South River, Newfoundland and Labrador
· adopted 2017-11-15
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Town of South River
Development Regulations 2017--27
Prepared for
Prepared by
The Town of South River
Baird Planning Associates
Urban and Rural Planning Act 2000
Resolution to Adopt
Town of South River Development Regulations
2017 - 2027
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town
Council of South River adopts the South River Development Regulations.
Adopted by the Town Council of South River on the 15th day of November 2017.
Signed and sealed this 14th day of December 2017
Mayor: __________________________
Scott Rose
(Council Seal)
Clerk: __________________________
Marjorie Dawson
Canadian Institute of Planners Certification
I certify that the attached Municipal Plan has been prepared in accordance with the
requirements of the Urban and Rural Planning Act 2000.
___________________
John Baird, MCIP
(MCIP Seal)
Urban and Rural Planning Act 2000
Resolution to Approve
Town of South River Development Regulations
2017 - 2027
Under the authority of Section 16, Section 17, and Section 18 of the Urban and Rural
Planning Act 2000, the Town Council of South River
(a) Adopted by the South River Municipal Plan on the 15th day of November 2017.
(b) Gave notice of the adoption of the South River Municipal Plan by advertisement inserted in
the Compass newspaper on the 21st day of November 2017 and in the Telegram newspaper
on the 5th day of December 2017.
(c) Set the 7th day of December 2017 at the Town Hall, South River 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, the Town Council
of South River approves the South River Development Regulations as amended to change the
boundaries of the Coastal Protection zone and to add an additional condition in the Coastal
Protection use zone table.
SIGNED AND SEALED this 14th day of December 2017.
Mayor: __________________________
Scott Rose
(Council Seal)
Clerk: __________________________
Marjorie Dawson
TABLE OF CONTENTS
Regulation
Page
APPLICATION
1.
Short Title .............................................................................................................. 1
2.
Interpretation .......................................................................................................... 1
3.
Commencement ......................................................................................................1
4.
Provincial Development Regulations ......................................................................1
5.
Municipal Code and Regulations ............................................................................1
6.
Council ................................................................................................................... 1
PART I - GENERAL REGULATIONS
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 Council ........................................................................... 2
12.
Variances ................................................................................................................ 3
13.
Notice of Variance .................................................................................................. 3
14.
Service Levy .......................................................................................................... 3
15.
Financial Guarantees by Developer ....................................................................... 4
16.
Dedication of Land for Public Purposes ................................................................ 4
17.
Restoration of Land ................................................................................................ 5
18.
Form of Application ............................................................................................... 5
19.
Register of Application ...........................................................................................5
20.
Deferment of Application ...................................................................................... 5
21.
Approval in Principle ............................................................................................. 5
22.
Development Permit .............................................................................................. 7
23.
Temporary Use Permit ............................................................................................ 7
24.
Permit Fees .............................................................................................................. 8
25.
Compliance with Legislation ................................................................................. 8
26.
Reasons for Refusing Permit ................................................................................. 8
27.
Notice of Right to Appeal ...................................................................................... 8
28.
Appeals ................................................................................................................... 8
29.
Return of Appeal Fee ............................................................................................. 8
30.
Notice of Application ............................................................................................ 9
31.
Delegation of Powers ........................................................................................... 10
32.
Right of Entry ...................................................................................................... 10
33.
Record of Violations ............................................................................................ 10
34.
Stop Work Order and Prosecution ....................................................................... 10
PART II - GENERAL DEVELOPMENT STANDARDS
35.
Access Ramps ...................................................................................................... 11
36.
Accessory Buildings ........................................................................................... 11
37.
Home Occupations ................................................................................................12
38.
Bed and Breakfast Establishments .........................................................................12
39.
Childcare Service ...................................................................................................13
40.
Archaeological Sites ..............................................................................................13
41.
Industrial Buffer Strips .........................................................................................13
42.
Building Lines and Setbacks .................................................................................13
43.
Multiple Uses on One Lot .....................................................................................14
44.
Main Buildings on a Lot .......................................................................................14
45.
Comprehensive Development .............................................................................. 14
46.
Residential Care Homes. ........................................................................................15
47.
Lot Area ................................................................................................................15
48.
Lot Area and Size Exceptions ................................................................................16
49.
Lot Frontage ...........................................................................................................16
50.
Non-Conforming Use ............................................................................................16
51.
Offensive and Dangerous Uses .............................................................................17
52.
Parks, Playgrounds and Open Spaces ...................................................................17
53.
Screening and Landscaping ..................................................................................18
54.
Public Services and Utilities .................................................................................18
55.
Energy Generation Facilities ..................................................................................18
56.
Site Development Requirements ............................................................................18
57.
Street Construction Standards ................................................................................19
58.
Development Adjacent to Watercourses and Wetlands .........................................19
59.
Line of Vision at Intersections ..............................................................................20
60.
Public Trails and Right-of-Ways ...........................................................................20
61.
Service Stations .....................................................................................................20
62.
Mineral Exploration ..............................................................................................21
63.
Livestock Facilities ................................................................................................21
64.
Fences Abutting the Street .....................................................................................22
PART III- SIGNS
65.
Permit Required ....................................................................................................23
66.
Provincial Highways .............................................................................................23
67.
Form of Application ..............................................................................................23
68.
Approval Subject to Conditions .............................................................................23
69.
Signs Prohibited in Street Reservation .................................................................23
70.
Removal of Signs ..................................................................................................23
71.
Signs Exempt from Control ................................................................................. 23
72.
General Standards for Signs ..................................................................................24
73.
Residential Zones ...................................................................................................24
PART IV- SUBDIVISION OF LAND
74.
Application of Part III ...........................................................................................25
75.
Permit Required ....................................................................................................25
76.
Services to be Provided .........................................................................................25
77.
Payment of Service Levies and Other Charges ......................................................25
78.
Permit Subject to Considerations ..........................................................................25
79.
Building Permits Required ....................................................................................26
80.
Form of Application ..............................................................................................27
81.
Subdivision Subject to Zoning ..............................................................................27
82.
Buildings Lines ......................................................................................................27
83.
Dedication of Land for Public Use ........................................................................27
84.
Structure in Street Reservation .............................................................................27
85.
Subdivision Design Standards ..............................................................................27
86.
Engineer to Design Works and Certify Construction Layout ...............................28
87.
Developer to Pay Engineer's Fees and Charges ....................................................28
88.
Street Works may be Deferred ...............................................................................28
89.
Transfer of Streets and Utilities to Council ..........................................................29
90.
Restriction on Sale of Lots ....................................................................................29
91.
Grouping of Buildings and Landscaping ..............................................................29
PART V - USE ZONES
92.
Use Zones ............................................................................................................. 30
93.
Map Interpretation. ................................................................................................30
94.
Use Classes ...........................................................................................................30
95.
Permitted Uses ......................................................................................................30
96.
Discretionary Uses ................................................................................................30
97.
Uses Not Permitted ...............................................................................................31
SCHEDULES
SCHEDULE A
Definitions
SCHEDULE B
Classification of Uses of Land and Buildings
SCHEDULE C
Use Zone Tables
SCHEDULE D
Off-Street Parking Requirements
SCHEDULE E
Provincial Development Regulations
Town of South River
Development Regulations 2017-2027 APPLICATION
______________________________________________________________________________
South River Development Regulations - Page 1
TOWN OF SOUTH RIVER MUNICIPAL PLAN
DEVELOPMENT REGULATIONS
APPLICATION
1.
Short Title
These Regulations may be cited as the South River 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 came into effect throughout the South River 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.
Provincial Development Regulations
The Provincial Development Regulations (NL REGULATION 3/01), enacted under Section
36 of the Act, shall apply to development within the Planning Area. Where there is conflict
between the Provincial Regulations and the South River Development Regulations, the
Provincial Regulations shall prevail. The Provincial Development Regulations are appended
to the South River Development Regulations (See Schedule E).
5.
Municipal Code and Regulations
The building regulations and any other municipal regulations controlling the development,
conservation, and use of land shall under these Regulations apply to the entire Planning
Area. The National Building Code of Canada, the Fire Code of Canada, and all ancillary
codes and regulations, shall also apply to the entire Planning Area.
6.
Council
In these Regulations, "Council" means the Municipal Council of the Town of South River
having jurisdiction over the South River Development Regulations.
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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 Council has issued a permit for the development.
9.
Permit to be Issued
Subject to Regulation 10 - Permit not to be Issued in Certain Cases and Regulation 11 -
Discretionary Powers of Council, a permit shall be issued for development within the
Planning Area that conforms to the requirements of these Regulations, including:
(a)
The general development standards set out in Part II of these Regulations, the
requirements of Part V of these Regulations, and the use classes, standards, and
conditions prescribed in Schedule C for the use zone in which the proposed
development is located.
(b)
The standards set out in Part IV of these Regulations in the case of subdivision.
(c)
The standards set out in the National Building Code or other ancillary codes, waste
disposal regulations, and/or any other municipal regulation in force in the Planning
Area regulating or controlling development, conservation, and use of land and
buildings.
(d)
The standards of design and appearance established by Council.
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 Council, 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 Council
and such cost shall attach to and upon the property in respect of which it is imposed.
11.
Discretionary Powers of Council
(1)
In considering an application for a development permit or approval in principle,
Council shall take into account the policies of the Municipal Plan and any further
scheme, plan or regulations pursuant thereto, and shall assess the general appearance
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of the development, the amenity of the surroundings, availability of utilities, public
safety and convenience, and other considerations which are, in its opinion, material,
and notwithstanding the conformity of the application with the requirements of these
Regulations, Council may, in its discretion, and as a result of its consideration of the
matters set out in this Regulation, conditionally approve or refuse the application.
(2)
When approving an application for a discretionary use, Council shall state in writing
the basis for its approval.
12.
Variances (Refer to Provincial Development Regulations, Section 12)
(1)
Where a proposed development does not comply with development standards set out
in these Regulations, Council may, in its discretion, vary the applicable development
standards to a maximum of 10 percent if, in Council'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.
(2)
Council 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 percent variance even though the
individual variances are separately not greater than 10 percent.
(3)
Council shall not permit a variance from the development standards where the
proposed development would increase the non-conformity of an existing
development or would result in the creation of non-conformity of any existing legal
development.
13.
Notice of Variance (Refer to Provincial Development Regulations, Section 13)
Where Council is to consider a proposed variance from development standards, Council shall
give written notice of the proposed variance to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance. Where it deems necessary, Council
may provide notice of proposed variance to a wider area.
14.
Service Levy
(1)
In accordance with Section 149(2) of the Municipalities Act, where Council carries
out a public work that enables a real property to be developed or developed to a
higher density, or enhances the value of a property, Council may charge a service
levy on the property.
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(2)
The amount of a service levy shall be determined by Council, but shall not exceed the
cost, including finance charges, to Council of constructing or improving the public
works that are necessary for the real property to be developed in accordance with the
standards required by Council and for uses that are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
The amount of real property benefited by the public works related to all the
real property so benefited; and,
(b)
The density of development made capable or increased by the public work.
(4)
Council may require a service levy to be paid by the owner of the property benefited
and may specify the time for payment.
15.
Financial Guarantees by Developer
(1)
Council may require a developer before commencing a development to make such
financial provisions and/or enter into such agreements as may be required to guaran-
tee 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 Paragraph (1) may be made in the form of:
(a)
A cash deposit from the developer, to be held by Council,
(b)
A guarantee by a bank, or other institution acceptable to Council, for
expenditures by the developer,
(c)
A performance bond provided by an insurance company or a bank, or;
(d)
An annual contribution to a sinking fund held by Council.
16.
Dedication of Land for Public Purposes
Council may require the dedication of a percentage of the land area of any subdivision or
other development for public use, and such land shall be conveyed to Council in accordance
with Section 37 of the Act.
Unless Council decides otherwise, such land that is dedicated for public use will not include
land that Council requires to be set aside from development for the purposes of stormwater
drainage or environmental protection, whether or not that land is located within the
Environmental Protection zone.
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17.
Restoration of Land
Where the use of a site is discontinued, the intensity of its use is decreased, a development
permit has been revoked or has expired, or a temporary development permit has expired,
Council may order the developer, the occupier of the site, the owner, or all of them to restore
the site, remove all or any buildings or erections, cover or fill all wells or excavations, and
close all or any accesses, or to do any or all of these things, as the case may be, and the
developer, occupier or owner shall carry out the order of Council and shall put the site in a
clean and sanitary condition to Council's satisfaction.
18.
Form of Application
(1)
An application for a development permit or for approval in principle shall be made to
Council only by the owner or by a person authorized by the owner on such form as
may be prescribed by Council and every application shall include plans and an
application fee if required.
(2)
Council shall supply to each applicant a copy of the application form referred to in
Paragraph (1) and any available information required by the applicant relevant to the
application.
19.
Register of Application
Council shall keep a public register of all development applications, and shall enter therein
Council's decision upon each application and the result of any appeal from that decision.
20.
Deferment of Application
(1)
Council 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 Council and on which a decision has not been communicated
to the applicant within sixty (60) days of the application being received by Council,
shall be deemed to be refused.
21.
Approval in Principle
(1)
An application for an approval in principle for a subdivision or other form of
development will include a description of the site and the proposed development,
including a professionally prepared drawing, which:
(a)
Delineates the limits of land to be used for the proposed development,
(b)
Shows contours and significant natural features such as wetlands,
watercourses, drainage channels, and slopes that exceed 15 percent,
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(c)
Shows existing streets, buildings, and land uses in the vicinity of the site,
(d)
Shows a conceptual layout of proposed streets, trails, and other major
components of the development, and
(e)
Provides any additional information that may be requested by Council.
(2)
Council will not consider an application for an approval in principle unless that
application includes a clear description of the site and proposed development in
accordance with Paragraph (1).
(3)
Council can grant an approval in principle if it determines that the proposed develop-
ment complies generally with the intent and purposes of the Municipal Plan and
these Regulations. Council will attach to the approval in principle such conditions
that it deems necessary to ensure the proposed development will be in accordance
with the Plan and these Regulations. It will also outline such details that the applicant
will be required to address before a final development permit will be granted.
(4)
An approval in principle will be valid for a period of one (1) year, and may be
extended for one (1) additional year, up to a maximum of two (2) years.
(5)
Where approval in principle is granted, approval of a final development permit will
be subject to the subsequent approval by Council of any details and conditions that
were outlined in the approval in principle.
(6)
Approval in principle will not constitute permission to commence development. No
form of development will commence until Council has issued a proper development
permit.
(7)
Council may revoke approval in principle if it determines that the applicant has
changed the proposed development in a way that significantly alters the original
intent of the application or has not adequately addressed conditions or details
stipulated in the approval in principal.
(8)
A decision by Council on an application for an approval in principle can be appealed
in accordance with Section 42 of the Act.
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22.
Development Permit
(1)
A written development permit issued by Council or its designated staff will constitute
permission to develop in accordance with these Regulations, but such permission
shall not relieve the applicant from full responsibility for obtaining all other permits
or approvals prior to commencement of development and complying with all other
regulations and statutes during development.
(2)
Council may attach conditions to a development permit to ensure compliance with
the Municipal Plan and these Regulations, and the permit holder will be responsible
for full compliance with these conditions.
(3)
A development permit is valid for a period of one year and may be extended for one
(1) additional year if requested by the applicant, up to a maximum of two years.
(4)
The issuance of a development permit does not prevent Council from thereafter
requiring the correction of errors or ordering the cessation, removal of, and remedial
work on any development being carried out that is in violation of the Municipal Plan
or these Regulations.
(5)
Council may revoke a permit:
(i)
for failure by the holder of the permit to comply with these Regulations or
any condition attached to the permit or approval in principle,
(ii)
where Council determines that the permit holder has changed the proposed
development in a way that significantly alters the intent of the original
application, or
(iii)
where the permit was issued in error or on the basis of incorrect information,
(6)
No person shall change the application for which a development permit was issued
unless written Council has issued approval of the change.
(7)
A copy of the development permit, along with plans and specifications, shall be kept
on the site until the development is completed.
(8)
A decision by Council on an application for an approval in principle or a
development permit may be appealed in accordance with Section 42 of the Act.
23.
Temporary Use Permit
At its discretion Council may issue a development permit for a temporary use that complies
with the Municipal Plan and these Regulations. The permit may be for a period not
exceeding one (1) year, and may be extended at the request of the applicant for one (1)
additional year, to a maximum of two (2) years.
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24.
Permit Fees
Council may charge a fee for a development permit in accordance with the schedule of fees
adopted by Council.
25.
Compliance with Legislation
(1)
If Council deems that a proposed development may not comply with a particular
provincial or federal act or regulation, it may require the applicant to provide
confirmation that necessary government approvals have been obtained before issuing
a development permit.
(2)
If Council deems that a proposed development may trigger the requirements of the
Environmental Assessment Act, the proponent will be advised to consult with the
Department of Municipal Affairs and Environment before a development permit will
be issued.
(3)
Where these Regulations are more restrictive than a provincial or federal act of
regulation, these Regulations will apply.
26.
Reasons for Refusing or Setting Conditions on a Permit
Council shall, when refusing to issue a permit or attaching conditions to a permit, state in
writing the reasons for so doing.
27.
Notice of Right to Appeal (Refer to Provincial Development Regulations, Section 5)
Where Council makes a decision that may be appealed under Section 42 of the Act, Council
shall, in writing, at the time of making that decision, notify the person to whom the decision
applies of the:
(a)
Person's right to appeal the decision to the appeal board,
(b)
Time by which an appeal is to be made,
(c)
Right of other interested persons to appeal the decision, and
(d)
Manner of making an appeal and the address for the filing of the appeal.
