Development Regulations (2022–2032) — Town of St. Joseph's
St. Joseph's, Newfoundland and Labrador
· adopted 2022-04-07
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TOWN OF ST. JOSEPH'S
A.M. Group Ltd.
Anna Myers, MCIP
50 Monkstown Road
St. John's, NL AIC 3T3
Development
Regulations
2022-2032
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URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO APPROVE
THE TOWN OF ST. JOSEPH'S
DEVELOPMENT REGULATIONS, 2022-2032
Under the authority of section 16, section 17 and section 18 of the Urban and Rural
Planning Act 2000, the Town Council of St. Joseph's:
a. adopted the Development Regulations for the Town of St. Joseph's on the 7th
day of April, 2022.
b. gave notice of the adoption of the Development Regulations for the Town of
St. Joseph's by advertisement inserted on the Shoreline News on the 14th day
of April, 2022, and the21st day of April and Notices in Town buildings;
c. set the 20th day of May, 2022 for submissions to be made at the Town Hall,
2022, for the Public Hearing Commissioner for consideration of any
objections and submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the
Town Council of St. Joseph's approves the Development Regulations for the Town of St.
Joseph's as amended as follows:
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to show the Water Resource Management Division mapping of the 'Potential
Surfacewater Natural Drainage Area' on the Land Use Zoning map; and,
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Add the following requirement in Section 6.5.12- Potential Surfacewater
Natural Drainage Area-All applications within this area to be referred to the
Water Resources Management Division for comment prior to Council
decision.
SIGNED AND SEALED this
/~
day of J~b(r , 2022.
Mayor:
~a,L
Town Manager/Clerk:
Q.,~ /4,.J.~ _
Development Regulations/ Amendment
REGISTERED
Number
4:'4:l':5 - UZ/4 ...- 000
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URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO ADOPT
TOWN OF ST. JOSEPH'S
DEVELOPMENT REGULATIONS, :2022-2032
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town
Council of St. Joseph's adopts the St. Joseph's Development Regulations (2022-2032 ).
The Development Regulations (2022-2032 ) were adopted by the Town Council of St.
Joseph's on the 7th day of April, 2022.
Signed and sealed this J!L day of _---=0f-'-1'--1"-b..:........:..:/x--"--'-r __ _,1, 2022.
Mayor:
AJ h ~
j
~
Municipal Clerk: _----->,LJ(ll<.¥Jt="1-.A.==41
--1,Rcuo:...,,,W\q,=cL=-:----.._-=~
:·-
Town seal
CANADIAN INSTITUTE OF PLANNERS (CIP) CERTIFICATION
I certify that the Town of Clarke's Beach Development Regulations, 2022-2032 have been prepared in
accordance with the requirements of the Urban and Rural Planning Act, 2000 of the Province of
Newfoundland and Labrador.
Member of Canadian Institute of Planners (MCIP)
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TABLE OF CONTENTS
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1.0
AUTHORITIES AND RESPONSIBILITIES ....................................................................................................... 1
I.I
APPLICATION .................................................................................................................................................... 1
1.2
COMPLIANCE WITH FEDERAL AND PROVINCIAL LEGISLATION AND TOWN REGULATIONS ................................. l
1.3
LEGAL EFFECT ................................................................................................................................................... 1
1.4
DELEGATION OF AUTHORITY ........................................................................................................................ 2
2.0
ADMINISTRATION OF THE REGULATIONS ................................................................................................. 3
2.1
WHEN ISA PERMIT REQUIRED ................................................................................................................. 3
2.2
APPLICATION FORA PERMIT ................................................................................................................ 4
2.2.1
Who can apply and how .................................................................................................................... 4
2.2.2
Application Requirements for All Applications ............................................................................... 5
2.2.3
Application Information Requirements for Discretionary Uses .................................................... 5
2.2.4
Application Information Requirements for Planned Unit Developments ...................................... 6
2-3
OPTIONS IF YOUR PROPOSAL DOES NOT FIT THE LAND USE ZONES OR DEVELOPMENT
CONDITIONS/STANDARDS ................................................................................................................................ 7
2.3.1
Variances ............................................................................................................................................ 7
2.3.2
Non-Conforming Uses or Non-Conforming Development ............................................................. 8
2.3.3
Amendment to Development Regulations ....................................................................................... 9
2.4
COUNCIL DECISION-MAKING ............................................................................................................ 11
2.4.1
Discretionary Decision-making Powers of Council ........................................................................ 11
2.4.2
Timely Decision-making .................................................................................................................. 11
2.4.3
Deferment of Application: ................................................................................................................ 11
2.4.4
Public Notice (Refer to Ministerial Development Regulations, Sections 13&15) .......................... 11
2.4.5
Briefing Sessions ............................................................................................................................... 12
2.4.6
Approval-in-Principle ....................................................................................................................... 13
2.4.7
Approval of Development Permit .................................................................................................... 14
2.4.8
Permit responsibilities of the applicant ........................................................................................... 14
2.4.9
Temporary Use Permit ..................................................................................................................... 14
2.4.10 Correction of Errors and Remedial Work .............................................................................................. 15
2.4.11 Revoke Permit .......................................................................................................................................... 15
2.4.12
Fee for Permit .................................................................................................................................... 15
2.4.13
Written Reasons for Refusing a Permit or Setting Conditions on a Permit ................................. 15
2.4.14
Refusal: Premature development .................................................................................................... 15
2.4.15
Appeal ............................................................................................................................................... 16
2.4.16
Register ............................................................................................................................................. 16
2.5
SPECIAL CONDITIONS FOR DEVELOPMENT ................................................................................... 16
2.5.1
Development Agreement ................................................................................................................. 16
2.5.2
Planning Impact Analysis ................................................................................................................ 17
2.5.3
Financial Guarantees by Developer ................................................................................................. 17
2.5.4
Service Levy ....................................................................................................................................... 17
2.5.5
Require Land Conveyed for Public Work Purpose .......................................................................... 18
2.5.6
Restoration of Land .......................................................................................................................... 18
2.6
ENFORCEMENT AUTHORITY .............................................................................................................. 18
2.6.1
Delegation of Authority ................................................................................................................... 18
2.6.2
Right of Entry .................................................................................................................................... 18
2.6-3
Enforcement Authorities ................................................................................................................. 19
3.0
LAND USE ZONES ...................................................................................................................................... 21
3.1 ZONES AND USE ZONETABLES ............................................................................................................... 21
3.1.1
Land Use Zones ................................................................................................................................. 21
3.1.2
Land Use Zone Tables ....................................................................................................................... 21
3.1.2.1
3. 1.2.2
3.1-3
3·1-4
3.1.5
Permitted Uses ................................................................................................................................. 22
Discretionary Uses .......................................................................................................................... 22
Accessory Uses and Accessory Building ......................................................................................... 22
Uses Not Permitted .......................................................................................................................... 22
Uses Permitted in All Land Use Zones ........................................................................................... 22
3.1.6
Development Conditions and Standards ........................................................................................ 23
3.2
RES! D ENTIAL .......................................................................................................................................... 24
3.3
COMMERCIAL. ........................................................................................................................................ 26
3.4
MIXED USE .............................................................................................................................................. 27
3.5
PUBLIC USE ............................................................................................................................................. 29
3.6
INDUSTRIAL ............................................................................................................................................ 30
3.7
CONSERVATION .................................................................................................................................... 31
3.8
RECREATION OPEN SPACE .................................................................................................................. 32
3.9
RURAL. ..................................................................................................................................................... 33
4.0
LAND USE AND DEVELOPMENT DEFINITIONS AND STANDARDS ............................................................... 35
4.1
INTERPRETATION ................................................................................................................................. 35
4.2
AGRICULTURE LAND USE CLASS ........................................................................................................ 35
4.2.1
Commercial Agriculture: ................................................................................................................. 35
4.2.2
Urban Agriculture ............................................................................................................................ 36
4.2.2.1
General Conditions: ........................................................................................................................................ 36
4.2.2.2
Community Garden ........................................................................................................................................ 36
4.2.2.3
Livestock and Poultry (and fowl) ................................................................................................................... 36
4.2.2.4
Kennel ........................................................................................................................................................... 36
4.3
COMMERCIAL LAND USE CLASS ......................................................................................................... 37
4.3.1
4.3.2
4.3.3
4.3.4
4.3.5
4.3.6
4.3.7
4.3.8
4.3.9
4-3.10
4.3.11
Amusement Establishment/Use ..................................................................................................... 37
Amusement Park/Attraction ........................................................................................................... 37
Auto Body Shop ................................................................................................................................ 38
Automotive Repair Shop ................................................................................................................... 38
Automotive Sales and Service Establishment ..................... ........................................................... 39
Bar/Licenced Liquor Establishment ................................................................................................ 40
Building Supply Store ...................................................................................................................... 40
Campground, including RV campgrounds ...................................................................................... 40
Child Care-Non-residential (Note: residential child care is under Home Business) ................... 41
Club and Lodge ................................................................................................................................ 42
Contractor, Limited (Small) ............................................................................................................ 42
4.3.12
Convenience Store ........................................................................................................................... 42
4.3.13
Custom Manufacturing Service and Sales (small/artisan) ........................................................... 43
4.3.14
General Service/Repair Shop ........................................................................................................... 43
4.3.15
Hotel or Inn ...................................................................................................................................... 44
4-3.16
Marina .............................................................................................................................................. 44
4.3.17
Medical or Dental Clinic/Office ...................................................................................................... 45
4.3.18
Motel ................................................................................................................................................. 45
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4.3.19
Outdoor Market ............................................................................................................................... 46
4.3.20
Personal Service ............................................................................................................................... 46
4.3.21
Offices: Professional, Financial and Associated Support Services ............................................... 47
4.3.22
Resort ................................................................................................................................................ 47
4.3.23
Restaurants ...................................................................................................................................... 47
4.3.23.1
Take-Out ........................................................................................................................................................ 47
4.3.23.2
Full-Service Restaurant .................................................................................................................................. 48
4.3.23.3
Mobile Take-Out or Street Vendor ................................................................................................................ 48
4.3.24
Retail ................................................................................................................................................. 49
4.3.25
Service Station ................................................................................................................................. 49
4.3.26
Veterinarian Clinic .......................................................................................................................... 50
4.4
INDUSTRIAL LAND USE CLASS ............................................................................................................ 51
4.4.1
Contractor, General .......................................................................................................................... 51
4.4.2
Energy Generation Facilities ............................................................................................................ 51
4.4.3
Fishery Use ....................................................................................................................................... 53
4.4.4
Forestry Activities ............................................................................................................................ 53
4.4.5
Industrial - General .......................................................................................................................... 53
4.4.6
Industrial - Heavy And/or Hazardous ........................................................................................... 54
4.4.7
Industrial - Light .............................................................................................................................. 55
4.4.8
Industrial Mall ................................................................................................................................. 55
4.4.9
Mineral Exploration ......................................................................................................................... 56
4.4.10
Mineral Working ............................................................................................................................. 57
4.4.11
Mining .............................................................................................................................................. 58
4.4.12
Natural Resource-Related Uses ...................................................................................................... 59
4.4.13
Salvage/Scrap Yard .......................................................................................................................... 60
4.5
CONSERVATION LAND USE CLASS .................................................................................................... 61
4.5.1
Environmental Protection ............................................................................................................... 61
4.5.2
Recreation Open Space .................................................................................................................... 61
4.6
PUBLIC/INSTITUTIONAL LAND USE CLASS ...................................................................................... 62
4.6.1
Cemetery .......................................................................................................................................... 62
4.6.2
Institutional Use ........................................................................................... , .................................. 62
4.6-3
Protective and Emergency Services ................................................................................................ 63
4.6.4
Public Gathering Places -Indoor ..................................................................................................... 64
4.6.5
Public Gathering Places - Outdoor ................................................................................................. 64
4.6.6
Sports and Recreation Facilities ..................................................................................................... 65
4.7
RESIDENTIAL LAND USE CLASS .......................................................................................................... 65
4.7.1
4.7-2.
4.7.3
4.7.4
4.7.5
Single Detached Dwelling ............................................................................................................... 65
Semi-Detached Dwelling (Double dwelling) .................................................................................. 66
Tiny homes ....................................................................................................................................... 66
Garden Suite ..................................................................................................................................... 67
Townhouses ..................................................................................................................................... 68
4.7.6
Mini-Home and Mobile Homes ...................................................................................................... 68
4.7.7
Apartment Building ......................................................................................................................... 69
4.7.8
Cottage (or Cabin) ........................................................................................................................... 69
4.7.9
Group Home ..................................................................................................................................... 70
4.8
PUBLIC INFRASTRUCTURE AND UTILITIES ....................... ................................................................ 70
4.8.1
Communications ............................................................................................................................. 70
4.8.2
Easement ............................................................................................................................................ 71
4.8.3
Utilities ............................................................................................................................................... 71
5.0
ACCESSORY USES & ACCESSORY BUILDINGS AND HOME BUSINESSES ..................................................... 73
5.1
ACCESSORY USES ....................................................................................................................................... 73
5.1.1
General Accessory Uses ................................................................................................................... 73
5.1.2
Subsidiary Apartments .................................................................................................................... 73
5.1-3
Satellite Dish - Residential .............................................................................................................. 74
5.1.4
Satellite Dish - Commercial ............................................................................................................ 74
5.2
ACCESSORY BUILDINGS ....................................................................................................................... 75
5.2.1
Accessory Buildings - General ........................................................................................................ 75
5.2.2
Accessory Buildings - Residential Use Classes (excluding Garden Suites) .................................. 76
5.2.3
Accessory Buildings - Non-Residential .......................................................................................... 77
5.2.3.1
General ............................................................................................................................................. 77
5.2.3.2
Trailers ............................................................................................................................................ 77
5.3
HOME BUSINESS IN THE RESIDENTIAL LAND USE CLASS ............................................................ 78
5-3.1
5·3·2
5.3.2.1
5.3.2.2
5·3· 2·3
General Home Business ................................................................................................................... 78
Development Conditions for Specific Home Businesses ................................................................ 81
Bed and Breakfast ............................................................................................................................. 81
Boarding House ................................................................................................................................ 81
Home Care: Residential ................................................................................................................... 82
6.0
GENERAL REGULATIONS AND PROVINCIAL/FEDERAL INTERESTS ............................................................. 83
6.1
BUILDINGS .............................................................................................................................................. 83
6.1.1
6.1.2
6.2
Building Orientation and Quality ................................................................................................... 83
Heritage Building or Structure ....................................................................................................... 83
LOT SITING .............................................................................................................................................. 83
6.2.1
Lot Area ............................................................................................................................................ 83
6.2.2
Unsubdivided Land .......................................................................................................................... 84
6.2-3
Lot Fronting on to a Public Street .................................................................................................. 84
6.2.4
Building Line and Setbacks ............................................................................................................. 84
6.2.5
Flanking or Corner lots ( double fronting lots) .............................................................................. 85
6.2.6
Side Yards ......................................................................................................................................... 85
6.2.7
Multiple Uses on One Lot ............................................................................................................... 85
6.2.8
Outdoor Storage .............................................................................................................................. 86
6.3
LANDSCAPING, BUFFERS AND NUISANCE & UNSIGHTLY USES ................................................... 86
6.3.1
General Requirements - Residential, Commercial and Industrial zones ..................................... 86
6.3.2
Landscaping requirements for subdivisions ................................................................................... 87
6.3.3
Buffers and Separation Distances Between Land Uses ................................................................. 87
6.3.4
Prohibition on Land Use and Development that create NU!isance, Danger or are Unsightly .... 89
6.4
MUNICIPAL SERVICES ........................................................................................................................... 90
6-4-1
Streets and Access to streets ............................................................................................................ 90
6.4.2
Shared Driveway (Access) ............................................................................................................... 91
6.4.3
Municipal Services and Public Utilities .......................................................................................... 92
6.4.4
Storm Water Management ............................................................................................................. 92
6.4.5
E.ffluents: ........................................................................................................................................... 92
6.4.6
On-Site Services (Wells and onsite sanitary sewer systems) ........................................................ 92
6.5
FEDERAL AND PROVINCIAL GOVERNMENT REQUIREMENTS .................................................... 92
6.5.1
Climate Change Division .................................................................................................................. 93
6.5.2
Crown Land Administration Division ............................................................................................. 93
6.5.3
Digital Government and Service NL ......................................................................................... 93
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6.5.4
Forestry and Wildlife Division ........................................................................................................ 94
6.5.5
Surveys & Mapping Division ........................................................................................................... 94
6.5.6
Land Resources Stewardship Division ............................................................................................ 94
6.5.7
Mineral Lands Division ................................................................................................................... 94
6.5.8
National Codes and Regulations .................................................................................................... 95
6.5.9
Newfoundland and Labrador Hydro- Easements .......................................................................... 96
6.5.10
Provincial Archaeology Office ....................................................................................................... 96
6.5.11
Provincial Highway Sign Regulations, 1996 ................................................................................... 96
6.5.12
Water Resources Management Division ........................................................................................ 96
7.0
OFF-STREET LOADING, PARKING AND SIGNS ........................................................................................... 98
7.1
OFF-STREET LOADING REQUIREMENTS .............................................................................................. 98
7.2
PARKING ................................................................................................................................................. 98
7.2.1
Parking Area Standards .................................................................................................................. 98
7.2.2
Parking Development Plans ............................................................................................................ 99
7.2.3
Off-Street Parking Requirements ................................................................................................... 99
7-2.4
Designated Mobility Impaired Parking Spaces ............................................................................. 101
7.3.
SIGNS (ADVERTISEMENTS) ................................................................................................................ 101
7.3.1
7.3.1.1
7.3.1.2
7.3.1.3
7.3.1.4
7.3.1.5
7-3.2
7.3.2.1
7.3.2.2
7.4
Permit Required .............................................................................................................................. 101
Signs/Advertisements Exempt from Permit Requirement .......................................................................... 101
Signs/ Advertisements Prohibited in Street Reservation ............................................................................. 102
Permit Valid for Limited Period ................................................................................................................... 102
Removal of Signs/ Advertisements .............................................................................................................. 102
Non-Conforming Uses ................................................................................................................................. 102
Sign Standards ................................................................................................................................ 103
Advertisements Relating to Onsite Uses ..................................................................................................... 103
Advertisements Relating to Offsite Uses on Local Roads ............................................................................ 103
Provincial Highway Sign Regulations, 1996 .................................................................................. 103
8.0
SUBDIVISION OF LAND ........................................................................................................................... 105
8.1
SUBDIVISION STANDARDS ................................................................................................................ 105
8.1.1
Subdivision Standards apply .......................................................................................................... 105
8.1.2
Subdivisions standards do not apply ............................................................................................. 105
8.1.3
Back/at Development.. .................................................................................................................... 105
8.1.4
Permit Required ............................................................................................................................. 106
8.1.5
Public Notice .................................................................................................................................. 106
8.1.6
Subdivision Subject to Zoning ....................................................................................................... 106
8.1.7
Subdivision Permit Subject to Considerations ............................................................................. 106
8.1.8
Restriction on Sale of Lots ............................................................................................................. 107
8.1.9
Building Permits Required .............................................................................................................. 107
8.2
SUBDIVISION PERMIT REQUIREMENTS .......................................................................................... 107
8.2.1
8.2.2
8.2.3
8.2.4
8.2.4.1
Subdivision Development Agreement ............................................................................................ 107
Municipal Services to be Provided ................................................................................................. 107
Private Well water source: Groundwater Supply Assessment and Reporting .......................... 108
Fees, Service Levies and Land for Open Space ............................................................................. 109
Subdivision Fees .......................................................................................................................................... 109
8.2.4.2
Service Levies and Local Improvement Assessments (as appropriate) ....................................................... 109
8.2.4.3
Deposit of Securities ................................................................................................................................... 109
8.2.4.4
Land for Public Open Space ......................................................................................................................... 109
8.3
SUBDIVISION DESIGN STANDARDS ................................................................................................. 110
8-4
SUBDIVI SION ENGINEERING STANDARDS ..................................................................................... 111
8.4.1
Engineer to Design Works and Certify Construction Layout ....................................................... 112
8.4.2
Developer to Pay Engineer's Fees and Charges .............................................................................. 112
8.4.3
Street Works May Be Deferred ....................................................................................................... 112
8.4.4
Construction of Utilities .................................................................................................................. 113
8.4.5
Structures in Street Reservation ..................................................................................................... 113
8.4.6
Transfer of Streets and Utilities to Council (if appropriate) ......................................................... 113
APPENDIX 1: ........................................................................................................................................................ 115
INTERPRETATION OF TECHNICAL PLANNING TERMS ............................................................................. 115
APPENDIX 2: MINISTER'S DEVELOPMENT REGULATIONS ...................................................................... 125
APPENDIX 3: LAND USE ZONING MAPS ............................................................................................................. 135
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1.0
AUTHORITIES AND RESPONSIBILITIES
1.1
Application
These Development Regulations apply to:
-
all persons proposing to undertake a land use and/or development within the
Municipal Planning Area boundary, whether residents or non-residents; and,
-
the Mayor and Councillors and their delegates as they make land use and make
development decisions.
All development, including the subdivision/severance of land, carried out within the
Municipal Planning Area must have a permit issued by Council in accordance with the
Town Municipal Plan and these Development Regulations.
1.2
Compliance with Federal and Provincial legislation and Town regulations
Even though an applicant may receive a municipal development permit, the applicant is
responsible for ensuring compliance with all relevant federal and provincial legislation,
regulations, policies and guidelines prior to commencing a land use or development
approved under these Development Regulations. Council may require proof of
compliance prior to approval. The applicant must undertake any requirements set out by
the Town as conditions to approval of the permit. The applicant is also responsible for
ensuring compliance with all other Town regulations.
1.3
Legal Effect
Upon publication of the notice of registration of these Development Regulations in the
Newfoundland and Labrador Gazette, the Development Regulations come into legal effect.
These Regulations may be cited as the "Town of St. Joseph's Development Regulations
2020", prepared under the authority of Section 35 of the Urban and Rural Planning Act,
2000.
As required under Section 36 of the Urban and Rural Planning Act, 2000, the Ministerial
Development Regulations 03/01 are included in these regulations.
To assist interpretation of the Municipal Plan and Development Regulations, technical
planning terms are found in the appendices. The definitions from the Urban and Rural
Planning Act, 2000 and the (Minister's) Development Regulations 03/01, cannot be
amended by the Council.
Town of St. Joseph's
Development Regulations 2022-2032
1.4
Delegation of Authority
Under Section 109 (2) of the Urban and Rural Planning Act, 2000, a council may to
appoint/designate an employee of Council to approve or reject applications to develop
land in accordance with the Municipal Plan and regulations and that employee may
outline the conditions applicable to that development. Council shall make that
designation in writing.
Town of St.Joseph's
2
Development Regulations 2022-2032
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2.0
ADMINISTRATION OF THE REGULATIONS
This Chapter deals with the administration of processing applications for proposed land
use and developments. It outlines: when a permit is required, the process for making an
application for a permit, the decision-making process by Council or it's delegate,
including the conditions and requirements that may be attached to the permit, the appeal
process, and the enforcement responsibilities of the Council.
2.1
WHEN IS A PERMIT REQUIRED
All development including the subdivision (severance) of land carried out within the
Municipal Planning Area must have a permit issued by Council in accordance with these
Regulations and any other by-law or regulation enacted by Council. These are defined in
the Urban and Rural Planning Act, 2000 as follows:
Development means
" ... the carrying out of building, engineering, mining or other operations in, on, over or
under land, or the making of a material change in the use, or the intensity of use of land,
buildings or premises and the
1.
making of an access onto a highway, road or way,
11.
erection of an advertisement or sign,
111.
construction of a building,
1v.
parking of a trailer, or vehicle used for the sale of refreshments or merchandise,
or as an office, or for living accommodation,
and excludes the
V.
VI.
vii.
viii.
carrying out of works for the maintenance, improvement or other alteration of a
building, being works which affect only the interior of the building or which do
not materially affect the external appearance or use of the building,
carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries
of the road reservation,
carrying out by a local authority or statutory undertakers of works for the
purpose of inspecting, repairing or renewing sewers, mains, pipes, cables or
other apparatus, including the breaking open of street or other land for that
purpose,and
use of a building or land within the courtyard of a dwelling house for a purpose
incidental to the enjoyment of the dwelling house as a dwelling ... "; and,
Town of St.Joseph's
3
Development Regulations 2022-2032
"Subdivision means the dividing of land, whether in single or joint ownership into 2 or
more pieces for the purpose of development". The requirements for subdivision
development can be found in Section 8.
No land over which there is an existing structure shall be subdivided for the purpose of
creating distinct lot to different dwelling units unless;
a. Each dwelling unit is entirely contained within the new lot and self-contained
within the new lot with no common spaces or shared services,
b. The fire separation for each dwelling unit is confirmed,
c. A permit for the subdivision is first obtained from the Town.
d. The subdivision must fully comply with all aspects of the Town Development
Regulations;
e. A subsidiary apartment cannot be subdivided from the self-contained
dwelling that it is constructed within.
2 .2
APPLICATION FORA PERMIT
2.2.1
Who can apply and how
An application for a Permit or for Approval in Principle shall be made only by the owner,
or by a person authorized by the owner, to Council on such form as may be prescribed by
Council.
Where Approval in Principle is granted under these Regulations, it shall be subject to the
subsequent approval by Council of the details and conditions as listed in the Approval
in Principle, which shall be received not later than one year from the issuance of the
Approval in Principle. If the details and conditions are not received, and there is no
request for an extension, then the Approval in Principle is void and the application is
rejected.
Development is not permitted on un-subdivided land unless sufficient area is reserved to
satisfy the yard and other allowances called for in the Use Zone in which it is located and
the allowances shall be retained when the adjacent land is developed
Council shall, on request, supply to every applicant a copy of the application forms and a
description of the plans, specifications, and drawings required to be provided with the
application. Council shall provide all available information to assist in the preparation of
the application.
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2.2.2
Application Requirements for All Applications
An application for a Development Permit shall contain the information needed to satisfy
the applicable requirements in these Regulations.
Every application shall include:
a. such plans, specifications and drawings as Council may require;
b. the permit fee required by Council; and,
c. all information required to process the application in accordance with these
Regulations, such information shall include at least the following:
For the proposed land, such information shall include at least the following:
a. location of the site on a map;
b. details of proposed use: type, size and scale of operation, landscaping;
c. lot area, lot frontage, siting of structures;
d. contours and significant natural features such as wetlands, watercourses, drainage
channels, and slopes that exceed 15 percent, existing vegetation, trees, and any
other environmentally sensitive features;
e. existing streets, buildings, and land uses in the vicinity of the site;
f.
a conceptual layout of proposed streets, trails, and other major components of the
development;
g. proposed access/egress, parking, loading requirements;
h. a landscaping plan, including buffers and/or separation distances;
1.
proposed water supply, waste disposal and storm water drainage services; and,
J.
a legal survey plan prepared by a registered Newfoundland and Labrador surveyor.
