project to existing or potential sources of nuisance;
(g)
soil and subsoil characteristics;
(h)
the topography of the site and its drainage;
(i)
natural features such as lakes, streams, topsoil, trees and shrubs;
G)
prevailing winds;
(k)
visual quality;
(1)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
Part IV - Subdivision of Land
I
32
74. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building
permit shall be obtained for each building proposed to be erected in the area of the
subdivision, and no building permit for any building in the area shall be issued until the
developer has complied with all the provisions of these Regulations with respect to the
development of the subdivision.
75. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in
accordance with Regulation 17.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
77. Building Lines
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines.
78. Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate to the
Authority, at no cost to the Authority, an area of land equivalent to not more than
10% of the gross area of the subdivision or 25 m2 for every dwelling unit per-
Part IV - Subdivision of Land
33
mitted 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(l)(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 publie 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 ).
Part IV - Subdlvlsi"n of Land
i
34
79. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the
prior approval of the Authority which shall be satisfied on the question of safe
construction and relationship to the adjoining buildings and other structures within the
street reservation.
80. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations
unless the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter of not less
than30 m.
(c)
The maximum length of any cul de sac shall be:
(i)
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 Affaivs in
connection with munieipal five-year capital works program eligibility.
(ii)
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.
(f)
New subdivisions shall have street connections with an existing street or streets.
Part IV - Subdivision of Land
35
(g)
All street intersections shall be constructed within 5° of a right angle and this
alignment shall be maintained for 30 m from the intersection.
(h)
!
(i)
(j)
(k)
No street intersection shall be closer than 60 m to any other street intersection.
No more than four streets shall join at any street intersection.
No residential street block shall be longer than 490 m between street intersections.
Streets in residential subdivisions shall be designed in accordance with the
approved standards of the Authority, but in the absence of such standards, shall
conform to the following minimum standards:
Type of Street
Street
Pavement
Sidewalk
Sidewalk
Reservation
Width
Width
Number
Arterial Streets
30m
15 m
1.5m
discretion
of Council
Collector Streets
20m
15 m
1.5m
2
Local Residential Streets:
where more than 50%
l5m
9m
Um
1
of the units are single or
double dwellings;
where 50% or more of
20m
9m
1.5 m
2
the units are row
houses or aoartments.
Service Streets
15 m
9m
1.5m
discretion
of Council
(1)
No lot intended for residential purposes shall have a depth exceeding four times
the frontage.
(m)
Residential lots shall not be permitted which abut a local street at both front and
rear lot lines.
(n)
The Authority may require any existing natural, historical or architectural feature
or part thereof to be retained when a subdivision is developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
Part JV - Subdlvls/011 of La11d
' 36
81. Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters and
catch basins and all other utilities deemed necessary by the Authority to service
the area proposed to be developed or subdivided shall be designed and prepared by
or approved by the Engineer.
Such designs and specifications shall, upon
approval by the Authority, be incorporated in the plan of subdivision.
(2)
Upon approval by the Authority of the proposed subdivision, the Engineer shall
certify all work of construction layout 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 appurtenances and of all such streets and other
works deemed necessary by the Authority to service the said area.
82. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of materials and
labour for the construction and installation of all works calculated in accordance with the
Schedule of Fees recommended by the Association of Professional Engineers of
Newfoundland and in effect at the time the work is carried out.
83. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and
paving specified by the Authority as being necessary, may, at the Authority's discretion,
Part IV - Subdivisio11 of La11d
37
be deferred until a later stage of the work on the development of the subdivision but the
developer shall deposit with the Authority before approval of his application, an amount
estimated by the Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the work of development, the Authority
shall call for tenders for the work of construction and installation of the works, and the
amount so deposited by the developer shall be applied towards payment of the contract
cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the
amount of the excess. If the contract price is less than the deposit, the Authority shall
' refund the amount by which the deposit exceeds the contract price. Any amount so
deposited with the Authority by the developer shall be placed in a separate savings
account in a bank and all interest earned thereon shall be credited to the developer.
84. Transfer of Streets and Utilities to Authority
(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.
Part JV- Subdivision of Land
' 38
(3)
The Authority shall not provide maintenance for any street, service or public work
in any subdivision until such time as such street, service or public work has been
transferred to and accepted by the Authority.
85. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Authority is
satisfied that:
(a)
the lot ean be served with satisfactory water supply and sewage disposal systems,
and;
(b)
satisfactory access to a street is provided for the lots.
86. Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building types
and for landscaping in order to enhance the visual aspects of the completed
development and to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by the Authority, shall not be changed without
written application to and subsequent approval of the Authority.
Part V - U.ve Zones
39
PART V - USE ZONES
87. tr se Zones
(I)
For the purpose of these Regulations, the Planning Area is divided into Use Zones
which are shown on the Zoning Map attached to and forming part of these
Regulations.
(2)
Subject to Regulation 87(3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in
the Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not set
out in the Use Zone Tables in Schedule C, the Authority may in its discretion,
determine the standards, requirements and conditions which shall apply.
88. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in
Schedule C shall be determined by the Authority in accordance with the classification and
examples set out in Schedule B.
89. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in
the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that
Use Zone.
Part V - Use Zones
40
90. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Class~s set
out in the appropriate Use Zone Table in Schedule C may be permitted in that Use Zone if
the Authority is satisfied that the development would not be contrary to the general intent
and purpose of these Regulations, the Municipal Plan, or any further scheme or plan or
regulation pursuant thereto, and to the public interest, and if the Authority has given
notice of the application in accordance with Regulation 32 and has considered any
objections or representations which may have been received on the matter.
91. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set
out in the appropriate Use Zone Tables in Schedule C, shall not be pennitted in that Use
Zone.
TOWN OF ROBERT'S ARM
MINISTER'S REGULATIONS
2010 -2020
Robert's Ann Municipal Plan 2010-2020
Page 1
NEWFOUNDLAND REGULATION 3/01
Development Regulations under the Urban and Rural Planning Act, 2000.
(Filed January 2, 200 I)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. John's, January 2, 200 I.
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1. S\lort title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. j3oard decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. pelegation of powers
19. ~ommencement
Minister's Development Regulations 2001
Robert's Arm Municipal Plan 20 I 0-2020
Pa~2
l. Shorttitle
These regulations may be cited as the Development Regulations.
2. Definitions
In these regulations,
(a)
"Act", unless the context indicate otherwise, means the Urban and Rural Planning
Act, 2000;
(b)
"applicant" means a person who has applied to an authority for an approval or
permit to carry out a development;
(c)
"authority" means a council, authorized administrator or regional authority; and
( d)
"development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
3. Application
(!)
These regulations shall be included in the development regulations of an authdrity
and shall apply to all planning areas.
1
(2)
Where there is a conflict between these regulations and development regulations
or other regulations of an authority, these regulations shall apply.
'
(3)
Where another Act of the province provides a right of appeal to the board, ttlese
regulations shall apply to that appeal.
4. Interpretation
(1)
In development regulations and other regulations made with respect to a planning
area the following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles, pedestrians
or animals in order to go from a street to adjacent or nearby land or to go
from that land to the street;
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, located on
the same lot as the main building to which it is an accessory and
which has a use that is customarily incidental or complementary to
the main use of the building or land,
Minister's Development Regulations 2001
Robert's Arm Municipal Plan 2010-2020
Page 3
(ii)
for residential
uses, domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetables
storage cellars, shelters for domestic pets or radio and television
antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
( c)
"accessory use" means a use that is subsidiary to a permitted or
discretionary use and that is customarily expected to occur with the
permitted or discretionary use;
(d)
"building height" means the vertical distance, measured in metres from the
established grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or
gambrel roof, and in any case, a building height shall not include
mechanical structure, smokestacks, steeples and purely ornamental
structures above a roof;
( e)
"building line" means a line established by an authority that runs parallel
to a street line and is set at the closest point to a street that a building may
be placed;
(f)
"discretionary use" means a use that is listed within the discretionary use
classes established in the use zone tables of an authority"s development
regulations;
(g)
"established grade" means,
(i)
where used in reference to a building, the average elevation of the
finished surface of the ground where it meets the exterior or the
front of that building exclusive of any artificial embankment or
entrenchment, or
(ii)
where used in reference to a structure that is not a building, the
average elevation of the finished grade of the ground immediately
surrounding the structure, exclusive of any artificial embankment
or entrenchment;
(h)
"floor area" means the total area of all floors in a building measured to the
outside face of exterior walls;
(i)
"frontage" means the horizontal distance between side lot lines measured
at the building line;
(j)
"lot" means a plot, tract or parcel ofland which can be considered as a unit
of land for a particular use or building;
Minister's Development Regulations 2001
Robert's Arm Municipal Plan 2010-2020
Page 4
(k)
"lot area" means the total horizontal area within the lines of the lot;
(!)
"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)
"ov.ner" means a person or an organization of persons owning or having
the legal right to use the land under consideration;
( o)
"permitted use" means a use that is listed within the permitted use classes
set out in the use zone tables of an authority"s development regulations;
(p)
"prohibited use" means a usc that is not listed in a use zone within the
permitted use classes or discretionary use classes or a use that an authority
specifies as not permitted within a use zone;
(q)
"sign" means a word, letter, model, placard, board, device or
representation, whether illuminated or not, in the nature of or employed
wholly or in part for the purpose of advertisement, announcement or
direction and excludes those things employed wholly as a memorial,
advertisements of local government, utilities and boarding or similar
structures used for the display of advertisements;
(r)
"rear yard depth" means the distance between the rear lot line and the rear
wall of the main building on a lot;
(s)
"side yard depth" means the distance between the side lot line and the
nearest side wall of a building on the lot;
(t)
"street" means a street, road, highway or other way designed for the
passage of vehicles and pedestrians and which is accessible by fire
department and other emergency vehicles;
(u)
"street line" means the edge of a street reservation as defined by the
authority having jurisdiction;
(v)
"use" means a building or activity situated on a lot or a development
permitted on a lot;
(w)
"use zone" or "zone" means an area of land including buildings and water
designated on the zoning map to which the uses, standards and conditions
of a particular use zone table apply;
(x)
"variance" means a departure, to a maximum of 10% from the yard, area,
lot coverage, setback, size, height, frontage or any other numeric
requirement of the applicable Use Zone Table of the authority"s
regulations; and
Minister's Development Regulations 2001
Robert's Ann Municipal Plan 2010-2020
Page 5
(y)
"zoning map" means the map or maps attached to and forming a part of
the authority"s regulations.