28.
Appeals (Refer to Provincial Development Regulations, Sections 6-11)
Sections 6 to 11 of the Provincial Regulations outline the regulations with respect to appeal
requirements, appeal registration, prohibition of development that is subject to an appeal,
notice of an appeal hearing, the appeal board's hearing of evidence, and its decisions.
29.
Return of Appeal Fee
In accordance with Section 42(3) of the Act, where an appeal of a Council decision is
successful, an amount of money equal to the appeal fee paid by the appellant shall be paid to
the appellant by Council.
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30.
Notice of Application (Refer to Provincial Development Regulations, Sections 13 & 15)
(1)
Notice of an application shall, at the applicant's expense, be given when:
(a)
A proposed variance is to be considered under Regulation 12 - Variances,
(b)
A proposed change in a non-conforming use is to be considered under
Regulation 50 - Non-Conforming Uses,
(c)
A proposed discretionary use is to be considered in accordance with
Regulation 95 - Discretionary Uses.
(d)
A proposed comprehensive development is proposed in accordance with
Regulation 45 - Comprehensive Development, or
(e)
Council deems an application is such that that the public should be notified.
(2)
In accordance with Regulation 13 - Notice of Variance of these Regulations and
Section 13 of the Provincial Development Regulations, notice of a variance
application will be given directly to persons who are likely to be affected and a
minimum of seven (7) days will be provided for persons to respond.
(3)
In accordance with Regulation 50(4) - Non-Conforming Uses of these Regulations
and Regulation 15 of the Provincial Development Regulations, notice of an
application to change a non-conforming use will be given directly to persons who are
likely to be affected, and in addition will be posted on the Community Channel, or
posted on local bulletin boards, or published by advertisement in a newspaper
circulating in the area. A minimum of seven (7) days from the posting of the notice
will be provided for persons to respond.
(4)
In accordance with Regulation 95 - Discretionary Uses, notice of an application to
develop a discretionary use will be given directly to persons who are likely to be
affected, and in addition will be posted on one or more of the following: the
Community Channel, local bulletin boards, or by advertisement in a newspaper
circulating in the area. A minimum of seven (7) days from the posting of the notice
will be provided for persons to respond.
(5)
In accordance with Regulation 45 - Comprehensive Development, notice of an
application to undertake a comprehensive development will be given directly to
persons who are likely to be affected, and in addition will be posted on the
Community Channel, or posted on local bulletin boards, or published by
advertisement in a newspaper circulating in the area. A minimum of seven (7) days
from the posting of the notice will be provided for persons to respond.
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(6)
Notice of an application for a development that Council deems the public should be
made aware of will be given directly to persons who are likely to be affected, and in
addition will be posted on the Community Channel, or posted on local bulletin
boards, or published by advertisement in a newspaper circulating in the area. A
minimum of seven (7) days from the posting of the notice will be provided for
persons to respond.
31.
Delegation of Powers (Refer to Provincial Development Regulations, Section 18)
Council shall, when designating employees or contractors to whom a power is to be
delegated under Section 109(2) of the Act, make that designation in writing.
32.
Right of Entry
Any official authorized by Council may enter upon land and may at all reasonable times
enter any development or building for the purpose of making inspections relative to the
development.
33.
Record of Violations
Every inspector shall keep a record of any violation of these Regulations and report that
violation to Council.
34.
Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to these
Regulations, Council may order that person to stop the development pending final
adjudication in any prosecution arising out of the development.
(2)
A person who does not comply with an order made under Paragraph (1) is guilty of
an offence under the provisions of the Act.
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PART II - GENERAL DEVELOPMENT STANDARDS
35.
Access Ramps
At its discretion, Council may, after consulting with abutting property owners, permit an
access ramp for a wheel chair to be erected in a minimum front, rear, or side yard if:
(a)
There is no alternative means to provide the access ramp, and
(b)
The ramp does not create a safety hazard or block sight lines.
36.
Accessory Buildings
(1)
An accessory building will be clearly incidental and complementary to the use of the
main building(s).
(2)
An accessory building will be contained on the same lot as the main building(s).
(3)
No truck, bus, semi-trailer, freight container, or other vehicle body will be used as an
accessory building.
(4)
No accessory building shall be erected upon an easement.
(5)
No accessory building will be used for a commercial purpose unless approved by
Council in conformity with these Regulations.
(6)
No accessory building or part thereof shall be permitted in the frontyard of the main
building except at Council's discretion in exceptional circumstances such as the need
to ease accessibility for a disabled person.
In considering an application for an accessory building in a frontyard, Council will:
(a)
Give notice of the application to all persons whose properties are located on the
same street and within sixty (60) metres of the proposed accessory building (or
such greater distance that Council deems necessary), and duly consider their
comments or objections.
(b)
Ensure that the frontyard location will not pose a threat to road safety,
(c)
Ensure that the location, size, appearance, height, and use of the accessory
building will not adversely affect the character or amenities of neighbouring
properties, and
(d)
Set other conditions that it deems necessary to ensure the character, amenities,
and property values of the neighbourhood are protected.
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37.
Home Occupations
Where permitted by Council, a home occupation will comply with the following conditions:
(a)
It will be clearly secondary to the residential use of the property,
(b)
It will be located inside the dwelling unit or, at Council's discretion, may be located
in an accessory building on the same lot as the dwelling,
(c)
It will employ no less than one person who is a resident of the dwelling and may
employ no more than two persons, who are not residents of the dwelling,
(d)
It will occupy no more than thirty percent (30%) of the floor area of the dwelling,
(e)
It will not include outdoor storage of materials or equipment,
(f)
It will not use or keep in storage any hazardous materials,
(g)
It will not use water or generate sewage in excess of what can be accommodated by
the existing water supply and sewage disposal system,
(h)
It will not cause noise, odours, fumes, electrical interference, or other nuisances that
unreasonably affect neighbouring properties,
(i)
Unless otherwise authorized by Council, sufficient off-street parking space shall be
available on the lot for the parking needs of residents, employees, and clients,
(j)
Council may require fencing, screening, and/or a minimum space separation to
protect the amenity of adjacent uses,
(k)
It will not create traffic safety or traffic congestion concerns,
(l)
It will not include automobile repair, auto body repair, or automobile sales,
(m)
It will adhere to all other conditions that Council deems necessary to protect the
amenity of adjacent residential uses and the neighbourhood,
(n)
In reviewing an application for a home occupation, Council will provide public
notice of the application in accordance with Regulation 30(4) - Notice of
Application, and
(o)
No change in the type or extent of a home occupation shall take place except with the
approval of Council.
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38.
Bed and Breakfast Establishments
A Bed and Breakfast establishment will be subject to the following conditions:
(a)
It will be operated in a single dwelling occupied by the operator of the business.
(b)
It shall not detract from the residential character of the neighbourhood in terms of
scale or exterior design.
(c)
It will contain no more than six (6) guest rooms.
(d)
Off-street parking shall provide no less and no more than one space for every guest
room. For a catered dining facility, no less and no more than one additional parking
space shall be provided for every two guest rooms.
(e)
No wholesale sales or storage of goods shall be carried out and any retail sales shall
be incidental to the approved use.
(f)
It must be registered by Canada Select and approved by the Tourism Department.
39.
Childcare Service
Where permitted by Council a childcare service will conform to the requirements of the
Child Care Services Act and Regulations. Where required, a license to operate shall be
obtained from the Department of Health and Community Services.
40.
Archaeological Sites
If an archaeological site or artifact is discovered during development of a property, the
development shall stop and Council will consult with the Provincial Archaeology Office.
Development shall not proceed until the Provincial Archaeology Office has evaluated the site
or authorized the development to proceed.
41.
Industrial Use Buffer Strips
Where any industrial use abuts an existing or proposed residential area, or is separated from
it by a road only, Council may require the industrial development to provide buffer strip not
less than ten (10) metres wide between any residential activity and the industrial area. The
buffer shall include the provision of such natural or structural barrier as may be required by
Council and shall be maintained by the owner or occupier to the satisfaction of Council.
42.
Building Line and Setbacks
(1)
Council, 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.
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(2)
The frontyard building line setback is measured from the front property line.
(3)
Notwithstanding the minimum front, side and rear yard requirements set out under
Schedule C, Council, at its discretion, may allow development to complement
existing building setbacks of adjoining properties by varying the yard requirements
after notification of the proposed variance is given to neighbouring property owners
in accordance with Regulation 13 - Notice of Variance and Regulation 30 - Notice
of Application of these Regulations.
(4)
The building line along Provincial highways shall not be less than that specified
under the provincial Building Near Highways Regulation.
43.
Multiple Uses on One Lot
A multiple use occurs when two or more different use classes exist in a single building or on
a single lot.
(1)
Where a single lot contains more than one permitted use, each use shall conform to
all requirements in these Regulations that are applicable to that use.
(2)
A multiple use may not be permitted where Council determines that the proposed use
would not be compatible with existing uses on or adjacent to the lot by reason of
safety, amenity, appearance, or nuisance.
44.
Main Buildings on a Lot
(1)
Except for a single dwelling, more than one main building may be permitted on a lot
provided that the requirements of Schedule C are satisfied.
(2)
No more than one single dwelling may be permitted on a lot except where that lot or
dwelling forms part of a comprehensive development.
(3)
Where more than one main building is developed on a lot, sufficient area shall be
reserved to satisfy the yard requirements and other allowances outlined in Schedule
C for the Use Zone in which the lot is located. These allowances shall be maintained
when the adjacent land is developed.
45.
Comprehensive Development
Council, at its discretion, may permit a comprehensive development that does not meet the
requirements of these Regulations with respect to access to and frontage on a public street as
well as minimum lot size, frontage, frontyard, sideyard, and rearyard, provided that:
(a)
It is satisfied that the site conditions are such that the standard requirements cannot
be met, the quality of the development would be greater than would otherwise be
achieved through conventional developments, or the development would be in the
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public interest with respect to providing housing for elderly, disabled, lower-income,
and other residents whose needs and preferences cannot be easily accommodated by
traditional single-unit dwellings.
(b)
It has provided public notice of the proposed development in accordance with
Regulation 30(1) (d) - Notice of Application of these Regulations.
(c)
A comprehensive development plan has been prepared and approved by Council,
(d)
The comprehensive development itself has frontage on a public street,
(e)
The development is compatible with adjacent development,
(f)
The area of the comprehensive development is at least one (1) hectare, and
(g)
There are no fewer than two developments within the comprehensive development.
46.
Residential Care Home
(1)
A residential care home may be permitted in a facility or single dwelling that is of
adequate size to accommodate all persons living in the home including staff.
(2)
The use and appearance of the building shall not adversely affect the amenities of the
adjacent residences or neighbourhood. Council may set conditions aimed at ensuring
the use is compatible with the neighbourhood.
(3)
Council may require special access and safety features to be provided for the
occupants before occupancy is permitted.
47.
Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any portion
thereof or otherwise, such that any building or structure on the lot shall have a lot
coverage that exceeds, or a frontyard, rearyard, sideyard, frontage, or lot area that is
less than, that permitted 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 frontyard,
sideyard, or rearyard, 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.
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48.
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 Council for the erection of a dwelling thereon,
provided that the lot coverage and height are not greater than, and the setbacks and floor area
are not less than the standards set out in these Regulations.
49.
Lot Frontage
Except where provided for in Schedule C, no building shall be erected on a lot that does not
front directly onto a public street unless the subject lot forms part of a comprehensive
development.
50.
Non-Conforming Uses (Refer to Section 108(2) of the Urban and Rural Planning Act
2000 and Sections 14, 15, and 16 of the Provincial Development Regulations)
(1)
Notwithstanding the Municipal Plan, a scheme, or regulations made under the Act,
Council 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.
(2)
Notwithstanding Paragraph (1), a right to resume a discontinued non-conforming use
of land shall not exceed one year after the discontinuance occurred. 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,
(b)
The owner or tenant has ceased paying business taxes for that use, and
(c)
The owner or tenant has stated in writing that the use has ceased.
(3)
A non-conforming building, structure, or development under the Act, which is
allowed to continue under Paragraph (1):
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by Council,
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development,
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(c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50 percent or more of the value of that building, structure or
development has been destroyed, except as provided for in Paragraph (g)
below,
(d)
may have the existing use for that building, structure or development varied
by Council to a use that is, in Council's opinion, more compatible with the
plan and regulations applicable to it,
(e)
may have the existing building extended by Council where, in Council's
opinion that extension is not more than 50 percent of the existing building,
(f)
where the non-conformance is with respect to the standards in these
Regulations, shall not be expanded if the expansion would increase the non-
conformity, and
(g)
where the building, structure, or development is primarily zoned and used for
residential purposes, may, in accordance with the appropriate plan and
regulations, be repaired or rebuilt where 50 percent or more of the value of
that building or structure is destroyed.
(4)
In accordance with Regulation 30 - Notice of Application of these Regulations,
when considering an application to vary an existing use of a non-conforming
building, structure or development under Paragraph (3) (d), Council will, at the
applicant's expense, provide public notice of the application and shall consider any
representations or objections received in response to that advertisement.
51.
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 Council
and any other authority having jurisdiction.
52.
Parks, Playgrounds, and Open Spaces
Nothing in these Regulations shall prevent the designation of land for the establishment of
parks, playgrounds, and open spaces in any zone provided that such land is not located in
areas that may be hazardous to their use or is an area that is not compatible for such a use.
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53.
Screening and Landscaping
(1)
Council 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 Council, the
landscaping or screening is desirable to preserve amenity or protect the environment.
54.
Public Services and Utilities
Within any zone, Council may permit land to be used in conjunction with the provision of
public services and public utilities if the use of that land is necessary to the proper operation
of the public service or public utility concerned, provided that the design, construction,
landscaping, and operation of the service or utility, in the opinion of Council, will be
adequate to protect the environment, character, and appearance of the area.
55.
Energy Generation Facilities
(1)
Small-scale wind, solar, and hydro generating facilities and associated facilities and
services are subject to the conditions set out below.
(2)
Energy utilities may be subject to the approval of relevant provincial and federal
departments, agencies, and public utilities, including the Department of Natural
Resources 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 other matters that Council may deem to be significant.
(3)
Unless specifically exempted by Council or other relevant agencies, the design,
construction and location of an energy utility shall be certified by a professional
engineer who has consulted with the required agencies.
56.
Site Development Requirements
The following requirements will apply to all proposed site developments involving new
street construction or large sites for commercial or other development.
(a)
When reviewing a development application, Council shall consider the suitability of
the site in terms of steepness of grades, soils, geology, and environmentally sensitive
areas, including watercourses, wetlands, and proximity to coastal shorelines.
(b)
Before approving development of a site having a slope that exceeds fifteen (15)
percent, Council may require the development proposal to be reviewed by a certified
planner, geologist, engineer, or similar professional. The review shall evaluate the
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site's soil and geological stability, proposed site grading, drainage, vegetation
removal, landscaping, and the potential of the development to cause stormwater
runoff, erosion, or pollution affecting adjacent properties, wetlands, water bodies.
(d)
Excavation or infilling of land to prepare a site for development will be limited to an
extent that is deemed by Council to be environmentally and aesthetically acceptable.
(e)
A development application will provide sufficient information to show the extent of
any proposed clearing, excavation, or infilling of the site.
(f) An approval in principle or development permit will not be granted when in
Council's opinion, the proposed clearing, excavation, infilling of land, or other site
development will result in unacceptable drainage, environmental, or aesthetic
impacts, or will be more than is necessary to suitably develop the site.
57.
Street Construction Standards
A new street may not be constructed except in accordance with the design and construction
specifications set by Council.
58.
Development Abutting a Watercourse or Wetland
(1)
All portions of a lot that are located inside of a buffer of 15 metres from the edge of a
wetland or the top of the stream bank of a watercourse will be subject to the
following:
(a)
No building or structure will be permitted except for the reconstruction of a
residential dwelling or a residential accessory building that was in existence
on the date that this Municipal Plan came into effect, and
(b)
Any excavation or infilling of land, or other altering of the landscape, will
be limited to a maximum of ten percent (10%) of the area of the lot located
within the 15-metre buffer area,
(2)
Before Council approves development, use, or alteration of a watercourse, wetland,
or estuary, this must be approved or exempted by Provincial or Federal agencies
having jurisdiction.
(3)
Notwithstanding paragraph (1) above, if a watercourse or wetland is deemed to be
minor (see definitions below), at its discretion, Council may permit a development
subject to conditions. Alternatives to covering over or eliminating such watercourses
and wetlands shall be taken wherever possible, including redesign of the
development and relocation of the watercourse or wetland.
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(a)
A minor watercourse is defined as a (i) drainage course that carries water
only during rain events or snowmelt, (ii) an intermittent stream that does not
carry significant spring runoff, and (iii) a stream that is not fish habitat.
(b)
A minor wetland is defined as a wetland less than 5,000 square metres (1/2
hectare) in area, which is not associated with a watercourse and is not
deemed to be an environmentally sensitive area.
59.
Line of Vision at Intersections
So as to not obstruct the view of motorists and pedestrians,
(a)
All occupied lands within 7 metres of a street intersection shall be kept free of any
shrubs, plants, and trees that may impede the line of vision, and
(b)
No building or structure shall be erected, moved, enlarged, or reconstructed on any
land that is within 7 metres of a street intersection.
60.
Public Trails and Right-of-Ways
(1)
Council will protect designated trails and other historically used public right-of-ways
from developments and activities that might impede public public passage or
interfere with any legal right of Council to develop or improve the right-of-way for
public access and recreation.