Where the application involves a building, the following information should be added
to the lot information, as appropriate:
-
siting of building on the lot, including building line setback and yards;
-
bulk and height, in terms of floor area and building height;
-
proposed access/egress off-street parking, circulation, and, parking, loading
requirements, in terms of variables (Chapter 7);
-
a landscaping plan and buffers (see Chapter 6)
2.2.3
Application Information Requirements for Discretionary Uses
Discretionary Uses may only be considered for an application to develop where:
a. the Discretionary Use is stated in the applicable Use Zone table (Chapter 3); and,
b. Council has, at the applicant's expense, published a notice in a newspaper
circulating in the area of the application and considered any representations or
submissions received in response to that advertisement. It is recommended that
Council notify the neighbouring property owners directly regarding the proposed
discretionary use.
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In addition to the information requirements for lots and buildings in 2.2.2, an application
for a Discretionary Use shall contain the following information relating to Discretionary
Uses involving operation of a business/service, if applicable:
a. floor area to be used for Discretionary Use,
b. number of employees employed on site, and
c. hours of operation.
2.2.4
Application Information Requirements for Planned Unit Developments
In addition to the information in 2.2.2, the following requirements will apply to all
proposed Planned Unit developments. A definition of a comprehensive development is
provided below:
Definition: Planned Unit Development means an integrated planned development
which may involve a single use class or mix of use classes of a mix of uses that responds to
a unique market opportunity and involves special development standards not otherwise
permitted in the zone. The most common example of a Planned Unit Development is a
vacant land condominium/bare strata development consisting of a contiguous area to be
planned, developed, operated, and maintained as a single entity and containing one or
more structures with common areas that belong to them, such as a box store complex,
resort, multi-unit residential.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 &2.2.4);
2) A Planned Unit Development must front onto on a public road and comply with use
requirements of the Zone within which it is located.
3) The provision of on-site services must meet requirement of provincial agencies, in
particular, Water Resource Management Division and Department of Digital
Government and Service NL;
4) Roads and services provided in a Planned Unit Development whether they are publicly
or privately owned, may be treated as if they were public roads, public services and
public utilities for the purpose of approvals by the Authority and other agencies.
A Planned Unit development application would normally contain the following:
a. Goals, objectives and land use policies for the development area;
b. Identification of developable area of site, indicating site conditions such as poor
drainage, steep slopes, flooding potential and rocky ground;
c. Proposed siting of new buildings, or additions, including building area size, building
height, and setback distances to property lines;
d. Building lot area coverage where applicable;
e. Total number of proposed multi-unit residential dwellings, or strata unit
commercial and/or industrial units, and interior floor plans;
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f.
Layout drawing of proposed parking area, total number and size of parking spaces
and maneuvering aisles, access and egress locations to parking area, provisions for
bicycle parking where applicable, landscape screening for parking areas and storm
water drainage management;
g. Identification of outdoor amenity, open space, and recreation areas;
h. Identification of unenclosed storage areas and area size;
1.
Overview of landscaping treatment and approach for the site development.
J.
Phasing of the development;
k. Street and servicing layout, including on-site road pattern and traffic, and relation
to surrounding community in conformance with Town standards;
1.
Indicate any issues related to the long-term maintenance of streets and other
services;
m. Must meet the requirements of 4.1.4; and,
n. If required, an amendment to the Municipal Plan and Development Regulations
for adoption by the Council.
The Planned Unit Development would be prepared and reviewed by the Council
according to its regular development approval process.
2.3
OPTIONS IF YOUR PROPOSAL DOES NOT FIT THE LAND USE ZONES OR
DEVELOPMENT CONDITIONS/STANDARDS
2.3.1
Variances
Where the proposed development does not comply with the numeric development
standards set out in these Regulations for the zone in which the site occurs, Council may,
in its discretion, vary the applicable development standards to a maximum of ten percent
(10%) 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 public interest. (the 10% is stipulated in the Minister's Regulations and
cannot be amended by Council)
Council shall not allow a variance from development standards set out in the zone as set
out in these 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 ten percent (10%) variance even
though the individual variances are separately no more than ten percent (10%).
Council shall not permit a variance from the development standards where the proposed
use would increase the non-conformity of an existing development or would result in the
creation of non-conformity of any existing legal development.
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Where Council is to consider a proposed variance, Council shall give written notice to all
persons whose land is in the immediate vicinity of the land that is the subject of the
variance and allow a minimum period of seven (7) days for response. The applicant can
request the variance.
2.3.2
Non-Conforming Uses or Non-Conforming Development
Refer to Section 108(2) of the Urban and Rural Planning Act 2000 and Sections 14, 15, and
16 of the Ministerial Development Regulations (found in Appendix 2).
The following excerpts set out the requirements for non-conforming uses.
Section 108(2) of the Urban and Rural Planning Act 2000:
""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;" ...
" I 08. ( I) Notwithstanding a plan, scheme or regulations made under this Act, the minister, a council or regional
authority shall, in accordance with regulations made under this Act, allow a development or use of land to continue
in a manner that does not conform with a regulation, scheme, or plan that applies to that land provided that the non-
conforming use legally existed before the registration under section 24 of the plan, scheme or regulations made with
respect to that kind of development or use.
(2) Notwithstanding subsection ( I), a right to resume a discontinued non-confom1ing use of land shall not
exceed 6 months after that discontinuance unless otherwise provided by regulation under this Act.
(3) A building, structure or development that does not conform to a scheme, plan or regulations made under
this Act that is allowed to continue under subsection ( I)
(a) shall not be internally or externally varied, extended or expanded unless otherwise approved by the
minister or appropriate council, regional authority or authorized administrator;
(b) shall not be structurally modified except as required for the safety of the building, structure or
development;
(c) shall not be reconstructed or repaired for use in the same non-conforming manner where 50% or more of
the value of that building, structure or development has been destroyed;
(d) may have the existing use for that building, structure or development varied by the appropriate council.
regional authority or authorized administrator to a use that is, in their opinion more compatible with a
plan and regulations applicable to it;
(e) may have the existing building extended by the appropriate council, regional authority or authorized
administrator where, in its opinion that extension is not more than 50% of the existing building;
(t) where the non-conformance is with respect to the standards included in development regulations, shall
not be expanded if the expansion would increase the non-conformity; and
(g) where the building or structure is primarily zoned and used for residential purposes, may, in accordance
with the appropriate plan and regulations, be repaired or rebuilt where 50% or more of the value of that
building or structure is destroyed."
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Excerpt - Sections 14, 15, and 16 of the Ministerial Development Regulations 3/01:
"Residential non conformity
14. A residential building or structure referred to in paragraph I 08(3)(g) of the Act must, where being repaired or
rebuilt, be repaired or rebuilt in accordance with the plan and development regulations applicable to that building or
structure.
Notice and hearings on change of use
I 5. Where considering a non-conforming building, structure or development under paragraph I 08(3)(d) of the
Act and before making a decision to vary an existing use of that non-conforming building, structure or development,
an authority, at the applicants 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 I 08(2) of the Act with respect to the time by which a discontinued non-conforming use may
resume operation."
If a non-conforming development or land use is discontinued after these Regulations
came into legal effect, a right to resume a discontinued non-conforming use of land
shall not exceed two years 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:
-
The building or use of land is clearly vacated or the building is demolished,
-
The owner or tenant has ceased paying business taxes for that use, and
-
The owner or tenant has stated in writing that the use has ceased.
2.3.3
Amendment to Development Regulations
An amendment to these Development Regulations may be requested by any person and
shall be submitted to the Council. Note that this might also require an associated
amendment to the Municipal Plan.
All costs for the amendment are to be borne by the person requesting the amendment,
except when initiated by Council (Section 27 of Urban & Rural Planning Act, 2000).
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The amendment application shall be made by the property owner or a person operating
under the owner's written consent. A copy of this written consent must accompany the
application for an amendment to the text of the Development Regulations or rezoning of
the Land Use Zoning Map.
An amendment to the text of the Development Regulations and/or the Land Use Zoning
Map which requires an associated amendment to the Municipal Plan must follow the
amendment process set out in Sections 14 - 25 of the Urban and Rural Planning Act, 2000.
An amendment may be requested by any person and the associated costs are borne by
that person. The request shall be made to the Council.
An amendment to the text of the Development Regulations and/or the Land Use Zoning
Map which does not requires an associated amendment to the Municipal Plan does not
follow the full process set out in Sections 14-25 of the Urban and Rural Planning Act, 2000;
however, section 14 public consultation is required as part of the Council review process.
Council then must adopt the amendment by resolution of Council at a Regular Meeting of
Council (open to the public) as per Section 35 (5) of the Urban and Rural Planning Act,
2000. The Amendment must be submitted in the required form to the Local Governance
and Land Use Planning Division for Registration.
Where a Municipal Plan amendment and/or Development Regulation amendment is
required, all, or some, of the following criteria may be considered:
a. all of the criteria listed in the policies of the Municipal Plan;
b. the height, location, and spacing ofany buildings in the proposed development, and
any potential impacts on surrounding land uses;
c. the location of vehicular access points the likely impact of traffic generated by the
proposal on streets, pedestrian, and vehicular safety, and on surrounding properties;
d. the exterior design in terms of bulk, scale, and layout of buildings, and the
integration of these uses with present and future land uses in the area;
e. the potential impact of the development on surrounding natural features and
heritage resources;
f.
constraints posed by the environment, including but not limited to locations where
adverse effects from landfill sites, sewage treatment plants, methane gas,
contaminated soils, noise, ground borne vibration, and rail safety may limit
development;
g. compliance of the proposed development with the provisions of the Town's
Municipal Plan and Development Regulations; and,
h. measures planned by the applicant to mitigate any adverse impacts on surrounding
land uses and streets which have been identified as part of the Planning Impact
Analysis.
An applicant for a proposed change in land use may be required to provide information
and details on the development and its likely impacts.
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2.4
COUNCIL DECISION-MAKING
2.4.1
Discretionary Decision-making Powers of Council
In considering an application for a permit to carry out development, Council shall take
into account the policies expressed in the Municipal Plan and any further scheme, plan
or Regulations pursuant thereto, and shall assess the general appearance of the
development of the area, the amenity of the surroundings, availability of utilities, public
safety and convenience, and any other considerations which are, in its opinion, material,
and notwithstanding the conformity of the application with the requirements of these
Regulations, Council may, in its discretion, and as a result of its consideration of the
matters set out in this Regulation, approve, with conditions, or refuse the application.
2.4.2
Timely Decision-making
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 o days of the application being received by Council, shall be deemed to
be refused, unless deferred as per 2.4.3.
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2.4.3
Deferment of Application:
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Council may, with the written agreement of the applicant, defer consideration of an
application.
Council may defer decisions on an application for a Development Permit and/or an
application for an amendment to these Regulations within a specified area where Council
has directed that a planning study or other similar study pertaining to the future use and
development of the specified area be undertaken.
An application may be withdrawn only on receipt of a written request from the applicant.
2-4.4
Public Notice (Refer to Ministerial Development Regulations, Sections 13&15)
Council must, at the applicant's expense (Section 35 (1) of the Urban and Rural Planning
Act, 2000 ), publish a notice in a newspaper circulating in the area of the application and
consider any representations or submissions received in response to that advertisement,
for the following:
1. A change in a non-conforming use; notice of an application to change a non-
conforming use will be by advertisement in a newspaper circulating in the area, and a
minimum of seven (7) days will be provided for persons to respond.
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2. A proposed development is listed as a discretionary use; notice of an application
regarding a proposed discretionary use be by advertisement in a newspaper circulating
in the area, and a minimum of seven (7) days will be provided for persons to respond.
3. A Planned Unit Development is proposed; Council will publish a notice in a
newspaper circulating in the area or by other reliable means give public notice, and
will provide a minimum of fourteen (14) days for persons to respond; or,
If Council determines that the public should be notified of an application; notice of
the application will be by advertisement in a newspaper circulating in the area, and a
minimum of seven (7) days will be provided for persons to respond;
4. A Planning Impact Analysis is proposed; Council will publish a notice in a
newspaper circulating in the area or by other reliable means give public notice, and
will provide a minimum of fourteen (14) days for persons to respond;
5. Variance: Notification regarding a variance will be carried out as follows: A
variance; written notice of a variance application should be given directly to persons
whose land is in the immediate vicinity of the land that is the subject of the variance
who are likely to be affected (Minister's Development Regulations-see appendices)
and a minimum of seven (7) days will be provided for persons to respond;
2.4.5
Briefing Sessions
Council may require a public meeting to be held in respect of any matter arising under
these Regulations.
Council shall advertise or require the applicant to advertise the application by a minimum
of one (1) advertisement in a newspaper circulating in the local area at least ten (10)
calendar days prior to the holding of a briefing session where the application shall be
discussed.
The newspaper notice shall: (a) contain a general description of the application; (b)
specify the date set for the briefing session at which the application is to be discussed; (c)
specify the date set for receipt of written representation on the application by the Town;
(d) identify the place and time where the application can be viewed by the public; and (e)
specify that Council shall cancel the briefing session if no written response is received by
the deadline for the receipt of responses.
Council may make such effort as it deems reasonable to provide that written notices are
mailed to the addresses of property owners, as identified on the current Town's
assessment role, within a radius of at least 150 m from the application site, a minimum of
fourteen (14) calendar days prior to a briefing session where such application is discussed.
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Notes of the proceedings of the briefing session shall be recorded and these notes,
together with any written representations, shall be considered by Council when it makes
its decision on the matter, which is the subject of the briefing session.
An elected member of Council shall act as Chairperson of the briefing session.
2.4.6
Approval-in-Principle
Council may grant an approval-in-principle if it determines that the proposed
development 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 Municipal 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.
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.
Where approval- in-principle is granted under these regulations, it shall be subject to the
subsequent approval by Council of the details and conditions as listed in the Approval in
Principle, which shall be received not later than one year from the issuance of the
Approval in Principle. Approval- in-principle will not constitute permission to commence
development. No form of development will commence until Council has issued a proper
development permit.
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. If the details and conditions are not received, and
there is no request for an extension (as per 2.5.5) then the Approval in Principle is void
and the application is rejected.
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.
A decision by Council on an application for an approval in principle can be appealed in
accordance with Section 42 of the Urban and Rural Planning Act, 2000.
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2.4.7
Approval of 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. When approving an application for a
discretionary use, Council shall state in writing the basis for its approval.
3. A permit is valid for such period, not in excess of two years, as may be stated therein,
and if the development has not commenced, the permit may be renewed for a further
period not in excess of one year, but a permit shall not be renewed more than three
years; except for Signs (see 7.3).
4-
No person shall change the application for which a development permit was issued
unless written approval of the change has been issued by Council.
5. A copy of the development permit, along with plans and specifications, shall be kept
on the site until the development is completed.
6. A decision by Council on an application to undertake development can be appealed in
accordance with Section 42 of the Urban and Rural Planning Act, 2000.
2.4.8
Permit responsibilities of the applicant
The applicant must meet the requirements of the Regulations and conditions attached to
the permit to develop. Even though an applicant may receive a municipal development
permit, the applicant is responsible for ensuring compliance with all relevant federal and
provincial legislation, regulations, policies and guidelines prior to commencing a land use
or development. Council may require proof of compliance with federal or provincial
requirements before issuing municipal approval.
2.4.9
Temporary Use Permit
Definition: A temporary use permit means a permit for a development or the use of
land that is limited in scope, duration, and frequency and is allowed to operate on a short-
term basis, such as, a temporary outdoor market.
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Conditions:
1. At its discretion, Council may issue a development permit for a temporary use, which
must comply 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, up to a maximum of two (2) years.
2.4.10 Correction of Errors and Remedial Work
The approval of any plans or drawings or the issuance of a Development Permit or permit
shall not prevent Council or any officer from thereafter requiring the correction of errors
or from ordering the cessation of, or remedial work on any development being carried out
in the event that the same is in violation of these or any other regulations or statutes.
2.4.11 Revoke Permit
Council or any designated officer may revoke an approval and any subsequent permits for
(1) failure by the holder, to comply with these Regulations or any condition attached to
the permit or (2) where the permit was issued contrary to the applicable regulations or (3)
was issued on the basis of incorrect information.
2.4.12
Fee for Permit
Council may charge a fee for a development permit in accordance with the annual
schedule of fees adopted by Council.
2.4.13
Written Reasons for Refusing a Permit or Setting Conditions on a Permit
1. When refusing to issue a permit or attaching conditions to a permit, Council shall, in
writing:
a. state the reasons for so doing; and,
b. advise the applicant of their right to appeal in accordance with Section 42 of
the Urban and Rural Planning Act, 2000.
2. Where a Development Permit application for a land or building development or for an
amendment to the Development Regulations has been effectively denied by a resolution
of Town Council, application for the same development, building or amendment shall
not be considered within 12 months of the date of the refusal.
2.4.14
Refusal: Premature development
No permit shall be issued for development within the Municipal Planning Area when:
1.
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
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2. 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.
2.4.15
Appeal
A person or an association of persons aggrieved of a decision by the Council shall have the
right to appeal that decision in accordance with the provisions of Sections 42 to 46 of the
Urban and Rural Planning Act, 2000 and Sections 5 to 11 of the Minister's Development
Regulations.
The applicant must be informed of the right to appeal in the letter of refusal.
2.4.16
Register
Council shall keep a register of all applications for development and shall enter therein
Council's decision upon each application and the result of any appeal from that decision.
2.5
SPECIAL CONDITIONS FOR DEVELOPMENT
2.5.1
Development Agreement
Definition: A development agreement is a voluntary contract between a local jurisdiction
and a person who owns or controls property within the jurisdiction, detailing the
obligations of both parties and specifying the standards and conditions that will govern
development of the property.
These agreements can specify various elements of the development process ranging from
phasing of a larger comprehensively planned community, to tax-sharing for retail
development, to critical infrastructure responsibilities. Development agreements are
sometimes used in combination with a Planned Unit Development (Section 2.5.1), or a
Development Scheme, Section 29 of the Urban and Rural Planning Act, 2000, in the form
of a binding agreement that specifies the negotiated terms of the development, but these
tools may also be used independently.
Where a Development Agreement is required as a condition of a Development Permit or
approval-in-principle, the Development Agreement set out the terms specific to that
agreement and shall be signed by the applicant and Council within one year of the
approval granted by Council.
Development cannot proceed until all conditions of the Development Permit are met and
the Development Agreement is signed by the applicant and Council.
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2.5.2
Planning Impact Analysis
Council may require a Planning Impact Analysis to evaluate any proposed land use,
development and/or situation that affects the implementation of policies contained in the
Municipal Plan.
A Planning Impact Analysis (PIA) may be required by Council to evaluate applications to
determine the appropriateness of a proposed change in land use, and to identify potential
issues and provide proposals for mitigation. The PIA will document the criteria used in
the application review process.
The Terms of Reference for a Planning Impact Analysis shall be approved by Council prior
to its execution and shall become an integral part of the report itself. The PIA shall be
prepared by qualified individuals/consultants. The report and any supporting studies
may be prepared at the expense of the applicant, at Council's discretion. The report shall
identify significant impacts, evaluate their importance, and recommend a Mitigation Plan
indicating measures of control or mitigation, where appropriate.
Prior to the approval of a Planning Impact Analysis, Council shall provide adequate time
for a public review of the report, as outlined in Section 2.4,4.
2·5·3
Financial Guarantees by Developer
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 guarantee
the payment of service levies, ensure site reinstatement, and to enforce the carrying out of
any other condition attached to a permit.
The financial provisions may be made in the form of:
a. a cash deposit from the developer, to be held by Council;
b. a security or 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.
The financial guarantee will be returned when the site has been restored and any
conditions attached to the development permit have been carried out to Council's
satisfaction.
2.5.4
Service Levy
Council may require a developer to pay a service levy wheire development is made possible
or where the density of potential development is increased, or where the value of real
property is enhanced by the carrying out of public works either on or off the site of the
development (Section 149 (2) Municipalities Act, 1999).
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A service levy shall not exceed the cost, or estimated cost, including finance charges to
Council of constructing or improving the public works referred to above 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.
A service levy may 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.
Council may require a service levy to be paid by the owner of the real property; (a) at the
time the levy is imposed, (b) at the time development of the real property commences, (c)
at the time development of the real property is completed, or (d) at such other time as
Council may decide.
2.5.5
Require Land Conveyed for Public Work Purpose
A Council may, for a development that is not involving a subdivision, require a portion of
the land to be developed to be conveyed to the Town for a public purpose where public
works are required to accommodate the proposed for development.
2.5.6
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.
2.6
ENFORCEMENT AUTHORITY
2.6.1
Delegation of Authority
The Urban and Rural Planning Act, 2000 provides for delegation of enforcement
responsibilities under Section 109. An order made by an employee shall be confirmed by a
majority vote of the members of the council present at the next meeting of that Council
after the order is made and if the order is not confirmed in this manner, it shall be
considered to be cancelled.
2.6.2
Right of Entry
Council or an officer may enter upon any public or private land and may at all reasonable
times enter any development or building upon the land for the purpose of making surveys
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or examinations or obtaining information relative to the carrying out of any development,
construction, alteration, repair, or any other works whatsoever which Council is
empowered to regulate.
2.6.3
Enforcement Authorities
1. Where it is determined that a use of land or development is contrary, or apparently
contrary, to the Municipal Plan and Development Regulations, Council may initiate
enforcement measures by issuing a stop work order.
2. A stop work order requires that person to stop the development or work connected
therewith pending the final adjudication in any prosecution arising out the of the
development.
3. Every inspector shall keep a record of any violation of these Regulations and report that
violation to Council.
4. A person who does not comply with an Order is guilty of an offence under the provisions
of the Urban and Rural Planning Act, 2000.
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3.0
LAND USE ZONES
3.1
ZONES AND USE ZONE TABLES
3.1.1
Land Use Zones
1. The Municipal Planning Area is divided into Land Use Zones which are shown on the
Land Use Zoning Maps attached to, and forming part of, these Regulations. For each
zone, the intent and governing policies are set out in Chapter 3 of the Municipal Plan.
2. 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 Development Regulation
amendment shall be required in order to accommodate minor adjustments of the Use
Zone boundaries.
3. 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.
4. Where there is uncertainty regarding the existence of a watercourse identified on the
zoning map, this can 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 the
surrounding zone.
5. The following zones were developed to reflect the needs of the Town of St. Joseph's:
1. Residential (RES)
2. Mixed Use (MU)
3. Commercial ( C)
4. Public Use (PU)
5. Industrial (I)
6. Recreation Open Space (ROS)
7. Conservation (CON)
8. Rural (RUR)
3.1.2
Land Use Zone Tables
This Chapter provides a Use Zone Tables which sets out the permitted, and discretionary
uses for each Zone. The standards, requirements and conditions applicable to these Uses
are set out in an associated Site Development Standards table, conditions, with reference
to Chapters 4, to 7. Sections 2-4-1 and 2.4.14 provide Council with discretion regarding
decisions.
The measurements on the for development standards are metric; therefore, 'm' means
metre and 'm2 ' means square metres.
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3.1.2.1 Permitted Uses
Subject to these Regulations, Permitted Uses set out in the Use Zone Table shall be
permitted by the Council in that Use Zone provided that it meets the development
standards and requirements of the Development Regulations.
3.1.2.2 Discretionary Uses
The discretionary uses listed in the Use Zone Tables may be permitted at the discretion of
Council, provided that they are complimentary to uses within the permitted use class, or
that their development will not inhibit or prejudice the existence or the development of
such uses. (Refer to the Development Standards set out in Chapters 3, 4, 5, 6 and 7).
Council must be satisfied that the development would not be contrary to the general
intent and purpose of these Regulations, the Municipal Plan, or any further scheme or
plan or regulation pursuant thereto, and to the public interest.
Council is required to provide public notice of the application in accordance with
Provision 2.4.4 and has considered any objections or representations which may have
been received on the matter.
3.1.3
Accessory Uses and Accessory Building
A permit is required for accessory buildings. Definitions and examples of an accessory use
and accessory building is provided in Chapter 5.
3.1.4
Uses Not Permitted
Uses that are not listed as Permitted or Discretionary Use on a Use Zone Table shall not
be permitted in that Use Zone.
3.1.5
Uses Permitted in All Land Use Zones
The following uses will be permitted in all land use zone.
1. Conservation uses including Environmental protection uses (Section 3.7) and Open
space/park, & trail uses (Section 3.7);
2. Mineral exploration not classed as 'Development' (Section 4-4-9);
3. Development associated with public utilities and municipal services, including
public infrastructure and public utilities-Refer to Section 4-8;
4. Accessory use: Wharf/boathouse/slipways/breakwater, subject to 5.2.1(6) where
they are accessory to a principal use.
5. Accessory Uses and Accessory Buildings, provided the buildings are clearly
incidental and complimentary to the main buildings' character, size and use.
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3.1.6
Development Conditions and Standards
1. All Development within the Municipal Planning Area must conform to:
a. Policies set out in the Municipal Plan;
b. Development requirements set out in the Development Regulations;
c. Standards set out in the National Building Code and ancillary codes (plumbing,
electrical, etc.);
d. Any other municipal regulation or bylaw in force in the Municipal Planning Area
regulating or controlling development, conservation, heritage, fences, and use of
land and buildings under the Municipalities Act, 1999;
e. Requirements of Federal and Provincial legislation, regulations, policies and
guidelines.
2 . If Council is aware that a proposed development may not comply with Provincial or
Federal legislation, it may require the applicant to provide confirmation that necessary
government approvals have been obtained before issuing a development permit.
3. If Council deems that a proposed development may trigger the requirements of the
Environmental Protection Act, 2002 the proponent will be advised to consult with the
Environmental Assessment Division and a development permit cannot be issued until
this process is complete.
4. Where these Regulations are more stringent than Provincial or Federal legislation, these
Regulations will apply.
5. If the proposed development is not a use that is a permitted or discretionary use in the
Zone where the land is located; then, the applicant may consider an application to
rezone the property.