(2)
An authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the authority"s
regulations as discretionary, permitted or prohibited uses for that area.
5. Notice of right to appeal
Where an authority makes a decision that may be appealed under section 42 of the Act,
that authority shall, in writing, at the time of making that decision, notify the person to
whom the decision applies of the
(y)
person"s right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
( c)
right of other interested persons to appeal the decision; and
( d)
manner of making an appeal and the address for the filing of the appeal.
6. Appeal requirements
(1)
The secretary of the board at the Department of Municipal and Provincial Affairs,
Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John"s,
Nfld., AlB 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
(1) or (2) within the 14 days referred to in subsection 42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection 44(3)
of the Act, retain the fee paid to the board.
(5)
Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that
decision shall be considered to have been forfeited.
Minister's Development Regulations 2001
Robert's Ann Municipal Plan 2010-2020
Page 6
7. Appeal registration
(I)
Upon receipt of an appeal and fee as required under the Act and these regulations,
the secretary of the board as referred to in subsections 6(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the
appeal and the documentation related to the appeal.
(3)
Where an authority has been notified of an appeal that authority shall forwaird to
the appropriate board a copy of the application being appealed, all
correspondence, council minutes, plans and other relevant information relating to
the appeal including the names and addresses of the applicant and other interested
persons of whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate authority, a
notice that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
8. Development prohibited
(!)
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 I 02 and I 04 of the Act apply to an authority acting under subsection (I).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, an authority shall not carry out work related to
the matter being appealed.
9. Hearing notice and meetings
(I)
A board shall notify the appellant, applicant, authority and other persons affected
by the subject of an appeal of the date, time and place for the appeal not fewer
than 7 days before the date scheduled for the hearing of the appeal.
(2)
A board may meet as often as is necessary to conduct its work in an expeditious
manner.
Minister's Development Regulations 2001
Robert's Ann Municipal Plan 2010-2020
Page 7
10. Hearing of evidence
(I)
A board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under subsection 9( I) or their representative
may appear before the board and make representations with respect to the matter
being appealed.
(2)
A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be considered to have been provided in the same
manner as evidence directly provided at the hearing of the board.
(4)
In the conduct of an appeal hearing, the board is not bound by the rules of
evidence.
11. Board decision
A decision of the board must comply with the plan, scheme or development regulations
that apply to the matter that has been appealed to that board.
12. Variances
( 1)
Where an approval or pem1it carmot be given by an authority because a proposed
development does not comply with development standards set out in development
regulations, an authority may, in its discretion, vary the applicable development
standards to a maximum of 10% if, in the authority"s opinion, compliance with
the development standards would prejudice the proper development of the land,
building or structure in question or would be contrary to public interest.
(2)
An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
would have a cumulative effect that is greater than a 10% variance even though
the individual variances are separately no more than 10%.
(3)
An authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing
development.
Minister's Development Regulations 2001
Robert's Am1 Municipal Plan 2010-2020
Page 8
13. Notice of variance
Where an authority is to consider a proposed variance, that authority shall give written
notice of the proposed variance from development standards to all persons whose land is
in the immediate vicinity of the land that is the subject of the variance.
14. Residential non conformity
A residential building or structure referred to in paragraph I 08(3 )(g) of the Act must,
where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and
development regulations applicable to that building or structure.
15. Notice and hearings on change of use
Where considering a non conforming building, structure or development under paragraph
l 08(3 )( d) of the Act and before making a decision to vary an existing use of that non-
conforming building, structure or development, an authority, at the applicant" s expense,
shall publish a notice in a newspaper circulating in the area or by other means give public
notice of an application to vary the existing use of a non-conforming building, structure
or development and shall consider any representations or submissions received in
response to that advertisement.
16. Non-conformance with standards
Where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not be
expanded if the expansion would increase the non-conformity and an expansion must
comply with the development standards applicable to that building, structure or
development.
17. Discontinuance of non-conforming use
An authority may make development regulations providing for a greater period of time
than is provided under subsection 108(2) of the Act with respect to the time by which a
discontinued non-conforming use may resume operation.
Minister's Development Regulations 2001
Robert's Arm Municipal Plan 2010-2020
Page 9
18. Delegation of powers
An authority shall, where designating employees to whom a power is to be delegated
under subsection 109(3) of the Act, make that designation in writing.
19. Commencement
These regulations shall be considered to have come into force on January I, 2001.
Minister's Development Regulations 200 I
TOWN OF ROBERT'S ARM
SCHEDULE A
2010 - 2020
Schetlule A
Page 1
DEFINITIONS
means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the
street.
ACCESSORY BUILDING
includes:
(a)
a detached subordinate building not used as a dwelling, located on the
same lot as the main building or use to which it is accessory, and which
has a use which is customarily incidental or complimentary to the main
use of the building or land:
(b)
for residential uses: domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetable
storage cellars, shelters for domestic pets, or radio and television
antennae,
(c)
for commercial uses: workshops, garages, and
(d)
for industrial uses: garages, offices, raised ramps and docks.
ACCESSORY DWELLING UNIT
means a separate dwelling unit constructed within and
subsidiary to the main use. The main use shall not be a single dwelling, double
dwelling, row dwelling, and apartment building.
ACCESSORY USE
means a use that is subsidiary to a permitted or discretionary use and
that is customarily expected to occur with the permitted or discretionary use.
ACT
unless the context indicates otherwise, means the Urban and Rural Planning Act.
AGRICULTURE
means horticulture, fruit growing, grain growing, crop growing, seed
growing, dairy farming, bee keeping, the breeding or keeping of animals for
food, skins, or fur, the use of land, meadow land, market gardens and nursery
grounds and the use of land for woodlands where that use is ancillary to the
farming of the land. Agriculture includes primary processing of onsite products.
AM'1JSEMENT USE
means the use of land or buildings equipped for the playing of
·
electronic, mechanical, or other games and amusements including electronic
games, pinball games and slot machine arcades and billiard and pool halls.
Robert's Arm Municipal Plan 2010-2020
Schedule A
Page2
ANIMAL UNIT
means one of the following animals or groups:
1 Dairy Cow (or calve)
1 Beef Cow (or calve)
1 Bull
1 Horse (or foal)
4 Ewe sheep or lambs
10 Foxes (inc.breed females, male & litter)
10 Mink (inc. breed females, males & litter)
1 Sow (farrow to finish)
or as defined by the Council
2 Sows
1 Hog (operation based on 15-90 kg.)
1 Boars
30 Broiler Chickens (less than 1.5 kg)
20 Layer Hens (less than 2.3 kg)
10 Turkeys
20 Rabbits (doe includes litter)
APARTMENT BUILDING
means a building containing three or more dwelling units, but
does not include a row dwelling or a single dwelling with a subsidiary apartment.
APPLICANT
means a person who has applied to the authority for an approval to carry out a
development.
APEAL BOARD
means the appropriate Appeal Board established under the Act.
ARTERIAL STREET
means the streets in the Planning Area constituting the main traffic
arteries of the area and defined as arterial streets or highways in the
Municipal Plan or on the Zoning Map.
APPROVAL IN PRINCIPLE means that Council when considering a development application
shall evaluate the application to the development requirements within the Town.
If the proposed development meets the development requirements of the Town
an approval in principle maybe given to the application. Final approval and
issuance of a permit to commence development are subject to the agreement
by the applicant to meet specified conditions as outlined by Council.
'
AUTHORITY
means a council, authorized administrator or regional authority.
BACKLOT
means a lot characterized by the location of the residential lot generally at the
rear of another residential lot, or otherwise separated from the public stteet
which provides access, and by a narrower area extending from the rear
residential lot to the public street.
Robert's Arm Municipal Plan 2010-2020
Schetlule A
Page 3
BED AND BREAKFAST
means a detached dwelling occupied by the property owner or
the bed and breakfast host as a primary residence in which overnight
accommodation and a breakfast meal are offered to registered guests for a
fee.
BOARDING HOUSE
means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BUFFER
means a berm, row of trees or shrubs, hedge, fence, or distance separation
that provides a barrier between incompatible sites, uses or districts.
BUILDING
means:
(a)
a structure, erection, excavation, alteration or improvement placed on,
over or under land, or attached, anchored or moored to land; mobile
structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar uses:
(b)
a part of and fixtures on buildings referred to in (a} and (b}, and
(c)
an excavation of land whether or not that excavation is associated with
the intended or actual construction of a building or thing referred to in
subparagraphs (a} to (c).
BUILDING HEIGHT means the vertical distance, measured in metres, from established
grade to the:
!
a)
highest point of the roof surface of a flat roof;
b)
deck line of a mansard roof; and
c)
height level between the eave and ridge of a gable, hip or gambrel roof.
Building Height shall not include mechanical structures, smokestacks, steeples,
and purely ornamental structures above a roof.
BUiLDING LINE
means a line established by the Council that runs parallel to the street
line and is set at the closest point to a street that a building may be placed.
Robert's Ann Municipal Plan 2010-2020
Schedule A
Page4
CHILD CARE FACILITY
means a building or part of a building in which services and
1care
are regularly provided to children or adults, but does not include a school as
defined by the Schools Act.
CORNER LOT SIGHT TRIANGLE
means a corner lot, a fence, sign, hedge, shrub, bush
or tree or any other structure or vegetation shall not be erected or perm;itted
to grow to a height greater than .9 metres (3 ft.) above grade of the streets
that abut the lot within the triangular area included within the street lines for a
distance of 6 metres (19.7 ft.) from their point of intersection.
COUNCIL
means the Municipal Council of the Town of Robert's Arm.
!