(2)
The erection of buildings and structures will not be permitted on any site where it
would otherwise be permitted under these development regulations, when in the
opinion of Council, the development would impede public passage on a designated
public trail or other right-of-way historically used by the public.
(3)
Council may require a minimum setback or set other terms and conditions to a
proposed development in the vicinity of a public right-of-way to ensure the
development will not obstruct public passage along the right-of-way.
61.
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
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and the intersection of street lines at the junction shall be 10 metres and the lot line
between entrances shall be clearly indicated.
62.
Mineral Exploration
(1)
Where it is permitted, a mineral exploration use that constitutes a development (see
definition in Schedule A), will make adequate provision for buffering and other
mitigations of impacts on residential, commercial, industrial, institutional,
recreational, and environmentally sensitive areas.
(2)
Council will not issue a permit for mineral exploration until all necessary permits and
approvals have been obtained from the Departments of Natural Resources and
Municipal Affairs and Environment, together with any other relevant government
agencies.
(3)
Mineral exploration may be subject to conditions to control noise, appearance, road
construction, ground disturbance, and other impacts, as well as the duration of
exploration activity. The precise nature of these controls will depend upon the
location of the exploration in relation to built-up and environmentally sensitive areas,
such as water supply areas, watercourses, and wetlands.
(4)
Mineral exploration that is not classed as a development by virtue of ground
disturbance, access roads, or use of equipment other than hand tools, may be
permitted anywhere in the Planning Area, with adequate notification to Council.
63.
Livestock Facilities
(1)
No new livestock structure designed to accommodate more than five animal units
will be erected or used unless it complies with the following requirements:
(a)
The structure shall be at least 300 metres from a residential dwelling (except
a farm dwelling or a dwelling that is a non-conforming use).
(b)
The structure shall be at least 300 metres from an area zoned for residential
use.
(c)
The structure shall be set back at least 45 metres from the boundary of the
property on which it is to be erected.
(d)
The structure shall be at least 90 m from the centre line of a street.
(e)
The structure shall be approved by the Agrifoods Development Branch of the
Department of Fisheries, Forestry and Agrifoods.
(2)
No residential dwelling will be permitted within 300 metres of an existing livestock
structure designed to contain more than five animal units unless the development is
first approved by the Agrifoods Development Branch.
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64.
Fences Abutting the Street
No fence in the front yard of a lot will be erected closer to the street than the front property
line of that lot. This will apply to new fences as well as existing fences that need to be
replaced.
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PART III - SIGNS
65.
Permit Required
Except in accordance with Regulation 71, no sign shall be erected or displayed in the
Planning Area unless a permit for the sign is first obtained from the Council.
66.
Provincial Highways
In addition to a permit from Council, the erection or display of a sign on a Provincial
Highway shall require a permit from the Government Service Centre.
With respect to signs on or near a Provincial Highway, where these Regulations are
inconsistent with the Provincial Highway Sign Regulations, the more restrictive regulations
shall apply.
67.
Form of Application
Application for a permit to erect or display a sign shall be made to the Council in accordance
with Regulation 18.
68.
Approval Subject to Conditions
A permit will only be issued for the erection or display of signs that comply with the
appropriate conditions and standards set out in these Regulations.
69.
Signs Prohibited in Street Reservation
No sign will be permitted within, on, or over any highway or street reservation.
70.
Removal of Signs
Notwithstanding the provisions of these Regulations, Council may require the removal of
any sign, which, in its opinion, is:
(a)
hazardous to pedestrian or vehicle traffic by reason of its siting, colour, illumination,
or structural condition, or
(b)
not maintained to the satisfaction of the Council.
71.
Signs Exempt from Control
Notwithstanding Regulation 65, the following signs may be erected or displayed without
application to Council:
(a)
on a residential dwelling or within the yard of a dwelling, one nameplate not
exceeding 0.2 m2 in area;
(b)
on an agricultural, forestry, or quarrying operation, one notice board not exceeding
0.5 m2 in area relating to the operations being conducted on the land;
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(c)
on a site occupied by an institutional, civic, service or public use (e.g. church, school,
museum, cemetery), one notice board not exceeding 1.0 m2 in area,
(d)
on a commercial or industrial building, a notice board not exceeding 1.0 m2 in area,
(e)
on any parking lot, directional signs plus one sign only not exceeding 1.0 m2 in size
to identify the parking lot,
(f)
real estate sales, leasing, and open house signs not exceeding 1 m2
(g)
signs placed by candidates at municipal, provincial, or federal elections;
(h)
signs for temporary local events such as festivals, from one month before the event to
no later than one week after its conclusion;
(i)
temporary signs on construction sites warning of danger and or outlining the nature
of the development up to a maximum area of 7.5m2.
72.
General Sign Standards
No commercial, industrial, or public use will have more than two (2) signs.
The following standards shall apply to signs erected for a commercial, industrial, or public
use. In accordance with Regulation 68, Council may set additional conditions to its approval
of a sign.
(a)
Window Sign - maximum of 1 m2
(b)
Awning/Canopy Sign - maximum of 3 m wide by 0.75 m high
(c)
Wall Sign - maximum of 3 m wide by 0.75 m high
(d)
Hanging and Projecting Sign - maximum of 1 m2
(e)
Murals - At the discretion of Council.
(f)
Free Standing Sign - one per use, maximum of 5.0 m2
73.
Residential Zones
Notwithstanding Regulation 72, no sign will be permitted in the Residential zone that does
not meet the standards set out in Regulation 71 except at the discretion of Council and only
if Council has provided notice in accordance with Regulation 30(4) of these Regulations.
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PART IV - SUBDIVISION OF LAND
74.
Application of Part IV
Part IV of these regulations applies to each of the following:
(a)
The subdivision of land under single ownership into two or more lots, including the
residual lot,
(b)
Construction, upgrading, or extension of a public street, and
(c)
Extension or upgrading of the municipal water and sewer system.
75.
Subdivision Permit Required
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 Council.
76.
Services to be Provided
No permit shall be issued for the subdivision of land unless provisions satisfactory to
Council have been made for supply of drinking water, sewage disposal, and stormwater
drainage so as to not affect adjoining and nearby properties.
77.
Payment of Service Levies and Other Charges
No subdivision permit will be issued until agreement has been reached for the payment of all
fees levied by Council for connection to services, utilities, and streets deemed necessary for
the proper development of the subdivision and all service levies and other charges imposed
under these Regulations.
78.
Permit Subject to Considerations
For every proposed subdivision of land involving new street construction, an application and
development plan shall be submitted to Council.
A permit shall not be issued when, in the opinion of Council, the development of a
subdivision will not contribute to the orderly growth of the municipality or demonstrate
sound design principles.
In considering a subdivision application, Council shall, without limiting the generality of the
foregoing, consider:
(a)
Proposed land uses within the development,
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(b)
The location and natural characteristics of the site, including topography, drainage,
soils and geology, vegetation, wetlands, watercourses, sensitive areas, prevailing
winds, and solar orientation,
(c)
Municipal Plan policies, Development Regulations, and Use Zone affecting the site,
(d)
Proposed layout of streets and lots, as well as linkages to existing streets,
(e)
The availability of and the demand created for municipal infrastructure, municipal
services, and utilities,
(f)
Provision for access to adjacent undeveloped areas,
(g)
The land use, physical form and character of adjacent developments,
(h)
The relationship of the project to existing or potential sources of nuisance,
(i)
Visual quality and effect on viewscapes from existing subdivisions,
(j)
Community facilities,
(k)
Energy conservation,
(l)
Environmental effects with respect to watercourses, wetlands, steep slopes, drainage
patterns, stormwater generation and control, coastal resources, and loss or
fragmentation of habitat,
(m)
Municipal financial costs related to the provision and maintenance of roads, other
infrastructure, and municipal services,
(n)
Effects on the sustainability of important resource lands, including groundwater
supply areas, agricultural land, forestland, and aggregate resources, and
(o)
Such other matters as may affect the proposed development.
79.
Building Permits Required
Notwithstanding approval of a subdivision by Council, a separate building permit shall be
obtained for each building proposed to be erected in 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.
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80.
Form of Application
Application for a permit to develop a subdivision shall be made to Council in accordance
with Regulation 18 - Form of Application.
81.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated
on the Zoning Maps.
82.
Building Lines
Council may establish building lines for any subdivision street and require any new building
to be located on such building lines.
83.
Dedication of Land for Public Use
In accordance with Section 37 of the Act, Council may require developers of subdivisions to
provide to the Town land for open space or other public use equal to ten per cent of the gross
area to be developed. In lieu of land dedication, Council may accept a sum of money that is
equivalent to the value of the land that would have been conveyed.
Unless Council decides otherwise, the dedication of such land for public use will not include
land that Council requires to be set aside from development for the purposes of
environmental protection or stormwater drainage.
84.
Structure in Street Reservation
The placing of any structure (for example, a hydro or telephone pole, fire hydrant, mail box,
school bus shelter, sign post) within a street reservation shall not be approved by Council
unless or until it is satisfied on the question of safe construction and relationship to other
buildings or other structures within the street reservation and relationship to safe movement
of vehicles and pedestrians.
85.
Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations
unless the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
A cul de sac will be subject to the following:
(i)
the turning circle of a cul de sac will have a driving surface diameter of not
less than 30 metres.
(ii)
the maximum length of a cul de sac will be 500 metres.
(iii)
all cul de sac water mains will be connected to a water main on an adjoining
street or will be looped back to ensure continuous water flow and prevent
stagnant water at the end of dead-end pipes.
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(c)
Streets will be designed in accordance with the following minimum standards:
Type of Street
Street
Reservation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Arterial
30.0 m
15.0 m
1.5 m
Discretion
of Council
Collector
15.0 m
7.3 m
1.5 m
Local 1
12.2 m
7.3 m
Discretion
of Council
Local 2
12.2 m
5.2 m
Note: The list of Arterial, Collector, Local 1, and Local 2 streets is found in
Section 4.4 of the Municipal Plan.
(d)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
86.
Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all streets, paving, sidewalks and all other utilities
deemed necessary by Council 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 Council, be incorporated in the
plan of subdivision.
(2)
Upon approval by Council 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 streets and other works
deemed necessary by Council to service the said area.
87.
Developer to Pay Engineer's Fees and Charges
The developer shall pay to Council 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.
88.
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, and paving specified
by Council as being necessary, may, at Council's discretion, be deferred until a later stage of
the subdivision development but the developer shall deposit with Council before approval of
the 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
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development, Council 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
Council the amount of the excess. If the contract price is less than the deposit, Council shall
refund the amount of the excess. Any amount so deposited with Council 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.
89.
Transfer of Streets and Utilities to Council
(1)
The developer shall, following the approval of the subdivision of land and upon
request of Council, transfer to Council, at no cost to Council, 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 Council for public use as streets, or other rights-
of-way, or for other public use;
(b)
All services or public works including streets, water supply, sanitary sewer,
and storm drainage systems installed in the subdivision that are normally
owned and operated by Council.
(2)
Before Council 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)
Council 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 Council.
90.
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 Council is satisfied that satisfactory
access to a street is provided for the lot.
91.
Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building types and
for landscaping in order to enhance the visual aspects of the completed development
and to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by Council, shall not be changed without written
application to and subsequent approval of Council.
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PART V - USE ZONES
92.
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 Paragraph (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, Council may in its discretion, determine
the standards, requirements and conditions that shall apply.
93.
Map Interpretation
(1)
The boundaries of the Use Zones shown on the Land Use Zoning Maps are general
only and, except where they coincide with roads, shorelines, or other prominent
physical features, are not intended to define exact limits. No zoning amendment shall
be required to allow minor adjustments of the Use Zone boundaries. Other than such
minor boundary adjustments, no development shall be permitted that does not
conform to the Use Zone delineated on the Land Use Zoning Maps.
(2)
Where there is uncertainty regarding the existence of a watercourse identified on the
zoning map as occurring within the Environmental Protection zone, this will be
confirmed in the field. If it is determined that the watercourse does not exist, the area
in question will be treated as if it is occurring within a surrounding zone.
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 Council 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 Council 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 Council
is satisfied that the development would not be contrary to the general intent and purpose of
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these Regulations, the Municipal Plan, or any further scheme or plan or regulation pursuant
thereto, and to the public interest, and if Council has given notice of the application in
accordance with Regulation 30 - Notice of Application 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 Classes set out in
the appropriate Use Zone Tables in Schedule C shall not be permitted in that Use Zone.
Town of South River
Development Regulations 2017--27
Schedule A - Definitions
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SCHEDULE A DEFINTIONS
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Schedule A - Page 1
SCHEDULE A - DEFINITIONS
GENERAL NOTE:
A definition marked with an asterisk is also included in the Provincial Development
Regulations. Where there is a conflict, the Provincial Development Regulations 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)
In the case of a residential use, a domestic garage, carport, ramp, shed, swimming pool,
greenhouse, cold frame, fuel shed, vegetable storage cellar, shelter for domestic pets, or radio
or television antennae,
(iii)
In the case of a commercial use, an office, workshop, storage building, or garage, and
(iv)
In the case of an industrial use, a garage, office, workshop, storage building, ramp, or dock.
*ACCESSORY USE means a use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use.
*ACT means, unless the context indicates otherwise, the Urban and Rural Planning Act 2000.
AGRICULTURE, CROP means an agricultural operation that is carried on for personal or
commercial use and includes:
(a) the clearing, draining, irrigating or cultivation of land,
(b) the production of agricultural field crops,
(c) the production of fruit and vegetables and other specialty horticultural crops,
(d) the operation of agricultural machinery and equipment,
(e) storage, use or disposal of organic wastes for farm purposes,
(f) the preparation of a non-livestock farm product for distribution from the farm gate, including
cleaning, grading and packaging,
(g) the operation of pick-your-own farms, roadside stands, farm produce stands, and tourist
operations as part of a farm operation, or
(h) any other non-livestock agricultural activity or process prescribed by Provincial regulation
that is carried on for gain or reward or in the hope or expectation of gain or reward.
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AGRICULTURE, LIVESTOCK means an agricultural operation that is carried on for personal or
commercial use and includes:
(a) the clearing, draining, irrigating or cultivation of land for livestock grazing,
(b) the raising of livestock, including poultry,
(c) the raising of fur-bearing animals,
(d) the raising of bees,
(e) the production of eggs and milk,
(f) the preparation of a livestock, poultry, or dairy product for distribution from the farm gate,
including cleaning, grading and packaging,
(g) the on-farm processing of farm products for the purpose of preparing livestock, poultry, or
dairy products for wholesale or retail consumption,
(h) any other livestock activity or process prescribed by Provincial regulation that is carried on
for gain or reward or in the hope or expectation of gain or reward.
ANIMAL UNIT means any one of the following animals or groups of animals as specified by the
Agrifoods Development Branch (Department of Fisheries and Land Resources):
Type of
Livestock
Average Weight
per Animal (kg)
No. of Livestock
per Animal Unit
Dairy Cows
545-640
1
Heifers
300
2
Veal
91
5
Bulls
545
1
Beef cows
360
2
Sows (F to F)
454
1
Sows
150
3
Hogs
75
6
Boars
150
3
Sheep (ewe)
54
8
Sheep (lamb)
27
16
Goats
64
7
Foxes
11.35
40
Mink
3
150
Rabbits
2.27
200
Laying Hens
1.8
252
Broilers
.9
500
Pullets
1.3
350
Broiler turkey
6.5
70
Heavy turkey
7.5
60
Heavy toms
12
40
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SCHEDULE A DEFINTIONS
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Schedule A - Page 3
APARTMENT BUILDING means a residential building containing three or more dwelling units
except for a townhouse.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT means a person who has applied to Council for a permit to carry out a development.
AUTHORITY means the Municipal Council of South River.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment for paid
temporary accommodation for up to six (6) guest rooms of paid temporary accommodation for
tourists and other travellers. The establishment may include a self-serving dining area for the use by
overnight guests. Catered dining may be considered on a limited-use basis. Other uses that may be
considered under this definition include hospitality home, cottage and inn. 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 two (2) rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BUILDING means a structure, erection, excavation, alteration or improvement whatsoever placed
on, over or under land, or attached, anchored or moored to land, and includes mobile structures,
vehicles and marine vessels adapted or constructed for residential, commercial, industrial and other
like uses, and any part of a building as so defined and any fixtures that form part of a building.
*BUILDING HEIGHT means the vertical distance, measured in metres, from the established grade
to:
(i)
the highest point of the roof surface of a flat roof,
(ii)
the deck line of a mansard roof, and
(iii)
the 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 Council that runs parallel to a street line and is set
at the closest point to a street that building may be placed.
CAMPGROUND means an area of land, managed as a unit, for the accommodation of any
combination of three (3) or more tents, recreational vehicles, or travel trailers used on a short term or
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Schedule A - Page 4
seasonal basis, and where the accessory uses could include an administrative office, clubhouse,
snack bar, laundry, convenience store, swimming pool, washroom, and recreational facility.
CATERING means a building or part of a building where food is prepared and served within the premises
and includes a restaurant and coffee shop, but does not include a take-out food service or drinking
establishment.
CEMETERY means a facility or site reserved for the burial of the dead and may include a
crematorium, mortuary, and related maintenance facility.
CHILD CARE 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 which does not include a school as defined by the Schools Act.
CLUB AND LODGE means land, a building, or part of a building used by a non-profit association
or organization for fraternal, social, recreational or religious purposes.
