Town of Roddickton-Bide Arm Development Regulations 2017-2027
Roddickton-Bide Arm, Newfoundland and Labrador
· adopted 2018-11-19
This is the exact embedded text of the captured official document.
Snapshot b090eaf82daa · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
I
I
I
I
I-
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm Development Regulations for 2017-2027
Approved by Council 25 June 2020
TOWN OF RODDICKTON - BIDE ARM
DEVELOPMENT REGULATIONS
2017-2027
Approved by Council 25 June 2020
Development Regulations/ Amendment
REGISTERED
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton -
Bide Arm Development Regulations for 2017-2027
Approved by Council 25 June 2020
ADOPTION AND APPROVAL
COUNCIL RESOLUTION TO ADOPT; MCIP CERTIFICATE
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council
of Roddickton - Bide Arm adopts the Development Regulations for 2017 to 2027.
Resolved by the Town Council of Roddickton - Bide Arm on the 19th day of November, 2018.
Signed and sealed this / 0
day of Av.{),,_;,.$' t-
Mayor [
1 Jc_ Ji1&,✓ ""!d
Clerk j,~ ~p,,._.}
Canadian Institute of Planners Certification
20 2.0
'
-
(Council Seal)
I certify that the attached Development Regulations document has been prepared in accordance
with the requirements of the Urban and Rural Planning Act, 2000.
Member of the Canadian Institute of Planners
~ os Jenseo,P.Eng.,MCIP
(MCIP Seal)
Date: ~O If,_,, ,..sf
I
111
2020
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm Development Regulations for 2017-2027
Approved by Council 25 J une 2020
COUNCIL RESOLUTION TO APPROVE
[resolution of Cou11cil to apprOl'e the D evelopmenl Regulations . .following co111plt1tio11 of the requirements of
Sections 18 to 22 inclusive of the Urban and Rural Planning Act. 2000]
Whereas the Council of the Town ofRoddjckton-Bide Arm adopted the proposed Development
Regulations on the 19th day of November, 2018, gave notices of their intention to so do by
posting of notices at customary places in the municipal plannjng area, on the municipal website
and on social media used by the Council for municipal notices, all in accordance with the
provisional reqwrements to do so promulgated by the Department of Municipal Affajrs and
Environment due to the COVID 19 pandemic, beginning on the 27th day of April, 2020 and
continued until the date of the public hearing, appointed a commissioner to hold the required
public hearing at 12:00 noon on the 29th day of May, 2020, received and considered a report of
the commissioner, and made the following resolution:
Under the authority of Sections 16, 17, 18 and 23 of the Urban and Rural Planning Act 2000, the
Town Council of Roddickton- Bide Arm approves the Development Regulations for 2017 to 2027,
exactly as released by the Department of Municipal Affairs and Environment, except as amended
in accordance with the commissioner's recommendation so as to:
a) delete the "hazardous Industry" class from the list of discretionary uses stated in the Use
Zone Table for the Industrial Zone,
b) re-title Section 40 as "Buffer Strips",
c) amend Section 40, by deleting the words "buildings and the industrial area" in line 4 and
substituting the words "area and the commercial or industrial development" in their place,
and,
d) amend Condition 6 in the Residential Use Zone Table by deleting the entire text other than
the title "Keeping of Animals" and substituting the following in its place:
"Keeping of small animals customarily kept as household pets is permitted. In
addition, chickens, ducks, geese or other poultry may be kept, up to a total of twenty
adult birds, subject to the approval of Council and the Department of Fisheries and
Land Resources pursuant to the Environmental Guidelines for Poultry Producers."
Resolved by the Town Council ofRoddickton - Bide Arm on the 25 th day of June, 2020.
Signed and sealed this
I 0
day of A v.9-s +
, 2020.
V
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm Development Regulati ons f or 2017-2027
Approved by Council 25 J une 2020
TABLE OF CONTENTS
SECTION A
NEWFOUNDLAND REGULATION 3/01,
MADE BY MINISTER OF MUNICIPAL
AND PROVINCIAL AFFAIRS, 2 JANUARY, 2001
SECTIONB
DEVELOP1\1ENT REGULATIONS
APPLICATION
1
1.
Short Title .... . ....... . .. .. ... . . . ... .. ............ . ................. 12
2.
Interpretation ........ ... . . . . ........ . .. . .............. .. ..... . ...... 12
3 .
Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4.
Municipal Code and Regulations ...... . ... .. . . . ... ... . ......... . ....... 12
5.
Authority . . . .... .... .......... . .. . . ......... .. . ... .. . ........... . .... 12
PART I - GENERAL REGULATIONS
6.
Compliance With Regulations ...... . .. .. .... .. . . ...... ... ....... .. .. . .. 13
7.
Permit Required . . .... ..... . ................ . ........ .. .. . ...... ...... 14
8 .
Permit to be Issued ................... . ............ . ......... .. ...... 14
I
vii
I
Town of Roddickton - Bide Arm Development Regulations f or 2017-2027
Approved by Council 25 June 2020
9.
Permit Not to be Issued in Certain Cases ............. . ... . ... . . . ..... 15
10 .
Discretionary Powers of Authority .. .. . . .. ... .... . .. .. .. .. ........... 15
11. Variances .. . ... . . . ............ . .. . .. .. .... ... ... . .. ..... . . .......... . 16
12 .
Notice of Variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
13 .
Service Levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
14 .
Financial Guarantees by Developer ....................... . .... . .. .... 1 7
15.
Dedication of Land for Public Use . . . ........ . .. . .. . .. . .. . ... ..... ... 18
16 .
Reinstatement o f Land .............. . ........ . ... . . . ..... . ....... . . . . 18
1 7 .
Form of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
18 .
Register of Application ..... . .......... . . . .. . ...... .. .. . .. . ... . . . .. . 19
19 .
Deferment of Applicati on ........ . ....... . . .. .. .. . ... . . . .. ..... . . . .. . 19
20.
Approval in Principle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21 .
Development Permit ... . .. . .. . .. .. . .. .. .. . . .. .... .. . . .. . .. ... . .. ... . . . 20
22.
Reasons for Refusing Permit .... .. . . ....... . .. ..... . . . .... . .. . ..... . . 21
23 .
Notice of Right to Appeal ...... . . .. . . . . ... .. . .. . . . ..... . . . . .... .. ... 21
24 . Appeal Requirements . . . ............ . ..................... . ............ 21
25 . Appeal Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
26 .
Development Prohibited . . . ... . . . . . .... . . . . ... ....... . .. . .. . . . . ... . . .. 23
2 7 .
Appeal Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3
28 .
Appeals .. . ............. .. .. . .. . .. ....... . ... . . . .. . .. . . . ... .... .. .... 23
29 .
Hearing Notice and Meetings ........... . ........... . ..... ... .. . .. .. .. 25
30 .
Hearing of Evidence . . ... . ........ . ... .. . . . .. . . . . .. .... ... . .. . .. . ... 25
31.
Return of Appeal Fee .. .. ....... . . . ... .. ...... . ... .. . .. . . .. . .. . ... . . . 26
32 .
Notice of Application . .......... .... . .... . . ... . .. ....... .. . .. . .. .. .. 26
33 .
Right of Entry . ..... ................... . ...... .. .. . ...... . ....... ... 27
34.
Record of Violations . . ... .. ... ... . . . ... .. . .. . . ..... . .. ......... .. . . . 27
35.
Stop Work Order and Prosecution .. . . . ... ..... . ....... . ..... ..... ..... 27
viii
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddic kton - Bide Arm Development Regulations f or 2017-2027
Approved by Council 25 J une 2020
36 Delegation of Powers ......... . .............. . .. ..... .. ... . .. .. . ...... 27
PARTII-GENERALDEVELOPMENT STANDARDS
37.
Accesses and Service Streets . .... .. . .. . ... ...... .. . ........ . .... . ... 28
38 .
Accessory Buildings and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8
39.
Advertisements . .. . . . .. . .. ... . .................... .. . . .............. . 30
40.
Buffer Strips for Industrial Uses and Public Trails . . .. . .... . . . .. .. . 30
41 .
Building Height .. ............ . .. .... . . . .... ......... . .. . ..... . . ... . . 31
42 .
Building Line and Setback .... .. . ........ . .. .. .. .. .... . ..... ... ..... . 31
43.
Family and Group Care Centres . . ...... ... .. .. . . .. . .. . .. ....... . . . . . . . 31
44 .
Height Exceptions ... .... .. . .... ... . . . . .. .. . . . . ... . . . . .. .. . .. .. .. .... 31
45 .
Livestock Structures and Uses . .. ............................ . ....... 32
46.
Archaeological Resources . . . . .. .. ........ . . .. . . .. .... . .. . .. ... . . .. .. . 32
47.
Lot Area and Size Exceptions . . .. . ... . ..... .. .... . .. . . . .. ....... ... .. 33
48 .
Lot Frontage . ...... .. . .. ....................... . ..... .. . . .... .. . . .. . 33
49 .
Non-Conforming Use ...... . ..... . . . ... ... ..... . ... . ...... . ........... . 33
SO.
Offensive and Dangerous Uses .. ........ . ....... . .... . . .. .. .. .. . . . . . . . 35
51.
Hazards to Building .......... . . ... . ...... . ........... . ....... . ...... 35
52 .
Off-Street Parking and Loading Requirements ... . .. . .. . . . . . .. .. . . . .... 36
53 .
Parks and Playgrounds , and Conservation Uses ... . .. .... ..... . .. . ...... 39
54 .
Screening and Landscaping . .. ........ . . .. ... . ......... ......... ..... . 39
55 .
Services and Public Utilities .. . .. . . .. ... . . ...... ..... . ......... .... 39
56.
Service Stations ..... . ....... .. . ... . . ... . . .... ... .. . .. ... . ...... .... 39
57 .
Side Yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 0
58.
Removal of Quarry Materials ..................... .. .... . ...... . . ... . . 40
59.
Subsidiary Apartments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 0
I
IX
Town of Roddi c kton - Bide Arm Development Regulations for 2017-2027
Approved by Council 25 J une 2020
60.
Unsubdivided Land .................. . ............ . ............ . ...... 40
61.
Zero Lot Line and Other Comprehensive Development ; Flag Lot
Requirernen ts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1
PART III -ADVERTISEMENTS
62 .
Perrni t Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3
63 .
Form of Application and Permit . .... . .... .... .. . . . . .. ..... . . . ....... . 43
64 .
Advertisements Prohibited in Street Reservation ......... .. ... . .. . . .. 43
65 .
Standards of Construction and Location ... ...... . . ....... ..... ....... 43
66.
Removal of Advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4
67 .
Advertisements Exempt from Control ......... . .. . . ..... . ....... ... . . . . 44
68 .
Approval Subject to Conditions . .......... ... ... .... . .... . . ......... . 45
69.
Non-Conforming Uses and Off-Site Locations .. .. . . .......... .......... 45
PART IV - SUBDMSION OF LAND
70.
Perrni t Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6
71.
Services to be Provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6
72.
Payment of Service Levies and Other Charges ....... . .. .... ...... . .. .. 46
73.
Issue of Permit Subject to Considerations . ...... .. . ... ........... . .. 46
7 4 .
Building Permits Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7
75 .
Form of Application . .. . . ....... .. .. ......... ... . ....... . ............ 4 7
76.
Subdivision Subject to Zoning . . .... ... . ...... ... ... . ...... . . .... . . . . 47
77.
Building Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8
78.
Land for Public Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8
79.
Structure in Street Reservation .. .. . . .. . .. .. . . ....... .. . . ... . . . . .. . . 49
80 .
Subdivision Design Standards .. ....... ... .... .. .......... . . . .... . .... 49
81 .
Engineer to Design Works and Certify Construction Layout .... . ... .... 51
X
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddi ckton - Bide Arm Development Regul2tions for 2017-2027
Approved by Council 25 J une 2020
82.
Developer to Pay Engineer's Fees and Charges ........................ 52
83 .
Street Works May Be Deferred . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
84 .
Transfer of Streets and Utilities to Authority . . ..... . .............. 53
85.
Restriction on Sale of Lots .. . . . .... ............. . . .... .. . .. ... .. . . . 53
8 6 .
Grouping of Buildings and Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4
PART V - USE ZONES
87.
Use Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
88 .
Use Groups, Divisions and Classes .. . ................ .. ... . .. ..... ... 55
89 .
Permitted Uses .... . .. . .. . .... .. . . . ... ........ . .......... . ......... . . 55
90.
Discretionary Uses ..... . .................. . . ...... .. .... . . ... . . . . . .. 56
91.
Uses Not Permitted . .. ............ .. . . ... .. ................. . ....... . 56
SCHEDULES AND ZONING MAPS
SCHEDULE
A :
Definitions ....... .... .. . .. . .... ... ........... .. .. .. ..... ... 57
SCHEDULE
B:
Classification of Uses of Land and Buildings
. . .......... 70
SCEEDULE
C:
Use Zone Tables ............ .. . ...... .. .... ......... . ..... .. . 76
Land Use Zoning Maps 1 & 2 : map pockets at end of document
XI
Town of Roddickton - Bide Arm Development Regulati ons f or 2017-2027
Approved by Council 25 June 2020
Page left blank to correspond t o double sided pr inting
xii
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickt on - Bide Arm Development Regulations for 2017-2027
Appr oved by Counci l 25 J une 2020
SECTION A
NEWFOUNDLAND REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authotity of section 36 of the Urban and Rural Planning Act, 2000, I make the following
regulations.
Dated at St. John's, January 2, 2001.
I. Short title
2. Definitions
3. Applicalion
4. Interprelalion
5. Notice uf righl to appeal
6. Appeal requirements
7. Appeal registration
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
l
Town of Rodrlickton - Bide Arm Development Regul ations for 2017-2027
Approved by Council 25 June 2020
8. Development prohibited
9. Hearing notice and meetings
I 0. Hearing of evidence
I I. Board decision
I 2. Variances
13. Notice of variance
14. Residential non confom1ity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforrnin~
I 8. Delegation of powers
19. Commencement
Short title
1. These regulations may be cited as the Minister's Development Regulations.
Definitions
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000;
(b) ·-applicant" means a person who has applied to an authority for an approval or permit
to carry out a development;
(c) "authority" means a council, authorized administrator or regional authority; and
2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town vf Roddickton - Bide Arm Developmenc Regulations for 2017-2027
Appr oved by Counc~l 25 J une 2020
(d) "development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
Application
3. (1) These regulations shall be included in the development regulations of an authority
and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations or
other regulations of an authority, these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
Interpretation
4. ( 1) In development regulations and other regulations made with respect to a planning
area the following terms shall have the meanings indicated in this section
(a) "access" means a way used or intended to be used by vehicles, pedestrian~ or animals
in order to go from a street to adjacent or nearby land or to go from that land to the street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennas,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
3
Town of Roddickton - Bide Arm Development Regulations for 2017-2027
Appr oved by Council 25 June 2020
(c) "accessory use" means a use that is subsidiary to a permitted or discretionary use and
that is customarily expected to occur with the pennitted 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 1idge of a gable, hip or garnbrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof;
(e) "building line" means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that a building may be placed;
(t) "discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations;
(g) "established grade" means,
(i) where used in reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii) where used in reference to a structure that is not a building, the average elevation
of the finished grade of the ground immedfately 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;
4
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm De,·elopment Regula tions for 2017- 2027
Approved b y Council 25 J une 2020
(i) "frontage" means the horizontal distance between side lot lines measured at the building
line;
G) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for
a particular use or builcling;
(k) "lot area" means the total ho1izontal area within the lines of the lot;
(l) "lot coverage" means the combined area of all building on a lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total area
of the lot;
(m) "non-conforming use" means a legally existing use that is not listed as a pennitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the legal right
to use the land under consideration;
(o) "permitted use" means a use that is listed within the permitted use classes set out in the
use zone tables of an authority's development regulations;
(p) "probjbited use" means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority specifies as not permitted
within a use zone;
(q) "sign" means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as
a mem01ial, advertisements of local government, utilities and boarding or similar structures
used for the display of advertisements;
5
Town of Roddickt on - Bide Ann Development Regulations for: 2017-2027
Appr oved by Council 25 June 2020
(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 lhe 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 depa11ment and other emergency vehicles;
(u) "street line" means the edge of a street reservation as defined by the authority having
jw-isdiction;
(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 l 0% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use Zone
Table of the authority's regulations· and
(y) "zoning map" means the map or maps attached to and forming a part of the authority"s
regulations.
