Development Regulations - Town of Small Point-Broad Cove-Blackhead-Adam's Cove
Small Point-Adam's Cove-Blackhead-Broad Cove, Newfoundland and Labrador
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SMALL POINT - BROAD COVE - BLACKHEAD - ADAMS COVE
DEVELOPMENT REGULATIONS
In effect: July 8, 2011
(date of publication in Newfoundland and Labrador Gazette)
URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF SMALL POINT - BROAD COVE - BLACK HEAD - ADAM'S COVE
DEVELOPMENT REGULATIONS 2011
Under the authority of Section 16, Section 17 and Section 18 of the Urban and
Rural Planning Act 2000, the Town Council of Small Point - Broad Cove - Blackhead -
Adam's Cove
a)
adopted the Town of Small Point - Broad Cove - Blackhead - Adam's
Cove Development Regulations 2011 on the 15th day of February, 2011.
b)
gave notice of the adoption of the Town of Small Point - Broad Cove -
Blackhead
-
Adam's
Cove
Development
Regulations
2011
by
advertisement inserted on the 22"d day of February, 2011 and the 1st day
of March, 2011 in the Compass newspaper.
c)
set the 16th day of March, 2011 at 7:00 p.m. at the Town Hall, Small Point
- Broad Cove - Blackhead - Adam's Cove for the holding of a public
hearing to consider objections and submissions.
Now under the authority of section 23 of the Urban and Rural Planning Act 2000,
on the 1zlh day of April, 2011 the Town Council of Small Point - Broad Cove - Blackhead
Adam's Cove approves the Town of Small Point - Broad Cove - Blackhead - Adam's
Cove Development Regulations 2011.
SIGNED AND SEALED this '3°1f<'l day of~·
2011
Mayor:
i a" J..,··,
~~..JM-A
-
7
Leslie Gover ·
Clerk:
- clopmcn! Rcguhltions/Amentlmrnl
REGiSTERJED
URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF SMALL POINT - BROAD COVE - BLACKHEAD - ADAM'S COVE
DEVELOPMENT REGULATIONS 2011
Under Section 16 of the Urban and Rural Planning Act 2000, the Town Council of
Small Point - Broad Cove - Blackhead - Adam's Cove adopts the Town of Small Point
Broad Cove - Blackhead - Adam's Cove Development Regulations 2011.
Adopted by the Town Council of Small Point - Broad Cove - Blackhead - Adam's
Cove on the 15th day of February, 2011.
Signed and sealed this 7f1(. day of ~
, 2011.
Mayor: t
I
,
,
~ JJ1 {!
r!r{Ji-R-1
Leslie Gove{
Clerk:
£k~«
WanaReid
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
certify that the attached Development Regulations have been prepared in
TABLE OF CONTENTS - Page 1
APPLICATION ............................................................................................................... 1
1.
Short Title .......................................................................................................... 1
2.
Interpretation ..................................................................................................... 1
3.
Commencement. ............................................................................................... 1
4.
Urban and Rural Planning Act 2000 - Ministerial Development Regulations ... 1
5.
Municipal Code and Regulations ...................................................................... 1
6.
Town ................................................................................................................. 1
PART 1- GENERAL REGULATIONS ............................................................................. 2
7.
Compliance with Regulations ............................................................................ 2
8.
Permit Required ................................................................................................ 2
9.
Permit to be Issued ......................................................................................... 2
10.
Permit not to be Issued in Certain Cases .......................................................... 2
11.
Discretionary Powers of Town .......................................................................... 2
12.
Variances by Town ........................................................................................... 3
13.
Service Levy .................................................................................................... 3
14.
Financial Guarantees by Developer .................................................................. 4
15.
Dedication of Land for Public Use ..................................................................... 5
16.
Reinstatement of Land ..................................................................................... 5
17.
Form of Application ........................................................................................... 5
18.
Register of Application ...................................................................................... 6
19.
Deferment of Application ................................................................................... 6
20.
Approval in Principle ......................................................................................... 6
21.
Development Permit and Temporary Use Permit.. ............................................ 7
22.
Reasons for Refusing Permit ............................................................................ 8
23.
Notice of Application ......................................................................................... 8
24.
Right of Entry .................................................................................................... 8
25.
Record of Violations .......................................................................................... 8
26.
Stop Work Order and Prosecution .................................................................... 9
27.
Appeals ............................................................................................................. 9
PART II - GENERAL DEVELOPMENT STANDARDS .............................................. 10
28.
Access Ramps and Decks .............................................................................. 10
29.
Accesses and Service Streets ....................................................................... 10
30.
Accessory Buildings Residential ..................................................................... 10
31.
Accessory Buildings - Non-Dwelling and Non-Apartment Building Uses ........ 12
32.
Accessory Uses .............................................................................................. 12
33.
Advertisements ............................................................................................... 13
34.
Archaeological Sites ....................................................................................... 13
35.
Building Line and Setback, Complementary Yard Setbacks ........................... 13
36.
Building Near Highways Regulation ............................................................... 14
37.
Buildings on a Lot ........................................................................................... 14
38.
Comprehensive Development. ........................................................................ 14
39.
Family and Group Care Centres ..................................................................... 15
40.
Forestry and Trees .......................................................................................... 15
41.
Height Exceptions ...................................................................................... 15
TABLE OF CONTENTS - Page 2
42.
Heritage Sites and Areas ................................................................................ 15
43.
Livestock Structures and Uses ........................................................................ 16
44.
Lot Area .......................................................................................................... 16
45.
Lot Area and Size Exceptions ......................................................................... 16
46.
Lot Frontage .................................................................................................... 17
47.
Marine Coastline, Harbour Areas and Streams ............................................... 17
48.
Mineral Exploration ......................................................................................... 17
49.
Non-Conforming Uses .................................................................................... 18
50.
Offensive and Dangerous Uses ...................................................................... 20
51.
Offstreet Loading and Parking Requirements and Reduction ......................... 20
52.
Parks and Playgrounds, and Conservation Uses ............................................ 20
53.
Recreational Trails and Walkways .................................................................. 20
54.
Residential Buffer ............................................................................................ 21
55.
Screening and Landscaping ............................................................................ 22
56.
Service Stations .............................................................................................. 22
57.
Site Development and Subdivision Development ........................................... 22
58.
Site Development- Fill and Landscaping Permit Requirements .................... 23
59.
Site Development- Quarry and Soil Removal ................................................ 23
60.
Site Development- Slope Greater than 15 Percent or 20 Percent.. ............... 24
61.
Street Construction Standards ........................................................................ 24
62.
Subsidiary Apartments .................................................................................... 24
63.
Travel Trailers ................................................................................................. 24
64.
Unserviced Development ................................................................................ 25
65.
Unsubdivided Land ......................................................................................... 25
66.
Uses Permitted In All Zones ............................................................................ 25
67.
Utilities - Wind Mills, Wind Farms, Other Energy Sources ............................. 26
68.
Waterways and Wetlands ............................................................................... 26
PART Ill -ADVERTISEMENTS .................................................................................... 29
69.
Advertisements and Signs .............................................................................. 29
70.
Advertisements Exempt from Control ............................................................. 30
71.
Advertisements -Temporary and/or Portable Signs ....................................... 31
72.
Advertisements and Signs near Highways ...................................................... 32
73.
Advertisements Relating to On-Site Uses ....................................................... 32
74.
Advertisements Relating to Off-Site Uses ....................................................... 33
PART IV - SUBDIVISION OF LAND .............................................................................. 34
75.
Permit Required and Sureties ......................................................................... 34
76.
Subdivisions - Groundwater Supply Assessment. .......................................... 34
77.
Services to be Provided .................................................................................. 34
78.
Payment of Service Levies and Other Charges .............................................. 34
79.
Issue of Permit Subject to Considerations ...................................................... 35
80.
Building Permits Required .............................................................................. 35
81.
Form of Application ......................................................................................... 35
82.
Subdivision Subject to Zoning ......................................................................... 35
83.
Building Lines .................................................................................................. 36
TABLE OF CONTENTS - Page 3
84.
Land for Public Open Space and Storm Water Management ......................... 36
85.
Structure in Street Reservation ....................................................................... 37
86.
Subdivision Design Standards ........................................................................ 37
87.
Engineer to Design Works and Certify Construction Layout ........................... 39
88.
Developer to Pay Engineer's Fees and Charges ............................................ 39
89.
Street Works May Be Deferred ....................................................................... 39
90.
Transfer of Streets and Utilities to Town ......................................................... 40
91.
Restriction on Sale of Lots .............................................................................. 40
92.
Grouping of Buildings and Landscaping ......................................................... 40
PART V - USE ZONES ................................................................................................. 42
93.
Use Zones ....................................................................................................... 42
94.
Use Classes .................................................................................................... 42
95.
Permitted Uses ............................................................................................... 42
96.
Discretionary Uses .......................................................................................... 42
97.
Uses Not Permitted ......................................................................................... 42
SCHEDULE A- DEFINITIONS ..................................................................................... 44
SCHEDULE C - USE ZONE SCHEDULES .................................................................. 60
TOWN (TN) ZONE ................................................................................................. 61
RURAL (RU) ZONE ............................................................................................... 67
ENVIRONMENTAL PROTECTION (EP) ZONE ..................................................... 70
TRACK (TR) ZONE ................................................................................................ 71
WELL HEAD PROTECTED AREA 0NPA) OVERLAY ZONE ................................ 72
SCHEDULED ............................................................................................................... 73
OFFSTREET LOADING AND PARKING REQUIREMENTS ........................................ 73
SCHEDULE E - WATERWAYS AND WETLANDS ....................................................... 78
MAPS - LAND USE ZONING MAPS 1 & 2
TOWN OF SMALL POINT - BROAD COVE - BLACKHEAD - ADAM'S COVE
MUNICIPAL PLAN
DEVELOPMENT REGULATIONS
APPLICATION
1.
Short Title
These Regulations may be cited as the Small Point - Broad Cove - Blackhead -
Adam's Cove Development Regulations.
2.
Interpretation
(1) Words and phrases used in these Regulations shall have the meanings
ascribed to them in Schedule A.
(2) Words and phrases not defined in Schedule A shall have the meanings that
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 Small Point - Broad Cove -
Blackhead - Adam's Cove Municipal Planning Area, hereinafter referred to as the
Planning Area, on the date of publication of a notice to that effect in the
Newfoundland and Labrador Gazette.
4.
Urban and Rural Planning Act 2000 - Ministerial Development Regulations
Newfoundland Regulation 3/01, Development Regulations under the Urban and
Rural Planning Act 2000 (Ministerial Development Regulations), enacted under
Section 36 of the Act, shall apply to development within the Planning Area.
Where there is a conflict between the Ministerial and the Town's Development
Regulations, the Ministerial Development Regulations shall prevail. The
Ministerial Development Regulations are included with the Small Point - Broad
Cove - Blackhead - Adam's Cove Development Regulations.
5.
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical
Code, and any other ancillary code and any Building Regulations, Waste
Disposal Regulation and/or any other municipal regulations regulating or
controlling the development, conservation and use of land in force in the Town of
Small Point - Broad Cove - Blackhead - Adam's Cove, under these Regulations
apply to the entire Planning Area.
6.
Town
In these Regulations, "Town" means the Council of the Town of Small Point -
Broad Cove - Blackhead - Adam's Cove.
Town of Small Point -Adam 's Cove
Development Regulations 2011
PART I- GENERAL REGULATIONS
PART I - GENERAL REGULATIONS
7.
Compliance with Regulations
No development shall be carried out within the Planning Area except in
accordance with these Regulations.
8.
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 Town.
9.
Permit to be Issued
Subject to Regulations 1 O and 11, a permit shall be issued for development
within the Planning Area that conforms to the requirements of these Regulations.
10.
Permit not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within
the Planning Area when, in the opinion of the Town, it is premature by reason of
the site lacking adequate road access, power, drainage, sanitary facilities, or
domestic water supply, or being beyond the natural development of the area at
the time of application unless the applicant contracts to pay the full cost of
construction of the services deemed necessary by the Town and such cost shall
attach to and upon the property in respect of which it is imposed.
11.
Discretionary Powers of Town
In considering an application for a permit or for approval in principle to carry out
development, the Town shall take into account the policies expressed in the
Municipal Plan and any further scheme, plan or regulations pursuant thereto, and
shall assess the general appearance of the development of the area, the amenity
of the surroundings, availability of utilities, public safety and convenience, and
any other considerations which are, in its opinion, material, and notwithstanding
the conformity of the application with the requirements of these Regulations, the
Town 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. However,
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Town of Small Point -Adam's Cove
Development Regulations 2011
PART 1- GENERAL REGULATIONS
the exercise of this discretionary power does not enable the Town to allow a
permitted use or discretionary use which is not set out under Schedule C or other
Regulation.
12.
Variances by Town
(1) See Ministerial Development Regulations. Section 12.
(2) Where an approval or a permit cannot be given by the Town because a
proposed development does not comply with development standards set out
in these Regulations, the Town may, in its discretion. vary the applicable
development standards to a maximum of 10%, if, in the Town'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 the public interest.
(3) The Town shall not allow a variance from development standards set out in
these 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 not greater than 10%.
(4) The Town shall not permit a variance from the development standards where
the proposed development would increase the non conformity of an existing
development.
(5) Public Notice - When a variance is necessary under this Regulation. the
Town shall. at the expense of the applicant, give written notice to the property
owners in the immediate vicinity of the proposed variance.
13.
Service Levy
(1) The Town may require a developer to pay a service levy where development
is made possible or where the density of potential development is increased.
or where the value of property is enhanced by the carrying out of public works
either on or off the site of the development.
(2) A service levy shall not exceed the cost. or estimated cost, including finance
charges to the Town 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 Town and for uses that are
permitted on that real property.
3
Town of Small Point - Adam's Cove
Development Regulations 2011
PART I - GENERAL REGULATIONS
(3) A service levy shall be assessed on the real property based on:
a) the amount of real property benefited by the public works related to all the
real property so benefited; and,
b) the density of development made capable or increased by the public work.
(4) The Town may require a service levy to be paid by the owner of the real
property at:
a) the time the levy is imposed;
b) the time development of the real property commences;
c) the time development of the real property is completed; or,
d) such other time as the Town may decide.
14.
Financial Guarantees by Developer
(1) The Town may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may be
required to
guarantee the payment of service levies,
ensure site
reinstatement, and to enforce the carrying out of any other condition attached
to a permit or licence.
(2) The financial provisions pursuant to Regulation 14(1) may be made in the
form of:
a) a cash deposit from the developer, to be held by the Town, or;
b) a guarantee by a bank, or other institution acceptable to the Town, for
expenditures by the developer, or;
c) a performance bond provided by an insurance company or a bank, or;
d) an annual contribution to a sinking fund held by the Town.
(3) Financial Guarantees - Mineral Workings
a) The developer shall provide a financial guarantee in the form of a
performance bond or unconditional and irrevocable letter of credit or other
form acceptable to the Town for an amount to cover the cost of restoring
or landscaping the site after the quarry operations have ended or the site
is abandoned by the applicant.
b) The financial guarantee shall be returned when the Reclamation Plan has
been carried out or the development terminated and any conditions
attached lo the development permit have been met lo the satisfaction of
the Town.