DEVELOPMENT
means the carrying out of building, engineering, mining or other
operations in, on, over, or under land, or the making of a material change in the
use, or the intensity of use of land, buildings, or premises and the:
(a)
making of an access onto a highway, road or way,
(b)
erection of an advertisement or sign,
(c)
construction of a building,
(d)
the parking of a trailer, or vehicle used for the sale of refreshments or
merchandise, or as an office, or for living accommodation, and
excludes,
(e)
the carrying out of works for the maintenance, improvement or other
alteration of a building, being works which affect only the interior of the
building or which do not materially affect the external appearance or
use of the building,
(f)
the carrying out by a highway authority of works required for the
maintenance or improvement of a road, being works carried out on
land within the boundaries of the road reservation,
(g)
the carrying out by a local authority or statutory undertaker of works for
the purpose of inspecting, repairing or renewing any sewers, ma\ns,
pipes, cables or other apparatus, including the breaking open of streets
or other land for that purpose,
Robert's Arm Municipal Plan 2010-2020
Schedule A
(h)
Page5
the use of a building or land within the courtyard of a dwelling house
for a purpose incidental to the enjoyment of a dwelling house as a
dwelling.
DEVELOPMENT AGREEMENT
means a written agreement between the municipality
and a developer which establishes particular circumstances and conditions
under which a development may be carried out.
DISCRETIONARY USE
means a use that is listed within the discretionary use classes
established in the use zone tables of the Council's Development Regulations.
DOUBLE DWELLING
means one building containing two dwelling units, placed one above
the other, side by side, or joined by a carport with separate lot areas dedicated
to each unit, but does not include a single dwelling containing a subsidiary
apartment.
DWELLING UNIT
means a self-contained unit consisting of one or more habitable rooms
used or designed as the living quarters for one or more persons.
ENGINEER means an engineer who is a member of the Association of Professional
Engineers and Geoscientists of Newfoundland, employed or retained by the
Council.
ESTABLISHED BUILDING LINE means the average distance from the street line of
existing buildings in any block where more than half the frontage has been
built upon in the past.
ESTABLISHED GRADE
means
a)
where used in reference to a building, the average elevation of the
finished surface of the ground where it meets the exterior of the front of
that building exclusive of any artificial embankment or entrenchment;
b)
where used in reference to a structure that is not a building, the average
elevation of the finished grade of the ground immediately surrounding the
structure, exclusive of any artificial embankment or entrenchment.
Robert's Arm Municipal Plan 2010-2020
Schedule A
Page&
FAMILY CHILD CARE USE
means a building or part of a building in which services and
activities are regularly provided for up to six (6) children as defined in the Child
Care Services Act, but do not include a school as defined by the Schools Act.
FLOODWAY means the inner portion of a flood risk area where the risk of flood is greatest,
on average once in twenty years and where the flood depths and water
velocities are greatest.
FLOODWA Y FRINGE means the outer portion of a flood risk area, between the floodway
and the outer boundary of the flood risk area, where the risk of flooding is
lower, on average once in one hundred years, and flood waters are shall9wer
and slower.
FLOOD PROOFING means structural and/or non-structural measures incorporated in the
design of a building or structure which reduce or eliminate the risk of flood
damage by ensuring that the ground floor elevation is higher than , the
projected flood level and that the building can be exited without hindrance in
the event of a flood.
FLOOR AREA
means the total area of all floors of a building measured to the outside
face of exterior walls.
FORESTRY means the use of land for the purpose of forest and woodland management
including the felling, cutting, trimming and thinning of forest or woodland for' the
extraction of timber, and includes reforestation, afforestation and silviculture.
FRONTAGE means the horizontal distance between side lot lines measured at the building
line.
FRONT YARD DEPTH
means the distance between the front lot line of a lot and the front
wall of the main building on the lot.
GENERAL GARAGE
means land or buildings used for the repair, maintenance and
storage of motor vehicles and may include the sale of petroleum products.
Robert's Arm Municipal Plan 2010-2020
Schedule A
Page7
GENERAL INDUSTRY
means the use of land or buildings for the purpose of storing,
assembling,
altering,
repairing,
manufacturing,
fabricating,
preparing,
processing, testing, salvaging, breaking up, demolishing, or treating any article,
commodity or substance, and "Industry" shall be construed accordingly.
GROUP CHILD CARE USE
means a building or part of a building in which services and
activities are regularly provided for seven (7) or more children as defined in the
Child Care Services Act, but do not include a school as defined by the Schools
Act. .
GROUP HOME means a dwelling unit accommodating not more than 6 persons, exclusive of
staff, in a home-like setting where staff provide care and supervision. This
definition includes, but is not limited to, the facilities called "Transition House"
and "Foster Home''.
HAZARDOUS INDUSTRY
means the use of land or buildings for industrial purposes
involving the use of materials or processes, which because of their inherent
characteristics constitute a special fire, explosion, radiation or other hazard.
HOME OCCUPATION
means a secondary use of a dwelling unit or its accessory
building by at least one of the residents of such dwelling unit to conduct a gainful
occupation or business activity, and subsidiary to a residential use. Also referred
to as a "Home based Business", and classified as an "Office" use.
HOME OFFICE
means a secondary use of a dwelling unit by at least one of the residents
of such dwelling unit to conduct a gainful occupation or business activity with
such occupation or business activity being restricted to office uses which do not
involve visitation by clients, customers, or the general public to the site, nor the
employment of non-residents, and subsidiary to a residential use. Also referred
to as a "Home Based Business", and classified as an "Office" use.
HOSPITALITY HOME
means a dwelling unit in which at least 1 room is regularly rented,
and includes the uses commonly referred to as "Bed and Breakfast", and
"Boarding House''.
INSPECTOR means a person appointed as an inspector by the Council.
Robert's Arm Municipal Plan 2010-2020
Schedule A
P~ge8
LAND
includes land covered by water, and buildings and structures on, over, or und~r the
soil and fixtures that form part of those buildings and structures.
LANDSCAPING means the development of land by altering the topography and ground cover
and may include the use of turf, plants, shrubs, trees, retaining walls and fences.
LIGHT INDUSTRY
means the use of land or buildings for industrial use that can be carried
out without hazard or intrusion and without detriment to the amenity of the
surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot,
ash, dust, glare or appearance.
LIVESTOCK OPERATION means a livestock operation of agricultural animals confined in
one location which consists of 5 or more animal units at a given point in time.
LOCAL STREET
means a street designed primarily to provide access to adjoining land
and which is not designated as a collector street or arterial street in the
Municipal Plan, or on the Zoning Map.
LOT
means a plot, tract or parcel of land that can be considered as a unit of land for a
particular use or building.
LOT AREA
means the total horizontal area within the lines of a lot.
LOT COVERAGE
means the combined area of all buildings on a lot measured at the level
of the lowest floor above the established grade and expressed as a percentage
of the total area of the lot.
MINERAL WORKING
means land or buildings used for the working, stockpiling or
extraction of rock, mineral, peat or aggregate material, and will include a
"quarry".
MINI HOME
means a factory produced single dwelling complying with the National
Building Code and having the appearance of a mobile home.
Robert's Ann Municipal Plan 2010-2020
Schedule A
Page 9
MINISTER
shall mean the Minister of Municipal Affairs, unless otheiwise specified.
MOBILE HOME
means a transportable factory-built single family dwelling unit, which
complies with space standards substantially equal to those laid down in Part IX
of the National Building Code of Canada and is in accordance with the
construction standards laid down by the Canadian Standards Association and
all other applicable provincial and municipal regulations, and
which is designed to be transported on its own wheels and chassis to a lot, and
subsequently supported on its own wheels, jacks, or posts or 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.
MUNICIPAL PLAN means a plan adopted by the Council as a Municipal Plan pursuant to
the Urban and Rural Planning Act.
NON-CONFORMING USE means a legally existing use that is not listed as a permitted use
or discretionary use for the use zone in which it is located or which does not
meet the development standards for that use zone.
OWNER
means a person or an organization or persons owning or having legal right to
use the land under consideration.
PERMITTED USE
means a use that is listed within the permitted use classes set out in the
use zone tables of these Development Regulations.
PLANNING AREA
means a regional planning area and a municipal planning area
established under section 6 and 11 of the Act. For the purpose and context of
these regulations, the Planning Area shall mean the area within the municipal
boundaries of the Town of Paradise.
PROHIBITED USE
means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that Council specifies as not
permitted within a use zone.
Robert's Arm Municipal Plan 2010-2020
Schedule A
Page 10
REAR YARD DEPTH
means the mean distance between the rear lot line and the rear
of the main building on the lot.
RESTAURANT
means a building or part of a building, licensed for the purpose of serving
meals and includes a "Snack Bar''.
ROW DWELLING
means three or more dwelling units at ground level in one building, each
unit separated vertically from the others;
SERVICE STATION means a building, including gas pumps, used for the sale of petroleum
products, and may include general merchandise, minor automotive repairs, and
washing of vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the
purpose of limiting direct access lo that street.
SHOP
means a building or part thereof used for retail trade wherein the primary
purpose is the selling or offering for sale of goods, wares or merchandise by
retail or the selling or offering for sale of retail services but does not include
an establishment wherein the primary purpose is the serving of meals or
refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE
means a group of retail stores with integrated parking which is
planned, developed and designed as a unit containing a minimum of 5 retail
establishments.
SHOWROOM
means a building or part of a building in which samples or patterns are
displayed and in which orders may be taken for goods, wares or merchandise,
including vehicles and equipment, for later delivery.
SIDEYARD WIDTH
means the distance between a side lot line and the nearest side wall of
a building on the lot.
SIGN
means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose
of advertisement, announcement, or direction and excludes those things
employed wholly as a memorial, advertisements or local government, utilities
Robert's Arm Municipal Plan 2010-2020
Schedule A
Page 11
and boarding or similar structures used for the display of advertisements.
SINGLE DWELLING means one building containing a single dwelling unit for the use of one
family, placed on its own lot, and can include a subsidiary apartment.
STREET
means a street, road, highway or other way designed for the passage of
vehicles and pedestrians, and which is accessible by fire department and other
emergency vehicles.
STREET LINE
means the edge of the right of way of a street reservation as defined by the
authority having jurisdiction.
SUBDIVISION
means the dividing of land, whether in single or joint ownership, into 2 or
more pieces (including lots), for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a single dwelling.
TAKE-OUT FOOD
means a building in which the primary purpose is the preparation and
sale of meals and refreshments for consumption off the premises.
USE
means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE means an area of land including buildings and water designated on the
zoning map to which the uses, standards and conditions of a particular use
zone table apply.
VARIANCE
means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage, or any other numeric requirement of the
applicable use zone table of the Council's regulations.
ZONING MAP
means the map or maps attached to and forming part of the Council's
Regulations.