(2) An authority may, in its discretion, determine the uses that may or may not be developed in a
use zone and those uses shall be listed in the authority's regulations as discretionary, pennitted or
prohibited uses for that area.
Notice of right to appeal
5. Where an authority makes a decision that may be appealed under section 42 of the Act, that
authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the
6
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm Development Regul ations for 2017-2027
Appr oved by Council 25 June 2020
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
( c) right of other interested persons to appeal the decision; and
( d) manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6. (1) The secretary of the board at the Department of Municipal and Provincial Affairs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. John" s, Nfld., AlB 4J6 is the
secretary to all boards in the province and an appeal filed with that secretary within the time period
referred to in subsection 42( 4) of the Act shall be considered to have been filed with the appropriate
board.
(2) Notwithstanding subsection (1 ), where the City of Corner Brook, City of Mount Pearl or City
of St. John "s ar,points an appeal board under subsection 40(2) of the Act, an appeal s!1all 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 secretaiy referred to in subsection ( 1) or (2) within the 14 days
referred to in subsection 42(4) of the Act.
(4) The board that hears the decision being appealed shall, subject to subsection 44(3) of the Act,
retain the fee paid to the board.
(5) Where an appeal of a decision and the required fee is not received by a board in accordance
with this section and Part VI of the Act, the right to appeal that decision shall be considered to
have been forfeited.
7
Town of Roddickt on - Bide Arm Devel opmen t: Regulations for 2017-2027
Approved by Council 25 June 2020
Appeal registration
7. (1) Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 6( 1) and (2), shall immediately register the
appeal.
(2) Where an appeal has been registered the secretary of the board shall notify the appropriate
authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
(3) Where an authority has been notified of an appeal that authority shall forward to the appropriate
board a copy of the application being appealed, all co1Tespondence, council minutes, plans and
other relevant information relating to the appeal including the names and addresses of the applicant
and other interested persons of whom the authority has knowledge.
( 4) Upon receipt of the information under subsection (3), the secretary of the board shall publish
in a newspaper circulated in the area of the appropriate authority, a notice that the appeal has been
registered.
(5) A notice published under subsection (4) shall be published not fewer than 2 weeks before the
date upon which the appeal is to be heard by the board.
Development prohibited
8. (1) Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
(2) Sections 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 I 02 of the Act, an authority shall not carry out work related to the matter being appealed.
8
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm DevelopmenL Regulacions for 2017- 2027
Appr oved by Council 25 June 2020
Hearing notice and meetings
9. (1) A board shall notify the appellant, applicant, authority and other persons affected by the
subject of an appeal of the date, time and place for the appeal not fewer than 7 days before the date
scheduled for the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its work in an expeditious manner.
Hearing of evidence
10. (1) A board. shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9(1) or their representative may appear before the board
and make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these regulations.
(3) A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing
of a property shall be considered to have been provided in the same manner as evidence directly
provided at the hearing of the board.
( 4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
Board decision
11. A decision of the board must comply with the plan, scheme or development regulations that
apply to the matter that has been appealed to that board.
Variances
12. (1) Where an approval or pennit cannot be given by an authority because a proposed
development does not comply with development standards set out in development regulations, an
authority may, in its discretion, vary the applicable development standards to a maximum of 10%
if, in the authority's opinion, compliance with the development standards would prejudice the
9
Town of Roddickton -
Bide Arm Development Regulacions for 2017-2027
Appr oved by Council 25 June 2020
proper development of the land, building or structure in question or would be contrary to public
interest.
(2) An authority shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be made
with respect to the same land, building or structure, would have a cumulative effect that is greater
than a 10% variance even though the individual variances are separately no more than I 0%.
(3) An authority shall not permit a variance from development standards where the proposed
development would increase the non conformity of an existing development.
Notice of variance
13. Where an authority is to consider a proposed variance, that authority shall give written notice
of the proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
Residential non conformity
14. A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where
being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
Notice and hearings on change of use
15. Where considering a non conforming building, structure or development under paragraph
108(3)(d) of the Act and before malcing a decision to vary an existing use of that non-conforming
building, structw·e 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-confom1ing building, structure or development and shall consider
any representations or submissions received in response to that advertisement.
10
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town o f Roddickton -
Bi de Arm Development Regula tions for 2017-2027
Approved by Council 25 June 2020
Non-conformance with standards
16. Where a building, structure or development does not meet the development standards included
in development regulations, the building, structure or development shall not be expanded if the
expansion would increase the non-conformjty and an expansion must comply with the
development standards applicable to that building, structure or development.
Discontinuance of non-conforming use
17. An authority may make development regulations providing for a greater period of time than is
provided under subsection 108(2) of the Act with respect to the time by which a discontinued non-
conforming use may resume operation.
Delegation of powers
18. An authority shall, where designating employees to whom a power is to be delegated under
subsection I 09(3) of the Act, make that designation in writing.
Commencement
19. These regulations shall be considered to have come into force on January 1, 2001.
©©Earl G. Tucker, Queen's Printer
11
Town of Roddickton - Bide Arm Development Regul a tions for 2017- 2027
Approved by Council 25 June 2020
SECTIONB
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULA TIO NS
(DEVELOPMENT REGULA TIO NS)
APPLICATION
1. Short Title
These Regulations may be cited as the Town of Roddickton - Bide Arm Development
Regulations.
2. Interpretation
( 1)
Words and phrases used in these Regulations shall have the meanings ascribed to them in
Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
3. Commencement
These Regulations come into effect throughout the Roddickton - Bide Arm Municipal
Planning Area, hereinafter referred to as the Planning Area, on the date of publication of
a notice to that effect in the Newfoundland and Labrador Gazette.
4. Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and
any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or
any other municipal regulations or practices regulating or controlling the development,
conservation and use of land in force in the Town of Roddickton - Bide Arm, shall, under
these Regulations apply to the entire Planning Area.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Roddickton - Bide
Arm.
12
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm Development Regula tions for 2017- 2027
Approved by Council 25 June 2020
PART I - GENERAL REGULATIONS
6. Compliance With Regulations
(l) No development shall be can-ied out within the Roddickton - Bide Arm Planning
Area except in accordance with these Regulations, unless expressly exempted.
(2) The Development Regulations is a legal document, binding upon Council and any
person or group using or proposing to use land anywhere within the Roddickton - Bide
Arm Planning Area.
(3) The Water Resources Act, 2000, provides for regulation of numerous aspects of
management of water resources in the province. Administration of the regulations under
the Act is by the Water Resources Management Division of the Department of the
Environment. All development applications concerning the following topics may require
approval under the Water Resources Act 2000 in addition to approval by the Authority
under these Development Regulations:
a) Development within 15 metres of a waterbody or watercourse if in a Crown land
reservation;
b) Discharge of any effluent off the subject property;
c) Work in any body of water;
d) Infilling of water bodies or diversion of streams (usually not approvable if for
residential development;
e) Constmction of wharves, breakwaters, slipways and boathouses: permits not
needed but the guidelines of that title must be followed;
f) Infilling or dredging associated with marine structures or other works; and,
g) Any development in the East Brook Pond or the First Clay Cove Pond Protected
Public Water Supply Areas.
13
Town of Roddickton - Bide Arm Development Regula tions fo r 2017- 2027
Appr oved by Council 25 June 2020
(4) Constructing a development may require permits and/or approvals in addition to
approval pursuant to the Urban and Rural Planning Act, 2000, or the Water Resources
Act. 2000. Proponents are advised to consult the appropriate Government Service Centre
to determine requirements.
7. Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has been
issued by the Authority.
8. Permit to be Issued
Subject to Regulations 9 and 10, a pennit shall be issued for development within the
Planning Area that conforms to:
(a)
the general development standards set out in Part II of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards,
requirements, and conditions prescribed in Schedule C of these Regulations for
the use zone in which the proposed development is located;
(b)
further to (a), the standards set out in any regulation or policy of the Authority
regulating or controlling development, conservation and use of land and buildings
and the supply of municipal water, sewer and street services to them, noting that
the Authority does not perform reviews of engineering, architectural or other
design subjects of buildings as may be found in the Building Code and/or other
ancillary codes;
(c)
the standards set out in Part Ill of these Regulations in the case of advertisement;
(d)
the standards set out in Part IV of these Regulations in the case of subdivision;
(e)
the standards of design and appearance established by the Authority.
14
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm DevelopmenL Regulations fo r 2017-2027
Approved by Council 25 June 2020
9. Permit Not to be Issued in Certain Cases
(a) Neirher a permit nor approval in principle shall be issued for development within the
Planning Arna when, in the opinion of the Authority, it is premature by reason of the site
lacking adequate road access, power, drainage, sanita1y 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.
(b) Where a Crown Lands grant is required to enable a development, Council shall
review the policies of the Municipal Plan and the Development Regulations in the course
of considering their comments to make to Crown Lands on any proposed development,
and shall not recommend or support the grant where they are not satisfied. Where a
va1iance or discretiona1y approval or other approval pursuant to these Development
Regulations or the Urban and Rural Planning Act, 2000, is required, such matters shall
be considered and disposed satisfactorily before the grant is recommended.
10. Discretionary Powers of Authority
a) In considering an application for a permit or approval in principle to carry out
development, the Authority shall take into account the policies expressed in the Munici-
pal Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the
general appearance of the development of the area, the amenity of the surroundings,
availability of utilities, public safety and convenience, and any other considerations
which are, in its opinion, material, and notwithstanding the conformity of the application
with the requirements of these Regulations, the Authority may, in its discretion, and as a
result of its consideration of the matters set out in this Regulation, conditionally approve
or refuse the application.
b) 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
15
Town of Roddickton - Bide Arm Development Regulations for 2017- 2027
Approved by Council 25 June 2020
11. Variances (Refer to Minister's Development Regulations, Section 12, January 2, 2001)
a) 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, va1y 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.
b) The Authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances
made or to be made with respect to the same land, building or structure, would have a
cumulative effect that is greater than a 10% variance even though the individual
variances are separately no more than 10%.
c) The Authority shall not permit a va1iance from development standards where the
proposed development would increase the non-conformity of an existing development.
12. Notice of Variance (Refer to Minister's Development Regulations, Section 13., January 2,
2001)
Where the Authority is to consider a proposed variance, the Authority shall at the
expense of the applicant give written notice of the proposed variance from development
standards to all persons whose land is in the immediate vicinity of the land that is the
subject of the variance, at least ten days prior to the date upon which Council will
consider the matter.
13. Service Levy
(1)
The Authority may require a developer to pay a service levy where development
is made possible or where the density of potential development is increased, or
where the value of property is enhanced by the carrying out of public works either
on or off the site of the development.
16
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton -
Bi de Acm Development Regulations fo r 2017-2027
Approved by Council 25 June 2020
(2)
A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Authority of constructing or improving the public works referred to
in Regulation 13( 1) that are necessary for the real property to be developed in
accordance with the standards required by the Authority and for uses that are
permitted on that real property.
(3)
(4)
A service levy shall be assessed on the real property based on:
(a)
the amount ofreal property benefited by the public works related to all the
real property so benefited; and,
(b)
the density of development made capable or increased by the public work.
The Authority may require a service levy to be paid by the owner of the real
property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real prope1ty commences;
(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
14. Financial Guarantees by Developer
(1)
The Authority may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may be
required to guarantee the payment of service levies, ensure site reinstatement, and
to enforce the carrying out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the fom1
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;
17
Town of Roddickton - Bide Arm Deve lopment Regul a tions for 2017-2027
Approved by Counc~l 25 June 2020
(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 fo1m of financial guarantee that the Authority may approve.
15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, the Authority
may require the dedication of a percentage of the land area of any subdivision or other
development for public use, and such land shall be conveyed to the Authority in
accordance with the provisions of the Act.
16. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Authority may order the developer, the occupier of the site, or the owner or all of them to
reinstate the site, to remove all or any buildings or erections, to cover or fill all wells or
excavations, and to close all or any accesses, or to do any of these things or all of them,
as the case may be, and the developer, occupier or owner shall carry out the order of the
Authority and shall put the site in a clean and sanitary condition to the satisfaction of the
Authority.
17. Form of Application
(1)
An application for a development permit or approval in principle shall be made
only by the owner or by a person authorized by the owner to the Authority on
such form as may be prescribed by the Authority, and every application shall
include such plans, specifications and drawings as the Authority may require, and
be accompanied by the permit fee required by the Authority. The Authority may
authorize payment of the pe,mit fee only upon approval of the application, and
waive the fee if not approved.
(2)
The Authority shall supply to every applicant a copy of the application forms
refeITed to in Regulation 17(1) and a description of the plans, specifications and
18
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm Develop~ent Regulations for 2017-2027
Approved by Council 25 June 2020
drawings required to be provided with the application and any i11formalion or
requirements applicable lo the application.
18. Register of Application
The Authority shall keep a public register of all applications for development, and shall
enter therein the Authority's decision upon each application and the result of any appeal
from that decision.
19. Deferment of Application
( 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. Approval in Principle
( l)
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 fwther application for approval
of these details shall be received not later than two years from the grant of
approval in principle.
19
Town of Roddickton -
Bide Arm De,·elopment Regul a tions for 2017- 2027
Approved by Counc il 25 June 2020
21. Development Permit
(1)
(2)
A plan or drawing which has been approved by the Authority and which bears a
mark and/or signature indicating such approval together with a permit shall be
deemed to be permission to develop land in accordance with these Regulations
but such permission shall not relieve the applicant from full responsibility for
obtainjng permits or approvals under any other regulation or statute prior to
commencing the development; from having the work carried out in accordance
with these Regulations or any other regulations or statutes; and from compliance
with all conditions imposed thereunder.
The Auth01ity may attach to a permit or to approval in principle such conditions
as it deems fit in order to ensure that the proposed development will be in
accordance with the purposes and intent of these Regulations.
(3)
Where the Authority deems necessary, permits may be issued on a temporary
basis for a period not exceeding one year, which may be extended in writing by
the Authority for further periods not exceeding one year.
(4)
(5)
A permit is valid for such period, not in excess of one year, as may be stated
therein, and if the development has not commenced, the permit may be renewed
for a further period not in excess of one year, but a permit shall not be renewed
more than once, except in the case of a permit for an advertisement, which may be
renewed in accordance with Part III of these Regulations.
