St. Lawrence, Newfoundland and Labrador
· adopted 2013-10-08
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TOWN OF ST. LAWRENCE
DEVELOPMENT REGULATIONS
In Effect: December 27, 2013
(published in Newfoundland and Labrador Gazette)
URBAN ANORURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF ST. LAWRENCE DEVELOPMENT REGULATIONS 2012
Under;h,e aulhof'ityof S&ction 16 of the Urban and Rural Planning Act 2000, Ule
Town Council of SL Lawrence .tdopts thO To wn of St Uwtcnco Development
Regulatloos 2012.
Adopted by lhe Town Council of St. l.attnence on the 8111 (layof October. 2013.
Signed andsaa)edthit. 5111day of Novembe
r, 20 13 .
Mayor :
'
CANADIA
N IN STITUT E OF P LANNERS
CER TIF ICA T I ON
ce rt i f y th a t l he aita <;hed Development Regulations have been prepared in
Greg
, Novembe r. 2013
/
Cleric
URBANANO RURAL PL ANNING ACT
RESO LUTION TO APPROVE
TOWN OF ST. LAWRENCE DEVELOPMENT REGULATIONS 201 2
Under the authority of See1ion 16. Section 17 and ScctiOn 18 of fhe Utban and
Rurol Plarinfng Ac! 2000, the·row-n Coune:1of St Lawrence
a} adopted the Town ol St. Lawrence Development RegulaIions 2012 otl ll'le
811' d ay of OC1ober. 2013.
b) gave notic& of tho 3<'.lopi lon of th e To'lln of SI. Lawrence Development
egulatl()n:S 2012 by advertisemen t inserted on the 2 d3'/ of October,
2013 and the 29m day of O ctober, 2013 in the Southam Ga2ctto
newspapor.
c} sot lhc 6' 1 doy of Novembear, 20 1 3 a t 7 : 30 p .m . a t the Town Hal , St.
L awrence rOl th e h0 1d'!n9 o f a p u b l ic h ea r in g to cons id -or objec tion s and
s.ubmls, tOns.
Now under the autttol'ity orSectiOn 23 of the Urban and Rural Pr8flOni g AC-I 2000,
on the $.,.day oi November. 2013 LM Town Council of St. Lawrence approves the Town
SIGr-4 D .
-r--~---·--- ··-· """""
TABLE OF CONTENTS - Page 1
1.
Short Title .......................................................................................................... 1
2.
Interpretation ..................................................................................................... 1
3.
Commencement ................................................................................................ 1
4.
Urban and Rural Planning Act 2000 - Ministerial Development Regulations ..... 1
5.
Municipal Code and Regulations ...................................................................... 1
6.
Town ................................................................................................................. 1
PART I - GENERAL REGULATIONS ............................................................................. 2
7.
Compliance with Regulations ............................................................................ 2
8.
Permit Required ................................................................................................ 2
9.
Permit to be Issued ........................................................................................... 2
10.
Permit not to be Issued in Certain Cases .......................................................... 2
11.
Discretionary Powers of Town .......................................................................... 2
12.
Variances by Town............................................................................................ 3
13.
Service Levy ..................................................................................................... 3
14.
Financial Guarantees by Developer .................................................................. 4
15.
Dedication of Land for Park Land or Public Use ............................................... 5
16.
Reinstatement of Land ...................................................................................... 5
17.
Form of Application ........................................................................................... 5
18.
Register of Application ...................................................................................... 6
19.
Deferment of Application ................................................................................... 6
20.
Approval in Principle ......................................................................................... 6
21.
Development Permit ......................................................................................... 7
22.
Development Permit - Temporary Use ............................................................. 8
23.
Reasons for Refusing Permit ............................................................................ 8
24.
Notice of Application ......................................................................................... 8
25.
Right of Entry .................................................................................................... 8
26.
Record of Violations .......................................................................................... 8
27.
Stop Work Order and Prosecution .................................................................... 9
28.
Appeals ............................................................................................................. 9
PART II - GENERAL DEVELOPMENT STANDARDS .................................................. 10
29.
Access to Adjoining Properties ....................................................................... 10
30.
Accesses and Driveways ................................................................................ 10
31.
Accessory Buildings - Dwellings ..................................................................... 10
32.
Accessory Buildings - Non-Dwelling and Non-Apartment Building Uses ........ 11
33.
Accessory Uses .............................................................................................. 12
34.
Advertisements ............................................................................................... 13
35.
Archaeological and Heritage Sites .................................................................. 13
36.
Building Line and Setback............................................................................... 14
37.
Building Near Highways Regulation - Highway 220 ....................................... 14
38.
Buildings on a Lot ........................................................................................... 14
39.
Comprehensive Development ......................................................................... 15
40.
Family and Group Care Centres ..................................................................... 15
41.
Forestry Development ..................................................................................... 15
TABLE OF CONTENTS - Page 2
42.
Groundwater Supply Assessment - New and Existing Subdivisions .............. 16
43.
Height Exceptions - Structures ....................................................................... 16
44.
Home Business Accessory Use ...................................................................... 16
45.
Livestock and Agriculture ................................................................................ 17
46.
Lot Area .......................................................................................................... 17
47.
Lot Area and Size Exceptions ......................................................................... 17
48.
Lot Frontage .................................................................................................... 18
49.
Mineral Exploration ......................................................................................... 18
50.
Non-Conforming Uses .................................................................................... 18
51.
Offensive and Dangerous Uses ...................................................................... 20
52.
Protected Road Zoning Plan - Highway 220 - Burin Peninsula Highway ....... 20
53.
Recreational Trails .......................................................................................... 21
54.
Residential Buffer ............................................................................................ 22
55.
Screening and Landscaping ............................................................................ 22
56.
Site Development, Hazard Areas and Development Along Marine Coastline . 22
57.
Site Development - Fill and Landscaping Permit Requirements .................... 23
58.
Site Development - Quarry and Soil Removal ................................................ 24
59.
Street Construction Standards ........................................................................ 24
60.
Subsidiary Apartment ...................................................................................... 25
61.
Unsubdivided Land ......................................................................................... 25
62.
Uses Permitted In All Zones ............................................................................ 25
63.
Utilities - Wind Mills, Wind Farms, Other Energy Sources .............................. 25
64.
Water Bodies .................................................................................................. 26
PART III - ADVERTISEMENTS .................................................................................... 28
65.
Advertisements and Signs .............................................................................. 28
(1)
Permit Required ....................................................................................... 28
(2)
Form of Application .................................................................................. 28
(3)
Advertisements in Street Reservation ...................................................... 28
(4)
Permit Valid for Limited Period................................................................. 28
(5)
Advertisements, Non-Compliant .............................................................. 28
(6)
Removal of Hazardous Advertisements .................................................. 28
(7)
Advertisements - Non-Conforming Uses .................................................. 29
(9)
Signs or Advertisements Not Specifically Covered .................................. 29
66.
Advertisements Exempt from Control ............................................................. 29
67.
Advertisements and Signs near Highways ...................................................... 30
PART IV - SUBDIVISION OF LAND .............................................................................. 32
68.
Permit Required and Sureties ......................................................................... 32
69.
Services to be Provided .................................................................................. 32
70.
Payment of Service Levies and Other Charges .............................................. 32
71.
Issue of Permit Subject to Considerations ...................................................... 32
72.
Groundwater Supply Assessment - New and Existing Subdivisions .............. 33
73.
Building Permits Required ............................................................................... 33
74.
Form of Application ......................................................................................... 33
TABLE OF CONTENTS - Page 3
75.
Subdivision Subject to Zoning ......................................................................... 33
76.
Building Lines .................................................................................................. 33
77.
Land for Park Land or Other Public Use ......................................................... 33
78.
Structure in Street Reservation ....................................................................... 34
79.
Subdivision Design Standards ........................................................................ 35
80.
Engineer to Design Works and Certify Construction Layout ........................... 37
81.
Developer to Pay Engineer's Fees and Charges ............................................ 37
82.
Street Works May Be Deferred ....................................................................... 37
83.
Transfer of Streets and Utilities to Town ......................................................... 38
84.
Restriction on Sale of Lots .............................................................................. 38
PART V - USE ZONES ................................................................................................. 40
85.
Use Zones....................................................................................................... 40
86.
Use Classes .................................................................................................... 40
87.
Permitted Uses ............................................................................................... 40
88.
Discretionary Uses .......................................................................................... 40
89.