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Town of Small Point -Adam's Cove
Development Regulations 2011
15.
Dedication of Land for Public Use
PART I - GENERAL REGULATIONS
Section 37 (1) of the Urban and Rural Act states: "A council or regional authority
may make regulations that an applicant for a permit for a subdivision dedicate to
the council or regional authority, not more than 10% of the subdivision or land to
be developed for park land or other public use."
Clause (3) of Section 37
enables the Town to obtain cash instead of land which is equivalent to the value
of the land that would otherwise have dedicated to park land or other public use.
Section 37 (8) of the Urban and Rural Planning Act states: "A council or regional
authority may , for a development that is not a subdivision, require the owner of
the land being developed convey to the council or regional authority, for a public
purpose, a portion of the land proposed for development."
For the purpose of this Regulation "park land" is taken to mean land set aside for
public recreational and amenity purposes. "Public use" is taken to mean land set
aside for schools, churches and other public purposes not related to public
services and utilities. Public services and utilities includes public services such as
roads, water and sewer, facilities related to the management of storm water
flows, including swales and retention ponds, and facilities related to the provision
of public utilities as defined under provincial legislation.
16.
Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Town 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 Town and shall put the site in a clean and sanitary
condition to the satisfaction of the Town.
17.
Form of Application
(1) An application for a development permit or for Approval in Principle shall be
made only by the owner or by a person authorized by the owner to the Town
on such form as may be prescribed by the Town, and every application shall
include such plans, specifications and drawings as the Town may require,
and be accompanied by the permit fee required by the Town.
5
Town of Small Point - Adam's Cove
Development Regulations 2011
PART 1- GENERAL REGULATIONS
(2) The Town shall, on request, supply to every applicant a copy of the
application forms referred to in Regulation 17(1) and a description of the
plans, specifications and drawings required to be provided with the
application.
18.
Register of Application
The Town shall keep a public register of all applications for development, and
shall enter therein the Town's decision upon each application and the result of
any appeal from that decision.
19.
Deferment of Application
(1) The Town 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 Town and on which a decision has not been
communicated to the applicant within eight weeks of the receipt thereof by the
Town, and on which consideration has not been deferred in accordance with
Regulation 19(1), shall be deemed to be refused.
20.
Approval in Principle
(1) The Town may grant Approval in Principle for subdivision or any other
development, if, after considering an application for Approval in Principle
made under these Regulations, it is satisfied that the proposed development
is, subject to the approval of detailed plans, in compliance with these
Regulations.
(2) Where Approval in Principle is granted under this Regulation, it shall be
subject to the subsequent approval by the Town of such details as may be
listed in the Approval in Principle, which shall also specify that further
application for approval of these details shall be received not later than two
years from the grant of Approval in Principle.
(3) An Approval in Principle or conditions attached thereto is subject to appeal
under the Act
(4) Notwithstanding an Approval in Principle, no work shall commence until a
Development Permit or other permit has been issued by the Town.
6
Town of Small Point -Adam's Cove
Development Regulations 2011
PART I - GENERAL REGULATIONS
21.
Development Permit and Temporary Use Permit
(1) A plan or drawing which has been approved by the Town and which bears a
mark and/or signature indicating such approval together with a permit shall be
deemed to be permission to develop land in accordance with these
Regulations but such permission shall not relieve the applicant from full
responsibility for obtaining permits or approvals under any other regulation or
statute prior to commencing the development; from having the work carried
out in accordance with these Regulations or any other regulations or statutes;
and from compliance with all conditions imposed thereunder.
(2} The Town may attach to a permit 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) A permit is valid for a specified period, not to exceed two years. If the
development has not commenced, the permit may be renewed for a further
period not in excess of one year, but a permit shall not be renewed more than
once, except in the case of a permit for an advertisement, which may be
renewed in accordance with Part Ill of these Regulations.
(4} Temporary Use - The Town may in its discretion issue a permit for a
temporary use such as an outdoor market, a temporary shelter for a vehicle
or a boat, and other permissible uses which have a limited and fixed term.
The permit shall specify its duration, and upon expiry of the permit, the use
shall be removed. The duration of a temporary permit shall not exceed two
years, which may be extended in writing by the Town for a further period as
specified not exceeding two years. This clause does not apply to
advertisements which are covered under Part Ill of the Development
Regulations.
(5) The approval of any application and plans or drawings or the issue of a permit
shall not prevent the Town from thereafter requiring the correction of errors,
or from ordering the cessation, removal of, or remedial work on any
development being carried out in the event that the same is in violation of this
or any other regulations or statute.
(6} The Town may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit
was issued in error or was Issued on the basis of incorrect information.
7
Town of Small Point -Adam's Cove
Development Regulations 2011
PARTl-GENERALREGULATIONS
(7) No person shall erase, alter or modify any drawing or specifications upon
which a permit to develop has been issued by the Town.
(8) There shall be kept available on the premises where any work, matter or thing
in being done for which a permit has been issued, a copy of the permit and
any plans, drawings or specifications on which the issue of the permit was
based during the whole progress of the work, or the doing of the matter or
thing until completion.
(9) A development permit or permit or conditions attached thereto is subject to
appeal.
22.
Reasons for Refusing Permit
The Town shall, when refusing to Issue a permit or attaching conditions to a
permit, state the reasons for so doing.
23.
Notice of Application
When a change in nonconforming use is to be considered (see also Ministerial
Development Regulations), the Town is exercising a discretionary power, or
when the development proposed is listed as a discretionary use in Schedule C of
the Regulations the Town shall, at the expense of the applicant, give notice of an
application for a permit or for approval in principle, by public advertisement in a
newspaper circulating in the area or by any other means deemed necessary.
When a variance is necessary under Regulation 12 (see also Ministerial
Development Regulations), the Town shall, at the expense of the applicant, give
written notice to the property owners in the immediate vicinity of the proposed
variance.
24.
Right of Entry
Any official authorized by the Town may enter upon any public or private land
and may at all reasonable times enter any development or building upon the land
for the purpose of making surveys or examinations or obtaining information
relative to the carrying out of any development, construction, alteration, repair, or
any other works whatsoever which the Town is empowered to regulate.
25.
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 Town.
8
Town a/Small Point -Adam's Cove
Development Regulations 2011
26.
Stop Work Order and Prosecution
PART I - GENERAL REGULATIONS
(1) Where a person begins a development contrary or apparently contrary to
these Regulations, the Town 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 26(1) is
guilty of an offence under the provisions of the Act.
27.
Appeals
See Ministerial Development Regulations- Sections 5 to 11.
Where an appeal lodged under Section 42 of the Urban and Rural Planning Act
has been successful, the fee paid by the appellant shall be reimbursed by the
Town.
9
Town a/Town o/Small Point -Adam's Cove
Development Regulations 2011
PART 11- GENERAL DEVELOPMENT STANDARDS
PART II· GENERAL DEVELOPMENT STANDARDS
28.
Access Ramps and Decks
(1) An access ramp for a wheel chair, may, at the discretion of the Town after
consultation with abutting property owners, be erected in a minimum front.
rear or side yard if there is no alternative means of providing the access ramp
and it does not create a safety hazard or block sight lines.
(2) An open or partially enclosed deck attached to a building shall not extend into
the minimum permissible front and side yards and flanking road setback and
shall not be closer to the rear lot line than 1 metre.
(3) An access ramp or open deck not is deemed to be part of the building when
calculating lot coverage under Schedule C.
29.
Accesses and Service Streets
(1) Access shall be located to the specification of the Town so as to ensure the
greatest possible convenience and safety of the street system and the Town
may prescribe the construction of service streets to reduce the number of
accesses to collector and arterial streets.
(2) No vehicular access shall be closer than 10 metres to the street line of any
street intersection.
30.
Accessory Buildings Residential
(1) Accessory buildings shall be clearly incidental and complementary to the use
of the principal buildings in character, use and size, and shall generally be
contained on the same lot as the principal building or buildings, except as
otherwise determined at the discretion of the Town.
(2) A discretionary accessory building not located on the same lot as the principal
building can only be used for marine-related uses or for storage purposes
only and shall have height no greater than 4 metres and a floor area no
greater than 75 square metres or 15 % of the lot area whichever is the less,
unless otherwise approved at the discretion of the Town.
(3) Building Line - The minimum building line (distance from the front lot line, or,
for a corner lot the side lot line on a flanking road) for an accessory building
10
Town of Town of Small Point· Adam's Cove
Development Regulations 2011
PART II-GENERAL DEVELOPMENT STANDARDS
shall be as that set out in the Schedule C Use Zone for principal and other
buildings.
(4) Side Yard - The minimum side yards (distance from the side lot lines) are as
follows:
a) Accessory Building Does Not Exceed 4 Metres in Height - the minimum
side yard (distance from the side lot line) is 1 metre;
b) Accessory Building Exceeds 4 Metres in Height - the minimum side yard
is at least 2 metres, unless more is deemed necessary by the Town in
order to protect the amenities and/or privacy of neighbouring properties;
c) Minimum Side Yard Flanking Road (for a Corner Lot) - the accessory
building shall not be closer to a flanking road than that set out for the
dwelling under Schedule C.
(5) Rear Yard - The minimum rear yards are as follows:
a) Accessory Building Does Not Exceed 4 Metres in Height - the minimum
rear yard (distance from the rear lot line) is 1 metre;
b) Accessory Building Exceeds 4 Metres in Height - the minimum rear yard
shall be 2 metres, unless more is deemed necessary by the Town in order
to protect the amenities and/or privacy of neighbouring properties.
(6) Separation Distance from Principal Building -
Accessory buildings shall
maintain a minimum separation distance of 3 metres from a principal building,
or the minimum required by the Building Code, whichever is the greater.
(7) Lot Coverage - The combined lot coverage of accessory buildings together
with principal and other buildings on a lot shall not exceed 33%.
(8) Floor Area - No floor area requirements are set out for accessory buildings,
however. However, any accessory building exceeding 70 m2 in floor area may
only be approved at the discretion of the Town and after notice of the
application has been given in accordance with Regulation 23.
(9) Height - The maximum height of an accessory building shall not exceed the
height of the principal building. However, any accessory building with a height
greater than 4 metres may only be approved at the discretion of the Town and
after notice of the application has been given in accordance with Regulation
23.
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31.
Accessory Buildings - Non-Dwelling and Non-Apartment Building Uses
(1) This Regulation sets out the requirements for accessory buildings for non-
dwelling uses, that is, uses not included under Regulation 30.
(2) Accessory buildings shall be clearly incidental and complementary to the use
of the principal buildings in character, use and size, and shall be contained on
the same lot as the principal building or buildings.
(3) Building Line - The minimum building line (distance from the front lot line) for
an accessory building shall be as that set out in the Schedule C Use Zone for
principal and other buildings.
(4) Side Yard and Rear Yard and Flanking Road - the minimum side yard and
rear yard for an accessory building shall be 5 metres where it abuts a
residential zone or property, and the accessory building shall not be closer to
a flanking road than that set out for the principal building under Schedule C.
(5) Separation Distance from Principal Building -
Accessory buildings shall
maintain a minimum separation distance of 3 metres from a principal building
or the minimum required by the Building Code, whichever is the greater.
(6) Lot Coverage -
Unless otherwise specified under Schedule C, no lot
coverage requirements are set out.
(7) Floor Area - Unless otherwise specified under Schedule C, no floor area
requirements are set out.
(8) Height - The maximum height of an accessory building shall not exceed the
height of the principal building.
32.
Accessory Uses
(1) See also Schedule A.
(2) Subject to Schedule C, uses accessory to a permitted or discretionary use
can be permitted in any zone, for example:
a) facilities for the serving of food and alcoholic beverages in an arena or
other place of assembly, museum, marina, or hotel (commercial -
residential);
b) vehicle repair facilities within a shop, such as a major retail outlet, or
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automobile dealership;
c) a gift or souvenir shop in a museum, hotel or other establishment;
d) office and/or a small convenience store or catering establishment in a
campground;
e) a dock or wharf or stage associated with a permitted or discretionary use;
f)
an accessory dwelling or accessory dwelling unit, such as a caretaker's
dwelling or dwelling unit;
g) a business conducted in a dwelling or a building accessory to a dwelling
conducted by a resident of a dwelling and compatible with the primary
residential use of the property (home business);
h) a solar panel, satellite dish or similar device attached to a building.
These accessory uses shall be clearly subsidiary to and controlled so as to be
compatible with the primary use and the use of nearby properties.
33.
Advertisements
Advertisements shall not be erected or displayed except in accordance with Part
Ill of these Regulations.
34.
Archaeological Sites
(1) If an archaeological site or historical artifacts are discovered during construc-
tion, development shall stop and the Provincial Archaeology Office of the
Department of Tourism, Culture and Recreation consulted.
Development
shall not proceed until the Provincial Archaeology Office has evaluated the
site.
(2) Before approval is granted for a major development, such as a subdivision, or
a new commercial or public building, the application shall be referred to the
Provincial Archaeology Office for investigation.
35.
Building Line and Setback, Complementary Yard Setbacks
(1) The Town, by resolution, may establish building lines on an existing or
proposed 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 Schedule C of these Regulations.
(2) The building line setback is measured from the front property line.
(3) However, notwithstanding the minimum front, side and rear yard requirements
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set out under Schedule C, the Town may allow development to complement
existing building setbacks from the front, side and rear lot lines of the
adjoining properties by modifying the minimum yard requirements after
adjacent property owners are notified.
(4) The building line along Provincial highways shall not be less than that
specified under the provincial Building Near Highways Regulations.
36.
Building Near Highways Regulation
Any building, fence, shrub or hedge within 15 metres of the centre-line of the
Highway 70 cannot be approved until pennission is given by the Department of
Transportation and Works. Access to any provincial highway must be approved
by the Department of Transportation and Works before a permit is issued by the
Town.
37.
Buildings on a Lot
(1) Except for single dwellings, more than one principal or main building can be
permitted on a lot provided that the requirements of Schedule C are satisfied.
However, more than one single dwelling can be permitted on lot where it
forms part of a comprehensive development.
(2) Sufficient area shall be reserved to satisfy the yard and other allowances
called for in the Use Zone in which the lot is located and the allowances shall
be retained when the adjacent land is developed.
38.
Comprehensive Development
The Town may in its discretion permit a large scale private or public
comprehensive development that does not meet the requirements of these
Development Regulations for frontage on a publicly owned and maintained road
('public road'), lot size, lot frontage, minimum or maximum building line setback,
side yard width and rear yard depth, provided that:
a) the Town is satisfied that either the site conditions are such that the standard
requirements could not be met, or, the quality of the development would be
greater than could otherwise occur through the application of the standard
requirements;
b) a comprehensive development plan of the property has been granted
Approval in Principle by the Town, along with other approvals before permits
are issued for development;
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c) the comprehensive development itself has frontage on a public road and the
water supply and waste disposal services have been approved by the
Government Service Centre along with the Town;
d) the development is compatible with adjacent development;
e) there are at least two developments within the comprehensive development
and the land area of the development is at least one (1) hectare
(approximately 2.5 acres);
f) where roads and services are to be installed, the developer supplies sureties
to the Town as required under these Regulations or a policy adopted by the
Town.