The approval of any application and plans or drawings or the issue of a permit
shall not prevent the Authority from thereafter requiring the correction of errors,
or from ordering the cessation, removal of, or remedial work on any development
being carried out in the event that the same is in violation of this or any other
regulations or statute.
20
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickt on - Bide Arm De\'el opme nt Regulations fo r 2017-2027
Appr oved by Council 25 June 2020
(6)
(7)
(8)
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 permjt was
issued in error or was issued on the basis of incorrect information.
No person shall erase, alter or modify any drawing or specifications upon which a
pe1mit to develop has been issued by the Authority.
There shall be kept available on the premises where any work, matter or thing in
being done for which a permit has been issued, a copy of the permit and any
plans, drawings or specifications on which the issue of the permit was based
during the whole progress of the work, or the doing of the matter or thing until
completion.
22. Reasons for Ref using Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit,
state in w1iting the reasons for so doing.
23. Notice of Right to Appeal (Refer to Minister 's Development Regulations, Section 5,
January 2, 2001)
Where the Authority makes a decision that may be appealed under section 42 of the Act,
the Authority shall, in writing, at the time of 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 tbe appeal.
24. Appeal Requirements ( Refer to Minister's Development Regulations, Section 6, January 2,
2001)
a) The secretary of the Appeal Board at the Depa1tment of Municipal Affairs and
Environment, Main Floor, Confederation Building (West Block), P.O. Box 8700, St.
21
Town of Roddickton - Bi de Arm Development Regulations for 2017-2027
Appr oved by Council 25 June 2020
John's, Nfld., AIB 416 is the secretary to all Appeal Boards in the province and an
appeal filed with that secretary within the time period referred to in subsection 42(4)
of the Act shall be considered to have been filed with the approp1iate Appeal Board.
b) The fee required under section 44 of the Act shall be paid to the Appeal Board that
hears the decision being appealed by filing it with the secretary referred to in
subsection (1) or (2) withjn the 14 days referred to in subsection 42(4) of the Act.
c) 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.
d) Where an appeal of a decision and the required fee is not received by an Appeal
Board in accordance with this section and Part VI of the Act, the right to appeal that
decision shall be considered to have been forfeited.
25. Appeal Registration (Refer to Minister's Development Regulations, Section 7, January 2,
2001)
(1)
Upon receipt of an appeal and fee as required under the Act and these regulations,
the secretary of the Appeal Board as referred to in subsections 24( l) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the Appeal Board shall
notify the Authority of the appeal and shall provide to the Autholity a copy of the
appeal and the documentation related to the appeal.
(3)
Where the Autholity has been notified of an appeal that Authority shall within
one week of notification forward to the appropriate board a copy oftbe
application being appealed, all correspondence, council minutes, plans and other
relevant information relating to the appeal incluiling 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.
22
I
I
I
I
·1
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm Development Regul a tions for 2017-2027
Approved by Council 25 June 2020
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
26. Development Prohibited (Refer to Minister's Development Regulations, Section 8,
Janua,y 2, 2001)
(1)
Immediately upon notice of the registration of an appeal the Authority shall
ensure that any development upon the property that is the subject of the appeal
ceases.
(2)
Sections 102 and 104 of the Act apply to the Authority acting under subsection
(1 ).
(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
Pursuant to Section 40 of the Urban and Rural Planning Act, 2000, the Minister may, by
order, establish an Appeal Board and shall assign to the Appeal Board a specific area of
the province2 over which it shall have jurisdiction, as outlined in section 40, of the Act.
28. Appeals
Pursuant to Section 42 of the Urban and Rural Planning Act, 2000:
(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 unde1iake a development;
(b) a revocation of an approval or a permit to undertake a development;
(c) the issuance of a stop work order; and
(d) a decision permitted under the Act or another Act to be appealed to the board.
23
Town of Roddickt on - Bide Arm Development Regul a tions for 2017-2027
Appr oved by Counci l 25 June 2020
(2) A decision of the Authority to adopt, approve or proceed with a municipal plan, a
scheme, development regulations and amendments and revisions of them is final and
not subject to an appeal.
(3)
An Appeal Board shall not make a decision that does not comply with the
municipal plan, a scheme and development regulations that apply to the matter
being appealed.
(4)
An appeal shall be filed with the Appeal Board not more than 14 days after the
person who made the original application appealed from has received the decision
being appealed.
(5)
An appeal shall be made in writing and shall include
(a) a summary of the decision appealed from;
(6)
(b) the grounds for the appeal; and
( c) the required fee.
A person or group of persons affected by the subject of an appeal or tbei~
representatives may appear before an Appeal Board and make representations
concerning the matter under appeal.
(7)
An Appeal Board may inform itself of the subject matter of the appeal in the
manner it considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance with the Act
and the municipal plan, scheme and regulations that have been registered under
section 24, of the Act, and having regard to the circumstances and merits of the
case.
(9) A decision of the Appeal Board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
(10)
In determining an appeal, an Appeal Board may confirm, reverse or vary the
decision appealed from and may impose those conditions that the board considers
24
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm De\'elopment Regula t:ions for 2017- 2027
Approuect by Council 25 June 2020
appropriate in the circumstances and may direct the Authority to can-y out its
decision or make the necessai-y 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 ove1rules the
discretionary decision.
(12)
The decision of a majority of the members of an Appeal Board present at the
hearing of an appeal shall be the decision of the Appeal Board.
(13)
An Appeal Board shall, in writing notify the appellant and the appropriate
Authority of the decision of the Appeal Board.
29. Hearing Notice and Meetings (Refer to Minister's Development Regulations, Section 9,
January 2, 2001)
(1)
An Appeal Board shall notify the appellant, applicant, Authority and other
persons affected by the subject of an appeal of the date, time and place for the
appeal not fewer than 7 days before the date scheduled for the hearing of the
appeal.
(2)
An Appeal Board may meet as often as is necessary to conduct its work in an
expeditious manner.
30. Hearing of Evidence
(Refer to Minister's Development Regulations, Section I 0, January
2, 2001)
( 1)
An Appeal Board shall meet at a place within the area under its jurisdiction and
the appellant and other persons notified under regulation 29(1) or their
representative may appear before the Appeal Board and make representations
with respect to the matter being appealed.
(2)
An Appeal Board shall hear an appeal in accordance with section 43 of the Act
and these regulations.
25
Town o f Roddickton - Bide Arm Development Regulations fo r 2017- 2027
Appr oved by Council 25 June 2020
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be considered to have been provided in the same
manner as evidence directly provided at the hearing of the Appeal Board.
( 4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
31. Return of Appeal Fee
Pursuant to Section 44(3) of the Urban and Rural Planning Act, 2000, wh~re an appeal
made by an appellant under section 42 of the Act, is successful, an amount of money
equal to the fee paid by that appellant under regulation 24(b) shall be paid to him or her
by the Authority.
32. Notice of Application
(1)
When a change in non conforming use is to be considered under Regulation 49,
the Authority shall, at the expense of the applicant, give notice of an application
for a permit or for approval in principle, to all persons whose land is in the
immediate vicinity of the land, at least ten days prior to the date upon which
Council will consider the matter.
(2)
When a variance is necessary under Regulation 11, and the Authority wishes to
consider whether to authorize such a variance from development standards the
Authority shall, pursuant to Regulation 12, give written notice of the proposed
variance to all persons whose land is in the immediate vicinity of the land, at least
ten days prior to the date upon which Council will consider the matter.
(3)
When a proposed development is listed as a discretionary use in Schedule C of the
Regulations, and the Authority wishes to consider whether to approve such a
discretionary use, the Authority shall give written notice at the expense of the
applicant of the proposed development to all persons whose land is in the
immediate vicinity of the land, in either case at least ten days p1ior to the date
upon which Council will consider the matter.
26
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickt on - Bi de Arm Develop!Tlent Regula tions for 2017- 2027
Appr ove d by Counci l 25 June 2020
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
canying out of any development, construction, alteration, repair, or any other works
whatsoever which the Authority is empowered to regulate.
34. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to
his knowledge and report that violation to the Authority.
35. Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, the Authority may order that person to stop the development or work
connected therewith pending final adjudication in any prosecution arising out of
the development.
(2)
A person who does not comply with an order made under Regulation 35(1) is
guilty of an offence under the provisions of the Act.
36 Delegation of Powers (Refer to Minister's Development Regulations, Section 18, January 2,
2001)
An Authority shall, where designating employees to whom a power is to be delegated
under subsection 109(2) of the Act, make that designation in writing.
27
Town o f Roddi ckton -
Bide Arm De\·elopment Regul a tions f or 201 7- 2027
Approved by Council 25 June 2020
PARTll-GENERALDEVELOPMENTSTANDARDS
37. Accesses and Service Streets
(1)
Access shall be located to the specification of the Authority so as to ensure the
greatest possible convenience and safety of the street system and the Authority
may prescribe the construction of service streets to reduce the number of accesses
to collector and a1terial streets.
(2)
No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
(3)
A new street may not be constructed except in accordance with and to the design
and specifications laid down by the Authority.
38. Accessory Buildings and Uses
The following requirements shall apply to location and development of structures and
uses in yards, including buildings, fences, and retaining walls:
( 1) Accessory buildings and uses shall be clearly incidental and complementary to the
use of the main buildings in character, use and size, and shall be contained on the
same lot except where specifically exempted in these Development Regulations from
this requirement.
(2) No accessory building or part thereof except for a fence or retaining wall shall project
in front of any building line except as may be prescribed in the use zone tables in
these Regulations.
(3) The sideyard requirements set out in the use zone tables in these Regulations shall
apply, except for fences, and retaining walls, to accessory buildings wherever they are
located on the lot but accessory buildings on two (2) adjoining prope1ties may be built
to property boundaries provided they shall be of fire resistant constmction and have a
common firewall.
( 4) No structure except a fence, or retaining wall or accessory building shall be located in
any yard prescribed in the use zone tables in these Section B Regulations.
28
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm Development Regula tions fo r 2017-2027
Approved by Council 25 June 2020
(5) All side yards shall be kept clear of obstmctions other than fences and retaining walls,
to ensure a pathway of at least one metre in width, to provide access to the side walls
of structures for fire suppression and maintenance and to rear yards for emergency
responders.
(6) Fences may be erected in any yard of any lot subject to the following:
a) they are located no closer than l O metres to the centrelines of the
travelled surfaces of provincial highways, or 8 metres for any other
streets,
b) are entirely located on the lot or directly on the lot lines, except where
yard requirements specify special setbacks for fences;
c) fences in the Residential (RES) Zone shall have a height above finished
grade, including any ornamentation or projections above the general
upper line of the fence, of no more than:
l.
1.25 metres if located between any street line and the actual line of
the main wall(s) of the main building nearest any street line, and
11.
2 metres above finished grade in other cases.
d) in the Residential (RES) Zone, materials of construction shall not
include use of barbed wire or other sharp projections posing a safety
concern.
(7) Retaining walls are pennitted, subject to requirements concerning structural
integrity, aesthetics and safety, as follows:
a) Where a retaining wall is higher than 1.2 metres above finished grade, or
supportive of a building wall, foundation, drainage channel, pit,
embankment, or similar feature, the wall shall be designed by a
professional engineer licensed in the province, said design to include
space for maintenance of both sides of the wall, and said designs to be
subject to approval by the Authority.
b) Banier rails or fences shall be designed and built in compliance with the
National Building Code of Canada, having regard to the height and
29
Town of Roddickcon - Bide Arm Development Regulacions for 2017- 2027
Approved by Council 25 June 2020
angle of the wall and risk of persons, animals or vehicles falling down
the wall.
c) Retaining walls shall be set back from all property boundaries by a
distance of at least the height of the retaining wall and shall not block
line of sight at street intersections.
d) Retaining walls shall not be placed in rights-of-way or street and utility
easements, so as not to interfere with traffic, access to utilities, or proper
drainage of the lot or other properties, whether or not a site grading and
drainage plan was involved in the design of the subdivision or site
design for buildings and land forming.
e) Visible materials of construction shall be aesthetically benign, and not
include gabions or other wire mesh enclosures or facing, or use of rubble
(waste masonry, concrete, asphalt road excavation), demolition debris,
vehicle tires, or similar unsightly material, for facing.
39. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part III of
these Regulations.
40. Buffer Strips
Where any commercial or industrial development permitted in any Use Zone abuts an
existing or proposed residential area, or is separated from it by a road only, the owner of
the site of the industrial development shall provide a buffer strip not less than ten (I 0)
metres wide between any residential area and the commercial or industrial development.
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
saLisfaction of the AulhoriLy.
30
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickcon -
Bi de Arm DevelopmcnL Regula tions for 2017-2027
Appr ove d by Council 25 J une 2020
41. Building Height
The Authority may permit tJ1e erection of buildings of a height greater than that specified
in Schedule C, but in such cases the building line seLback and rear yard requirements
shall be varied as follows:
(1)
The building line setback shall be increased by 2 metres for every I metre
increase in height above the minimum required height.
(2)
The rear yard shall not be less than the minimum building line setback calculated
as described in ( 1) above plus 6 metres.
42. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed
street or service street and may require any new buildings to be located on those building
lines, whether or not such building lines conform to the standards set out in the tables in
Schedule C of these Regulations.
43. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequate in
size to accommodate the number of persons living in the group, inclusive of staff,
provided that in the opinion of the Authority, the use of the dwelling does not materially
differ from, nor adversely affect, the amenities of the adjacent residences, or the
neighbourhood in which it is located. The Authority may require special access and
safety features to be provided for the occupants before occupancy is permitted.
44. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be waived in
the case of antennas, wind turbines, flagpoles, water towers, spires, belfries, or chimneys,
but any such waiver which results in an increase of more than I 0% of the permitted
height of the structure shall only be authorized under the provisions of Regulation L 1 and
with notice given under the provisions of Regulation 12 and 32.
31
Town of Roddickcon - Bide Arm Development Regulations for 2017-2027
Approved by Council 25 June 2020
45. Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be erected or
used unless it complies with the following requirements:
(a)
The structure shall be at least 600 m from a residence, (except a farm
residence or a residence which is a non-conforming use in any zone in
which agriculture is a permitted or discretionary use class in the Use Zone
Tables in Schedule C of these Regulations) or from an area designated as
Residential (RES) on the Zoning Maps, or from a Provincial or Federal
Park.
(b)
The structure shall be at least 60 m from the boundary of the property on
which it is to be erected.
( c)
The structure shall be at least 90 m from the centre line of a street.
(d)
The erection of the structure shall be approved by the Department of
Fisheries and Land Resources and the Department of Municipal Affairs
and Environment.
(2)
No development for residential use shall be permitted within 600 m of a lawfully
existing structure designed to contain more than five animal units unless the
development is first approved by the Department of Fisheries and Land
Resources.
46. Archaeological Resources
Any proposal or application for a development that requires ground disturbance shall be
reviewed by the Authority to determine whether the site may be a site protected under the
Historic Resources Act and if so to be referred to the Provincial Archaeology Office for
assessment and clearance before work commences. Further, should any rutifacts be
discovered during work on any site, work is to stop and the site is to be secured until such
an assessment has been conducted and the Authority has determined what, if any, work
may resume and under what conditions.