Uses Not Permitted ......................................................................................... 41
SCHEDULE A - DEFINITIONS ..................................................................................... 42
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS ................. 54
SCHEDULE C - USE ZONE SCHEDULES .................................................................. 60
RESIDENTIAL (RES) ZONE .................................................................................. 61
MIXED DEVELOPMENT (MD) ZONE .................................................................... 64
PUBLIC (PU) ZONE ............................................................................................... 68
INDUSTRIAL (IND) ZONE ..................................................................................... 69
MINING (MIN) ZONE ............................................................................................. 70
RURAL (RU) ZONE ............................................................................................... 75
SEASONAL RESIDENCES (SR) ZONE ................................................................ 77
SOLID WASTE DISPOSAL (SWD) ZONE ............................................................. 78
WATERSHED CONSERVATION (WC) ZONE ...................................................... 80
PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE...................................... 81
ENVIRONMENTAL PROTECTION (EP) ZONE ..................................................... 85
ENVIRONMENTAL PROTECTION - MANAGEMENT UNIT (EP-MU) ZONE ....... 86
SCHEDULE D ............................................................................................................... 87
OFF-STREET PARKING REQUIREMENTS ................................................................. 87
SCHEDULE E - WATERWAYS AND WETLANDS - W.R. 97-1 AND W.R. 97-2 .......... 90
Maps - Land Use Zoning Maps 1and 2
1
TOWN OF ST. LAWRENCE MUNICIPAL PLAN
DEVELOPMENT REGULATIONS
APPLICATION
1.
Short Title
These Regulations may be cited as the St. Lawrence Development Regulations.
2.
Interpretation
(1) Words and phrases used in these Regulations shall have the meanings
ascribed to them in Words and phrases not defined in Schedule A shall have
the meanings that are commonly assigned to them in the context in which
they are used in the Regulations.
(2) Schedule A.
3.
Commencement
These Regulations come into effect throughout the St. Lawrence Municipal
Planning Area, hereinafter referred to as the Planning Area, on the date of
publication of a notice to that effect in the Newfoundland and Labrador Gazette.
4.
Urban and Rural Planning Act 2000 - Ministerial Development Regulations
Newfoundland Regulation 3/01, Development Regulations under the Urban and
Rural Planning Act 2000 (Ministerial Development Regulations), enacted under
Section 36 of the Act, shall apply to development within the Planning Area.
Where there is a conflict between the Ministerial and the Town's Development
Regulations, the Ministerial Development Regulations shall prevail. The
Ministerial Development Regulations are included with the St. Lawrence
Development Regulations.
5.
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical
Code, and any other ancillary code and any Building Regulations, Waste
Disposal Regulation and/or any other municipal regulations regulating or
controlling the development, conservation and use of land in force in the Town of
St. Lawrence, shall, under these Regulations apply to the entire Planning Area.
6.
Town
In these Regulations, "Town" means the Council of the Town of St. Lawrence.
1
2
PART I - GENERAL REGULATIONS
7.
Compliance with Regulations
No development shall be carried out within the Planning Area except in
accordance with these Regulations.
8.
Permit Required
No person shall carry out any development within the Planning Area except
where otherwise provided in these Regulations unless a permit for the
development has been issued by the Town.
9.
Permit to be Issued
Subject to Regulations 10 and 11, a permit shall be issued for development
within the Planning Area which conforms to the requirements of these
Regulations.
10.
Permit not to be Issued in Certain Cases
Unless the applicant contracts to pay the full cost of construction of the services
deemed necessary by the Town and such cost shall attach to and upon the
property in respect of which it is imposed, neither a permit nor approval in
principle shall be issued for development within the Planning Area when, in the
opinion of the Town it is premature by reason of the site:
a) lacking adequate road access, power, drainage, sanitary facilities, or
domestic water supply;
b) or being beyond the natural development of the area at the time of
application.
11.
Discretionary Powers of Town
In considering an application for a permit or for approval in principle to carry out
development, the Town shall:
a) Take into account the policies expressed in the Municipal Plan and any
further scheme, plan or regulations pursuant thereto; and,
b) 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,
3
material; and,
Notwithstanding the conformity of the application with the requirements of these
Regulations, the Town may, in its discretion, and as a result of its consideration
of the matters set out in this Regulation, conditionally approve or refuse the
application.
However, the exercise of this discretionary power does not enable the Town to
allow a permitted use or discretionary use which is not permitted under Schedule
C or other Regulation.
12.
Variances by Town
(1) See Ministerial Development Regulations, Section 12.
(2) Where an approval or a permit cannot be given by the Town because a
proposed development does not comply with development standards set out
in these Regulations, the Town may, in its discretion, vary the applicable
development standards to a maximum of 10%, if, in the Town's opinion,
compliance with the development standards would prejudice the proper
development of the land, building or structure in question or would be contrary
to the public interest.
(3) The Town shall not allow a variance from development standards set out in
these Regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or
structure, would have a cumulative effect that is greater than a 10% variance
even though the individual variances are separately not greater than 10%.
(4) The Town shall not permit a variance from the development standards where
the proposed development would increase the non conformity of an existing
development.
(5) Public Notice - When a variance is necessary under this Regulation, the
Town shall, at the expense of the applicant, give written notice to the property
owners in the immediate vicinity of the proposed variance.
13.
Service Levy
The Town may require a developer to pay a service levy where development is made
possible or where the density of potential development is increased, or where the value
of property is enhanced by the carrying out of public works either on or off the site of the
4
development.
(1) A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Town of constructing or improving the public works referred to
in Regulation 13(1) that are necessary for the real property to be developed in
accordance with the standards required by the Town and for uses that are
permitted on that real property.
(2) A service levy shall be assessed on the real property based on:
a) the amount of real property benefited by the public works related to all the
real property so benefited; and,
b) the density of development made capable or increased by the public work.
(3) The Town may require a service levy to be paid by the owner of the real
property at:
a) the time the levy is imposed;
b) the time development of the real property commences;
c) the time development of the real property is completed; or,
d) such other time as the Town may decide.
14.
Financial Guarantees by Developer
(1) The Town may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may be
required to guarantee the payment of service levies, ensure site
reinstatement, and to enforce the carrying out of any other condition attached
to a permit or licence.
(2) The financial provisions pursuant to Regulation 14(1) may be made in the
form of:
a) a cash deposit from the developer, to be held by the Town, or;
b) a guarantee by a bank, or other institution acceptable to the Town, for
expenditures by the developer, or;
c) a performance bond provided by an insurance company or a bank, or;
d) an annual contribution to a sinking fund held by the Town.
(3) Financial Guarantees - Mineral Workings
a) The developer shall provide a financial guarantee in the form of a
performance bond or unconditional and irrevocable letter of credit or other
5
form acceptable to the Town for an amount to cover the cost of restoring
or landscaping the site after the quarry operations have ended or the site
is abandoned by the applicant.
b) The financial guarantee shall be returned when the Reclamation Plan has
been carried out or the development terminated and any conditions
attached to the development permit have been met to the satisfaction of
the Town.
15.
Dedication of Land for Park Land or Public Use
In addition to the requirements for dedication of land under Part IV
(Subdivisions), the Town may require the dedication of a percentage of the land
area of any subdivision or other development for park land or other public use,
and such land shall be conveyed to the Town in accordance with Section 37 of
the Act.
Unless the Town decides otherwise, land that is dedicated for park land or other
public use will not include land that the Town requires to be set aside for storm
water management, roads, public services, public utilities or environmental
protection and that this shall be in addition to whatever land the Town may
require under Section 37 of the Act.
16.
Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Town may order the developer, the occupier of the site, or the owner or all of
them to reinstate the site, to remove all or any buildings or erections, to cover or
fill all wells or excavations, and to close all or any accesses, or to do any of these
things or all of them, as the case may be, and the developer, occupier or owner
shall carry out the order of the Town and shall put the site in a clean and sanitary
condition to the satisfaction of the Town.
17.
Form of Application
(1) An application for a development permit or for Approval in Principle shall be
made only by the owner or by a person authorized by the owner to the Town
on such form as may be prescribed by the Town, and every application shall
include such plans, specifications and drawings as the Town may require,
and be accompanied by the permit fee required by the Town.
6
(2) The Town shall, on request, supply to every applicant a copy of the
application forms referred to in Regulation 17(1) and a description of the
plans, specifications and drawings required to be provided with the
application
18.
Register of Application
The Town shall keep a public register of all applications for development, and
shall enter therein the Town's decision upon each application and the result of
any appeal from that decision.
19.
Deferment of Application
(1) The Town may, with the written agreement of the applicant, defer
consideration of an application.
(2) Applications properly submitted in accordance with these Regulations which
have not been determined by the Town and on which a decision has not been
communicated to the applicant within eight weeks of the receipt thereof by the
Town, and on which consideration has not been deferred in accordance with
Regulation 19(1), shall be deemed to be refused.
20.
Approval in Principle
(1) The Town may grant Approval in Principle for subdivision or any other
development, if, after considering an application for Approval in Principle
made under these Regulations, it is satisfied that the proposed development
is, subject to the approval of detailed plans, in compliance with these
Regulations.
(2) Where Approval in Principle is granted under this Regulation, it shall be
subject to the subsequent approval by the Town of such details as may be
listed in the Approval in Principle, which shall also specify that further
application for approval of these details shall be received not later than two
years from the grant of Approval in Principle.
(3) An Approval in Principle or conditions attached thereto is subject to appeal
under the Act.
(4) Notwithstanding an Approval in Principle, no work shall commence until a
Development Permit or other permit has been issued by the Town.