COLLECTOR STREET means a street that links local streets with arterial streets or other collector
streets, and which is designated as a collector street in the Municipal Plan or on the Zoning Map.
COMMERCIAL ACCOMMODATION means a building, or part thereof, used to provide short
term (not permanent) accommodation for paying guests. Accommodation may be self contained
(with full kitchen, bathroom and laundry services) or serviced (laundry service and meals are
provided). Commercial accommodation may include a hotel, motel, or inn, but not a tourist cottage
establishment, which is defined separately.
COMMERCIAL OUTDOOR RECREATION means a commercial facility or operation such as a
golf course, outdoor theatre, Alpine ski hill, target shooting range, canoeing/kayaking tour operation,
outdoor adventure operation, water slide, or motocross track.
COMMUNICATIONS means a building, structure, mast, or antenna used to facilitate the receiving
or transmitting of radio, television, telephone, cellular, or satellite communications, and may include
radio and television stations.
COMPREHENSIVE DEVELOPMENT means an integrated development on a suitable, large site
that responds to a unique market opportunity and involves special development standards not
otherwise permitted in the zone. A comprehensive development may allow for a mix of different
housing types and densities, and innovations such as cluster layouts and zero lot line housing, and
privately owned and maintained streets and infrastructure.
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Schedule A - Page 5
CONSERVATION means a use of land that serves to protect, maintain, or improve an
environmental resource or feature.
CONSTRUCTION YARD means an area used for the storage of construction materials, supplies,
equipment, tools, stockpiles of construction materials, and other items including temporary storage
containers, construction trailers, and temporary office trailers;
COUNCIL means the Council of the Town of South River having jurisdiction of the South River
Municipal Plan and Development Regulations.
CROP AGRICULTURE - See "AGRICULTURE, CROP".
CULTURAL AND CIVIC means land or a building used for a cultural or civic activity such as a
museum, art gallery, interpretation centre, cultural centre, outdoor interpretive or educational
display, of a historic, cultural, or educational nature, or used for a government activity not otherwise
defined in these Regulations.
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, which may or may not be attached to a main building,
which does not have a permanent roof.
DEVELOPMENT means the carrying out of any building, engineering, mining, infilling, or other
operations in, on, over, or under land, or the making of any material change in the use, or the
intensity of use of any land, buildings, or premise and without limiting the generality of the
foregoing, includes:
(i)
the making of an access onto a highway, road or way,
(ii)
the construction of a building,
(iii)
the erection of an advertisement or sign, and
(iv)
the parking of a trailer, or vehicle of any description used for the sale of refreshments
or merchandise, or as an office, or for living accommodation, for any period of time.
and excludes:
(i)
the carrying out of works for the maintenance, improvement or other alteration or
any building, being works which affect only the interior of the building or which do
not materially affect the external appearance or use of the building,
(ii)
the carrying out by a highway authority of any works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the
road reservation,
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Schedule A - Page 6
(iii)
the carrying out by any local authority or statutory undertakers of any works for the
purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or
other apparatus, including the breaking open of any street or other land for that
purpose, and
(iv)
the use of any building or land within the courtyard of a dwelling house for any
purpose incidental to the enjoyment of the dwelling house as such.
*DEVELOPMENT REGULATIONS means these regulations and regulations and by-laws
respecting development that have been enacted by Council.
*DISCRETIONARY USE means a use that is listed within the discretionary use classes established
in the use zone tables of Council's development regulations.
DISTANCE means the shortest separation, measured on a horizontal plane, between a lot line, street
line, top of a the bank of a watercourse, coastal feature, or other point specified in these Regulations
and the nearest part of a building, structure, excavation, or other use of land.
DOCK means a recreational wharf or slipway structure extending into a body of freshwater or
saltwater, but does not include a marina or marine facility.
DOUBLE DWELLING means a building containing two dwelling units, placed one above the
other, or side by side, but does not include a single dwelling containing a subsidiary apartment.
DRAINAGE means the removal of surface or subsurface water by a channel, open ditch, grassed
waterway, or conservation structure.
DRINKING ESTABLISHMENT means a commercial operation, assembly hall, club, or lounge in
which the sale and consumption of liquor is licensed under the Liquor Control Act, and in which
meals and food may be served for consumption on the premise and entertainment may be provided.
DRIVEWAY means a vehicular passageway having at least one end thereof connected to a public
street and providing ingress to and/or egress from a lot.
DWELLING means a main building or portion thereof, which contains one or more dwelling units.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used or
designed as the living quarters for one household.
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Schedule A - Page 7
EDUCATIONAL means a public or private institution of learning that includes primary,
elementary, junior high, and senior high schools, colleges, universities, as well as buildings used for
temporary training activities.
EMERGENCY SERVICE means a fire station, police station, ambulance station, rescue centre, or
other facility for the provision of emergency services, including a related training facility.
ENERGY GENERATION FACILITY means a facility for the generation of electricity from wind,
biomass, water, oil, or gas.
ENGINEER means a professionally certified engineer who is employed or retained by Council or is
employed or retained by a developer in relation to a development that requires Council approval.
ENTERTAINMENT means the internal use of a building for entertainment activities, and may
include bowling alleys, movie theatres, performing arts, games arcades, poolrooms, youth centres,
and similar uses, but does not include drinking establishments.
*ESTABLISHED GRADE means:
(i)
where used in reference to a building, the average elevation of the finished surface of
the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average elevation of
the finished grade of the ground immediately surrounding the structure exclusive of
any artificial embankment or entrenchment.
EXCAVATION OF LAND means the extraction or mining of soil, gravel, or bedrock material to
prepare a site for development or to sell for off-site use.
FISHERIES FACILITY means a facility near or abutting coastal water for a purpose related to
commercial fishing, aquaculture, or fish processing, including a wharf, gear shed, or slipway.
*FLOOR AREA means the total area of all floors in a building measured to the outside face of
exterior walls.
FORESTRY means the general growing and harvesting of trees and, without limiting the generality
of the foregoing, shall include the cutting of fuelwood, sawlogs, Christmas trees, and other products.
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SCHEDULE A DEFINTIONS
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Schedule A - Page 8
*FRONTAGE means the horizontal distance between side lot lines measured at the building line, or
in the case of a lot on the turning circle of a cul de sac, the horizontal distance measured at the
building line.
FRONTYARD means the distance between the "building line" as defined in these regulations and
the front street line of a lot.
FUTURE STREET means a portion of land delineated on a development plan as a "Future Street",
which is to be used as a street at some date in the future and which the title of the land will be vested
with Council upon the completion of the development.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use to a main
building on the lot.
GARDEN CENTRE means the use of land, buildings, or structures or part thereof for the purpose
of buying or selling plants and garden equipment, furnishings, and supplies.
GENERAL ASSEMBLY means land or buildings used as gathering places for substantial numbers
of people and, without limiting the generality of the foregoing, includes auditoriums, convention
centres, public and private halls, gymnasiums, bowling alleys, and similar gathering places.
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.
GENERAL INDUSTRY means the use of land or buildings to store, assemble, alter, repair,
manufacture, fabricate, pack, can, prepare, break up, demolish, or treat any article, commodity or
substance. "Industry" shall be construed accordingly.
GENERAL SERVICE means an outlet for servicing, repairing, installing, or renting things and
equipment, without limiting the generality of the foregoing, includes the following examples:
(a) radio, television, and computer service and repair shops
(b) locksmith shops
(c) small appliance service or repair shops
(d) household and carpenter tool service or repair shops
(e) tools and equipment rental shops;
GRADE - See "ESTABLISHED GRADE".
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SCHEDULE A DEFINTIONS
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Schedule A - Page 9
GREENHOUSE means a building whose roof and sides are made largely of transparent or
translucent material for the cultivation of plants for subsequent sale, transplanting, or personal use.
GROUP HOME 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, facilities referred to as "group care homes", "halfway houses", and "foster homes".
HABITAT means an area where plants, animals, and other organisms live, and find adequate
amounts of food, water, shelter, and space needed to sustain their populations. Specific habitats of
concern may include areas where species (i.e. geese, ducks, salmon) concentrate at a vulnerable
point in their life cycle or annual migration.
HAZARD LAND means land that poses a hazard or constraint to development such as wetlands,
organic soils, steep slopes, flood plains, contaminated soils, and exposed bedrock.
HAZARDOUS USE means the use of land or buildings for any purpose that constitutes a special
hazard by reason of fire, explosion, radiation, pollution, noxiousness, and risk to human health, or
other hazard.
HEIGHT - See "BUILDING HEIGHT".
HOME OCCUPATION means a secondary use of a dwelling by at least one of the residents of the
dwelling to conduct a gainful occupation or business activity.
HOTEL means a commercial establishment that consists of a building with three or more attached
sleeping units grouped under one roof designed to accommodate the traveling public, which may or
may not have restaurant, retail, and personal services.
INDOOR ASSEMBLY means land or a building used as a gathering place for sports-related
recreational activities and, without limiting the generality of the foregoing, includes arenas,
armoires, ice rinks, and indoor swimming pools.
INDOOR MARKET means the use of a building for the display and sale of goods and produce by a
number of retail enterprises.
INFILL DEVELOPMENT means development or redevelopment occurring on an infill lot.
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Schedule A - Page 10
INFILL LOT means a vacant lot that remains, or is subdivided from another lot, following
completion of the initial development of an area.
INFILLING OF LAND OR WATER means the depositing of soil, gravel, or bedrock material to
prepare a site for development.
INSPECTOR means any person appointed and engaged as an Inspector by Council or by any
federal or provincial authority or the agent thereof.
KENNEL means any land, building, or structure where five (5) or more dogs or cats over the age of
six months are boarded, bred, trained, cared for, and may include the business of pet grooming, but
does not include a veterinary clinic.
LAND includes land covered by water, and buildings and structures on, over, or under the soil and
fixtures that form part of these buildings and structures.
LIGHT INDUSTRY 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.
LIVESTOCK means any species of poultry, cattle, sheep, swine, goats, llamas, horses, or other
animals that are normally kept and raised on farms and used or intended for use as food or food
related purposes, for riding (e.g. horses), or for improving animal nutrition, breeding or management
for profit, personal use, or otherwise, and does not include a domestic animal as defined in these
regulations.
LIVESTOCK AGRICULTURE - See "AGRICULTURE, LIVESTOCK".
LIVESTOCK FACILITY means a building or confined area used or intended to be used to house
or confine livestock, and includes a structure or area used or intended to be used to store manure.
LOCAL STREET means a street designed primarily to provide access to adjoining land and which
is not designated as a collector street or arterial street in the Municipal Plan or on the Zoning Map.
*LOT means a plot, tract or parcel of land, 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.
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Schedule A - Page 11
LOT, CORNER means a lot having two or more sides fronting onto two or more adjacent streets.
*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.
LOT LINE means a common boundary between a lot and an abutting lot or street.
MAIN BUILDING means the building or buildings in which the primary use(s) of a lot on which
the building is located is conducted.
MAIN USE means the primary purpose for which a building, other structure or lot is designed,
arranged, or intended, or for which a lot may be used under this regulation.
MARINA means a dock or basin together with associated facilities where slips, moorings, supplies,
repairs, storage, sales, rentals, refuelling, and other services that are typically available for boats and
other watercraft, and may include a club house and catering facilities. It can also include an
associated boathouse or shed.
MARINE FACILITY means a wharf or onshore facility located in the vicinity of coastal waters for
a purpose related to marine transportation, ship repair, refuelling, and other marine services.
MEDICAL SERVICE means a building or part thereof, used exclusively by physicians, dentists or
other health professionals, their staff, and patients for consultation, diagnosis, and office treatment of
humans. Without limiting the generality of the foregoing, a medical clinic may include
administrative offices, waiting rooms, examination rooms, treatment rooms, laboratories,
pharmacies, and dispensaries directly associated with the clinic, but shall not include
accommodation for in-patient care or operating rooms.
MINERAL EXPLORATION means the searching for minerals or mineral occurrences, including
oil exploration, wherein, for the purposes of these Regulations, it takes the form of a development
that involves appreciable soil disturbance, uses equipment other than hand tools, or involves the
construction of roads to access the exploration site.
MINERAL WORKING means the use of land for the surface extraction, processing, crushing, and
stockpiling of sand, gravel, clay, shale, bedrock, or other aggregates, and may include washing and
blasting where permitted under Provincial regulation, along with associated buildings and
machinery.
Town of South River
Development Regulations 2017-2027
SCHEDULE A DEFINTIONS
______________________________________________________________________________
Schedule A - Page 12
MINI-HOME means a prefabricated single dwelling unit that complies with the National Building
Code, is designed to be used with or without a permanent foundation, has a width of less than six (6)
metres throughout its entire length exclusive of steps or porches, is not fitted with facilities for
towing or to which towing apparatus can be attached, and is capable of being transported by means
of a single trailer from the site of its construction without significant alteration.
MINISTER means the Minister of Municipal and Intergovernmental Affairs responsible for the
Urban and Rural Planning Act 2000.
MINOR WATERCOURSE means a watercourse that flows for only a part of the year, such as
during snowmelt, spring runoff, rainstorms, and wet periods.
MOTEL means an establishment that serves the travelling public, which consists of one or more
buildings containing four or more attached accommodation units, which may or may not have
restaurant, retail, and personal services.
*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.
NOXIOUS USE means a use of land or a building which, from its nature or operation, creates a
nuisance, or is liable to become a nuisance that is offensive or dangerous by reason of noise,
vibration, or emission of gas, fumes, dust, or objectionable odour.
NURSING HOME means a residence licensed under Provincial legislation, in which the proprietor
supplies lodging and meals and, if required, nursing, medical, or similar care and treatment, and
without limiting the generality of the foregoing, may include a rest home, personal care home, or any
similar provincially licensed establishment.
OFFICE means a use providing for administrative, governmental, professional services and general
office functions, and includes accounting, bookkeeping, advertising, architectural, engineering,
planning and design, surveying, legal services, counseling, data processing, telephone services,
social services, public relations, consulting, realty offices and similar uses.
OPEN SPACE USE means land set aside to preserve natural areas or to develop passive
recreational uses. Open space may include woodlands, fields, walking trails, and passive recreational
uses, but shall not include structures such as buildings, tennis courts, parking lots, or other
impervious land uses.
Town of South River
Development Regulations 2017-2027
SCHEDULE A DEFINTIONS
______________________________________________________________________________
Schedule A - Page 13
OUTDOOR ASSEMBLY means land or outdoor facilities used as a gathering place for substantial
numbers of people and, without limiting the generality of the foregoing, includes bleachers, grand
stands, outdoor ice rinks and swimming pools, amusement parks and fair grounds, exhibition
grounds, drive-in theatres, and similar gathering places.
*OWNER means a person or an organization of persons owning or having the legal right to use the
land under consideration.
PASSIVE RECREATIONAL USE means a recreation activity that generally does not require a
developed site, and includes such uses as walking, bicycling, and skiing trails, but does not include
sports fields, structures, or facilities to accommodate any type of motorized vehicle.
PERMANENT STRUCTURE means a building or part thereof or any built structure, which
includes a foundation or permanent base of earth, rock, concrete or other materials.
*PERMITTED USE means a use that is listed within the permitted use classes set out in the use
zone tables of Council's development regulations.
PERSONAL CARE HOME - See "NURSING HOME".
PERSONAL SERVICE means a service oriented to the personal needs of persons, and without
limiting the generality of the foregoing, includes hairdressing shops, beauty salons, gyms, computer
service shops, hobby shops, and photo studios.
PLANNED UNIT DEVELOPMENT (PUD) means a type of development that meets overall
municipal density and land use standards without being fully bound by zoning requirements. A PUD
is planned and built as a unit thus fixing the type and location of uses and buildings over the entire
project. It may include clustering of buildings, common open space, and incorporation of various
building types and mixed land uses. Potential benefits of a PUD include more efficient site design,
open space preservation, lower construction costs, and lower per unit municipal servicing costs.
PROHIBITED USE means a use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that Council specifies as not permitted within a use zone.
PUBLIC BUILDING means a building that can be used for a public or non-profit purpose and
without limiting the generality of the foregoing, may include such a building such as a school, place
of worship, municipal facility, community centre, hospital, town hall, and government office.
Town of South River
Development Regulations 2017-2027
SCHEDULE A DEFINTIONS
______________________________________________________________________________
Schedule A - Page 14
PUBLIC RIGHT-OF-WAY means a route across privately or publicly owned land that may be
followed, but not deviated from, by members of the public.
*REARYARD means the distance between the rear lot line and the rear wall of the main building on
the lot.
RECREATIONAL OPEN SPACE means an outdoors recreational use designed and equipped for
the conduct of sports and/or leisure activities, and may include a park, playground, outdoor skating
rink, racing track, playing field, dog park, or similar use.
RECYCLING FACILITY means land or a building used to deposit, store, separate, clean, or
redistribute discarded materials such as drink containers, paper, glass, plastic, and cardboard.
RESIDENTIAL CARE HOME means an accommodation facility or home providing for the care
of aged, sick, injured, or special needs persons, other than in a public hospital, and may include a
personal care home, nursing home, rest home, seniors home or group home.
RESTAURANT means a building or part thereof, used or occupied for the purpose of serving the
general public with meals or refreshments for consumption on the premises.
RIGHT-OF-WAY, PUBLIC (see "PUBLIC RIGHT-OF-WAY")
ROW HOUSE (see "TOWNHOUSE")
SENSITIVE AREA means an area that is easily disrupted by human activity, and may include steep
slopes, cliffs, watercourses, wetlands, riparian areas, springs, coastal features, wet and unstable soils,
unstable geology, and vulnerable or threatened flora or fauna.