39.
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 Town, 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 Town may require
special access and safety features to be provided for the occupants before
occupancy is permitted.
40.
Forestry and Trees
Forestry development, including timber cutting, is subject to the approval of the
Forestry Services Branch of the Department of Natural Resources and the Town.
Trees in subdivisions and on individual properties shall be retained or replaced
wherever possible, and in order ensure that this occurs, the Town shall require
that a landscaping and site grading plan is submitted for any new development
that entails the development of the entire site or significant portion thereof.
41.
Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be
waived in the case of communication masts and antennae, flagpoles, water
towers, spires, belfries, or chimneys, but any such waiver which results in an
increase of more than 20% in the permitted height of the structure shall only be
authorized under the provisions of Regulation 11.
42.
Heritage Sites and Areas
There are a number of properties of interest, including the former Methodist
Church Halls and Schools in Black Head and Adam's Cove, Black Head United
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Church, the Bowering Residence in Small Point. Broad Cove United Church, the
first Methodist Church Site Memorial and Cemetery, the Gussett's Cove Catholic
Church Memorial and Cemetery, together with cemeteries and other public and
private buildings throughout the four communities comprising the Town which are
significant to the Town's history and culture. No development shall be allowed
which could impair the quality or significance of these properties, or other
buildings or sites which would be so identified. Any development adjacent or
within 30 metres of these properties shall be reviewed by the Town to ensure that
there are no negative effects on these properties.
The Town may from time to time designate heritage sites and areas under the
Municipalities Act.
43.
Livestock Structures and Uses
Livestock structures and uses shall be reviewed by the Town and the
Department of Natural Resources - Agrifoods Development Branch and the
Department of Environment and Conservation to ensure that there is no conflict
with existing and future residential development. The Town may refuse to issue a
permit for livestock structure and use where in its opinion such a use would
constitute a nuisance to nearby residents.
44.
LotArea
(1) No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a front yard, rear yard, side yard,
frontage or lot area that is less than that permitted by these Regulations for
the zone in which such lot is located.
(2) Where any part of a lot is required by these Regulations to be reserved as a
yard, it shall continue to be so used regardless of any change in the
ownership of the lot or any part thereof, and shall not be deemed to form part
of an adjacent lot for the purpose of computing the area thereof available for
building purposes.
45.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots
already exist in any residential zone, with insufficient frontage or area to permit
the owner or purchaser of such a lot or lots to comply with the provisions of these
Regulations, then these Regulations shall not prevent the issuing of a permit by
the Town for the erection of a dwelling thereon, provided that the lot coverage
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and height are not greater than, and the yards and floor area are not less than
the standards set out in these Regulations.
46.
Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of
these Regulations, no residential or commercial building shall be erected unless
the lot on which it is situated fronts directly onto a publicly owned and maintained
street or forms part of a Comprehensive Development Scheme.
47.
Marine Coastline, Harbour Areas and Streams
In order to protect lives and property and the natural environment, the Town shall
review development proposals for sites adjacent or near streams and the marine
coast line and harbours shall be reviewed to ensure that unless it is a use
requiring direct access to the body of water:
a) it is not likely to be damaged by a storm;
b) it is not a vulnerable or critical use, that is, a residential use, a use catering
to persons with disabilities or other special needs, and/or a use related to
emergency services (example -
a fire station or emergency command
centre, emergency shelter or other facility) - uses which if damaged or
destroyed, could cause injury or loss of life and/or make it more difficult to
respond to an emergency.
Along the marine coastline except for marine related activities and temporary or
minor structures, new development may not be permitted at or below the 4 metre
elevation, unless it can be demonstrated to the satisfaction of the Town and other
relevant authorities that the risk is low and/or that the development can withstand
the damage that could be incurred by a flood or storm event.
The Town in its discretion may refuse to issue a permit for a development that
could be affected by a storm event based upon previous events, local knowledge
and/or research carried out in respect of climate change.
48.
Mineral Exploration
(1) No permit shall be issued by the Town for mineral exploration until the
necessary permits and approvals have been obtained from the Departments
of Natural Resources,
Government Services,
and
Environment and
Conservation, together with any other relevant Provincial agencies.
(2) Subject to the other provisions of the Development Regulations, mineral
exploration which is not classed as development by virtue of appreciable
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ground disturbance, construction of access roads, noise, odour and
appearance can be permitted anywhere in the Planning Area, provided that
adequate notification is provided to the Town.
(3) Mineral exploration which is classed as development can or may be permitted
in certain zones provided that adequate provision is made for buffering/and or
other mitigations of impacts of existing or future urban, residential,
commercial, industrial, institutional and recreational areas and provided that
all necessary approvals are obtained.
(4) Higher impact mineral exploration classed as development shall be subject to
conditions that control noise, appearance, duration of the drilling or
excavating program and the control of other impacts that may arise. The
precise nature of these controls will depend upon the location of the mineral
exploration in respect to built-up and environmentally sensitive areas, such as
watersheds, waterways and wetlands.
(5) Where there is to be ground disturbance, the developer shall provide a site
restoration surety and/or other satisfactory guarantees of site landscaping to
the Town.
49.
Non-Conforming Uses
(1) This Regulation is derived from Section 108 of the Urban and Rural Planning
Act 2000, and Sections 14, 15, and 16 of the Ministerial Development
Regulations.
(2) Notwithstanding a plan, scheme or regulations made under the Urban and
Rural Planning Act 2000, the Town shall, in accordance with regulations
made under this Act, allow a development or use of land to continue in a
manner that does not conform with a regulation, scheme, or plan that applies
to that land provided that the non-conforming use legally existed before the
registration under Section 24 of the Act of the plan, scheme or regulations
made with respect to that kind of development or use.
(3) Notwithstanding subsection (1 ), a right to resume a discontinued non-
conforming use of land shall not exceed one year. For the purpose of this
Regulation, discontinuance of a non-conforming use begins when any one of
the following conditions is met:
a) the building or use of land is clearly vacated or the building is demolished;
b) the owner or tenant has ceased paying business occupancy taxes for that
use;
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c) the owner or tenant has stated in writing that the use has ceased.
(4) 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 (2):
a) shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Town;
b) shall not be structurally modified except as required for the safety of the
building, structure or development;
c) shall not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, structure or
development has been destroyed;
d) may have the existing use for that building, structure or development
varied by the Town to a use that is, in their opinion more compatible with a
plan and regulations applicable to it;
e) may have the existing building extended by the Town where, in its opinion
that extension is not more than 50% of the existing building;
f) where the non-conformance is with respect to the standards included in
development regulations, the building, structure or development shall not
be expanded if the expansion would increase the non-conformity - and an
expansion must comply with the development standards applicable to that
building, structure or development;
g) where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with the appropriate plan and regulations,
be repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed; and
h) a residential building or structure referred to in the above paragraph must,
where being repaired or rebuilt, be repaired or rebuilt in accordance with
the plan and development regulations applicable to that building or
structure.
(5) Where considering a non conforming building, structure or development
under clause 4 (d) of this Regulation and before making a decision to vary an
existing use of that non-conforming building, structure or development, the
Town, at the applicant's expense, shall publish a notice in a newspaper
circulating in the area or by other means give public notice of an application to
vary the existing use of a non-conforming building, structure or development
and shall consider any representations or submissions received in response
to that advertisement.
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50.
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by
causing or promoting fires or other hazards or which may emit noxious, offensive
or dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive
noise or vibration, or create any nuisance that has an unpleasant effect on the
senses unless its use is authorized by the Town and any other authority having
jurisdiction.
51.
Offstreet Loading and Parking Requirements and Reduction
(1) See Schedule D.
(2) Reduction -
In order to facilitate adaptive re-use of existing buildings and
properties the Town may in its discretion reduce the minimum offstreet
parking and loading requirements beyond ten percent where it can be
established that there will be no negative impacts on nearby properties - that
is, that there will be no extended on-street parking or blocking of access and
that this reduction will not pose a safety hazard or create snow-clearing
difficulties.
52.
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.
53.
Recreational Trails and Walkways
(1) As a condition of an Approval in Principle and/or a development permit the
Town may require that a trail corridor be deeded to the Town or a non-profit
group approved by the Town, and where applicable, this may be considered
part of the open space requirement under Part IV of these Regulations.
(2) Wherever space and terrain characteristics allow, the appearance and use of
well known trails and/or mapped trails, including the Track (former railway bed
and right of way) shall be protected by natural vegetation buffers that
separate the trail and other forms of development and from hazard areas and
areas subject to erosion.
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(3) The vegetation buffer shall be deep enough to prevent shallow rooted trees
being knocked over by wind.
(4) The buffer is included within the trail corridor that includes the trail and the
buffer.
(5) The minimum width of a trail corridor shall be 30 metres -15 metres either
direction from the centre of the trail.
However, the trail corridor may be
reduced where:
a) the area adjacent the trail is already developed;
b) in the opinion of the Town it is necessary to reduce the corridor width due
to reasons of site conditions, ownership, or other pertinent factors, in
which case the trail corridor may be reduced to 15 metres.
(6) For a trail to be eligible for protection it must be well known and marked
and/or shown on the Land Use Zoning Maps, and/or on a plan of trails
adopted by the Town and/or, as indicated on a plan of a trail which has been
accepted by the Town.
(7) Unless it is already shown on the Land Use Zoning Maps or other plan
approved by the Town as a trail, the designation of a trail or trails for
protection shall be advertised in accordance with the provisions of Regulation
23 and an opportunity provided for persons to comment before a trail or plan
of trails is adopted by the Town.
(8) Within the trail corridor, only accessory recreational uses, public utilities and
roads can be allowed. No other development is permitted on or near the trail.
54.
Residential Buffer
(1) Where any proposed non-residential use is to abut an existing or proposed
residential use or a Residential zone, the proponent of the non-residential
development may be required to provide a buffer. Conversely, in the case of
a residential development locating adjacent to an existing or proposed non-
residential use or zone, the Town may require the developer of the residential
use to provide a buffer. Any such buffer may comprise hedges, trees, shrubs,
earthen berms or structural barriers that will sufficiently mitigate noise, visual
unpleasantness and other undesirable effects.
(2) Before approving any non-residential development near existing or proposed
residential development or residential zones, the Town must be satisfied that
the proposed non-residential development will not negatively affect the
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amenities and safety of nearby residential properties in the form of traffic
volumes and types, noise, air pollution, water course pollution and other
relevant matters.
55.
Screening and Landscaping
(1) The Town may, in the case of existing unsightly development, order the
owner or occupier to provide adequate and suitable landscaping or screening;
and for this purpose may require the submission of an application giving
details of the landscaping or screening, and these Regulations shall then
apply to that application.
(2) The provision of adequate and suitable landscaping or screening may be
made a condition of any development permit where, in the opinion of the
Town, the landscaping or screening is desirable to preserve amenity, or
protect the environment.
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 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.
Site Development and Subdivision Development
(1) The Town shall consider the suitability of the site in terms of steepness of
grades, soils and geology, and environmentally sensitive areas, including
waterways and wetlands, when reviewing a development application.
(2) The Town shall ensure that the proposed development is not inappropriate by
reason of:
a) precipitating or contributing to pollution in the area; and/or
b) causing erosion and/or sedimentation; and/or
c) causing damage to nearby properties.
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(3) When a subdivision or any development is being approved a portion of the
development site may be set aside for drainage control and this may include
retention ponds, swales and similar facilities. These drainage control facilities
shall not be included in the calculation of open space or public land as set out
under Section 37 of the Urban and Rural Planning Act 2000 and Regulation
15.
(4) The Town may require that a plan of an entire area be approved before a
subdivision or development occupying a portion of the area is approved.
58.
Site Development - Fill and Landscaping Permit Requirements
(1) A permit shall not be required for ordinary landscaping of a property or the
creation of a garden and similar activity unless such activity is likely to affect
adjacent properties or a water body.
(2) A permit shall be obtained from the Town before any filling-in or excavation of
land takes place. This permit may be the same as the one obtained for the
construction of a dwelling or other use.
(3) Where such filling-in or excavation can affect the buffer of water body or the
water body, then a permit shall also be obtained from the Department of
Environment and Conservation, and where applicable, the Department of
Fisheries and Oceans Canada.
(4) A landscaping and site grading plan for any new development shall form part
of the application for a development permit for a development which entails
the development of the entire site or significant portion thereof and to this
application shall be attached a plan showing vegetation - particularly trees,
water-bodies, rock outcrops and other natural features.
59.
Site Development - Quarry and Soil Removal
(1) If, as part of another development, quarry material is to be removed and sold
or otherwise disposed of, then a separate permit shall be obtained from the
Department of Natural Resources, Mineral Lands Division, for the removal of
quarry materials. A copy of the Town's permit must be forwarded to the
Mineral Lands Division.
(2) A site development quarry under this section is permitted wherever the use
that this quarry is associated with is permitted.
(3) A quarry permit issued under this section shall only be valid for a period of
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PART II-GENERAL DEVELOPMENT STANDARDS
one year or the term of the site development, whichever is the lesser.
However, if the Town feels that it is warranted, the permit may be renewed for
additional one-year periods up to a maximum of three years from the date of
the issuance of the first permit.
(4) When the work is completed, the area affected shall be suitably landscaped
and drained in accordance with a plan approved by the Town.
(5) If the site work is extensive, the Town may require the deposit of surety in
accordance with Regulation 14(3) that shall be returned to the developer
upon satisfactory completion of the work.
60.
Site Development - Slope Greater than 15 Percent or 20 Percent
(1) Before approving development and/or subdivision of a site having a slope
greater than 15 percent up to 20 percent, the Town may require the
submission of a review of the development proposal by a certified planner,
engineer, landscape architect or similar professional.
The review shall
evaluate the adequacy of site grading, drainage and landscaping and storm
water management and the potential of the development to cause erosion
onto and pollution of adjacent development and lands and bodies of water
receiving run-off from the site, and other similar matters.
(2) No development shall be permitted on a slope greater 20 percent unless it is
a public or private recreational use or public service or utility.
61.
Street Construction Standards
A new street may not be constructed except in accordance with and to the design
and specifications laid down by the Town.
62.
Subsidiary Apartments
Subsidiary apartments shall be permitted in single dwellings only, and for the
purposes of calculating lot area and yard requirements, shall be considered part
of the self-contained dwelling.
63.
Travel Trailers
(1) No travel trailer or other similar entity, including a camper-trailer, motor-home
or converted school-bus, and so forth shall be used as an accessory building.
(2) With the exceptions noted below and clauses (3) and (4) of this Regulation, a
travel trailer or any similar entity, may only be permitted in approved
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campgrounds that have adequate provision for water supply and waste
disposal in accordance with the Town's and Province's standards.
(3) Except where the owner of a travel trailer or similar entity is storing it at his or
her residence, a travel trailer shall only be stored in an approved campground
or other approved storage facility when it is not in use for a period exceeding
30 days.