7
21.
Development Permit
(1) A plan or drawing which has been approved by the Town and which bears a
mark and/or signature indicating such approval together with a permit shall be
deemed to be permission to develop land in accordance with these
Regulations but such permission shall not relieve the applicant from full
responsibility for obtaining permits or approvals under any other regulation or
statute prior to commencing the development; from having the work carried
out in accordance with these Regulations or any other regulations or statutes
and from compliance with all conditions imposed thereunder.
(2) The Town may attach to a permit such conditions as it deems fit in order to
ensure that the proposed development will be in accordance with the
purposes and intent of these Regulations.
(3) A permit is valid for a specified period, not to exceed two years. If the
development has not commenced, the permit may be renewed for a further
period not in excess of one year, but a permit shall not be renewed more than
once, except in the case of a permit for an advertisement, which may be
renewed in accordance with Part III of these Regulations.
(4) The approval of any application and plans or drawings or the issue of a permit
shall not prevent the Town from thereafter requiring the correction of errors,
or from ordering the cessation, removal of, or remedial work on any
development being carried out in the event that the same is in violation of this
or any other regulations or statute.
(5) The Town may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit
was issued in error or was issued on the basis of incorrect information.
(6) No person shall erase, alter or modify any drawing or specifications upon
which a permit to develop has been issued by the Town.
(7) There shall be kept available on the premises where any work, matter or thing
in being done for which a permit has been issued, a copy of the permit and
any plans, drawings or specifications on which the issue of the permit was
based during the whole progress of the work, or the doing of the matter or
thing until completion.
(8) A Development Permit or permit or conditions attached thereto is subject to
appeal.
8
22.
Development Permit - Temporary Use
The Town may in its discretion issue a permit for a temporary use such as an
outdoor market, a temporary shelter for a vehicle or a boat, and other permissible
uses which have a limited and fixed term. The permit shall specify its duration,
and upon expiry of the permit, the use shall be removed. In no case shall the
term of a temporary permit exceed two years, which may be extended in writing
by the Town for a further period as specified not exceeding two years. This
clause does not apply to advertisements which are covered under Part III of the
Development Regulations.
23.
Reasons for Refusing Permit
The Town shall, when refusing to issue a permit or attaching conditions to a
permit, state the reasons for so doing.
24.
Notice of Application
When a change in nonconforming use is to be considered (see also Ministerial
Development Regulations), when the development proposed is listed as a dis-
cretionary use in Schedule C of the Regulations or where otherwise the Town is
exercising its discretion under these Regulations, the Town shall, at the expense
of the applicant, or at its own expense where necessary, give notice of an
application for a permit or for Approval in Principle, by public advertisement in a
newspaper circulating in the area or by any other means deemed necessary.
When a variance is necessary under Regulation 12 (see also Ministerial
Development Regulations), the Town shall, at the expense of the applicant, give
written notice to the property owners in the immediate vicinity of the proposed
variance.
25.
Right of Entry
Any official authorized by the Town may enter upon any public or private land
and may at all reasonable times enter any development or building upon the land
for the purpose of making surveys or examinations or obtaining information
relative to the carrying out of any development, construction, alteration, repair, or
any other works whatsoever which the Town is empowered to regulate.
26.
Record of Violations
Every inspector shall keep a record of any violation of these Regulations, which
comes to his knowledge, and report that violation to the Town.
9
27.
Stop Work Order and Prosecution
(1) Where a person begins a development contrary or apparently contrary to
these Regulations, the Town may order that person to stop the development
or work connected therewith pending final adjudication in any prosecution
arising out of the development.
(2) A person who does not comply with an order made under Regulation 27(1) is
guilty of an offence under the provisions of the Act.
28.
Appeals
See Ministerial Development Regulations- Sections 5 to 11.
Where an appeal lodged under Section 42 of the Urban and Rural Planning Act
2000 has been successful, the fee paid by the appellant shall be reimbursed by
the Town.
10
PART II - GENERAL DEVELOPMENT STANDARDS
29.
Access to Adjoining Properties
(1) In order to facilitate the development of the Town and Planning Area and to
provide improved access throughout the community, as a condition of
approval of a development and/or a subdivision the Town may require that the
developer provide suitable public access to adjoining properties.
(2) The minimum right of way for such access shall be 15 metres.
(3) The right of way shall be deeded to the Town, although this right of way shall
not be developed or maintained by the Town until such time as the Town
deems necessary.
(4) See also Part IV - Subdivision of Land.
30.
Accesses and Driveways
(1) An access or driveway to a street from a property shall be located to the
specification of the Town so as to ensure the greatest possible convenience
and safety of the street system.
(2) No vehicular access or driveway shall be closer than 10 metres to the street
line of any street intersection.
(3) An access to a Provincial highway shall be approved by the Department of
Transportation and Works before a permit is issued by the Town.
31.
Accessory Buildings - Dwellings
(1) General
Accessory buildings shall be clearly incidental and complementary to the use
of the dwelling in character, use and size, and shall be contained on the same
lot as the dwelling.
Accessory Buildings shall be compatible in terms of design and appearance
with the dwelling on the lot. Furthermore, the appearance and use of the
accessory building shall be compatible with the neighbouring residential
development.
11
No utility trailer, trailer, vehicle or similar entity shall be used as an accessory
building.
(2) Minimum Building Line Setback - Unless otherwise determined by the Town
under Clause (3) below, no accessory building or part thereof shall project in
front of any dwelling or the building line setback, whichever is the greater
distance from the front or flanking road lot line.
(3) Minimum Building Line Setback in Front of Dwelling - Where the dwelling is
set well back of the minimum building line, and provided that the Town is
satisfied that erecting an accessory building in front of the dwelling is in
keeping with the general appearance of the area, the Town may permit an
accessory building to be erected between the dwelling and the minimum
building line as set out in Schedule C.
(4) Maximum Lot Coverage - The lot coverage of all accessory buildings
combined shall not exceed 10%.
(5) Maximum Height - The maximum height of an accessory building shall not
exceed 5 metres.
(6) Minimum Side Yard - The minimum side yard for an accessory building is 1
metre or the side yard of the dwelling, whichever is greater.
(7) Minimum Side Yard Flanking Road Corner Lot - The minimum side yard for
an accessory building located on the flanking road side of a dwelling shall be
the same as set out for the dwelling under Schedule C.
(8) Minimum Rear Yard - The minimum rear yard for an accessory building shall
be 1 metre.
(9) Minimum Separation Distance from Principal Building - The minimum
separation distance from a principal building shall be 1 metre.
32.
Accessory Buildings - Non-Dwelling and Non-Apartment Building Uses
(1) This Regulation sets out the requirements for accessory buildings for non-
dwelling uses, that is, uses not included under Regulation 31.
(2) General - Accessory buildings shall be clearly incidental and complementary
to the use of the principal buildings in character, use and size, and shall be
contained on the same lot as the principal building or buildings.
12
(3) Utility Trailer, Etc. - No utility trailer, trailer, vehicle or similar entity shall be
used as an accessory building except at the discretion of the Town when the
Town is satisfied that such structure does not abut a residential property and
that it is compatible with the use and appearance of nearby properties.
(4) Minimum Building Line - The minimum building line (distance from the front
lot line) for an accessory building shall be as that set out in the Schedule C
Use Zone for principal and other buildings.
(5) Minimum Side Yard - The minimum side yard for an accessory building shall
be 1metre or the minimum side yard under Schedule C for the principal
building, whichever is greater. The accessory building shall not be closer to a
flanking road on corner lot than that set out for the principal building under
Schedule C.
(6) Minimum Rear Yard - The minimum rear yard for an accessory building shall
be 1 metre, or, at the discretion of the Town, greater where the maximum
height under Clause (9) of this Regulation has been increased.
(7) Maximum Lot Coverage - Provided that the total lot coverage of all buildings
on the property does not exceed 33%, no lot coverage requirements are set
out for an accessory building or buildings.
(8) Minimum Separation Distance from Principal Building - Accessory buildings
shall maintain the minimum separation distance from a principal building
required by the Building Code or 3 metres, whichever is greater.
(9) Maximum Height - The maximum height of an accessory building shall be 5
metres unless otherwise determined at the discretion of the Town, and
provided that the Town is satisfied that the taller structure is compatible with
use and appearance of nearby properties.
33.
Accessory Uses
See also Schedule A.
Subject to Schedule C, uses accessory to a permitted or discretionary use can
be permitted in any zone, for example:
a) facilities for the serving of food and alcoholic beverages in an arena or other
place of assembly, museum, marina, or hotel ('commercial - residential'
under Schedule B);
b) vehicle repair facilities within a shop, such as a major retail outlet, or
13
automobile dealership;
c) a gift or souvenir shop in a museum, hotel or other establishment;
d) office and/or a small convenience store or catering establishment in a
campground;
e) a dock or wharf or stage associated with a permitted or discretionary use;
f) an accessory dwelling or accessory dwelling unit, such as a caretaker's
dwelling or dwelling unit;
g) a subsidiary apartment in a single dwelling;
h) a business conducted in a dwelling or a building accessory to a dwelling
conducted by a resident of a dwelling and compatible with the primary
residential use of the property (home business);
i) a solar panel, satellite dish or similar device attached to a building.