Robert's Ann Municipal Plan 2010-2020
TOWN OF ROBERT'S ARM
SCHEDULE B
2010-2020
Robert's Ann Municipal Plan 2010-2020
Page I
SCHEDULED
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
I. Assembly Uses for the
(a) Theatre
Motion Picture Theatres
USES
production and viewing of
T.V. Studios admitting an
the oerforming arts.
audience.
2. General Assembly Uses
(a) Cultural and
Libraries
Civic
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(b) General
Community Halls
Assembly
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowling Allevs
(c) Educational
Schools
Colleges (non· residential)
(d) Place of
Churches and similar places of
Worship
worship.
Church Halls
( e) Passenger
Passenger Terminals
Assemblv
(f) Club and
Private Clubs and
Lodge
Lodges (non-residential)
(g) Catering
Restaurants
Bars
Lounges
(h) Funeral Home
Funeral Homes and Chapels
(i) Child Care
Dav Care Centres
(j) Amusement
Electronic Games Arcades
Pinball Parlours
Poolrooms
Robert's Ann Municipal Plan 2010-2020
Page 2
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
3. Arena-type Uses
(a) Indoor
Arenas
USES
Assembly
Annouries
(continued)
Ice Rinks
Indoor Swimming Pools
4. Open-air Assembly Uses
(a) Outdoor
Bleachers
Assembly
Grandstands
Outdoor Ice Rinks
and Swimming Pools
Amusement Parks and Fair-
grounds
Exhibition Grounds
Drive-in Theatres
B. INSTITUTIONAL
I. Penal and Correctional
(a) Penal and
Jails
USES
Institutional Uses
Correctional
Penitentiaries
Detention
Police Stations (with detention
quarters)
Prisons
Psychiatric Hospitals (with
detention quarters)
Refonnatories
2. Special Care
(a) Medical
Children's Homes
Institutional Uses
Treatment
Convalescent Homes
and Special
Homes for Aged
Care
Hospitals
Infinnaries
Orphanages
Psychiatric
Hospitals
Sanatoria
C. RESIDENTIAL
I. Residential
(a) Single
Single Detached Dwellings
USES
Dwelling
Dwelling
Family & Group Homes
Uses
(b) Double
Semi-detached Dwelling
Dwelling
Duplex Dwellings
Familv & Grouo Homes
(c) Row
Row Houses
Dwelling
Town Houses
Familv & Grouo Homes
(d) Apartment
Apartments
Building
Family & Group Homes
Robert's Ann Municipal Plan 2010-2020
Page 3
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDENTIAL
2. General Residential Uses
(a) Collective
Residential
USES
(continued)
Residential
Colleges & Schools
(continued)
University & College Halls
of Residence
Convents & Monasteries
Nurses and Hosnital Residences
(b) Boarding
Boarding Houses
House
Lodging Houses
Residential
( c) Commercial
Hotels & Motels
Residential
Hostels
Residential Clubs
( d) Seasonal
Summer Homes & Cabins
Residential
Hunting & Fishing Cabins
( e) Mobile Homes
Mobile Homes
D. BUSINESS
I. Business, Professional, and
(a) Office
Offices (including
& PERSONAL
Personal Service Uses
Government Offices)
SERVICE
Banks
USES
(b) Medical &
Medical Offices
Professional
and Consulting Rooms
Dental Offices & Surgeries
Legal Offices
Similar Professional Offices
(c) Personal
Barbers
Service
Hairdressers
Beauty Parlours
Small Annliance Repairs
(d) General
Self-service Laundries
Service
Dry Cleaners (not using
flammable or explosive
substances)
Small Tool and Appliance
Rentals
Travel Agents
Robert's Ann Municipal Plan 20 I 0·2020
Page4
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
I. Business,
( e) Communica·
Radio Stations
PERSONAL
Professional
lions
Telenhone Exchanoes
SERVICE
& Personal
Police Stations
USES
Service Uses
(t) Police
(continued)
(continued)
Station
without detention quarters
1 "' Taxi Stand
Taxi Stands
(h) Take-out
Take-out Food
Food Service
Service
Ii) Veterinarv
Veterinarv Surrreries
E. MERCANTILE
l . Retail Sale and
(a) Shopping
Shopping Centres
USES
Display Uses
Centre
(b) Shop
Retail Shops, Stores and
Showrooms
Deoartrnent Stores
( c) Indoor Market
Market Halls
Auction Halls
(d) Outdoor
Market Grounds
Market
Animal Markets
Produce and Fruit Stands
Fish Stalls
( e) Convenience
Confecti onary Stores
Store
Corner Stores
Gill Shops
Specialty Shops
Coffee Shoos
F. INDUSTRIAL
I. Industrial uses involving
(a) Hazardous
Bull< Storage of hazardous
USES
highly combustible and
Industry
liquids and substances.
hazardous substances and
Chemical Plants
processes.
Distilleries
Feed Mills
Lacquer, Mattress, Paint, Varnish,
and
.
Rubber Factories
Surav Paintin~
Robert's Arm Municipal Plan 2010-2020
Page 5
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
2. General Industrial Uses
(a) General
Factories
USES
involving Limited
Industry
Cold Storage Plants
(continued)
Hazardous Substances and
Freight Depots
Processes.
General Garages
Warehouses
Workshops
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
(b) Service
Gasoline Service Stations
Station
Gas Bars
3. Light, Non-hazardous or
(a) Light
Light Industry
Non-intrusive Industrial Uses.
Industry
Parking Garages
Indoor Storage
Warehouses
Workshops
G. NON-BUILDING
1. Uses not directly related to
(a) Agriculture
Commercial Farms
USES
building.
Hobby Fanns
Market Gardens & Nurseries
(b) Forestry
Tree Nurseries
Silviculture
(c) Mineral
Quarries
Working
Pits
Mines
Oil Wells
( d) Recreational
Playing Fields
Open Space
Sports Grounds
Parks
Plavcrounds
( e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural, Historical and
Scenic Sites
Steep Slopes
Wildlife Sanctuaries
( f) Cemetery
Cemeteries
Graveyards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrao Dealers
Robert's Arm Municipal Plan 20 I 0-2020
Page 6
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G. NON-BUILDING
J _ Uses not directly related to
(h) Solid Waste
Solid Waste Disposal
USES
building.
Sanitary Land Fill
(continued)
Incinerators
(i) Animal
Animal Pounds
Kennels
Zoos
U) Antenna
TV, Radio and Communications
Transmitting, Receiving Masts and
Antennae
(k) Transportation
Airfields
Rail way Yards
Docks and Harbours
TOWN OF ROBERT'S ARM
SCHEDULE C
2010 - 2020
TOWN OF ROBERT'S ARM
SCHEDULE "C"
USE ZONE TABLES
NOTE:
This schedule contains tables showing the use classes which may
be permitted or which may be treated as discretionary use classes
for the purpose of these Regulations. The tables also indicate the
required standards of development and may also include conditions
affecting some or all of the use classes.
The schedule contains tables for the following Use Zones:
Land Use Zone
Abbreviation
Page
Residential
RES
1
Mixed Development
MD
7 --
Commercial
COMM
14
Industrial General
IG
17
-
Industrial Marine
IM
20
Public Buildinos
PB
24
Conservation
CON
27
Recreation
REC
29
Cemetery
CEM
31
Watershed
WAT
32
Rural
RUR
34
Robert's Arm Development Regulations, Schedule C
Page 1
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL (RES)
PERMITTED USES CLASSES$ - see Regulation 90.
Single dwelling and recreational open space.
DISCRETIONARY USE CLASSES ·(see Regulations 22 and 90)
Double dwelling; row dwelling; place of worship; convenience store; catering, child care; home office,
medical and professional; personal service; boarding house residential (bed and breakfast); special
care institutional uses (see conditjon); and antenna.
Single
Double
Row
STANDARDS
Dwellina
Dwellina
Dwellina
Minimum Lot Area (m2)
450
390 per
270per
dwelling unit
dwellina unit
Minimum Corner Lot Area (m')
630
Minimum Frontage (m)
20
15
12 per
dwellina unit
Minimum Building Line Set Back (m)
8
8
8
... -
Maximum Buildina Line Set Back Im)
15
15
15
Minimum Side Yard (ml
1
3
3
Minimum Flankino Road Side Yard (m)
6
6
8
Minimum Rear Yard (m)
9
9
9
Maximum Lot Coveraae (%)
33
33
33
Maximum Height Im\
9
9
9
Minimum Floor Area Im")
80
80
65
CONDITIONS FOR RESIDENTIAL LAND USE ZONE
1.
Subsidiary Apartments
Subsidiary apartments may be permitted in a self-contained dwelling, subject to
the following conditions:
(a) The floor area of the subsidiary apartment shall not exceed fifty percent
(50%) of the total floor area of the self-contained dwelling, or eighty (80)
square meters, whichever is less.
(b) No second entrance shall be permitted in the front wall of the self-
contained dwelling. External entrances to the subsidiary apartment shall
be restricted to the side or rear yards.
(c) The number of additional off-street parking spaces required shall be
determined by Council.
·-
Robert's Arm Development Regulations, Schedule C
Page 2
2.
Discretionary Uses Classes
The discretionary use classes listed in this table may be permitted at th13
discretion of Council provided that they are compatible or complementary
to uses within the permitted use classes or that their development will not
inhibit or prejudice the existence or the development of such uses.
3.
Dwelling Frontage
The front wall of a dwelling shall be parallel to the street on which it is
fronting and has a civic number.
4.
Special Care Institutional Uses
(a)
Special Care Institutional Uses shall only be permitted at the
discretion of Council.
(b)
Special Care Institutional Uses shall be limited to apartment style
residence for seniors and homes for the aged.
(c)
One off street parking space shall be provided for every four (4)
dwelling units.
5.
Accessory Buildings
(a)
(b)
Accessory buildings shall have a combined maximum lot coverage
not exceeding 7%, up to a maximum floor area of 56 m2, whichever
is less.
Accessory buildings shall be located a minimum of 3
metres from the nearest part of the main building and a minimum of
1 metre from a side and rear lot line.
The maximum height of an accessory building shall be 4 metres.