32
I
I
I
I
I
I
I
I
I
I
I
I
I
Town o f Roddi ckton -
Bide Arm Development ReQul ations f or 2017- 2027
Approved by Counci l 25 June 2020
47. Lot Area and Size Exceptions
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or othe1wise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage or
lot area that is less than that permitted by these Regulations for the zone in which
such lot is located.
(2)
(3)
Where any part of a lot is required by these Regulations to be reserved as a yard,
it shall continue to be so used regardless of any change in the ownership of the lot
or any part thereot: and shall not be deemed to form part of an adjacent lot for the
purpose of computing the area thereof available for building purposes.
Where, at the time of coming into effect of these Regulations, one or more lots
already exist in any zone, with insufficient frontage or area to permit the owner or
purchaser of such a lot or lots to comply with the provisions of these Regulations,
then these Regulations shall not prevent the issuing of a permit by the Authority
for the erection of a building, provided that the lot coverage and height are not
greater than, and the yards and floor area are riot less than the standards set out in
these Regulations.
48. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of these
Regulations, no building shall be erected unless the lot on which it is situated fronts onto
a street or forms part of any Comprehensive Development Scheme identified in the
Municipal Plan.
49. Non-Conforming Use
(Refer to Minister's Development Regulations, Section 14, 15, 16,
17, January 2, 2001)
Pursuant to Section 108 of the Urban and Rural Planning Act, 2000:
(I )
Notwithstanding the Municipal Plan, scheme or regulations made under the
Urban and Rural Planning Act, 2000, the Authority shall, in accordance with
33
Town of Roddickton -
Bide Arm Development Regula tions fo r 2017-2027
Approved by Council 25 June 2020
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 1ight to resume a discontinued non-conforming
use of land shall not exceed 3 years after the discontinuance of that use.
(3)
A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection (1)
(a)
shall not be internally or externally varied, extended or expanded unless
(b)
otherwise approved by the Authority;
shall not be structurally modified except as required for the safety of the
building, structure or development;
(c)
shall not be reconstmcted 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
would increase the non-conformity and an expansion must comply with
the development standards applicable to that building, structure or
development;
34
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town o f Rodd ickton -
Bi de Arm Development Regula tions for 2017-2027
App r oved by Counci l 25 June 2020
(g)
where the building or strncture is primarily zoned and used for residential
purposes, it may, in accordance with the municipal plan and regulations,
be repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed but the residential building or structure, where being
repaired or rebuilt, must be repaired or rebuilt in accordance with the plan
and development regulations applicable to that building or structure.
(4) Before making a decision to vary an existing use of a non-conforming building,
structure or development, the Authority, at the applicant's expense, shall publish a
notice in a newspaper circulating in the area or by other means give public notice at
least ten days prior to the date upon which Council will consider the matter, of an
application to va1y the existing use of a non-conforming building, strncture or
development and shall consider any representations or submissions received in
response to that advertisement. See Regulation 32.
50. Offensive and Dangerous Uses
N0 building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous
fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or
create any nuisance that has an unpleasant effect on the senses unless its use is authorized
by the Authority and any other Authority having jurisdiction.
51. Hazards to Building
1) Any proposal for the erection of a structure on a site which is potentially subject to
t1ooding, sea level rise, coastal erosion or any other physical hazard near watercourses
and the sea, must be certified by a professional engineer to ensure that development of
the site can take place without danger to health or safety, within a one hundred year time
horizon;
35
Town o f Roddickton - Bide Arm Development Regul a tions for 2017-2027
Appr oved by Counci l 25 J une 2020
2) All development must be above the current 2 metre above mean sea level contour, and set
back at least 30 metres from the seashore to provide a buffer against coastal erosion and
sea level rise, except that the following may be approved at Council's discretion:
a.
stmctures or land uses requiring direct access to salt water, including wharves,
breakwaters, slipways and boathouses, and if approved such are to constructed
and operated in accordance with the Department of Municipal Affairs and
Environment's Guidelines.for the Construction and Maintenance o,f Wharves,
Breakwaters, Slipways and Boathouses;
b. a lesser setback than 30 metres from the seashore, but in no case less than 15
metres, where the proponent can demonstrate that the building(s) would be
founded directly on bedrock rather than on sw-ficial soils, loose rock, or severely
fractured bedrock.
c. public works and utilities;
d. municipal park;
e. mineral exploration.
3) Any proposal for development of a site having a slope in excess of 15% must be certified
by ?. professional engineer as having low risk of landslide, avalanche, and rockfall.
52. Off-Street Parking and Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or established, there
shall be provided and maintained a number of off-street parking spaces sufficient
to ensure that the flow of traffic on adjacent streets is not impeded by the on-street
parking of vehicles associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structw-e, use or
occupancy shall conform to the standards set out in in the "Parking
Requirements" column in the table in Schedule B of these Regulations, the
Classification of Uses of Land and Buildings.
36
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm De,,elopment Regul a tions for 2017-2027
Approved by Council 25 June 2020
(3)
Each parking space, except in the case of single or double dwellings, shall be
made accessible by means of a durably surfaced right-of-way at least 3 min
width. Parking required in a Residential (RES) Zone shall be provided on the
same lot as the main use. 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 metres distant from the use concerned.
(4)
The parking facilities required by this Regulation shall, except in the case of
residential developments in the classes of single dwellings, double dwellings, row
dwellings, boarding houses, seasonal dwellings and mobile homes, be arranged so
that it is not necessary for any vehicle to reverse onto or from a street, except
where specifically exempted by the Authority.
(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 3 m wide by 6 m
long, capable of being used for the parking of a vehicle without the need to move
other vehicles on adjacent areas, and the lanes or aisles in a parking area which
give access to parking spaces shall be at least 6 m wide;
(b)
the parking area shall be constructed and maintained to the specifications
of the Authority;
(c)
the lights used for illumination of the parking area shall be so arranged as
to divert the light away from adjacent development;
(d)
a structure, not more than 3 min height and more than 5 m2 in area may be
erected in the parking area for the use of attendants in the area;
(e)
except in zones in which a service station is a pennitted use, no gasoline
pump or other service station equipment shall be located or maintained on a
parking area;
37
Town of Roddickton - Bide Arm Development Regulations for 2017- 2027
Appr oved by Council 25 June 2020
(6)
(f)
no part of any off-street parking area shall be closer than 1.5 m to the front
lot line in any zone;
(g)
access to parking areas in non-residential zones shall not be by way of
residential zones;
(h)
where a parking area is in or abuts a residential zone, a natural or
structural barrier at least 1 m in height shall be erected and maintained along all
lot lines;
(i)
where, in the opinion of the Authority, strict application of the above
parking requirements set out in a) through h) is impractical or undesirable, the
Authority may as a condition of a pennit require the developer to pay a service
levy in accordance with these Regulations in lieu of the provision of a parking
area, and the full amount of the levy charged shall be used by the Authority for
the provision and upkeep of alternative parking facilities within the general
vicinity of the development.
For every building, structure or use to be erected, enlarged or established
requiring the shipping, loading or unloading of animals, goods, wares or
merchandise, there shall be provided and maintained for the premises loading
facilities on land that is not part of a street comprised of one or more loading
spaces, 15 m long, 4 m wide, and having a vertical clearance of at least 4 m with
direct access to a street or with access by a driveway of a minimum width of 6 rn
to a street, and be so arranged that vehicles can manoeuvre clear of any street and
so that it is not necessary for any vehicle to reverse onto or from a street. The
number ofloading spaces to be provided, if any, shall be determined by the
Authority.
38
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm Development Regul ations for 2017-2027
Appr oved by Council 25 June 2020
53. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and
playgrounds are not located in areas which may be hazardous to their use and are not
operated for 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 tbe 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. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with the
provision of public services and public utilities if the use of that land is necessary to the
proper operation of the public service or public utility concerned provided that the design
and landscaping of any development of any land so used is, in the opinion of the
Authority, adequate to protect the character and appearance of the area.
56. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such purpose,
and to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Accesses shall not be less than 7 metres wide and shall be clearly marked, and
where a service station is located on a corner lot, the minimum distance between
39
Town of Roddickton - Bide Arm Development Regulations for 2017-2027
Appr oved by Council 25 June 2020
an access and the intersection of street lines at the junction shall be 10 metres and
the lot line between entrances shall be clearly indicated.
57. Side Yards
A side yard which shall be kept clear of obstruction shall be provided on the exposed
sides of every building in order to provide access for the maintenance and emergency
response for fire suppression of that building.
58. Removal of Quarry Materials
1) Quarry materials produced as a by-product of an approved development may be removed
from the development site provided that royalties are paid to the province as required by
the Quarry Materials Act, 1998. Materials removed for site preparation to construct a
building, including topsoil, overburden, and rock may be retained or re-used on the
development site (no royalties due) or removed from the site (royalties due). Quarry
materials include but are not limited to aggregate, fill, rock, stone, gravel, sand, clay,
bon-ow material, topsoil, overburden, subsoil, and peat.
2) In order to ensure that royalties due to the province are paid, the Authority will notify the
Department of Natural Resources where the Authority becomes aware that removal of
quarry materials is taking place or may take place.
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 seif-contained
dwelling.
60. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to
sati:;fy 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.
40
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickt on - Bide Arm Development Regi;lati ons for 2017- 2027
Appr oved by Council 25 June 2020
61. Zero Lot Line and Other Comprehensive Development; Flag Lot Requirements
(1)
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.
(2)
Development on a flag lot is permitted provided that the requirements in the Use
Zone in which it is located for lot area are satisfied in the main body of the flag
lot, and that the minimum interior dimension of the main body of the flag lot is at
least the minimum frontage required. The location of a main or accessory
building on a flag lot shall provide for yards in the main body of the lot of at least
the dimensional minimum requirements of the building line setback, side yard
widths, and rear yard depths ordinarily required in the subject Use Zone, as if the
main body of the flag lot were an ordinary lot where most or the whole width of
the lot abuts the street. Whereas the ordinary meanings of side, front and rear
yards are not relevant to a flag lot, any yard in a flag lot can be deemed the front,
side or rear yard for this pmpose.
In a flag lot, the minimum width of the leg or prolongation which provides access
to a street shall be 5 metres at every point along its length, including the lot
boundary where the flag lot fronts directly on a street. Where the full 5 metre leg
width cannot be provided in the area of the leg of the flag lot, by reason of limited
space between lot lines and existing structmes or other physical featw-es, all or
part of the required leg width may be provided in the form of a perpetual license
or easement for vehicular and pedestrian access in favour of the flag lot, across
the abutting land. The said license or easement shall not be deemed for the
purpose of Section 47 this Development Regulation to be an alienation or
41
Town of Roddickton -
Bide Arm De\·elopment Regulations for 2017 - 2027
Approved by Council 25 June 2020
conveyance having the effect of reducing the lot area of the abutting lot. The leg
width, including any part of it which may be provided in the form of the said
license or easement, may be reduced as a variance pw-suant to the provisions for
variances in these Development Regulations. The requirement of Regulation 48
shall apply to flag lots, in that the leg or prolongation, including any part of it
which may be provided in the form of the said license or easement, shall abut
directly upon a street.
(3)
Where permitted, boat sheds, boat houses, wharves and stages may be built to any
lot line which corresponds to the high water mark. Requirements for other yards
shall continue to apply.
42
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town o f Roddickton -
Bide Arm Development Regul ations for 2017- 2027
Approved by Council 25 June 2020
PART IlI-ADVERTISEMENTS
62. Permit Required
Subject to the provisions of Regulation 67, no adve11isement shall be erected or
displayed in the Planning Area unless a permit for the advertisement is first obtained
from the Authority. A permit for erection or display of advertisement on Provincial
Highways shall be obtained from the appropriate department of the Govemment of
Newfoundland and Labrador.
63. Form of Application and Permit
Application for a permit to erect or display an advertisement shall be made to the
Authority in accordance with Regulation 17. 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.
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. Standards of Construction and Location
Advertisements, including all parts of the structure, shall be made of durable construction
and attractive materials of construction and display, and shall be maintained in good
repair and finish. The location, siting, construction and illumination of each
advertisement shall be to the satisfaction of the Authority, having regard to the grade and
alignment of streets, the location of sheet junctions, the location of nearby buildings and
the preservation of the amenities of the surrounding area.
43
Town of Roddickton - Bide Arm De\·elopment Regula tions for: 2017-2027
Appr:oved by Counc~l 25 June 2020
66. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the
removal of any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination, or structural
condition,
(b)
obsolete by virtue of no longer referring to an existing place or event;
(c)
detrimental to the amenities of the surrounding area.
67. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Authority, but the Authority may at its discretion approve larger
advertisement areas which may be subject to conditions directed by the Authority:
(a)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
0.2 m2 in area;
(b)
on an agricultural holding or farm, a notice board not exceeding 1 rn2 in area and
relating to the operations being conducted on the land;
(c)
on land used for forestry purposes, signs or notices not exceeding 1 m2 in area and
relating to forestry operations or the location of logging operations conducted on
the land;
(d)
on land used for mining or quarrying operations, a notice board not exceeding 1
m2 in area relating to the operation conducted on the land;
(e)
on land used for professional practice(s), one nameplate not exceeding 0.2 m2 in
area in connection with the practice of a professional person carried on at that lot;
(t)
on any site occupied by a church, school, library, art gallery, museum, institution
or cemetery, one notice board not exceeding 1 m2 in area;
44
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickt on - Bide Arm Developmer.t Regul a::ions for 2017-2027
Approved by Council 25 June 2020
(g)
on the principal facade of any commercial, industrial or public building, the name
of the building or the name of the occupants of lhe building, in letters not
exceeding one-tenth of the height of that facade or 3 m, whichever is the lesser;
(h)
on any parking lot directional signs and one sign not exceeding I m2 in size,
identifying the parking lot.
68. Approval Subject to Conditions
A pem1it 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 erection
or display of advertisements on a building or within the courtyard of a building or on a
parcel of land, the use of which is a non conforming use, provided that the advertisement
does not exceed the size and type of advertisement which could be permitted if the
development was in a Use Zone appropriate to its use, and subject to any other conditions
deemed appropriate by the Authority.
45
Town of Roddickton - Bide Arm Development Regulations for 2017-2027
Appr oved by Council 25 J une 2020
PART IV-SUBDIVISION OF LAND
70. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of
the subdivision is first obtained from the Authority.
71. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Authority have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system. Private water supplies and/or private sewage disposal systems shall not
be recognized by the Authority unless the requisite Certificate of Approval has been
granted by the provincial government authorities.
72. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Authority for connection to services,
utilities and streets deemed necessary for the proper development of the subdivision, and
all service levies and other charges imposed under Regulations 13 and 14.
73. Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the development of a
subdivision does not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. In considering an application, the Authority shall,
without limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for schools, services, and utilities;
( c)
the provisions of the Municipal Plan and Regulations affecting the site;
(d)
the land use, physical form and size of buildings anticipated to be developed on
the new lots and the character of adjacent developments related the same factors;
46
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddi c kton - Bi de Arm Developmen t: Regula t ions fo r 2017-2027
Appr oved by Council 25 J une 2020
(e)
the transportation network and traffic densities affecting the site;
(f)
(g)
the relationship of the project to existing or potential sources of nuisance;
topography, soil and subsoil characteristics of each lot, and the related difficulty
or cost of landscaping and access;
(h)
the drainage of the site and potential for affecting drainage of adjacent land;
(i)
natural features such as lakes, streams, topsoil, trees and shrnbs;
(j)
(k)
(1)
prevailing winds;
visual quality;
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
74. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate permit shall
be obtained pursuant to these Development Regulations for each building proposed to be
erected in the area of the subdivision, and no such pe1mit 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.