These accessory uses shall be clearly subsidiary to and controlled so as to be
compatible with the primary use and the use of nearby properties.
34.
Advertisements
Advertisements shall not be erected or displayed except in accordance with Part
III of these Regulations.
35.
Archaeological and Heritage Sites
(1) If an archaeological site or historical artefacts are discovered during construc-
tion, development shall stop and the Provincial Archaeology Office of the
Department of Tourism, Culture and Recreation consulted. Development shall
not proceed until the Provincial Archaeology Office has evaluated the site.
(2) Before approval is granted for a major development, such as a subdivision, or
a new commercial or public building, the application shall be referred to the
Provincial Archaeology Office for investigation.
(3) The Provincial Archaeology Office has identified three archaeological sites
which are located around Little St. Lawrence Harbour and that are protected
under the Historic Resources Act RSNL 1990 CHAPTER H-4. One of these
which is located in the Town off Highway 220 is a former whaling station, and
the other two which are located on a peninsula ('The Peninsula' on the maps)
jutting into the Little St. Lawrence Harbour are the remnants of the Newman
Company fishing premises, and the other is a cannon.
14
(4) These sites are protected by buffers as shown on Land Use Zoning Map 2
wherein all development must be referred to the Provincial Archaeology
Office for review and approval before a permit is issued by the Town.
Furthermore, any development on the peninsula is to be referred to the
Provincial Archaeology Office for review and approval before it is approved by
the Town.
(5) The Town may from time to time designate other heritage sites and areas
under the Municipalities Act.
36.
Building Line and Setback
(1) The Town, by resolution, may establish building lines on an existing or
proposed street and may require any new buildings to be located on those
building lines, whether or not such building lines conform to the standards set
out in the tables under Schedule C of these Regulations.
(2) The building line setback is measured from the property line along a road.
(3) The building line along Provincial highways shall not be less than that
specified under the Provincial Building Near Highways Regulations.
37.
Building Near Highways Regulation - Highway 220
No development within 20 metres of the centre-line of Highway 220 shall be
allowed unless permission is obtained from the Department of Transportation and
Works.
Access to Highway 220 must be approved by the Department of Transportation
and Works before a permit is issued by the Town.
38.
Buildings on a Lot
(1)
Except for single dwellings, more than one principal or main building may
be permitted on a lot provided that the requirements of Schedule C are
satisfied. However, more than one single dwelling can be permitted on lot
where it forms part of a comprehensive development.
(2)
Sufficient area shall be reserved to satisfy the yard and other allowances
called for in the Use Zone in which the lot is located and the allowances
shall be retained when the adjacent land is developed.
15
39.
Comprehensive Development
The Town may in its discretion permit a large scale private or public
comprehensive development that does not meet the requirements of these
Development Regulations for frontage on a publicly owned and maintained road
('public road'), lot size, lot frontage, minimum or maximum building line setback,
side yard width and rear yard depth, provided that:
a) the Town is satisfied that either the site conditions are such that the standard
requirements could not be met, or, the quality of the development would be
greater than could otherwise occur through the application of the standard
requirements;
b) a comprehensive development plan of the property has been granted
Approval in Principle by the Town, along with other approvals before permits
are issued for development;
c) the comprehensive development itself has frontage on a public road and the
development is connected to the municipal water and sewer system;
d) the development is compatible with adjacent development;
e) there are at least two (2) developments within the comprehensive
development and the land area of the development is at least one (1) hectare;
f) the property is situated within the town or municipal boundary as opposed to
being outside the Town, but within, the Municipal Planning Area Boundary;
g) where roads and services are to be installed, the developer supplies sureties
to the Town as required under these Regulations or a policy adopted by the
Town.
40.
Family and Group Care Centres
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 the Town, the use of the dwelling does not
materially differ from, nor adversely affect, the amenities of the adjacent
residences, or the neighbourhood in which it is located. The Town may require
special access and safety features to be provided for the occupants before
occupancy is permitted.
41.
Forestry Development
Forestry development, including timber cutting, is subject to the approval of the
Forestry Division of the Department of Natural Resources and the Town.
16
42.
Groundwater Supply Assessment - New and Existing Subdivisions
The approval of new unserviced subdivisions or the addition of unserviced lots to
existing unserviced subdivisions require that a groundwater assessment be done
to determine with high probability that acceptable quality and quantity drinking
water will be available to homeowners for both the short and long term. This
shall be done in accordance with the Provincial Land Use Policy -
'Groundwater
Supply
Assessment
and
Reporting
Guidelines
for
Subdivisions Serviced by Individual Private Wells' as from time to time
amended and administered by the Department of Environment and
Conservation, Water Resources Management Division.
No approval shall be granted by the Town for a new unserviced subdivision or
the addition of unserviced lots to an existing unserviced subdivision until such
time as a groundwater assessment has been carried out in accordance with the
provincial land use policy referred to in the preceding paragraph and which
assessment has been approved by the Department of Environment and
Conservation, Water Resources Management Division.
43.
Height Exceptions - Structures
The height requirements prescribed under Schedule C of these Regulations may
be waived in the case of communications masts and antennae, flagpoles, water
towers, spires, belfries, or chimneys, but any such waiver which results in an
increase of more than 20% in the permitted height of the structure shall only be
authorized under the provisions of Regulation 12.
44.
Home Business Accessory Use
A Home Business shall or may only be permitted as an accessory use in a
dwelling if:
a) the primary use of the property remains residential and the scope and
intensity of the use classes is compatible with the residential uses of the
property and neighbourhood, and the business is operated by a resident of
the dwelling;
b) the use does not alter the residential appearance or require the external
modification of the dwelling;
c) the total floor area does not exceed 25% of the floor area of the dwelling or 45
square metres, whichever is less;
d) sufficient off-street parking space is provided in accordance with Schedule D;
e) no mechanical equipment is used except that reasonably compatible with the
17
use of a dwelling;
f) 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;
g) there is no outdoor storage or display;
h) a non-illuminated identification sign not exceeding 0.28 m2 in area shall be
permitted on the dwelling provided that the sign is consistent with residential
character of the neighbourhood;
i) no regular parking of commercial vehicles except for one vehicle with a gross
weight of no greater than one tonne will be permitted on the lot or on the road
reservation adjacent to the lot;
j) the Town may require fencing or other screening to protect the amenity of
adjacent uses; and
k) no change in type, class or extent of the use shall be permitted except in
accordance with a permit issued by the Town.
45.
Livestock and Agriculture
Livestock operations and other agricultural uses shall be approved by both the
Agrifoods Development Branch of the Department of Natural Resources and the
Town, together with other appropriate agencies.
46.
Lot Area
(1) No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a front yard, rear yard, side yard,
frontage or lot area that is less than that permitted by these Regulations for
the zone in which such lot is located.
(2) Where any part of a lot is required by these Regulations to be reserved as a
yard, it shall continue to be so used regardless of any change in the
ownership of the lot or any part thereof, and shall not be deemed to form part
of an adjacent lot for the purpose of computing the area thereof available for
building purposes.
47.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots
already exist in any zone, with insufficient frontage or area to permit the owner or
purchaser of such a lot or lots to comply with the provisions of these Regulations,
then these Regulations shall not prevent the issuing of a permit by the Town for
the erection of a building thereon, provided that the lot coverage and height are
18
not greater than, and the yards and floor area are not less than the standards set
out in these Regulations, and that where the development lacks either or both
municipal water supply or municipal sewage systems that the development is
approved by Service NL.
48.
Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of
these Regulations, no residential or commercial building shall be erected unless
the lot on which it is situated fronts directly onto a publicly owned and maintained
street. See also Regulation 39 - Comprehensive Development.
49.
Mineral Exploration
(1) No permit shall be issued by the Town for mineral exploration until the
necessary permits and approvals have been obtained from the Department of
Natural Resources and other relevant Provincial and Federal agencies.
(2) Subject to the other provisions of the Development Regulations, mineral
exploration which is not classed as development by virtue of significant or
appreciable ground disturbance, construction of access roads, noise, odour
and appearance can be permitted anywhere in the Planning Area, provided
that adequate notification is provided to the Town.
(3) Mineral exploration which is classed as development can be allowed in
certain zones provided that adequate provision is made for buffering/and or
other mitigations, including retention of trees, of impacts on existing or future
urban residential, commercial, industrial, institutional and recreational areas
and provided that all necessary approvals are obtained.
(4) Higher impact mineral exploration classed as development shall be subject to
conditions that control noise, appearance, duration of the drilling or
excavating program and the control of other impacts that may arise. The
precise nature of these controls will depend upon the location of the mineral
exploration in respect to built-up areas and uses sensitive noise and ground
disturbance.
(5) Where there is to be ground disturbance, the developer shall provide a site
restoration surety and/or other satisfactory guarantees of site landscaping to
the Town.