6.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or
site occupied by a permitted use or a legal non-conforming use shall be as
follows:
Robert's Arm Development Regulations, Schedule C
Page 3
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of Council, having regard to
the safety and convenience of users of adjacent streets and
sidewalks, and the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up
Portable Signs") will not be allowed in the residential area.
7.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a
specific land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the
name and nature of the distance or direction to, the premises to
which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up
Portable Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be
to the satisfaction of Council, having regard to the grade and align-
ment of streets, the location of street junctions and nearby
buildings, and amenities of the surrounding area.
8.
Place of Worship
Where permitted, a place of worship shall conform to the frontage, building
line setback, sideyard, rearyard, lot coverage and height requirements
specified for a single dwelling.
9.
Convenience Store
Convenience stores will only be permitted as a discretionary use under the
following conditions:
Robert's Arm Development Regulations, Schedule C
Page 4
(a)
Convenience Store may form part of the residential dwelling or be a
stand alone building.
(b)
The retail use shall be subsidiary to the residential character of the
area, and shall not affect residential amenities of adjoining
properties.
(c)
Adequate provision for on site parking, loading, buffering and
landscaping.
10.
Home Businesses - Office, Medical and Professional Service, and
Personal Service Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling
consisting of an occupation or profession which generates revenue for the
resident.
Office, medical and professional service, and personal service uses may be
permitted provided they are carried out as home occupations, businesses
operated in the dwelling, or in a building subsidiary to the dwelling on the same
lot, by the occupants of the dwelling, and meet the following requirements.
(a)
Office uses shall be limited to small business services and professional
offices;
(b)
The use is clearly subsidiary to the residential use, does not alter the
residential character of the dwelling unit, and does not detract from the
residential character of the neighbourhood.
(c)
No wholesale sales or storage of goods is carried out, any retail sales
are incidental and subsidiary to the approved use, no repairs to vehicles
or heavy equipment are carried out.
(d)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust, fumes, or inconvenience to occupants of
adjoining residences.
(e)
Activities associated with the use shall be carried on inside the dwelling
or in a building separate from the dwelling.
(f)
One building only, separate from the dwelling, may be used in
connection with a service use and shall conform to the Accessory
Buildings condition height and floor area limit for this zone; child care use
shall be carried out in the dwelling unit or be attached to the dwelling
unit.
(g)
Except for child care, no more than 30% of the total floor area of the
dwelling is devoted to the use.
(h)
The use shall not generate traffic, parking, sewage or water use in
excess of what is normal in the residential area.
Robert's Arm Development Regulations, Schedule C
Page 5
(i)
Activities associated with the use are not hazardous and do not cause a
noticeable increase in noise, odour, dust or fumes, nor cause electrical
interference or in any other way result in a nuisance to the occupants of
surrounding residences.
0)
The residential lot has sufficient area to accommodate the parking
requirements of the dwelling unit and the home occupation.
(k)
No regular parking of commercial vehicles except for one vehicle with a
gross weight of no greater than one tonne will be permitted on the lot or
on the road reservation adjacent to the lot.
11.
Child Care
A day care or day nursery shall be subject to the following conditions:
(a)
The operation is in accordance with all applicable provincial laws and
regulations.
(b)
A limit of only one day care or day nursery shall be permitted on any
street.
(c)
The use shall not occupy more than 70 m2 or 40% of the floor area,
whichever is less.
(d)
Provision for off-street parking shall be required as per Schedule D of
these Regulations.
(e)
The drop-off and pick-up of children will not interfere with the free flow of
vehicular traffic.
(f)
The use is not located adjacent to or near hazardous, dangerous, or
incompatible uses. These include, but are not limited to, heavy industrial
uses, service stations, garages, taverns, night clubs, and amusement
uses.
12.
Boarding House Residential (Bed and Breakfast)
A boarding or lodging house is permitted in any dwelling that can adequately
accommodate the specified number of persons. The total number of boarders
or lodgers shall not exceed (5) persons.
A "bed and breakfast" use in a dwelling may be permitted as a discretionary use
to provide room and board for tourists or the travelling public, under the
following conditions:
Robert's Arm Development Regulations, Schedule C
Page6
(a)
the use does not detract from the residential character of the neigh-
bourhood;
(b)
the use is carried out by a residenUowner of the dwelling unit;
(c)
the dwelling in which the Bed and Breakfast use is carried out is similar
in exterior finish, design, height, and scale to a private residential
dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or
hedge;
(f)
the maximum number of guest rooms shall be five (5), and
(g)
the establishment shall be licensed under the Tourist Establishment
Regulations, as amended from time to time.
13.
Catering
Catering uses shall be permitted as a discretionary use within the Residential
land use zone and shall be subject to the following conditions:
(a)
Catering uses shall be a minor use and be located within the permitted
use building;
(b)
Catering uses shall be limited to small restaurant and coffee shops;
(c)
Provision for off-street parking shall be required as per Schedule D of
these Regulations; and
(d)
The development and operation of the catering use shall be as specified
by Council and subject to the conditions as outlined in the Development
Permit issued by Council.
14.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services.
Development
of marine or water related uses such as wharfs, slipways, boathouse, etc. may
be permitted. All development occurring within these limits is subject to the
approval of Council and the Department of Environment and Conservation.
Robert's Arm Development Regulations, Schedule C
Page 7
USE ZONE TABLE
ZONE TITLE
MIXED DEVELOPMENT (MD)
PERMITTED USE CLASSES - (see Regulation 89)
single dwellings, double dwellings, boarding house residential, recreation, catering (restaurant and
take-out food service), medical & professional, shops, convenience stores, places of worship, personal
and aeneral services, liaht industrv. and conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Row dwelling, cultural and civic, general assembly, passenger assembly, club and lodge, catering
(lounges), funeral home, child care, indoor assembly, office, personal service, general service,
commercial residential, taxi stand, service station, medical treatment and special care (home for the
aaed onlvl, and antenna.
CONDITIONS FOR MIXED DEVELOPMENT LAND USE ZONE
1.
Development Standards
The non-residential development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
(b) Minimum sideyards
(c) Minimum Rearyard
(d) Maximum Height
(e) Minimum Floor Area
(f) Minimum Frontage
(g) Minimum Lot Size
4 metres-
5 metres
10 metres
15 metres
56 m2
20 metres
650 m2
* Residential development shall conform to the standards of the Residential Land Use
Zone.
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Page8
2.
Accessory Buildings for Residential Use
(a) Accessory buildings shall have a combined maximum lot coverage not
exceeding 7%, up to a maximum floor area of 56 m2, whichever is less.
Accessory buildings shall be located a minimum of 3 metres from the
nearest part of the main building and a minimum of 1 metre from a side
and rear lot line.
(b) The maximum height of an accessory building shall be 4 metres.
3.
Dwelling Frontage
The front wall of a dwelling shall be parallel to the street on which it is fronting
and has a civic number.
4.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council, provided that they are complementary to permitted uses
and will not inhibit or prejudice the existence or development of permitted uses.
5.
Buffer for Residential Uses
Where a non-residential use abuts a residential use, Council may require a
screen or barrier such as a fence, landscaped embankment, or trees to be
erected on the non-residential site along the lot lines, consistent with the
visibility requirements for traffic safety. Alternatively, Council may increase the
sideyard and rearyard requirements on the non-residential site to provide
additional separation from the abutting residential use.
6.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
Robert's Arm Development Regulations, Schedule C
Page 9
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of Council, having regard to the
safety and convenience of users of adjacent streets and sidewalks, and
the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1. 5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
7.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions and nearby buildings, and
amenities of the surrounding area.
8.
Home Businesses - Office, Medical and Professional Service, Personal
Service, Child Care and Light Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling
consisting of an occupation or profession which generates revenue for the
resident.
Office, medical and professional service, personal service, and light industry
uses may be permitted provided they are carried out as home occupations,
businesses operated in the dwelling, or in a building subsidiary to the dwelling
on the same lot, by the occupants of the dwelling, and meet the following
requirements.
Robert's Arm Development Regulations, Schedule C
Page 10
(a)
Office uses shall be limited to small business services and professional
offices;
(b)
Light Industry uses shall be limited to fabrication for the production of
handmade articles such as clothing, arts and crafts objects, and
workshops;
(c)
The use is clearly subsidiary to the residential use, does not alter the
residential character of the dwelling unit, and does not detract from the
residential character of the neighbourhood.
(d)
No wholesale sales or storage of goods is carried out, any retail sales
are incidental and subsidiary to the approved use, no repairs to vehicles
or heavy equipment are carried out.
(e)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust, fumes, or inconvenience to occupants of
adjoining residences.
(f)
Activities associated with the use shall be carried on inside the dwelling
or in a building separate from the dwelling.
(g)
One building only, separate from the dwelling, may be used in
connection with a light industrial use and service use and shall conform
to the Accessory Buildings condition height and floor area limit for this
zone; child care use shall be carried out in the dwelling unit or be
attached to the dwelling unit.
(h)
Except for child care, no more than 30% of the total floor area of the
dwelling is devoted to the use.
(i)
The use shall not generate traffic, parking, sewage or water use in
excess of what is normal in the residential area.
Q)
Activities associated with the use are not hazardous and do not cause a
noticeable increase in noise, odour, dust or fumes, nor cause electrical
interference or in any other way result in a nuisance to the occupants of
surrounding residences.
(k)
The residential lot has sufficient area to accommodate the parking
requirements of the dwelling unit and the home occupation.
(I)
No regular parking of commercial vehicles except for one vehicle with a
gross weight of no greater than one tonne will be permitted on the lot or
on the road reservation adjacent to the lot.
9.
Place of Worship
Where permitted, a place of worship use shall conform to the frontage, building
line setback, sideyard, rearyard, lot coverage and height requirements specified
for a single dwelling.
Robert's Arm Development Regulations, Schedule C
Page 11
10.
Convenience Store
Convenience stores will only be permitted as a discretionary use under the
following conditions:
(a)
Convenience Store may form part of the residential dwelling or be a
stand alone building.
(b)
The retail use shall be subsidiary to the residential character of the area,
and shall not affect residential amenities of adjoining properties.
(c)
Adequate provision for on site parking,
loading, buffering and
landscaping.
11.
Child Care
A day care or day nursery (i.e.: a child care operation in which services are
regularly provided to seven or more children), is subject to the following
conditions:
(a)
The operation is in accordance with all applicable provincial laws and
regulations.