47
Town of Roddickton -
Bide Arm Devel opmen t Regulations for 2017- 2027
Approved by Council 25 June 2020
77. Building Lines
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines. In the case of any flag lots which would be
created in the subdivision, the building lines will not necessaiily be parallel to the street
line but will reflect the appropriate orientation of buildings and yards in the main body of
the flag lot(s).
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 dwelliag unit per-
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 provision~ 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 beneficial purpose;
( d)
the Authority may accept from the developer in lieu of such area or areas
of land the payment of a sum of money equal to the value of the land
which would otherwise be required to be dedicated;
(e)
money received by the Authority in accordance with Regulation 78( 1 )( d)
above, shall be reserved by the Authority for the purpose of the acquisition
or development of land for public open space or other public purpose.
48
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town o f Roddickton - Bide Arm Development Hegulations for 2017-2027
Approved by Council 25 June 2020
(2)
(3)
Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Authority and may be sold or leased by the Authority for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall be
applied against the cost of acquisition or development of any other land for the
purposes of public open space or other public purposes.
The Authority may require a strip ofland to be reserved and remain undeveloped
along the banks of any river, brook or pond, or across or along the boundary( s) of
the area being subdivided or any other area in the Planning Area, or any
combination thereof, and this land may, at the discretion of the Authority,
constitute the requirement ofland for public use under Regulation 78(1).
79. Structure in Street Reservation
The placing within any street reservation of any structure (for example, an electrical
power, telegraph or telephone pole, fire hydrant, mail box, fire alarm, or sign post) shall
receive the prior approval of the Authority which shall be satisfied on the question of safe
constrnction and relationship to the adjoining buildings and other structures within the
street reservation.
80. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations
unless the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter of not less
than 30 m.
( c)
The maximum length of any cul de sac shall be:
(i)
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
49
Town of Roddickt on - Bide Arm Development Regulations for 2017- 2027
Approved by Council 25 June 2020
the Authority and the Minister of Municipal Affairs and Environment in
connection with municipal 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.
(g)
All street intersections shall be constructed within 5 degrees of a right angle and
this alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(i)
No more than four streets shall join at any street intersection.
(j)
No street block in the Residential (RES) Zone shall be longer than 490 m between
street intersections.
(k)
Streets in subdivisions shall be designed in accordance with the approved
standards of the Authority, but in the absence of such standards, shall conform to
the following minimum standards:
Type of Street
Street
Pavement
Sidewalk
Sidewalk
Reser-
Width
Width
Number
vation
Arterial and Collector
15 m
15 m
1.5 m
discretion
Street extensions: all
of Council
provincial highways
All Other Streets:
15 m
9m
1.5 m
1
50
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton -
Bi.de Arm Development Regulations for 2017-2027
Appr oved by Counci l 25 June 2020
(l)
No lot intended for residential purposes shall have a depth exceeding four times
the frontage except where topography or unusual dimensions of the lot being
subdivided make this impractical.
(m)
Residential lots shall not be permitted which abut a local street at both front and
rear lot lines unless the circumstance is beyond the control of the proponent.
(n)
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, and each lot shall be laid out so as to maximize the usefulness of
the land to the eventual occupant, with regard to positioning of buildings,
driveways, and outdoor storage and activity areas, and street reserves of
regulation width and configuration shall be left to provide connections to future
streets on adjacent lands as directed by the Authority.
(p)
(q)
No more than two legs or prolongations of flag lots shall abut at the street line.
A lot to be created for an existing cemetery use or expansion thereof may be of
any size and the requirements for access to a public street and for dedication for
public open space shall be waived.
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
51
Town of Roddickton - Bide Arm Deve lopment Regul a tions for 2017-2027
Approved by Council 25 June 2020
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 Autho1ity's discretion,
be deferred until a later stage of the work on the development of the subdivision but the
developer shall deposit with the Authority before approval of his application, an amount
estimated by the Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the work of development, the Authority
shall call for tenders for the work of construction and installation of the works, and the
amount so deposited by the developer shall be applied towards payment of the contract
cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the
amount of the excess. If the contract price is less than the deposit, the Aud10rity 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.
52
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm Development Regu l a tions for 2017-2027
Appr oved by Council 25 June 2020
84. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land and upon request
(2)
(3)
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 and storm drainage systems installed in the
subdivision that are normally owned and operated by the Authority.
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.
The Authority shall not provide maintenance for any street, service or public work in any
subdivision until such time as such street, service or public work has been
transferred to and accepted by the Authority.
85. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Authority is
satisfied that:
(a)
the lot can be served with satisfactory water supply and sewage disposal systems,
and;
(b)
satisfactory access to a street is provided for the lots.
53
Town of Roddi c kt on - Bi de Arm Development Regu l a tions f or 2017-2027
Appr oved by Council 25 June 2020
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 grcupings, once approved by the Authority, shall not be changed without
written application to and subsequent approval of the Authority.
54
I
I
I
I
I
I-
I
I
I
I
I
I
I
I
I
I
Town of Roddickt on -
Bi de Ar:m Development Regulations fer 2017-2027
Appr oved by Council 25 June 2020
PART V - USE ZONES
87. Use Zones
(2)
(l)
For the purpose of these Regulations, the Planning Area is divided into Use Zones
which are shown on the Land Use Zoning Maps 1 and 2, attached to and forming
part of these Regulations.
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, detennine
the standards, requirements and conditions which shall apply.
88. Use Groups, Divisions and Classes
The specific uses to be included in each Use Group, Division and Class set out in the Use
Zone Tables in Schedule C shall be determined by the Authority in accordance with the
classification and examples set out in Schedule B. The examples do not constitute the
whole range of possibilities which may be found in their respective classes.
89. Permitted Uses
(1)
Subject to these Regulations, the uses that fall within the Permitted Use Groups,
Divisions, and Classes set out in the appropriate Use Zone Table in Schedule C
shall be permitted by the Authority in that Use Zone.
(2)
Where the permitted use is expressed by the title of a "Group" shown in Schedule
B, all of the uses in the divisions and classes of uses under that title shall be
pennitted, and likewise where the permitted use is expressed by the title of a
"Division" shown in Schedule B, all of the uses in the classes of uses under that
title shall be permitted.
I
55
I
Town of Roddickton - Bi de Arm Development Regulations fo r 2017-2027
Appr oved by Council 25 June 2020
90. Discretionary Uses
(1)
Subject to these Regulations, the uses that fall within the Discretionary Use
Classes set out in the appropriate Use Zone Table in Schedule C may be permitted
in that Use Zone if the Authority is satisfied that the development would not be
contrary to the general intent and purpose of these Regulations, the Municipal
Plan, or any further scheme or plan or regulation pursuant thereto, and to the
public interest, and if the Authority has given notice of the application in
accordance with Regulation 32 and has considered any objections or
representations which may have been received on the matter.
(2)
Where the discretionary use is expressed by the title of a "Group" shown in
Schedule B, all of the uses in the divisions and classes of uses under that title may
be permitted, and likewise where the discretionary use is expressed by the title of
a "Division" shown in Schedule B, all of the uses in the classes of uses under that
title may be pe1mitted, subject to the provisions of subsection (1).
91. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in the
appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use Zone.
56
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton -
Bi de Arm Development Regulations fer 2017-2027
Appr oved by Counci l 25 J une 2020
SCHEDULE A
DEFINITIONS
ACCESS: A way used or intended to be used by vehicles, pedestrians or animals in order to go
from a street to adjacent or nearby land or to go from that land to the street. (Refer to Minister's
Development Regulations, Janua,y 2, 2001)
ACCESSORY BUILDING:
(i)
(ii)
(iii)
(iv)
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,
for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for
domestic pets or radio and television antennas,
for commercial uses, workshops or garages, and
for industrial uses, garages, offices, raised ramps and docks.
(Refer to Minister's Development Regulations, January 2, 2001)
ACCESSORY USE: A use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use. (Refer to Minister's
Development Regulations, January 2, 2001)
ACT: The Urban and Rural Planning Act, 2000.
ADVERTISEMENT: Any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part for
the purposes of advertisement, announcement or direction; excluding such things employed
wholly as a memorial, or functional advertisement of Councils, or other local authorities, public
utilities and public transpo1i undertakers, and including any boarding or similar structure used or
adapted for use for the display of advertisements.
57
Town of Roddic kt on - Bide Arm Deve l opment Regul a t i ons for 2017-2027
Approved by Council 25 June 2020
AGRICULTURE: Horticulture, fruit growing, grain growing, seed growing, dairy farming, the
breeding or rearing of animals for pet or commercial uses including raising of livestock or any
other creature kept for the production of food, wool, skins, or fur, or for the purpose of its use in
the farming of land, the use of land as grazing land, meadow land, osier land, market gardens and
nursery grounds and the use of land for woodlands where that use is ancillary to the farming of
land for any other purpose. "Agricultural" shall be constrned accordingly.
AMUSEMENT USE: The use of land or buildings equipped for the playing of electronic,
mechanical, or other games and amusements including electronic games, pinball games and slot
machine arcades and billiard and pool halls.
ANIMAL UNIT: Any one of the following animals or groups of animals:
1 bull;
1 dairy cow;
2 heifers;
2 beef cattle;
5 calves, veal or otherwise;
1 sow in farrow to finish operation (3 sows if under 150 kg live weight);
6 hogs;
3 boars;
150 female mink (including associated males and kits);
200 rabbits;
40 foxes;
7 goats;
1 horse (including foal);
8 sheep--ewes (16 lambs);
I 25 laying hens;
500 turkeys, ducks, geese (based on 2,268 kg live weight= I unit).
I 000 broiler chickens or roosters ( 1.8 - 2.3 kg each);
4 dogs.
58
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddi c kt on - Bide Arm Development Regul a tions for 2017-2027
Appr oved by Counc i l 25 June 2020
ANTENNA: A structure comprising a mast or tower which is either self supporting or stayed
with anchored guy wires or both, erected for the purpose of receiving or transmitting
electromagnetic signals, wherein antennae which are shorter than 15 metres in height are classed
as "3ho1t", those taller as "tall".
APARTMENT BUILDING: A building containing three or more dwelling units, but does not
include a row dwelling.
APPLICANT: A person who has applied to an Authority for an approval or pennit to carry out
a development.
APPEAL BOARD: The appropriate Appeal Board established under the Act.
ARTERIAL STREET: The streets in the Planning Area constituting the main traffic arteries of
the area and defined as arterial streets or highways in the Municipal Plan or on the Zoning Map.
AUTHORITY: The Town Council of Roddickton - Bide Arm.
BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons
other than the immediate family of the owner or tenant.
BOAT SHED or BOAT HOUSE or STAGE or WHARF: a building or structure located on
land or in the water, at the edge of a water body, and used to house or berth boats and to store
related gear and equipment.
BOAT HOUSE: see Boat Shed
BUILDING: Every structure, erection, excavation, alteration or improvement whatsoever placed
on, over or under land, or attached, anchored or moored to land, and includes mobile structures,
vehicles and marine vessels adapted or constructed for residential, commercial, industrial and
other like uses, and any part of a building as so defined and any fixtures that form pa1t of a
building.
BUILDING HEIGHT: The vertical distance, measured in metres from the established grade to
the
(i)
highest point of the roof surface of a flat roof,
59
Town of Roddic kton - Bide Arm Devel opment Regula tions for 2017-2027
Appr oved b y Council 25 Jt'.ne 2020
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or gambrel roof, and in
any case, a building height shall not include mechanical strncture, smokestacks,
steeples and purely ornamental structures above a roof. (Refer to Minister's
Development Regulations, January 2, 2001)
BUILDING LINE: A line established by an Authority that runs parallel to a street line and is set
at the closest point to a street that a building may be placed. (Refer to Minister's Development
Regulations, Janua,y 2, 2001)
BUILDING LINE SETBACK: see Front Yard Depth.
COLLECTOR STREET: A street that is designed to link local streets with a1terial streets and
which is designated as a collector street in the Municipal Plan, or on the Zoning Map.
CONVENIENCE STORE: A small retail store that carries limited lines of goods, such as a
partial line of groceries, housewares, and clothing; gifts; speciality items; and, other goods, and
which has a floor area dedicated to retail sales (including storage area) not exceeding 100 square
metres ..
DAYCARE CENTRE or DAY NURSERY: A building or part of a building in which services
and activities are regularly provided to children of pre-school age during the full daytime period
as defined under the Day Nurseries Act, but does not include a school as defined by the Schools
Act.
DEVELOPMENT: The carrying out of any building, engineering, mining or other operations
in, on, over, or under land, or the making of any material change in the use, or the intensity of
use of any land, buildings, or premise and without limiting the generality of the foregoing, shall
specifically include:
(a)
the making ofan access onto a highway, road or way;
(b)
the erection of an advertisement or sign;
60
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town vf Roddickton - Bi de Arm De vel opmen t Regula tions :or 2017- 2027
Appr oved b y Council 25 June 2020
(c)
(d)
the parking of a trailer, or vehicle of any description used for the sale of refreshments or
merchandise, or as an office, or for living accommodation, for any period of time;
and shall exclude:
the canying out of works for the maintenance, improvement or other alteration or any
building, being works which affect only the inte1ior of the building or which do
not materially affect the external appearance or use of the building;
( e)
the canying out by a highway Authority of any works required for the maintenance or
(f)
(g)
improvement of a road, being works carried out on land within the boundaries of
the road reservation;
the canying out by any local Authority or statutory undertakers of any works for the
purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or
other apparatus, including the breaking open of any street or other land for that
purpose;
the use of any building or land within the courtyard of a dwelling house for any purpose
incidental to the enjoyment of the dwelling house as such.
DEVELOPMENT REGULATIONS: Regulations respecting development that have been
enacted by the relevant Authority.
DISCRETIONARY USE: A use that is listed within the discretionary use classes established in
the use zone tahles of an Authority's development regulations. (Refer to Minister's Development
Regulations, January 2, 2001)
DIRECTOR: The Director of Urban and Rural Planning or successor official.
DOUBLE DWELLING: A building containing two dwelling units, placed one above the other,
or side by side, but does not include a self-contained dwelling containing a subsidiary apartment.
DWELLING UNIT: A self-contained unit consisting of one or more habitable rooms used or
designed as the living quarters for one household.
ENGINEER: A professional engineer employed or retained by the Authority.
61
Town of Roddickt on -
Bide Arm Development Regula tions for 2017-2027
Appr oved by Council 25 June 2020
ESTABLISHED GRADE:
(i)
(ii)
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
where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure, exclusive of
any artificial embankment or entrenchment. (Refer to Minister 's Development
Regulations, Janua,y 2, 2001)
FAMILY AND GROUP CARE CENTRE: A dwelling accommodating up to but no more than
six (6) persons exclusive of staff in a home-like setting. Subject to the size limitation, this
definition includes, but is not limited to, facilities called "Family and Group Homes", "Group
Homes", "Halfway Houses", and "Foster Homes" and is classified in the Classification Table in
Schedule B as "Family & Group Homes".