50.
Non-Conforming Uses
19
(1) This Regulation is derived from Section 108 (2) of the Urban and Rural
Planning Act 2000, and Sections 14, 15, and 16 of the Ministerial
Development Regulations.
(2) Notwithstanding a plan, scheme or regulations made under the Urban and
Rural Planning Act 2000, the Authority shall, in accordance with regulations
made under this Act, allow a development or use of land to continue in a
manner that does not conform with a regulation, scheme, or plan that applies
to that land provided that the non-conforming use legally existed before the
registration under Section 24 of the Act of the plan, scheme or regulations
made with respect to that kind of development or use.
(3) Notwithstanding subsection (1), a right to resume a discontinued non-
conforming use of land shall not exceed one year. For the purpose of this
Regulation, discontinuance of a non-conforming use begins when any one of
the following conditions is met:
a) the building or use of land is clearly vacated or the building is demolished;
b) the owner or tenant has ceased paying business occupancy taxes for that
use;
c) the owner or tenant has stated in writing that the use has ceased.
(4) A building, structure or development that does not conform to a scheme, plan
or regulations made under this Act that is allowed to continue under
subsection (2):
a) shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Authority;
b) shall not be structurally modified except as required for the safety of the
building, structure or development;
c) shall not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, structure or
development has been destroyed;
d) may have the existing use for that building, structure or development
varied by the Authority to a use that is, in their opinion more compatible
with a plan and regulations applicable to it;
e) may have the existing building extended by the Authority where, in its
opinion that extension is not more than 50% of the existing building;
f) where the non-conformance is with respect to the standards included in
development regulations, the building, structure or development shall not
be expanded if the expansion would increase the non-conformity - and an
expansion must comply with the development standards applicable to that
building, structure or development;
20
g) where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with the appropriate plan and regulations,
be repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed; and
h) a residential building or structure referred to in the above paragraph must,
where being repaired or rebuilt, be repaired or rebuilt in accordance with
the plan and development regulations applicable to that building or
structure.
(5) Notice and hearings on change of use - Where considering a non conforming
building, structure or development under clause 4 (d) of this Regulation and
before making a decision to vary an existing use of that non-conforming
building, structure or development, an Authority, at the applicant's expense,
shall publish a notice in a newspaper circulating in the area or by other means
give public notice of an application to vary the existing use of a non-
conforming building, structure or development and shall consider any
representations or submissions received in response to that advertisement.
51.
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by
causing or promoting fires or other hazards or which may emit noxious, offensive
or dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive
noise or vibration, or create any nuisance that has an unpleasant effect on the
senses unless its use is authorized by the Town and any other Authority having
jurisdiction.
52.
Protected Road Zoning Plan - Highway 220 - Burin Peninsula Highway
Highway 220, Burin Peninsula Highway, is a Protected Road under the Urban
and Rural Planning Act 2000. Within the Town boundary any development within
100 metres of either side of either highway within the Town requires the approval
of Service NL. Outside the Town boundary, but within the Municipal Planning
Area, namely Little St. Lawrence approval of Service NL is required for any
development within 150 metres of either side of Highway 220.
21
Signage within these Protected Road corridors is subject to the approval of
Service NL.
Any building, fence, shrub or hedge within 20 metres of the centre-line of
Highway 220 cannot be approved until permission is given by the Department of
Transportation and Works.
53.
Recreational Trails
(1) As a condition of an Approval in Principle and/or a Development Permit the
Town may require that a trail corridor be deeded to the Town or a non-profit
group approved by the Town, and where applicable, this may be considered
part of the open space requirement set out in Regulations 15 and 77.
(2) Wherever space and terrain characteristics allow, the appearance and use of
a trail under Clause (5) of this Regulation shall be protected by natural
vegetation buffers that separate the trail and other forms of development and
from hazard areas and areas subject to erosion, such as the coastline or
riverbanks.
(3) The buffer is included within the trail corridor that includes the trail and the
buffer.
(4) The minimum width of a trail corridor shall be 30 metres -15 metres either
direction from the centre of the trail. However, the trail corridor may be
reduced where the area adjacent the trail is already developed or in the
opinion of the Town it is necessary to reduce the corridor width due to
reasons of site conditions, ownership, or other pertinent factors.
(5) Unless it is a well known historic trail, for a trail to be eligible for protection it
must be shown on the Land Use Zoning Maps, and/or on a plan of trails
adopted by the Town and/or, as indicated on a plan of a trail which has been
accepted by the Town.
(6) Unless it is already shown the Land Use Zoning Maps or other plan approved
by the Town as a trail, the designation of a trail or trails for protection shall be
advertised in accordance with the provisions of Regulation 24 and an
opportunity provided for persons to comment before a trail or plan of trails is
adopted by the Town.
(7) Within the trail corridor, only appropriate recreational uses, conservation,
public utilities and roads can be allowed. No other development is permitted
22
on or near the trail.
54.
Residential Buffer
(1) Where any proposed non-residential use is to abut an existing or proposed
residential use or a residential zone, the proponent of the non-residential
development may be required to provide a buffer. Conversely, in the case of
a residential development locating adjacent to an existing or proposed non-
residential use or zone, the Town may require the developer of the residential
use to provide a buffer. Any such buffer shall be made up of hedges, trees,
shrubs, earthen berms or structural barriers that will sufficiently mitigate
noise, visual unpleasantness and other undesirable effects. Trees and
shrubs existing on the site prior to development which could form all or part of
a buffer shall not be removed.
(2) Before approving any non-residential development near existing or proposed
residential development or Residential zones, the Town must be satisfied that
the proposed non-residential development:
a) will not give rise to excessive noise or other forms or pollution;
b) will not generate vehicle traffic which is above the level acceptable to
adjacent residential amenities;
c) will not cause an unacceptable nuisance or hazard to adjacent residential
uses; and;
d) in general, can be considered acceptable to the amenity of residential
uses.
55.
Screening and Landscaping
(1) The Town may, in the case of existing unsightly development, order the
owner or occupier to provide adequate and suitable landscaping or screening;
and for this purpose may require the submission of an application giving
details of the landscaping or screening, and these Regulations shall then
apply to that application.
(2) The provision of adequate and suitable landscaping or screening may be
made a condition of any development permit where, in the opinion of the
Town, the landscaping or screening is desirable to preserve amenity, or
protect the environment.
56.
Site Development, Hazard Areas and Development Along Marine Coastline
23
(1) The Town shall consider the suitability of the site in terms of steepness of
grades, soils and geology, potential land and marine based hazards, and
environmentally sensitive areas, including waterways and wetlands, when
reviewing a development application.
(2) The Town shall ensure that the proposed development is not inappropriate by
reason of:
a) precipitating or contributing to pollution in the area;
b) causing erosion and/or sedimentation;
c) causing damage to nearby properties;
d) contributing to shoreline erosion - marine and freshwater water bodies;
e) the likelihood of being affected by landslides, avalanches and rockfalls;
f) the likelihood of being affected by flood and storm events.
(3) Wherever possible, natural features such as shoreline vegetation that can
mitigate or prevent potential marine and land based hazards shall be
maintained and other mitigative measures undertaken.
(4) When a subdivision or any development is being approved a portion of the
development site may be set aside for drainage control and this may include
retention ponds, swales and similar facilities.
(5) The Town may require that a plan of an entire area be approved before a
subdivision or development occupying a portion of the area is approved.
(6) Along and within the vicinity of the marine coastline, except for marine
related activities and temporary or minor structures, new development shall
not be permitted at or below 4 metres above mean sea level, unless it can be
demonstrated to the satisfaction of the Town and other relevant authorities
that the risk is low and/or that the development can withstand the damage
that could be incurred by a flood or storm event.
However, multi-family residential developments, emergency services and
medical facilities, schools, arenas and developments containing vulnerable
populations (hospitals, special care homes, seniors' complexes, etc.) shall be
located above the 4 metres above mean sea level. Existing uses that are
allowed under Schedule C may be allowed to expand provided that the risk
level is deemed acceptable.
57.
Site Development - Fill and Landscaping Permit Requirements
(1) A permit shall not be required for ordinary landscaping of a property or the
creation of a garden and similar activity unless such activity is likely to affect
24
adjacent properties or a water body.
(2) A permit shall be obtained from the Town before any filling-in or excavation of
land takes place. This permit may be the same as the one obtained for the
construction of a dwelling or other use.
(3) Where such filling-in or excavation can affect the buffer of water body or the
water body, then a permit shall also be obtained from the Department of
Environment and Conservation, and where applicable, the Department of
Transportation and/or Fisheries and Oceans Canada.
(4) A landscaping and site grading plan for any new development shall form part
of the application for a development permit for a development which entails
the development of the entire site or significant portion thereof and to this
application shall be attached a plan showing vegetation - particularly trees,
water-bodies, rock outcrops and other natural features.
58.