(4) However, the Town may issue a 30 day temporary permit for a guest travel
trailer located on a residential property where there is already an approved
dwelling and where the Town is satisfied that this structure is only to be
occupied on a temporary basis and the structure is wholly self-contained in
respect of water supply and waste disposal. The permit may be renewed for
two additional 30 day periods.
(5) Clauses (2), (3) and (4) of this Regulation do not apply to travel trailers owned
by the owner or lessee of the residential property on which the trailer is
parked and construction trailers which are used as temporary offices or
accommodation or storage facilities during construction. However, a permit
shall be required for any such construction trailers.
64.
Unserviced Development
Development on individual parcels of land with onsite sewage disposal and/or
water supply requires the approval of the Department of Government Services
under the Sanitation Regulations of the Health and Community Services Act. In
addition to the standards regarding onsite sewage disposal and water supply, the
Department also sets out minimum lot area and frontage requirements for
unserviced development pursuant to the Sanitation Regulations.
65.
Unsubdivlded Land
Development is not permitted on unsubdivided land unless sufficient area is
reserved to satisfy the yard and other allowances called for in the Use Zone in
which it is located and the allowances shall be retained when the adjacent land is
developed.
66.
Uses Permitted In All Zones
In addition to conservation, which includes architectural, historical and scenic
sites under Schedule B, accessory buildings and uses, public services and public
utilities, recreational open space, trails, roads, accesses and driveways can be
allowed in all zones subject to the necessary reviews and compliance with these
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Regulations.
67.
Utilities - Wind Mills, Wind Farms, Other Energy Sources
Wind mills, wind turbines, wind farms and other energy forms, including solar
based and small hydro generating facilities - "Utilities" in Schedule B - and
associated facilities and services are subject to the approval of the Town and the
conditions set out below. Note: "Utilities" are not the same as "Public Utilities"
which are governed under the Public Utilities Act.
Utilities are subject to the approval of or exemption by relevant provincial and
federal departments and agencies and public utilities, including the Mines and
Energy Division of the Department of Natural Resources, NALCOR and
Transport Canada.
The design and location of such utilities shall take into consideration their impact
on nearby land uses and persons, the environment and archaeological resources
within the Town, along with other matters that the Town may deem to be
significant. Wind mills utilities within the built-up areas are limited to single wind
mills or wind turbines designed to serve particular properties.
To prevent damage to persons and properties due to the failure of a windmill or
any of its components or the shedding of ice, the Town shall ensure that there is
adequate separation distance between the windmill and nearby structures and
properties.
Unless specifically exempted by the relevant agencies, the design, construction
and location of a utility shall be certified by a professional engineer who has
consulted with the required agencies.
68.
Waterways and Wetlands
(1) Development within waterways and wetlands is subject to this Regulation and
all relevant provincial and federal policies and statutes, including Department
of Environment and Conservation Policy Directives W.R. 97-1, Development
in Shorewater Zones and 97-2, Development in Wetlands which are set out in
Schedule E. Where there is a conflict between the Policy Directives and this
Regulation, the more restrictive standards shall apply.
(2) The minimum width of a buffer along a waterway or wetland shall be 15
metres from the highwater mark, or 1 in 100 year flood zone, of the stream,
river, pond or other fresh water body or wetland. However along the marine
coast line and estuaries the minimum buffer shall be 30 metres.
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PART II-GENERAL DEVELOPMENT STANDARDS
(3) If the toe of an embankment with an average slope of 30% or more lies within
15 m of the highwater mark, or 1 in 100 year flood zone of the waterway, then
the buffer shall be measured from the top of the embankment.
(4) Where a water body buffer is zoned Environmental Protection, then the water
body buffer shall be the Environmental Protection Designation.
(5) Subject to the approval of the Department of Environment and Conservation
and the Town, the only uses that can be permitted in the buffer area of a
waterway are roads, driveways, public utilities, recreational open space and
trails and uses requiring direct access to a body of water, such as wharves
and docks and other marine related uses.
(6) Development, and this includes placing fill or other materials, within a
waterway and the buffer area of a waterway is subject to the approval of the
Town, the Provincial Government, and where necessary, the Government of
Canada.
(7) The Town or the Provincial Government may subject development within the
buffer area of a watercourse to an environmental review, and may approve,
approve subject to conditions, or refuse such development. The matter of
adequate and usable legal public access to the waterway shall be a
consideration in the review of an application for a structure within a buffer
and/or waterway.
(8) Any development within a body of water or involving the alteration of a body
of water must be approved by or exempted by the Department of
Environment and Conservation for Crown Lands and referrals, Coast Guard
Canada of the Department of Fisheries and Oceans - Navigable Waters Act,
Fish Habitat Division of the Department of Fisheries and Oceans and/or, the
Water Resources Management Division of the Department of Environment
and Conservation before a permit is issued by the Town.
(9) Development within a buffer is subject to the approval of the Water
Resources Management Division of the Department of Environment and
Conservation, Department of Fisheries and Oceans Canada and where
applicable, the Government Service Centre of the Department of Government
Services.
(10)
Wetlands can only be developed in such a way as to minimize damage
and impacts on the hydrology and environment of the area.
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PART II-GENERAL DEVELOPMENT STANDARDS
(11)
Any development within a wetland or the buffer of a wetland shall require
the approval of the Minister of Environment and Conservation as well as the
Town whether or not that wetland is zoned Environmental Protection under
the Development Regulations,
(12)
If a waterway or wetland is deemed to be minor, wherever possible such
waterways and wetlands shall remain undeveloped and protected by a buffer.
If a site is to be developed, alternatives to covering over or eliminating such
waterways and wetlands shall be explored, including relocation of the
waterway or wetland and/or redesign of the development.
(13)
A minor waterway is defined as being a drainage course, an intermittent
stream which does not carry significant storm flows and/or a stream which is
not a fish habitat.
(14)
A minor wetland is defined as a wetland less than 5,000 metres in area
not associated with a waterway and not deemed have a role in water
management, wildlife habitat or the conservation of an environmentally
sensitive area.
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PART III -ADVERTISEMENTS
PART Ill -ADVERTISEMENTS
69.
Advertisements and Signs
Note: The terms "advertisement" and "sign" are interchangeable.
(1) Permit Required - Unless specifically exempted, no advertisement shall be
erected or displayed in the Planning Area unless a permit for the
advertisement is first obtained from the Town, and, where necessary, from
the Department of Government Services.
(2) Form of Application - Application for a permit to erect or display an adver-
tisement shall be made to the Town in accordance with Regulation 17.
(3) Advertisements in Street Reservation - No advertisement shall be permitted
to be erected or displayed within, on or over any highway or street reservation
unless it is a premises sign (advertisement relating to onsite uses) and unless
this sign has been approved by the Town and where necessary, the
Department of Government Services.
(4) Permit Valid for Limited Period - A permit granted under these Regulations
for the erection or display of an advertisement shall be for a limited period, not
exceeding two years, but may be renewed at the discretion of the Town for
similar periods.
(5) Advertisements. Non-Compliant - Except where an advertisement is deemed
to fall under one of the categories described under Clause (6) of this
Regulation, an advertisement presently not in compliance with the
Regulations shall be removed or brought into compliance within one year of
the date of written notification by the Town.
(6) Removal of Advertisements -
Notwithstanding the provisions of these
Regulations, the Town may require the removal of any advertisement which,
in its opinion, is:
a) hazardous to road traffic by reason of its siting, colour, illumination,
maintenance or structural condition, or;
b) detrimental to the amenities of the surrounding area.
(7) Advertisements - Non-Conforming Uses -
A permit may be used for the
erection or display of advertisements on a building or within the courtyard of a
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PART Ill -ADVERTISEMENTS
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 Town.
(8) Prohibition -A sign shall not be erected, posted or placed:
a) where, in the opinion of the Town, that sign would be hazardous to road
traffic by reason of its siting, illumination or structural condition;
b) where, in the opinion of the Town that sign would be detrimental to the
amenities of surrounding areas or length of highway or road;
c) where that sign is not maintained to the satisfaction of the Town;
d) within or over a highway or street intersection unless otherwise approved
by the Town for Town roads, or by the Department of Transportation and
Works for roads under Provincial jurisdiction;
e) with the exception of premises advertisements, within 300 metres, or a
distance specified by the Department Transportation and Works, or the
Town of the intersection of two or more highways and/or for Town roads,
or from the crossing of a public road; and
f) on a sign erected by the Department Transportation and Works.
(9) Signs or Advertisements Not Specifically Covered -
If an application is
received for a sign or advertisement that does not fall into one of the
categories set out under these Regulations, subject to the other applicable
requirements of these Regulations, the Town may approve, approve with
conditions, or refuse to approve the sign or advertisement.
70.
Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area
without application to the Town:
a) a posting of a candidate in a federal, provincial or municipal election or a
regional school board election;
b) a temporary sign relating to federal, provincial or municipal public works;
c) a notice required by law to be posted;
d) a regulatory, warning, directional, guide or informational sign erected by the
Department of Transportation and Works;
e) a sign placed by a telephone, telegraph or electric power company to indicate
danger;
f) a sign, not exceeding 0.5 m- in area, advertising the sale or rental of a
building or lot upon which the sign is located;
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PART III -ADVERTISEMENTS
g) a flag, emblem or insignia of a nation, country or province;
h) one temporary sign related to building construction located on a site on which
the work is being carried out;
i) on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.2 m- in area;
j) on an agricultural holding or farm, a notice board not exceeding 1.5 m- in area
and relating to the operations being conducted on the land;
k) on land used for forestry purposes, signs or notices not exceeding 1 m- in
area and relating to forestry operations or the location of logging operations
conducted on the land;
I) on land used for mining or quarrying operations, a notice board not exceeding
1 m- in area relating to the operation conducted on the land;
m) on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.2 m- in area in connection with the practice of a business carried
on in the premises;
n) on any site occupied by a church, school, library, art gallery, museum,
institution or cemetery, one notice board placed no closer than 3 metres from
a street line;
o) on the principal facade of any commercial, industrial or public building, the
name of the building or the name of the occupants of the building, in letters
not exceeding one-tenth of the height of that facade or 3 m, whichever is the
lesser;
p) on any parking lot directional signs and one sign not exceeding 1 m- in size,
identifying the parking lot; and,
q) a sign indicating the location of a municipal or municipal planning area
boundary, located beyond the back slope of a highway ditching.
71.
Advertisements - Temporary and/or Portable Signs
(1) A temporary and/or portable sign may be permitted in any zone for a period
not exceeding 30 consecutive days, or 45 days at the Town's discretion
where purpose of the sign is to promote a not-for-profit initiative, provided the
sign:
a) does not exceed 5 m2 in area;
b) does not create or aggravate a traffic hazard, such as by blocking a sight-
line;
c) does not interfere with other lawful signs, including directional signs;
d) is of location, materials, design and colour in keeping with the character
and appearance of the area:
e) if necessary, is approved by the Department of Government Services,
together with the Town.
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PART ill -ADVERTISEMENTS
(2) A renewal permit for a temporary sign may only be issued after 30 days have
passed since the original permit has expired.
(3) A free standing temporary or portable sign affixed to the ground by legs shall
be properly anchored to the ground in a manner that is sound and attractive.
(4) If it is not exempted from these Regulations, with the written permission of
Newfoundland Power, or the owner if not Newfoundland Power, a sign may
be permitted on a utility pole.
72.
Advertisements and Signs near Highways
Pursuant to Newfoundland Regulation 85/99 as amended, the Provincial
Government has designated "control lines" alongside each provincially
maintained route. These lines extend 400 metres from the highway centrelines,
except that the control area is reduced within Municipal Boundaries to 100
metres from the centreline of a provincial highway.
Advertisements and signs falling within the designated control lines of any
highway must be referred to and approved or exempted by the Government
Services office serving the area.
73.
Advertisements Relating to On-Site Uses
This section deals with signage relating to on site uses - that is, uses located on
the same property as the sign or signs. Sign types include free standing signs,
signs affixed to buildings, fences and other structures, fascia signs and the use of
building surfaces for advertising.
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming
use in a use zone shall be as set out below.
(1) The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Town, having regard for the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(2) The maximum allowable size of the advertisement shall be determined in
accordance with Clause (1) above and in consideration of the size of the
premise or premises being advertised. For example, a sign for a large
shopping centre would necessarily be of a different scale than one for a
convenience store.
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PART III -ADVERTISEMENTS
(3) Only one free standing advertisement per entrance or exit shall be permitted
in the front of a multi-use building, strip mall, shopping centre and similar
facilities containing more than one premise. However, one additional sign
shall be permitted in the front of a building if it is a free-standing temporary
sign as set out under Regulation 69.
(4) Where an advertisement is attached to the roof of a building and protrudes
above the roof, then it shall be included in the calculation of the height of the
building.
74.
Advertisements Relating to Off-Site Uses
This Regulation deals with signage relating to off-site site uses - that is, uses not
located on the same property as the sign or signs. Sign types include free
standing signs, signs affixed to buildings, fences and other structures, fascia
signs and the use of building surfaces for advertising.
(1) Except as noted in Clause (2) of this Regulation, the conditions to be applied
to the erection or display of an advertisement on any site, relating to a use
permitted in a zone, or not relating to a specific land use, shall be as set out
below.
a) The advertisement shall not exceed 3 m2 in area.
b) When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to the premises to which they
relate.
c) The location, siting and illumination of each advertisement shall be to the
satisfaction of the Town, having regard to the grade and alignment of
streets, the location of street junctions, the location of nearby buildings
and the preservation of the amenities of the surrounding area.
(2)
The size restriction of Clause (1) a) of this Regulation are waived where
the Town has erected or permitted to be erected an advertisement related
to a civic or improvement or other public purpose.
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PART IV - SUBDIVISION OF LAND
PART IV· SUBDIVISION OF LAND
75.
Permit Required and Sureties
(1)
No land in the Planning Area shall be subdivided into two or more lots
unless a permit for the development of the subdivision is first obtained
from the Town.
(2)
Before an Approval in Principle or permit is issued for a subdivision
requiring the construction and/or upgrading of roads and municipal water
and/or sewer services the Town shall require the deposit of surety in a
form satisfactory to the Town to ensure the completion of the work in
accordance with the approval. The requirements for a surety, along with
other matters, shall be set out in the Subdivision Policy adopted by the
Town and any agreements pursuant to that policy.
76.
Subdivisions - Groundwater Supply Assessment
The approval of new unserviced subdivisions containing five or more lots or the
addition of unserviced lots to existing unserviced subdivisions require that a
groundwater assessment be done to determine with high probability that
acceptable quality and quantity drinking water will be available to homeowners
for both the short and long term. This shall be done in accordance with the
Provincial Land Use Policy - 'Groundwater Supply Assessment and Reporting
Guidelines for Subdivisions Serviced by Individual Private Wells' as from time to
time amended and administered by the Department of Environment and
Conservation, Water Resources Management Division.
This policy provides the administrative and technical guidance to developers
applying for subdivision approval and to ensure that the development proposals
are submitted with the required technical support.
77.
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Town 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.
78.
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 Town for connection
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PART IV - SUBDIVISION OF LAND
to services, utilities and streets deemed necessary for the proper development of
the subdivision, and all service levies and other charges imposed under the
Development Regulations.