SERVICE STATION means any land or building used for the sale of petroleum products,
automotive parts and accessories, minor repairs, washing and polishing of motor vehicles.
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.
Town of South River
Development Regulations 2017-2027
SCHEDULE A DEFINTIONS
______________________________________________________________________________
Schedule A - Page 15
SHOPPING CENTRE means a group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit.
*SIDEYARD SETBACK means the distance between the side lot line and the nearest sidewall 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.
SINGLE DWELLING means a free standing dwelling, which is separate and detached from other
main buildings and consists of a constructed, prefabricated, or manufactured dwelling unit, but does
not include a mini-home or a mobile home.
SLIPWAY means a ramp on the shore by which boats can be moved to and from the water. It can be
used for building and repairing boats, as well as launching and landing boats.
SLOPE means the rate of vertical change of the surface of the ground expressed as a percentage and
determined by dividing the change in vertical distance by the change in horizontal distance.
SOD FARM means the use of land for the cultivation and harvesting of lawn grass, along with the
soil that supports it, for commercial sale.
*STREET means a street, road or highway or other way designed for the passage of vehicles and
pedestrians with the following characteristics:
(i)
it is designed for the passage of fire department and other emergency vehicles,
(ii)
it includes related infrastructure, for example, the roadway itself, side ditches, culverts, and
bridges, and
(iii)
its maintenance is the responsibility of Council or the Provincial Department of
Transportation and Works.
*STREET LINE means the edge of a street reservation as defined by Council or the Province.
Town of South River
Development Regulations 2017-2027
SCHEDULE A DEFINTIONS
______________________________________________________________________________
Schedule A - Page 16
STRUCTURE means anything constructed or erected with a fixed location on or below the ground,
or attached to something having a fixed location on the ground, and includes buildings, walls, fences,
signs, billboards, utility poles, and similar items.
SUBDIVISION means the dividing of any land, whether in single or joint ownership, into two or
more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and subsidiary to
a self-contained dwelling.
SURFACE WATER means any flowing or standing water on the surface of the earth.
SUSTAINABLE DEVELOPMENT means development that meets the needs of the present
without compromising the ability of future generations to meet their own needs, and applies to the
environmental, economic, social, cultural, and local governance aspects of the community.
TAKE-OUT FOOD SERVICE means a building, trailer, or vehicle in which the primary purpose
is the preparation and sale of meals or refreshments for consumption off the premises.
TOURIST COTTAGE ESTABLISHMENT means an area of land, managed as a unit, consisting
of three or more self-contained accommodation units used for short-term stays, and where accessory
uses could include an administrative office, clubhouse, snack bar, convenience store, swimming
pool, and recreational facilities.
TOWNHOUSE DWELLING means a dwelling containing more than two dwelling units at ground
level in one building, each unit separated vertically from the others and with individual entrances
directly from the outside.
TRAILER means any vehicle used for sleeping accommodation on a temporary basis and so
constructed as to be suitable for being attached to and drawn by a motor vehicle, and not used as a
full time residence.
TRANSPORTATION means any transportation infrastructure or service such as streets, bridges
marine structures, and associated buildings.
*USE means a building or activity situated on a lot or a development permitted on a lot.
Town of South River
Development Regulations 2017-2027
SCHEDULE A DEFINTIONS
______________________________________________________________________________
Schedule A - Page 17
*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 in Schedule C
of the Regulations relate.
UTILITY means a utility provided by any agency, which provides the public with electricity, heat,
steam, communications, water, sewage, garbage collection, or other similar service.
*VARIANCE means a departure, to a maximum of 10 percent from the yard area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use Zone Table of
Council's regulations.
VEHICLE SALES AND SERVICES means a building or an open area used for storage or display, for
sales purposes, of motor vehicles and equipment, as well as associated servicing of motor vehicles and
equipment.
VETERINARY means an establishment used by veterinarians, or practitioners in related specialties,
for practicing veterinary medicine, where animals are admitted for examination or treatment, and
where limited laboratory and other diagnostic services may be offered, but excludes a kennel.
WATER UTILITY means any infrastructure or facility used for water supply management,
operations, and protection such as intake pipes and filters, treatment plants, and pipelines.
WATERCOURSE means the full width and length, including the bed, banks, side and shoreline, or
any part, of a river, stream, spring, brook, lake, pond, reservoir, estuary, or other natural or artificial
freshwater channel open to the atmosphere, the primary function of which is the conveyance or
containment of water, whether the flow is continuous or not.
WATERSHED means the surface area contained within a topographical divide above a specified
point on a river, brook, stream, or other flowing body of water.
WETLAND means a land whose soil is saturated with moisture either permanently or seasonally.
Wetlands include swamps, marshes, bogs, fens, and shallow water, among others. The water found
in wetlands can be saltwater, freshwater, or brackish.
ZONE - See "USE ZONE"
*ZONING MAP means the map or maps attached to and forming part of the Regulations.
Town of South River
Development Regulations 2017--27
Schedule B - Classification of Uses
of Land and Buildings
Town of South River
Development Regulations 2017-2027
SCHEDULE B CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 1
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
This Classification is intended to assist in the interpretation of types of uses within the use classes
listed in the Use Zone Tables in Schedule C of these Regulations. Examples included in the
following tables are not exhaustive. They are used to illustrate typical types of developments within
a use class.
GROUP
CLASS
EXAMPLES
RESIDENTIAL
USES
Single Dwelling
Single detached dwellings
Double Dwelling
Semi-detached dwellings, duplex dwellings
Townhouse
Townhouses, row houses, triplexes, quadplexes
Apartment Building
Apartment buildings
Collective Residential
Educational residences, nurse and hospital
residences, worker accommodations
Subsidiary Apartment
Basement apartments, in-law suites
Boarding House
Boarding houses
Bed and Breakfast
Bed and breakfast
Mini-home
Mini-homes
Residential Care
Seniors housing, personal care homes, nursing
homes, group homes
Recreational
Dwelling
Cabins, cottages
Home Occupation
Home occupations
Accessory Building
Sheds, garages
Town of South River
Development Regulations 2017-2027
SCHEDULE B CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 2
GROUP
CLASS
EXAMPLES
COMMERCIAL
USES
Medical Service
Clinics, medical offices, dental offices
Office
Professional offices, law offices, business
offices, banks, government offices
Personal Service
Barbers, beauty parlours, pet grooming, gyms,
computer service, hobby shop, and photo studios.
General Service
Car washes, laundromats, small tool and
appliance services and rentals.
Commercial Outdoor
Recreation
Golf course, kayaking/canoeing tours, outdoor
theatre, motocross track, shooting range
Commercial
Accommodation
Hotels, motels, inns, tourist cottages
Tourist Cottage
Establishment
Tourist cottages and associated facilities (e.g.
laundromat, swimming pool, canteen)
Campground
Campgrounds, trailer parks, RV parks
Shop
Retail shops, showrooms, supermarkets,
convenience stores, gift shops, specialty shops
Shopping Centre
Shopping centres
Indoor Market
Farmer markets, exhibition halls, flea markets
Outdoor Market
Fish markets, market grounds, flea markets,
produce stands, outdoor farmer markets
Drinking Establishment
Bars, pubs, nightclubs, lounges
Garden Centre
Greenhouses, nurseries
Vehicle Sales and
Services
Automobile dealerships, recreational vehicle
dealerships, heavy equipment dealerships
Catering
Restaurants, coffee shops, bake shops
Take-out Food Service
Take-out restaurant, food stand, mobile canteen
Entertainment
Games arcades, poolrooms, bowling alleys,
youth centres, movie theatres, theatres
Kennel
Kennels
Veterinary
Veterinary clinics
Funeral Home
Funeral homes and chapels
Town of South River
Development Regulations 2017-2027
SCHEDULE B CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 3
GROUP
CLASS
EXAMPLES
INSTITUTIONAL
AND
PUBLIC USES
Penal and Correctional
Detention
Jails, prisons, reformatories, group homes
Medical Treatment and
Special Care
Medical care homes, personal care homes,
nursing homes, hospitals, medical clinics
Emergency Service
Police stations, fire stations, ambulance service
Childcare
Daycare centres, home child care services, early
childhood education services
Club and lodge
Service club, private club, lodge (non-
residential)
Cultural and Civic
Art galleries, municipal offices, libraries,
museums, interpretive centres, studios
Educational
Schools, colleges
Place of Worship
Churches and similar places of worship, church
halls
Cemetery
Cemeteries
General Assembly
Community halls, lodge halls, dance halls,
exhibition halls, gymnasia, auditoria
Indoor Assembly
Recreation centres, arenas, ice rinks, indoor
swimming pools, armouries, fitness clubs,
bowling alleys
Outdoor Assembly
Bleachers, grandstands, outdoor ice rinks,
outdoor swimming pools, amusement parks,
fairgrounds, exhibition grounds, drive-in
theatres
Residential Care
Seniors housing, personal care homes, nursing
homes, group homes
Town of South River
Development Regulations 2017-2027
SCHEDULE B CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 4
GROUP
CLASS
EXAMPLES
NATURAL
RESOURCE USES
Crop Agriculture
Vegetable and hay farms, hobby farms, market
gardens, community gardens, nurseries,
greenhouses
Livestock Agriculture
Livestock barn, dairy farm, grazing land
Forestry
Forest harvesting, silviculture, forest access
roads
Mineral Working
Pits, quarries, washing plants, screening plants,
crushers
Mineral Exploration
Mineral exploration and associated activities
(e.g. access roads, rock drilling)
Mining
Mineral extraction, ore stockpiles, mineral
processing plants
GROUP
CLASS
EXAMPLES
INDUSTRIAL USES
Hazardous Industry
Bulk storage of hazardous liquids and
substances, chemical plants, distilleries
feed mills, spray painting shops
Fisheries Facility
Wharves, stages, slipways, fishplants,
aquaculture facilities, ice-making facilities
Marine Facility
Wharves, loading docks, shipyards, slipways,
refuelling services, marine repair services
General Industry
Factories, cold storage plants, bulk storage
facility, freight depots, planing mills,
construction yards
Service Station
Gasoline service stations, gas bars
Light Industry
Workshops, light industry, indoor storage
centres, warehouses, greenhouses, recycling
depots, workshops, general garages
Salvage Yard
Car wrecking yards, junk yards, salvage
yards, scrap dealers
Town of South River
Development Regulations 2017-2027
SCHEDULE B CLASSIFICATION OF USES OF LAND AND BUILDINGS
_____________________________________________________________________
Schedule B - Page 5
GROUP
CLASS
EXAMPLES
CONSERVATION
AND
OPEN SPACE USES
Conservation
Buffer strips, watersheds, protected sensitive
areas (e.g. steep slopes, wetlands, wildlife
habitat)
Open Space
Parks, trails, boardwalks, protected green areas,
picnic areas
Recreational Open
Space
Sports fields, running tracks, playgrounds,
outdoor skating rinks, golf courses, dog parks
GROUP
CLASS
EXAMPLES
TRANSPORTATION
AND
UTILITY USES
Transportation
Roads, bridges, marine structures, air fields
Marina
Marinas, docks, moorings, slips, boat refuelling
and repair services
Marine Facility
Wharves, loading docks, shipyards, slipways,
refuelling services, marine repair services
Communications
Communications towers, telephone exchanges,
transmitting and receiving masts and antenna
Dock and Slipway
Recreational docks, slipways, and stages
Energy Generation
Facility
Wind generators, solar generators, small hydro
generators, heating plants
Water Utility
Water intakes, treatment facilities, pipelines
Town of South River
Development Regulations 2017--27
Schedule C - Use Zone Tables
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 conditions affecting some or all of the use classes.
Before issuing an approval in principle or a permit for a development, Council shall review the
application to ensure that it is in compliance with:
- Application
- Part I - General Regulations
- Part II - General Development Standards
- Part III - Subdivision of Land
- Part IV - Use Zones
- Schedule A - Definitions
- Schedule B - Classification of Uses of Land and Buildings
- Schedule C - Use Zone Schedules
- Schedule D - Off-Street Parking Requirements
- Schedule E - Provincial Development Regulations
.
Schedule C contains tables for the following Use Zones:
ZONE
SYMBOL
PAGE
Environmental Protection
EP
1
Coastal Protection
CP
2
Residential
RES
4
Mixed Development
MD
9
Commercial
COM
16
Industrial
IND
19
Open Space
OS
21
Mineral Working
ROS
23
Rural
RU
27
Town of South River
Development Regulations 2017-2027
SCHEDULE C ENVIRONMENTAL PROTECTION (EP) ZONE
_____________________________________________________________________
Schedule C - Page 1
ZONE TITLE
ENVIRONMENTAL PROTECTION
"EP"
PERMITTED USE CLASSES
(See Regulation 95)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 96)
Conservation
Open space
Transportation
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use Classes
and not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion will be subject to terms and conditions
to ensure it will not detract from the environmental protection purpose of this zone.
2.
Buildings
No buildings will be permitted in the EP zone except for a building associated with a public
work or utility, for example, a sewage treatment facility, sewer outfall, bridge or culvert.
3.
Environmental Control
(1)
All approved developments and utilities must be designed and constructed in
accordance with high environmental standards as specified in terms and conditions
established by Council.
(2)
Where it deems necessary, Council may require a proposed discretionary use to
undergo an appropriate assessment to ensure that the development will be undertaken
in a way that minimizes potential environmental effects.
Town of South River
Development Regulations 2017-2027
SCHEDULE C COASTAL PROTECTION (CP) ZONE
_____________________________________________________________________
Schedule C - Page 2
ZONE TITLE
COASTAL PROTECTION
"CP"
PERMITTED USE CLASSES
(See Regulation 95)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 96)
Conservation
Open space
Dock (See Condition 3)
Fisheries facility (See Condition 2)
Marina (See Condition 2)
Marine facility (See Condition 2)
Slipway (See Condition 3)
Transportation
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use Classes
and not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and conditions
to ensure it will not detract from the general quality and amenities of the area.
2.
Fisheries, Marine, and Marina Developments
At Council's discretion, a fisheries, marine, or marina facility may be permitted if it is for
commercial or public use and is deemed by Council to be coastal location essential,
environmentally acceptable, reasonably compatible with surrounding development, and not
contrary to the public interest. Approval of a proposed development will be subject to terms
and conditions set by Council.
3.
Docks and Slipways
At Council's discretion, a dock or slipway may be permitted if the proposed location, size,
and appearance are deemed by Council to be environmentally and aesthetically acceptable,
compatible with surrounding development, and not an impediment to public access along the
shoreline.
Approval to erect a dock or slipway will be subject to terms and conditions set by Council.
4.
Coastal Banks
No infilling or excavation will be permitted on any steep bank in the Coastal Protection zone
that exceeds a slope of 20 percent.
Town of South River
Development Regulations 2017-2027
SCHEDULE C COASTAL PROTECTION (CP) ZONE
_____________________________________________________________________
Schedule C - Page 3
5.
Residential and Rural Properties Located South of Salmon Cove Road
(1)
Residential and other types of properties located in the Residential and Rural zones
lying south of Salmon Cove Road will be permitted to front onto Salmon Cove Road.
However, any proposed building or structure on these properties must be set back a
sufficient distance from Salmon Cove Road so as to lie outside Coastal Protection
zone.
(2)
New streets and private driveways to provide access to development in the
Residential and Rural zones lying south of Salmon Cove Road will be permitted
within the Coastal Protection zone.
Town of South River
Development Regulations 2017-2027
SCHEDULE C RESIDENTIAL (RES) ZONE
_____________________________________________________________________
Schedule C - Page 4
ZONE TITLE
RESIDENTIAL
"RES"
PERMITTED USE CLASSES
(See Regulation 95)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 96)
Single dwelling (See Condition 3)
Subsidiary apartment (See Condition 8)
Accessory building (See Condition 9)
Conservation
Crop agriculture (See Condition 10)
Open space
Apartment building (See Condition 2)
Double dwelling (See Condition 2)
Townhouse dwelling (See Condition 2)
Home occupation (See Condition 5)
Boarding house (See Condition 2)
Residential care (See Condition 2 & 4)
Bed and breakfast (See Condition 2 & 6)
Childcare (See Condition 2 & 7)
Communications
Emergency service
Energy generation facility (See Condition 13)
Kennel (See Condition 12)
Livestock agriculture (See Condition 11)
Mineral exploration (See Condition 14)
Recreational open space
Transportation
DEVELOPMENT STANDARDS
Townhouse Dwelling
STANDARD
Single
Dwelling
Double Dwelling
(per unit)
End Unit
Interior
Unit
Fully Serviced Areas (municipal water plus municipal sewer)
Minimum lot area
650 m²
275 m²
260 m²
180 m²
Minimum lot width (frontage)
18.3 m
10.0 m
8.5 m
6.0 m
Semi Serviced Areas (one of municipal water or municipal sewer)
Minimum lot area
2000 m²
Not Permitted
Not Permitted
Minimum lot width (frontage)
18.3 m
Unserviced Areas (no municipal water or municipal sewer)
Minimum lot area
2000 m²
Not Permitted
Not Permitted
Minimum lot width (frontage)
18.3 m
All Areas
Minimum floor area (excl. basement)
65.0 m²
65.0 m²
65.0 m²
Minimum frontyard
8.0 m
7.5 m
7.5 m
Minimum sideyard (each side)
2.0 m
2.0 m
2.0 m
n/a
Minimum sideyard flanking street
6.0 m
6.0 m
6.0 m
n/a
Minimum rearyard
15.0 m
8.0 m
8.0 m
Minimum distance between buildings
6.0 m
6.0 m
6.0 m
Town of South River
Development Regulations 2017-2027
SCHEDULE C RESIDENTIAL (RES) ZONE
_____________________________________________________________________
Schedule C - Page 5
DEVELOPMENT STANDARDS (continued)
Fully Serviced Areas Only (municipal water plus municipal sewer)
STANDARD
Apartment Building (per unit)
1 Bedroom
2 Bedroom
3 Bedroom
Minimum lot area
150 m²
170 m²
180 m²
Minimum lot width (frontage)
6.0 m per groundfloor unit
Minimum floor area (excl. basement)
40.0 m²
50.0 m²
60.0 m²
Minimum frontyard
8.0 m
Minimum sideyard
4.0 m + 1.6 m
Minimum sideyard flanking street
6.0 m
Minimum rearyard
8.0 m
Minimum distance between buildings
3.0 m
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use Classes
and not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and conditions
to ensure it will not detract from the residential quality and amenities of the area.