(b)
A limit of one day care or day nursery will be permitted on any street.
(c)
The use will not occupy more than 70 m2 or 40% of the floor area,
whichever is less.
(d)
Provision for off-street parking will be required as per the off-street
parking requirements of these Regulations.
(e)
The drop-off and pick-up of children will not interfere with the free flow of
vehicular traffic.
(f)
The use is not located adjacent to or near hazardous, dangerous, or
incompatible uses. These include, but are not limited to, heavy industrial
uses, service stations, garages, taverns, night clubs, and amusement
uses.
(g)
The use is not located adjacent to or near hazardous, dangerous, or
incompatible uses. These include, but are not limited to, heavy industrial
uses, service stations, garages, taverns, night clubs, and amusement
uses;
Robert's Arm Development Regulations, Schedule C
Page 12
12.
Boarding House Residential
A boarding or lodging house is permitted in any dwelling that can adequately
accommodate the specified number of persons. The total number of boarders
or lodgers shall not exceed (5) persons.
A "bed and breakfast" use in a dwelling may be permitted as a discretionary use
to provide room and board for tourists or the travelling public, under the
following conditions:
(a)
the use does not detract from the residential character of the neigh-
bourhood;
(b)
the use is carried out by a residenUowner of the dwelling unit;
(c)
the dwelling in which the Bed and Breakfast use is carried out is similar
in exterior finish, design, height, and scale to a private residential
dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or
hedge;
(f)
the maximum number of guest rooms shall be five (5), and
(g)
the establishment is
licensed
under the Tourist Establishment
Regulations, 1994, as amended from time to time.
13.
Outdoor Storage
Outdoor storage shall not be permitted in frontyards. It may be permitted in
sideyards and rearyards.
Council may require fencing or other forms of
screening to prevent an unsightly appearance.
14.
General and Light Industrial Uses
General industrial uses shall be small scale light industrial uses such as small
workshops and warehouses, and autobody repair shops shall be permitted
provided that;
(a)
The use shall constitute entirely or partly the livelihood of a person living
in the specified dwelling;
Robert's Arm Development Regulations, Schedule C
Page 13
(b)
Activities associated with the use shall be carried on in building separate
from the residential dwelling;
(c)
One building only, separate from the dwelling, and located in the rear or
side yard a minimum of 2 m from any lot line, and having a maximum
floor area of 75 m- and a height of no more than 6 m, may be used in
connection with the general or light industrial use;
(d)
Activities associated with the use are not hazardous and do not create a
nuisance by reason of noticeable noise, odour, dust or flames, or result
in electrical interference;
(e)
Retail sales are incidental and subsidiary to the approved use and there
is no outdoor storage of equipment or materials.
(f)
No change is made in the type, class or extent of the use without a
permit.
(g)
Adequate on-site parking, loading, buffering and landscaping is provided.
15.
Service Station
A Service Station may be permitted only in the form of pump islands to
dispense motor vehicle fuel and only in conjunction with a Convenience Store
on the same site.
16.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services.
Development
of marine or water related uses such as wharfs, slipways, boathouse, etc. may
be permitted. All development occurring within these limits is subject to the
approval of Council and the Department of Environment and Conservation.
Robert's Arm Development Regulations, Schedule C
Page 14
USE ZONE TABLE
ZONE TITLE
COMMERCIAL CCOMMl
PERMITTED USE CLASSES - (see Regulation 89)
Catering, child care, commercial residential, office, medical and professional, personal service,
shoo, and convenience store.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Clubs and lodges, amusement, indoor assembly, taxi stand, funeral home, indoor market, office,
general
services,
veterinary,
light
industry,
take-out
food
service,
outdoor
market,
communications, general industry, passenger assembly, service station, cultural and civic,
outdoor assembly, veterinary, olace of worship, antenna, and recreation ooen space.
CONDITIONS FOR COMMERCIAL LAND USE ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
4 metres
(b) Minimum Sideyard Width
5 metres
(except where buildings are built with adjoining party walls)
(c) Minimum Rearyard Depth
10 metres
(d) Maximum Height
15 metres
2.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of Council, having regard to the
safety and convenience of users of adjacent streets and sidewalks, and
the general amenities of the surrounding area.
Robert's Arm Development Regulations, Schedule C
Page 15
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
3.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
Free standing portable illuminated signs ("yellow" or ''Light Up Portable
Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions and nearby buildings, and
amenities of the surrounding area.
4.
General Industry
Council may consider a general industry use within this Land Use Zone such
that the proposed use is associated with an existing commercial or industrial
property.
General industry uses shall be considered on a discretionary basis and shall be
limited to general garages and small scale warehouses.
5.
Catering
Catering uses such as restaurants, lounges or take-out food service shall be
permitted provided that these uses do not have negative impacts on
Robert's Arm Development Regulations, Schedule C
Page 16
surrounding land uses. Council shall take into consideration any concerns
identified by adjoining property owners in it decision to approve such
discretionary uses.
6.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services.
Development
of marine or water related uses such as wharfs, slipways, boathouse, etc. may
be permitted. All development occurring within these limits is subject to the
approval of Council and the Department of Environment and Conservation.
Robert's Arm Development Regulations, Schedule C
Page 17
1.
USE ZONE TABLE
ZONE TITLE
INDUSTRIAL GENERAL (IG)
PERMITTED USE CLASSES - (see Regulation 89)
General lndustrv, lioht industrv and hazardous industrv.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Scrap yard.
CONDITIONS FOR INDUSTRIAL GENERAL LAND USE ZONE
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
(b) Minimum Sideyards
(c) Minimum Rearyard
(d) Maximum Height
(e) Minimum Lot Area
(f) Minimum Frontage
(g) Minimum Access Width
metres
20 metres
10 metres
10 metres
14 metres
1860 m2
20 metres
7.5
2.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of Council, having regard to the
safety and convenience of users of adjacent streets and sidewalks, and
Robert's Arm Development Regulations, Schedule C
Page 18
the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
3.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions and nearby buildings, and
amenities of the surrounding area.
4.
Services
On site well and septic services for this land use zone shall be in accordance
with and approval of the Government Service Centre.
5.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
Robert's Arm Development Regulations, Schedule C
Page 19
6.
Hazardous Industry
Hazardous Industry uses shall be limited to auto body repair and spray painting
activities.
7.
Subsidiary Uses
Any commercial activity in an Industrial area shall be subsidiary to an industrial
activity.
8.
Outdoor Storage
Outdoor storage shall not be permitted in front yards, but may be permitted in
side yards and rear yards.
Council may require fencing or other forms of
screening or buffers to prevent an unsightly appearance.
9.
Storage of Flammable Liquids
All uses and structures for the bulk storage of flammable liquids shall conform
to the requirements of the Provincial Fire Commissioner and shall be
surrounded by such buffers and landscaping as Council may require to prevent
damage to adjacent uses by fire, explosion, or spills of flammable liquid.
10.
Buffer for Residential Uses
Where an industrial development abuts a residential use or proposed
residential area or is separated from it by a road only, the developer shall
provide a buffer strip not less than 10 metres wide between any residential
activity or area and the industrial use. The buffer shall include a natural or
structural barrier, as deemed necessary by Council, and shall be maintained by
the owner or occupier to the satisfaction of Council.
Robert's Arm Development Regulations, Schedule C
Page 20
USE ZONE TABLE
ZONE TITLE
INDUSTRIAL MARINE (IM)
PERMITTED USE CLASSES - (see Regulation 89)
General Industry; light industry and educational uses (see condition).
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Passenger assembly, service station, all use classes in the professional and personal service
uses group, shop, recreational open space, antenna.
CONDITIONS FOR INDUSTRIAL MARINE LAND USE ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
(a)
Minimum Building Line Setback
10 metres
(b)
Minimum Sideyards
5 metres
(c)
Minimum Rearyard
15 metres
(d)
Maximum Height
15 metres
2.
Services
Industrial development shall not be permitted in this zone unless adequate
municipal services and fire fighting capability are available to meet the needs of
the particular industrial use.
3.
Outdoor Storage
Outdoor storage shall not be permitted in front yards, but may be permitted in
side yards and rear yards.
Council may require fencing or other forms of
screening or buffers to prevent an unsightly appearance.
Robert's Arm Development Regulations, Schedule C
Page 21
4.
Storage of Flammable Liquids
All uses and structures for the bulk storage of flammable liquids shall conform
to the requirements of the Provincial Fire Commissioner and shall be
surrounded by such buffers and landscaping as Council may require to prevent
damage to adjacent uses by fire, explosion, or spills offlammable liquid.
5.
Buffer for Residential Uses
Where an industrial development abuts a residential use or proposed
residential area or is separated from it by a road only, the developer shall
provide a buffer strip not less than 10 metres wide between any residential
activity or area and the industrial use. The buffer shall include a natural or
structural barrier, as deemed necessary by Council, and shall be maintained by
the owner or occupier to the satisfaction of Council.
7.
Shops
Retail shops may be permitted at the discretion of Council if they are accessory
to an industrial use or if they directly service the industrial uses or the industrial
employees.
8.
Discretionary Use Classes
With the exception of Passenger Assembly and Service Stations, the
discretionary use classes listed in this table may be permitted at the discretion
of Council provided they are accessory to uses within the permitted use
classes. Service stations may only be permitted on the main road.
9.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
Robert's Arm Development Regulations, Schedule C
Page 22
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of Council, having regard to the
safety and convenience of users of adjacent streets and sidewalks, and
the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
10.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
(c)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions and nearby buildings, and
amenities of the surrounding area.
11.
Shore Front Uses
Shore front industrial uses may be exempt from the rearyard requirements at
the discretionary of Council.
12.
Access
All shore front industrial use must provide access onto a public road.
Robert's Arm Development Regulations, Schedule C
Page 23
13.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services.
Development
of marine or water related uses such as wharfs, slipways, boathouse, etc. may
be permitted. All development occurring within these limits is subject to the
approval of Council and the Department of Environment and Conservation.
Robert's Arm Development Regulations, Schedule C
Page24
USE ZONE TABLE
ZONE TITLE
PUBLIC BUILDINGS (PB)
PERMITTED USE CLASSES - (see Regulation 89)
Educational, cultural and civic uses, general assembly, medical treatment and special care,
aovernment or oublic offices, olace of worshio, child care and oolice station.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Indoor assembly; outdoor assembly; collective residential; antenna; cemetery; club and lodge,
caterina, taxi stand, recreational ooen soace and antenna.