FLAG LOT: A lot characterized by a shape in which the lot's main body of land is located some
distance from a street, typically lying behind other lots located along the street line, and in which
the main body of the lot is joined to the street by a narrower leg or prolongation which is part of
the flag lot; an easement or right of way across another lot so as to gain access to a street does
not create a flag lot. A flag lot is so named because its shape in a simple rectangular
configuration resembles a flag on a pole, where the main body of the lot is separated from the
street and access to the street is along the part of the lot having the narrow pole shape (the street
lies at the foot of the pole). The "pole" or narrow leg or prolongation lying between the main
body of the lot and the street may be of any configuration, not necessarily of uniform width; the
62
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickt:on -
Bide Arm Development Regula::i ons for 2017-2027
Appr oved by Counci l 25 June 2020
minimum width thereof is stated in Regulation 61. To illustrate the concept:
RECTANGULAR SHAPE
a
r .-.-. ..
, lot
b lot ; lot
STREET
a: main body of the flag lot
IRREGULAR SHAPE
: lot
lot
STREET
b: leg or prolongation of the flag lot to
provide access to a street
FLOOR AREA: The total area of all floors in a building measw-ed to the outside face of
exterior walls. (Refer to Minister ·s Development Regulations, Januaty 2, 2001)
FRONTAGE: The horizontal distance between side lot lines measured at the building line.
(Refer to Minister's Development Regulations, January 2, 2001)
FRONT YARD DEPTH: The distance between the front lot line of a lot and the front wall of
the main building on the lot. This has the same meaning as "building line setback" as used in the
use zone tables.
GARAGE: A building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GENERAL INDUSTRY: The use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, packing, canning, preparing, breaking up,
63
Town of Roddickton - Bide Arm Development Regula tions for 2017-2027
Appr oved by Council 25 June 2020
demolishing, or treating any article, commodity or substance. "Industry" shall be construed
accordingly.
GENERAL GARAGE: Land or buildings used exclusively for repair, maintenance and storage
of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY: The use of land or buildings for industrial purposes involving the
use of materials or processes which because of their inherent characteristics, constitute a special
fire, explosion, radiation or other hazard.
INSPECTOR: Any person appointed and engaged as an Inspector by the Authority or by any
federal or provincial Authority or the agent thereof.
INSTITUTION: A building or part thereof occupied or used by persons who:
(a)
are involuntarily detained, or detained for penal or c01Tectional purposes, or whose
liberty is restiicted, or;
(b)
require special care or treatment because of age, mental or physical limitations or
medical conditions.
LAND: Includes land covered by water, and buildings and structures on, over, or under the soil
and fixtures that form part of these buildings and structmes.
LIGHT ll'iDUSTRY: Use of any land or buildings for any general industrial use that can be
carried out without hazard or intrusion and without detriment to the amenity of the surrounding
area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
LOCAL STREET: A street designed primarily to provide access to adjoining land and which is
not designated as a collector street or arterial street in the Municipal Plan, or on the Zoning Map.
LODGING HOUSE: A dwelling in which at least 2 rooms are regularly rented to persons other
than the immediate family of the owner or tenant.
LOT: Any plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building. (Refer to Minister's Development Regulations, January 2, 2001)
64
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddick~on -
Bide Arm De,·elopme nt Regul a tions for 201 7- 2027
Appr oved by Council 25 June 2020
LOT AREA: The total horizontal area within the lot lines of the lot. (Refer to Minister's
Development Regulations, January 2, 2001)
LOT COVERAGE: The combined area of all buildings on the lot measured at the level of the
lowest floor above the established grade expressed as a percentage of the total area of the lot.
(Refer to }vfinister 's Development Regulations, January 2, 2001)
MINERAL EXPLORATION: Land or buildings used in the search for naturally occurring
minerals or other substances by means of prospecting, drilling sampling holes, excavation of test
pits or trenches, taking of samples for on-site and off-site testing, geophysical data generation
through seismic testing, land surveying and staking of claims in relation thereto, or by other
exploratory means.
MINERAL WORKING: Land or buildings used for the working or extraction of any naturally
occurring mineral or other substance
MOBILE HOME: A transportable factory-built single family dwelling unit:
(a)
which complies with space standards substantially equal to those laid down in the
(b)
Canadian Code for Residential Construction and is in accordance with the
construction standards laid down and all other applicable Provincial and
Municipal Codes and;
which is designed to be:
(i)
(ii)
transported on its own wheels and chassis to a mobile home lot, and subsequently
supported on its own wheels, jacks, posts or piers, or on a permanent
foundation, with or without the wheels left attached, and;
connected to exterior public utilities approved by the Authority, namely, piped
water, piped sewer, electricity and telephone, in order for such mobile
home unit to be suitable for year round term occupancy.
MOBILE HOME PARK: A mobile home development under single or joint ownership, cared
for and controlled by a mobile home park operator where individual mobile home lots are rented
65
Town of Roddickt on - Bide Arm De ve l opment Regulations for 2017- 2027
Approved by Counci l 25 June 2020
or leased with or without mobile home units placed on them and where ownership and
responsibility for the maintenance and development of site facilities including underground
services, access roads, communal areas, snowclearing and garbage collection, or any of them, are
the responsibility of the mobile home park management, and where the mobile home
development is classified as a mobile home park by the Authority.
MOBILE HOME SUBDIVISION: A mobile home development requiring the subdivision of
land whether in single or joint ownership into two or more pieces or parcels of land for the
purpose of locating thereon mobile home units under either freehold or leasehold tenure anci
where the maintenance of streets and services is the responsibility of a municipality or public
Authority, and where the mobile home development is classified as a mobile home subdivision
by the Authority.
NON-CONFORMING USE: means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone. (R~fer to Minister's Development Regulations, Janua,y 2, 2001)
OWNER: means a person or an organization of persons owning or having the legal right to use
the land under consideration. (Refer to Minister's Development Regulations, January, 2, 2001)
PARKING AREA: means an open area containing parking spaces and any interior aisles and
lanes necessary for parking and movement of motor vehicles.
PARKING SPACE: means a space exclusive of any driveways or interior aisles or lanes, upon
which one motor vehicle may be parked .
PERMITTED USE: means a use that is listed within the permitted use classes set out in the use
zone tables of an Authority's development regulations. ( Refer to Minister's Development
Regulations, January 2, 2001)
PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working.
66
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton -
Blde Arm De,·e l opment Regul a tions for 2017-2027
Appr oved by Council 25 June 2020
PROHIBITED USE: means a use that is not listed in a use zone within the permitted use classes
or discretionary use classes or a use that an Authority specifies as not pemutted within a use
zone. (Refer to Minister ·s Development Regulations, Janua,y 2, 2001)
REAR YARD DEPTH: means the distance between the rear lot line and the rear wall of the
main building on the lot. (Refer to Minister 's Development Regulations, January 2, 2001)
RESTAURANT: A building or pait thereof, designed or intended to be used or occupied for the
purpose of serving the general public with meals or refreshments for consumption on the
premises.
ROW DWELLING: Three or more dwelling units at ground level in one building, each unit
separated vertically from the others.
SEASONAL RESIDENCE: A dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
SERVICE STATION: Any land or building used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of motor
vehicles.
SERVICE STREET: A street constructed parallel to or close to another street for the purpose of
limiting direct access to that street.
SHOP: A building or part thereof used for retail trade wherein the primary purpose is the selling
or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of
retail services but does not include an establishment wherein the primary purpose is the serving
of meals or refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE: A group of shops and complementary uses with integrated parking and
which is planned, developed and designed as a unit containing a minimum of 5 retail establish-
ments.
67
Town of Roddi c kt on -
Bide Arm Devel opment Regul ations for 2017- 2027
Appr oved by Council 25 J une 2020
SHOWROOM: A building or part of a building in which samples or patterns are displayed and
in which orders may be taken for goods, wares or merchandise, including vehicles and
equipment, for later delivery.
SIDE YARD DEPTH: means the distance between a side lot line and the nearest side wall of
any building on the lot. (Refer to Minister ·s Development Regulations, January 2, 2001)
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 adve1iisements.(Re/er to Minister 's Development Regulations, January 2, 2001)
STAGE: see Boat Shed
STREET: means a street, road, highway or other way designed for the passage of vehicles and
pedestrians and which is accessible by fire department and other emergency vehicles. (Refer to
Minister's Development Regulations, January 2, 2001)
STREET LINE: means the the edge of a street reservation as defined by the Authority having
jurisdiction. (Refer to Minister's Development Regulations, January 2, 2001)
SUBDMSION: The dividing of any land, whether in single or joint ownership, into two or
more pieces for the purpose of development.
SUBSIDIARY APARTMENT: A separate dwelling unit constructed within and subsidiary to a
self-contained dwelling.
TAKE-OUT FOOD SERVICE: A building in which the primary purpose is the preparation and
sale of meals or refreshments for consumption off the premises.
TAVERN: Includes a nightclub and means a building licensed or licensable under the Liquor
Control Act wherein meals and food may be served for consumption on the premises and in
which ente1tainment may be provided.
68
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickt on - Bide Arm Development Regul ations for 2017- 2027
Appr oved by Council 25 June 2020
USE: means a building or activity situated on a lot or a development permitted on a lot. (Re.fer to
Minister's Development Regulations, January 2, 2001)
USE ZONE or ZONE: means an area of land including buildings and water designated on the
zoning map to which the uses, standards and conditions of a paiticular use zone table apply.
(Refer to Minister 's Development Regulations, January 2, 2001)
VARIANCE: means a departure, to a maximum of I 0% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use Zone
Table of the Authority's regulations. (Re.fer to Minister's Development Regulations, January, 2,
2001)
WHARF: see Boat Shed
WIND ENERGY SYSTEM or WIND TURBINE: means a mechanical system for the
conversion of wind energy to useful electrical or mechanical energy; a typical wind energy
system consists of a tower or mast supporting a rotating apparatus including a rotor, generator
and mechanical drives, and ancillaiy devices related to the control and maintenance of the
system. A tower supported wind turbine is self-supporting whereas a mast is stayed with guy
wires; for the purpose of these Regulations, the words "tower" and "mast" are used
interchangeably. A wind turbine wherein the tower is shorter than 15 metres in height is classed
as "short", those taller as "tall".
ZONING MAP: The map or maps attached to and forming part of the Authority's regulations.
(Refer to Minister 's Development Regulations, January 2, 2001)
69
Town of Roddicl<ton -
Bide Arm Developmen t Regulations for 2017-2027
Approved by Council 25 June 2020
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
The classification of uses set out in the following table is based on the Classification of Typical Occupancies included
as Table 3.1.2.A of the National Building Code of Canada, 1980, modified by a) adding the class and examples for
Mineral Exploration, b) the examples of Campgrounds and Recreational Vehicle Parks in the class of Seasonal
Residential, c) to expand the class title of Antenna by adding "or Wind Turbines", and add an example of Wind turbine
therein, and, d) add the example of Trails in the class of Recreational Open Space. This classification is referred to in
Regulation 87.
PARKJNG
GROUP
DIVISION
CLASS
EXAMPLES
REQUlREMENT
(NUMBER OF
SPACES)
A.ASSEMBLY
I.
Assembly Uses for
(a) Theatre
Motion Picture Theatres
USES
the production and
T.V. Smdios admitting an audie-
I space for every
viewing of
the per-
nee.
five seats or if no
fo1ming arts.
seats, I space for
2.
General Assembly
(a) Culrw-al
Libraries
each I 00 square
Uses
and Civic
Museums
metres of floor
Art Galleries
area devoted to
Court Rooms
public occupancy
Meeting Rooms
Council Chambers
(b} General
Community Halls
Assembly-halls and active
Lodge Halls
exercise uses
Dance Halls
Gymnasia
Auditoria
Bowling Allevs
(c) Educational
Schools
Lesser of 2 spaces
Colleges
for each
(non- residential)
classroom or 25
(d) Child Care
Day Care Centres
students
(e) Place of
Churches and similar places of
I space for every
Worship
worship.
five seats or if no
Church Halls
scats, I space for
(I) Passeugcr
Passcugcr Tcnninals
each I 00 square
Assembly
metres of floor
area devoted to
(g) Club and
Private Clubs and
pub lie occupancy
Lodge
Lodges (non-residential)
(h} Catering
Restaurants
Bars
Taverns
(i) Funeral
Funeral Homes and Chapels
Home
li) Amusement
Electronic Games
Arcades
Pinball Parlours
Poolrooms
70
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town o f Roddi ckt on -
Bide Arm De~elopme nt Regul a tio ns f er 2017- 2027
Appr oved b y Co uncil 25 June 2020
GROUP
DIVISION
CLASS
EXAMPLES
A.
3. Arena-type
(a) Indoor
Arenas
ASSEMBLY
Us.:s
Assembly
ArmOLtries
USES
Ice Rinks
( continued)
Indoor Swimming
Pools
4. Open-air
(a) Outdoor
Bleachers
Assembly Uses
Assembly
Grandstands
Outdoor Ice Rinks and
Swimming Pools
Amusement Parks and fair-
grounds
Exhibition
Grounds
Drive-in Theatres
B. INSTITU-
I. Penal and
(a) Penal and
Jails
T!ONAL
Correctional
Correctional
Penitentiaries
USES
Institutional
Detention
Police Stations (with detention
Uses
quarters)
Prisons
Psychiatric
Hospitals (with
detention quaners)
Refonnatories
2. Special Care
(a) Medical
Children's Homes
lnslicutional
Treatment
Convalescent Homes
Uses
and Special
Homes for Aged
Care
Hospitals
Infirmaries
Orphanages
Psychiatric
Hospitals
Sanatoria
C.
1. Residential
(a) Single
Sing le Detached
RESIDENTIA
Dwelling
Dwelling
Dwellings
L
Uses
Family & Group
USES
Homes
(b) Double
Semi-detached
Dwelling
Dwelling
Duplex Dwellings
Family & Group
Homes
71
PARKING
REQUIREMENT
(NUMBER OF SPACES)
I space for every five
seats or if no seats, I
space for each I 00 square
metres of floor area
devoted to public
occupancy, or more as
determined by the
Authority for uses
featuring large outdoor
spaces
I space for every 2 beds
or cliencele spact:s
2 spaces for each dwelling
unit plus 2 additional for a
subsidiary apartment
Town of Roddi ckt on - Bide Arm Development Regu l ations for 2017-2027
Approved by Council 25 June 2020
GROUP
DIVlSION
CLASS
EXAMPLES
c.