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3.2
RESIDENTIAL
USE ZONE TABLE: RESIDENTIAL
PERMITTED USES
DISCRETIONARY USES
-Single detached dwelling (4.7.1)
-Townhouse (4.7.5)
-Garden Suite (4.7.4)
-Semi-detached dwelling (4.7.2)
-Mini-homes (not mobile homes) (4.7.6 (a))
-Home businesses-(5.3.1) as set
-Apartment building (4.7.7)
out in Condition 3
-Group Home (4.7.9)
-Subsidiary apartment
-Convenience store (4.3.12)
-Uses set out in 3.1.5
-Urban agriculture (4.2.2)
-Public Gathering Places-Indoor (4.6.4)
-Energy generating facility - residential only (4.4.2)
-Home businesses-(5.3.1) as set out in Condition 4
SITE DEVELOPMENT STANDARDS: RESIDENTIAL
Single Dwelling
Minimum
No services
One service:
Standards
provided
water
Lot area ( m2 )
1860
1400
Frontalle (m)
10
21
BuildinQ Line Setback (m)
8
8
Side vard Width (m)
"
"
Side yard, Flanking (m)
15
15
Rear vard Deoth ( m)
l°'
l °'
Maximum Standard
Height (m)
10
10
Conditions
1.
Development must conform to the requirements of Section 3.1.6.
2. Onsite servicing must meet requirements of Department of Digital Government and
Service NL;
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3. Home business permitted uses include:
-
Professions, such as an accountant, architect, auditor, engineer, realtor,
insurance agent, planner, lawyer;
-
Artisan and other home crafts;
-
Telephone and mail order business;
4. Home businesses as discretionary uses, including but not limited to:
-
Food preparation for catering services and baking;
-
Music and dance lessons, and educational tutoring
-
Personal service that do not disrupt the residential character of the
neighbourhood, such as a hairdressing, tailor, photographer, pet groomer,
caterer's establishment, shoe repair, dressmaking, sewing repairs and tailor
shop, small appliance, clock/watch, bicycle, ski and snowboard and computer
repair, locksmiths, manicurists;
-
Care services, such as child care, or home-care; and similar occupations or
businesses.
-
Art gallery and framing shop;
-
Pet grooming services;
-
Bed and Breakfasts;
-
Boarding house
-
Home care-residential
-
Furniture repair and upholstery;
-
Sale of bedding plants and trees grown on the same lot;
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3.3
COMMERCIAL
USE ZONE TABLE : COMMERCIAL ZONE
PERMITTED USES
DISCRETIONARY USES
- Commercial Land Use Class (4.3): All Uses,
-Public Gathering-Indoor (4.6.4)
EXCEPT Amusement Park/Attraction (4.3.1),
Campgrounds (4-3.8), Resort (4.3.22)
-Uses set out in 3.1.5
DEVELOPMENT STANDARDS: COMMERCIAL USE
Minimum Standards
Front yard (building line) (m)
At the discretion of Council
Side yard (m):
At the discretion of Council provided that there is
a minimum of 4 m between adjacent buildings
Flanking yard (m):
4
Rear yard (m):
5
Maximum Standard
Height (m)
15
Condition
1.
Development must conform to the requirements of Section 3.1.6;
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3.4
MIXED USE
USE ZONE TABLE: MIXED USE ZONE
PERMITTED USES
-Club and Lodge (4-3.10)
-Convenience store (4.3.12)
-General Service/repair (4-3.14)
-Medical or Dental Clinic (4.3.17)
-Offices ( 4.3.21)
-Personal Service (4.3.20)
-Public Gathering Place - indoor (4.6.4)
-Restaurant - full service (4.3.23)
-Retail (4.3.24)
-Single detached dwelling (4.7.1)
-Home businesses-(5.3.1) only those set out in
Condition 2-all others are discretionary uses
-Uses set out in 3.1.5
Conditions
DISCRETIONARY USES
-Bar (4.3.6)
-Semi-detached dwelling (4.7.2)
-Townhouse (4.7.5)
-Home businesses-(5.3.1) those not set
out in Condition 2 (which are
permitted)see list below
(1) Development must meet the standards for Department of Digital Government and
Service NL regarding lot size and configuration to ensure that water and sewer are
installed to their standard (refer to Residential zone development standards).
(2) Home business permitted uses include:
a. Professions, such as an accountant, architect, auditor, engineer, realtor,
insurance agent, planner, lawyer;
b. Artisan and other home crafts;
c. Telephone and mail order business;
(3) Home businesses as discretionary uses, including but not limited to:
-
Food preparation for catering services and baking;
-
Music and dance lessons, and educational tutoring
-
Personal service that do not disrupt the residential character of the
neighbourhood, such as a hairdressing, tailor, photographer, pet groomer,
caterer's establishment, shoe repair, dressmaking, sewing repairs and tailor
shop, small appliance, clock/watch, bicycle, ski and snowboard and computer
repair, locksmiths, manicurists;
-
Care services, such as child care, or home-care; and similar occupations or
businesses.
-
Art gallery and framing shop;
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Pet grooming services;
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Bed and Breakfasts;
-
Furniture repair and upholstery;
- S 1 fb dd.
1
d
a e o
e
mg pants an trees grown on t h e same ot;
DEVELOPMENT STANDARDS: MIXED USE ZONE
Single
Semi-
Commercial Land use class
Minimum
Detached
Detached
Uses
standards
Dwelling
Dwelling
Townhouse
Lot size
n/a
(m2)
Boo
270/unit
180/unit
Front (m)
2 0
10/unit
6/unit+9 for
20
each end unit
Building
At discretion of Council
Line (m)
10
10
8
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At the discretion of Council
Side Yards
provided that there is a
(m)
1& 3
3
3
minimum of 4 m between
adjacent buildings
At the discretion of Council
provided that there is a
Flanking
8
8
5-7
minimum of 4 m between
Yard (m)
adjacent buildings
Rear Yard
8
5
(m)
8
8
Maximum Standards
Lot
Coverage
33
33
33
38
%
Maximum
Height (m)
8
8
10
8
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3.5
PUBLIC USE
USE ZONE TABLE: PUBLIC USE
PERMITTED USES
DISCRETIONARY USES
-Public/ Institutional Uses -ALL (4.6) (including Town
-Club and lodge (4.3.10)
office and Town depot
-Outdoor Market (4.3.19)
-Public Gathering-Indoor (4.6.4)
-Uses set out in 3.1.5
DEVELOPMENT STANDARDS: PUBLIC USE
Minimum Standards
Frontage (m)
15
Front yard (building line) (m)
8
Side yard (m)
4
Flanking yard (m)
8
Rear yard (m)
15
Maximum Standards
Height (m)
18
Coverage(%)
45%
Conditions
1.
Development must conform to the requirements of Section 3.1.6
2. All
Public/Institutional
developments
shall
provide
information
regarding
access/egress, on-site parking, and loading details.
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3.6
INDUSTRIAL
USE ZONE TABLE
INDUSTRIAL
PERMITTED USES
DISCRETIONARY USES
-Industrial-General (4.4.5)
-Retail (4.3.24)
-Fisheries use (4.4.3)
-Contractor-general (4.4.1)
-Marina (4.3.16)
-Uses set out in 3.1.5
1.
Development must conform to the requirements of Section 3.1.6
2.
All industrial general uses shall provide information regarding access/egress, on-
site parking, and loading details.
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3.7
CONSERVATION
USE ZONE TABLE: CONSERVATION
PERMITTED USES
DISCRETIONARY USES
- Environmental Protection (4.5.1)
-Forest activities-domestic harvest only (4.4.4)
- Open Space, Parks and Trails
-Fishery use (4.4.3)
(4.5.2)
-Marina (4.3.16)
-Uses set out in 3.1.5
Conditions
1.
Development must conform to the requirements of Section 3.1.6;
2. Any development within a specified distance of a designated trail or water course will
be reviewed to ensure that development does not negatively impact such trail or
watercourse, and the property owner may be required by the Town to provide a buffer.
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RECREATION OPEN SPACE
USE ZONE TABLE
RECREATION OPEN SPACE
PERMITTED USES
DISCRETIONARY USES
-Open Space, Parks and Trails (4-5.2)
-Public gathering places-outdoor (4-6.5)
-Restaurant - Mobile Take Out, Street Vendor
only (4.3.23.3)
-Uses set out in (3.1.5)
-Outdoor Market (4.3.19)
1.
Development must conform to the requirements of Section 3.1.6
2 .
Development standards for uses in the Recreation Open Space zone shall be as per
the standards in the other zones where these uses occur; namely, the Commercial
and Public Use zone;
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3.9
RURAL
USE ZONE TABLE : RURAL ZONE
PERMITTED USES
DISCRETIONARY USES
-Commercial Agriculture (4.2.1)
-Outdoor Market (4.3.98)
-Forestry Activities ( 4.44)
-Natural Resource-Related Uses
-Mineral Working (4-4-10)
(4.4.12)
-Cottage (4.7.8)
-Public Gathering - Outdoor (4.6.5)
-Contractor- General (4.4.1)
-Amusement Park/Attraction (4.3.1)
-Open Space, Park & Trails (4.5.2)
-Salvage/scrap yard (4.4.13)
-Protective and Emergency Services (4.6.3)
-Service Station (4.3.25)
-Resort (4.2.21), including interpretation centre
-Kennel (4.2.2.4)
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-Cemetery (4.6.1)
-Marina (4.3.16)
-Campground (4.3.8)
-Residential: (1) Single detached
-Uses set out in 3.1.5
dwelling only in association with a
permitted use (4.7.2) such as
commercial agriculture
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Conditions
1.
Development must conform to the requirements of Section 3.1.6;
2. Any applications regarding Commercial Agriculture must be referred to the Land
Stewardship Division;
3. The Development standards are at the discretion of Council.
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4.0
LAND USE AND DEVELOPMENT DEFINITIONS AND STANDARDS
4.1
INTERPRETATION
The land use definitions provide a description of the use or development in terms of its
structural form and level of activity generated in terms of pedestrian or vehicular traffic,
noise, visual appearance, and any other considerations that constitute the impact the
neighbourhood, street or zone in which it occurs. The examples provided are not
intended to be exhaustive so that if a new use with a modern 'label' fits a category of use
defined under a land use class, Council may, in its discretion apply the relevant the
regulations and conditions accordingly. Wherever possible, the goal was to achieve
consistency with federal and provincial terms and definitions.
4.2
AGRICULTURE LAND USE CLASS
4.2.1
Commercial Agriculture:
Definition: Commercial Agriculture means 'farm operation' as specified in the Farm
Practices Protection Act, .2000.
Conditions:
1) No structure for a Livestock and Poultry Farm Operation shall be erected or used
unless it complies with the conditions set out in the 'Environmental Farm Practices
Guidelines for Livestock Producers in Newfoundland and Labrador' and
'Environmental Farm Practices Guidelines for Poultry Producers in Newfoundland and
Labrador';
2) The structure shall be at least 600 metres from:
a. a residence (except a farm residence or a residence which is a nonconforming
use in any zone in which agriculture is a permitted use class in the Use Zone
Table of these Regulations),
b. an area designated for residential use in an approved Municipal Plan, and
c. a Provincial or Federal Park.
3) The structure shall be at least 45 metres from the boundary of the property on which it
is to be erected.
4) The structure shall be at least 90 metres from the centre line of a street.
5) The erection of the structure shall be approved by the Land Stewardship Resource
Division, Government of Newfoundland and Labrador.
6) Manure storage must be located 100 metres from the boundary of the property;
Department of Digital Government and Service NL must approve all manure systems
7) No development for residential use shall be permitted within 600 metres of an existing
structure designed to contain more than five animal units unless the development is
first approved by the Land Stewardship Resource Division, Government of
Newfoundland and Labrador.
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8) Approvals must be obtained from the Land Stewardship Resource Division,
Government of Newfoundland and Labrador for 'any commercial farming operation.
9) The Town, in its discretion, may refuse to issue a-permit for an agricultural operation
where in its opinion the use is likely to create an environmental hazard or a nuisance
to residences in the general vicinity of the proposed agricultural use.
4.2.2
Urban Agriculture
Definition: Urban Agriculture means non-farm operation agricultural activities that are
compatible within a developed urban setting, such as some residential and mixed-use
zones, and includes, but is not limited to, horticulture, vegetable growing, fruit growing,
and the use of land as market gardens, nursery grounds, and community gardens, and the
keeping of livestock and poultry.
4.2.2.1 General Conditions:
1) Urban agricultural uses must meet the requirements for a home business (refer to 5.3);
2) A permit is not required for any residential market garden or home gardening that
does not involve permanent structures, on-site sales, or keeping of domestic pets (cats,
dogs) except or kennels (4-2.2.4).
4.2.2.2 Community Garden
A community garden use shall be subject to the following conditions:
1) Community gardens are to be maintained in a neat and tidy fashion; and
2) All disturbed areas not comprising the area of the community garden are to be
reinstated with a minimum of grass sods to the satisfaction of the Town.
4.2.2.3 Livestock and Poultry (and fowl)
The following standards apply to livestock and poultry (and fowl):
1) For every 0.4 ha (with a minimum of 0.4 ha), only one of any of the following is allowed
(or a combination):
a.
2 of these livestock species: cow, bull, horse, mule, ass, swine or llama, and
includes their young;
b. 6 sheep/goats;
c.
12 head of poultry (excluding roosters);
d. 12 rabbits; and,
2) On lots smaller than 0-4 ha, but greater than 669 m2 = 4 chickens, no roosters shall be
allowed.
4.2.2.4 Kennel
Definition: Kennel means a building or portion thereof used for the keeping or
boarding of more than eight (8) domestic pets, excluding livestock, kept for the purposes
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of commercial breeding or showing, or for personal use, with or without veterinary care,
and includes an animal shelter.
Conditions:
1) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
2) The outside perimeter of all areas related to the kennel where animals are kept shall
be enclosed by a solid fence or fence, and a solid hedge at least 1.8 m in height to
screen the areas from adjacent properties;
3) The kennel must be located on a lot of 2 hectares or more;
4) All buildings related to the kennel should contain at least 8 cm of insulation in all
exterior walls and ceiling for the purpose of soundproofing;
5) All buildings, pens and runs shall be sited not less than 15 m from any property line,
and 90 metres from any residence except the kennel site; and,
6) Council shall be satisfied that the kennel shall not impact upon surrounding
residential neighbourhoods.
4.3
COMMERCIAL LAND USE CLASS
This class includes land uses and development for activities providing for the sale of
goods and services.
4.3.1
Amusement Establishment/Use
Definition: Amusement establishment use means the use of land or a building or a part
thereof used by the public for indoor non-sport games, including but are not limited to,
billiard and pool halls, bingo hall, mechanical amusement games (more than three game
machines), video games. lt does not include those on the premises of a hotel or bar.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Must address traffic access/egress and on-site movement as well as parking;
3) For a temporary permit in particular, must address site rehabilitation after event;
4.3.2
Amusement Park/Attraction
Definition: Amusement Park/attraction means an outdoor area where buildings or
structures may be permanently or temporarily erected for the purpose of amusement,
entertainment or education of a large number of people; including but are not limited to,
a circus, carnival, midway show, race-track, sideshow, fairgrounds, or similar exhibition
which may have mechanically or electrically operated amusement rides or games, and
theme parks.
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Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2-4);
2) Must meet Use Zone Site Development Standards and conditions or except for
temporary amusement operations;
3) Appropriate noise and separation measures shall be incorporated into the development
to reduce noise impact on surrounding properties;
4.3.3
Auto Body Shop
Definition: An auto body shop consists of a building or a clearly defined space on a lot
used for the storage and repair of motor vehicles including body repair, painting and
detailing, but does not include a service station or an automobile repair shop or an
automotive sales establishment.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Must be of 20 metre from a residential lot;
3) Appropriate noise and separation measures shall be incorporated into the development
to reduce noise impact on surrounding properties;
4) There shall be no outdoor storage of inoperable vehicles on the premises and no
scrapping of vehicles shall be permitted;
5) Must apply measures to minimize any noise, spray or fumes through the installation of
appropriate equipment; and all waste fluids and tires shall be disposed of in accordance
with applicable provincial regulations;
6) Appropriate noise and separation measures shall be incorporated into the development
to reduce noise impact on surrounding properties; and,
7) A parking area abutting a residential lot should be appropriately screened by a fence,
wall, or hedge of height of about 2.4 metres and located a minimum distance of 1 metre
from the edge of the parking area.
4.3.4
Automotive Repair Shop
Definition: An automotive repair shop means a development for the servicing and repair
of motor vehicles. This definition includes but is not limited to transmission repair shops,
muffler repair shops, tire shops, automotive glass shops, auto body repair, painting and
detailing, and automotive upholstery shops, but does not include an automotive sales
establishment, a service station, or salvage or wrecking and recycling yard.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise and separation measures shall be incorporated into the development
to reduce noise impact on surrounding properties;
3) There shall be no outdoor storage of inoperable vehicles on the premises and no
scrapping of vehicles shall be permitted;
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4) Outline measures to minimize any noise, spray or fumes through the installation of
appropriate equipment; and all waste fluids and tires shall be disposed of in accordance
with applicable provincial regulations;
5) Council may require a minimum buffer between residential use and vehicle repair,
body repair, car wash from residential use; and,
6) Council may require a parking area abutting a residential lot be appropriately screened
by a fence, wall, or hedge of height not less than 1 metre and located a minimum
distance of 1 metre from the edge of the parking area.
4.3.5
Automotive Sales and Service Establishment
Definition: An automotive sales and service establishment means a lot, building or
structure used for the display and sale of new or new and used motor vehicles, including
trucks and mobile homes; and may include the servicing, repair, cleaning, polishing, and
lubrication of motor vehicles; the sale of automotive accessories and related products; and
the leasing or renting of motor vehicles.
Conditions:
1) The developer shall submit to Council an acceptable Planned Unit Development
application (2.2.2 & 2.2.4), which shall include the following:
a. the number and location of parking spaces,
b. ingress and egress of the parking lot,
c. motor vehicle circulation pattern around the lot,
d. location of any building on the lot,
e. area to be landscaped and screened and the type of landscaping to be used, and
f.
customer parking in accordance with these regulations.
2) The automotive sales use should have a principal building on the lot in which the
business is conducted. The principal building will include washroom facilities and
should be connected to municipal water and sewer services where such services exist.
Where municipal water and sewer services do not exist, the washroom facilities of the
principal building be approved by and meet the requirements of the Department of
Digital Government and Service NL
3) Council may require that the automotive sales lot be paved and provide drainage,
lighting, curbs, and landscaping in accordance with the requirements of Council;
4) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
5) The automotive sales use shall be properly licensed by the provincial government
prior to the use commencing.
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4.3.6
Bar/Licenced Liquor Establishment
Definition: A Bar means a development licensed for the sale of alcoholic beverages to
the public, for consumption within the premises and where entertainment and meals may
be provided. Typical Uses include but are not limited to, dance clubs, cabarets,
nightclubs, lounges, tavern, neighbourhood pubs and bars, brewpubs, beverage rooms,
private clubs, cocktail lounges, and similar uses.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions; and,
2) Recommend consideration of a separation distance of 100 m from a residential Jot;
3) Appropriate noise and separation measures shall be incorporated into the development
to reduce noise impact on surrounding properties;
4.3.7
Building Supply Store
Definition: A Building supply store means a building or land on which building and
construction supplies and home improvement materials are kept for sale.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions; and,
2) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
3) Recommend that storage of supplies is appropriately screened and/or fenced in order
to prevent unsightly property.
4.3.8
Campground, including RV campgrounds
Definition: Campground (including RV campgrounds) means a public or privately-
operated facility offering overnight to seasonal camping experiences for 3 or more tent
sites or serviced recreational vehicle sites, associated rental cabins, and including
accessory administrative offices, convenience store, laundry facilities, sanitary facilities,
recreational hall, and associated recreational uses that cater to short-term guests, not to
year-round residents and does not include industrial, work or construction camps or
permanent mobile home or mini-home parks;
Conditions:
1) A proposed campground, including trailer and Recreational Vehicle park, will require
a Planned Unit Development application (2.2.2 & 2.2.4) satisfactory to Council
containing the following information:
a. Location and size of camp and trailer sites;
b. Internal roads, accesses and parking areas;
c. Parking areas for proposed campground;
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d. Accessory uses such as laundry facilities, storage areas, washrooms, showers,
convenience store, staff accommodations, and outdoor and indoor recreation
facilities;
·
e. Water supply and waste disposal;
f.
Landscaping for proposed campground;
g. Buffers and screening between the site and other nearby land uses;
h. Delineation of the property to be developed on a legal survey;
1.
Where deemed necessary by Council, a phasing plan for development;
J·
On-site water and sewer services must meet minimum standards required by
Council and relevant Provincial agencies;
k. Washroom facilities, recreational areas, parking areas, and similar facilities
directly associated with the development will not be located on separate
properties.
2) All camp sites and on-site facilities that form part of the development will be
accessible only via the internal road network of the development.
3) The development permit will specify the maximum number of campsites for different
uses such as tents, trailers, and RVs that will be permitted on the site.
4) No expansion or alteration of a campground, other than repairs and maintenance, will
take place without the approval of Council.
5) The operation will comply with all regulations of Council pertaining to noise and
unruly behaviour.
6) Where deemed necessary by Council, 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.
4.3.9 Child Care-Non-residential (Note: residential child care is under Home
Business)
Definition: Child care - Non-residential means a building or part of a building in which
personal care services are regularly provided to children for group day care, family day
care, pre-school, play school, out-of-school care, specialized day care, and emergency day
care, all as licensed and regulated by the Province of Newfoundland and Labrador, but
does not include a school as defined by the Schools Act, 1997 (Note: Child care-residential
is found in section 5.3.2.3)
Conditions:
1) A Child Care Centre shall be duly licensed and approved, staffed, equipped and
operated in accordance with the requirements of the agencies having jurisdiction or
authority;
2) The section of the street on which the use is located allows sufficient area and sight
distance for the safe and convenient drop off and pick up of children without
hindering the safety and convenience of vehicular and pedestrian traffic on the street,
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or the development provides adequate off-street drop off or pick up spaces satisfactory
to Council; and,
3) The use must be compatible with nearby uses.
4.3.10
Club and Lodge
Definition: Club and Lodge means a building or structure used by a non-profit
association or organization for fraternal, social, or recreational purposes, including but
not limited to such examples as, the Lion's Club, Kinsmen Club. Note that this can also
be an Accessory Use (refer to sub-section 5.1)
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Note that this can also be an Accessory Building (refer to section 5.1)
4.3.n Contractor, Limited (Small)
Definition: Contractor, limited (small) means a building or part thereof providing
services for electrical, plumbing, heating, painting, and similar contractor services to
individual households including accessory sale of goods associated with this service where
and there is no accessory manufacturing or fleet of vehicles consisting of more than 4
vehicles.
Conditions:
1)
Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
3) Recommend that all materials are within an enclosed building
4.3.12 Convenience Store
Definition: Convenience store means a building which is used as a retail store providing
a range of household and grocery items, and may include, but not limited to, postal
se1Yices, take-out, and may be licensed to sell alcohol, but is not a supermarket. The
convenience store may also be a subsidiary use within a primary use, such as a service
station.
Conditions:
1) The store may form part of, or be attached to, a dwelling unit or be a stand-alone
building;
2) The retail use shall be subsidiary to the residential character of the area and shall not
affect residential amenities or adjoining properties;
3) The take-out use shall be subject to the conditions set out in 4.3.26.1;
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4) Adequate provision for on-site parking, loading, buffering and landscaping must be
provided;
5) The hours of operation are appropriate to the nature of the building and surrounding
neighbourhood and the operation does not create a nuisance.
6) Must meet Use Zone Site Development Standards and conditions;
7) A Take Out associated with a convenience store should be subject to the following
standards:
a. A Take-Out Food Use should have a parking area or stacking lane with a
minimum length before the pick-up window, as determined by Council during
the review of the application based on the anticipated on the level of traffic to be
generated as indicated in the application;
b. Order boards and signage shall be designed to minimize impact on adjacent
residential or institutional uses.
c. As determined by Council: A buffer consisting of a sound-proof fence and
landscaping may be required adjacent to residential uses. A fence, berm, and
landscaping or a combination of these elements shall be used to reduce
headlight glare, lighting, and noise from the Take-Out; garbage receptacles
shall be placed either before the pick-up window or after the pickup window.
4.3.13
Custom Manufacturing Service and Sales (small/artisan)
Definition: Custom manufacturing service (small/artisan) means a building where goods
are stored, produced, assembled, or repaired to consumer specifications and sold at retail
on the premises and may include, but not limited to, welding, sheet metal, woodworking,
flooring and tile contractors, and machine shop.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise and separation measures shall be incorporated into the development
to reduce noise impact on surrounding properties;
4.3.14
General Service/Repair Shop
Definition: General Service/repair shop means an outlet for servicing, repairing,
installing, or renting items and equipment, without limiting the generality of the
foregoing, includes but is not limited to the following examples, radio, television, and
computer service and repair shops; locksmith shops; small appliance service or repair
shops; household and 'contractor limited' service or repair shops; tools and equipment
rental shops.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions
2) Appropriate noise and separation measures shall be incorporated into the development
to reduce noise impact on surrounding properties.
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4.3.15
Hotel or Inn
Definition: Hotel or Inn means a commercial establishment offering lodging and guest
services to travelers and sometimes to permanent residents, and may have restaurants,
meeting rooms, conference facilities, a lounge, stores, etc., that are available to the
general public. In general, to be called a hotel (not a bed and breakfast), an establishment
must have a minimum of five letting rooms accessed from within the building, at least
three of which must have ensuite private bathroom facilities.
Conditions:
(1) Require to submit a Planned Unit Development application (2.2.2 & 2.2-4);
(2) Must meet Use Zone Site Development Standards and conditions
(3) A Hotel or Inn is for temporary accommodation. The unit is not a place of residence or
dwelling. Units may be rented on a temporary basis but not as an open-ended monthly
apartment.
(4) The Hotel or Inn shall contain a lobby with a front desk and office, along with a
maintenance, housekeeping and laundry room(s) large enough to accommodate the
needs of the commercial-residence.
(5) Housekeeping services including cleaning, provision of clean linen and towels (daily or
weekly) will be provided. Hostels may additionally offer organized and managed
cooperative cleaning and cooperative kitchen.
(6) Access to units will be through or associated with a clearly defined lobby. Exterior access
to units can be provided as long as access to each unit is from a common parking lot on
the site,
(7) Units will not have individual driveways to the street. Parking will be provided in a
parking lot with parking spaces and aisles and access for the overall parking lot to the
street.
(8) The Hotel or Inn will have an overall cohesive design including a prominent lobby,
pleasant appearance from the street, clear parking lot street entrance and design with a
dust free surface, and landscaping (trees, shrubs, lawn) in setbacks and open areas.
(9) There will not be separate utility connections or utility billing or addressing for
individual rooms.