Site Development - Quarry and Soil Removal
(1) If, as part of another development, quarry material is to be removed and sold
or otherwise disposed of, then a separate permit shall be obtained from the
Department of Natural Resources, Mineral Lands Division, for the removal of
quarry materials. A copy of the Town's permit must be forwarded to the
Mineral Lands Division.
(2) A site development quarry under this section is permitted wherever the use
that this quarry is associated with is permitted.
(3) A quarry permit issued under this Regulation shall only be valid for a period of
one year or the term of the site development, whichever is the lesser.
However, subject to the approval of the Mineral Lands Division and the Town,
the permit may be renewed for additional one-year periods up to a maximum
of three years from the date of the issuance of the first permit.
(4) When the work is completed, the area affected shall be suitably landscaped
and drained in accordance with a plan approved by the Town.
(5) If the site work is extensive, the Town may require the deposit of surety in
accordance with Regulation 14(3) that shall be returned to the developer
upon satisfactory completion of the work.
59.
Street Construction Standards
25
A new street may not be constructed except in accordance with and to the design
and specifications laid down by the Town.
60.
Subsidiary Apartment
A subsidiary apartment can be permitted in a single dwelling only, and for the
purposes of calculating lot area and yard requirements, shall be considered part
of the single dwelling.
61.
Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is
reserved to satisfy the yard and other allowances called for in the Use Zone in
which it is located and the allowances shall be retained when the adjacent land is
developed.
62.
Uses Permitted In All Zones
In addition to conservation, which includes architectural, historical and scenic
sites under Schedule B, accessory buildings and uses, public services and public
utilities, recreational open space, trails, roads, accesses and driveways are
allowed in all zones subject to the necessary reviews and compliance with these
Regulations and the Municipal Plan.
63.
Utilities - Wind Mills, Wind Farms, Other Energy Sources
Wind mills, wind turbines, wind farms and other energy forms, including solar
based and small hydro generating facilities - "Utilities" in Schedule B - and
associated facilities and services are subject to the approval of the Town and the
conditions set out below.
Utilities are subject to the approval of or exemption by relevant provincial and
federal departments and agencies and public utilities, including the Mines and
Energy Branches of the Department of Natural Resources and Transport
Canada. The design and location of such utilities shall take into consideration
their impact on nearby land uses and persons, the environment and
archaeological resources within the Town, along with other matters that the Town
may deem to be significant.
To prevent damage to persons and properties due to the failure of a wind turbine
or any of its components or the shedding of ice, the Town shall ensure that there
is adequate separation distance between the windmill and nearby structures and
properties.
26
The minimum distance between a wind turbine and a residence shall be one (1)
kilometre.
64.
Water Bodies
(1) Development within water bodies ('Water Body' - Schedule A) and water
body buffers is subject to this Regulation and all relevant provincial and
federal policies and statutes, including Department of Environment and
Conservation Policy Directives W.R. 97-1, Development in Shorewater Zones
and 97-2, Development in Wetlands which are set out in Schedule E. Where
there is a conflict between standards, the more restrictive standards shall
apply.
(2) The minimum width of a buffer along a water body shall be 15 metres from
the highwater mark, or 1 in 100 year flood zone of the water body.
(3) If the toe of an embankment with an average slope of 30% or more lies within
15 metres of the highwater mark or 1 in 100 year flood zone of the water
body, then the buffer shall be measured from the top of the embankment.
(4) Development within a water body and a water body buffer, and this includes
fording and the placing of fill or other materials, within a water body and the
buffer area of a waterway is subject to the approval of the Town and where
necessary the Provincial Government and the Government of Canada.
(5) Subject to the approval of the Department of Environment and Conservation
and Government of Canada (where necessary) and the Town, the only uses
that can be permitted in the buffer area of a water body are conservation,
roads, driveways, public utilities, recreational open space and trails and uses
requiring direct access to a body of water, such as wharves and docks and
other marine related uses. However in a particularly sensitive area, such as a
Management Unit under the Municipal Stewardship Agreement, the Town
may zone to restrict the array of permissible uses in the buffer area.
(6) The Town or the Provincial Government may subject development within a
water body and/or the buffer area of a water body to an environmental review,
and may approve, approve subject to conditions, or refuse such development.
The matter of adequate and usable legal public access to the waterway shall
be a consideration in the review of an application for a structure within a water
body and/or buffer.
(7) Any activity that has the potential to affect fish habitat shall be forwarded to
Fisheries and Oceans Canada for review.
27
(8) Wetlands can only be developed in such a way as to minimize damage and
impacts on the hydrology and environment of the area.
(9) Any development within a wetland or the buffer of a wetland shall require the
approval of the Minister of Environment and Conservation where required as
well as the Town whether or not that wetland is zoned Environmental
Protection or Environmental Protection - Management Unit. Development
within the Environmental Protection - Management Unit is subject to the
approval of the Wildlife Division of the Department.
(10)
If a water body is deemed to be minor, such as a drainage course or
intermittent stream which does not carry significant storm flows or a small
wetland which is not associated with a waterway and not deemed to have a
role in water management, wildlife habitat or the conservation of an
environmentally sensitive area, then the buffer may be waived or modified
and the waterbody may be developed. However, wherever possible such
waterways and wetlands shall remain undeveloped and protected by a buffer.
If a site is to be developed, alternatives to covering over or eliminating such
waterways and wetlands shall be explored, including relocation of the
waterway or wetland and/or redesign of the development.
28
PART III - ADVERTISEMENTS
65.
Advertisements and Signs
Note: The terms "advertisement" and "sign" are interchangeable.
(1)
Permit Required
Unless specifically exempted, no advertisement shall be erected or
displayed in the Planning Area unless a permit for the advertisement is
first obtained from the Town, and, where necessary, from Service NL.
(2)
Form of Application
Application for a permit to erect or display an advertisement shall be made
to the Town in accordance with Regulation 17.
(3)
Advertisements in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on
or over any highway or street reservation unless it is a premises sign
(advertisement relating to onsite uses) and unless this sign has been
approved by the Town and where necessary, Service NL and/or other
relevant agency.
(4)
Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display an
advertisement shall be for a limited period, not exceeding two years, but
may be renewed at the discretion of the Town for similar periods.
(5)
Advertisements, Non-Compliant
An advertisement presently not in compliance with the Regulations shall
be removed or brought into compliance within one year of the date of
written notification by the Town.
(6)
Removal of Hazardous Advertisements
29
Notwithstanding the other provisions of these Regulations, the Town may
require the removal of any advertisement which, in its opinion, is
hazardous to road traffic by reason of its siting, colour, illumination,
maintenance or structural condition.
(7)
Advertisements - Non-Conforming Uses
A permit may be used for the erection or display of advertisements on a
building or within the courtyard of a building or on a parcel of land, the use
of which is a non conforming use, provided that the advertisement does
not exceed the size and type of advertisement which could be permitted if
the development was in a Use Zone appropriate to its use, and subject to
any other conditions deemed appropriate by the Town.
(8)
Prohibition
A sign shall not be erected, posted or placed:
a) where, in the opinion of the Town, that sign would be hazardous to
road traffic by reason of its siting, illumination or structural condition;
b) where, in the opinion of the Town that sign would be detrimental to the
amenities of surrounding areas or length of highway or road;
c) where that sign is not maintained to the satisfaction of the Town;
d) within or over a highway or street intersection unless otherwise
approved by the Town for Town roads, or by the Department of
Transportation and Works for roads under Provincial jurisdiction;
e) with the exception of premises advertisements, within 300 metres, or a
distance specified by the Department Transportation and Works, or the
Town of the intersection of two or more highways and/or for Town
roads, or from the crossing of a public road; and
f) on a sign erected by the Department Transportation and Works.
(9)
Signs or Advertisements Not Specifically Covered
If an application is received for a sign or advertisement that does not fall
into one of the categories set out under these Regulations, subject to the
other applicable requirements of these Regulations, the Town may
approve, approve with conditions, or refuse to approve the sign or
advertisement.
66.
Advertisements Exempt from Control
30
The following advertisements may be erected or displayed in the Planning Area
without application to the Town:
a) a posting of a candidate in a federal, provincial or municipal election or a
regional school board election;
b) a temporary sign relating to federal, provincial or municipal public works;
c) a notice required by law to be posted;
d) a regulatory, warning, directional, guide or informational sign erected by the
Department of Transportation and Works;
e) a sign placed by a telephone, telegraph or electric power company to indicate
danger;
f) a sign, not exceeding 0.5 m2 in area, advertising the sale or rental of a
building or lot upon which the sign is located;
g) a flag, emblem or insignia of a nation, country or province;
h) one temporary sign related to building construction located on a site on which
the work is being carried out;
i) on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.2 m² in area;
j) on an agricultural holding or farm, a notice board not exceeding 1.5 m² in area
and relating to the operations being conducted on the land;
k) on land used for forestry purposes, signs or notices not exceeding 1 m² in
area and relating to forestry operations or the location of logging operations
conducted on the land;
l) on land used for mining or quarrying operations, a notice board not exceeding
1 m² in area relating to the operation conducted on the land;
m) on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.2 m² in area in connection with the practice of a business carried
on in the premises;
n) on any site occupied by a church, school, library, art gallery, museum,
institution or cemetery, one notice board placed no closer than 3 metres from
a street line;
o) on the principal facade of any commercial, industrial or public building, the
name of the building or the name of the occupants of the building, in letters
not exceeding one-tenth of the height of that facade or 3 m, whichever is the
lesser;
p) on any parking lot directional signs and one sign not exceeding 1 m² in size,
identifying the parking lot; and,
q) a sign indicating the location of a municipal or municipal planning area
boundary, located beyond the back slope of a highway ditching.