I. Residential
(c) Row
Row Houses
RESIDENTIA
Dwelling
Dwelling
Town Houses
L
Uses
Family & Group
USES
( continued)
Homes
(continued)
(d) Apanmcnt
Apartments
Building
Family & Group
Homes
2. General
(a) Collective
Residential
Residential Uses
Residential
Colleges &
Schools
University &
College Hall~
of Residence
ConvenlS & Monasteries
Nurses and
Hospital Residcn~es
(b) Boartling
Boarding Houses
House
Lodging Houses
Residential
(c) Commercial
Hotels & Motels
Residential
Hostels
Residemial Clubs
( d) Seasonal
Summer Homes &
Residential
Cabins
Hunting & Fishing
Cabins
Campgrounds
Recreational Vehicle Parks
(e) Mobile
Mobile Homes
Homes
D. BUSINESS
I. Business,
(a) Onice
Offices (including
&
Professional. and
Government
PERSONAL
Personal Service
Offices)
SERVICE
Uses
Banks
USES
(b) Medical &
Medical Offices and Consulting
Professional
Rooms
Dental o mces & Surgeries
Legal Offices
Similar Professional
Offices
(c) Personal
Barbers
Service
Hairdressers
Beauty Parlours
Small Appliance
Repairs
72
I
I
PARKING
I
REQUIREMENT
(NUMBER OF SPACES)
2 spaces for each dwelling
I
unit
I
2 spaces for the landlord's
or superintendent's
dwelling in the same
building if any, plus l for
each rental bed
I
I
I space for each cabin or
per spot in campgrounds
or RV parks
See single dwelling
I
I space for each 20 square
metres of tloor area
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm Development Regul a tions for 201 7- 2027
Appr oved by Council 25 June 2020
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS
l. Business,
(d) General
Self-service
&
Professional
Service
Laundries
PERSONAL
& Personal
Dry Cleaners (not using
SERVICE
Service Uses
flammable or explosive
USES
(continued)
substances)
(continued)
Small Tool and Appliance
Rentals
Travel Agents
(e) Communications
Radio Stations
Telephone
Exchanges
(f) Police
Police Stations
Station
without
detention
quarters
(g) Taxi Stand
Taxi Stands
(h) Take-out
Take-out Food
Food Service
Service
(i) Veterinary
Veterinary
Surgeries
E.MERCAN-
1. Retail Sale and
{a) Shopping
Shopping Centres
Tll.E
Display Uses
Centre
USES
(b) Shop
Retail Shops and
Stores and
Showrooms
Dcpartmcm
Smres
(c) Indoor
Mark.ct Halls
Market
Auction Halls
(d) Outdoor
Market Grounds
Market
Animal Markets
Produce and
Fruit Stands
Fish Stalls
l c) Convenience
Confcctionary
Store
Stores
Comer Stores
Gift Shops
Specialty Shops
73
PARKING
REQUIREMENT
(NUMBER OF SPACES)
I space for each 20 square
metres of tloor al"ea, or
more as determined by the
Authotity for uses
foaturiug large outdoor
spaces
Town of Roddi ckton -
Bide Arm De\·elopment Regulations f or 2017-2027
Approved by Council 25 June 2020
GROUP
DIVISION
CLASS
EXAMPLES
F.
I. Industrial uses
(a) Hazardous
Bulle Storage of
INDUSTRJAL
involving
Industry
hazardous
USES
highly
liquids and sub-
combustible and
stances.
hazardous
Chemical Plants
substances and
Distilleries
processes.
Feed Mills
Lacquer, Mauress,
Paint, Varnish,
and Rubber
Factories
Spray Painting
2. General
(a) General
Factories
Industrial
Industry
Cold Storage
Uses involving
Plants
Limited
Freight Depots
Hazardous
General Garages
Substances and
Warehouses
Processes.
Workshops
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
(b) Service
Gasoline Service
Station
Stations
Gas Bars
3. Light, Non-
ta) Light
Light lndustry
hazardous or
Industry
Parking Garages
Non-intrusive
Indoor Storage
Industrial Uses.
Warehouses
Workshops
G. NON-
I. Uses not
(a) Agriculture
Commercial Farms
BUILDJNG
directly
Hobby Farms
USES
related to
Market Gardens
building
& Nurseries
(b) Forestry
Tree Nurseries
Silviculture
(c) Mineral
Quarries
Working
Pits
Mines
Oil Wells
74
I
I
PARKING
I
REQUIREMENT
(NUMBER OF SPACES)
I
I space for ea1;h 20 square
I
metres of floor area, or
more as determined by the
Authority for uses
featuring large outdoor
spaces
I
I
I
As directed by the
Authority
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton -
Bide Arm De,·elopment Regula tion:; for 2017- 2027
Appr oved by Counc il 25 June 2020
GROUP
DTVlSION
CL.\SS
EXAMPLES
G. NON-
I. Use~ not
(d) Mineral explora1ion
Prospecting
BUILDING
directly
Drilling ur excavation of test
USES
related to
pits or trenches, for sampling
( continued)
building.
Taking of samples and lesting
(cunlinucd)
Land survey and staking claims
Seismic testing
(e) Recreational Open
Pia ying Fields
Space
Sports Grounds
Parks
Playgrounds
Trails
lf) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural, Historical and
Scenic Sites
Steep Slopes
Wildlife
Sancruarics
lg) C em et cry
Cemeteries
Gr11\cyards
(h) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
(i) iSolid Waste
Solid Waste
Disposal
Sanitary Land Fill
Incinerators
(j) Animal
Animal Pounds
Kennels
Zoos
lk) Antenna or Wind
TV. Radio and
Turbine
Communications
Transmitting and
Receiving Masts
and Antennas
Wind Turbine
ll) Transportation
Airfields
Railway Yards
Docks and Harbours
75
PARK.ING
REQUIREMENT
(NUMBER OF SPACES)
As directed by the
Authority
Town o f Roddickton - Bide Arm De\'el opment Regul a t i ons for 2017-2027
Approved by Council 25 J une 2020
NOTE:
SCHEDULE "C"
USE ZONE TABLES
This schedule contains tables showing the use classes which may be permitted or
which may be treated as discretionary use classes for the purpose of these
Regulations. The tables also indicate the required standards of development and
may also include conditions affecting some or all of the use classes.
The schedule contains tables for the following Use Zones, for which the
abbreviations are as noted:
Residential. ......................................................................................................... RES
Commercial ...................................................................................................... COM
Industrial .......................................................................................................... IND
Marine Uses ........................................................................................................ MU
Public Use ............................................................................................................ PU
Water Supply ....................................................................................................... WS
Wet Area Conservation .................................................................................... WAC
Natural Area of Provincial Interest ................................................................. NAPT
Rural ....................... .... .. .... ............... ........ ...................... .. ...... RUR
76
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm Development Regulations for 2017-2027
Approved by Council 25 June 2020
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL (RES)
(RODDICKTON - BIDE ARM)
PERMITTED USES
1) Single and double dwelling classes (which excludes the mobile home class)
2) Recreational open space class
3) Place of worship class
4) Accessory buildings located in the side or rear yards
5) Existing cemeteries and expansions thereof
6) Existing medical treatment and special care uses and expansions or modifications thereof
on the same lot or on abutting lots.
DISCRETIONARY USES
1) All other residential uses.
2) Accessory buildings located in those portions of a front yard lying between the lot's side
lines and the extensions of the lines of their respective side yards, or if that is not
reasonably practical then anywhere in the front yard.
3) Business and personal services use group.
4) Cultural and civic class.
5) Educational class.
6) Child care class.
7) Medical treatment and special care class.
8) Medical and professional class.
9) Convenience store class.
l 0) Antemia or wind turbine class, but only those defined as "short".
11) Cemetery class.
12) Horne based business (only in the classes of medical and professional, personal service,
general service, office, and light industry).
NOTE: see Regulation 10 concerning the Discretionary Powers of Authority.
77
Town of Roddickton - Bide Arm De\·elopment Regul ations for 2017-2027
Approved by Council 25 June 2020
STANDARDS
WHERE PERMITTED
Single
Double
Row
APARTMENT BUILDING
Dwelling,
Dwelling
Dwelling
1
2
3
4+
Mobile
Home+
Bed
Bed
Bed
Bed
all other
Apt.
Apt.
Apt.
Apt.
uses not
named
Lot area (m2) minimum
450
390
350
200
250
280
300
*
*
*
*
*
*
(average)
Floor area (m2) minimum
80*
80
65
40
50
60
70
*
*
*
*
*
*
Minimum length of all main
4.8
4.8
4.8
10
10
10
10
walls in dwelling strnctures
(m)
Frontage (m) minimum
18.3
26
12
*
42
(average)
Building Line Setback (m)
(minimum) **
6
6
8
10
(maximum) **
30
30
30
30
Sideyard Width (m) **
1.5
1.5
1.5
5
Rearyard Depth (m)
14
14
14
15
(minimum) **
(10 m for
mobile
homes)
Lot Coverage (%)
33
33
33
33
(maximum)
Height (m) (maxinmm) **
8
8
10
10
* Per dwelling unit, which for single dwellings and mobile homes may be developed in phases-see
Condition 9.
**Except for wind turbines and antennas - see Condition 10
78
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickt:on - Bide Arm De\'elopment Regul ations for 2017- 2027
Approved by Council 25 June 2020
I.
2.
CONDITIONS
Discretionary Uses
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary lo uses within the permitted use classes
or that their development will not inhibit or prejudice the existence or the development of
such uses.
Convenience Stores
Convenience stores will only be permitted as a discretiona1y use under the following
conditions:
a. The store shall form part of, or be attached to a single dwelling.
b. The retail use shall be subsidiary to the residential character of the area, and shall
not affect residential amenities of adjoining properties.
c. Not more than 25% of the total floor area of the dwelling up to a maximum of
forty five square metres of the floor area of the building is devoted to the use.
The minimum required single dwelling floor area shall continue to be met.
d. A minimum number of 2 parking spaces shall be required.
3. Accessory Buildings
a. Accessory buildings shall have a maximum floor area of 55 m2 for each accessory
building, and a maximum height of 4 metres.
b. Accessory buildings shall be a minimum of 2 metres from the nearest part of a
main building and a minimum of 1 metre from any lot line, except as provided by
Regulation 38(3).
c. Accessory buildings shall be located in the rear yard or side yard on the lot,
except where topography or natural or built features on the lot or the street(s)
providing access to the lot make it practically impossible to locate the accessory
building in a side or rear yard. In such cases, a discretionary use may be approved
which would allow accessory buildings to be built in those portions of the existing
front yard which are adjacent to each side lot Line, each said portion lying between
the side lot line and an extension of the existing side yard line on that side of the
lot leading most directly to the street line. If that is not reasonably prar,tical then a
79
Town of Roddickt:on - Bide Arm Development: Regulations for 2017-2027
Approved by Council 25 June 2020
location in any yard may be permitted at Council's discretion.
To illustrate the concept for simple rectangular and irregularly shaped lots, refer
to the following sketches, noting that if location in areas B and C or in side or rear
yards is not practical, then locating in area A may be permitted:
SIMPLE RECTANGULAR LOT
Areas A, B, and C
together is the
existing front yard on
the lot.
E.xistins
fro111 yard
Side
yarJ
B
I
Rear
yard
Cxisling:
dwelling
A
Side
yard
I
C
Accessory buildings may
(as a discretionary use) be
located in areas B and C,
but not in area A.
TRREGULAR LOT
Extensions of
existing side yards to
the street line most
directly in front of
the dwelling.
Extensions are
parallel to each other,
but not necessarily
parallel to any lot
line.
80
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town o f Rodd ickton - Bide Arm Development Regulations for 2017- 2027
Approved by Council 25 June 2020
4.
5.
Number Skipped
Home Based Businesses
MedicaJ and professional, personal service, office, general service, shop and light
industry uses may be permitted as a discretionary use in a single dwelling in the form of
doctors' consulting rooms, personal services, small business services, small appliance
repair and sporting goods repair service and similar uses provided that:
a) The use is clearly a subsidiary use to the residential use and does not detract from the
residential character of the neighbourhood.
b) The use does not alter the residential appearance or require external modification of
the dwelling unit.
c) Activities associated with the use shall be carried on inside the dwelling unit or inside
a building separate from the dwelling unit but on the same lot.
d) Not more than twenty-five per cent of the floor area of the dwelling unit up to a
maximum of 45 square metres is devoted to the use. The dwelling unit including any
subsidiary apartment must continue to meet the dwelling unit minimum floor area
requirement.
e) Light Industry and General Service uses shall be limited to production of foodstuffs,
including prepared meals, for consumption off the property; production or repair of
hand-made articles such as small mechanisms, clothing and arts and crafts; and, repair
or adjustment of small equipment such as appliances, small engines, computers, and
mechanical devices. The maximum floor area occupied by these uses shall not
exceed I 00 square metres in total, including the floor areas used for these uses in the
dwelling and in each accessory building in which they are located.
b!formal note for the reader's convenience: for example, if 45 square metres of the
dwelling were occupied by the light lndust,y and/or General Services uses, then the
maximum floor area in all access01y buildings cannot exceed 55 square metres, to total
I 00 square metres. Conversely, accommodating the entire allowance of I 00 square
metres only in accessory buildings would mean that more than one accessaty building
would be needed as the maximum floor area of any individual accesso1J1 building cannot
exceed 55 square metres.
f) The use is operated by a resident of the dwelling unit and does not employ more than
one person in addition to the resident.
g) Office uses shall be limited to small business services and professional offices.
81
Town of Roddickt on - Bide Arm Devel opment Regulations f or 2017-2027
Appr oved by Council 25 June 2020
6.
7.
h) There is no open storage of vehicles, equipment, goods or materials on the lot, other
than for off-street parking.
i) The use shall not generate traffic, sewerage or water use in excess of what is normal
in the residential area and can be accommodated by the existing municipal road,
water and sewer services.
j) Activities associated with the use are not hazardous and do not cause noticeable
noise, odour, dust or fumes, nor cause electrical interference or in any other way
result in a nuisance to the occupants of swTounding residences.
k) No sign will be permitted other than a name plate not exceeding 0.2 min area which
is attached to the principal building. No direct illumination of the sign will be
permitted.
l) The Authority may require fencing, screening and separation or a combination of the
two to protect the amenity of adjacent uses.
m) The residential lot has sufficient area to accommodate the parking requirements of
both the dwelling unit and the home business use.
n) No change in type, class or extent of the use shall be permitted except in accordance
with a permit issued by the Authority.
Keeping of Animals
Keeping of small animals customarily kept as household pets is permitted. In addition,
chickens, ducks, geese or other poultry may be kept, up to a total of twenty adult birds,
subject to the approval of Council and the Department of Fisheries and Land Resources
pursuant to the Environmental Guidelines for Poultry Producers.
Services
Structures with plumbing shall be connected to water and sewer services where available.
8.
Access
The frontage of each lot shall be on a publicly owned and maintained street and access to
the lot must be obtained from this street.
82
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddick t on - Bide Ann Devel opment Regul a tions for 2017-2027
Approve d by Counc i l 25 June 2020
9.
Mobile Homes and Minimum Dimensions of Dwelling Structures; Phasing of
Construction
Mobile homes shall meet the same standards and conditions as speci tied for single
dwellings except that the minimum reruyard depth shall be reduced as shown in the
Standards table. Exterior finishes and features shall be of a type found in conventional
single dwelling construction in the community.
Informal note for the reader's convenience: since mobile homes and single dwellings are
often thought of in Imperial measure, it is noted that a dwe/Ling structure 4.8 metres wide
must therefore be a minimum of 16.66 metres in length to meet the requirement that the
minimum floor area be 80 square metres. In Imperial measure, that corresponds to a
simple rectangular structure 16 feet wide by 54 feet long, which has a floor area of 864
square feet, the size of a 24 foot by 36foot building footprint.
Development of mobile home parks as defined in Schedule A shall be subject to the same
standards and conditions as for residential subdivisions, and shall be subject to a
development agreement between the operator and the Authority concerning the matters
stated in the definition in Schedule A, including the management and maintenance of the
streets and water and sewer services which are privately owned and operated in such
developments.