4.3.16
Marina
Definition: Marina means a dock or basin together with associated facilities where slips,
moorings, supplies, repairs, and other services that are typically available for boats and
other watercraft, including storage, sales and rentals, with or without a club house and
catering facilities. It can also include a boat-house or shed associated with a dock or
wharf.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
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3) Provide and maintain public access to the shoreline via a walkway, path or trail,
located, designed and constructed to the satisfaction of the Council
4) Parking shall be provided for both vehicles and boat trailers with adequate turning
areas within the parking lot;
5) Outdoor storage areas for boats or other equipment should be landscaped and
screened to the requirements of the Council;
6) Marinas should be serviced with a supply of potable water and facilities for the
collection and disposal of wastewater in a manner acceptable to the Council;
7) Wharf/Boathouse/Slipway/Breakwater structures shall follow the guidelines for the
Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses
8) The Applicant must obtain a permit under of the Water Resources Act, 2002 under
Section 48 for any infilling or dredging work associated with these structures or other
works near or in any body of water prior to the start of construction.
4.3.17 Medical or Dental Clinic/Office
Definition: Medical or dental clinic/office means a building or part thereof used by
qualified physicians, dentists, osteopaths, counselors, or other drugless practitioners,
including their staff and patients, for the purpose of out-patient consultation, diagnosis
and office treatment. A medical clinic may include accessory uses such as waiting and
treatment rooms, laboratories, dispensaries, and administrative offices. A medical clinic
does not include accommodation for overnight patient care or operating room facilities.
Conditions:
(4) Must meet Use Zone Site Development Standards and conditions
4.3.18
Motel
Definition: Motel means an establishment providing accommodation for travelers or the
transient public that consists of one or more than one building containing four or more
attached accommodation units accessible from the exterior only and may or may not have
facilities for serving meals.
Conditions:
(1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
(2) Must meet Use Zone Site Development Standards and conditions
(3) Units may be rented on a temporary basis but not as an open-ended monthly apartment.
{4) A Motel unit is for temporary accommodation. The unit is not a place of residence or
dwelling. No individual can abide in the units in a particular Motel for more than three
months out of every calendar year.
(5) The Motel shall contain a lobby with a front desk and office, along with a maintenance,
housekeeping, and laundry room(s) large enough to accommodate the needs of the
commercial-residence.
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(6) Housekeeping services including cleaning, provision of clean linen and towels (daily or
weekly) will be provided.
(7) Exterior access to units can be provided as long as access to each unit is from a common
parking lot on the site,
(8) Units will not have individual driveways to the street. Parking will be provided in a
parking lot with parking spaces and aisles, and access for the overall parking lot to the
street.
(9) The Motel will have an overall cohesive design including a prominent lobby, pleasant
appearance from the street, clear parking lot street entrance and design with a dust free
surface, and landscaping (trees, shrubs, lawn) in setbacks and open areas.
(10)
There will not be separate utility connections or utility billing or addressing for
individual rooms
4.3.19
Outdoor Market
Definition: Outdoor market means the sale of goods or products at an open property
with no permanent buildings; temporary facilities or open stalls may be used to hold and
display the goods being sold. Examples may include, but are not limited to, farmers
markets, fish market, flea markets or other types of goods.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
3) Requires sufficient off street/highway parking for customers and ensure that the sight
lines (visual) or sign distance at any intersection is not obstructed.
4. 3.20 Personal Service
Definition: Personal service means a building or part of a building used for the provision
of personal services to an individual which are related to the care and appearance of the
body, or the cleaning and repair of personal effects; and where the sale of retail of goods,
wares, merchandise, articles, or things is only accessory to the provisions of such service.
Examples include, but are not limited to, barbershops, hairdressers, beauty salons, health
and wellness centres/spas, tanning salons, tattoo parlours, tailors, dressmakers,
photography studio, music studio, tattoo ship, handmade crafts, shoe repair shops, and
dry-cleaning establishments, and laundromats. This Use Class does not include medical
and dental clinics, and excludes any manufacturing or fabrication of goods for sale.
Conditions:
(5) Must meet Use Zone Site Development Standards and conditions
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4.3.21
Offices: Professional, Financial and Associated Support Services
Definition: Offices (professional, financial and associated support services) means
development primarily used for the provision of professional, management,
administrative, consulting, and financial services, but does not include medical or dental
clinics or government services. Typical Uses include, but are not limited to: the offices of
lawyers, accountants, engineers, and architects; offices for real estate and insurance firms;
clerical, secretarial, employment, telephone answering, and similar office support
services; and banks, credit unions, loan offices, and similar financial uses.
Conditions:
(6) Must meet Use Zone Site Development Standards and conditions;
4.3.22 Resort
Definition: Resort means the use of land, buildings, and structures to provides a
combination of accommodation, retail, restaurant and recreation uses, such as, sleeping
accommodations, communal or individual facilities for cooking and serving of meals for
guests or a restaurant; recreation uses, such as golfing, tennis, lawn bowling, marinas,
health spa, swimming pools, angling, and other watersport activities, hunting and
recreational shooting, cross-country skiing, sightseeing, camping, hiking, indoor
recreational activities, and other similar uses, plus gift and craft shops and the furnishing
of equipment, supplies or services to guests in connection with any of the foregoing
activities, and may include accommodation for the operator and staff. This category also
includes commercial rental cottages or a tourist cabin development.
Conditions:
1)
Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2)
Must meet Use Zone Site Development Standards and conditions;
4.3.23
Restaurants
4.3.23.1 Take-Out
Definition: Restaurant take-out means a building designed to allow drivers to remain in
theiro vehicles before and during an activity on the site. Food and drink are prepared
then sold to the public for immediate consumption either within an eating area inside or
outside of the building or within the patron's own motor vehicle onsite, or for elsewhere
off the premises it may include a seating area for in-house consumption, and parking for
in-house patrons. It is not licensed to sell alcoholic beverages.
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Conditions:
1) Order boards with an intercom shall be designed to minimize noise impact on
adjacent residential or institutional uses.
2) A buffer consisting of a sound-proof fence and landscaping should be provided
adjacent to residential uses. A fence, berm, and landscaping or a combination of these
elements should be used to reduce headlight glare, order board lighting, and noise
from the Take Out. Garbage receptacles should be placed either before the pick-up
window or after the pickup window as determined by Council.
3) If the use of any land, building or structure is composed of a combination of Take-out
Use and any one or more other uses, those uses should not be construed as accessory
to one another and all provisions pertaining to each use shall apply.
4) Must meet Use Zone Site Development Standards and conditions;
4.3.23.2 Full-Service Restaurant
Definition: Restaurant-full service means a building or part of a building wherein the
primary purpose is the preparation of food for sale to the public y for consumption within
the building and may include a take-out area. It is characterized by the provision of table
service, including buffet service and may also be licensed to serve alcoholic beverages.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Refer to Outdoor Commercial Patio for standards related to outdoor areas;
4.3.23.3 Mobile Take-Out or Street Vendor
Definition: Restaurant-mobile take-out or street vendor means a mobile food
preparation motorized vehicle or non-motorized cart offering food and non-alcoholic
beverages for immediate consumption that subject to the requirements of the
Municipalities Act, 1999 and the Highway Traffic Act, 1990.
Conditions:
The use of land for the parking of a vehicle or trailer for a period of time for vending
purposes, including the sale of refreshments or merchandise or as an office shall be
subject to the following conditions.
1) The parking of a vehicle or trailer for vending or office purposes should only be
permitted as a subsidiary use on a lot with an existing principal building.
2) The parking of a vehicle or trailer shall not be located on any required landscaped
yards.
3) The parking of a vehicle or trailer shall only be permitted if the lot has a sufficient
parking area to accommodate the parking requirements of the principal building or
use on the lot and the subsidiary vehicle or trailer use with its associated parking.
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4) The parking of a vehicle or trailer shall not hinder lot access or egress or create an
obstruction to vehicles entering or exiting the lot.
5) If a vehicle or trailer is used for the purpose of the preparation, cooking, and/ or sale of
food and/or refreshments, the following approvals are required prior to the placement
of a vehicle or trailer on the lot:
a. approval from the Town regarding the appliances to be used and the required
fire suppression measures, and
b. approval from the Department of Digital Government and Service NL regarding
the storage and preparation of food and/or refreshments.
6) A vehicle or trailer will be required to provide, or have access to, washroom facilities
as determined by Council.
7) Council shall limit the length of the Development Permit to a maximum of one year
and the permit may be renewed on an annual basis if the applicant wishes to continue
the use.
4. 3.24 Retail
Definition: Retail means a building or part of a building used for the retail or
consignment sale of goods, wares, substances, or merchandise directly to the public
within an enclosed building, including, but not limited to, a drug store, bakery appliance
or clothing store or art studio and shop. This use class does not include the sale of
gasoline, heavy agricultural and industrial equipment, wholesale goods, automotive and
recreation vehicle sales/rentals, flea market, gas bars, greenhouses, plant nurseries and
market gardens, service stations, and box store or warehouse sales. Accessory uses may
include the assembly or repair of products sold on site or public services such as postal
services or pharmacy.
Conditions:
(7) Must meet Use Zone Site Development Standards and conditions
4.3.25
Service Station
Definition: Service Station means land or building used exclusively for the
sale/installation of petroleum products (oil or lubricant change) and may include minor
repair to vehicles, cleaning and maintenance essential to the actual operation of vehicles,
and the sale of automotive accessories; but does not include an automotive body repair
shop, automotive sales establishment. Service stations are classified as: Residential or
Highway as outlined below.
Conditions
Minimum Standards for all Service Stations and Gas Bars, notwithstanding the
development standards of the Use Zone in which a service station or gas bar is located, a
service station and/or gas bar shall be subject to the following conditions:
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1) All gasoline pumps shall be located on pump islands designed for such purpose, and to
which automobiles may gain access from either side, except in the case of propane,
diesel, and kerosene pumps, which may access from one side;
2) Pump islands and canopies shall be set back at least 4 metres from the required
landscaped front or side yards;
3) Accesses should not be less than 7 metres wide and shall be clearly marked and, where
a service station is located on a corner lot, the minimum distance between an access
and the intersection of street lines at the junction shall be 10 m and the lot line
between entrances shall be clearly indicated;
a. Lot Area (minimum) 900 m 2
b. Lot frontage (minimum) 48 metres; or 35 metres along each flanking street
c. Building Height (maximum) 1 storey
d. Building Line (minimum) 6 metres
e. Building Line - Canopies (minimum) 3 metres
4) Surface runoff shall be directed to an oil/water separator before being discharged into
a storm sewer or other drainage system;
5) Minimum of 2 access points for access/egress;
6) Landscaping required along front and exterior lot lines;
7) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4).
4.3.26 Veterinarian Clinic
Definition: Veterinarian Clinic means a building, structure or parts thereof where one or
more registered veterinarian surgeons including associated staff provide examinations
and surgical or medical treatment to domestic pets, animals or livestock, and may include
treatment rooms, laboratories, dispensaries, and associated office
Conditions:
1) Must meet Use Zone Site Development Standards and conditions
2) Facilities for the overnight care of animals undergoing treatment may be permitted
indoors and is considered incidental to the hospital use.
3) A kennel is not permitted in association with a veterinarian clinic.
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4-4
INDUSTRIAL LAND USE CLASS
4.4.1
Contractor, General
Definition: Contractor, General means development used for the provision of building
construction, landscaping, concrete, and electrical, excavation, drilling, heating,
plumbing, paving, road construction, sewer or similar services of a construction nature
which require outdoor storage space for materials, construction equipment or vehicles
including heavy equipment, temporary storage containers, construction trailers, and
temporary office trailers normally associated with the contractor service. Any sales,
display, office or technical support service areas shall be accessory to the principal general
contractor service only. This use class does not include professional, financial, and
associated support services.
Conditions:
1)
Must meet Use Zone Site Development Standards and conditions;
4.4.2
Energy Generation Facilities
Definition: Energy generation facilities means a facility constructed for the purpose of
generating electrical energy from wind, solar or small hydro means.
General Conditions:
1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4);
2) Must meet Use Zone Site Development Standards and conditions;
3) The following requirements shall apply to wind, solar, and small hydro facilities:
a. Energy utilities are subject to the approval of relevant provincial and federal
departments, agencies, and public utilities. The design and location of such
utilities should take into consideration their impact on nearby land uses and
persons, the environment, archaeological resources, and other matters that
Council may deem to be significant.
b. A wind, solar, or small hydro generator within a built-up residential area will be
limited to a single unit that serves an individual property.
c. An adequate separation distance will be maintained between wind generators and
nearby buildings and structures to prevent damage to persons and properties due
to a failure of a generator or any of its components or the shedding of ice.
d. 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.
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4) Wind Turbines
Definition: Wind turbine generator (commercial) means a structure designed to convert
wind energy into mechanical or electrical energy. A commercial wind turbine may
include, but not be limited to, wind turbine, generator, operations and maintenance
buildings, meteorological towers, collector grids and electrical substations. Note that a
Wind Farm or Wind Parle means more than one wind turbine generator located on a lot.
Conditions:
a. Commercial wind turbine generator
1.
A commercial wind turbine which has a collective energy nameplate rating of
one hundred (100) kW or greater shall be connected to a transmission line
and/or the local power grid.
11.
The development shall not create hazards or any negative impacts on
neighbouring properties. In cases where there are potential conflicts or
impacts between a proposed development and neighbouring property, Council
may require the developer to ensure that adequate buffers or screening are
maintained to reduce the impacts on adjoining properties or other mitigation
measures that may be necessary to reduce the impacts.
m.
The wind turbine tower shall be located to minimize visual impacts on the
Town.
1v.
The wind turbine tower shall have a clear unobstructed fall zone that has a
radius equal to or greater than the height of the structure and is accommodated
within the property bounds.
v.
The wind turbine tower shall be designed and constructed to meet design loads
for operational requirements including ice buildup. The blades shall either
have de-icing capabilities or be constructed of a material (i.e., poly carbonate
composite) that resists ice buildup.
v1.
Access to the site shall be restricted and shall include: fencing, gate, and
signage posted as to the property owner, company name, twenty-four (24) hour
emergency telephone number, and warnings of dangers to trespassers.
v11.
Should the wind turbine cease operations for a period of longer than two (2)
years, the wind turbine, tower, and any related infrastructure should be
removed from the property.
b. Private wind turbine generator
1.
Private turbines shall primarily be for the generation or electrical power for the
property owner of a residential use, for business owners and for varied public
use buildings and other similar sites, but not for outside sale.
ii.
Council may determine that the minimum parcel size of 2,000 m 2 with a wind
turbine height of approximately 10 m; if this is not sufficient to mitigate
impacts to adjacent properties, the wind turbine proposal may be denied by
Council.
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4.4.3
Fishery Use
Definition: Fishery use means land and buildings used for the production, processing,
storage and maintenance of fishery products or equipment including aquaculture and
include land and buildings designated for the building, launching, docking or storage of a
commercial fishing vessel, and similar operations, such as a marine centre, fish processing
plant.
Conditions:
1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4);
2) Must meet Use Zone Site Development Standards and conditions;
4.4.4
Forestry Activities
Definition: Forestry activities have the meaning as defined in the Forestry Act, 1990.
This includes forest harvesting, road building and silviculture activities.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2-4), or a
Forestry Management Plan and to submit, every year, the annual operating plan;
2) Must meet Use Zone Site Development standards and conditions;
3) Permits for commercial and domestic woodcutting or other forestry related activities
must be obtained from the Regional Forestry Office, Government of Newfoundland
and Labrador;
4) All commercial harvesting operators must apply for a development permit.
4.4.5
Industrial - General
Definition: Industrial General means development used principally for one or more of
the following activities:
a. the processing of raw materials;
b. the making, manufacturing or assembling of semi-finished or finished goods,
products or equipment;
c. the cleaning, servicing, repairing or testing of materials, goods and equipment
normally associated with industrial or commercial businesses or cleaning, servicing
and repair operations to goods and equipment associated with personal or
household use, where such operations have impacts that would make them
incompatible in non-industrial zones;
d. the storage or trans-shipping of materials, goods, and equipment;
e. the distribution and sale of materials, goods, and equipment to institutions or
industrial and commercial businesses for their direct use or resale;
f.
transport establishments, which include the use of land, buildings, structures or
parts thereof, where commercially licensed trucks, transports and buses are rented,
leased, loaded or unloaded, serviced or repaired kept for hire, stored or parked for
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dispatching as common carriers or where goods are temporarily stored for further
shipment. Fuel and petroleum products may be dispensed and parts and
accessories sold;
g. data centres (building(s) that house computing facilities like servers, routers,
switches and firewalls, as well as supporting components like backup equipment,
fire suppression facilities and air conditioning); or
h. the training of personnel in general industrial operations.
Examples include, but are not limited to, factories, fish processing plants, marine service
centres, cold storage plants, freight depots, concrete plant, general garage, industrial-
related warehouses, welding shops, vehicle body repair and paint shops/depots, and
similar uses, and marijuana growing operations. This use class does not include utility
services or the preparation of food and beverages for direct sale to the public.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4);
2) Must meet Use Zone Site Development Standards and conditions;
3) Minimum of 2 access points for access/egress;
4) Surface runoff shall be directed to an oil/water separator before being discharged into
a storm sewer or other drainage system;
5) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
6) Where it deems necessary, the Town shall require the provision of buffering by the
developer which shall be to the satisfaction of the Town.
4.4.6
Industrial - Heavy And/or Hazardous
Definition: Industrial-heavy and/or hazardous means industrial uses, which, by their
nature, generate noise, fumes, odours, and are hazardous or obnoxious.
This would include manufacturing uses which are required to be registered under the
Environmental Protection Act, 2002, such as:
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Processing of meat, fish and poultry products
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Feed Mills
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Distilleries, breweries or wineries (excluding micro-breweries)
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Manufacture of rubber products such as tires and tubes
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Manufacture of plastic products
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Leather and allied products such as leather tanneries
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Manufacture of textile products
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Sawmills, planing mills, shingle mill product industries
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Paper and allied products manufacturing
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Manufacturing, refining and fabricating of metal products
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Manufacturing of clay products, cements, and other non-metallic mineral
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products
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Refining of petroleum products
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Manufacture of chemical and chemical products including industrial,
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agricultural, plastics and synthetic resins, paints and varnishes, soaps, and
cleaning compounds
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Other manufacturing uses including photographic films and plates, floor tiles,
and coated fabrics manufacturing.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2-4)
2) Must meet Use Zone Site Development Standards and conditions
4.4.7
Industrial - Light
Definition: Industrial-light 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., unsightly outdoor storage, refuse matter, or
effluent. Examples include but are not limited to, a recycling depot, wholesale and
warehouse uses, rental storage uses, commercial-custom service, catering services,
industrial bakeries, food processing, light manufacturing and assembly (clothing,
furniture, consumer electronics), broadcast studio, and similar uses; but does not include
a salvage/scrap yard.
Conditions:
(8) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4);
(9) Must meet Use Zone Site Development Standards and conditions;
(10)
Light industry uses may must be conducted and wholly contained within an
enclosed building and shall not be obnoxious by reason of noise, vibration, odour, dust,
smoke, unsightly outdoor storage, refuse matter, or water carried waste. Such uses shall
not involve the use of chemical processes which result in the emission of gases, use of
significant volumes of water or which generate significant levels of truck traffic.
4.4.8
Industrial Mall
Definition: Industrial mall means a building or a group of buildings designed,
developed, owned and managed as a unit in which separate spaces are leased or occupied
by permitted industrial uses. No more than 30 percent of the gross floor area of an
industrial mall is used for accessory office or related commercial uses.
Conditions:
1) Required to submit a Planned Unit Development Application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions
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4.4.9
Mineral Exploration
Definition: Mineral exploration means the search for and sampling of minerals or quarry
materials where the activity or activities involved meet the definition of "development"
under the Urban and Rural Planning Act, 2000. "Mineral" and "quarry material" for the
purpose of interpreting the definition of mineral exploration (development) are as defined
in the provincial Mineral Act and Quarry Materials Act, 1998, respectively. Mineral
exploration does not include mining or mineral workjng (e.g., quarrying). Activities which
meet the definition of mineral exploration (development) are to be contrasted with
mineral exploration activities that do not meet the definition of development, examples of
which typically include traditional prospecting, geochemical sampling surveys (of rock,
soil, sediment, water, or vegetation), ground-based and airborne geophysical surveys, and
the cutting of survey lines.
For the purposes of municipal planning, exploration for quarry materials (e.g., sand,
gravel) should be considered a form of mineral exploration and included in the definition
of mineral exploration.
The Mineral Lands Division, Mines Branch, administers the Mineral Act 1990 under which
mineral licences are issued and within the bounds of which mineral exploration may be
approved by the issuance of an "exploration approval". Exploration approvals are generally
issued for no longer than one year. Applications for exploration approval involving areas
within a Municipal Planning Area and where the activities proposed may involve ground
disturbance, wildlife disturbance, water quality impairments, or foreseeable land use
conflict, are referred to the municipality (in addition to other government agencies), and
terms and conditions are drafted to address any specific concerns raised during the
referral process
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Mineral exploration that does not meet the definition of 'Development': Mineral
exploration that does not meet the definition of 'Development' and does not involve
appreciable ground disturbance, construction of access roads, or objectionable noise,
odour or appearance, oflittle or no visible impact (e.g. prospecting, ground-based
geophysical surveys, geochemical sampling surveys) will be permitted anywhere in the
Municipal Planning Area, provided that adequate notification is provided to Council.
3) Mineral exploration, which is classed as 'Development - conditions for development:
a. adequate provision is made for buffering, and mitigation of potential impacts on
adjacent zones; mineral exploration shall be subject to conditions that control
noise, appearance, and other impacts that may arise, as well as the duration of
the exploration program. The precise nature of these controls will depend upon
the location of the mineral exploration in relation to built-up and
environmentally sensitive areas, such as water supply areas, watercourses, and
wetlands.
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b. Where there is to be ground disturbance, the developer shall provide a site
restoration surety and/or other satisfactory guarantees of site landscaping to
Council.
c. Council will not issue a permit for mineral exploration until all necessary permits
and approvals have been obtained from Provincial agency.
d. It complies with provincial standards. Basic environmental requirements for
mineral exploration are already set out in the Mineral Regulations under the
Mineral Act, 1990 for example, that all excavated, stripped, and grubbed sites be
rehabilitated by backfilling or re-contouring, as appropriate, and then placing
stockpiled organic materials back over the site. The Mineral Lands Division
conducts inspections year-round to ensure that the Mineral Regulations and the
terms and conditions of exploration approvals are adhered to, including that
rehabilitation, once due, is completed as required
e. According to the Mineral Lands Branch, mineral exploration that is classed as
development should be at least a discretionary use in all zones, provided that the
work is subject to conditions appropriate to the use zone and which address any
other concerns specific to the location.
f.
Should a town have concerns about any mineral exploration activity, whether
before or after the issuance of an exploration approval from the Provincial
Government to conduct the work, the town shall contact the Mines Branch,
Mineral Lands Division in order to have the concerns addressed. Exploration for
quarry materials (e.g., sand, gravel) is permitted using the same procedure and
typically involves the excavation of test pits followed by their immediate
rehabilitation.
4.4.10 Mineral Working
Definition: Mineral working means an operation consisting of one or more of the
following activities: the digging fort excavation, and removal of quarry materials (i.e.,
quarrying) (may involve blasting), the removal of quarry materials previously excavated,
the removal of quarry materials previously deposited on site, the stockpiling of quarry
materials, the processing of quarry materials (e.g., crushing, screening, washing), the
production of civil construction materials which use quarry materials in their natural
form (e.g., asphalt, concrete), the re-processing of quarry materials including from
reclaimed civil construction materials (e.g., reclaimed asphalt, concrete), the production
of soil by blending organic materials with quarry materials, or the treatment or
remediation of soil. "Quarry material" for the purpose of interpreting the definition of
mineral working is as defined in the provincial Quarry Materials Act, 1998. Mineral
working does not include mining but may include mineral exploration (development) as a
secondary activity. Mineral working does not include the excavation and removal of
quarry materials as a by-product of an approved development.
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Conditions
1) For approved developments where the extraction of quarry materials is occurring or
may be expected occur, the Town shall send a copy of the development permit to the
Mineral Lands Division. (Quarry materials include but are not limited to aggregate,
fill, rock, stone, gravel, sand, clay, borrow material, topsoil, overburden, subsoil, peat).
2) Council shall be satisfied that the mineral working areas will not create a nuisance and
will not adversely affect the amenity of the proposed development. Recommended
buffers include:
a. From existing or proposed residential development to where no blasting is
involved - 300 metres; and
b. From existing or proposed residential development to - where blasting is
involved - 1000 metres.
Where a minimum required distance was originally observed when choosing the
location of the quarry, quarrying should not be discontinued or impeded where
the buffer is reduced to less than the required distance due to encroachment of
development towards the quarry.
3) Where the municipal authority is satisfied that the mineral working will not
adversely affect the specified adjacent use or natural feature, mineral working may
be permitted closer than the minimum separation distance or buffer specified. By
allowing the municipality to waive pre-set separation distances where it is satisfied
there will be no adverse effect provides for greater flexibility in selecting sites
where mineral workings may be permitted. Such flexibility is especially important
in larger municipalities where the demand for construction aggregate is greater
while at the same time space more limited. Where mineral workings are proposed
within a specified distance of a specified adjacent use or natural feature that could
be adversely affected by the mineral workings, special conditions should be applied
to mitigate, reduce, limit, or eliminate the anticipated negative effects.
4.4.11
Mining
Definition: Mining means an operation involving the extraction of a mineral for sale and
for which a mining lease is required under the provincial Mineral Act administered by the
Department of Industry, Energy and Technology. "Mineral" for the purpose of
interpreting the definition of mining is as defined under the Mineral Act. Mining may
include, as secondary activities, mineral exploration (development) and mineral working.
Note that under the Mineral Act dimension stone (i.e., stone used for building facades,
gravestones, etc.) is considered a mineral in Newfoundland but a quarry material in
Labrador.
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Conditions:
The following conditions shall apply to a Mining application subject to a Provincial
Government regulatory and permitting requirements:
1) An application for a development permit shall include a Mineral Working
Development Plan satisfactory to the Council for the proposed Mining use, which
shall include a site plan showing the location of physical site features, and extraction
and processing features required by the Council, including but not limited to:
a. boundaries of the parcel to be mined;
b. extent of site area(s) to be mined;
c. buildings and structures on the site;
d. roads, parking and loading areas, and entrance and exit to the site;
e. fences, berms, and landscaping provided for screening;
f.
waterbodies and channels to be removed, shifted and created;
g. location and expected maximum height of stockpiles of mined ores, sand and
gravel;
h. location of major machinery and conveyors for receiving and processing raw
ores including machinery for sifting, washing and grading ores, and the
manufacturing of concrete and stone products;
1.
the probable location of storage piles of topsoil and overburden removed from
earlier phases of mined areas and temporarily being stored for replacement
under the Reclamation plan; and
J.
intended phases of mining operations to be carried out over all portions of the
site.