67.
Advertisements and Signs near Highways
31
Pursuant to Newfoundland Regulation 85/99 as amended, the Provincial
Government has designated "control lines" alongside each provincially
maintained route. These lines extend 400 metres from the highway centrelines,
except that the control area is reduced within Municipal Boundaries to 100
metres from the centreline of a provincial highway.
Advertisements and signs falling within the designated control lines of any
highway must be referred to and approved or exempted by the Government
Services office serving the area.
32
PART IV - SUBDIVISION OF LAND
68.
Permit Required and Sureties
(1) No land in the Planning Area shall be subdivided into two or more lots unless
a permit for the development of the subdivision is first obtained from the
Town.
(2) Before an Approval in Principle or permit is issued for a subdivision requiring
the construction and/or upgrading of roads and municipal water and/or sewer
services the Town shall require the deposit of surety in a form satisfactory to
the Town to ensure the completion of the work in accordance with the
approval. The requirements for a surety, along with other matters, shall be set
out in the Subdivision Policy adopted by the Town and any agreements
pursuant to that policy.
69.
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Town have been made in the application for a supply of
drinking water, a properly designed sewage disposal system, and a properly
designed storm drainage system.
70.
Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement
has been reached for the payment of all fees levied by the Town for connection
to services, utilities and streets deemed necessary for the proper development of
the subdivision, and all service levies and other charges imposed under the
Development Regulations. This Regulation does not apply to subdivisions
outside the Town or Municipal Boundary.
71.
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Town, the development
of a subdivision does not contribute to the orderly growth of the municipality and
does not demonstrate sound design principles. In considering an application, the
Town shall, without limiting the generality of the foregoing, consider:
a) the location of the land;
b) the availability of and the demand created for schools, services, and
utilities;
c) the provisions of the Plan and Regulations affecting the site;
33
d) the land use, physical form and character of adjacent developments;
e) the transportation network and traffic densities affecting the site;
f) the relationship of the project to existing or potential sources of nuisance;
g) soil and subsoil characteristics;
h) the topography of the site and its drainage;
i) natural features such as lakes, streams, topsoil, trees and shrubs;
j) prevailing winds;
k) visual quality;
l) community facilities;
m) energy conservation;
n) such other matters as may affect the proposed development.
72.
Groundwater Supply Assessment - New and Existing Subdivisions
See Regulation 42.
73.
Building Permits Required
Notwithstanding the approval of a subdivision by the Town, a separate building
permit shall be obtained for each building proposed to be erected in the area of
the subdivision, and no building permit for any building in the area shall be issued
until the developer has complied with all the provisions of these Regulations with
respect to the development of the subdivision.
74.
Form of Application
Application for a permit to develop a subdivision shall be made to the Town in
accordance with Regulation 17.
75.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
76.
Building Lines
The Town may establish building lines for any subdivision street and require any
new building to be located on such building lines.
77.
Land for Park Land or Other Public Use
(1) Before a development commences, the developer shall, if required, dedicate
to the Town, at no cost to the Town, an area of land equivalent to 10% of the
gross area of the subdivision for park land or other public use, provided that:
34
a) where land is subdivided for any purpose other than residential use, the
Town shall determine the percentage of land to be dedicated;
b) if, in the opinion of the Town, no public open space is required, the land
may be used for such other public use as the Town may determine;
c) the location and suitability of any land dedicated under the provisions of
this Regulation shall be subject to the approval of the Town but in any
case, the Town shall not accept land which, in its opinion is incapable of
development for any purpose;
d) the Town may accept from the developer in lieu of such area or areas of
land the payment of a sum of money equal to the value of the land which
would otherwise be required to be dedicated;
e) money received by the Town in accordance with clause (1) d) above,
shall be reserved by the Town for the purpose of the acquisition or
development of land for public open space or other public purpose.
(2) Land dedicated for park land or other public use in accordance with this
Regulation shall be conveyed to the Town and may be sold or leased by the
Town for the purposes of any development that conforms with the
requirements of these Regulations, and the proceeds of any sale or other
disposition of land shall be applied against the cost of acquisition or
development of any other land for the purposes of park land or other public
uses.
(3) The Town may require a strip of land to be reserved and remain undeveloped
along the banks of any river, brook or pond, and this land may, at the
discretion of the Town, constitute the requirement of land for park land under
Clause (1) of this Regulation.
(4) Land that the Town requires to be set aside for storm water management,
roads, public services, public utilities and/or environmental protection shall be
in addition to whatever land the Town may require under Regulation 15 and
Clause (1) of this Regulation.
(5) Where a subdivision lies outside the Town or Municipal Boundary the Town
cannot accept any conveyances of land or cash substitutions therefor.
78.
Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro
pole, telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post)
shall receive the prior approval of the Town which shall be satisfied on the
question of safe construction and relationship to the adjoining buildings and other
35
structures within the street reservation.
79.
Subdivision Design Standards
(1)
The standard for the design and construction of all work related to
Subdivision development shall be the Government of Newfoundland and
Labrador Municipal Water, Sewer, and Roads Specifications, or other
standard as specified by the Town in a subdivision policy adopted by the
Town.
(2)
No permit shall be issued for the development of a subdivision under
these Regulations unless the design of the subdivision conforms to the
standards below or as otherwise specified by the Town in a subdivision
policy adopted by the Town.
a)
The finished grade of streets shall be as determined by the Town.
b)
Every cul-de-sac shall be provided with a turning circle of a
diameter of not less than 30 m.
c)
The maximum length of any cul-de-sac shall be:
(i)
200 m in areas served by or planned to be served by
municipal piped water and sewer services, as shown in the
map and letter of agreement signed by the Municipality and
the Minister of Municipal Affairs in connection with municipal
five-year capital works program eligibility;
(i)
300 m in areas not served by or planned to be served by
municipal piped water and sewer services.
d)
However, maximum length of a cul-de-sac may be increased by the
Town where the increase is temporary and is part of the overall
phasing plan of the subdivision and the Town is satisfied that
emergency vehicle access and servicing issues are adequately
dealt with.
e)
No cul-de-sac shall be located so as to appear to terminate a
collector street.
f)
New subdivisions shall have street connections with an existing
street or streets.
36
g)
All street intersections shall be constructed within 5 degrees of a
right angle and this alignment shall be maintained for 30 m from the
intersection.
h)
No street intersection shall be closer than 60 m to any other street
intersection.
i)
No more than four streets shall join at any street intersection.
j)
No residential street block shall be longer than 490 m between
street intersections.
k)
Streets in residential subdivisions shall be designed with the
objective of achieving the minimum standards specified in the table
below. However, in exceptional circumstances, the Town may vary
these
standards
after
considering
public
safety,
future
development, and the effect of the varied standards on the overall
development of the area.
Type of Street
Street
Reser-
vation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Arterial Streets
30 m
15 m
1.5 m
discretion
of Council
Collector Streets
20 m
9 m
1.5 m
discretion of
Council
Local Streets
15 m
6.5 m
1.5 m
discretion of
Council
l)
No lot intended for residential purposes shall have a depth
exceeding four times the frontage.
m)
Residential lots shall not be permitted which abut a local street at
both front and rear lot lines.
n)
The Town may require any existing natural, historical or
architectural feature or part thereof to be retained when a
subdivision is developed.
o)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
37
p)
Where there is potential for additional development, a road reserve
of at least 15 metres shall be provided, and a reserve of at least 15
metres shall be provided along the entire length of a cul de sac.
80.
Engineer to Design Works and Certify Construction Layout
(1) Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters
and catch basins and all other utilities deemed necessary by the Town to
service the area proposed to be developed or subdivided shall be designed
and prepared by or approved by the Engineer. Such designs and
specifications shall, upon approval by the Town, be incorporated in the plan of
subdivision.
(2) Upon approval by the Town of the proposed subdivision, the Engineer shall
certify all work of construction layout preliminary to the construction of the
works and thereupon the developer shall proceed to the construction and
installation, at his own cost and in accordance with the approved designs and
specifications and the construction layout certified by the Engineer, of all
such water mains, hydrants, sanitary sewers and all appurtenances and of all
such streets and other works deemed necessary by the Town to service the
said area.
81.
Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Town all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of
materials and labour for the construction and installation of all works calculated in
accordance with the Schedule of Fees recommended by the Association of
Professional Engineers and Geoscientists of Newfoundland and Labrador and in
effect at the time the work is carried out.