CONDITIONS FOR PUBLIC BUILDINGS LAND USE ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
(b) Minimum Sideyards
(c) Minimum Rearyard
(d) Maximum Height
2.
Discretionary Use Classes
10 metres
5 metres
15 metres
15 metres
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided that they are complementary to permitted uses
and will not inhibit or prejudice the existence or development of permitted uses.
3.
Offices
Government offices, and other offices of a public nature shall be permitted in
this zone. Commercial offices or offices associated with a business operation
shall not be permitted.
Robert's Arm Development Regulations, Schedule C
Page 25
4.
Catering
Catering may be permitted in associations with a permitted use such as church
functions, weddings, parties, etc.
Catering use will only be permitted as a
temporary use by Council.
5.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of Council, having regard to the
safety and convenience of users of adjacent streets and sidewalks, and
the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c}
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
6.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
Robert's Arm Development Regulations, Schedule C
Page 26
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions and nearby buildings, and
amenities of the surrounding area.
7.
Child Care
A day care or day nursery (i.e.: a child care operation in which services are
regularly provided to seven or more children), is subject to the following
conditions:
(a)
The operation is in accordance with all applicable provincial laws and
regulations.
(b)
A limit of one day care or day nursery will be permitted on any street.
(c)
The use will not occupy more than 70 m2 or 40% of the floor area,
whichever is less.
(d)
Provision for off-street parking will be required as per the off-street
parking requirements of these Regulations.
(e)
The drop-off and pick-up of children will not interfere with the free flow of
vehicular traffic.
(f)
The use is not located adjacent to or near hazardous, dangerous, or
incompatible uses. These include, but are not limited to, heavy industrial
uses, service stations, garages, taverns, night clubs, and amusement
uses.
8.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services.
Development
of marine or water related uses such as wharfs, slipways, boathouse, etc. may
be permitted. All development occurring within these limits is subject to the
approval of Council and the Department of Environment and Conservation.
Robert's Arm Development Regulations, Schedule C
Page 27
USE ZONE TABLE
ZONE TITLE
CONSERVATION (CON)
PERMITIED USE CLASSES - (see Regulation 89)
Conservation, cemeterv.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Aariculture; forestrv; transportation and antenna.
CONDITIONS FOR CONSERVATION LAND USE ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided that they are complementary to permitted uses
and will not inhibit or prejudice the existence or development of permitted uses.
2.
Agricultural Use
Traditional small scale hobby and subsistence agricultural uses may be
permitted such as vegetable gardens. Areas of steep slope where soil erosion
may occur shall not be developed for agriculture uses, unless a soil erosion
program can be developed and implemented.
3.
Cemetery
Cemeteries which are located separately from a church shall be permitted in
the Conservation land use zone.
4.
Accessory Building
An accessory building may be permitted in association with a cemetery and
shall have a maximum floor area of 20 m2. Accessory buildings shall be located
a minimum of 3 metres from the nearest part of the main building and a
minimum of 1 metre from a side and rear lot line and a maximum height of an
accessory building shall be 4 metres.
Robert's Arm Development Regulations, Schedule C
Page 28
5.
Transportation
Transportation uses shall be those associated with marine uses. Development
of marine or water related uses such as wharfs, slipways, docks, boathouse,
etc. may be permitted. All development occurring within these limits is subject
to the approval of Council and the Department of Environment and
Conservation.
6.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services.
Robert's Arm Development Regulations, Schedule C
Page 29
USE ZONE TABLE
ZONE TITLE
RECREATION (REC}
PERMITTED USE CLASSES· (see Regulation 89)
Recreation, conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Indoor assembly; outdoor assembly; cultural and civic, catering (take-out food service); antenna;
child care.
CONDITIONS FOR RECREATION LAND USE ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
(b) Minimum Sideyards
(c) Minimum Rearyard
(d) Maximum Height
2.
Discretionary Use Classes
5 metres
5 metres
10 metres
15 metres
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided that they are complementary to permitted uses
and will not inhibit or prejudice the existence or development of permitted uses.
3.
Take-Out Food Service
A take-out food service use may be considered on a discretionary basis
provided it serves recreational activities only.
Robert's Arm Development Regulations, Schedule C
Page 30
4.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services.
Development
of marine or water related uses such as wharfs, slipways, boathouse, etc. may
be permitted. All development occurring within these limits is subject to the
approval of Council and the Department of Environment and Conservation.
Robert's Arm Development Regulations, Schedule C
Page 31
USE ZONE TABLE
ZONE TITLE
CEMETERY (CEM)
PERMITTED USE CLASSES - (see Regulation 89)
Cemetery.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
None.
CONDITIONS FOR CEMETERY LAND USE ZONE
1.
General Conditions and Referrals
As well as conforming with the Conditions of the Cemetery Land Use Zone, all
applications must be referred to appropriate government departments or
agencies for comment.
2.
Storage Buildings
Storage buildings associated with the cemetery use may be permitted at the
discretion of the Council provided that they are complementary to uses within
the permitted use classes.
3.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services.
Development
of marine or water related uses such as wharfs, slipways, boathouse, etc. may
be permitted. All development occurring within these limits is subject to the
approval of Council and the Department of Environment and Conservation.
Robert's Arm Development Regulations, Schedule C
Page 32
USE ZONE TABLE
ZONE TITLE
WATERSHED (WAT)
PERMITTED USE CLASSES - (see Regulation 89)
Conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Forestrv; aQriculture; recreation and antenna.
CONDITIONS FOR WATERSHED LAND USE ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided that they are complementary to permitted uses
and will not adversely affect the quality or quantity of water identified as a water
supply source.
2.
Forestry, Agriculture, and Existing Uses
Selective forestry activities, agriculture, and the maintenance and limited
extension of existing uses may be permitted provided they cause no detrimental
effect on water quality.
3.
Recreation
Only passive recreational activities such as hiking and skiing shall be permitted
in the watershed area.
Robert's Arm Development Regulations, Schedule C
Page 33
4.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services.
Development
of marine or water related uses such as wharfs, slipways, boathouse, etc. may
be permitted. All development occurring within these limits is subject to the
approval of Council and the Department of Environment and Conservation.
Robert's Arm Development Regulations, Schedule C
Page 34
USE ZONE TABLE
ZONE TITLE
RURAL (RUR)
PERMITTED USE CLASSES - (see Regulation 89)
Aariculture, farestrv, recreation. and conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Single dwelling, seasonal residence, veterinary, outdoor market, outdoor assembly, general
industry, mineral working, recreational open space, cemetery, animal, utilities (see condition);
antenna.
CONDITIONS FOR RURAL LAND USE ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
Minimum Building Line Setback
15 metres
Minimum Sideyard Width
5 metres
2.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of Council, having regard to the
safety and convenience of users of adjacent streets and sidewalks, and
the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
Robert's Arm Development Regulations, Schedule C
Page 35
3.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions and nearby buildings, and
amenities of the surrounding area.
4.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided that they are complementary to permitted uses
and will not inhibit or prejudice the existence or development of permitted uses.
5.
Accessory Buildings
Accessory buildings total floor area and height shall be determined by Council
under its discretion on a lot by lot application. Accessory buildings for
residential properties shall not be used for non-residential uses without
permission of Council. Accessory buildings should not have a negative effect
on neighbouring properties and outside appearance shall be to the standards
established by the Council.
6.
Seasonal Residence
The Seasonal Residential Lot Area shall meet or exceed the minimum lot
Robert's Arm Development Regulations, Schedule C
Page 36
standard as determined by the Government Service Centre, and shall be
sufficient to accommodate the long-term functioning of an on-site well and
septic disposal system.
7.
Single Dwelling
A single residential dwelling may be permitted in conjunction with permitted use
such as agriculture.
The residence shall be required to meet development
standard of 0.405 hectares (1 acre) lot. As a discretionary use, Council may
allow the development to occur on land that does not front onto a public road.
8.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services.
Development
of marine or water related uses such as wharfs, slipways, boathouse, etc. may
be permitted. All development occurring within these limits is subject to the
approval of Council and the Department of Environment and Conservation.
9.
Separation from Adjacent Uses
Unless the Council is satisfied that the working will not create a nuisance and
will not adversely affect the amenity of the specified development or natural
feature, no mineral working shall be located closer than the minimum distances
set out below to the specified development or natural feature:
Type of Development
Minimum Distance from
Mineral Working
Existina or orooosed residential develooment
300 metres
Any other developed area or area likely to be
150 metres
developed during the life of pit or quarry working
for anv ouroose other than residential
Public hiiihwav or street
50 metres
Protected Road
90 metres
Any of the above, with regard to a mineral
working operation in which blasting may take place
(or anv bedrock Quarry or reserve)
1000 metres
Waterbodv or watercourse
50 metres
Robert's Arm Development Regulations, Schedule C
Page 37
10.
Screening
A mineral working shall be screened in the following manner where it is visible
from a public street or highway, developed area, or area likely to be developed
during the life of the use:
(a)
Where tree screens exist between the mineral working and adjacent
public highways and streets or other land uses (excepting forestry and
agriculture), the tree screens shall be retained in a 30-metre wide strip of
vegetation so that visibility of any part of the use from the surrounding
uses or streets will be prevented. The tree screens must be maintained
by the owner or occupier of the use to retain 30 metres in a forested
appearance. Where vegetation dies or is removed from the 30-metre
strip, the Council may require new trees of a minimum height of 1 metre
be planted to fill in the areas affected to the satisfaction of the Council or,
at the discretion of the Council, condition 4(b) must be undertaken.
(b)
Where no tree screens exist of sufficient width and density to constitute a
visual screen, earthen berms shall be constructed to a height sufficient to
prevent visibility of any part of the mineral working from adjacent uses
(excepting forestry and agriculture), or adjacent public highways and
streets. The berms shall be landscaped to the Council's satisfaction.
(c)
Where natural topography creates a visual screen between mineral
workings and adjacent public highways and streets or other land uses
(excepting forestry and agriculture), additional screening may not be
required.
(d)
Where effective screening for any mineral working or associated
processing or manufacturing use cannot be installed or located as
required in (a) - (c) above, the Council may refuse to permit the use or
associated activity.