2) An application for a development permit shall include a Mining Reclamation Plan
satisfactory to Council for the proposed mineral working use which shall explain,
illustrate and show to the satisfaction of Council a plan for restoration of the site
which includes final ground contours, slopes, depth of topsoil, and vegetation and a
phasing plan, if necessary, in the form of a grading and landscape plan or plans.
4.4.12 Natural Resource-Related Uses
Definition: Natural resource-related uses means the use of land or buildings for any
commercial or industrial development directly associated with, or requiring proximity to,
farm operation, fisheries, forestry or mineral working industries; for example, processing
of meat, fish and poultry products, feed mills, sawmills, planning mills, single mill
products industries, asphalt plant, gravel crushing operation sand may include, but not
limited to, such uses as animal husbandry services, produce or grain storage/processing
facilities, farm machinery sales and service outlets, feed and seed warehouse and
associated retail outlets, including a nursery or garden centre.
Condition:
1)
Must meet Use Zone Site Development Standards and conditions;
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4.4.13
Salvage/Scrap Yard
Definition: Salvage/scrap yard means an area of land or lot including any building or
structure used for the receipt, storage, sale, re-sale and processing of waste or surplus
automobile, transportation vehicles or industrial equipment, including any parts or pieces
that have been removed, but does not include a solid waste recycling/disposal and
composting site.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions
2) A scrap yard or solid waste storage or disposal site shall be screened in the following
manner where it is visible from a public street or highway, developed area, or area
likely to be developed during the life of the use:
a. Where tree screens exist between the use and adjacent public highways and
streets or other land uses (excepting forestry and agriculture), Council may
require that the tree screens be retained in a 30-metre-wide strip of vegetation
so that visibility of any part of the use from the surrounding uses or streets will
be prevented. The tree screens must be maintained by the owner or occupier of
the use to retain 30 metre in a forested appearance.
b. Where vegetation dies or is removed from the 30 metre strip, the Council may
require new trees of a minimum height of 1 metre be planted to fill in the areas
affected to the satisfaction of the Council or, at the discretion of the Council,
where no tree screens exist of sufficient width and density to constitute a visual
screen, earthen berm should be constructed to a height sufficient to prevent
visibility of any part of the use from adjacent uses (exception forestry and
agriculture) or adjacent public highways and streets. The berm shall be
landscaped to the Council's satisfaction.
3) It is recommended that a visual screen fence satisfactory to the Town of at least 2.4
metres in height be erected around the area used for outdoor storage;
4) Where it is located within or adjacent to a commercial, residential or institutional area
or development, there is no outdoor storage;
5) Unless the Council is satisfied that the use will not create a nuisance and will not
adversely affect the amenity of the specified development or natural feature, no scrap
yard or solid waste storage or disposal site shall be located closer than the minimum
distances set out below to the specified development or natural features:
a. Existing or proposed Residential Development - 300 metres
b. Any other developed area or area likely to be developed during the Life of the
scrap yard or solid waste storage or disposal site- 150 metres
c. Public highway or street- 50 metres
d. Protected road - 90 metres
e. Water body or watercourse- 50 metres
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4.5
CONSERVATION LAND USE CLASS
4.5.1
Environmental Protection
Definition: Environmental protection area means areas where development is restricted
due to the natural features of the site for purposes of conservation or protection of
habitat, wetlands, resource management, other special designations under legislation; or
site unsuitability due to erosion control, steep slopes, flood control, and water supply
protection.
Conditions that apply to both zones:
1) Must meet Use Zone Site Development Standards and conditions;
2) Nothing in these regulations shall prevent the designation of environmental
protection areas in any zone.
3) Council will not permit development vulnerable to flooding in areas known to be
subject to local flooding.
4) The Town may require that any development near a designated trail or water course
be reviewed by the Town to ensure that development does not negatively impact such
trail or watercourse. Where deemed necessary, the Town may require that the buffer
be provided by the developer.
4.5.2
Recreation Open Space
Definition: 'Recreation Open Space' means areas maintained for the preservation of
natural heritage and the environment where the quality of the environment and
naturalness of an area is the focus of an outdoor recreational or aesthetic experience.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Nothing in these Regulations shall prevent the designation of parks and playgrounds
in any zones provided that such parks and playgrounds are not located in areas which
may be hazardous to their use and are not operated for commercial purposes;
3) Parks and playgrounds may be located on backland but shall have at least one 5-metre
wide vehicular access directly onto a public street;
4) Public toilet facilities associated with a park or trail development requires review by
the Council in consultation with Department of Digital Government and Service NL in
order to meet provincial regulatory requirements;
5) It is recommended that trails have a 3-metre width as a pedestrian corridor
with/without use by bicycles;
6) Council may require a screen or vegetative buffer between a trail and adjacent land
uses to ensure that nuisance factors are minimized and trail activities do not hinder
the enjoyment of property;
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7) In the Rural zone, Recreational Open Space and Trails zone uses may be permitted in
this zone subject to the following conditions:
a. the proposed use shall not interfere with adjacent agricultural and other
natural resource uses by virtue of noise, increased traffic or other activities;
b. the proposed use shall not prejudice the continuation of existing agricultural
and other natural resource uses and operational practices which may not be
compatible with the proposed use.
4.6
PUBLIC/INSTITUTIONAL LAND USE CLASS
4.6.1
Cemetery
Definition: Cemetery means a facility or land area reserved and dedicated to the burial
of the dead and includes a columbarium, mausoleum, mortuary and related maintenance
facility.
Conditions:
1) Council may require a landscape plan to be submitted as part of the Development
Application. The landscape plan shall illustrate areas of landscaping in relation to the
burial plots and shall identify the location and types of plant species that are to be
planted.
2) It is recommended that a minimum 6 metre wide buffer should be maintained
between any lot line of the cemetery and areas designated for burial purposes and,
within this buffer, trees and shrubs are to be planted to provide a landscaped screen
between the cemetery uses and abutting properties.
3) A fence should be constructed and erected along all lines of the cemetery
4) A cemetery use shall receive the approval of the Provincial Government.
4.6.2
Institutional Use
Definition: Institutional use means the use of land or buildings for public purposes,
whether publicly or privately funded, where people may gather in larger numbers to
access a regional or a municipal-wide or regional service, including but not limited to:
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Hospitals;
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Government Offices;
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Educational Facilities;
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Convention Centres or major cultural centres, such as provincial Arts and Culture
Centres;
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Recreation Complex, such as an arena, multi-use sports and entertainment centres,
roller rinks, swimming pools; and,
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Personal Care Facilities (larger than residential home), such as nursing or senior's
homes, family and group care centres (see Condition 3 below).
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Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2-4)
2) Must meet Use Zone Site Development Standards and conditions
3) For Personal Care Facilities-Non-residential (Nursing Homes and Family & Group
Homes/Care Centres), the following standards apply:
a. The development will be treated as a single comprehensive development as set
out in Part II of these Regulations, except that the minimum dwelling floor
areas, building line setbacks and yards shall be as determined by Council.
b. The development shall be tailored to the needs of the persons occupying the
development in accordance with their condition.
c. The overall design of the development - including road layout, landscaping,
building design and location, parking areas, and so forth, will be attractive and
compatible with other uses in the vicinity.
d. A single management authority should be responsible for the maintenance of
properties within the development.
e. Building types can be as necessary to serve the purposes of the development,
including a variety of dwelling types, care facilities, and communal facilities
such as storage rooms, hobby rooms, workshops, and garages.
f. Adequate noise separation shall be maintained between the use and adjoining
dwelling units in an apartment building,
g. a fire exit for the exclusive use of the facility use shall be provided,
h. a separate entrance for the exclusive use of the facility use shall be provided
unless the entrance to the use from a common lobby or foyer is immediately
adjacent to such lobby or foyer,
1.
parking as required in these Regulations shall be provided and reserved for the
exclusive use of the facility use and identified as such on the parking lot,
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a minimum of 5 m2 of net floor space per person should be provided for use by
the facility users, this aggregate floor space should be utilized for the purpose
of group amenity areas and individual rest areas, and
4.6.3
Protective and Emergency Services
Definition: Protective and emergency services means a development which is required
for the public protection of persons and property from injury, harm or damage together
with the incidental storage of equipment and vehicles, which is necessary for the local
distribution of utility services. Typical uses include police stations, fire stations and
ancillary training facilities.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise, light, and separation measures shall be incorporated into the
development to reduce nuisance impact on surrounding properties.
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4.6.4 Public Gathering Places -Indoor
Definition: Public gathering places-Indoor means a building or part thereof designed
and equipped to be used for public gatherings for entertainment, religious (place of
worship), cultural, civic, educational, charitable, philanthropic or social purposes and may
include, but are not limited to, a movie theatre, playhouse, museum, art gallery, place of
worship, funeral home, community or cultural centre, library. These are smaller than
regional institutional uses, like a hospital or college campus, as the patrons generally are
not such a broad segment of society and therefore does not create the same level of
activity in terms on onsite use and traffic.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
3) Where permitted as a discretionary use on a Use Zone Table in Chapter 3, a place of
worship or an educational use shall conform to the frontage, building line setback,
side yard, rear yard, lot coverage, and height requirement specified for a single
detached dwelling.
4.6.5
Public Gathering Places - Outdoor
Definition: Public gathering places-outdoor means an open-air assembly use requiring
the minimum of permanent facilities, and includes, but is not limited to, facilities in the
form of or similar to, an outdoor worship service, and informal outdoor recreation,
including, but not limited to, a picnic or barbecue area, playground and walking or
jogging trails; but does not include sport and recreation facilities or a recreation complex.
Conditions:
1) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4)
2) Must meet Use Zone Site Development Standards and conditions;
3) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
4) The use shall not negatively impact upon the associated activities such that the
combined uses create a public safety or health concern or inconvenience.
5) The use shall not be permitted in close proximity to a residential area where, in the
opinion of Council, the use or its associated activities will create a nuisance, such as
the generation of fumes, noise, vibration, litter, and lighting, affecting the nearby
residential area.
6) Where it is determined by Council, for public safety and convenience, that fencing is
required; the area of the use shall be fenced in accordance with the requirements of
Council;
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7) Where it is determined by Council that washroom facilities are required, the use shall
be required to provide washroom facilities in accordance with the requirements of the
Department of Digital Government and Service NL and Council;
8) Where it is determined by Council, a security deposit will be required to be submitted
to the Town for the cleanup of the site and surrounding area of litter and debris which
is generated by the activities or the use. The security deposit shall be returned upon
the site and surrounding properties being left in a clean state that is satisfactory to
Council.
4.6.6
Sports and Recreation Facilities
Definition: Sports and recreation facilities means land and a building, structure or part
thereof, not part of a large institutional building, designed and equipped to be used for
athletic and leisure activities, and may include, but not limited to, a health and fitness
centre, bowling alley, curling rink; tennis, squash, handball and badminton courts; sports
fields, outdoor tennis courts, unenclosed ice surfaces or rinks, athletic fields, boating
facilities, and informal outdoor recreation, such as, cycle, walking or jogging tracks; but
does not include a recreation complex but may include Public Gathering-Outdoor uses.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Appropriate noise and separation measures shall be incorporated into the
development to reduce noise impact on surrounding properties;
3) Their environmental impact within the site can be contained and minimized;
4) The activity is not unduly detrimental to the wider amenity of the area; and,
5) The activity does not have a detrimental effect on neighbouring land uses or
amenities.
4.7
RESIDENTIAL LAND USE CLASS
4.7.1
Single Detached Dwelling
Definition: A single detached means a detached dwelling containing one main dwelling
unit which has a private entrance, and which is not attached to another dwelling; and,
does not include mobile homes or recreational vehicles, but does include mini-homes or
Tiny homes; but it may contain a subsidiary apartment (see 5.1.2)
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) In the Resource zone, a single dwelling may only be permitted only as accessory to an
agricultural use. A dwelling is subject to the approval of the Land Stewardship Division
and the Government Service Centre before a permit is issued by the Town.
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4.7.2.
Semi-Detached Dwelling (Double dwelling)
Definition: A semi-detached dwelling means a building containing two dwelling units,
where each dwelling unit has a private entrance as compared to apartment buildings with
a common entrance, where the units can be placed one above the other, or side by side,
but does not mean a Single Detached Dwelling containing a subsidiary apartment. Both
units must front on the street.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions.
4.7.3
Tiny homes
Definitions:
TINY HOME means a residential single dwelling unit intended for year-round use
designed to be used with a permanent foundation and has permanent provisions for
living, sleeping, eating, cooking and sanitation, typically with a maximum floor area of
<50 m2.
TINY HOME Subdivision means a concept proposal, approved by Council to subdivide
property into a minimum of eight (8) or more Tiny Home residential lots subject to
conditions outlined in a development agreement. It generally shows topographic
information and natural features, such as waterways and vegetation. The concept
proposal will also identify proposed residential lots which may typically require
infrastructure such as streets drainage, culverts, pavement, sidewalks and curbs.
Conditions:
1) Tiny home shall be constructed to the requirements of the National Building Code;
2) Tiny homes shall only be considered if they form part of a residential subdivision
(Section 8.o) of not less than eight (8) lots designed specifically for Tiny homes;
3) The location of a Tiny home subdivision shall be determined by Council in any
residential zone, and subject to any conditions identified by council outlined in a
development agreement;
4) Must meet Use Zone Site Development Standards and conditions; that is, all other siting
requirements of the residential land use zone shall apply;
5) Tiny homes shall have permanent provisions for living, sleeping, eating, cooking, and
sanitation;
6) An accessory building in the Tiny home Subdivision shall not exceed the size of the Tiny
home.
7) A Subdivision application or Planned Unit Development plan is required as part of the
application to develop.
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4.7.4
Garden Suite
Definition: A Garden Suite is a self-contained dwelling unit without a basement, located
in the rear yard of a lot containing a permanent, single dwelling. It is equipped with its
own kitchen, living area, a maximum of one bedroom, bathroom and storage space. It
does not have a subsidiary unit, and it is detached from the primary dwelling on the lot. It
may be constructed onsite or transported as a modular unit to the lot but cannot include
a mobile home or mini-home.
Conditions:
1) No more than one (1) garden suite shall be allowed on a single residential lot occupied
by a single detached dwelling;
2) The single detached dwelling cannot have a subsidiary suite; that is, there can only be
one accessory dwelling unit, either a garden suite OR a subsidiary unit, but not both;
3) The affected property must contain a legally conforming, permanent, owner-occupied,
and habitable single detached dwelling, to which the garden suite is accessory;
4) The garden suite shall not exceed 40% of the total habitable floor space of the primary
dwelling or 75 m2, whichever is the lesser;
5) Garden suites shall be placed on a cement pad or footing (no basement) or similar
footing acceptable to Council
6) Garden suites shall comply with all the yard requirements for the principal dwelling;
7) The minimum separation distance between the principal dwelling and any garden suite
shall be in compliance with the requirements of the zone and the National Building
Code;
8) Garden suites must be approved by Department of Digital Government and Service NL
for provincial water and sanitary sewer regulations;
9) Access to the garden suite should be provided by the existing driveway(s);
10) A minimum of one (1) off street parking space must be provided for the garden suite in
addition to a parking space for the subsidiary apartment (if any);
n) The exterior of garden suite should incorporate building materials, textures, and colours
that are similar to that of the principal dwelling;
12) A garden suite shall be owned by the owner of the primary dwelling and shall not be
sold as a condominium unit.
13) A garden suite may be constructed on site or be transported as a modular unit to the
lot, but will not include a mobile or mini-home.
14) A garden suite shall be a discretionary use.
15) Prior to the erection or placement of a detached secondary suite, the Council may
require a written agreement with the owner of the affected property to deal with matters
such as the installation, maintenance and possible removal of the secondary suite, the
period of occupancy, and the rehabilitation of the site.
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4.7.5
Townhouses
Definition: A townhouse or town home is a single-family home that shares one or more
walls with other independently-owned units. They are often in rows of uniform homes,
two stories or taller. Residents own their interior and exterior walls, lawn, and roof, as
well as the insurance for both their home and property. Residential townhouses are
usually three or more dwelling units, each unit separated vertically from the others, each
of which must have an independent entrance to a front and rear yard immediately
abutting the front and rear walls of the unit, and each of which may be located on a
separate lot. All units front on a street.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4);
3) Shared walls must meet all national code regulations;
4.7.6
Mini-Home and Mobile Homes
(a) Mini-Home -Definition: Mini-home means a sectional prefabricated dwelling
designed for transportation after fabrication to a site, typically transported by means of
flat-bed trucks, and coupled together mechanically and electrically to form a single
structure situated on a concrete foundation, either a full basement or crawlspace, but
does not include a mobile home. Mini homes do not have axles or a chassis.
(b) Mobile Home - Definition: Mobile home means a transportable factory-built single
detached family dwelling unit:(a) which complies with space standards substantially equal
to those laid down in the Canadian Code for Residential Construction and is in
accordance with the construction standards laid down and all other applicable provincial
and; (b) which is designed to be transported on its own wheels and chassis to a mobile
home lot, and subsequently supported on its own wheels, jacks, posts or piers, or on a
permanent foundation and connected to exterior public utilities, in order to be suitable
for year round term occupancy.
Mobile Home or Mini Home Park: means a development under single or joint
ownership, cared for and controlled by an operator where individual mobile or mini home
lots are rented or leased with or without units placed on them, and where ownership and
responsibility for the maintenance and development of site facilities including
underground services, access roads, communal areas, snow clearing and garbage
collection, or any of the, are the responsibility of Park management agency. It does not
include a travel trailer park, campground or group of dwellings. A mini home may be
located within a mobile home subdivision
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Mobile Home or Mini-Home Subdivision: means a development requiring the
subdivision ofland whether in single or joint ownership into two or more pieces or
parcels ofland for the purpose of mobile home or mini-home lots and where the
maintenance of streets and services is the responsibility of a municipality or public
authority. A mobile home may not be located within a mini home subdivision; however, a
mini home may be located within a mobile home subdivision.
Conditions:
1) A mobile home may be located outside a mobile home park or subdivision provided
that the structure meets the following conditions:
a. The home is placed on a permanent foundation or otherwise permanently
supported and fixed, with wheels and axles removed, and shall be provided with
a visible foundation or skirting acceptably similar in appearance to foundations
of dwellings in the immediate area;
b. The lot otherwise meets the standards of a residential lot.
2) Mini-home may be located outside a mini-home park or subdivision provided that the
design is compatible with housing design of existing homes in the neighbourhood;
3) A mobile/mini home subdivision/park is required to submit a Planned Unit
Development Application (2.2.2 & 2.2.4);
4.7.7
Apartment Building
Definition: Apartment building means a building containing three or more dwelling
units which have a shared entrance and hallway, but does not include a Row dwelling or a
subsidiary apartment.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Required to submit a Planned Unit Development application (2.2.2 & 2.2.4);
4.7.8
Cottage (or Cabin)
Definition: Cottage or cabin means a dwelling unit designed or intended for seasonal or
recreational use and is not intended for use as permanent living quarters and does not
include a vehicle as defined under the Highway Traffic Act, 1990.
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
2) Must meet building requirements under these Development Regulations, including
the National Building Code, etc.
3) Remote or accessible (recreational) cottages will not be eligible for municipal services;
4) If a home in a residential area is used as a seasonal residence, it must be maintained to
the standard of the neighbourhood as a full-time residence;
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5) Recreational cottages with non-municipal road access (usually a resource road)
allocated on Crown land should preferably be located within a designated cottage
development area by the Lands Branch, Government of Newfoundland and Labrador.
6) In the Resource zone, cottages are a discretionary use that may only be permitted if
the Town is satisfied that it will not create an obligation to provide municipal services
and that it will not have a negative impact on resource exploration and development
within the Resource zone.
4.7.9 Group Home
Definition: A group home is a Single Detached Dwelling used for children or young
people who cannot live with their families, people with chronic disabilities who may be
adults or seniors, or people with dementia. Typically, there are no more than six residents.
There is at least one trained care-giver onsite 24 hours a day.
Conditions:
1) A personal care or group home is permitted in a dwelling unit that is adequate in size
to accommodate the number of persons living in the group, inclusive of staff.
2) The use and appearance of the dwelling shall not materially differ from, or adversely
affect, the amenities of adjacent dwellings or the neighbourhood.
3) Council may require special access and safety features to be provided for the
occupants before occupancy is permitted.
4.8
PUBLIC INFRASTRUCTURE AND UTILITIES
4.8.1
Communications
Definition: Communications means a television, radio, cell phone, or transmission tower
or antenna, as well other communications transmitting or receiving building or
infrastructure, and includes wireless communications facilities, such as, infrastructure
regulated by the federal government that enables wireless communications including
broadcast antennas, cellular phone towers including private antenna systems for ham
radio and citizen band radio, mounted on the ground or on another structure such as a
rooftop.
Conditions:
1) Council may, within any zone, permit land or a building to be used in conjunction with
telecommunications structures or antennas subject to the following standards:
a. must meet Industry Canada standards;
b. where it is deemed feasible, a new telecommunications structure or antenna
will share existing telecommunications structure or antenna infrastructure or
will modify or replace an existing telecommunications structure or antenna to
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accommodate the new and existing telecommunications structure or antenna
provided the changes to the existing telecommunications structure or antenna
do not detract from the appearance and character of the surrounding
properties;
2) the colour, location, and design of a new telecommunications structure or antenna will
not detract from the appearance and character of the surrounding properties and do
not negatively impact aesthetically on adjacent lands and uses; and,
3) The site or the building on which the telecommunications structure or antenna is
erected or situated should be landscaped or treated in such a manner to minimize the
visual impact on the surrounding area.
4.8.2 Easement
Definition: Easement means the right to use land, most commonly for access to other
property, or as a right-of-way for utility service.
Conditions:
1.
No permanent building shall be constructed over any known easement, whether that
easement has been assigned to the Town, a department of the provincial or federal
government, or any utility company (i.e.: Newfoundland Power, telephone, cable
television, Crown Land). Permanent buildings include, but are not limited to, all
dwellings and accessory buildings.
4.8.3
Utilities
Definition: Utilities means a development that comprises a system or works including
municipal services used to provide one or more of the following for public consumption,
benefit, convenience or use:
a. water;
b. sewage disposal;
c. drainage;
d. fuel;
e. electric power;
f.
waste management;
g. street lighting;
h. telecommunications,
1.
and includes minor buildings and the thing that is provided for public consumption,
benefit, convenience or use but does not include a water treatment plant, sewage
treatment plant, solid waste landfill, or power plant (including energy generating
facilities in 4.4.4).
Conditions:
1) Must meet Use Zone Site Development Standards and conditions;
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2) Water treatment plant, sewage treatment plant, solid waste landfill, or power plant will
be reviewed as required by the development application process for the purposes of
establishing conditions for development and ensuring appropriate referrals are made to
agencies such as Environmental Assessment Division, Waste Management Division, etc.
3) No adverse effect on adjacent land uses is created;
4) The size and appearance of such works must be in keeping with adjacent uses; and,
5) Provision should be made for buffering in the form of landscaped areas between uses;
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5.0
ACCESSORY USES & ACCESSORY BUILDINGS AND HOME BUSINESSES
5.1
ACCESSORY USES
5.1.1
General Accessory Uses
Definition:
ACCESSORY USE (as defined in the Minsters Development Regulations) 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;
Examples of accessory or subsidiary uses to a primary use include, but are not limited to,
the following:
a. facilities for the serving of food and alcoholic beverages in an arena or other public
gathering place, adult day care, home care or senior's residence, marina, or hotel;
b. childcare, catering, convenience and take-out food service maybe permitted as an
accessory use to a recreational facility, provided that they are contained within the
building envelope of the recreational building;
c. a gift or souvenir shop in a museum, hotel, or other public institutional
establishment;
d. an office, convenience store, or small catering establishment in a campground;
e. a subsidiary apartment which is a separate dwelling unit constructed within and
subsidiary to a self-contained single dwelling or commercial building;
f.
a satellite dish or similar device attached to a building;
g. a wind generator, solar panel, radio antenna, or similar device;
h. an office associated with a commercial building;
General Condition for all accessory uses:
(n) Must conform to Use Zone Table in which the primary permitted use is located;
5.1.2
Subsidiary Apartments
Definition: Subsidiary apartment means a separate dwelling unit constructed within, or
attached to a single detached dwelling, and is subsidiary to the single detached dwelling.
Conditions:
1) One subsidiary apartment may be permitted in a single detached dwelling only where
there is no Garden Suite;
2) Council may consider a subsidiary apartment for seniors as a granny suite built as an
attachment to the main floor of the principal single detached residential dwelling. For
the purpose of calculating lot area and yard requirements, the subsidiary apartment
shall be considered part of the single detached residential dwelling.
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3) A minimum of one off-street parking spaces shall be required for the subsidiary
apartment.
4) The minimum floor area required is 40 m 2 for a one-bedroom subsidiary apartment,
plus 10 m2 for each additional bedroom.
5) The apartment shall not alter the appearance of the structure as a single detached
residential dwelling;
6) The apartment shall have a separate entrance/egress to the outside;
7) The apartment must be completely self-contained, with facilities for cooking, sleeping,
and bathing;
8) For lots without municipal water, Department of Digital Government and Service NL
shall determine water and sewerage disposal requirements and a permit will be issued
subject to its approval.
5.1.3
Satellite Dish - Residential
Notwithstanding the requirements of the Use Zone Tables, a satellite dish associated with
a residential use shall be permitted subject to the following condition:
1) a satellite dish which is attached to, or forms part of, a dwelling shall not exceed a
diameter of 1.25 metres;
5.1.4
Satellite Dish - Commercial
A satellite dish associated with a commercial use shall be permitted to the following
conditions:
1) unless otherwise determined by Council, there should be one satellite dish per lot;
2) the satellite dish shall not be located in the front yard or flanking side yard of a lot,
unless the area surrounding the satellite dish is screened from public view by an
adequate natural buffer or screen, the dish is consistent with the surrounding
development of the area and the satellite dish does not create any visual obstruction
to adjacent developments or passing vehicular traffic.
3) the satellite dish does not obstruct views from other properties.
4) the satellite dish is anchored to the building or site to withstand the appropriate wind
loads as determined by Council.
5) the satellite dish design, structure and colour are complimentary and sensitive to both
the development to which it is attached or situated and the immediate surrounding
properties. In cases where Council deems it appropriate, a satellite dish will be
required to be screened or landscaped in accordance with Council's requirements.