2.
Developments that Require Municipal Water and Sewer Services
The following uses will not be permitted in any area where the development cannot be
connected to both municipal water and sewer services.
Apartment building
Residential care
Childcare
Double dwelling
Boarding house
Townhouse dwelling
Bed and breakfast
3.
Onsite Services
(1)
An application for a single dwelling in an area without municipal water will be
approved only if it has on the same lot a private well that is adequate to service the
needs of the development.
(2)
An application for a single dwelling in an area without municipal sewer will be
approved only if it has on the same lot a private sewage treatment system that has
received the necessary Provincial approvals.
Town of South River
Development Regulations 2017-2027
SCHEDULE C RESIDENTIAL (RES) ZONE
_____________________________________________________________________
Schedule C - Page 6
(3)
Council will not approve a new lot, dwelling, or other building where it is proposed
to share onsite water or sewage services between developments on separate lots.
4.
Residential Care Homes
Where a residential care home is permitted in the RES zone, it will be subject to the
following:
(a)
It will meet the development standards established for a single dwelling or such
higher standards as Council may require,
(b)
It will be designed and maintained to a high standard with regard to safety,
appearance, mobility for disabled persons, and compatibility with surrounding land
uses,
(c)
It will provide for adequate off-street parking so as to not result in traffic or parking
problems,
(d)
It will meet such other conditions that are deemed necessary by Council, and
(e)
No change in the type or scale of the use will be permitted except in accordance with
a new development permit and conditions set by Council.
5.
Home Occupations
See Regulation 37, Part II - General Development Standards.
6.
Bed and Breakfast
See Regulation 38, Part II - General Development Standards.
7.
Childcare
See Regulation 39, Part II - General Development Standards.
8.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling. A subsidiary
apartment will not be permitted in a double dwelling or townhouse.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
Town of South River
Development Regulations 2017-2027
SCHEDULE C RESIDENTIAL (RES) ZONE
_____________________________________________________________________
Schedule C - Page 7
9.
Accessory Buildings on Residential Lots
In addition to the requirements for accessory buildings set out in Regulation 36 of the
General Development Standards, an accessory building on a residential lot will be subject to
the following standards and conditions:
(1)
The maximum floor area of an accessory building will be in accordance with the
following table.
Maximum Size of Accessory Buildings
Lot Size
Maximum Floor Area
Up to 500 m²
50 m²
501-1000 m²
65 m²
1001-2000 m²
95 m²
Over 2000 m²
125 m²
(2)
No accessory building, or part thereof, will be erected closer to the street than the
front building line of the dwelling unless otherwise authorized by Council in
accordance with Regulation 36.
(3)
(a) No accessory building shall be more than 4.0 metres and one storey in height
except where permitted at Council's discretion in accordance with Paragraph
(3)(b) below."
(b) Notwithstanding Paragraph (3)(a), at its discretion, Council may permit an
accessory building to have a height up to 6.0 metres and one storey, provided
that it is satisfied that the increased height will not adversely affect the view,
character or other amenities of nearby properties and provided the minimum side
and rear lot line is no less than 3.0 metres.
In considering an application for an accessory building higher than 4.0 metres,
Council will give notice of the application to nearby property owners who might
be affected, and duly consider their comments or objections."
(4)
No accessory building will be closer than 1.6 metres from a side or rear lot line.
(5)
No accessory building will be closer than 3.0 metres from another building.
(6)
Except for minor vehicle maintenance, no accessory building will be used for the
repairing, painting, dismantling, or scrapping of vehicles or machinery.
(7)
No self-contained apartment or other self-contained living unit will be permitted in
an accessory building.
Town of South River
Development Regulations 2017-2027
SCHEDULE C RESIDENTIAL (RES) ZONE
_____________________________________________________________________
Schedule C - Page 8
10.
Crop Agriculture
Crop agriculture may include hobby and small-scale commercial farming that is accessory to
a residential use.
11.
Livestock Agriculture
(1)
At its discretion, Council may permit the keeping of hens, ducks, or geese for
personal use, after giving public notice and considering comments received,
particularly from neighbours.
(2)
The keeping of hens, ducks, or geese, if permitted as a Discretionary Use, will be
subject to the following:
(a) No more than 12 hens, ducks, geese, or any combination thereof, will be
permitted on a single residential lot.
(b)
Such other terms and conditions deemed necessary by Council to minimize
potential impacts on neighbouring land uses.
12.
Kennels
At Council's discretion a kennel may be permitted as a home occupation but not as a stand-
alone use. If approved, it will be subject to Regulation 37 and such other terms and
conditions deemed necessary to restrict the number and breeds of dogs, cats, or other animals
on the premises and to minimize potential noise, odour, and other impacts on neighbouring
land uses.
13.
Energy Generation Facilities
An energy generation facility, if permitted at Council's discretion, will be subject to
Regulation 55 of the General Development Standards.
14.
Mineral Exploration
A mineral exploration use, if permitted by Council, will be subject to Regulation 62 of the
General Development Standards.
Town of South River
Development Regulations 2017-2027
SCHEDULE C MIXED DEVELOPMENT (MD) ZONE
_____________________________________________________________________
Schedule C - Page 9
ZONE TITLE
MIXED DEVELOPMENT
"MD"
PERMITTED USE CLASSES
(See Regulation 95)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 96)
Single dwelling (See Condition 3)
Double dwelling (See Condition 2)
Residential care (See Condition 2 & 4)
Subsidiary apartment (See Condition 8)
Accessory building (See Condition 9)
Childcare (See Condition 2 & 7)
Conservation
Crop agriculture (See Condition 10)
Cultural and civic (See Condition 2)
Educational (See Condition 2)
Emergency service
Indoor market
Medical service (See Condition 2)
Office
Open space
Public building
Personal service
Shop
Apartment building (See Condition 2)
Townhouse dwelling (See Condition 2)
Boarding house (See Condition 2)
Home occupation (See Condition 5)
Bed and breakfast (See Condition 2 & 6)
Campground (See Condition 2 & 14)
Catering (See Condition 2)
Cemetery (See Condition 13)
Club and lodge (See Condition 2)
Commercial accommodation (See Condition 2)
Commercial outdoor recreation
Communications
Drinking establishment (See Condition 2)
Energy generation facility (See Condition 11)
Entertainment (See Condition 2)
Funeral home (See Condition 2)
Garden centre
General assembly (See Condition 2)
General service
Indoor assembly (See Condition 2)
Kennel (See Condition 16)
Light industry
Mineral exploration (see Condition 17)
Outdoor assembly
Outdoor market
Place of worship (See Condition 2)
Recreational open space
Service station (See Condition 15)
Shopping centre (See Condition 2)
Take-out food service (See Condition 2)
Tourist cottage establishment (See Condition 2 & 14)
Transportation
Veterinary (See Condition 2)
Town of South River
Development Regulations 2017-2027
SCHEDULE C MIXED DEVELOPMENT (MD) ZONE
_____________________________________________________________________
Schedule C - Page 10
DEVELOPMENT STANDARDS
STANDARD
Single
Dwelling
Double Dwelling
(per unit)
Townhouse Dwelling
End Unit
Interior
Unit
Fully Serviced Areas (municipal water plus municipal sewer)
Minimum lot area
650 m²
275 m²
260 m²
180 m²
Minimum lot width (frontage)
18.3 m
10.0 m
8.5 m
6.0 m
Semi Serviced Areas (one of municipal water or municipal sewer)
Minimum lot area
2000 m²
Not Permitted
Not Permitted
Minimum lot width (frontage)
18.3 m
Unserviced Areas (onsite water and sewer services only)
Minimum lot area
2000 m²
Not Permitted
Not Permitted
Minimum lot width (frontage)
18.3 m
All Areas
Minimum floor area (excl. basement)
65.0 m²
65.0 m²
65.0 m²
Minimum frontyard
8.0 m
8.0 m
8.0 m
Minimum sideyard (each side)
2.0 m
2.0 m
2.0 m
n/a
Minimum sideyard flanking street
6.0 m
6.0 m
6.0 m
n/a
Minimum rearyard
15.0 m
8.0 m
8.0 m
Minimum distance between buildings
6.0 m
6.0 m
6.0 m
Apartment Building (per unit)
Fully Serviced Areas Only (municipal water plus municipal sewer)
STANDARD
1 Bedroom
2 Bedroom
3 Bedroom
Minimum lot area
150 m²
170 m²
180 m²
Minimum lot width (frontage)
6.0 m per groundfloor unit
Minimum floor area (excl. basement)
40.0 m²
50.0 m²
60.0 m²
Minimum frontyard
8.0 m
Minimum sideyard
4.0 m + 1.6 m
Minimum sideyard flanking street
6.0 m
Minimum rearyard
8.0 m
Minimum distance between buildings
3.0 m
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use Classes
and is not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and conditions
to ensure it will not detract from the general quality and amenities of the area.
Town of South River
Development Regulations 2017-2027
SCHEDULE C MIXED DEVELOPMENT (MD) ZONE
_____________________________________________________________________
Schedule C - Page 11
2.
Developments that Require Municipal Water and Sewer Services
The following uses will only be permitted in locations where they can be connected to both
municipal water and municipal sewer services.
Apartment building
Double dwelling
Townhouse
Boarding house
Residential care
Bed and breakfast
Campground
Catering
Childcare
Club and lodge
Cultural and civic
Educational
Entertainment
Funeral home
General assembly
Indoor assembly
Medical service
Place of worship
Commercial accommodation
Drinking establishment
Take-out food service
Tourist cottage establishment
3.
Onsite Services
(1)
An application for a single dwelling in an area without municipal water will be
approved only if it has on the same lot a private well that is adequate to service the
needs of the development.
(2)
An application for a single dwelling in an area without municipal sewer will be
approved only if it has on the same lot a private sewage treatment system that has
received the necessary Provincial approvals.
(3)
Council will not approve a new lot, dwelling, or other building where it is proposed
to share onsite water or sewage services between developments on separate lots.
4.
Residential Care Homes and Non-Residential Developments
Where a residential care home, commercial or light industrial use, or other non-residential
development is permitted in the Mixed Development zone, it will be subject to the following:
(a)
It will meet the development standards established for a single dwelling or such
higher standards as Council may require.
(b)
It will be designed and maintained to a high standard with respect to safety,
appearance, mobility for disabled persons, and compatibility with surrounding land
uses.
(c)
It will provide for adequate off-street parking in accordance with the Town's parking
standards (See Schedule D) so as to not result in traffic or parking problems.
(d)
It will meet such other conditions that are deemed necessary by Council.
Town of South River
Development Regulations 2017-2027
SCHEDULE C MIXED DEVELOPMENT (MD) ZONE
_____________________________________________________________________
Schedule C - Page 12
(e)
No change in the type or scale of the use will be permitted except in accordance with
a new development permit and conditions set by Council.
5.
Home Occupations
See Regulation 37, Part II - General Development Standards
6.
Bed and Breakfast
See Regulation 38, Part II - General Development Standards
7.
Childcare
See Regulation 39, Part II - General Development Standards
8.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a single dwelling or a
commercial building. A subsidiary apartment will not be permitted in a double
dwelling or townhouse.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
9.
Accessory Buildings on Residential Lots
In addition to the requirements for accessory buildings set out in Regulation 36 of the
General Development Standards, an accessory building on a residential lot will be subject to
the following standards and conditions:
(1)
The maximum floor area of an accessory building will be in accordance with the
following table.
Maximum Size of Accessory Buildings
Lot Size
Maximum Floor Area
Up to 500 m²
50 m²
501-1000 m²
65 m²
1001-2000 m²
95 m²
Over 2000 m²
125 m²
Town of South River
Development Regulations 2017-2027
SCHEDULE C MIXED DEVELOPMENT (MD) ZONE
_____________________________________________________________________
Schedule C - Page 13
(2)
No accessory building, or part thereof, will be erected closer to the street than the
front building line of the dwelling unless otherwise authorized by Council in
accordance with Regulation 36.
(3)
(a) No accessory building shall be more than 4.0 metres and one storey in height
except where permitted at Council's discretion in accordance with Paragraph (h)
below."
(b) Notwithstanding Paragraph (3)(a), at its discretion, Council may permit an
accessory building to have a height up to 6.0 metres and one storey, provided
that it is satisfied that the increased height will not adversely affect the view,
character or other amenities of nearby properties and provided the minimum side
and rear lot line is no less than 3.0 metres.
In considering an application for an accessory building higher than 4.0 metres,
Council will give notice of the application to nearby property owners who might
be affected, and duly consider their comments or objections."
(4)
No accessory building will be closer than 1.6 metres from a side or rear lot line.
(5)
No accessory building will be closer than 3.0 metres from another building.
(6)
Except for minor vehicle maintenance, no accessory building will be used for the
repairing, painting, dismantling, or scrapping of vehicles or machinery.
(7)
No self-contained apartment or other self-contained living unit will be permitted in
an accessory building.
10.
Crop Agriculture
Crop agriculture may include hobby and small-scale commercial farming that is accessory to
a main use.
11.
Energy Generation Facilities
An energy generation facility, if permitted at Council's discretion, will be subject to
Regulation 55 of the General Development Standards.
12.
Hazardous and Noxious Uses
At its discretion, Council may restrict the development or location of any use or activity that
might release or emit a hazardous, noxious, or polluting substance that would affect
neighbouring properties.
Town of South River
Development Regulations 2017-2027
SCHEDULE C MIXED DEVELOPMENT (MD) ZONE
_____________________________________________________________________
Schedule C - Page 14
13.
Cemetery
An application to develop or expand a cemetery must be accompanied by a site design plan
for Council's consideration. The site plan will illustrate the location of the cemetery, access
points, landscaping, and buffers with adjacent properties.
14.
Tourist Cottages and Campgrounds
(1)
A proposal for a tourist cottage establishment or campground will require a
development plan satisfactory to Council, containing the following information:
(a)
Location and size of operation, including campsites and/or cottage units
(b)
Internal roads and accesses
(c)
Parking areas
(d)
Accessory uses such as laundry and storage facilities, washrooms, showers,
convenience store, caretaker residence, and outdoor and indoor recreation
facilities
(e)
Water supply and wastewater disposal
(f)
Landscaping
(g)
Buffers and screening between the site and other land uses
(h)
Delineation of the property on a legal survey
(i)
Where deemed necessary by Council, a phasing plan for development.
(2)
All campsites, cottages, and on-site facilities that form part of the development will
be accessible only via the internal road network of the development.
(3)
Council may require the development to include suitable buffers and screening where
the development that abuts an existing or future public street or residential area.
(4)
The development permit will specify the maximum number of cottage units and/or
campsites that will be permitted on the site.
(5)
No expansion or alteration, other than repairs and maintenance, will take place
without the approval of Council.
(6)
The operation will comply with all bylaws and regulations of Council pertaining to
noise and unruly behaviour.
Town of South River
Development Regulations 2017-2027
SCHEDULE C MIXED DEVELOPMENT (MD) ZONE
_____________________________________________________________________
Schedule C - Page 15
(7)
If deemed necessary by Council, a deposit to cover the cost of buffers and screening
shall be deposited with Council until the work is completed according to the
approved plan.
15.
Service Station
See Regulation 61, Part II - General Development Standards.
16.
Kennels
A kennel, if approved by Council, may be subject to such terms and conditions deemed
necessary to restrict the number and breeds of dogs, cats, or other animals on the premises
and to minimize potential noise, odour, and other impacts on neighbouring land uses.
17.
Mineral Exploration
A mineral exploration use, if permitted by Council, will be subject to Regulation 62 of the
General Development Standards.
Town of South River
Development Regulations 2017-2027
SCHEDULE C COMMERCIAL (COM) ZONE
_____________________________________________________________________
Schedule C - Page 16
ZONE TITLE
COMMERCIAL
"COM"
PERMITTED USE CLASSES
(See Regulation 95)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 96)
Catering
Child care (See Condition 5)
Communications
Conservation
Cultural and civic
Educational
Emergency service
General assembly
General service
Indoor assembly
Indoor market
Medical service
Office
Open space
Outdoor market
Personal service
Public buildings
Residential care
Shop
Take-out food service
Transportation
Veterinary
Apartment building
Subsidiary apartment (See Condition 4)
Campground (See Condition 8)
Club and lodge
Commercial accommodation
Commercial outdoor recreation
Drinking establishment
Energy generation facility (See Condition 6)
Entertainment
Funeral home
Garden centre
Kennel (See Condition 7)
Light industry
Outdoor assembly
Place of worship
Recreational open space
Service station
Shopping centre
Tourist cottage establishment (See Condition 8)
Vehicle sales and services
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use Classes
and is not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and conditions
to ensure it will not detract from the general quality and amenities of the area.