79.
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Town, 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
Town shall, without limiting the generality of the foregoing, consider:
a) the location of the land;
b) the availability of and the demand created for schools, services, and utilities;
c) the provisions of the Plan and Regulations affecting the site;
d) the land use, physical form and character of adjacent developments;
e) the transportation network and traffic densities affecting the site;
f) the relationship of the project to existing or potential sources of nuisance;
g) soil and subsoil characteristics;
h) the topography of the site and its drainage;
i) natural features such as lakes, streams, topsoil, trees and shrubs;
j) prevailing winds;
k) visual quality;
I)
community facilities;
m) energy conservation;
n) such other matters as may affect the proposed development.
80.
Building Permits Required
Notwithstanding the approval of a subdivision by the Town, a separate building
permit shall be obtained for each building proposed to be erected in the area of
the subdivision, and no building permit for any building in the area shall be issued
until the developer has complied with all the provisions of these Regulations with
respect to the development of the subdivision.
81.
Form of Application
Application for a permit to develop a subdivision shall be made to the Town in
accordance with Regulation 17.
82.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
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83.
Building Lines
PART IV -SUBDIVISION OF LAND
The Town may establish building lines for any subdivision street and require any
new building to be located on such building lines.
84.
Land for Public Open Space and Storm Water Management
(1) Before a development commences, the developer shall, if required, dedicate
to the Town, at no cost to the Town, an area of land equivalent to 10% of the
gross area of the subdivision for public open space, provided that:
a) where land is subdivided for any purpose other than residential use, the
Town shall determine the percentage of land to be dedicated;
b) if, in the opinion of the Town, no public open space is required, the land
may be used for such other public use as the Town may determine:
c) the location and suitability of any land dedicated under the provisions of
this Regulation shall be subject to the approval of the Town but in any
case, the Town shall not accept land which, in its opinion is incapable of
development for any purpose;
d) the Town 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 Town in accordance with clause (1) d) above, shall
be reserved by the Town for the purpose of the acquisition or development
of land for public open space or other public purpose.
(2) Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Town and may be sold or leased by the Town for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall be
applied against the cost of acquisition or development of any other land for
the purposes of public open space or other public purposes.
(3) The Town may require a strip of land to be reserved and remain undeveloped
along the banks of any river, brook or pond, and this land may, at the
discretion of the Town, constitute the requirement of land for public use under
Clause (1) of this Regulation.
(4) Land required for storm-water management and drainage control, such as
retention ponds and vegetated swales, shall be in addition to the land
dedicated for public use as set in Clause (1) of this Regulation. Subject to a
subdivision agreement this land may be deeded to the Town or, remain in
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private ownership.
(5) See also Regulation 15.
85.
Structure in Street Reservation
PART IV - SUBDIVJSION OF LAND
The placing within any street reservation of any structure (for example, a hydro
pole, telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post)
shall receive the prior approval of the Town which shall be satisfied on the
question of safe construction and relationship to the adjoining buildings and other
structures within the street reservation.
86.
Subdivision Design Standards
Except as otherwise specified in a Subdivision Policy adopted by the Town, no
permit shall be issued for the development of a subdivision under these
Regulations unless the design of the subdivision conforms to the standards
below.
(1) The finished grade of streets shall not exceed 10 percent, or up lo 12 percent
at the discretion of the Town where it would otherwise be impossible to
develop the site, or compliance with the 1 O percent requirement would entail
excessive cutting and filling.
(2) Every cul de sac shall be provided with a turning circle of a diameter of not
less than 30 m.
(3) The maximum length of any cul de sac shall be:
a) 250 m where no emergency access is provided;
b) 300 m where emergency access is provided or more than 300 m where
the cul de sac is connected to an arterial or collector road.
(4) 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.
(5) No cul de sac shall be located so as to appear to terminate a collector street.
(6) New subdivisions shall have street connections with an existing street or
streets.
(7) 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.
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PART JV - SUBDIVISION OF LAND
(8) No street intersection shall be closer than 60 m to any other street
intersection.
(9) No more than four streets shall join at any street intersection.
(10)
No residential street block shall be longer than 490 m between street
intersections.
(11)
Streets subdivisions shall be designed in accordance with the Subdivision
Policy adopted by the Town, but in the absence of such standards, shall
conform to the following minimum standards:
Type of Street
Street
Pavement
Walkway Width
Walkway
Reservation
Width
and Design
Number
Arterial Streets
30m
15 m
As determined
As
by the Town
determined
bvthe Town
Collector Streets
20m
9m
As determined
As
by the Town
determined
bv the Town
Local Streets
15 m
7m
As determined
As
by the Town
determined
by the Town
(12)
Residential lots shall not be permitted which abut a local street at both
front and rear lot lines except as otherwise approved by the Town.
(13)
The Town may require any existing natural, historical or architectural
feature or part thereof to be retained when a subdivision is developed.
(14)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
(15)
A cul de sac shall not be permitted unless the Town is satisfied that there
is no reasonable alternative to developing the property.
(16)
Water and sewer mains shall be designed as loops to avoid dead-ending.
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PART IV - SUBDIVISION OF LAND
87.
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 Town 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 Town, be incorporated in the plan of
subdivision.
(2) Upon approval by the Town of the proposed subdivision, the Engineer shall
certify all work of construction layout preliminary to the construction of the
works and thereupon the developer shall proceed to the construction and
installation, at his own cost and in accordance with the approved designs and
specifications and the construction layout certified by the Engineer, of all
such water mains, hydrants, sanitary sewers and all appurtenances and of all
such streets and other works deemed necessary by the Town to service the
said area.
88.
Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Town 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 and Geoscientists of Newfoundland and Labrador and in
effect at the time the work is carried out.
89.
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks
and paving specified by the Town as being necessary, may, at the Town's
discretion, be deferred until a later stage of the work on the development of the
subdivision but the developer shall deposit with the Town 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 Town 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 Town the amount of the
excess. If the contract price is less than the deposit, the Town shall refund the
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PART JV - SUBDIVISION OF LAND
amount by which the deposit exceeds the contract price.
Any amount so
deposited with the Town 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.
90.
Transfer of Streets and Utilities to Town
(1) The developer shall, following the approval of the subdivision of land and
upon request of the Town, transfer to the Town, at no cost to the Town, 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 Town 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 Town.
(2) Before the Town shall accept the transfer of lands, services or public works of
any subdivision, the Engineer shall, at the cost to the developer, test the
streets, services and public works installed in the subdivision and certify his
satisfaction with their installation.
(3) The Town 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 Town.
91.
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 Town 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.
92.
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.
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PART IV - SUBDIVISION OF LAND
(2) Building groupings, once approved by the Town, shall not be changed without
written application to and subsequent approval of the Town.
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PART V - USE ZONES
93.
Use Zones
PART V - USE ZONES
(1) For the purpose of these Regulations, the Planning Area is divided into Use
Zones which are shown on the Zoning Map attached to and forming part of
these Regulations.
(2) Subject to Regulation 90(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 Town may in its
discretion, determine the standards, requirements and conditions which shall
apply.
94.
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone
Tables in Schedule C shall be determined by the Town in accordance with the
classification and examples set out in Schedule B.
95.
Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes
set out in the appropriate Use Zone Table in Schedule C shall be permitted by
the Town in that Use Zone.
96.
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use
Classes set out in the appropriate Use Zone Table in Schedule C may be
permitted in that Use Zone if the Town 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 Town has given notice of the application in
accordance with Regulation 23 and has considered any objections or
representations which may have been received on the matter.
97.
Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use
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PART V- USE ZONES
Classes set out in the appropriate Use Zone Tables in Schedule C shall not be
permitted in that Use Zone.
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SCHEDULE A ·DEFINITIONS
SCHEDULE A - DEFINITIONS
GENERAL NOTE:
A definition marked with an asterix* is also included in the Ministerial
Development Regulations or the Act. Where there is a conflict, the Ministerial
Development Regulations or the Act prevail.
ACCESS* means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from a street to adjacent or nearby land or to go from that land to
the street.
ACCESSORY BUILDING* 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 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, vegetable storage cellars, shelters for
domestic pets, or radio and television antennae,
(iii)
for commercial uses, workshops, or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks.
ACCESSORY USE* means the use that is subsidiary to a permitted or discretionary
use and that is customarily expected to occur with the permitted or discretionary use.
ACT*, unless the context indicates otherwise, means the Urban and Rural Planning Act
2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device
or representation, whether illuminated or not, in the nature of and employed wholly or in
part for the purposes of advertisement, announcement or direction; excluding such
things employed wholly as a memorial, or functional advertisement of Councils, or other
local authorities, public utilities and public transport undertakers, and including any
boarding or similar structure used or adapted for use for the display of advertisements.
AGRICULTURE means horticulture, fruit growing, grain growing, seed growing, dairy
farming, the breeding or rearing of livestock, including any creature kept for the
production of food, wool, skins, or fur, or for the purpose of its use in the farming of land,
the use of land as grazing land, meadow land, osier land, market gardens and nursery
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SCHEDULE A - DEFINITIONS
grounds and the use of land for woodlands where that use is ancillary to the farming of
land for any other purpose. "Agricultural" shall be construed accordingly.
AMUSEMENT USE means the use of land or buildings equipped for the playing of
electronic, mechanical, or other games and amusements including electronic games,
pinball games and slot machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
1 cow (including calf);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
APARTMENT BUILDING means a building containing three or more dwelling units, but
does not include a row dwelling.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT means a person who has applied to a Town for an approval or permit to
carry out a development.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic
arteries of the area, including a provincial highway or other road designed to
accommodate through traffic.
AUTHORITY* means a council, authorized administrator or regional authority.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment
for paid temporary accommodation for up to sixteen (16) overnight guests that may
include a dining room for the use of overnight guests and their invitees. The
establishment must be registered with and receive a rating from Canada Select and
also must be approved by the Provincial Department of Tourism, Culture and
Recreation as a Bed and Breakfast operation.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
45
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Development Regulations 2011
SCHEDULE A - DEFINITIONS
persons other than the immediate family of the owner or tenant.
BUILDING* means
(i)
a structure, erection, alteration or improvement placed on, over or under
land or attached, anchored or moored to land,
(ii)
mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar uses,
(iii)
a part of and fixtures on buildings referred to in subparagraphs (i) and (ii),
(iv)
an excavation of land whether or not that excavation is associated with the
intended or actual construction of a building or thing referred to in
subparagraphs (i) to (iii).
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 eave and ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure,
smokestacks, steeples and purely ornamental structures above a roof.
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.
CAMPGROUND means the use of land for the accommodation of travel trailers,
recreational vehicles, and/or tents.
COLLECTOR STREET means a street that is designed to link local streets with arterial
streets.
DAYCARE CENTRE or DAY NURSERY means 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.
DECK means a raised structure that has a walking surface within one storey of the
established grade at the ground level of that face of the building that may or may not be
attached to a main or principal building, and does not have a permanent roof.
DEVELOPMENT* means the carrying out of any building, engineering, mining or other
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Development Regulations 2011
SCHEDULE A - DEFINITIONS
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 the
(i)
making of an access onto a highway, road or way,
(ii)
erection of an advertisement or sign,
(iii)
construction of a building,
(iv)
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 excludes the
(v)
carrying out of works for the maintenance, improvement or other alteration
or any building, being works which affect only the interior of the building or
which do not materially affect the external appearance or use of the
building,
(vi)
carrying out by a highway authority of any works required for the
maintenance or improvement of a road, being works carried out on land
within the boundaries of the road reservation,
(vii)
carrying out by any local authority or statutory undertakers of any works
for the purpose of inspecting, repairing or renewing any sewers, mains,
pipes, cables or other apparatus, including the breaking open of any street
or other land for that purpose, and
(viii)
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 a dwelling.
DEVELOPMENT REGULATIONS* means regulations made under sections 34 to 38 (of
the Urban and Rural Act 2000).
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.
DOUBLE DWELLING means 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 means a self-contained unit consisting of one or more habitable
rooms used or designed as the living quarters for one household.
ENGINEER means a professional engineer employed or retained by the Town.
ESTABLISHED GRADE* means,
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Development Regulations 2011
SCHEDULE A - DEFINITIONS
(i)
where used in reference to a building, the average elevation of the finished
surface of the ground where it meets the exterior or the front of that building
exclusive of any artificial embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average
elevation of the finished grade of the ground immediately surrounding the
structure exclusive of any artificial embankment or entrenchment.
FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no
more than six (6) persons exclusive of staff in a home-like setting. Subject to the size
limitation, this definition includes, but is not limited to, the facilities called "Group
Homes", "Halfway House", and "Fosler Home".
FLOOR AREA* means the total area of all floors in a building measured to the outside
face of exterior walls.
FRONT AGE* means the horizontal distance between side lot lines measured at the
building line.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the
front wall of the main building on the lot.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use
to a main building on the lot.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing,
breaking up, demolishing, or treating any article, commodity or substance. "Industry"
shall be construed accordingly.
GENERAL GARAGE means 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 means the use of land or buildings for industrial purposes
involving the use of materials or processes which because of their inherent
characteristics, constitute a special fire, explosion, radiation or other hazard.
HOME BUSINESS means a secondary use of a dwelling and/or its accessory building
by at least one of the residents of the dwelling to conduct a gainful occupation or
business activity.
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SCHEDULE A - DEFINITIONS
INSPECTOR means any person appointed and engaged as an Inspector by the Town
or by any federal or provincial authority or the agent thereof.
INSTITUTION means a building or part thereof occupied or used by persons who:
(a)
are involuntarily detained, or detained for penal or correctional purposes,
or whose liberty is restricted, or;
(b)
require special care or treatment because of age, mental or physical
limitations or medical conditions.
LAND*: includes land covered by water, and buildings and structures on, over, under
the soil and fixtures that form part of those buildings and structures.
LIGHT INDUSTRY means the 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 means a street designed primarily to provide access to adjoining land
and which is not a collector street or arterial.
LODGING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
LOT* means a plot, tract or parcel of land which can be considered as a unit of land for
a particular use or building.
LOT AREA* means the total horizontal area within the lines of the lot.
LOT COVERAGE* means the combined area of all buildings on the 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.
MAIN BUILDING - See Principal Building.
MARINA means a dock or basin together with associated facilities
where slips,
moorings, supplies, repairs, and other services that are typically available for boats and
other watercraft, including storage, sales and rentals, with or without a club house and
catering facilities. It can also include a boat-house or shed associated with a dock or
wharf.
MINERAL EXPLORATION means the activity of searching for minerals or mineral
occurrences, including oil exploration, wherein, for the purposes of these Regulations it
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Town of Town of Small Point -Adam's Cove
Development Regulations 2011
SCHEDULE A - DEFINITIONS
takes the form of development - that is visible and appreciable disturbance to soil.
MINERAL WORKING means land or buildings used for the working or extraction of
construction aggregates.
MINI-HOME means a prefabricated single dwelling complying with the National Building
Code and having the dimensions of a single-wide mobile home and which has been
transported to the site on a single trailer.
MINING means land or buildings used for the extraction of ores, salts, oil and/or natural
gas.