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5.2
ACCESSORY BUILDINGS
5.2.1
Accessory Buildings - General
Definition:
ACCESSORY BUILDING (as defined in the Minster's Development Regulations)
" .... 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;"
The following accessory buildings are in addition to the previous examples included in
the definitions in the Minister's Development Regulations:
a. a dock, wharf, slip or stage associated with a permitted use; exception includes a
storage building and workshop only if it does not detract from the nature of the
neighbourhood;
b. on a farm, it can include a residence only associated an agriculture farm operation.
General Conditions:
1) Accessory buildings are permitted in each use class provided the buildings are clearly
incidental and complimentary to the main buildings' character, size and use.
2) Accessory buildings shall not be used for human habitation.
3) The side yard requirements set out in the applicable Use Zone Tables shall apply to
accessory buildings wherever they are located on the lot but accessory buildings on
two (2) adjoining properties may be built to property boundaries provided they shall
be of fire-resistant construction and have a common firewall.
4) Quonset style/steel accessory buildings may be permitted within the Resource and
Agriculture Use Zone only.
5) Accessory buildings shall not be located in an easement;
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5.2.2
Accessory Buildings - Residential Use Classes (excluding Garden Suites)
Conditions
1) Location:
a. An accessory building shall not be built within any easement area;
b. Accessory buildings shall not be located in front of the building line (front yard) on
the street which the building has its legal civic address EXCEPT: An accessory
building on a corner lot may be located in front of the building line on the flanking
yard provided the location does not impede visibility on the flanking street, and
the accessory building is set back a minimum of 8 metres from the flanking street;
these accessory buildings are limited to 50 m 2 - provided that:
1.
A public notice has been advertised in accordance with the requirements
for Variances;
11.
The slope of the lot and/ or natural screening effectively blocks the view
of the building from the street and adjoining properties. The placement
of the building must not negatively affect neighbouring properties; and,
111.
A site plan is submitted showing all buildings on the lot including the
proposed accessory building.
2) the maximum floor area of an accessory building shall be 93 m 2 or seven percent (7%)
of the lot coverage, whichever is lesser; on lots with an area greater than 2780 m 2 shall
have a maximum floor area of 140 m2;
3) Residential lots may have more than one accessory building provided that the
maximum combined floor area of all buildings shall not be greater than the maximum
area as set out in the General Development Regulations and this Land Use Zone Table.
4) Setbacks:
1. A minimum of 1 metre from any property boundary; and,
11.
2-4 metres from any building; and
111.
3 metre from the nearest part of a residential structure;
s) Height:
1. Where the residence (primary use) is one-storey in height, the accessory
building shall not exceed the height of the primary building;
11. Where the primary building (single detached dwelling, detached dwelling,
townhome, etc.) is more than two stories in height, the accessory building
cannot be greater than 2/3 the height of the primary building;
6) Accessory buildings shall not be used for commercial or industrial uses on a
residential property, regardless of the use zone in which it is located, unless Council
has issued a permit for such use;
7) Repairs to vehicles, other than minor vehicle maintenance, are prohibited in accessory
buildings;
8) No truck, bus, semi-trailer, or other vehicle body shall be used as an accessory
building);
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9) Except for minor maintenance, no accessory building will be used for the repairing,
painting, dismantling, or scrapping of vehicles or machinery;
10) An accessory building may be used for a home business as outlined in Home business
section.
11) Exterior Cladding: With the exception of greenhouses, the exterior cladding of the
accessory building should match or coordinate with the exterior siding of the main
dwelling on the lot, and should be residential in character.
12) In making decisions with respect to accessory buildings, Council shall consider:
1. The location of the accessory building on the lot;
11. The size of the accessory building compared to the dwelling on the lot, and
the size of structures on neighbouring properties;
u1. Visibility of the structure from neighbouring properties and/or street;
1v. If the accessory building will block a view and/or light from adjoining properties;
v. The use of the accessory building;
vi. Site conditions, such as topography, and the presence of wetlands; and
v11. Any other on-site conditions that may warrant Council's considerations.
5.2.3
Accessory Buildings - Non-Residential
5.2.3.1
General
An accessory building associated with a non-residential use shall be permitted, subject to
the following requirements:
1) an accessory building shall be located on the lot so that it has no undesirable impact
on the private enjoyment of adjoining residential lots;
2) the use of an accessory building shall be directly related to the principal use or
building on the lot;
3) the maximum floor area of an accessory building shall be 100 m2 or seven percent (7%)
of the lot coverage, whichever is lesser;
4) an accessory building shall not be erected or placed upon any easements;
5) an accessory building shall maintain a minimum side yard and rear yard of 1 metre;
6) an accessory building shall maintain a minimum separation distance of 2 metre from
the main building;
7) radio and television antennae should have a maximum height of 15 metres;
8) the exterior siding of an accessory building should match or be complimentary to the
exterior siding of the principal building on the lot.
5.2.3.2 Trailers
The use of a trailer as an accessory building shall be permitted within the Industrial Zone,
subject to the trailer meeting the following conditions:
1) the use of the trailer shall be restricted to storage purposes only;
2) the trailer shall not be used for human habitation;
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3) the trailer should be located in the rear yard of the lot so that it is not visible from the
street;
4) the trailer should not be permitted to be located in a rear yard which abuts a
residential or open space Use Zone;
5) the trailer should be placed and anchored on the site in accordance with the
requirements of Council;
6) the trailer shall be kept in a good condition aesthetically and structurally; and
7) if, in the opinion of Council, the appearance and structural soundness of the trailer is
unacceptable, the trailer will be required to be removed from the site immediately.
5.3
HOME BUSINESS IN THE RESIDENTIAL LAND USE CLASS
Accessory uses in residential land use class are primarily those subsidiary activities
occurring in homes; these are most commonly referred to as 'home businesses' and are
sufficiently prevalent to require specific standards to ensure that the intent of each
residential zone can be protected for the enjoyment of its residents.
5.3.1
General Home Business
Definition: General home business means a subsidiary use of a dwelling or associated
accessory building for commercial use involving the provision or sale of goods and/or
services without detracting from the residential character of the neighbourhood in terms
of traffic, or any other nuisance. This does not include Remote work (also known as work
from home [WFH] or telecommuting) is a type of flexible working arrangement that
allows an employee to work from remote location outside of corporate offices.
Home Business examples may include, but are not limited to:
1.
Professions, such as an accountant, architect, auditor, engineer, realtor,
insurance agent, planner, lawyer;
11.
Artisan and other home crafts;
m.
Telephone and mail order business;
1v.
Food preparation for catering services and baking;
v.
Music and dance lessons, and educational tutoring
v1.
Personal service that do not disrupt the residential character of the
neighbourhood, such as a hairdressing, tailor, photographer, pet groomer,
caterer's establishment, shoe repair, dressmaking, sewing repairs and tailor
shop, small appliance, clock/watch, bicycle, ski and snowboard and
computer repair, locksmiths, manicurists;
vii.
Care services, such as child care, or home-care; and similar occupations or
businesses.
v111.
Art gallery and framing shop;
1x.
Pet grooming services;
x.
Bed and Breakfasts;
x1.
Boarding house;
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x11.
Home care-residential;
x111.
Furniture repair and upholstery;
xiv.
Sale of bedding plants and trees grown on the same lot;
Exclusions:
An accessory home-based business shall not include any business activity related to any of
the following uses:
1.
Occupations that discharge or emit odors, noxious or toxic matter or vapors; heat,
glare, noise, and/or radiation;
11.
Manufacturing, welding or any other light industrial use;
111.
The salvage, repair, maintenance or sales of motor vehicles, or motor vehicle
engines or parts;
iv.
Tow truck operations;
v.
The use of mechanical or electrical equipment except as ordinarily utilized in
purely domestic, household, recreational hobbies or a home office use;
v1.
The use of any motor vehicle exceeding 4,500 kg licensed gross vehicle weight, or a
commercial vehicle unless such vehicle is completely enclosed within a building;
v11.
Materials and commodities that involve delivery to and from the home-based
Vlll.
lX.
x.
XL
Xll.
Xlll.
XIV.
xv.
XVI.
xvii.
XVlll.
business residence in such bulk or quantity as to require regular or frequent
delivery by a commercial vehicle or trailer;
Business that result in traffic congestion, on street parking overflow, electrical
interference, fire hazards or health hazards;
Veterinary clinics, kennels;
Orchestra and band training;
Office uses that generate regular daily visits by clients, as in a clinic;
Public gathering use;
Telephone or mail order sales of goods where customers enter the premises to
inspect, purchase or take possession of goods;
The sale of any commodity not produced on the premises, except for personal
service-related products;
Warehouse outlet;
Contractors Yards;
Adult Entertainment Uses; and,
Any other use that is not complimentary to the quiet enjoyment of a residential
neighbourhood.
General Development Conditions for Home Businesses:
1) The use is clearly subsidiary to the residential use, does not alter the character of the
property or detract from the residential character of the neighbourhood. The primary
use of the property remains residential and the scope and intensity of the use classes is
entirely compatible with the residential uses of the property and neighbourhood;
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2) The external appearance of the dwelling or accessory building shall not be changed by
the home business.
3) Activities associated with the use are not hazardous, and are not a nuisance to the
occupants of adjacent dwellings; no mechanical equipment is used except that is
reasonably consistent with the use of a dwelling
4) No regular parking of commercial vehicles or trailers except for one vehicle with a
gross weight of no greater than one tonne will be permitted.
5) The residence is occupied by the operator of the home business.
6) The business within the dwelling must be owned and operated by 1 (one) resident of
the dwelling. The property owner must authorize an application for a home business
by a resident who is not the owner of the property. Working within the residence, the
home business is limited to 1 (one) employee or staff in addition to the
owner/ operator.
7) There shall be no wholesale or outdoor storage or display of goods or equipment.
8) There shall be no use or storage of hazardous or dangerous materials.
9) Any retail sales are incidental and subsidiary to the approved use; no wholesale or
retail sale of goods is externally apparent, for example, if sale of crafts occurs, it does
not occur through walk-in or drive-in trade. A home-based business is not a retail
shop, nor for customer destination wholesale sales.;
10) The residential lot has sufficient area to accommodate the parking and loading
requirements of the dwelling unit and the home business. In addition to the two
required parking spaces for a residential zone use, a home-based business shall
provide one additional parking space for each non-resident employee working at such
facility. The home base business applicant should provide a site plan that indicates
the parking space's location and any landscape improvements related thereto at time
of business license application.
u) The only home businesses that can be conducted outside the dwelling or accessory
building are Non-farm operation animal husbandry and market or home garden uses
as defined under 'Agriculture - Urban' and Child Care.
12) A non-illuminated identification sign not exceeding 0.2 m 2 in area shall be permitted
provided that the sign is consistent with the residential character of the
neighbourhood.
13) The use must be carried out inside the dwelling unit or inside an accessory building
located on the same lot; the home business will occupy:
a. no more than thirty percent (30%) of the total floor area of the dwelling unit to
a maximum of 55 m 2 can be used for the home occupation; and,
b. the home business can be housed all or in part in 1 (one) accessory building.
14) Council may require fencing, screening, and/or a minimum buffer to protect the
amenity of adjacent uses.
15) The home business will not create traffic safety or traffic congestion concerns. The
use shall not operate between 9 p.m. and 7 a.m.
16) Sufficient off-street parking must be provided; one dedicated parking spot is required
if there is the allowed employee of the home business working in the dwelling. If
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there will be customer visits, adequate parking should be provided to ensure no
parking on the street by residents, staff, or customers from the property housing the
home business. Parking should respect and maintain the residential character of the
neighbourhood;
17) The home business will adhere to all other conditions that Council considers
necessary to protect the amenity of adjacent uses and the neighbourhood.
18) The home business will not use water or generate sewage in excess of what is normal
is the residential area, and can be accommodated by the municipal water supply and
sewage system.
5.3.2
Development Conditions for Specific Home Businesses
5.3.2.1 Bed and Breakfast
Definition: Bed and breakfast, sometimes referred to as a hospitality home or inn,
means an owner-occupied or owner-managed dwelling for paid temporary
accommodation. 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. It does not
include a hotel, motel or hostel.
Conditions:
1) The principal use of the residential dwelling unit shall continue to be the home for the
ongoing occupation by a single family; no other use such as for a Residential Care or
Boarding use shall be permitted at the same time as a Bed and Breakfast use;
2) No more than four bedrooms accommodating not more than eight persons at any one
time may be used by residential homes for a Bed and Breakfast use;
3) Bed and Breakfast amenities should include a minimum of sleeping accommodation
area per bedroom of 12 m 2 and full bathroom facilities with potable hot and cold water
for each bedroom;
4) A Bed and Breakfast Use is not permitted within a subsidiary apartment, a mobile
home or within multi-unit dwellings units in the zones.
5) Must conform to Use Zone Table and conditions
5-3-2.2 Boarding House
Definition: Boarding house or lodging house means a single detached dwelling in which
rooms are regularly rented to 3 or more persons other than the immediate family of the
owner or tenant. Guests are semi-permanent boarders/lodgers, whereas hotel guests are
travelers and transient guests. For clarification, no permit is required for 1 or 2 boarders in
a single detached dwelling.
Conditions:
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1) Must conform to Use Zone Table and conditions and General Standards for Home
Businesses
5.3.2.3 Home Care: Residential
Definition: Home care or family and group care means a single detached dwelling
accommodating up to but no more than six ( 6) persons exclusive of family or staff
receiving care in a home-like setting, for example, group homes, halfway house, child,
adult care (seniors) or disabled persons.
Conditions
A family group care centre use is permitted in any dwelling that is adequate in size to
accommodate the number of persons living in the group, inclusive of staff, provided that,
in the opinion of Council:
1) The section of the street on which the use is located must have sufficient area and
sight distance for the safe and convenient drop off and pick up of children without
hindering the safety and convenience of vehicular and pedestrian traffic on the street,
or the development provides adequate off-street drop off or pick up spaces;
2) the use is compatible with nearby uses; that is, the use of the dwelling does not
materially differ from, nor adversely affect, the amenities of adjacent residences or the
surrounding neighborhood;
3) the operator of the Home Care shall maintain the dwelling in which the use is located
as his/her primary residence;
4) Council may require special access and safety features to be provided for the
occupants before occupancy is permitted.
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6.o
GENERAL REGULATIONS AND PROVINCIAL/FEDERAL INTERESTS
The following sections contain standards and conditions that may be relevant in any zone
for any development subject to the site location and proposed use or development.
6.1
BUILDINGS
6.1.1
Building Orientation and Quality
Taking into consideration 6.1.1 regarding building orientation to the street, wherever
possible, development or the siting of a building on a lot should be configured to optimize
winter solar exposure and shall take into consideration street/building layout, shading,
landscaping, and on-site parking.
Building Materials: All building materials for exterior finish will be subject to approval of
Council in respect to acceptable visual quality and design appearance. Any outside
elements including exposed ductwork, outside air conditioning units, cooling towers, and
tanks are subject to the approval of Council in respect to acceptable visual quality.
6.1.2
Heritage Building or Structure
Where Council designates a building or structure as a heritage building or structure, no
person shall pull down or demolish the designated heritage building or structure except
for life safety reasons or to carry out a public work, nor shall the exterior of the heritage
building or structure be repaired or altered without the written approval of Council.
6 .2
LOT SITING
6.2.1
Lot Area
1) No lot shall be reduced in area, either by the conveyance or alienation of any portion
thereof, such that:
a. the lot area, frontage, front yard, rear yard, and side yards are less than the
minimums permitted by these Regulations for the zone in which such lot is
located, and
b. the lot coverage of all buildings exceeds the maximum permitted by these
Regulations for the zone in which such lot is located.
2) Where any part of a lot is required by these Regulations to be reserved as a yard, it
shall continue to be so used regardless of any change in the ownership of the lot or
any part thereof and shall not be deemed to form part of an adjacent lot for the
purpose of computing the area thereof available for building purposes.
Town of St. Joseph's
Development Regulations 2022-2032
6.2.2
Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to
satisfy the yard and other allowances required in the Use Zone in which the property is
located. These requirements must be retained when the adjacent land is developed.
6.2.3 Lot Fronting on to a Public Street
1)All development must front on to a publicly maintained road (Provincial or Municipal).
Exceptions include: (1) a development within a Planned Unit Development where there
may be an internal road plan (which will be set out in the Development Regulations);
however, the Planned Unit Development must front onto a publicly maintained road;
and (2) natural resource uses and associated industries, i.e., agriculture, forestry,
mineral working, etc. (3) recreational cottages located on a resource road and remote
cottages not accessible by highway vehicle.
2.)
The front wall of a dwelling shall face the street on which it is located and shall
have a civic number easily visible for fire and emergency services (see 6.1.2).
6.2.4
Building Line and Setbacks
1) Council may exercise its discretion to change an established building line on an
existing or proposed street taking into consideration that the change:
a. does not create an obstruction to other dwellings on the street,
b. is sympathetic to the location and setback of adjacent buildings,
c. does not create a safety hazard, and
d. is not a hindrance to municipal snow clearing or snow storage operations on
the street.
2) The building line setback is measured from the front property line where the property
line is the same as the road reservation; if the property line is different from the road
reservation, then the building line is measured from the road reservation.
3) Adequate building setback from roads shall be required in order to maintain road
standards, consider public safety requirements for side/back/front yards; and conform
to the existing development pattern; and, ensure adequate provision is made for light,
privacy, and amenity.
4) Setbacks should be sufficient to allow for landscaping of front yards, vehicle off-street
parking and take into consideration Town service obligations, such as, snow clearing;
5) To encourage a more interesting streetscape Council can allow staggered building line
setbacks
6) 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 the
section on Variances in these Regulations.
7) If required, the building line as set out in the provincial Building Near Highways
Regulation along any provincial highway, must be adhered to.
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6.2.5
Flanking or Corner lots (double fronting lots)
In the case of a corner lot, the shortest lot line facing the street shall be the front lot line;
therefore, the other lot line is the flanking side yard, and in the case of double fronting
lots or where the lot lines are equal in length, the front lot line shall be determined by the
orientation direction of the majority of adjacent neighbourhood buildings, and the other
lot line is the flanking side yard.
Abutting Yard
: u
~
--
--
-·---
Rear Yard
[] :
Ab:utting Yard
I
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Front Yard
====:::;::::=iQ~=====:;=tQ~====
6.2.6
Side Yards
An unobstructed side yard shall be provided on the exposed sides of every building in
order to provide access for the maintenance of that building.
6.2.7
Multiple Uses on One Lot
Where two or more different uses may exist in a single building, more than one main
building may be permitted on a single lot, or a single lot may contain more than one
permitted use, provided that each use shall conform to all :requirements in these
regulations that are applicable to that use. Exception: This does not apply to a single
detached dwelling that is not part of a planned unit development.
Multiple use may not be permitted where the Authority 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.
Where more than one main building is developed on a single lot, sufficient area shall be
reserved to satisfy the yard requirements and other allowances outlined in the Use Zone
Table applicable to the lot. These allowances shall be maintained when the adjacent land
is developed.
Town of St.Joseph's
Development Regulations 2022-2032
6.2.8
Outdoor Storage
1) The Council may require screening from street and other surrounding development
which could include fencing or landscaping.
2) The Council may, where outdoor storage is unsightly or dangerous to health or safety,
order the owner or occupier of the site to remove and dispose of unsightly or
dangerous materials or buildings, or restore the unsightly or dangerous materials or
buildings to a more acceptable and pleasing condition.
6.3
LANDSCAPING, BUFFERS AND NUISANCE & UNSIGHTLY USES
6.3.1
General Requirements - Residential, Commercial and Industrial zones
1) No site work (clearing or grubbing) shall commence until a development permit is
issued including conditions regarding existing site vegetation and proposed landscaping
treatment.
2) The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit for a new development or the renovation of an
existing building that includes site work, where, in the opinion of the Town, the
landscaping or screening is desirable to preserve amenity and/or or protect the
environment.
3) Proposed landscaping or a minimum of suitable ground cover must be achieved within
18 months of completion of the work approved in the development permit.
4) The Council may require a landscape deposit or a financial guarantee (refer to
subsection 2.5.3) in the amount to cover the costs of the landscaping of the lot or area
as a condition of the Development Permit:
5) The deposit shall be paid prior to the issuance of the applicable permit by the Town.
6) The deposit shall be returned upon the successful completion of the landscaping to the
satisfaction of the Town.
7) The amount of the landscape deposit may be set at the amount required to meet
minimum suitable ground cover to prevent soil erosion.
8) Wherever grass is a requirement for the development of a lot or space, a minimum
topsoil depth of 100 mm will be required for the planting of grass or the laying of grass
sods.
9) To preserve existing natural vegetation on a new site, at the direction of Council, the
limits of new development should be delineated in the field and site work will be located
in such a manner to minimize disruption on the existing and surrounding natural
vegetation.
10) All areas that are disrupted by construction should be reinstated by the developer using
natural landscaping with a minimum of topsoil (100 mm) and grass.
11) Council may require the planting of trees as a condition of a development permit
approval.
12) All landscaping must be maintained in good condition, not create a nuisance, and
provide sufficient cover to prevent soil erosion.
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6.3.2
Landscaping requirements for subdivisions
1) Wherever possible, natural areas should be maintained in their natural state and the
destruction of these natural areas by development should be minimized. If the natural
area is a part of a public open space area, the developer should prepare a landscape plan
integrating the natural areas with the portions of the open space area that is to be
developed for recreational purposes. The plan will illustrate the grading relationships
between developed and natural areas of the park.
2) Minimum landscaping of the recreational open space area should be topsoil and grass
seed, as determined by the Town. Note that mulch or pebbles alone are not considered
landscaping unless they are part of an overall landscape plan.
3) Where it is determined by Council that berming or a swale is required, or that major
sloping occurs within, or outside, the normal boundaries of a lot, it shall be the
developer's responsibility to landscape the berm, swale or slope with a minimum of
grass.
4) A landscape deposit may be required as part of the Subdivision Agreement to be
returned upon the acceptance of the area by Engineering Services.
6.3.3
Buffers and Separation Distances Between Land Uses
Definition: Buffer means a berm, wall or opaque fence, row of trees or shrubs, hedge,
fence, or distance separation that provides a barrier between incompatible uses intended
to obstruct or reduce the noise, lighting glare, unsightly views or any other nuisance of
one land use or property onto another. Council may require landscaping and screening
buffers for a proposed development in order to provide:
a. an acoustic barrier;
b. an attractive visual continuity and appearance between developments or on an
individual site;
c. delineation of an area; and
d. protection for the natural environment.
6.3.3.1 Buffer between Residential and -Non-residential uses
1. Council may require a screen or separation between different or incompatible uses,
principally between residential and non-residential uses, which may consist of
either a screen of a minimum height of 2.4 metres and a buffer of 10 metres
between residential and industrial; and 3 metres between residential and
commercial.
2. Where an industrial, commercial or public institutional development permitted in
any Use Zone abuts a street that is used as an access into a residential area or zone,
a structural barrier or fence may be required in the flanking street side yard by
Council and the structure or barrier shall be maintained by the owner or occupier
of the property to the satisfaction of Council.
Town of St.Joseph's
Development Regulations 2022-2032
6.3.3.2 Separation Buffers
The following tables provide recommended and mandatory separation distances between
various types of land uses that may not be compatible, depending upon location and site
conditions. The first table deals with Non-Residential uses adjacent to or near Residential
uses; and the second table deals with Non-residential uses and other Non-residential uses.
Separation Between Non-Residential Uses and Residential Uses (minimum)
Non-residential uses:
Buffer
Mandatory (M)or
(metres)
Recommended ((R)
AE!.riculture - farm operation for livestock
600
M
Amusement establishment
4"i
R
Auto reoair bodv reoair car wash
20
R
Bar, club, lodge,
100
R
Cottage
-
At discretion of Council
Industrial - Qeneral and hazardous
100
R
Industrial - light
10
R
Kennel - > 4 dog runs
215
R
Kennel - four or fewer dog_ runs
100
R
Mineral working
~00
M
Public institutional
~
R
Restaurant - drive through
'.3
R
Salvage/scrap yard
200
R
Solid waste recycling/ disposal &
300
R
composting sites
Separation Between Non-Residential Uses (minimum)
Uses
Separation distance in metres
Mandatory (M) or
Recommended (R)
Agriculture farm
45 from Centerline of Street
M
operation
Cottage
30 from Watercourse
M
Mineral working
150 from proposed development
M
90 from Designated Protected Road
M
50 from Local public roads
M
"iO Commercial, public &institutional uses
M
Salvage/scrap yard
100 from Existing/future commercial areas
M
2"i Public hiE!.hwav or street
M
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Separation Between Non-Residential Uses (minimum)
50 from Watercourse/water body
M
Solid waste
150 from Potential development areas
R
recycling/ disposal
50 from Watercourse/ water body
M
and composting sites
90 Class I and lI Protected Roads
M
50 from Class III and IV Protected Roads &
M
local roads
When evaluating the type and location of buffers, Council should consider general
wildlife habitat and landscape connectivity for habitat protection. This could include:
a. Maintaining appropriate riparian buffers, which are natural green belts along
wetlands and waterbodies (ponds, rivers, creeks etc.). The Wildlife Division
recommends a 30 metre minimum undisturbed natural vegetated green belt as a
standard requirement when dealing with any type of land use activity; and wider
green belts are suggested when bordering land uses include agricultural practises.
b. To maintain landscape connectivity, green belts should be connected to forested
areas or other habitat patches to create travel corridors for various wildlife species
when considering retention of vegetation on development sites during lot
clearing.
c. Council shall consider restricting vegetation clearing between the May 01 to July 31
period (some raptors start breeding in March) as disturbance can be most
detrimental during that sensitive breeding/ young rearing period.
6.3.4
Prohibition on Land Use and Development that create Nuisance, Danger
or are Unsightly
Definitions:
Nuisance means anything that is obnoxious, offensive or interferes with the use or
enjoyment of property, endangers personal health or safety, or is offensive to the senses.