2.
Municipal Services
No main use (other than a non-building use) will be permitted in the Commercial zone that
cannot be connected to municipal water and sewer services.
3.
Development Standards
Where a commercial use, other non-residential use, or a residential care facility is permitted
in the Commercial zone, it will be subject to the following:
Town of South River
Development Regulations 2017-2027
SCHEDULE C COMMERCIAL (COM) ZONE
_____________________________________________________________________
Schedule C - Page 17
(a)
It will meet the minimum development standards established for a single dwelling or
such higher standards as Council may require.
(b)
It will be designed and maintained to a high standard with regard to safety,
appearance, and compatibility with surrounding land uses.
(c)
It will provide for adequate off-street parking so as to not result in traffic or parking
problems.
(d)
It will meet such other conditions that are deemed necessary by Council.
(e)
No change in the type or scale of the use will be permitted except in accordance with
a new development permit and conditions set by Council.
4.
Subsidiary Apartments
(1)
One subsidiary apartment only may be permitted in a commercial building.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
The apartment will be completely self-contained, with facilities for cooking,
sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for each
additional bedroom.
5.
Childcare
See Regulation 39, Part II - General Development Standards
6.
Energy Generation Facilities
An energy generation facility, if permitted at Council's discretion, will be subject to
Regulation 55 of the General Development Standards.
7.
Kennels
A kennel, if approved by Council, may be subject to such terms and conditions deemed
necessary to restrict the number and breeds of dogs, cats, or other animals on the premises
and to minimize potential noise, odour, and other impacts on neighbouring land uses.
8.
Tourist Cottages and Campgrounds
(1)
A proposal for a tourist cottage establishment or campground will require a
development plan satisfactory to Council, containing the following information:
(a)
Location and size of operation, including campsites and/or cottage units
Town of South River
Development Regulations 2017-2027
SCHEDULE C COMMERCIAL (COM) ZONE
_____________________________________________________________________
Schedule C - Page 18
(b)
Internal roads and accesses
(c)
Parking areas
(d)
Accessory uses such as laundry and storage facilities, washrooms, showers,
convenience store, caretaker residence, and outdoor and indoor recreation
facilities
(e)
Water supply and wastewater disposal
(f)
Landscaping
(g)
Buffers and screening between the site and other land uses
(h)
Delineation of the property on a legal survey
(i)
Where deemed necessary by Council, a phasing plan for development.
(2)
All campsites, cottages, and on-site facilities that form part of the development will
be accessible only via the internal road network of the development.
(3)
Council may require the development to include suitable buffers and screening where
the development that abuts an existing or future public street or residential area.
(4)
The development permit will specify the maximum number of cottage units and/or
campsites that will be permitted on the site.
(5)
No expansion or alteration, other than repairs and maintenance, will take place
without the approval of Council.
(6)
The operation will comply with all bylaws and regulations of Council pertaining to
noise and unruly behaviour.
(7)
If deemed necessary by Council, a deposit to cover the cost of buffers and screening
shall be deposited with Council until the work is completed according to the
approved plan.
Town of South River
Development Regulations 2017-2027
SCHEDULE C INDUSTRIAL (IND) ZONE
_____________________________________________________________________
Schedule C - Page 19
ZONE TITLE
INDUSTRIAL
"IND"
PERMITTED USE CLASSES
(See Regulation 95)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 96)
Conservation
Communications
Emergency service
Energy generation facility (See Condition 2)
General service
Light industry
Office
Open space
Service station (See Condition 5)
Subsidiary apartment
General industry
Hazardous industry (See Condition 3 & 4)
Mineral exploration (See Condition 6)
Transportation
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use Classes
and not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and conditions
to ensure it will not detract from the general industrial intent of the zone.
2.
Energy Generation Facilities
An energy generation facility, if permitted at Council's discretion, will be subject to
Regulation 55 of the General Development Standards.
3.
Dangerous, Hazardous, and Noxious Uses
In accordance with Regulation 51, Council may restrict the development or location of any
use or activity that it deems might be dangerous or might release or emit a hazardous,
noxious, or polluting substance that would affect neighbouring properties.
4.
Flammable Liquids Storage
All buildings, tanks, and structures related to the bulk storage of flammable liquids will
conform to the requirements of the Provincial Fire Commissioner and shall be surrounded by
such buffers and landscaping as Council may require to reduce risks to adjacent uses due to
fire, explosion, or spillage of flammable liquid.
5.
Service Station
See Regulation 61, Part II - General Development Standards.
Town of South River
Development Regulations 2017-2027
SCHEDULE C INDUSTRIAL (IND) ZONE
_____________________________________________________________________
Schedule C - Page 20
6.
Mineral Exploration
A mineral exploration use, if permitted by Council, will be subject to Regulation 62 of the
General Development Standards.
Town of South River
Development Regulations 2017-2027
SCHEDULE C OPEN SPACE (OS) ZONE
_____________________________________________________________________
Schedule C - Page 21
ONE TITLE
OPEN SPACE
"OS"
PERMITTED USE CLASSES
(See Regulation 95)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 96)
Conservation
Open space
Cemetery (See Condition 4)
Crop agriculture (See Condition 3)
Energy generation facility (See Condition 6)
Mineral exploration (See Condition 7)
Outdoor market (See Condition 5)
Recreational open space
Take-out food service (See Condition 5)
Transportation
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use Classes
and is not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and conditions
to ensure it will not detract from the general quality and amenities of the area.
2.
Development Criteria
All development must meet the development standards prescribed by Council.
3.
Crop Agriculture
Crop agriculture may be permitted in the form of community gardens.
4.
Cemetery
An application to develop or expand a cemetery must be accompanied by a site design plan
for Council's consideration. The site plan will illustrate the location of the cemetery, access
points, landscaping, and buffers with adjacent properties.
5.
Outdoor Markets and Take-Out Food Services
Outdoor markets and take-out food service may be permitted only on a temporary basis, for
example, during community events.
6.
Energy Generation Facilities
An energy generation facility, if permitted by Council, will be subject to Regulation 55 of
the General Development Standards.
Town of South River
Development Regulations 2017-2027
SCHEDULE C OPEN SPACE (OS) ZONE
_____________________________________________________________________
Schedule C - Page 22
7.
Mineral Exploration
A mineral exploration use, if permitted by Council, will be subject to Regulation 62 of the
General Development Standards.
Town of South River
Development Regulations 2017-2027
SCHEDULE C MINERAL WORKING (MW) ZONE
_____________________________________________________________________
Schedule C - Page 23
ZONE TITLE
MINERAL WORKING
"MW"
PERMITTED USE CLASSES
(See Regulation 95)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 96)
Communications
Conservation
Energy generation facility (See Condition 5)
Mineral exploration (See Condition 7)
Open space
General industrial (See Condition 4)
Light industrial (See Condition 4)
Mineral working (See Condition 2)
Transportation
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use Classes
and is not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and conditions
to ensure it will not detract from the general quality and amenities of the area.
2.
Mineral Working Uses
2.1
Mineral Working Sites
At its discretion, Council may permit a mineral working use subject to the following, unless
otherwise authorized by Council:
(a)
No new mineral working use will be developed without a development permit issued
by Council. The development, operation, termination, and rehabilitation of the
mineral working site will be carried out only in accordance with terms and conditions
specified in the development permit. The development permit will be revoked if the
operator does not comply with the terms and conditions of the development permit.
(b)
An application to Council for the development of a gravel pit or rock quarry will
include a site development plan with the following information:
(i)
the site's biophysical features
(ii)
a delineation of the proposed extraction area
(iii)
the type and location of aggregate processing equipment
(iv)
a site rehabilitation plan (see Paragraph 2.3)
Town of South River
Development Regulations 2017-2027
SCHEDULE C MINERAL WORKING (MW) ZONE
_____________________________________________________________________
Schedule C - Page 24
(c)
No new extraction of any sort will take place closer than:
(i)
50 metres from a watercourse or wetland,
(ii)
50 metres from a public street or highway,
(iii)
100 metres from a residential building,
(d)
All topsoil and organic material will be securely stockpiled for future rehabilitation
of the site. The operator will ensure that the topsoil is not mixed with aggregate
materials.
(e)
An undisturbed buffer strip will be maintained at least 30 metres wide between the
final perimeter of a pit or quarry and the boundary of the lot on which it is located.
Council may permit this buffer width to be reduced by up to 50 percent with the
written consent of the adjacent property owner,
(f)
Where a proposed mineral working site is located in the vicinity of a public street or
highway, or an existing or proposed residential, commercial, or recreational area,
Council may require the owner to provide for natural or artificial screening to
obstruct visibility of the site.
(g)
Council may require the mineral working site or excavated area to be fully or
partially enclosed by a fence designed and constructed to Council's specifications.
(h)
No mineral working shall create excessive drainage or erosion onto adjacent
properties or into nearby watercourses.
(i)
No mineral working shall cause the accumulation or ponding of water in any part of
the site. Settling ponds will be permitted only with approval from the Department of
Municipal Affairs and Environment.
(j)
The mineral working site shall be kept clean of refuse, abandoned vehicles,
abandoned equipment and derelict buildings.
(k)
During seasonal or extended shutdowns, the slope of any sand or gravel embankment
shall not have a gradient steeper than 60 percent for the full depth thereof, and
(l)
Other such conditions that Council deems as necessary.
2.2
Mineral Working Processing Plants
(1)
Council may permit a mineral working processing plant (e.g. washing and screening
plant, crusher) provided that the use will not significantly affect surrounding land
uses by reason of noise, vibration, fumes, dust, odour, water drainage, unsightly
storage of materials, or general appearance.
Town of South River
Development Regulations 2017-2027
SCHEDULE C MINERAL WORKING (MW) ZONE
_____________________________________________________________________
Schedule C - Page 25
(2)
Council may specify a minimum separation distance between a processing plant and
an existing residential, commercial, public, or recreational area.
2.3
Site Rehabilitation
(1)
A development application for a new mineral working site will not be approved
unless it includes a plan for site rehabilitation acceptable to Council.
(2)
Council may require the extraction site to be rehabilitated at progressive stages of
excavation or after the mineral working operation has terminated.
(3)
Upon full completion of the mineral working, the following work shall be carried
out by the operation:
(a)
All machinery and equipment shall be removed,
(b)
All pit and quarry slopes shall be graded to a slope of less than 60 percent,
(c)
The entire excavated area will be rehabilitated in accordance with the
rehabilitation plan.
(d)
If required, the access road to the site shall be closed or decommissioned in
accordance with Council's wishes.
4.
General and Light Industrial Uses
At its discretion, Council may permit a general or light industrial use that is clearly accessory
to an existing mineral working use, or that meets the following criteria:
(a)
The use is unsuitable for a built-up area by reason of appearance, noise, vibration,
smell, fumes, smoke, grit, soot, ash, dust, or glare.
(b)
The use requires large outdoor areas for open storage and handling of materials,
goods, and equipment.
(c)
The use is capable of being serviced by on-site water and sewage services.
(d)
The use can be screened from public streets and lands designated for urban uses.
(e)
The use will have no deleterious effects on the environment.
(f)
The use does not include warehousing, wholesale, or retail activities.
(g)
The use will be subject to such other terms and conditions as deemed appropriate by
Council.
Town of South River
Development Regulations 2017-2027
SCHEDULE C MINERAL WORKING (MW) ZONE
_____________________________________________________________________
Schedule C - Page 26
5.
Energy Generation Facilities
An energy generation facility, if permitted by Council, will be subject to Regulation 55 of
the General Development Standards.
6.
Hazardous and Noxious Uses
Council may restrict the development or location of any use or activity that might release or
emit a hazardous or noxious substance that would affect neighbouring properties or the
general surrounding area.
7.
Mineral Exploration
A mineral exploration use will be subject to Regulation 62 of the General Development
Standards.
8.
Exemption from Street Frontage Requirement
At Council's discretion, a mineral working or accessory industrial use in this zone may be
exempted from Regulation 49 of Part II of these Regulations only if the proposed
agricultural, mineral working, or industrial use is in accordance with all conditions outlined
in these Regulations as well as any other conditions that may be set by Council.
Town of South River
Development Regulations 2017-2027
SCHEDULE C RURAL (RU) ZONE
_____________________________________________________________________
Schedule C - Page 27
ZONE TITLE
RURAL
"RU"
PERMITTED USE CLASSES
(See Regulation 95)
DISCRETIONARY USE CLASSES
(See Regulations 30 and 96)
Conservation
Crop agriculture
Energy generation facility (See Condition 6)
Forestry
Mineral exploration (See Condition 7)
Open space
Campground (See Condition 8)
Cemetery (See Condition 9)
Commercial outdoor recreation
Communications
General industrial (See Condition 3)
Light industrial (See Condition 3)
Livestock agriculture (See Condition 11)
Mineral working (See Condition 2)
Outdoor market (See Condition 5)
Recreational open space
Shop (See Condition 5)
Transportation
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at Council's discretion
provided the development will be compatible with the uses within the Permitted Use Classes
and is not contrary to the general intent of the Municipal Plan and Development Regulations.
Development that is permitted at Council's discretion may be subject to terms and conditions
to ensure it will not detract from the general quality and amenities of the area.
2.
Mineral Working Uses
2.1
Mineral Working Sites
At its discretion, Council may permit a mineral working use subject to the following, unless
otherwise authorized by Council:
(a)
No new mineral working use will be developed without a development permit issued
by Council. The development, operation, termination, and rehabilitation of the
mineral working site will be carried out only in accordance with terms and conditions
specified in the development permit. The development permit will be revoked if the
operator does not comply with the terms and conditions of the development permit.
Town of South River
Development Regulations 2017-2027
SCHEDULE C RURAL (RU) ZONE
_____________________________________________________________________
Schedule C - Page 28
(b)
An application to Council for the development of a gravel pit or rock quarry will
include a site development plan with the following information:
(i)
the site's biophysical features
(ii)
a delineation of the proposed extraction area
(iii)
the type and location of aggregate processing equipment
(iv)
a site rehabilitation plan (see Paragraph 2.4)
(c)
No extraction of any sort will take place closer than:
(i)
50 metres from a watercourse or wetland,
(ii)
50 metres from a public street or highway,
(iii)
200 metres of a residential, commercial, or public building,
(d)
No quarrying of hard rock will take place within 800 metres of a residential,
commercial, or public building.
(e)
All topsoil and organic material will be securely stockpiled for future rehabilitation
of the site. The operator will ensure that the topsoil is not mixed with aggregate
materials.
(f)
An undisturbed buffer strip will be maintained at least 30 metres wide between the
final perimeter of a pit or quarry and the boundary of the lot on which it is located.
Council may permit this buffer width to be reduced by up to 50 percent with the
written consent of the adjacent property owner,
(g)
Where a proposed mineral working site is located in the vicinity of a public street or
highway, or an existing or proposed residential, commercial, or recreational area,
Council may require the owner to provide for natural or artificial screening to
obstruct visibility of the site.
(h)
Council may require the mineral working site or excavated area to be fully or
partially enclosed by a fence designed and constructed to Council's specifications.
(i)
No mineral working shall create excessive drainage or erosion onto adjacent
properties or into nearby watercourses.
(j)
No mineral working shall cause the accumulation or ponding of water in any part of
the site. Settling ponds will be permitted only with approval from the Department of
Municipal Affairs and Environment.
(k)
The mineral working site shall be kept clean of refuse, abandoned vehicles,
abandoned equipment and derelict buildings.
Town of South River
Development Regulations 2017-2027
SCHEDULE C RURAL (RU) ZONE
_____________________________________________________________________
Schedule C - Page 29
(l)
During seasonal or extended shutdowns, the slope of any sand or gravel embankment
shall not have a gradient steeper than 60 percent for the full depth thereof, and
(o)
Other such conditions that Council deems as necessary.
2.2
Mineral Working Processing Plant
(1)
Council may permit a mineral working processing plant (e.g. washing and screening
plant, crusher) provided that the use will not significantly affect surrounding land
uses by reason of noise, vibration, fumes, dust, odour, water drainage, unsightly
storage of materials, or general appearance.
(2)
Council may specify a minimum separation distance between a processing plant and
an existing residential, commercial, public, or recreational area.
2.3
Site Rehabilitation
(1)
A development application for a new mineral working site will not be approved
unless it includes a plan for site rehabilitation acceptable to Council.
(2)
Council may require the extraction site to be rehabilitated at progressive stages of
excavation or after the mineral working operation has terminated.
(3)
Upon full completion of the mineral working, the following work shall be carried
out by the operation:
(a)
All buildings, machinery and equipment shall be removed,
(b)
All pit and quarry slopes shall be graded to a slope of less than 60 percent,
(c)
The entire excavated area will be rehabilitated in accordance with the
rehabilitation plan.
(d)
If required, the access road to the site shall be closed or decommissioned in
accordance with Council's wishes.
3.
General and Light Industrial Uses
At its discretion, Council may permit a general or industrial use that is accessory to an
agricultural or mineral working use, or that meets the following criteria:
(a)
The use is unsuitable for a built-up area by reason of appearance, noise, vibration,
smell, fumes, smoke, grit, soot, ash, dust, or glare.
(b)
The use requires large outdoor areas for open storage and handling of materials,
goods, and equipment.
(c)
The use is capable of being serviced by on-site water and sewage services.
(d)
The use can be screened from public streets and lands designated for urban uses.