MOBILE HOME means a transportable factory-built single family dwelling unit:
{a)
which complies with space standards substantially equal to those laid
down in the Canadian Code for Residential Construction and is in
accordance with the construction standards laid down and all other
applicable Provincial and Municipal Codes and;
{b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot,
and subsequently supported on its own wheels, jacks, posts or
piers, or on a permanent foundation and;
(ii)
connected to exterior public utilities approved by the Town, 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 means a mobile home development under single or joint
ownership, cared for and controlled by a mobile home park operator where individual
mobile home lots are rented or leased with or without mobile home units placed on them
and where ownership and responsibility for the maintenance and development of site
facilities including underground services, access roads, communal areas, snow clearing
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 Town.
MOBILE HOME SUBDIVISION means a mobile home development requiring the
subdivision of land whether in single or joint ownership into two or more pieces or
parcels of land for the purpose of locating thereon mobile home units under either
freehold or leasehold tenure and where the maintenance of streets and services is the
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Town of Town of Small Point -Adam's Cove
Development Regulations 2011
SCHEDULE A - DEFINITIONS
responsibility of a municipality or public authority, and where the mobile home
development is classified as a mobile home subdivision by the Town.
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,
OWNER* means a person or an organization of persons owning or having the legal
right to use the land under consideration.
PERMITTED USE* means a use that is listed within the permitted use classes set out in
the use zone tables of an authority's development regulations.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
PRINCIPAL BUILDING(S) means the building or buildings in which the primary use of
the lot on which the building is located is conducted. This term is interchangeable with
the term Main Building.
PROHIBITED USE* means a use that is not listed in a use zone within the permitted
use classes or discretionary use classes or a use that an authority specifies as not
permitted within a use zone.
REAR YARD DEPTH* means the distance between the rear lot line and the rear wall of
the main building on a lot.
RESTAURANT means a building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with meals or refreshments for
consumption on the premises.
ROW DWELLING means a dwelling containing three or more dwelling units at ground
level in one building, each unit separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal
or recreational use, and is not intended for use as permanent living quarters. Also
'Seasonal Residential'.
SEMI-SERVICED DEVELOPMENT means development which is connected to the
municipal water .Qr municipal sewer system, whether or not the sewage is piped directly
to a body of water.
SERVICE STATION means any land or building used exclusively for the sale of
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Town of Town of Small Point -Adam's Cove
Development Regulations 2011
SCHEDULE A - DEFINFTIONS
petroleum products, automotive parts and accessories, minor repairs, washing and
polishing of motor vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for
the purpose of limiting direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary
purpose is the selling or offering for sale of goods, wares or merchandise by retail or the
selling or offering for sale of retail services but does not include an establishment
wherein the primary purpose is the serving of meals or refreshments, an amusement
use, a general garage, or a service station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing a minimum
of 5 retail establishments.
SHOWROOM means a building or part of a building in which samples or patterns are
displayed and in which orders may be taken for goods, wares or merchandise, including
vehicles and equipment, for later delivery.
SIDE YARD DEPTH* means the distance between the side lot line and the nearest side
wall of a building on the lot.
SIGN- means a word, letter, model, placard, board, device or representation whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly
as a memorial, advertisements of local government, utilities and boarding or similar
structures used for the display of advertisements.
STREET* means a street, road or highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other
emergency vehicles.
STREET LINE* means the edge of a street reservation as defined by the authority
having jurisdiction.
SUBDIVISION* means the dividing of any land, whether in single or joint ownership,
into 2 or more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
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SCHEDULE A - DEFINITIONS
TAKE-OUT FOOD SERVICE means 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 entertainment may be provided.
UNSERVICED DEVELOPMENT means development which is not connected to the
municipal water and sewer system, whether or not the sewage is piped directly to a
body of water.
USE- means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE- means an area of land including buildings and water designated
on the Zoning Map to which the uses, standards and conditions of a particular use zone
table apply.
VARIANCE* means a departure, to a maximum of 10% from the yard area, lot
coverage, setback, size, height, frontage or any other numeric requirement of the
applicable Use Zone Table of the authority's regulations.
ZONING MAP" means the map or maps attached to and forming part of the
Regulations.
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Town of Town of Small Point -Adam's Cove
Development Regulations 2011
SCHEDULE B - CLASSIFICATION
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
ASSEMBLY USES
Cultural and Civic
Libraries, Museums, Art
Galleries, Court Rooms,
Meeting Rooms, Council
Chambers
ASSEMBLY USES
General Assembly
Community Halls, Lodge
Halls, Dance Halls,
Gymnasia, Auditoria,
Bowlina Allevs
ASSEMBLY USES
Educational
Schools, Colleges (non-
residential)
ASSEMBLY USES
Place of Worship
Churches and similar
places of worship, Church
Halls
ASSEMBLY USES
Passenger Assembly
Passenger Terminals
ASSEMBLY USES
Club and Lodge
Private Clubs and Lodges
(non-residential)
ASSEMBLY USES
Catering
Restaurants, Bars,
Lounaes
ASSEMBLY USES
Funeral Home
Funeral Homes and
Chapels
ASSEMBLY USES
Child Care
Day Care Centres
ASSEMBLY USES
Amusement
Electronic Games
Arcades, Pinball Parlours,
Poolrooms
ASSEMBLY USES
Indoor Assembly
Arenas, Armouries, Ice
Rinks, Indoor Swimming
Pools
54
Town of Town of Small Point - Adam's Cove
Development Regulations 2011
SCHEDULE B - CLASSIFICATION
SCHEDULE B ·CLASSIFICATION OF USES OF LAND AND BUILDINGS ... cont'd
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Outdoor Assembly
Bleachers, Grandstands,
Outdoor Ice Rinks and
Swimming Pools,
Amusement Parks and
Fair-grounds, Exhibition
Grounds, Drive-in
Theatres
ASSEMBLY USES
Campground
Campgrounds,
Recreational Vehicle and
Travel Trailer
Camnnrounds
INSTITUTIONAL USES
Penal and Correctional
Jails, Penitentiaries, Police
Detention
Stations (with detention
quarters), Prisons,
Psychiatric, Hospitals
(with detention quarters),
Reformatories
INSTITUTIONAL USES
Medical Treatment and
Children's Homes,
Special Care
Convalescent Homes
Homes for Aged,
Hosoitals, Infirmaries
RESIDENTIAL USES
Single Dwelling
Single Detached
Dwellings, Family & Group
Homes
RESIDENTIAL USES
Double Dwelling
Semi-detached Dwelling,
Duplex Dwellings, Family
& Group Homes
RESIDENTIAL USES
Row Dwelling
Row Houses, Town
Houses, Family & Group
Homes
RESIDENTIAL USES
Apartment Building
Apartments, Family &
Group Homes
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Town of Town of Small Point -Adam's Cove
Development Regulations 2011
SCHEDULE B - CLASSIFICATION
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ... cont'd
GROUP
CLASS
EXAMPLES
RESIDENTIAL USES
Collective Residential
Educational Residences,
Nurses and Hospital
Residences, etc.
RESIDENTIAL USES
Boarding House
Boarding Houses, Lodging
Residential and/or Bed
Houses, Bed and
and Breakfast
Breakfast
RESIDENTIAL USES
Commercial Residential
Hotels & Motels, Hostels,
Residential Clubs
RESIDENTIAL USES
Seasonal Residential
Summer Homes & Cabins,
Hunting & Fishina Cabins
RESIDENTIAL USES
Mobile Homes
Mobile Homes
RESIDENTIAL USES
Seniors' Housing and
Seniors' Housing and
Personal Care Facilities
Personal Care Facilities
BUSINESS & PERSONAL
Office
Offices (including
SERVICE USES
Government Offices),
Banks
BUSINESS & PERSONAL
Medical and Professional
Medical Offices and
SERVICE USES
Consulting Rooms,
Dental Offices &
Surgeries, Legal Offices &
Similar Professional
Offices
BUSINESS & PERSONAL
Personal Service
Barbers, Hairdressers,
SERVICE USES
Beauty Parlours, Small
Aooliance Repairs
BUSINESS & PERSONAL
General Service
Self-service Laundries, Dry
SERVICE USES
Cleaners (not using
flammable or explosive
substances), Small Tool
and Appliance Rentals,
Travel Aaents
BUSINESS & PERSONAL
Communications
Radio Stations, Telephone
SERVICE USES
Exchanaes
BUSINESS & PERSONAL
Police Station
Police Stations without
SERVICE USES
detention quarters
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Town of Town of Small Point - Adam's Cove
Development Regulations 2011
SCHEDULE B - CLASSIFICATION
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ... cont'd
GROUP
CLASS
EXAMPLES
BUSINESS & PERSONAL
Taxi Stand
Taxi Stands
SERVICE USES
BUSINESS & PERSONAL
Take-out Food Service
Take-out Food Service
SERVICE USES
BUSINESS & PERSONAL
Veterinary
Veterinary Surgeries
SERVICE USES
MERCANTILE USES
Shopping Centre
Shopping Centres
MERCANTILE USES
Shop
Retail Shops and Stores
and Showrooms,
Department Stores
MERCANTILE USES
Indoor Market
Market Halls, Auction Halls
MERCANTILE USES
Outdoor Market
Market Grounds, Animal
Markets, Produce and
Fruit Stands, Fish Stalls
MERCANTILE USES
Convenience Store
Confectionary Stores,
Corner Stores, Gift Shops,
Specialty Shops
INDUSTRIAL USES
Hazardous Industry
Bulk Storage of hazardous
liquids and substances,
Chemical Plants,
Distilleries
Feed Mills, & Lacquer,
Mattress, Paint, Varnish,
and Rubber Factories,
Spray Painting
INDUSTRIAL USES
General Industry
Factories, Cold Storage
Plants, Freight Depots
General Garages,
Warehouses, Workshops,
Laboratories, Laundries,
Planing Mills, Printing
Plants, Contractors' Yards
INDUSTRIAL USES
Service Station
Gasoline Service Stations,
Gas Bars
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Town of Town of Small Point -Adam's Cove
Development Regulations 2011
SCHEDULE B - CLASSIFICATION
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ... cont'd
GROUP
CLASS
EXAMPLES
INDUSTRIAL USES
Light Industry
Light Industry, Parking
Garages, Indoor Storage,
Warehouses, Workshoos
NON-BUILDING USES
Agriculture
Commercial Farms, Hobby
Farms, Market Gardens &
Nurseries
NON-BUILDING USES
Forestry
Tree Nurseries, Silviculture
NON-BUILDING USES
Mineral Exploration
Mineral Exploration
NON-BUILDING USES
Mineral Working
Quarries, Pits
NON-BUILDING USES
Mining
Mining, Oil Wells
NON-BUILDING USES
Recreational Open Space
Playing Fields, Sports
Grounds, Parks,
Playgrounds, Recreational
Trails
NON-BUILDING USES
Conservation
Watersheds, Buffer Strips,
Flood Plains, Architectural,
Historical and Scenic
Sites, Steep Slopes,
Wildlife Sanctuaries
NON-BUILDING USES
Cemetery
Cemeteries, Graveyards
NON-BUILDING USES
Scrap Yard
Car Wrecking Yards, Junk
Yards, Scrap Dealers
NON-BUILDING USES
Solid Waste
Solid Waste Disposal,
Sanitary Land Fill, Transfer
Station, Incinerators
NON-BUILDING USES
Animal
Animal Pounds, Kennels,
Zoos
NON-BUILDING USES
Antenna
TV, Radio and
Communications
Transmitting and
Receiving Masts
and Antennae
NON-BUILDING USES
Transportation
Airfields, Docks, Marina,
Yacht Club, Boating Club,
Boat House and Harbours
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Town of Town of Small Point -Adam's Cove
Development Regulations 2011
SCHEDULE B - CLASSIFICATION
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ... cont'd
GROUP
CLASS
EXAMPLES
NON-BUILDING USES
Utilities
Windmills, Wind Turbines,
Solar, and other energy
sources not classed as a
Public Utility under the
Public Utilities Act.
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Development Regulations 2011
SCHEDULE C - USE ZONE SCHEDULES
SCHEDULE C - USE ZONE SCHEDULES
Schedule C 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.
Before issuing an Approval in Principle or a permit for a development, the Town shall
review the application to ensure that it is in compliance with Application, Parts I -
General Regulations, II - General Development Standards, Ill - Advertisements, IV -
Subdivision of Land; and Schedules A - Definitions, B - Classification of Uses of Land
and Buildings, C -
Use Zone Schedules, and D -
Offstreet Loading and Parking
Requirements of the Development Regulations.
Schedule C contains tables for the following Use Zones:
Town (TN)
Rural (RU)
Environmental Protection (EP)
Track (TR)
Well Head Protected Area Overlay (WPA).
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Town of Town of Small Point -Adam's Cove
Development Regulations 2011
SCHEDULE C - TN
ZONE TITLE
USE ZONE TABLE
TOWN (TN) ZONE
TOWN (TN)
PERMITTED USE CLASSES - (see Regulation 95 and Condition 1)
Apartment attached to a business, Conservation, Bed and Breakfast, Recreational
Open Space, Single Dwelling, Single Dwelling-Mini Home
DISCRETIONARY USE CLASSES - (see Regulations 23 and 96 and Condition 1)
Agriculture, Antenna, Campground, Catering, Child Care, Club and Lodge,
Commercial - Residential, Communications, Convenience Store, Cultural and Civic,
Double Dwelling, Educational, Funeral Home, General Assembly, General Industry,
General Service, Light Industry, Medical and Professional, Medical Treatment and
Special Care, Mineral Exploration, Office, Outdoor Market, Passenger Assembly,
Personal Service, Place Of Worship, Seniors' Housing and Personal Care Facilities,
Service Station, Shop, Solid Waste (Condition 11 ), Take-out Food Service, Theatre,
Transportation, Veterinary
STANDARDS
WHERE PERMITTED
All Development
Floor Area (m2)
80 m2
minimum
1,860 m2 or minimum specified by the Government Service
Lot area (m2) min-
Centre, whichever is greater. Also see Condition 2 for semi-
imum
serviced development and Condition 3 for infilling lot
adjustment
Frontage (m) mini-
30 m. Also see Condition 2 for semi-serviced development
and Condition 3 for infilling lot adjustment
mum
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Town of Town of Small Point· Adam's Cove
Development Regulations 2011
Building Line and
Setback {m)
(minimum)
Side yard Width (m)
(minimum)
Side yard Width (m)
Corner Lot Flanking
Road (minimum)
Rear yard Depth (m)
(minimum)
Lot Coverage All
Buildings (%)
lmaximuml
Height (m) maximum
Sm
2m
Sm
9m
33%
10m
CONDITIONS FOR TOWN ZONE
1.
Land Uses
SCHEDULE C - TN
The Town may in its sole discretion refuse to issue a permit for an unserviced or
semi-serviced (one municipal service) development where in its opinion there are
concerns about possible pollution or adequacy of the private water supply and/or
the Town is of the opinion that such development could necessitate the provision
of any public service beyond what is already being provided in an area. In
addition to an approval by the Town, any development on a private water and/or
waste disposal system shall require the approval of the Department of
Government Services.