This could include that which creates or is liable to create a nuisance through emission of
noise, smoke, dust, odour, heat, light, fumes, fire or explosive hazard; results in the
unsightly or unsafe storage of goods, salvage, junk, waste or other materials; poses a
hazard to health and safety; or adversely affects the amenities of the neighbourhood or
interferes with the rights of neighbours to the normal use and enjoyment of any land or
building;
Dangerous or unsightly means partly demolished, decayed, deteriorated or in a state of
disrepair so as to be dangerous, unsightly or unhealthy, and includes property containing:
Town of St. Joseph 's
Development Regulations 2 0 22-2032
a. ashes, junk, cleaning of yards or other rubbish or refuse or a derelict vehicle, vessel, item
of equipment or machinery, or bodies of these or parts thereof,
b. an accumulation of wood shavings, paper, sawdust, dry and inflammable grass or weeds
or other combustible material,
c. an accumulation or collection of materials or refuse that is stockpiled, hidden, or stored
away and is dangerous, unsightly, unhealthy, or offensive to a person, or
d. any other thing that is dangerous, unsightly, unhealthy or offensive to a person, and
includes property, a building or structure with or without structural deficiencies
1.
that is in a ruinous or dilapidated condition,
11.
the condition of which seriously depreciates the value of land or buildings in the
vicinity,
m.
that is in such a state of non-repair as to be no longer suitable for human
habitation or business purposes,
1v.
that is an allurement to children who may play there to their danger,
v.
constituting a hazard to the health or safety of the public,
v1.
that is unsightly in relation to neighbouring properties because the exterior
finish of the building or structure is not maintained,
v11.
that is a fire hazard to itself or to surrounding lands or buildings,
v111.
that has been excavated or had fill placed on it in a manner that results in a
hazard, or
1x.
that is in a poor state of hygiene or cleanliness;
Condition:
(12)
No building or land shall be used for any purpose which may be a nuisance,
dangerous or unsightly.
6.4
MUNICIPAL SERVICES
6.4.1
Streets and Access to streets
1) All development must have independent, approved access.
2) A new street may not be constructed except in accordance with and to the design and
specifications established by Council.
3) Access(es) shall be located to the specification of Council so as to ensure the greatest
possible convenience and safety of the street system and Council may prescribe the
construction of service streets to reduce the number of accesses to collector and
arterial streets.
4) No vehicular access shall be closer than 10 metres to the street line of any street
intersection, or 20 metres to the street line of a street intersection in the case of a
collector or arterial road.
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5) Access shall be located so that there is no visual obstruction for drivers of vehicles
entering or exiting the development; therefore, to protect sightlines (view) of
motorists and pedestrians:
6) All occupied lands within 7 metres of a street intersection should be kept free of any
shrubs, plants, and trees that will impede the line of vision clear for motorists and
pedestrians, and
7) No building or structure should be permitted to be erected, moved, enlarged, or
reconstructed on any land that is within 7 metres of a street intersection.
8) In order to control access to streets, Council may, by the adoption of an Access Plan:
a. determine the number, location and layout of accesses to a street;
b. require an access to a service street, where direct access to an arterial street is
not desirable;
c. require two or more properties to share a joint access to an arterial street where
individual accesses would not be desirable; and,
d. Where Council has adopted an access plan, the location of accesses to existing
and new developments shall be in accordance with that plan.
9) All access to a provincial highway is determined by the Department of Transportation
and Infrastructure (access permits are administered by Department of Digital
Government and Service NL).
10) Notwithstanding the above subsections, the following types of development may be
allowed on lots that front on to a private road provided that arrangements are made
for the maintenance of the on-site road, but that the road is not maintained by a
Council at public expense:
a. commercial rental cottages;
b. seasonal commercial uses related to tourism;
c. resort developments;
d. seasonal cottage developments not intended for permanent residential use; and,
e. vacant land condominium subdivisions.
6.4.2
Shared Driveway (Access)
Definition: A Shared Driveway (Access) means a roadway within private property that is
privately owned, maintained, and used for vehicular travel by the owner and those having
express or implied permission from the owner, but not other persons. Their main
function is to provide access to the private land.
Conditions:
1) A shared driveway is considered a private road and it shall not be maintained by
Council;
2) No more than three properties are allowed to have a shared driveway (private road);
3) All primary buildings accessed by a shared driveway must have a street number
visible from the street in order to meet public safety and emergency requirements.
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6.4.3
Municipal Services and Public Utilities
Within any Use Zone, Council may permit land to be used for 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:
1) the design and landscaping of any development of any land so used is, in the opinion of
Council, adequate to protect the character and appearance of the area.
6.4.4
Storm Water Management
1) Land shall be used and graded in such a manner that run-off from the land or
development does not negatively impact adjoining properties, and that all surface
drainage should be captured on site in accordance with the requirements of Council.
2) Where development results in the discharge of storm water into a wetland, waterbody,
or watercourse, such discharge should be designed to minimize any environmentally
detrimental effects on the receiving water or watercourse and should be designed and
constructed in accordance with the requirements and conditions of the Water
Resources Management Division and Council.
3) Consideration should be given to green approaches to storm water management.
6.4.5
Effluents:
1) Liquid or Semi-Solid Industrial Drainage: No liquid or semi-solid industrial waste or
effluent should be discharged on the surface or into the ground and no water borne
industrial waste or effluent should be discharged on the surface or into the ground,
into the surface drainage ditches or sanitary sewers unless the chemical and/or
biological content is acceptable to Council or authorities having jurisdiction.
2) Any effluent or runoff leaving the site will be required to conform to the requirements
of the Environmental Control Water and Sewage Regulations, 2003
6-4.6
On-Site Services (Wells and onsite sanitary sewer systems)
1) Approvals for installation of on-site water and sewer systems must be obtained from
Department of Digital Government and Service NL.
6.5
FEDERAL AND PROVINCIAL GOVERNMENT REQUIREMENTS
Wherever possible, the requirements of the federal and provincial agencies have been
incorporated into the Development Regulation standards; however, given that these
change over time and other exigencies, applicants are responsible to ensure that all
appropriate federal and provincial permits and approvals have been secured prior to the
use and/or development of land within the Municipal Planning Area boundary.
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6.5.1
Climate Change Division
Take into consideration available data regarding provincial climate change projections for
Argentia (nearest regional site) when considering land for future developments that are in
close proximity to a river, floodplain or coastline. These projections suggest that extreme
precipitation events will become more intense, by about 4%. Climate change is expected
to result in more precipitation and more frequent extreme weather events that may result
in increased flooding, sea surge and coastal erosion. These factors will be considered
when allocating land for future developments that are in close proximity to a river,
floodplain or coastline;
6.5.2
Crown Land Administration Division
1) The use of Crown land is subject to the Town of St. Joseph's Municipal Plan and
Development Regulations, including zoning and permitting requirements.
2) Approvals must be obtained from the appropriate Regional Lands Office, Government
of Newfoundland and Labrador; applications are made to the Regional Lands Office.
3) Crown land applications must be approved by the Council regarding the use and
development of the land prior to approval for issuance of title by the Lands Branch of
the Government of Newfoundland and Labrador.
6.5.3 Digital Government and Service NL
1) Council shall require compliance with Department of Digital Government and Service
NL requirements, before issuing approvals. These include, but are not limited to: on-
site services, highway signs; electrical permits; building accessibility; access to
highways; tanning salon and/or Personal services establishment; Food establishment
licence; public markets/farmer's markets; meat plant; pool; wastewater or water system
approval; tobacco sales; water supply testing; cemetery; waste management; fuel storage
and handling; asphalt, boiler; pressure vessel and compressed gas installation. The
Development Regulations will provide greater detail on: on-site services, highway signs;
building accessibility; access to highways.
2) Council will refer applications involving the following activities to DGSNL: on-site
services, highway signs; electrical permits; building accessibility; access to highways;
tanning salon and/or Personal services establishment; Food establishment licence;
public markets/farmer's markets; meat plant; pool; wastewater or water system
approval; tobacco sales; water supply testing; cemetery; waste management; fuel storage
and handling; asphalt, boiler; pressure vessel and compressed gas installation. The
Development Regulations will provide greater detail on: on-site services, highway signs;
building accessibility; access to highways.
3) The Dump Site Referral Buffer as indicated on the Land Use Atlas will be mapped on
the Land Use Zoning map as an Overlay called the 'Dump Site Referral Buffer'; and
Council will refer applications within the 'Dump Site Referral Buffer' Overlay to the
Department of Digital Government and Service NL for review prior to approval.
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6.5.4 Forestry and Wildlife Division
(1) Forestry
a. Domestic harvesting areas will be located in the Rural zone.
(2) Wildlife
To protect general wildlife habitat and landscape connectivity, require the Protection 'on
following conditions on applications in the vicinity of waterbodies, as practicable:
a. a riparian buffer of 30 metres minimum undisturbed natural vegetated along
wetlands and waterbodies (ponds, rivers, creeks etc.) or more for riparian areas
near agricultural areas;
b. green belts connected to forested areas or other habitat patches to create
wildlife travel corridors;
c. indicate a minimum percentage of forests to be maintained during lot clearing;
As practicable, vegetation clearing will be done outside the May 01 to July 31 period, to
minimize disturbance during that sensitive breeding/ young rearing, whenever possible;
6.5.5
Surveys & Mapping Division
1) Control Survey markers are shown on the Land Use zoning map. Council will inform
the Surveys and Mapping Division when a proposed development is proposed in the
vicinity of a Survey Control Monument.
6.5.6
Land Resources Stewardship Division
(1) Commercial agricultural use is permitted in the Rural zone.
6.5.7 Mineral Lands Division
Quarries
a. Residential development will not be allowed to encroach on the areas identified with
aggregate potential by the Mines Branch, particularly within the 300 m quarry
referral buffer;
b. Applications for development within the 300 m Quarry referral buffer, which is
shown as a Land Use Overlay on the Land Use zoning map, must be referred to the
Mineral Lands Division for comment prior to approval.
Mineral Exploration
a. Mineral exploration that is not a development is allowed as a permitted use in all
zones;
b. Mineral exploration that is a development are allowed as a discretionary use in all
zones; Incorporate development requirements regarding poten6al mining into the
Development Regulations;
c. Mineral working is a permitted use in areas zoned 'Rural'.
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Removal of Quarry materials, site grading, soil deposit
a. No development permit for removal or deposit of soil, or the excavation and
removal of excavated material or grading is required if it is part of an approved
development project or affects less than 125 m3 of soil, sand, gravel, rock or other
substance down to and including bedrock. All other cut or fill work, excavation
and removal and deposit of material or grading requires a development permit
under these Development Regulations.
6. Removal or deposit of soil, topsoil, sods, or the excavation and removal of
excavated material or grading requiring a development permit, must meet the
following conditions:
1.
land intended for the activity or grading has a slope of less than 25%;
11.
resulting slopes are stable and without hazards;
m.
when the work is completed, the area affected shall be covered with
topsoil and other necessary material for vigorous plant growth and
planted with appropriate vegetation;
1v.
drainage must be provided to the satisfaction of Council and will be
designed so as not to impair existing surface drainage nor to create
erosion either on the site or on adjacent sites; The above requirements
may be incorporated in a grading plan
c. Development is restricted in environmentally sensitive areas such as steep
slopes, and areas prone to landslides and rockfall;
d. For approved developments where the extraction of quarry materials is occurring
or may be expected occur, the Town will send a copy of the development permit
to the Quarry Materials Section, Mineral Lands Division, at [email protected] .
Note that quarry materials include but are not limited to aggregate, fill, rock,
stone, gravel, sand, clay, borrow material, topsoil, overburden, subsoil, peat. It
is important that the Mineral Lands Division have the documentation necessary
to distinguish excavation associated with an approved development from
excavation that constitutes quarrying; possessing development permits for
developments which may involve excavation will assist greatly in making this
distinction.
6.5.8
National Codes and Regulations
The National Building Code, and associated codes, such as the Plumbing Code, the Fire
Code, the Electrical Code, the Life Safety Code, and any other ancillary code and other
municipal regulations or bylaws regulating or controlling the development, conservation,
and use of land shall, under these Development Regulations apply to the entire Municipal
Planning Area.
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6.5.9
Newfoundland and Labrador Hydro- Easements
Council will consult with Newfoundland Power and Newfoundland and Labrador Hydro
regarding any applications for development near overhead distribution lines and a main
transmission line that fall within the Municipal Planning Area boundary.
6.5.10
Provincial Archaeology Office
1) If an archaeological site or artefact 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. Any accidental discoveries of
historic resources shall also be reported by the Town to the Provincial Archaeology
Office.
2) Before approval is granted for a major development such as a subdivision or a new
commercial or public building, the application will be referred to the Provincial
Archaeology Office for comments.
6.5.11 Provincial Highway Sign Regulations, 1996
1) A permit for erection or display of advertisement on Provincial Highways shall be
obtained from the Government Service Centre. This requirement applies within a
control line established on each side of every highway, as follows:
2) Notwithstanding subsection (1), within the boundaries of each incorporated
municipality or the built-up established areas of unincorporated communities, the
control line shall be 100 metres distant, measured horizontally, from the centre line of
the roadway or the centre line of the nearest lane of a divided highway.
6.5.12
Water Resources Management Division
Definition: (From the Water Resources Act, 2002) "body of water" means a surface or
subterranean source of fresh or salt water within the jurisdiction of the province, whether
that source usually contains liquid or frozen water or not, and includes water above the
bed of the sea that is within the jurisdiction of the province, a river, stream, brook, creek,
watercourse, lake, pond, spring, lagoon, ravine, gully, canal, wetland and other flowing or
standing water and the land occupied by that body of water;
Conditions:
(1) Protect rivers, streams, ponds, wetlands, riparian areas, and shorelines by ensuring
conformance with requirements of the Water Resources Management Division of the
Provincial government under the Water Resources Act, 2002 and the Environmental
Protection Act, 2002 including Policy Directives:
a. W.R.91-1-Infilling Bodies of Water;
b. W.R. 97-1-Development in Shore Water Zones;
c. W.R. 97-2-Development in Wetlands;
d. Guidelines for the Construction and Maintenance of Wharves, Breakwaters,
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Slipways and Boathouses; and,
e. Environmental Control Water and Sewage Regulations, 2003 for any effluent or
runoff from a site.
To ensure conformance with requirements of the Water Resources Management Division
of the provincial government regarding development within or adjacent to a Watercourse
or Wetland, the following applies:
1) For all portions of a lot that are located within 15 metres of the edge of a wetland or the
top of the stream bank of a watercourse, no building or structure will be permitted,
except for:
a. reconstruction of a building that was in existence on the date of approval of this
Municipal Plan;
b. an accessory building or structure to the above reconstructed building;
c. a passive recreational use;
d. wharves, boathouses, slipways and breakwaters that conform to the guidelines
provided by the Water Resources Management Division; and/or,
e. uses that require direct access to a body of water in buffers.
2) A Section 48 permit under the Water Resources Act, 2002 administered by the Water
Resource Management Division of the Department of Municipal and Provincial
Affairs, and compliance with departmental policy is required, for:
a. Any infilling work within 15 metres of a body of water; and,
b. Any work in Shore Water zones ("Shore Water Zone" means the land that is
intermittently occupied by water as a result of the naturally fluctuating surface
water level in a body of water which can be either a fresh or salt water body and,
in either case, the low water mark and high-water mark of the water body defining
the edges of the shore water zone);
3) A Non-Domestic Water Use Permit from the Water Resource Management Division of
the Department of Municipal and Provincial Affairs is required before construction
and for all existing, new or planned water use from any water source;
4) On-site sewerage disposal systems are prohibited within 30 metres from a waterbody
or watercourse;
5) A minimum 100 m land development buffer, which is shown as a Wellhead referral
overlay on the Land Use zoning map, is required from the Wellheads: development in
the vicinity of the wellheads must receive approval from the Water Resources
Management Division and Town Council.
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7.0
OFF-STREET LOADING, PARKING AND SIGNS
7.1
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 m 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 during
application review.
3) The loading spaces required by this Regulation will be designed so that vehicles can
maneuver clear of any street and so that it would not be necessary for any vehicle to
reverse onto or from a street.
7.2 PARKING
7.2.1
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. Off-street parking requirements are
set out in Section 7.2.3.
2) Each parking space, except in the case of a single detached, semi-detached or attached
dwelling, will be made accessible by means of a right-of-way at least 3 metres wide.
3) Residential parking spaces shall be provided on the same lot as the dwelling or
dwellings.
4) No regular parking of commercial vehicles or trailers except for vehicles with a gross
weight of no greater than one tonne will be permitted in a residential zone unless
specific provision has been made for this type of parking with the approval of Council.
5) Parking space for apartment buildings should be provided in the rear yard, where
possible.
6) The parking facilities required by this Regulation will, except in the case of single
detached, semi-detached or attached dwellings, be arranged so that it is not necessary
for any vehicle to reverse onto or from a street.
7) 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,
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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,
d. 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.
8) Where, in the opinion of Council, strict application of the above parking requirements
is impractical or undesirable, Council may, as a condition of a permit, require the
developer to pay a service levy in accordance with these Regulations in lieu of the
provision of a parking area, and the full amount of the levy charged should be used by
Council for the provision and upkeep of alternative parking facilities within the
general vicinity of the development.
7.2.2
Parking Development Plans
Council may exempt or change all the off-street parking required under Section 7.1 for a
designated area, provided the development within the designated area is controlled by a
Planned Unit Development.
7.2.3
Off-Street Parking Requirements
1) The off-street parking requirements for are set out in the following table, and for those
uses not indicated, then the parking and off-loading requirements are at the discretion
of Council. In the case of developments that include more than one use or
development, 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.
3) The number of spaces to be provided for off-street parking will be in accordance with
the following table.
USE/DEVELOPMENT
Amusement
Animal Groomin
A artment Buildin
Automotive Sales
Bake
Bank
Bank - Drive throu h
Bar(ni htclub)
Town of St. Joseph's
MINIMUM OFF-STREET PARKING REQUIREMENT
In addition to the parking spaces required for the
principal building, one parking space for every 20 vehicles
of ca
for sales dis la at the automotive sales lot
One
One
One
5 m2 of sea tin area
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USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT
Bed and Breakfast
One parking space per guest room in addition to the two
spaces for the dwelling unit
Car Wash
One parking space per washing bay and one parking
space for each 30 m2of office space
Clinic
Three parking spaces per examining room
Club and Lodge
One space for every 3 persons that may be accommodated
at one time
Commercial Garage
One parking space per 30 m2 of net floor area (parking
provision for the storage of new & used vehicles for sale
shall not be counted towards this requirement)
Convenience Store
One space for every 20 m2 of gross floor area
Public Gathering Places
One space for every 60 m 2of gross floor areas
Day Care-non-residential
One space for every 30 m2of gross floor area
Home Care-residential
One parking space per 30 m2 of net floor area
Semi-Detached (Double)
Two spaces for every dwelling unit
Dwelling
Dry Cleaning
One parking space per 30 m2 of net floor area
Educational
Schools - 2 spaces for every classroom; Further education
- 1 space for every 5 persons using the facilities (students,
faculty and staff)
Funeral Home
One parking space for every 5 m 2of gross floor area used
bv visitors
Furniture & Appliance
Showroom
One parking space for every 50 m 2of gross floor area
General Industry
One parking space for every employee
General Service
One space for every 25 m 2 of gross floor area
Hazardous Industry
One parking space for everv employee
Health Club
One parking space for every 20 m 2of gross floor area
Hotel
One parking space for every 3 sleeping units plus one
parking space for every 15 m 2 of banquet seating area
Light Industry
As specified by Council but not less than one space per 50
m
2 of gross floor area or 5 parking spaces, whichever is
greater
Medical and Professional
One space for every 25 m2 of gross floor area
Medical Treatment and
Once space per 22 m2of suite or ward area
Special Care
Mobile & Mini Homes
Two spaces for every dwelling unit
Office
One space for every 30 m
2 of gross floor area
I
Personal Service
One space for every 25 m 2 of ITToss floor area
Public Gathering Place-
One space for every 6 seats; or one space for every 15 m 2of
Indoor
gross floor area
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USE/DEVELOPMENT
MINIMUM OFF-STREET PARKING REQUIREMENT
Regional Institutional Use
One parking space for every 10 spectators that may be
accommodated at one time
Restaurant
One parking space for every 5 m 2of seating area
Restaurant - Drive
One parking space per 5 m 2of seating space
Through
Restaurant -Take-out
One space for every 25 m2 of gross floor area
Retail
One space for every 20 m 2 of gross floor area
Row Dwelling
Two spaces for every dwelling unit
Service Station
One space for every 20 m2 of gross floor area
Shopping Centre
One space for every 20 m2 of gross floor area
Single Detached Dwelling
Two spaces for every dwelling unit
Sport & Recreation facility
Three parking spaces for every 5 patrons of the facility at
maximum capacity
Subsidiary Apartment
One parking space for every dwelling unit
Veterinary
One space for every 25 m 2 of gross floor area
7.2.4
Designated Mobility Impaired Parking Spaces
For any development where parking spaces for person with disabilities are required
pursuant to the Buildings Accessibilities Regulations under the Building Accessibility Act,
1990, such spaces shall be provided on the basis of one parking space per lot or four
percent (4%) of the total number of required parking spaced provided on the lot,
whichever is greater, according to the regulations, and such parking space or spaces
should be designated and marked in accordance with the Designated Mobility Impaired
Parking Regulations under the Highway Traffic Act, 1990 and the Buildings Accessibilities
Act, 1990.
7.3.
SIGNS (ADVERTISEMENTS)
7.3.1
Permit Required
Application for a permit to erect or display an advertisement shall be made to the
authority in accordance with the requirements for a development permit as set out in the
Administration Section. Approval may be subject to conditions as determined by Council
No sign or advertisement shall be erected or displayed in the Planning Area unless a
permit for the advertisement is first obtained from the Authority, except for those signs
that are exempt from control as listed in provision 7.3.1.1.
7.3.1.1
Signs/Advertisements Exempt from Permit Requirement
The following signs may be erected or displayed in the Municipal Planning Area without
permit:
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a. on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
0 .2 m2 in area;
b. on an agricultural holding or farm, a notice board not exceeding 1 m2 in area and
relating to the operations being conducted on the land;
c. on land used for forestry purposes, signs or notices not exceeding 1 m2 in area
and relating to forestry operations or the location of logging operations
conducted on the land;
d. on land used for mining or quarrying operations, a notice board not exceeding 1
m 2 in area relating to the operation conducted on the land;
e. on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding
0.2 m2 in area in connection with the practice of a professional person carried on
in the premises;
f.
on any site occupied by a church, school, library, art gallery, museum, institution
or cemetery, one notice board not exceeding 1 m2 in area;
g. on the principal facade of any commercial, industrial or public building, the
name of the building or the name of the occupants of the building, in letters not
exceeding one-tenth of the height of that facade or 3 metres, whichever is the
lesser;
h. on any parking lot, directional signs and one sign not exceeding 1 m2 in size,
identifying the parking lot.
7.3.1.2 Signs/Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any
highway or street reservation.
7.3.1.3 Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement
shall be for a limited period, not exceeding two years, but may be renewed at the
discretion of the Authority for similar periods.
7. 3.1.4 Removal of Signs/ Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the
removal of any advertisement which, in its opinion, is:
a. hazardous to road traffic by reason of its siting, colour, illumination, or structural
condition, or;
b. detrimental to the amenities of the surrounding area.
7.3.1.5 Non-Conforming Uses
A permit may be used for the erection or display of signs or advertisements on a building
or within the courtyard of a building or on a parcel of land, the use of which is a non-
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conforming use, provided that the advertisement does not exceed the size and type of
advertisement which could be permitted if the development was in a Use Zone
appropriate to its use, and subject to any other conditions deemed appropriate by the
Authority.
7.3.2
Sign Standards
7.3.2.1 Advertisements Relating to Onsite Uses
The conditions for the erection or display of a sign on any lot or site occupied by a
permitted use or a legal non-conforming use shall be as follows:
a. The size, shape, illumination and material construction of the advertisement shall
meet the requirements of Council, having regard to the safety and convenience of
users of adjacent streets and sidewalks, and the general amenities of the
surrounding area.
b. No advertisement shall exceed 1.5 m2 in area.
c. Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs")
will not be allowed in the residential area.
7.3.2.2 Advertisements Relating to Offsite Uses on Local Roads
The conditions for the erection or display of a sign on any site, relating to a use permitted
in this or another zone, or not relating to a specific land use, shall be as follows:
a. No advertisement shall exceed 1.5 m2 in area.
b. When the advertisements relate to a specific land use, they shall be located within
a reasonable distance of, and only show thereon the name and nature of the
distance or direction to, the premises to which they relate.
7.4
Provincial Highway Sign Regulations, 1996
A permit for erection or display of advertisement on Provincial Highways shall be
obtained from the Government Service Centre. This requirement applies within a control
line established on each side of every highway, as follows:
a. Every control line shall be 400 metres distant, measured horizontally, from the
centre line of the roadway or the centre line of the nearest lane of a divided highway.
b. Notwithstanding subsection (1), within the boundaries of each incorporated
municipality or the built-up established areas of unincorporated communities, the
control line shall be 100 m distant, measured horizontally, from the centre line of
the roadway or the centre line of the nearest lane of a divided highway.
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8.o
SUBDIVISION OF LAND
8.1
SUBDIVISION STANDARDS
8.1.1
Subdivision Standards apply
The provisions in this chapter of the Development Regulations apply each of the
following:
(1) The subdivision of land under single ownership into five or more lots, including the
residual lot;
(2) Construction, upgrading, or extension of a public street;
8.1.2
Subdivisions standards do not apply
The requirements of this Chapter shall not apply to the following:
(1) Where the parcel being created is to be used solely for the unattended equipment
necessary for:
a. the operation of community water, storm or sanitary sewer systems;
b. public utilities, including electrical substations or generating stations;
c. air or marine navigational aids;
d. any other similar public service or utility (including wind turbine 'farms');
(2) Public institutional uses, including cemeteries;
(3) Resource uses set out in the Resource zone;
(4) Conservation, open space, park uses;
(5) Minor subdivisions of four (4) or fewer lots which do not require new public or private
road construction or the installation of utility infrastructure or water and sewer
services (other than private connections; these must comply with the development
standards of the Use Zone.
8.1.3
Backlot Development
Backlot development is allowed for single detached dwellings only in the Residential zone
for sites which are located behind existing development, meets the development
standards for setbacks, but does not front on a publicly maintained street. The following
requirements apply:
1) The backlot driveway access area of the lot shall not be calculated as part of the
minimum parcel size area required by the Development Regulations for that zone;
however, the driveway from the street will form part of the lot.
2) The backlot driveway shall be constructed to meet standards to provide for a durable
road surface for emergency access vehicles, and include provision for road drainage.
3) The backlot access width shall be a minimum of an unobstructed 6 metres for a single
back lot.
Town of St. Joseph's
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4) For two adjacent Back lots, the minimum width of each Bacldot access may be 4 metre
for each access, subject to compliance at the time of subdivision;
5) If there is potential for future development beyond the two Back lots, then a 12 metre
easement is required to accommodate this larger residential subdivision (including
accommodation of surface runoff from the additional development);
6) Registration at the Registry of Deeds of an access agreement on the title of both Back
lots which indicates shared use and maintenance of the Bacldot driveway access;
7) The maximum length of a Bacldot access shall be 200.0 metres;
8) Back lot development shall not be permitted in Commercial and Industrial Zones;
8.1.4
Permit Required
1) No land in the Municipal Planning Area shall be subdivided unless a permit for the
development of the subdivision is first obtained from Council.