Town of South River
Development Regulations 2017-2027
SCHEDULE C RURAL (RU) ZONE
_____________________________________________________________________
Schedule C - Page 30
(e)
The use generates low volumes of traffic.
(f)
The use will have no deleterious effects on the environment.
(g)
The use does not include warehousing, wholesale, or retail activities.
(h)
The use will be subject to such other terms and conditions as deemed appropriate by
Council.
4.
Hazardous and Noxious Uses
Council may restrict the development or location of any use or activity that might release or
emit a hazardous or noxious substance that would affect neighbouring properties.
5.
Outdoor Markets and Shops
At its discretion, Council may permit an outdoor market or shop as an accessory use to a
commercial agricultural use, campground, or recreational open space use, provided that
Council deems that the proposed use will be integral and complementary to the main use.
6.
Energy Generation Facilities
At its discretion, Council may permit an energy generation facility, subject to Regulation 55
of the General Development Standards.
7.
Mineral Exploration
A mineral exploration use will be subject to Regulation 62 of the General Development
Standards.
8.
Campground
At its discretion, Council may permit a campground, subject to the following:
(1)
A proposal for a campground will require a development plan satisfactory to
Council, containing the following information:
(a)
Location and size of operation, including campsites and/or cottage units
(b)
Internal roads and accesses
(c)
Parking areas
(d)
Accessory uses such as laundry facilities, storage areas, washrooms, showers,
convenience store, caretaker residence, and outdoor and indoor recreation
facilities
(e)
Water supply and wastewater disposal
(f)
Landscaping
(g)
Buffers and screening between the site and other land uses
(h)
Delineation of the property on a legal survey
(i)
Where deemed necessary by Council, a phasing plan for development.
Town of South River
Development Regulations 2017-2027
SCHEDULE C RURAL (RU) ZONE
_____________________________________________________________________
Schedule C - Page 31
(2)
All campsites and on-site facilities that form part of the development will be
accessible only via the internal road network of the development.
(3)
Council may require the development to include suitable buffers and screening where
the development that abuts an existing or future public street or residential area.
(4)
The development permit will specify the maximum number of campsites that will be
permitted on the site.
(5)
No expansion or alteration of a campground, other than repairs and maintenance, will
take place without the approval of Council.
(6)
The operation will comply with all bylaws and regulations of Council pertaining to
noise and unruly behaviour.
(7)
Where Council deems necessary, a deposit sufficient to cover the cost of buffers and
screening shall be deposited with Council until the work is completed in accordance
with the approved plan.
9.
Cemetery
(1)
At its discretion, Council may permit a cemetery subject to such terms and
conditions, as it deems appropriate.
(2)
An application to develop or expand a cemetery must be accompanied by a site
design plan for Council's consideration. The site plan will illustrate the location of
the cemetery, access points, landscaping, and buffers with adjacent properties.
10.
Mineral Exploration
A mineral exploration use, if permitted by Council, will be subject to Regulation 62 of the
General Development Standards.
11.
Livestock Facility
A livestock facility, if permitted at Council's discretion, will be subject to Regulation 63 of
the General Development Standards.
12.
Exemption from Street Frontage Requirement
At Council's discretion, an agricultural, mineral working, or permitted industrial use in this
zone may be exempted from Regulation 49 of Part II of these Regulations only if the
proposed agricultural, mineral working, or industrial use is in accordance with all conditions
outlined in these Regulations as well as any other conditions that may be set by Council.
Town of South River
Development Regulations 2017--27
Schedule D -- Off--Street Loading and
Parking Requirements
Town of South River
Development Regulations 2017-2027
SCHEDULE D OFF-STREET LOADING AND PARKING REQUIREMENTS
____________________________________________________________________
Schedule D - Page 1
SCHEDULE D - OFFSTREET LOADING AND PARKING REQUIREMENTS
1.
Off-Street Loading Requirements
(1)
Where Council deems necessary, for every building, structure or use requiring the
shipping, loading or unloading of animals, goods, wares or merchandise, one or more
loading spaces will be provided and maintained on the lot measuring at least 15
metres long and 4 metres wide with a vertical clearance of at least 4 metres. The
space will have direct access to a public street or to a driveway of a minimum width
of 6 metres that connects to a public street.
(2)
The number of loading spaces to be provided will be determined by Council.
(3)
The loading spaces required by this Regulation will be designed so that vehicles can
manoeuvre clear of any street and so that it would not be 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 or enlarged, 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 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, of these Regulations.
(3)
Each parking space, except in the case of a single or attached dwelling, will be made
accessible by means of a right-of-way at least 3 metres wide.
(4)
Residential parking spaces shall be provided on the same lot as the dwelling or
dwellings. Parking space for apartment buildings will be provided in the rear yard
where possible.
(5)
Non-residential parking spaces shall be provided not more than 200 metres distance
from the use for which the parking is required.
(6)
The parking facilities required by this Regulation will, 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.
Town of South River
Development Regulations 2017-2027
SCHEDULE D OFF-STREET LOADING AND PARKING REQUIREMENTS
____________________________________________________________________
Schedule D - Page 2
(7)
Where Council permits parking perpendicular to the curb, the minimum dimensions
of each parking stall will be as follows:
Parking stall width
2.5 metres
Parking stall length or depth
7.5 metres
Aisle width separating opposite parking stalls
7.0 metres
Aisle width separating a stall from another obstruction 7.0 metres
Where Council permits parking parallel to the curb, the minimum length of the stall
will be 7.0 metres and the aisle width will be at least 4 metres, or more if deemed
necessary by Council.
For any other parking lot configuration, the requirements shall as be as specified by
Council, 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 will be constructed and maintained to the specifications of
Council,
(b)
Lights for illumination of the parking area will be arranged so as to divert the
light away from adjacent development,
(c)
Except on a service station or industrial lot, no gasoline pump or other
service station equipment will be located or maintained in a parking area,
(e)
No part of any off-street parking area will be closer than 1.5 metres from the
front lot line in any zone,
(f)
Where Council deems that strict application of the parking requirements is
impractical or undesirable, Council may as a condition of a permit require the
developer to pay a service levy in lieu of the provision of a parking area, and
Council will use the full amount of the levy for the provision and upkeep of
alternative parking facilities within the vicinity of the development.
3.
Off-Street Parking Requirements
(1)
The off-street parking requirements for the various use classes set out in Schedule B
will be as set out in the following table, except as otherwise set out in Schedule C. In
the case of developments that include more than one use class, these standards shall
be regarded as cumulative.
(2)
Adequate off-street provision for the drop-off and pick-up of persons will be
provided on the same lot as the development unless otherwise stipulated by Council.
Town of South River
Development Regulations 2017-2027
SCHEDULE D OFF-STREET LOADING AND PARKING REQUIREMENTS
____________________________________________________________________
Schedule D - Page 3
(3)
The number of spaces to be provided for off-street parking will be in accordance with
the following table.
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Theatre
One space for every 6 seats.
Cultural and Civic
One space for every 60 square metres of gross floor areas.
General Assembly
One space for every 15 square metres of gross floor area.
Educational
Schools - 2 spaces for every classroom.
Further education - 1 space for every 5 persons using the facil-
ities (students, faculty and staff).
Place of Worship
One space for every 6 seats.
Passenger Assembly
As specified by Council.
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 space for every 12 square metres of gross floor area.
Child Care
One space for every 30 square metres of gross floor area
Amusement
One space for every 15 square metres of gross floor area.
Outdoor Assembly
As specified by Council.
Campground
As specified by Council.
Single Dwelling
Two spaces for every dwelling unit
Double Dwelling
Two spaces for every dwelling unit
Townhouse Dwelling
Two spaces for every dwelling unit
Apartment Building
Three spaces for every two dwelling units.
Residential Care
As specified by Council.
Boarding House and
Bed and Breakfast
As specified by Council.
Commercial Accommodation
One space for every guest room.
Mobile and Mini Homes
Two spaces for every dwelling unit.
Office
One space for every 25 m2 of gross floor area.
Medical and Professional
One space for every 25 m2 of gross floor area.
Personal Service
One space for every 25 m2 of gross floor area.
General Service
One space for every 25 m2 of gross floor area.
Communications
As specified by Council.
Police Station
As specified by Council.
Taxi Stand
As specified by Council.
Take-out Food Service
One space for every 25 m2 of gross floor area.
Town of South River
Development Regulations 2017-2027
SCHEDULE D OFF-STREET LOADING AND PARKING REQUIREMENTS
____________________________________________________________________
Schedule D - Page 4
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Veterinary
One space for every 25 m2 of gross floor area.
Shopping Centre
One space for every 18 m2 of gross floor area.
Shop
One space for every 20 m2 of gross floor area.
Indoor Market
As specified by Council.
Outdoor Market
As specified by Council.
Convenience Store
One space for every 20 m2 of gross floor area.
General and hazardous
industry
As specified by Council, but not less than one space per 100 m2
of gross floor area or 10 parking spaces, whichever is greater.
Service Station
One space for every 20 m2 of gross floor area.
Light Industry
As specified by Council but not less than one space per 50 m2
of gross floor area or 5 parking spaces, whichever is greater.
Town of South River
Development Regulations 2017--27
Schedule E - Provincial
Development Regulations
Town of South River
Development Regulations 2017-2027
SCHEDULE E PROVINCIAL DEVELOPMENT REGULATIONS
______________________________________________________________________________
Schedule E - Page 1
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act 2000, I make the
following regulations.
Dated at St. John's, January 2, 2001 .
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non-conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
Town of South River
Development Regulations 2017-2027
SCHEDULE E PROVINCIAL DEVELOPMENT REGULATIONS
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Schedule E - Page 2
Short title
1.
These regulations may be cited as the Development Regulations.
Definitions
2.
In these regulations,
(a)
"Act", unless the context indicates otherwise, means the Urban and Rural
Planning Act, 2000 ;
(b)
"applicant" means a person who has applied to an authority for an approval or
permit to carry out a development;
(c) "
authority" means a council, authorized administrator or regional authority; and
(d)
"development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
Application
3.
(1) These regulations shall be included in the development regulations of an
authority and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development regulations
or other regulations of an authority, these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
Interpretation
4.
(1) In development regulations and other regulations made with respect to a
planning area the following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from a street to adjacent or nearby land or to go from that land to the
street;
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SCHEDULE E PROVINCIAL DEVELOPMENT REGULATIONS
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Schedule E - Page 3
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory and which has a use that is customarily incidental or
complementary to the main use of the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets or
radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
(c)
"accessory use" means a use that is subsidiary to a permitted or discretionary use
and that is customarily expected to occur with the permitted or discretionary use;
(d)
"building height" means the vertical distance, measured in metres from the
established grade to the
(i)
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks, steeples
and purely ornamental structures above a roof;
(e)
"building line" means a line established by an authority that runs parallel to a
street line and is set at the closest point to a street that a building may be placed;
(f)
"discretionary use" means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations;
(g)
"established grade" means,
(i)
where used in reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior or the front of that building exclusive of any artificial
embankment or entrenchment, or
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SCHEDULE E PROVINCIAL DEVELOPMENT REGULATIONS
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Schedule E - Page 4
(ii)
where used in reference to a structure that is not a building, the average elevation
of the finished grade of the ground immediately surrounding the structure, exclusive of any
artificial embankment or entrenchment;
(h)
"floor area" means the total area of all floors in a building measured to the outside
face of exterior walls;
(i)
"frontage" means the horizontal distance between side lot lines measured at the
building line;
(j)
"lot" means a plot, tract or parcel of land which can be considered as a unit of
land for a particular use or building;
(k)
"lot area" means the total horizontal area within the lines of the lot;
(l)
"lot coverage" means the combined area of all building on a lot measured at the
level of the lowest floor above the established grade and expressed as a percentage of the total
area of the lot;
(m)
"non-conforming use" means a legally existing use that is not .listed as a
permitted or discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n)
"owner" means a person or an organization of persons owning or having the legal
right to use the land under consideration;
(o)
"permitted use" means a use that is listed within the permitted use classes set out
in the use zone tables of an authority's development regulations;
(p)
"prohibited use" means a use that is not listed in a use zone within the permitted
use classes or discretionary use classes or a use that an authority specifies as not permitted within
a use zone;
(q)
"sign" means a word, letter, model, placard, board, device or representation,
whether illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as a
memorial, advertisements of local government, utilities and boarding or similar structures used
for the display of advertisements;
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Development Regulations 2017-2027
SCHEDULE E PROVINCIAL DEVELOPMENT REGULATIONS
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Schedule E - Page 5
(r)
"rear yard depth" means the distance between the rear lot line and the rear wall of
the main building on a lot;
(s)
"side yard depth" means the distance between the side lot line and the nearest side
wall of a building on the lot;
(t)
"street" means a street, road, highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other emergency
vehicles;
(u)
"street line" means the edge of a street reservation as defined by the authority
having jurisdiction;
(v)
"use" means a building or activity situated on a lot or a development permitted on
a lot;
(w)
"use zone" or "zone" means an area of land including buildings and water
designated on the zoning map to which the uses, standards and conditions of a particular use
zone table apply;
(x)
"variance" means a departure, to a maximum of 10% from the yard, area, lot
coverage, setback, size, height, frontage or any other numeric requirement of the applicable Use
Zone Table of the authority's regulations; and
(y)
"zoning map" means the map or maps attached to and forming a part of the
authority's regulations.
(2)
An authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the authority's regulations as
discretionary, permitted or prohibited uses for that area.
Notice of right to appeal
5.
Where an authority makes a decision that may be appealed under section 42 of the
Act, that authority shall, in writing, at the time of making that decision, notify the person to
whom the decision applies of the
(a)
person's right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
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SCHEDULE E PROVINCIAL DEVELOPMENT REGULATIONS
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Schedule E - Page 6
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6.
(1) The secretary of the board at the Department of Municipal and Provincial
Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld.,
A1B 4J6 is the secretary to all boards in the province and an appeal filed with that secretary
within the time period referred to in subsection 42(4) of the Act shall be considered to have been
filed with the appropriate board.
(2)
Notwithstanding subsection (1), where the City of Corner Brook , City of Mount
Pearl or City of St. John's appoints an appeal board under subsection 40(2) of the Act, an appeal
shall be filed with the secretary of that appointed board.
(3)
The fee required under section 44 of the Act shall be paid to the board that hears
the decision being appealed by filing it with the secretary referred to in subsection (1) or (2)
within the 14 days referred to in subsection 42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection 44(3)
of the Act, retain the fee paid to the board.
(5)
Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
Appeal registration
7.
(1) Upon receipt of an appeal and fee as required under the Act and these
regulations, the secretary of the board as referred to in subsections 6(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
(3)
Where an authority has been notified of an appeal that authority shall forward to
the appropriate board a copy of the application being appealed, all correspondence, council
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minutes, plans and other relevant information relating to the appeal including the names and
addresses of the applicant and other interested persons of whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate authority, a notice that the
appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
Development prohibited
8.
(1) Immediately upon notice of the registration of an appeal the appropriate
authority shall ensure that any development upon the property that is the subject of the appeal
ceases.
(2)
Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, an authority shall not carry out work related to the matter
being appealed.
Hearing notice and meetings
9.
(1) A board shall notify the appellant, applicant, authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal not fewer than 7
days before the date scheduled for the hearing of the appeal.
(2)
A board may meet as often as is necessary to conduct its work in an expeditious
manner.
Hearing of evidence
10.
(1) A board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under subsection 9(1) or their representative may appear
before the board and make representations with respect to the matter being appealed.
(2)
A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
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(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be considered to have been provided in the same manner as
evidence directly provided at the hearing of the board.
(4)
In the conduct of an appeal hearing, the board is not bound by the rules of
evidence.
Board decision
11.
A decision of the board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
Variances
12.
(1) Where an approval or permit cannot be given by an authority because a
proposed development does not comply with development standards set out in development
regulations, an authority may, in its discretion, vary the applicable development standards to a
maximum of 10% if, in the authority's opinion, compliance with the development standards
would prejudice the proper development of the land, building or structure in question or would
be contrary to public interest.
(2)
An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other variances made or
to be made with respect to the same land, building or structure, would have a cumulative effect
that is greater than a 10% variance even though the individual variances are separately no more
than 10%.
(3)
An authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing development.
Notice of variance
13.
Where an authority is to consider a proposed variance, that authority shall give
written notice of the proposed variance from development standards to all persons whose land is
in the immediate vicinity of the land that is the subject of the variance.
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Residential non conformity
14.
A residential building or structure referred to in paragraph 108(3)(g) of the Act
must, where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and
development regulations applicable to that building or structure.
Notice and hearings on change of use
15.
Where considering a non conforming building, structure or development under
paragraph 108(3)(d) of the Act and before making a decision to vary an existing use of that
nonconforming building, structure or development, an authority, at the applicant's expense, shall
publish a notice in a newspaper circulating in the area or by other means give public notice of an
application to vary the existing use of a non-conforming building, structure or development and
shall consider any representations or submissions received in response to that advertisement.
Non-conformance with standards
16.
Where a building, structure or development does not meet the development
standards included in development regulations, the building, structure or development shall not
be expanded if the expansion would increase the non-conformity and an expansion must comply
with the development standards applicable to that building, structure or development.
Discontinuance of non-conforming use
17.
An authority may make development regulations providing for a greater period of
time than is provided under subsection 108(2) of the Act with respect to the time by which a
discontinued non-conforming use may resume operation.
Delegation of powers
18.
An authority shall, where designating employees to whom a power is to be
delegated under subsection 109(3) of the Act, make that designation in writing.
Commencement
19.
These regulations shall be considered to have come into force on January.