Certain dwellings may be developed in phases, to be able to accommodate "tiny homes"
or the first component of a single dwelling leading to an eventual expansion to a floor
area in compliance with the minimum stated in the Use Zone Table. 1n anticipation of
later expansion of either type of dwelling to larger floor areas, Council will at its
discretion pennit single dwellings and mobile homes having less than the minimum
required floor area, by way of site plan approval as described in this Municipal Plan,
which shows the way in which the configuration of later construction will result in a
compliant dwelling floor area without encroaching on any required yards or failing to
meet other requirements such as off-street parking.
The minimum required length of main walls shall be achieved in the constrnction of the
first phase of a phased development and in the eventual footprint of later construction.
Variances may be considered concurrently. There is no compulsion to expand beyond
the approved initial phase of construction.
83
Town of Roctdickt on -
Bi de Arm Development Regulations for 2017-2027
Appr oved by Council 25 June 2020
10.
Wind Turbines and Antennas
In addition to other requirements, the minimum setback of the tower of such structures
from all lot lines shall be 10 metres plus (in the case of wind turbines) the length of one
rotor blade, for safety reasons related to ice shedding from the blades. In addition, guy
wires and anchors must be on the same lot as the tower.
84
I
I
I
I
I
I
I
I
I
I
Town of Roddickton -
Bide Arm De,·elopment Regulations for 2017- 2021
Appr oved by Council 25 June 2020
USE ZONE TABLE
ZONE TITLE
COMMERCIAL (COM)
(RODDICKTON - BIDE ARM)
PERMJTTED USES
1) Assembly, institutional, business and personal service, and mercantile groups
2) Service station class
3) Collective and commercial residential classes
4) Recreational open space and conservation classes
5) Existing dwelling uses
DISCRETIONARY USES
1) Light industry and general industry classes
2) Apartment building class
3) Antenna or wind turbine class, but only those defined as "short"
NOTE: see Regulation 10 concerning the Discretionary Powers of Authority.
CONDITIONS
1.
Discretionat·y Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority 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.
b) Development Standards and Conditions
The development standards and conditions for building in this zone shall be those in the
Industrial (IND) Zone.
85
Town of Roddickton - Bide Arm Developmen t Regula tions for 2017-2027
Appr oved by Council 25 June 2020
USE ZONE TABLE
ZONE TITLE
INDUSTRIAL (IND)
(RODDICKTON - BIDE ARM)
PERMITTED USES
1. The industrial group except for the hazardous industry class
2. The recreational open space and conservation classes
DISCRETIONARY USES
I. Assembly, institutional, business and personal service, and mercantile groups
2. Collective and commercial residential classes
3. Antenna or wind turbine class, but only those defined as "sho1t"
NOTE: see Regulation l O concerning the Discretionary Powers of Authority.
CONDITIONS
1. Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are 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.
Development Standards
2. Minimum lot area:
a) Where serviced with both central water and central sewer service
450 sq. m.
b) Where not serviced with both central services, lot area to be sufficient to satisfy
provincial government requirements for use of private water supply and/or sewage
disposal systems.
3. Minimum Building Line Setback *
Maximum Building Line Setback
4. Minimum Sideyard width,except where buildings are built with adjoining
party walls *
86
6 metres
30 metres
5 metrres
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm Develop~ent Regula~ions foe 2017-2027
Approved by Council 25 June 2020
5. Minimum Rearyard Depth *
10 metres
a) Maximum Height*
10 metres
b) Minimum Frontage
15 metres
*Except for wind turbines and antennas-see Condition 7.
6. Landscaping and Screening
Landscaping and screening may be required for any development in a manner detennined
by Council to provide a visual screen between different or incompatible uses and/or:
a) To provide a noise ban-ier;
b) To provide for attractive visual continuity between developments, to provide for
visual integrity or identity of an area;
c) To add to the attractiveness of a development.
7. Wind Turbines and Antennas
In addition to other requirements, the minimum setback of the tower of such structures
from all lot lines shall be 10 metres plus (in the case of wind turbines) the length of one
rotor blade, for safety reasons related to ice shedding from the blades. In addition, guy
wires and anchors must be on the same lot as the tower.
8. Residential Development Subject to Requirements in Residential Zone
Residential developments shall be subject to the requirements of the Residential (RES)
Zone for their specific class of residential use.
87
Town of Roddickton - Bide Arm Development Regulations for 2017- 2027
Approved by Council 25 June 2020
USE ZONE TABLE
ZONE TITLE
MARINE USES (MU)
(RODDICKTON - BIDE ARM)
PERMITTED USES
1. Industrial group, except the hazardous industry class
2. Transportation class
DISCRETIONARY USES
1. Assembly group
2. Commercial residential class,
3. Business and personal service group
4. Mercantile groups,
5. Antenna or wind turbine class, but only those defined as "short"
NOTE: see Regulation 10 concerning the Discretionary Powers of Authority.
CONDITIONS
1) Development Standards
a. The development standards for this zone shall be as follows:
b. Minimum Lot Area ...................................................................... 200 square metres
c. Minimum Building Line Setback * ............................................................. 5 metres
d. Minimum Sideyard Width * ....................................................................... 2 metres
e. Minimu1n Rearyard Depth * ........................................................................ 3 1netres
f. Maxi:tnum Height * .................................................................................... 15 metres
g. Mini1num Frontage .................................................................................... 1 O metres
*Except for wind turbines and antennas - see Condition 3.
88
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickton - Bide Arm Development Regulations for 2017- 2027
Approved by Council 25 June 2020
2) Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority provided that they are complementary to uses within the permitted use classes
or that their development will not inhibit or prejudice the existence or the development of
such uses.
3) Wind Turbines and Antennas
In addition to other requirements, the minimum setback of the tower of such structures
from all lot lines shall be 10 metres plus (in the case of wind turbines) the length of one
rotor blade, for safety reasons related to ice shedding from the blades. In addition, guy
wires and anchors must be on the same lot as the tower.
89
Town o: Roddickton - Bide Arm Development Regul a tions for 2017- 2027
Approved by Counc i l 25 June 2020
1.
USE ZONE TABLE
ZONE TITLE
PUBLIC USE (PU)
(RODDlCKTON - BIDE ARM)
PERMITTED USES
Existing use of the hospital in Roddickton and the municipal building in Bide Arm, and uses
which are complementary to the main use in each case, including new structures and
expansions or modifications to existing buildings and features.
DISCRETIONARY USES
1. Uses which are in addition to the existing uses, and which are compatible with the adjacent
Residential areas,
2. Antenna or wind turbine class, but only those defined as "short".
NOTE: see Regulation 10 concerning the Discretionary Powers of Authority.
CONDITIONS
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority 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.
2
Development Standards and Conditions
The development standards and conditions for building in this zone shall be those in the
Industrial (TND) Zone, except that setback and yard requirements are not applicable to the
Public Use site in Bide Arm.
90
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town o f Roddickton -
Bide Arm De,·el opmer.t Regul a t.:.ons fo r 2017-2027
Appr ove d b y Counc i l 25 June 2020
1.
USE ZONE TABLE
ZONE TITL
WATER SUPPLY (WS)
(RODDICKTON - BIDE ARM)
PERMITTED USES
Conservation class uses and uses related to the management of the lands for the municipal
waterworks.
DISCRETIONARY USES
1) Uses in the forestJ.y class, but only in conjunction with an approved, professionally
prepared forestry management plan, and in any event not involving buildings or
roadways.
2) Trails for hiking, cycling, snow machines and all terrain vehicles may be approved,
subject to such conditions as Council may determine.
NOTE: see Regulation 10 concerning the Discretionary Powers of Authority.
CONDITIONS
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority 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.
91
Town of Roddickton - Bide Arm Development: Regulacions fo r 2017-2027
Approved by Council 25 June 2020
1.
USE ZONE TABLE
ZONE TITL
WET AREA CONSERVATION (WAC) (RODDICKTON - BIDE ARM)
PERMITTED USES
Conservation class
DISCRETIONARY USES
Recreational open space class
NOTE: see Regulation 10 concerning the Discretionary Powers of Authority.
CONDITIONS
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority 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.
92
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddickt:on -
Bi de Arm De\'elopment Regul;;t:ions for 2017-2027
Approved by Counci l 25 June 2020
l.
USE ZONE TABLE
ZONE TITLE NATURAL AREA OF PROVINCIAL INTEREST (NAPI)
(RODDICKTON - BIDE ARM)
PERMJTTED USES
1. Conservation uses
2. Mineral exploration uses
DISCRETIONARY USES
None.
NOTE: see Regulation 10 concerning the Discretionary Powers of Authority.
CONDITIONS
Discretionary Use Classes
Not applicable.
c) Development Standards and Conditions
The development standards and conditions for building in this zone shall be those in the
Rural (RUR) Zone.
93
Town of Roddickton - Bide Arm Devel opment Regul a tions f or 2017- 2027
Approved by Council 25 June 2020
USE ZONE TABLE
ZONE TITLE
RURAL (RUR)
(RODDICKTON - BIDE ARM)
PERMITTED USES
1. Agriculture, forestry and conservation use classes
2. Existing mineral workings and existing mineral exploration
3. Existing cemeteries
4. Existing residential uses
DISCRETIONARY USES
Any other uses except for solid waste class uses
NOTE: see Regulation 10 concerning the Discretionary Powers of Authority.
CONDITIONS
1.
Development Standards
(i)
Building Line Setback (minimum) on provincial highways * .............................. 30 m
(ii) Building Line Setback (minimum) on other roads
* .......................................... 10 m
(iii) Frontage (minimum) ............................................................................................. 30 m
*Except for for wind turbines - see Condition 4.
2.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of the
Authority 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.
94
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddi ckton -
Bide Arm Development Regulations for 2017-2027
Approved by Council 25 June 2020
d) Mineral Workings, Mineral Exploration and Scrapyards
a) Separation from Adjacent Uses
From any part of the
Residential Zone
Any other developed area or area
likely to be developed during the
life of the use
Public highway or street
Waterbody or watercourse
Minimum Distance of
_11 Mineral Working
or Mineral Exploration
from the feature
300 metres
150 metres
90 metres
50 metres
b)
The following conditions shall apply to mineral workings and mineral
exploration:
(i)
(ii)
(iii)
Water Pollution
No land use of mineral workings or mineral exploration or associated storm or
sanitary drainage shalJ unacceptably reduce the quality of water in any waterbody
or watercourse. Any access road to a mineral working or mineral exploration
which crosses a brook or stream shall be bridged or culverted at the crossing in
accordance with the Regulations of the Department of Enviromnent and Lands
(see Regulation 6).
Water Ponding
No mineral working shall result in the excavation of areas below the level of the
water table nor in any way cause the accumulation of ponding of water in any part
of the site. Settling ponds may be permitted with the approval of the Department
of Environment and Lands.
Erosion Control
No mineral working or mineral exploration shall be carried out in a manner so as
to cause erosion of adjacent land.
95
Town of Roddickton -
Bide Arm Development Regulations for 2017-2027
Appr oved by Council 25 June 2020
(iv)
Site Maintenance
Mineral working and mineral exploration sites shall be kept clean of refuse,
abandoned vehicles, and abandoned equipment and any derelict buildings.
(v)
Access Roads
During extended periods of shutdown, access roads to a mineral working or
mineral exploration shall be ditched or barred to the satisfaction of the Authority.
(vi)
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 mineral
workings or mineral exploration sites. The owner or operator shall ensure that the
quality of the topsoil is not affected by dilution with other materials.
(vii)
Operating Plant and Associated Processing and Manufactwing
The Authority may permit processing and manufacturing use associated with
mineral workings provided that, in the opinion of the Authority, the use does not
create a nuisance nor is liable to become a nuisance or offensive by the creation of
noise or vibration, or by reason of the emission of fumes, dust, dirt, objectionable
odour, or by reason of unsightly storage of materials.
(viii)
All permanent or temporary buildings, plants and structures associated with
mineral working or mineral exploration, processing and manufacturing will be
located so as not to interfere with the present or future extraction of aggregate
resources.
(ix)
The Authority may specify a minimum separation distance between operating
plant or associated processing and manufactw·ing structure or equipment and
adjacent developed areas likely to be developed during the life of the mineral
working.
(x)
Termination and Site Rehabilitation
Upon completion of the mineral working or mineral exploration, the following
work shall be carried out by the operation:
(a)
All buildings, machinery and equipment shall be removed and any drilled
holes or excavations for test pits and trenching shall be filled.
96
I
I
I
I
I
I
I
I
I
I
II
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Town of Roddi c kt on - Bide Arm Development Regul a tions fo r 2017-2027
Appr oved by Council 25 J une 2020
(xi)
c)
(b)
All pit and quarry and other excavation slopes shall be graded t0 slopes
less than 20 degrees or to the slope confonning to that existing prior to the
mineral working, but in any event stabilized as directed by the Authority
so as to prevent landslides.
(c)
(d)
Topsoil and any organic materials shall be respread over the entire
quarried area.
The access road to the mineral working shall be ditched or barred to the
satisfaction of the Authority.
If the mineral working contains reserves of material sufficient to support further
extraction operations, the Authority may require the work described above to be
carried out only in areas of the site where extraction has depleted aggregate
reserves.
Screening for Mineral Workings and Scrapyards
A mineral working or scrapyard shall be screened in the following manner where
it is visible from a public street or highway, dt:veloped area, or area likely to be
developed during the life of the use:
(i)
Where tree screens exist between the use and adjacent public highways
and streets or other land uses ( excepting forestry and agriculture), the tree
screens shall be retained in a 30-metre wide strip of vegetation so that
visibility of any part of the use from the surrounding uses or streets will be
prevented. The tree screens must be maintained by the owner or occupier
of the use to retain 30 metres in a forested appearance. Where vegetation
dies or is removed from the 30-metre strip, the Authority may require new
trees of a minimum height of 1 metre be planted to fill in the areas
affected to the satisfaction of tbe Authority.
(ii)
Where no tree screens exist of sufficient width and density to constitute a
visual screen, earthen berms shall be constructed to a height sufficient to
prevent visibility of any part of the use from adjacent uses ( excepting
forestry and agriculture), or adjacent public highways and streets. The
benns shall be landscaped to the Authority's satisfaction.
(iii)
Where natural topography creates a visual screen between a mineral
working or scrapyard and adjacent public highways and streets or other
land uses (excepting forestry and agriculture), additional screening may
not be required.
97
Town of Roddic kt on -
Bide Arm Develo;,ment Regul ations for 2017- 2027
Appr oved by Council 25 June 2020
d)
Fencing for Mineral Workings or Scrapyard
The Authority may require the mineral working site or excavated areas of a pit or
quarry worlcing, scrapyard, or disposal site to be enclosed by a fence designed and
constmcted to its specifications and no less than 1.8 metres in height.
4. Wind Turbines and Antennas
Wind turbines with towers taller than 15 metres shall be located at least 500 metres from
any other land use area designation specified in the Municipal Plan (except for the Water
Supply designation) and a minimum setback from all lot lines of 10 metres plus the
length of one rotor blade, for safety reasons related to ice shedding from the blades.
Wind turbines with towers shorter than I 5 metres and all antennas and their guy wires
and anchors shall have a minimum setback from all lot lines of l 0 metres (plus in the
cast: of wind turbines, the length of one rotor blade, for safety reasons related to ice
shedding from the blades).
In addition, guy wires and anchors of all wind turbines and antennas must be on the same
lot as the towers.
5. Residential Development Subject to Requirements in Residential Zone
Residential developments shall be subject to the requirements of the Residential (RES)
Zone for their specific class of residential use.
98
I
I
I
I
I
I
I