2) No provision in a will that purports to subdivide land is of any effect to subdivide that
land contrary to these Regulations.
8.1.5
Public Notice
Council shall, at the applicant's expense, publish a notice in a newspaper circulating in
the area of the application and consider any representations or submissions received in
response to that advertisement.
8.1.6
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
8.1.7
Subdivision Permit Subject to Considerations
1) A permit shall not be issued when, in the opinion of Council, the development of a
subdivision does not contribute to the orderly growth of the Town or does not
demonstrate sound design principles.
2) In considering an application, Council shall, without limiting the generality of the
foregoing, consider:
a. the location of the land;
b. the availability of and the demand created for schools, services, and utilities;
c. the provisions of the Municipal Plan and Regulations affecting the site;
d. the land use, physical form, and character of adjacent developments;
e. the transportation network and traffic densities affecting the site;
f. the relationship of the project to existing or potential sources of nuisance;
g. soil and subsoil characteristics;
h. the topography of the site and its drainage;
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1.
natural features such as lakes, streams, topsoil, trees and shrubs, and potential
environmental effects with respect to watercourses, wetlands, steep slopes,
drainage patterns, storm water generation and control, and loss or
fragmentation of habitat,
J.
prevailing winds;
k. visual quality;
l.
community facilities;
m. municipal costs related to the provision and maintenance of roads, other
infrastructure, and municipal services;
n. energy conservation; and,
o. such other matters as may affect the proposed development.
8.1.8
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:
-
the lot can be serviced with satisfactory water supply, and sewage disposal systems,
-
satisfactory access to a street is provided for the lots; and,
-
the lot meets the minimum development standards for the Use Zone in which the
lot is located.
8.1.9
Building Permits Required
Notwithstanding the approval of a subdivision and a permit to subdivide land by Council,
a separate building permit shall be obtained for each building proposed to be erected in
the area of the subdivision, and no building permit for any building in the area shall be
issued until the developer has complied with all the provisions of these Regulations with
respect to the development of the subdivision.
8.2
SUBDIVISION PERMIT REQUIREMENTS
8.2.1
Subdivision Development Agreement
Where Council has determined that a subdivision development agreement is a condition
of a permit for the subdivision development, the subdivision development agreement
shall meet the conditions of Development Agreements, as set out in the Administration
chapter.
8.2.2
Municipal Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to Council have been made in the application for a supply of drinking water, a
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properly designed sewage disposal system, and a properly designed storm drainage
system so as not to affect adjoining and nearby properties.
8.2.3
Private Well water source: Groundwater Supply Assessment and Reporting
1) Council shall consult with the Water Resources Management Division to determine if a
groundwater assessment report is to be completed and submitted by the subdivision
applicant. This report would be submitted to the Water Resources Management
Division (and copied to the Town) as part of the subdivision approval process where a
subdivision is to be serviced by individual wells. The Groundwater Assessment Report
must be prepared in accordance with the 'Groundwater Supply Assessment and
Reporting Guidelines for Subdivisions Serviced by Individual Private Wells'.
Requirements to complete a Groundwater Assessment Report shall be based upon the
following criterion:
a. A groundwater assessment study will not be required for subdivisions less than
five (5) lots, each having a minimum 2,203 m2 size, unless the area has
documented drinking water quality and/or quantity problems.
b. A proposed subdivision from five (5) to fifteen {15) lots will require a Level I
assessment, as defined in the Groundwater Supply Assessment and Reporting
Guidelines.
c. A proposed subdivision greater than fifteen {15) lots will require a Level II
assessment, as defined in the Groundwater Supply Assessment and Reporting
Guidelines.
Number
Groundwater Assessment Requirement
Number of Test
of Lots
Level1
Level2
Wells
1-4
No-but may be required
No
0
if site has history of
ground water quality
and quantity issues
5-15
Yes
may be required if site
may be required if site
has history of ground
has history of ground
water quality and
water quality and
quantity issues
quantity issues
16-30
Yes
Yes
1
31-45
Yes
Yes
2
46-60
Yes
Yes
3
61-75
Yes
Yes
4
7c;-go
Yes
Yes
5
91-105
Yes
Yes
6
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8.2.4
Fees, Service Levies and Land for Open Space
8.2.4.1 Subdivision Fees
The applicant shall pay a subdivision application fee as determined by Council at the time
of submitting a Development Application to subdivide. The subdivision application fee
should be calculated on a per-lot basis for every lot created by the subdivision of land.
This fee should be calculated in addition to any other fee or charge required under the
regulation addressing Development Charges.
8.2-4.2 Service Levies and Local Improvement Assessments (as appropriate)
1) The applicant shall be required to pay all service levies and local improvement
assessments identified by Council for connection to services, utilities, streets, and for
the construction or improving of capital works funded by Council or under Council's
direction which benefit and accommodate the development or subdivision. The
service levies or local improvements assessments will be paid in such amount and in
such form as determined by Council as a condition of permit or as a condition of a
Development Agreement to subdivide land and such payment will be agreed upon
prior to construction occurring on the land.
2) This section shall not affect any outstanding levies and/or assessments that were
determined prior to the enactment of these Regulations.
3) The applicant shall pay the cost of all capital works necessary to serve the proposed
development or subdivision.
8.2.4.3 Deposit of Securities
As a condition of a permit to develop a subdivision and as part of a Development
Agreement to subdivide, the Town should require an applicant to deposit with the Town
a security to cover the cost of all the subdivision improvements and completion thereof.
These securities should be payable after approval by Council and before issuance of a
construction permit under these Regulations.
8.2.4.4 Land for Public Open Space
(13)
Before a development commences, the developer shall, if required, dedicate to
Council, at no cost to the Town, an area ofland equivalent of not more than ten percent
(10%) of the gross area of the residential subdivision for public recreational open spaces,
subject to the following requirements:
a. where land is subdivided for any purpose other than residential use, Council
shall determine the percentage of land to be dedicated;
b. if, in the opinion of Council, no public open space is required, the land may be
used for such other public use as Council may determine;
c. the location and suitability of any land dedicated under the provisions of this
Regulation shall be subject to the approval of Council but in any case, Council
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shall not accept land which, in its opinion, is incapable of development for any
purpose;
d. Council may accept from the developer, in lieu of such area or areas of land, the
payment of a sum of money equal to the value of the land which would
otherwise be required to be dedicated; and,
e. this money received by the Authority (above), shall be reserved by the Town for
the purpose of the acquisition or development of land for public open space or
other public purpose.
(14)
Land dedicated for public use in accordance with this Regulation shall be conveyed
to the Town and may be sold or leased by Council for the purposes of any development
that conforms with the requirements of these Regulations, and the proceeds of any sale
or other disposition of land shall be applied against the cost of acquisition or
development of any other land for the purposes of public open space or other public
purposes.
(15)
Council may require a strip of land to be reserved and remain undeveloped along
the banks of any river, brook or pond, and this land may, at the discretion of Council,
constitute the requirement of land for public use.
8.3
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.
1) The finished grade of streets shall not exceed ten percent (10%).
2) The plan should indicate which streets are classified as arterial, collector or service
(local) roads.
3) Every cul-de-sac should be provided with a turning circle of a diameter of not less than
30 metres.
4) The maximum length of any cul-de-sac (or dead-end street) shall be:
a. 200 metres in areas served by, or planned to be served by, municipal piped
water and sewer services;
b. 300 metres in areas not served by, or planned to be served by, municipal piped
water and sewer services;
5) 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.
6) Emergency vehicle access to a cul-de-sac shall be not less than 3 metres wide and shall
connect the head of the cul-de-sac with an adjacent street.
7) No cul-de-sac shall be located so as to appear to terminate a collector street.
8) New subdivisions shall have street connections with an existing street or streets.
9) All street intersections shall be constructed within 5 degrees of a right angle and this
alignment shall be maintained for 30 metres from the intersection.
10) No street intersection should be closer than 40 metres to any other street intersection.
11) No more than four streets shall join at any street intersection.
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12) No residential street block shall be longer than 490 metres between street
intersections.
13) No lot intended for residential purposes shall have a depth exceeding four times the
frontage.
14) Residential lots shall not be permitted which have a street at both front and rear lot
lines.
15) Streets in residential subdivisions shall be designed in accordance with the approved
standards of Council, but in the absence of such standards, shall conform to the
following minimum standards:
Street
Carriageway or
Sidewalk
Sidewalk
Type of Street
Reservation
Pavement
Width
Number
(metres)
Width
(metres)
(metres)
Arterial Streets
30
15
1.5
Council
Discretion
Collector Streets
20
15
1.5
2
Local Residential Streets
where more than 50%
15
7
1.5
1
of the units are single
detached or semi-
detached (double)
dwellings
where 50% or more of
18- 20
8
1.5
Council
the units are row
Discretion
houses or apartments
Service Streets
18
7
1.5
Council
Discretion
16) Council may require any existing natural, historical or architectural feature or part
thereof to be retained when a subdivision is developed.
17) Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
18) Front Yard/Building Lines: Council may establish front yard/building lines for any
subdivision street and require any new building to be located on such building lines.
8.4
SUBDIVISION ENGINEERING STANDARDS
No permit shall be issued for the development of a subdivision under these Regulations
unless the design of the subdivision conforms to the requirements established by Council
and "Municipal Engineering Subdivision Standards" as approved by Council.
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8.4.1
Engineer to Design Works and Certify Construction Layout
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers, and
all appurtenances thereto and all streets, paving, curbs, gutters and catch basins, and all
other utilities deemed necessary by Council to service the area proposed to be developed
or subdivided shall be designed and prepared by or approved by the Town's Engineer.
Such designs and specifications shall, upon approval by Council, be incorporated in the
plan of subdivision.
Upon approval by Council of the proposed subdivision, the Manager of Engineering
Services 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
the developer's own cost, and in accordance with the approved designs and specifications
and the construction layout certified by the Town's Engineer, of all such water mains,
hydrants, sanitary sewers, and all appurtenances, and of all such streets and other works
deemed necessary by Council to service the said area.
8.4.2
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 & Geoscientists of
Newfoundland & Labrador and in effect at the time the work is carried out.
8-4.3
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks, and
paving specified by Council as being necessary, may, at Council's discretion, be deferred
until a later stage of the work on the development of the subdivision but the developer
shall deposit with Council, before approval of the application, an amount estimated by
the Town's Engineer to be reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the development, Council shall call for
tenders for the construction and installation of the works, and the amount so deposited
by the developer shall be applied towards payment of the contract cost. If the contract
cost exceeds the deposit, the developer shall pay to the Town the amount of the excess. If
the contract price is less than the deposit, the Town shall refund the amount by which the
deposit exceeds the contract price. Any amount so deposited with the Town by the
developer shall be placed in a separate savings account in a bank and all interest earned
thereon shall be credited to the developer.
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8.4.4
Construction of Utilities
Within any street reservation, the placing of any utility structure or service such as a
hydro pole, telephone pole, underground hydro service boxes, internet or cable services,
Canada Post group mail boxes, fire hydrant, fire alarm or sign post, shall receive the prior
approval of the Authority with regard to the proposed location of utilities, safe
construction, required easements and the relationship to other structures within the
street reservation and to adjoining buildings.
8.4.5
Structures in Street Reservation
No structures shall be placed within any street reservation of any structure (e.g., a utility
pole, bus shelter, fire hydrant, mail box, fire alarm, school bus shelter, sign post) without
prior approval of Council which shall take into consideration safety considerations, such
as, sight lines, obstructions, safe construction, and the relationship of the structure to the
adjoining buildings and other structures within the street reservation, and relationship to
the movement of vehicles and pedestrians.
8.4.6
Transfer of Streets and Utilities to Council (if appropriate)
The developer shall, following the approval of the subdivision ofland and upon request of
Council, transfer to the Town, at no cost to the Town, and clear of all liens and
encumbrances:
a. all lands in the area proposed to be developed or subdivided which are approved and
designated by Council for public uses as streets, or other rights-of-way, or for other
public use; and
b. all services or public works including streets, water supply and distribution, and
sanitary and storm drainage systems installed in the subdivision that are normally
owned and operated by Council.
Before Council shall accept the transfer of lands, services, or public works of any
subdivision, the Manager of Engineering Services shall, at the cost to the developer, test
the streets, services and public works installed in the subdivision and certify satisfaction
with their installation.
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.
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APPENDIX 1:
INTERPRETATION OF TECHNICAL PLANNING TERMS
Introduction
This section contains definitions of the technical terms used in the Municipal Plan and
Development Regulations in order to ensure that they are correctly interpreted.
Terms and words in this regulation which are defined in the Urban and Rural Planning
Act, 2000 and Development Regulations, 2000, have the meaning expressed in that Act
and cannot be amended by the Council; these are identified by a logo, as noted below:
4
NewfoLIYldland
Labraetor
= Definitions from the Urban and Rural Planning Act, 2000
(the Act); these cannot be amended by Council; and,
= Definitions from the Minister's Development Regulations
under the Urban and Rural Planning Act, 2000; these cannot be
amended by Council.
Words and phrases used in these Regulations shall otherwise have the meanings as set
out in the following definitions; these can be amended by the Council; these can be
identified by the absence of a logo. Any other terms and words have the meaning as
generally understood in the English languageAdditional definitions have been provided
for interpretive guidance and.
Terms:
ACCESS .,,ib 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;
-~
ACT ~
unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000;
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,
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(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;
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;
ADJACENT LAND means land that is contiguous to, physically touching or shares a
boundary with, the parcel ofland that is the subject of an application and includes land
that would be contiguous if not for a highway, road, river or stream.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT ..,., means a person who has applied to an authority for an approval or permit
to carry out a development;
AUTHORITY ~ means a council, authorized administrator or regional authority;
AUTHORIZED ADMINISTRATOR "':::::; means an authorized administrator appointed
under subsection 31(4);
BOARD ~
except in Part IX, means an appeal board established under section 40;
BUILDING -~.;~ means
(i) a structure, erection, alteration or improvement placed on, over or under land or
attached, anchored or moored to land,
(ii) mobile structures, vehicles and marine vessels industrial and other similar uses,
(iii) a part of and fixtures on buildings referred to in subparagraphs (i) and (ii), and
(iv) an excavation ofland whether or not that excavation is associated with the intended
or actual construction of a building or thing referred to in subparagraphs (i) to (iii);
BUILDING HEIGHT ~ means the vertical distance, measured in metres from the
established grade to the
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(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(ii) 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;
H - HEIGHT Of SUILDING
BUILDING LINE .. S 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;
BUILDING CONTROL LINE "''t!i~t~:i·
1 means a conceptual line paralleling the centre line
of a Protected Road at a distance perpendicular to the road in order to delineate the area
for the application of these regulations; a Protected Road is a road designated under the
Protected Road Zoning Regulations, 1996 under the Urban and Rural Planning Act, 2000;
,t
BOARD .... Ui~t:~"
1 except in Part IX, means an appeal board established under section 40;
COMMUNITY INFILLING LIMIT means the geographic boundaries within which
development may take place in an area outside of the control of an authority as
designated under the policy of the Lands Branch;
COUNCIL """J:!,;" means a council as defined in the City of Corner Brook Act, City of
Mount Pearl Act, Municipalities Act, 1999 and the city council as defined in the City of St.
John's Act;
COURT -:t.;t- , unless the context indicates otherwise, means the Trial Division;
Town of St. Joseph's
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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.
DEPARTMENT ·~ct;~·- means the department presided over by the minister; (see
definition of minister)
DEVELOPMENT ··tk' means the carrying out of building, engineering, mining or other
operations in, on, over or under land, or the making of a material change in the use, or
the intensity of use of land, buildings or premises and the:
(i) making of an access onto a highway, road or way,
(ii) erection of an advertisement or sign,
(iii) construction of a building,
(iv) parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as
an office, or for living accommodation, and excludes the
(v) carrying out of works for the maintenance, improvement or other alteration of a
building, being works which affect only the interior of the building or which do not
materially affect the external appearance or use of the building,
(vi) carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of the road
reservation,
(vii) carrying out by a local authority or statutory undertakers of works for the purpose of
inspecting, repairing or renewing sewers, mains, pipes, cables or other apparatus,
including the breaking open of street or other land for that purpose, and
(viii) use of a building or land within the courtyard of a dwelling house for a purpose
incidental to the enjoyment of the dwelling house as a dwelling;
DEVELOPMENT REGULATIONS means ~
these regulations and regulations and by-
laws respecting development that have been enacted by the relevant authority; and,
·-t~.' regulations made under sections 34 to 38;
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;
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DWELLING UNIT: means a self-contained unit consisting of one or more habitable
rooms used or designed as an independent and separate housekeeping establishment or
living quarters for one household, including kitchen and sitting, sleeping and sanitary
facilities, which is used permanently or semi-permanently; and does not include a coach
or rail car, mobile home, or any vehicle .
. 1
ESTABLISHED GRADE ·~::::z. 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;
.. , ... , ... , ....
Established Grnde rn
Grade
--------·------ -------
FLOOR AREA ..,.~ . means the total area of all floors in a building measured to the outside
face of exterior walls;
FRONTAGE ~ means the horizontal distance between side lot lines measured at the
building line;
LAND ~.,.J~-· includes land covered by water and buildings and structures on, over, under
the soil and fixtures that form part of those buildings and structures;
'
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
'-'Z. means the total horizontal area within the lines of the lot;
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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;
r·------- - .
.
I
Total Lot Area
- ~.O()( ,c1. I-
I
I' I
I
House Area
i
~
25
.,.._____.__,
.
- .
Garayr.,
, .200 sq ft.
,
Garage Area
I
,,nn '" 11
.
~I
ti 10,J sq. t: . J.000 ;q rt - 'OO),
-l
---'--...,_- Hou-,,·
Total Lot Coverage
J4r.
I
'
I
- - -.i--- Lot
I
I
L. - . -
..SL - -
- _,
,.
MINISTER ~ !;,
means the minister appointed under the Executive Council Act to
administer this Act;
MUNICIPALITY -Jl: includes a city incorporated under the City of Corner Brook
Act, City of Mount Pearl Act and the City of St. john's Act and a municipality as defined in
the Municipalities Act, 1999;
'
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;
NUISANCE means anything that is obnoxious, offensive or interferes with the use or
enjoyment of property, endangers personal health or safety, or is offensive to the senses.
This could include that which creates or is liable to create a nuisance through emission of
noise, smoke, dust, odour, heat, light, fumes, fire or explosive hazard; results in the
unsightly or unsafe storage of goods, salvage, junk, waste or other materials; poses a
hazard to health and safety; or adversely affects the amenities of the neighbourhood or
interferes with the rights of neighbours to the normal use and enjoyment of any land or
building;
l
OWNER ..,.~ means a person or an organization of persons owning or having the legal
right to use the land under consideration;
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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;
PLAN, ·-..\i~;;· unless the context indicates otherwise, means a regional plan and a
municipal plan established under section 8 or 10;
PLANNING AREA "'1:°k' , unless the context indicates otherwise, means a regional
planning area and a municipal planning area established under sections 6 and n;
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;
RECREATION VEHICLE OR RECREATIONAL TRAILER means a vehicle or portable
structure designed to provide temporary living accommodation which is either self-
propelled or mounted on, or pulled by another vehicle, and includes a travel/holiday
trailer, camper trailer, truck camper, motorhome, fifth wheel trailer, tent trailer, travel
trailer, camper van or recreational trailer or other similar vehicle, but not a mobile home
or mini-home. A converted bus is not a recreation vehicle;
,<
REGION --;t;:,"" means a region as defined in the Municipalities Act, 1999;
REGIONAL AUTHORITY ·~t::~· means a regional authority established under section 7
of the Act;
scheme means a scheme established under section 29 of the Act;
SCHEME "'1;~;;-- means a scheme established under section 29;
SIGN ,,,,.~ means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as
a memorial, advertisements of local government, utilities and boarding or similar
structures used for the display of advertisements;
STREET ~ means a street, road, highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other emergency
vehicles;
STREET LINE
-O~
means the edge of a street reservation as defined by the authority
having jurisdiction;
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SUBDIVISION -~~:· means the dividing of land, whether in single or joint ownership
into 2 or more pieces for the purpose of development;
TOWN t _ means a town as defined in the Municipalities Act, 1999;
USE -~ means a building or activity situated on a lot or a development permitted on a
lot;
USE ZONE OR ZONE ~ means an area of land including buildings and water
designated on the zoning map to which the uses, standards and conditions of a particular
use zone table apply;
VARIANCE -:::.:. means a departure, to a maximum of 10% from the yard, area, lot
coverage, setback, size, height, frontage or any other numeric requirement of the
applicable Use Zone Table of the authority's regulations;
YARDS - (sometimes called lot lines) refer to the diagram below for an illustration of the
following definitions:
FRONT YARD DEPTH otherwise called the building line or front yard setback, means
setback from the street that the building is fronting on, shown as the front yard setback in
the drawing below; note that the development controls indicate side yard and rear yard
setbacks from the boundaries of the property;
REAR YARD DEPTH ··c:z means the distance between the rear lot line and the rear wall
of the main building on a lot; (Note that in the diagram, the rear yard setback should
include the deck and extend to the back wall of the primary dwelling)
SIDE YARD DEPTH
___, means the distance between the side lot line and the nearest
side wall of a building on the lot; (this is shown as the side yard setback in the diagram)
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I
I
I
I
Front Yard
Setback
Side yard setback
I. - . ·-· . - .. - ..
-··-··-r-··-·1
I Lot Lines
J
111-:
Side yard
setback
Rear Yard
Setback
Foundation
Line
ZONING MAP ··~ means the map or maps attached to and forming a part of the
authority's regulations.
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APPENDIX 2: MINISTER'S DEVELOPMENT REGULATIONS
UNDER THE URBAN AND RURAL PLANNING ACT, 2000
Town of St. Joseph's
Development Regulations 2022-2032
This is an official version.
Copyright © 2006: Queens Printer,
St. John's, Newfoundland and Labrador, Canada
Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)
Table of Regulations
Main Site
How current is this regulation'!
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, 1 make the
following regulations.
Dated at St. Johns, January 2, 200 I.
I Shon titlr
2
Delin1t1011s
3 Applic.-uuon
4
l111emre1atio11
5 No1ice ofm,hl l<l appeal
Town of St.Joseph's
Development Regulations 2 0 22- 2 0 32
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
I 1
--
'. -·- - ·, t
...
Analysis
I
" I .,
I -:.,-,,(,
I
l'l. l\pp~:l-1 requtn.-'llll!nts
7 Appeal re~istra1io11
S. Developme111 proh1h11ed
9. I leanno notu.:e and m..:etings
Ill. I karin~ of evident·e
11. Board derision
11. Vanuncl!s
13. Nouce of, an:mcr
1-l
ResiJenual 11011 conformitv
15. Noll~c and hc:mnes on change nf use
16.
on-confonnance "11h ~tandards
17
D1sco11tinuancc. ofnon-conformm;;. use
I 8 Dch:gation or powers
19
Commencemc11t
Short title
I. These regulations may be cited as the Development Regulations.
http://www.assembly.nl.ca/Legislation/sr/regulations/rc010003.htm - top
Definitions
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000;
(b) "applicant" means a person who has applied to an authority for ~n 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.
http://www.assembly.nl.ca/Legislation/sr/regulations/rc010003.htm - top
Application
3. (I) These regulations shall be included in the development regulations of an authority and
shall apply to all planning areas.
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(2) Where there is a conflict between these regulations and development regulations or other
regulations ofan authority, these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
http://www.assembly.nl.ca/Legislation/sr/regulations/rc010003.htm - top
Interpretation
4. (1) In development regulations and other regulations made with respect to a planning area the
following terms shall have the meanings indicated in this section
(a) "access" means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling, located on the 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 discretiona,y use and that
is customarily expected to occur with the permitted or discretiona,y 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 fiat roof.
(ii) deck line ofa 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:
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(g) "established grade" means,
(i) where used in reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii) where used in reference to a structure that is not a building, the average elevation of
the finished grade of the ground immediately sun-ounding 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 wal Is;
(i) "frontage" means the horizontal distance between side lot lines measured at the building
line;
U) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for a
pa11icular use or building;
(k) "lot area" means the total horizontal area within the lines of the lot;
(I) "lot coverage" means the combined area of all building on a lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total area
of the lot;
(m) "non-conforming use" means a legally existing use that is not. listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons owning or having the legal right
to use the land under consideration;
(o) "permitted use" means a use that is listed within the permitted use classes set out in the
use zone tables 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 pa11 for the purpose of
adve11isement, 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 adve11isements;
(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;
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(t) ''street" means a street, road, highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by tire 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) persons right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6. ( 1) The secretary of the board at the Depart ment of Municipal and Provincial Affairs, Main
Floor, Confederation Building (West Block), P.O. Box 8700, St. Johns, Nfld., A 18 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 ( I), where the Town of Corner Brook, Town of Mount Pearl
or Town of St. Johns appoints an appeal board under subsection 40(2) of the Act, an appeal shall be
ti led 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 fili ng it with the secretary referred to in subsection ( I) or (2) within the
14 days referred to in subsection 42(4) of the Act.
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(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 YI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
Appeal registration
7. (I) Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 6( I) 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 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 tl1e 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. (I) 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 I 02 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
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I 0. ( I) A board shall meet at a place within the area under its jurisdiction and the appellant and
other persons notified under subsection 9( I) or their representative may appear before the board and
make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3) A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as evidence
directly provided at the hearing of the board.
(4) In the conduct ofan 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 contra1y 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 I 0% variance even though the individual variances are separately no more than I 0%.
(3) An authority shall not permit a variance from development standards where the proposed
development would increase the non-conformity of an existing development.
Notice of variance
13. Where an authority is to consider a proposed variance, that authority shall give written notice
of the proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
Residential non-con form ity
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 hearingsonchangeofuse
15. Where considering a non-confonning building, structure or development under paragraph
108(3)(d) of the Act and before making a decision to vary an existing use of that non-conforming
building, structure or development. an authority, at the applicants expense, shall publish a notice in a
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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-confom1ity 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 I 08(2) of the Act with respect to the time by which a discontinued non-
confo1ming use may resume operation.
Delegation of powers
18. An authority shall, where designating employees to whom a power is to be delegated under
subsection I 09(3) of the Act, make that designation in writing.
Commencement
19. These regulations shall be considered to have come into force on January I, 2001.
©Earl G. Tucker, Queen's Printer
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APPENDIX 3: LAND USE ZONING MAPS
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