2.
Semi-Serviced Development
For semi-serviced building lots (lots where water or sewage disposal services will
be provided off-site), a minimum lot size of 1,400 m2 is required per dwelling unit.
A minimum frontage of 23 metres is required throughout the entire area in which
the absorption field (distribution box to end of absorption trenches) is to be
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SCHEDULE C
TN
installed. The area must be sufficient to accommodate the septic system while
maintaining separation distances and have sufficient space for the installation of
a replacement system.
3.
Infilling Adjustment
Where unserviced or semi-serviced land is surrounded by development which
prohibits expansion and where approval cannot be awarded because the
proposed lot size does not comply with the minimum lot size and width
requirements, the requirements to literal conformity may be adjusted if:
a) the adjustment amounts to no more than a twenty percent (20%) reduction
in the requirements;
b) the adjustment is not contrary to the general intent and purpose of the
policy and procedure as set out in the Private Sewage Disposal and Water
Supply Standards - Department of Government Services;
c) the application of the adjustment would not interfere with the maintenance
of required distance separations and sewage system dimensions;
d) the application of the adjustment would not undermine the quality of
adjacent property or pose a hazard to human health;
e) the application of the adjustment is related to the specific property and is
not general to land within the area;
f) the particular practical difficulties for the owner or developer are
distinguishable from a mere inconvenience or desire to acquire monetary
gain.
4.
Marine Coastline, Harbour Areas and Streams
See Regulation 47.
5.
Bed and Breakfast, Boarding House
The following conditions shall apply to a Bed and breakfast operation:
a) the proposed building has an exterior design and landscaping which is
sensitive to the residential character of the surrounding area and respects the
appearance, scale and density of adjacent dwellings and properties;
b) the parking area is suitably screened from adjacent residences;
c) signage is consistent with a residential neighbourhood, not more than one
and not to exceed 2,800 cm2;
d) no change in the type, class or extent of the use shall be permitted except in
accordance with a permit issued by the Town;
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SCHEDULE C- TN
e) the establishment is licensed under the Tourist Establishment Regulations.
6.
Home Business
A Home Business shall only be permitted as an accessory use (Regulation 32) in
a dwelling or accessory building provided:
a) the primary use of the property remains residential and the scope and
intensity of the use classes is compatible with the residential uses of the
property and neighbourhood, and the business is operated by a resident of
the dwelling;
b) sufficient off-street parking space is provided in accordance with Schedule D,
no mechanical equipment is used except that reasonably compatible with the
use of a dwelling;
c) no wholesale or retail sale of goods is externally apparent - for example, if
sale of crafts occurs it does not occur through walk-in or drive-in trade;
d) there is no outdoor storage or display;
e) signage is consistent with a residential neighbourhood, not more than one
and not to exceed 2,800 cm2 in area;
f)
no regular parking of commercial vehicles except for one vehicle with a gross
weight of no greater than one tonne will be permitted on the lot or on the road
reservation adjacent to the lot;
g) the separation and screening between the home business is deemed to be
adequate by the Town; and
h) no change in type, class or extent of the use shall be permitted except in
accordance with a permit issued by the Town.
7.
Seniors' Housing and Personal Care Facilities
Notwithstanding any other provisions of these Regulations, including those of the
parking standards for dwellings in this Zone of Schedule D, the following
provisions shall apply to Seniors' Housing and Personal Care Facilities:
a) the development shall be a comprehensive development as set out in Part II
of these Regulations, except that the minimum dwelling floor areas, building
line setbacks and yards shall be as determined by the Town, planned as a
single development with all of the necessary facilities and services;
b) the development shall be tailored to the needs of the persons occupying the
development in accordance with their condition;
c) the overall design of the development - including road layout, landscaping,
building design and location, parking areas, and so forth - is such that it is
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attractive, and compatible with other uses in the vicinity;
SCHEDULE C - TN
d) a single management authority shall be responsible for the maintenance of
properties within the development;
e) building types can be those necessary to serve the purposes of the
development, including a variety of dwelling types, special purpose structures,
communal storage areas and workshops for the use of the residents,
communal garages and care facilities;
f) the total lot coverage of all buildings does not exceed 33%;
g) the parking standards shall be tailored to the needs of the users of the
facilities, provided that there is adequate provision for both residents and
visitors, and provided that where independent living accommodation is
provided in single, double or row dwelling types that at least one (1) parking
space per dwelling unit is provided adjacent the dwelling unit;
h) the development is properly serviced.
8.
Non-Residential Uses
See also Regulation 53.
Non-residential uses can or may only be permitted if the Town is satisfied that
such uses will not have a negative impact on nearby residential uses, and that if
necessary, suitable buffering and screening is provided. However, higher impact
uses, including a transfer station or recycling facility (solid waste use class),
contractor's yards, heavy equipment repairs and fish processing and handling
facilities are discretionary uses which cannot be located near residential
properties and areas.
9.
Open Storage
The Town will not permit open dry storage of materials, goods and machinery, on
sites abutting or on the opposite side of a road from a residential property.
Where permitted, open storage shall meet the following requirements:
a) open storage on non-residential lots shall not occupy more than 25 percent of
the site area and shall not be located in the front yard or in any required buffer
areas;
b) open storage areas shall be enclosed by a wall or fence not less than 2
metres in height constructed of uniform materials approved by the Town;
c) open storage areas shall be maintained with a stable surface to prevent
raising or movement of dust, clay, mud, and loose particles.
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10.
Site Maintenance Standards, Non-Residential Uses
SCHEDULE C - TN
Any use other than a private residence shall meet the conditions below.
(1) Trash and Garbage Receptacles - Trash and garbage receptacles which
contain garbage awaiting collection shall be located within a screened
enclosure constructed of opaque materials and of a design satisfactory to the
Town.
(2) Exterior Lighting - Exterior lighting for use on the site shall be erected and
maintained so the light is confined to the property and will not case direct light
or glare upon the adjacent properties or roads and the light source shall not
be higher than 6 metres.
(3) Landscaping and Surfacing - Lots shall be landscaped or provided with a
stable surface to prevent raising or movement of dust, clay, mud, and loose
particles.
11.
Solid Waste - Recycling Facility and/or Transfer Station
The solid waste use class is limited to an approved recycling facility and/or
transfer station -
that is an enclosed facility designed to sort and process
recyclable materials and/or hold solid waste until ii is taken to the regional landfill
at Robin Hood Bay in St. John's.
12.
Subsidiary Apartments
See Regulation 62.
13.
Travel Trailers
See Regulation 63.
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SCHEDULE C RU
ZONE TITLE
USE ZONE TABLE
RURAL (RU) ZONE
RURAL (RU)
PERMITTED USE CLASSES (see Regulation 95)
Agriculture, Antenna, Conservation, Forestry, Mineral Exploration, Recreational
Open Space.
DISCRETIONARY USE CLASSES (see Regulations 23 and 96)
Animal, Campground, Catering (Condition 7), Cemetery, Club and Lodge (Condition
7), Commercial Residential (Condition 7),
Communication, General Industry
(Condition 5), Indoor Assembly (Condition 7), Mineral Working, Outdoor Assembly,
Seasonal Residential (Condition 8), Shop (Condition 9), Single Dwelling (Condition
9). Solid Waste (Condition 10), Transportation, Utilities
CONDITIONS FOR RURAL ZONE
1.
Development Standards
Development standards in this zone will be determined by the Town, and, where
applicable, subject to approvals from the Provincial Government
2.
Marine Coastline, Harbour Areas and Streams
See Regulation 47.
3.
Campground
A campground may only be permitted as a discretionary use, provided a survey
and plan of the development is submitted in a format satisfactory to the Town
which includes layout, servicing, uses, including accessory uses and screening
and buffering. Any changes in the plan of a campground shall be approved by
the Town.
4.
Forestry
Forestry activities must preserve the scenic views of the community. Logging will
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SCHEDULE C RU
not be permitted in areas clearly visible from the urban area of the Town.
5.
General Industry
General Industrial uses shall be restricted to the maintenance and repair of
equipment, processing and storage related to agriculture, forestry or mineral
working uses.
No warehousing or wholesale and retail sales activities shall be permitted as
accessory uses.
6.
Public Roads
Uses open to or used by the public shall front on a publicly owned and
maintained road in accordance with the standards specified in Part IV of the
Regulations.
7.
Resort/Tourism Development
Comprehensively planned large scale resort and tourism related development
can be allowed in selected rural areas as a discretionary use and after careful
assessment as to its environmental impacts and impacts on other uses - such a
minerals developments and exploration, forestry resources, and so forth. The
minimum area taken in by such a development shall be at least one hectare
(approximately two and a half acres).
The development can include the following uses: Antenna, Campground,
Catering, Club and Lodge, Commercial Residential. Conservation, Indoor
Assembly, Outdoor Assembly, Recreational Open Space, Seasonal Residential,
Shop, Single Dwelling, Transportation and Utilities as part of the overall
development.
8.
Seasonal Residential
A seasonal residential development may only be permitted if it is a remote
cottage, that is, a dwelling not used as a full residence not having frontage on a
publicly owned or maintained road and where no municipal services, including
garbage collection are provided.
9.
Single Dwelling
A single dwelling may be permitted if it is necessary to support a permitted use.
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10.
Solid Waste
SCHEDULE C RU
The solid waste use class is limited to an approved recycling facility and/or
transfer station -
that is an enclosed facility designed to sort and process
recyclable materials and/or hold solid waste until it is taken to the regional landfill
at Robin Hood Bay in St. John's.
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ZONE TITLE
USE ZONE TABLE
ENVIRONMENTAL PROTECTION (EP) ZONE
ENVIRONMENTAL PROTECTION (EP)
PERMITTED USE CLASSES (see Regulation 95)
Conservation, Recreational Open Space
DISCRETIONARY USE CLASSES (see Regulations 23 and 96)
Mineral Exploration, Transportation, Utilities
SCHEDULE C - EP
CONDITIONS FOR ENVIRONMENT AL PROTECTION ZONE
General Conditions
(1) All development in this zone is subject to the approval of the Department of
Environment and Conservation along with the Town.
(2) Marine Coastline, Harbour Areas and Streams
Development proposals for sites adjacent or near streams and the marine coast line
and harbours shall be reviewed to ensure that unless it is a use requiring direct
access to the body of water:
a) it is not likely to be damaged by a storm;
b) it is not a vulnerable or critical use, that is, a residential use, a use catering to
persons with disabilities or other special needs, and/or a use related to
emergency services (example - a fire station or emergency command centre,
emergency shelter or other facility) - uses which if damaged or destroyed,
could cause injury or loss of life and/or make it more difficult to respond to an
emergency.
The Town in its discretion may refuse to issue a permit for a development that could
be affected by a storm event based upon previous events, local knowledge and/or
research carried out in respect of climate change.
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ZONE TITLE
USE ZONE TABLES
TRACK (TR) ZONE
TRACK
PERMITTED USE CLASSES - (see Regulation 95)
Conservation, Recreational Open Space
CONDITIONS FOR THE TRACK ZONE
General Development Standards
All development shall be approved by the Town.
SCHEDULE C - TR
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SCHEDULE C- WPA
WELL HEAD PROTECTED AREA (WPA) OVERLAY ZONE
(1)
Notwithstanding the use zone, within a Well Head Protected Area any
development except renovations to an existing structure, fences and minor
landscaping shall be referred to the Department of Environment and
Conservation for approval before a permit is issued by the Town.
(2)
Notwithstanding the use zone, within the Well-Head Protected Area, the following
chemicals/activities are prohibited:
a)
storage of petroleum fuels in excess of 25 L;
b)
storage of petroleum solvents in excess of 1 O L;
c)
storage of chlorinated solvents in excess of 10 L;
d)
storage of pesticides and preservatives in excess of 10 L;
e)
new sewerage systems
f)
manure storage;
g)
manure application;
h)
mining and aggregate removal;
i)
inorganic fertilizers (no bulk storage);
j)
forestry (salvage cutting permitted);
k)
sawmill operations;
I)
groundwater extraction(non private wells);
m)
groundwater heat pumps;
n)
road salt (no bulk storage);
o)
waste disposal.
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SCHEDULED
SCHEDULED - PARKING
OFFSTREET LOADING AND PARKING REQUIREMENTS
1.
Off.Street Loading Requirements
(1)
Where the Town deems necessary, for every building, structure or use to
be erected, enlarged or established requiring the shipping, loading or
unloading of animals, goods, wares or merchandise, there shall be
provided and maintained for the premises loading facilities on land that is
not part of a street comprised of one or more loading spaces, 15 m long, 4
m wide, and having a vertical clearance of at least 4 m with direct access
to a street or with access by a driveway of a minimum width of 6 m to a
street.
(2)
The number of loading spaces to be provided shall be determined by the
Town.
(3)
The loading facilities required by this Regulation shall be so arranged that
vehicles can manoeuvre clear of any street and so that it is not necessary
for any vehicle to reverse onto or from a street.
2.
Parking Area Standards
(1)
For every building, structure or use to be erected, enlarged or
established, there shall be provided and maintained a quantity of off-street
parking spaces sufficient to ensure that the flow of traffic on adjacent
streets is not impeded by the on-street parking of vehicles associated with
that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure,
use of occupancy shall conform to the standards set out in Schedule D,
except as otherwise modified by Schedule C and Regulation 50 of these
Regulations.
(3)
Each parking space, except in the case of single or duplex dwellings, shall
be made accessible by means of a hard surfaced right-of-way at least 3 m
in width. Parking required in a Residential Zone shall be provided on the
same lot as the dwelling or dwellings. Parking space for apartments shall
be provided in the rear yard where possible. In a Non-Residential Zone,
parking spaces shall be provided within the limits of the zone in which the
use is situated and not more than 200 m distant from the use concerned.
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SCHEDULED - PARKING
(4)
The parking facilities required by this Regulation shall, except in the case
of single or attached dwellings, be arranged so that it is not necessary for
any vehicle to reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles
are required or permitted, with parking perpendicular to the curb the
minimum dimensions shall be as follows:
a)
b)
c)
d)
e)
parking stall width
parking stall length or depth
aisle width, parking stalls across from each other
aisle width, other obstruction
driveway width
2.75 metres
5.80 metres
7.30 metres
7.30 metres
7.00 metres.
Where the parking stall is horizontal to the curb, the minimum length of the
stall shall be 7.00 metres, and the minimum aisle width (if applicable) shall
be at least 4 metres, more if deemed necessary by the Town.
For any other parking lot configuration, the requirements shall as be as
specified by the Town, but in no instance shall the requirements be less
than that specified for perpendicular parking spaces.
(6)
Other requirements for parking areas are as follows:
a)
the parking area shall be constructed and maintained to the
specifications of the Town;
b)
the lights used for illumination of the parking area shall be so
arranged as to divert the light away from adjacent development;
c)
a structure, not more than 3 m in height and more than 5 m- in area
may be erected in the parking area for the use of attendants in the
area;
d)
except in zones in which a service station is a permitted use, no
gasoline pump or other service station equipment shall be located
or maintained on a parking area;
e)
no part of any off-street parking area shall be closer than 1.5 m to
the front lot line in any zone;
f)
access to parking areas in non-residential zones shall not be by
way of residential zones;
g)
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;
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SCHEDULED- PARKING
h)
where, in the opinion of the Town, strict application of the above
parking requirements is impractical or undesirable, the Town may
as a condition of a permit require the developer to pay a service
levy in accordance with these Regulations in lieu of the provision of
a parking area, and the full amount of the levy charged shall be
used by the Town for the provision and upkeep of alternative
parking facilities within the general vicinity of the development.