11.
Fencing
The Council may require the mineral working site or excavated areas of a pit or
quarry working to be enclosed by a fence designed and constructed to its
specifications and no less than 1.8 metres in height.
Robert's Arm Development Regulations, Schedule C
Page 38
12.
Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any waterbody or watercourse. Any access road
to a pit or quarry working which crosses a brook or stream shall be bridged or
place culverts at the crossing in accordance with the Regulations of the
Department of Environment and Conservation.
13.
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of
adjacent land.
14.
Water Ponding
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any waterbody or watercourse. Any access road
to a pit or quarry working which crosses a brook or stream shall be bridged or
place culvertsd at the crossing in accordance with the Regulations of the
Department of Environment and Conservation.
15.
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and
abandoned equipment and any derelict buildings.
16.
Access Roads
During extended periods of shutdown, access roads to a mineral working shall
be ditched or barred to the satisfaction of the Council.
17.
Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron
stained layer, shall be stripped and stockpiled at least 5 metres from active
Robert's Arm Development Regulations, Schedule C
Page 39
quarry or stockpile areas. The owner or operator shall ensure that the quality of
the topsoil is not affected by dilution with other materials.
18.
Operating Plant and Associated Processing and Manufacturing
The Council may permit processing and manufacturing use associated with
mineral workings provided that, in the opinion of the Council, 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.
19.
Building Location
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.
20.
Buffer Area
The Council 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.
21.
Additional Extraction
If the mineral working contains reserves of material sufficient to support further
extraction operations, the Council may require the work described above to be
carried out only in areas of the site where extraction has depleted aggregate
reserves.
22.
Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried out
by the operation:
Robert's Arm Development Regulations, Schedule C
Page 40
(a)
All buildings, machinery and equipment shall be removed.
(b)
All pit and quarry slopes shall be graded to slopes less than 20° or to the
slope conforming to that existing prior to the mineral working.
(c)
Topsoil and any organic materials shall be re-spread over the entire
quarried area.
(d)
The access road to the working shall be ditched or barred to the
satisfaction of the Council.
23.
Short-term Mineral Workings
The following conditions shall apply to a Mineral Working which is subject to a
Department of Natural Resources Quarry Permit or which is proposed for
duration of less than five years. The Council may require an applicant for a
development permit under this condition to meet the stipulations set out in
condition 18 below, if the Council determines that the size of the parcel or of the
proposed mineral working, or the size of the aggregate resource in the
surrounding area is sufficiently large or the duration is sufficiently long to
warrant the application of condition 18.
a)
An application for a development permit for the proposed Mineral
Working use shall be accompanied by a detailed sketch or sketches
satisfactory to the Council which shall show the location of physical site
features and extraction and processing features required by the Council,
including but not limited to:
i)
The general area of the location of the mineral working;
ii)
Boundaries of the parcel to be mined (ie. land covered by the
development application);
iii)
Extent of the site area to be mined;
iv)
Roads, parking and loading areas and entrance and exit to the
site;
v)
Waterbodies within the boundaries;
vi)
Waterbodies within 250 metre radius of the boundary;
vii)
Channels or ponds to be removed, shifted and created; and
Robert's Arm Development Regulations, Schedule C
Page 41
viii)
The location of any building or structure and equipment which will
be located on the site.
b)
Upon completion of the mineral working operations on the site, the
developer shall meet the conditions set out above and any other
condition(s) stated in the development permit that the Council deems
necessary for restoration of the site.
c)
A temporary development permit may be issued for a maximum of one
year and may not be renewed after five consecutive years. Upon expiry
of the development permit the Council shall inspect the site to confirm
compliance with the development permit and development regulations.
24.
Long-term Mineral Workings
The following conditions shall apply to a Mineral Working subject to a
Department of Natural Resources Quarry Lease or of duration of 5 years or
greater.
a)
An application for a development permit shall include a Mineral Working
Development Plan satisfactory to the Council for the proposed Mineral
Working use, which shall include a site plan showing the location of
physical site features and extraction and processing features required by
the Council including but not limited to:
i)
Boundaries of the parcel to be mined;
ii)
Extent of site area(s) to be mined;
iii)
Buildings and structures on the site;
iv)
Roads, parking and loading areas and entrance and exit to the
site;
v)
Fences, berms and landscaping provided for screening;
vi)
Waterbodies and channels to be removed, shifted, and created;
vii)
Location and expected maximum height of stockpiles of mined
ores, sand and gravel;
Robert's Arm Development Regulations, Schedule C
Page 42
viii)
Location of major machinery and conveyors for receiving and
processing raw ores including machinery for sifting, washing and
grading ores, and the manufacturing of concrete and stone
products;
ix)
The probable location of storage piles of topsoil and overburden
removed from earlier phases of mined areas and temporarily
being stored for replacement under the Reclamation plan; and
x)
Intended phases of mining operations to be carried out over all
portions of the site.
b)
An application for a development permit shall include a Mineral Working
Reclamation Plan satisfactory to the Council for the proposed mineral
working use which shall explain, illustrate and show to the satisfaction of
the Council a plan for restoration of the site which includes final ground
contours, slopes, depth of topsoil, and vegetation and a phasing plan if
necessary in the form of a grading and landscape plan or plans.
25.
Financial Guarantee
a)
The developer shall provide a financial guarantee in the form of a
performance bond or unconditional and irrevocable letter of credit or
other form acceptable to the Council.
b)
The financial guarantee shall be the greater of (a) $5,000 per hectare,
prorated on the basis of area to a minimum of $500, or (b) an amount to
cover the costs of restoring or landscaping the site after the quarry
operations have ended or the site is abandoned by the applicant.
c)
The financial guarantee shall be returned when the Reclamation Plan
has been carried out or the development terminated and any conditions
attached to the development permit have been met to the satisfaction of
the Council."
Robert's Arm Development Regulations, Schedule C
Page 43
26.
Permit Fee
The development permit fee for a Mineral Working use shall be determined by
the Council in an amount sufficient to cover the review of the Development and
Reclamation Plans or the detailed sketch as required above, and determination
of the amount of the financial guarantee described in section 25 above by a
professional engineer, ongoing inspection of the site for conformity with the
named Plans or sketches and with the conditions of the development permit,
and inspection of the site to determine acceptable reclamation for purposes of
return or cancellation of the financial guarantee.
TOWN OF ROBERT'S ARM
SCHEDULED
2010 -2020
Town of Robert's Arm
Schedule D
Page 1
OFF-STREET PARKING REQUIREMENTS
CLASS
ASSEMBLY USES
(a) Theatre
Two spaces for every 5 seats.
(b) Cultural and Civic
One space for every 50m" of gross floor area.
(c) Educational
K - 12 - 3 spaces for every classroom.
Other facilities - 1 space for every 5 persons using the facilities (students,
faculty and staff).
·-·
(d) Place of Worship
Two spaces for every 5 seats.
(e) Passenger Assembly
As specified by the Council.
(!) Private Club
One space for every 3 persons that may be accommodated at one time.
(g) Catering
One space for every 3 persons that may be accommodated at one time.
(h) Lounges and Bars
One space for every 3 persons that may be accommodated at one time.
(i) Funeral Home
One space for every !Om' of gross floor area.
G) Child Care
One space for every 20m' of gross floor area.
(k) Amusement
One space for every I Om' of gross floor area.
(I) Indoor Assembly
One space for every 10 persons that may be accommodated at one time.
(m) Outdoor Assembly
As specified by the Council.
CLASS
INSTITUTIONAL USES
(a) Detention Centre
As specified by the Council.
(b) Medical Treatment and Special Care
One space for every 20m' of gross floor area
(c) Special Care
One space for every bed.
... _
(d) Collective Residential
As specified by the Council.
Off-Street Parking Requirments 2010-2020
Town of Robert's Ann
Schedule D
Page2
CLASS
RESIDENTIAL USES
(a) Single Dwelling
Two spaces for every dwelling unit.
(b) Double Dwelling
Two spaces for every dwelling unit.
(c) Row Dwelling
Two spaces for every dwelling unit.
( d) Apartment Building
Three spaces for every 2-dwelling units
(e) Subsidiary Apartment
One space for every apartment unit.
(f) Hospitality Home
As specified by the Council.
(g) Boarding House Residential
One space for every residential unit.
(h) Mobile Home
Two spaces for every residential unit.
--·
CLASS
BUSINESS AND PliRSONAL SREVICES
(a) Office
One space for every 20m' of gross floor area.
(b) Professional Service
One space for every 20m" of gross floor area.
( c) Personal Service
One space for every 20m' of gross floor area.
( d) General Service
One space for every 20m' of gross floor area
(e) Communications
As specified by the Council.
(f) Home Occupation
Minimum of 1 space per non-resident employee
CLASS
COMMERCIAL USES
(a) Shopping Centre
One space for every 20m' of gross floor area.
(b) Shop
Minimum of2 spaces plus one space for every 20m' of gross floor area.
( c) Convenience Store
Minimum of2 spaces plus one space for every 20m' of gross floor area.
(d) Take-Out Food
Minimum of2 spaces plus one space for every 15m' of gross floor area.
(e) Vending Stand
Minimum of2 spaces plus additional as specified by the Council.
(f) Indoor Market
As specified by the Council.
(g) Outdoor Market
As specified by the Council
(h) Service Station
One space for every 20m' of gross floor area.
(i) Commercial Residential
One space for every rental room,
~.
··-
Off-Street Parking Requinnents 2010-2020
Town of Robert's Arm
Schedule D
Page 3
CLASS
INDUSTRIAL USES
(a) Hazardous Industry
One spaee for every employee, plus 3.
(b) General Industry
One space for every employee, plus 3.
~·
(c) Light Industry
One space for every employee, plus 3.
CLASS
NON-BUILDING USES
---
(a) Outdoor Recreation
As specified by tbe Council.
(b) Conservation
As specified by tbe Council.
(c) Cemetery
As specified by the Council.
(d) Scrap Yard
As specified by the Council.
(e) Animal
Minimum of2 spaces plus one space for every 20m2 of gross floor area.
.-.
(f) Transportation
As specified by the Council.
w---
Off-Street Parking Requirments 2010-2020
TOWN OF ROBERT'S ARM
SCHEDULE E
2010 - 2020