3.
Parking Requirements
(1)
The off-street parking requirements for uses in the various use classes set
out in Schedule B shall be as set out in the following table, except as
otherwise set out in Schedule C In case of developments including uses in
more than one class, these standards shall be regarded as cumulative.
(2)
Adequate off-street provision for drop-off and pick-up of persons shall be
provided in developments where required, such as uses within the
education, passenger assembly, child care, medical treatment and special
care, commercial-residential and take-out food service classes.
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Theatre
One soace for everv 5 seats.
Cultural and Civic
One space for every 50 square metres of gross floor
areas.
General Assemblv
One soace for everv 10 sauare metres of aross floor area.
Educational
Schools - 2 spaces for every classroom.
Further education - 1 space for every 5 persons using the
facilities fstudents, facultv and staff).
Place of Worshio
One soace for everv 5 seats.
Passenaer Assemblv
As soecified bv the Town.
Club and Lodge
One space for every 3 persons that may be
accommodated at one time.
Catering
One space for every 3 customers that may be
accommodated at one time.
Funeral Home
One soace for everv 10 sauare metres of aross floor area.
Child Care
One soace for everv 20 sauare metres of aross floor area
Amusement
One soace for everv 10 sauare metres of oross floor area.
Outdoor Assemblv
As soecified bv the Town.
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SCHEDULED-PARKING
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Campground
As specified by the Town.
Penal
and
Correctional As specified by the Town.
Detention
Medical Treatment and
Once space per 20 square metres of suite or ward area
Special Care
Single Dwelling
Two soaces for every dwelling unit.
Double Dwellina
Two soaces for everv dwellina unit.
Row Dwelling
Two spaces for every dwelling unit.
Aoartment Buildina
Three soaces for everv two dwellina units.
Collective Residential
As specified bv the Town.
Boarding House
As specified by the Town.
Residential and/or Bed
and Breakfast
Commercial Residential
One space for everv guest room.
Seasonal Residential
One soace per dwellina unit.
Mobile Homes
Two soaces for everv dwelling unit.
Office
One space for everv 20 m' of gross floor area.
Medical and Professional
One soace for every 20 m' of gross floor area.
Personal Service
One space for every 20 m' of gross floor area.
General Service
One soace for everv 20 m' of aross floor area.
Communications
As specified bv the Town.
Police Station
As specified by the Town.
Taxi Stand
As soecified bv the Town.
Take-out Food Service
One space for everv 20 m' of gross floor area.
Veterinarv
One soace for every 20 m' of gross floor area.
Shonning Centre
One soace for everv 15 m' of aross floor area.
Shop
One space for everv 20 m' of gross floor area.
Indoor Market
As specified by the Town.
Outdoor Market
As specified bv the Town.
Convenience Store
One space for everv 20 m' of gross floor area.
Hazardous Industry
As specified by the Town, but not less than one space per
100 m2 of gross floor area or 10 parking spaces,
whichever is greater.
General Industry
As specified by the Town, but not less than one space per
100 m2 of gross floor area or 1 O parking spaces,
whichever is areater.
Service Station
One space for everv 20 m' of gross floor area.
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SCHEDULED - PARKING
CLASS
MINIMUM OFF.STREET PARKING REQUIREMENT
Light Industry
As specified by the Town, but not less than one space per
50 m2 of gross floor area or 5 parking spaces, whichever
is greater.
Aariculture
Not soecified.
Forestry
Not specified.
Mineral Working
Not specified.
Mining
Not specified.
Recreational Open Space
Not specified.
Conservation
Not specified.
Cemeterv
Not soecified.
Scrap Yard
Not specified.
Solid Waste
Not specified.
Animal
Not soecified.
Antenna
Not specified.
Transportation
As determined by the Town, taking into consideration
associated uses, such as boat repairs, and other facilities
and services.
Marina
As determined by the Town, taking into consideration
associated uses, such as boat repairs, and other facilities
and services.
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SCHEDULE E- IYATERWAYS AND WETLANDS
SCHEDULE E - WATERWAYS AND WETLANDS
These directives were obtained from the Government of Newfoundland and Labrador
Department of Environment and Conservation Website and may be amended or
changed without notice.
WATERWAYS
Development in Shore Water Zones - Policy Directive W.R. 97-1
1.0
INTRODUCTION
The shore waler zone is the interface between land and water, and includes the
land along the edge of an ocean, or a fresh water body. The shore water zone
owes its unique ecological attributes to the area encompassing both the land
draining into the water body and the water body itself. Unplanned and imprudent
development on shore water zones, including infilling and waste disposal, may
have detrimental effects on water quality, water quantity, and on terrestrial and
aquatic life and habitat. Human impacts on salt water shore zones, caused by,
for example, untreated sewage disposal, surface runoff from urban and industrial
sites, etc., has led to closures of bays to aquaculture and shellfish harvesting.
The economic impacts of environmental damage of fresh water shore zones
include loss of recreational opportunities, depreciation of land values, etc. Shore
water zones are also areas that are subject to flooding, with possible adverse
impacts on life and property along the zones.
2.0
OBJECTIVES
This policy will establish the criteria for issuing a permit under Section 48 of the
Water Resources Act, SNL 2002 cW-4.01, for all development activities in and
affecting shore water zones. The objective of the policy is to permit
developments of shore water zones such that potential economic losses and
impacts on water quantity, water quality, and terrestrial and aquatic habitats and
life are minimized.
3.0
LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act'? sections 30, 48 and 64
4.0
DEFINITIONS
Body of Water -
(Statutory definition from the Act) "body of water" means
a surface or subterranean source of fresh or salt water
within the jurisdiction of the province, whether that source
usually contains liquid or frozen water or not, and
includes water above the bed of the sea that is within the
jurisdiction of the province, a river, stream, brook, creek,
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SCHEDULE E- WATERWAYS AND WETLANDS
Shore Water Zone -
Development -
5.0
POLICIES
watercourse, lake, pond, spring, lagoon, ravine, gully,
canal, wetland and other flowing or standing water and
the land occupied by that body of water
"Shore Water Zone" means the land that is intermittently
occupied by water as a result of the naturally fluctuating
surface water level in a body of water which can be either
a fresh or salt water body and, in either case, the low
water mark and high water mark of the water body
defining the edges of the shore water zone.
"Development" means the carrying out of an activity or
operation which
includes construction of wharves,
moorings, jetties, other docking facilities,
marinas,
boathouses, etc., mechanical disturbance of the land,
infilling, drainage, dredging,
channelization, erosion
control works, and removal of vegetation on shore water
zones for social or economic benefits, or any change in
the use or the intensity of use of any shore water zone.
5.1
High Water Level of a Water Body
The high water level of a water body is taken to be the 1:100 year return period
water level. For a fresh water body, this level includes water levels caused strictly
by storm runoff or hydraulic effects of ice or both. In marine situations, the level
must include maximum waves, wind setup, storm surge, and ultimate mean sea
levels under current global climatic forecasts for a 1 :100 year design.
5.2
Developments Not Permitted
5.2.1 Infilling, drainage, dredging, channelization, or removal of surface or
underwater vegetation on or along shore water zones, which could
aggravate flooding problems, will not be permitted.
5.2.2 Infilling, drainage, dredging, channelization, or removal of surface or
underwater vegetation on or along shore water zones, which have
unmitigable adverse water quality impacts on the shore water zones, will
not be permitted.
5.2.3 Infilling, drainage, dredging, channelization, or removal of surface or
underwater vegetation on or along shore water zones which have
significant impacts on water circulation patterns within the shore water
zones or on sediment deposition or accretion or removal rates along the
shore water zones will not be permitted.
5.2.4 Placing, depositing or discharging into shore water zones of any raw
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SCHEDULE E - WATERWAYS AND WETLANDS
sewage, refuse, municipal and industrial wastes, fuel or fuel containers,
pesticides, herbicides or other chemicals or their containers, or any other
material, which impairs or has the potential to impair the water quality of
the shore water zones will not be permitted.
5.2.5 Construction of extensive paved surfaces along a shore water zone, which
changes the intrinsic character of the shore water zone, will not be
permitted.
5.3
Developments Requiring Written Permission
The following developments on or along shore water zones will be permitted
subject to the prior written permission of the Minister of Environment and
Conservation (the "Minister") in accordance with the Act:
5.3.1 Limited removal of surface vegetation cover for the construction of
marinas, boathouses, jetties, wharves, moorings, and other docking
facilities.
5.3.2 Construction of marinas, boathouses, jetties, wharves, moorings and other
docking facilities which would require only minor disturbances to water
circulation patterns within the shore water zone and which have limited
impacts on sediment deposition or accretion rates along the shore water
zone.
5.3.3 Extension and upgrading of existing buildings, structures and facilities
within shore water zone areas.
5.3.4 Development related to recreational activities including the setting up of
campgrounds, permanent and semi-permanent facilities, etc., along shore
water zones.
5.4
Implementation of Mitigative Measures
All developments which are permitted within shore water zones and which could
result in potentially adverse changes to water quantity or water quality of the
shore water zone will require the implementation of mitigative measures to be
specified in the terms and conditions for the environmental approval.
5.5
Restoration Measures
The terms and conditions of the environmental approval will specify the
restoration measures to be implemented upon cessation of activities or
abandonment of facilities on shore water zones.
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SCHEDULE E- WATERWAYS AND WETLANDS
WETLANDS
Subject:
Development in Wetlands
1.0
INTRODUCTION
Wetlands, which include bogs, fens, marsh, swamps, and shallow water, collect
and store runoff, moderate and attenuate downstream flood flows, reduce
downstream flooding and erosion, clean and purify water, recharge groundwater
zones, and provide unique habitat for plants and animals. The wetlands of
Newfoundland and Labrador are increasingly being altered from their natural
state to support alternative land uses such as agriculture, urbanization, industrial
development, and recreation. Unplanned and imprudent development of
wetlands, including drainage, infilling, and channelization, have detrimental
effects on the wetlands' and downstream water quality and water quantity, and
on terrestrial and aquatic habitat, life, flora and fauna. The potential
consequences of impacts on water resources include structural damage to
bridges and culverts from increased flood flows; river bed erosion causing
siltation; and detrimental impacts on fish resources, drinking water quality and
recreational uses of water bodies.
The problem facing wetland management is that the ecological and socio-
economic benefits of these ecosystems are usually not directly measurable and
in many instances are not recognized until it is too late. The extensive nature of
wetlands, peatlands in particular, in this province means that there is room for
more developments to occur to meet social and economic needs, as long as
hydrologic and environmental impacts are minimized.
2.0
OBJECTIVES
This policy will establish the criteria for issuing a permit under Section 48 of the
Water Resources Act, SNL 2002 cW-4.011, for all development activities in and
affecting wetlands. The objective of the policy is to permit developments in
wetlands, which do not adversely affect the water quantity, water quality,
hydrologic characteristics or functions, and terrestrial and aquatic habitats of the
wetlands.
3.0
LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act''.> sections 30, 48 and 64
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SCHEDULE E - WATERWAYS AND WETLANDS
4.0
DEFINITIONS
Body of Water_
(Statutory definition from the Act) "body of water" means
a surface or subterranean source of fresh or salt water
within the jurisdiction of the province, whether that source
usually contains liquid or frozen water or not, and
includes water above the bed of the sea that is within the
jurisdiction of the province, a river, stream, brook, creek,
watercourse, lake, pond, spring, lagoon, ravine, gully,
canal, wetland and other flowing or standing water and
the land occupied by that body of water.
Wetland _
(Statutory definition from the Act) ''wetland" means land
that has the water table at, near or above the land
surface and includes bogs, fens, marshes, swamps and
other shallow open water areas
Wetland development _ "Wetland development" means the carrying out of an
activity or operation which includes the construction of
ditches, mechanical disturbance of the ground, alteration
of normal water level fluctuations, infilling, drainage,
dredging, channelization, and removal of vegetation
cover and/or organic matter on a wetland for social or
economic benefits, or the making of any change in the
use or the intensity of use of any wetland which affects its
hydrologic characteristics or functions
5.0
POLICIES
5.1
Developments Not Permitted
5.1.1 Infilling, drainage, dredging, channelization, removal of vegetation cover or
removal of soil or organic cover of wetlands which could aggravate
flooding problems or have unmitigable adverse water quality or water
quantity or hydrologic impacts will not be permitted.
5.1.2 Developments of wetlands which are located within the recharge zones of
domestic, municipal or private groundwater wells will not be permitted.
5.1.3 Placing, depositing or discharging any raw sewage, refuse, municipal and
industrial wastes, fuel or fuel containers, pesticides, herbicides or other
chemicals or their containers, or any other material which impairs or has
the potential to impair the water quality of wetlands will not be permitted.
5.2
Developments Requiring Written Permission
The following developments affecting wetlands will be permitted subject to the
prior written permission of the Minister of Environment and Conservation (the
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SCHEDULE E - WATERWAYS AND WETLANDS
"Minister'') in accordance with the Act:
5.2.1 Removal of the surface vegetation cover of wetlands for extraction of peat.
or for preparing the area for agricultural or forestry activities.
5.2.2 Construction of ditches, tile fields and other types of flow conveyances to
drain wetlands for extraction of peat, or for preparing the area for
agricultural or forestry operations.
5.2.3 Removal of the topsoil or organic cover of wetlands for use as horticultural
or fuel peat, or for preparing the area for agricultural or forestry activities.
5.2.4 Infilling, dredging, or any other disturbance of wetlands for the
construction of permanent or temporary roads, bridges, culverts, trails,
power and telecommunication transmission lines, pipelines, etc., through
wetlands
which would necessitate only minor disturbances to the
vegetation and organic cover, the flow drainage pattern of the area and
ground slope.
5.2.5 Infilling, dredging or other disturbance of wetlands for the construction of
residential, commercial, industrial and institutional facilities or extension
and upgrading of existing buildings and facilities within wetland areas.
5.2.6 Development related to recreational activities including the setting up of
campgrounds, permanent and semi-permanent facilities, etc., on wetland
areas.
5.2.7 Construction of flow control structures to alter the normal water level
fluctuations of wetlands for the purposes of enhancing the quality or
quantity of fish and other wildlife habitat.
5.3
Implementation of Mitigative Measures
All uses and developments of wetlands resulting in potentially adverse changes
to water quantity or water quality or hydrologic characteristics or functions of the
wetlands will require the implementation of mitigative measures to be specified in
the terms and conditions for the environmental approval.
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SCHEDULE E - WATERWAYS AND WETLANDS
5.4
Restoration Measures
The terms and conditions of the environmental approval will specify the
restoration measures to be implemented upon cessation of activities or
abandonment of facilities on wetland areas.
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