82.
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks
and paving specified by the Town as being necessary, may, at the Town's
discretion, be deferred until a later stage of the work on the development of the
subdivision but the developer shall deposit with the Town before approval of his
application, an amount estimated by the Engineer as reasonably sufficient to
cover the cost of construction and installation of the works. In the later stage of
the work of development, the Town shall call for tenders for the work of
construction and installation of the works, and the amount so deposited by the
38
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.
83.
Transfer of Streets and Utilities to Town
(1) This Regulation only applies to subdivisions within the Town or Municipal
Boundary.
(2) The developer shall, following the approval of the subdivision of land and
upon request of the Town, transfer to the Town, at no cost to the Town, and
clear of all liens and encumbrances:
a) all lands in the area proposed to be developed or subdivided which are
approved and designated by the Town for public uses as streets, or other
rights-of-way, or for other public use;
b) all services or public works including streets, water supply and distribution
and sanitary an storm drainage systems installed in the subdivision that
are normally owned and operated by the Town.
(3) Before the Town shall accept the transfer of lands, services or public works of
any subdivision, the Engineer shall, at the cost to the developer, test the
streets, services and public works installed in the subdivision and certify his
satisfaction with their installation.
(4) The Town shall not provide maintenance for any street, service or public work
in any subdivision until such time as such street, service or public work has
been transferred to and accepted by the Town.
84.
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Town is
satisfied that:
a) the lot can be served with satisfactory water supply and sewage disposal
systems; and,
39
b) satisfactory
access
to
a
street
is
provided
for
the
lots.
40
PART V - USE ZONES
85.
Use Zones
(1) For the purpose of these Regulations, the Planning Area is divided into Use
Zones which are shown on the Zoning Map attached to and forming part of
these Regulations.
(2) Subject to Regulation 85 (3), the permitted use classes, discretionary use
classes, standards, requirements and conditions applicable to each Use Zone
are set out in the Use Zone Tables in Schedule C of these Regulations.
(3) Where standards, requirements and conditions applicable in a Use Zone are
not set out in the Use Zone Tables in Schedule C, the Town may in its
discretion, determine the standards, requirements and conditions which shall
apply.
86.
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone
Tables in Schedule C shall be determined by the Town in accordance with the
classification and examples set out in Schedule B.
87.
Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes
set out in the appropriate Use Zone Table in Schedule C shall be permitted by
the Town in that Use Zone.
88.
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use
Classes set out in the appropriate Use Zone Table in Schedule C may be
permitted in that Use Zone if the Town is satisfied that the development would
not be contrary to the general intent and purpose of these Regulations, the
Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and
to the public interest, and if the Town has given notice of the application in
accordance with Regulation 24 and has considered any objections or
representations which may have been received on the matter.
41
89.
Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use
Classes set out in the appropriate Use Zone Tables in Schedule C shall not be
permitted in that Use Zone.
42
SCHEDULE A - DEFINITIONS
GENERAL NOTE:
A definition marked with an asterix is also included in the Ministerial
Development Regulations or the Act. Where there is a conflict, the Ministerial
Development Regulations or the Act prevail.
ACCESS* means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from a street to adjacent or nearby land or to go from that land to
the street.
ACCESSORY BUILDING* includes:
(i)
a detached subordinate building not used as a dwelling, located on the same lot
as the main building to which it is an accessory which has a use that is
customarily incidental or complementary to the main use of the building or land,
(i)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for
domestic pets, or radio and television antennae,
(ii)
for commercial uses, workshops, or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks.
ACCESSORY USE* means the use that is subsidiary to a permitted or discretionary
use and that is customarily expected to occur with the permitted or discretionary use.
ACT*, unless the context indicates otherwise, means the Urban and Rural Planning Act
2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device
or representation, whether illuminated or not, in the nature of and employed wholly or in
part for the purposes of advertisement, announcement or direction; excluding such
things employed wholly as a memorial, or functional advertisement of Councils, or other
local authorities, public utilities and public transport undertakers, and including any
boarding or similar structure used or adapted for use for the display of advertisements.
AGRICULTURE means horticulture, fruit growing, grain growing, seed growing, dairy
farming, the breeding or rearing of livestock, including any creature kept for the
production of food, wool, skins, or fur, or for the purpose of its use in the farming of land,
the use of land as grazing land, meadow land, osier land, market gardens and nursery
43
grounds and the use of land for woodlands where that use is ancillary to the farming of
land for any other purpose. "Agricultural" shall be construed accordingly.
AMUSEMENT USE means the use of land or buildings equipped for the playing of
electronic, mechanical, or other games and amusements including electronic games,
pinball games and slot machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
1 cow (including calf);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
APARTMENT means a self-contained dwelling unit attached to a residential or non-
residential use.
APARTMENT BUILDING means a building containing three or more dwelling units, but
does not include a row dwelling.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT means a person who has applied to a Town for an approval or permit to
carry out a development.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic
arteries of the area and defined as arterial streets or highways.
AUTHORITY* means a council, authorized administrator or regional authority.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment
for paid temporary accommodation for up to sixteen (16) overnight guests that may
include a dining room for the use of overnight guests and their invitees. The
establishment must be registered with and receive a rating from Canada Select and
also must be approved by the Provincial Department of Tourism, Culture and
Recreation as a Bed and Breakfast operation.
44
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BUILDING* means
(i)
a structure, erection, alteration or improvement placed on, over or under
land or attached, anchored or moored to land,
(ii)
mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar uses,
(iii)
a part of and fixtures on buildings referred to in subparagraphs (i) and (ii),
(iv)
an excavation of land whether or not that excavation is associated with the
intended or actual construction of a building or thing referred to in
subparagraphs (i) to (iii).
.
BUILDING HEIGHT* means the vertical distance, measured in metres, from the
established grade to:
(i)
the highest point of the roof surface of a flat roof
,
(ii)
the deck line of a mansard roof
,
And
45
(iii)
the mean height level between eave and ridge of a gable, hip or gambrel
roof,
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof.
BUILDING LINE* means a line established by an authority that runs parallel to a street
line and is set at the closest point to a street that a building may be placed.
CAMPGROUND means the use of land for the accommodation of travel trailers,
recreational vehicles, and/or tents.
COLLECTOR STREET means a street that is designed to link local streets with arterial
streets.
DAYCARE CENTRE or DAY NURSERY means a building or part of a building in which
services and activities are regularly provided to children of pre-school age during the full
daytime period as defined under the Day Nurseries Act, but does not include a school
as defined by the Schools Act.
DECK means a raised structure that has a walking surface within one storey of the
46
established grade at the ground level of that face of the building that may or may not be
attached to a main or principal building, and does not have a permanent roof.
DEVELOPMENT* means the carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the use,
or the intensity of use of any land, buildings, or premise and the
(i)
making of an access onto a highway, road or way,
(ii)
erection of an advertisement or sign,
(iii)
construction of a building,
(iv)
parking of a trailer, or vehicle of any description used for the sale of
refreshments or merchandise, or as an office, or for living accommodation,
for any period of time;
And excludes the
(v)
carrying out of works for the maintenance, improvement or other alteration
of any building, being works which affect only the interior of the building or
which do not materially affect the external appearance or use of the
building,
(vi)
carrying out by a highway authority of any works required for the
maintenance or improvement of a road, being works carried out on land
within the boundaries of the road reservation,
(vii)
carrying out by any local authority or statutory undertakers of any works
for the purpose of inspecting, repairing or renewing any sewers, mains,
pipes, cables or other apparatus, including the breaking open of street or
other land for that purpose, and
(viii)
use of any building or land within the courtyard of a dwelling house for any
purpose incidental to the enjoyment of the dwelling house as a dwelling.
DEVELOPMENT REGULATIONS* means regulations made under sections 34 to 38 (of
the Urban and Rural Act 2000).
DISCRETIONARY USE* means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations.
DOUBLE DWELLING means a building containing two dwelling units, placed one
above the other, or side by side, but does not include a self-contained dwelling
containing a subsidiary apartment.
DWELLING UNIT means a self-contained unit consisting of one or more habitable
rooms used or designed as the living quarters for one household.
47
ENGINEER means a professional engineer employed or retained by the Town.
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
(i)
where used in reference to a structure that is not a building, the average
elevation of the finished grade of the ground immediately surrounding the
structure exclusive of any artificial embankment or entrenchment.
FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no
more than six (6) persons exclusive of staff in a home-like setting. Subject to the size
limitation, this definition includes, but is not limited to, the facilities called "Group
Homes", "Halfway House", and "Foster Home".
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.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the
front wall of the main building on the lot.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use
to a main building on the lot.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing,
breaking up, demolishing, or treating any article, commodity or substance. "Industry"
shall be construed accordingly.
GENERAL GARAGE means land or buildings used exclusively for repair, maintenance
and storage of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes
involving the use of materials or processes which because of their inherent
characteristics, constitute a special fire, explosion, radiation or other hazard.
HOME BUSINESS means a secondary use of a dwelling and/or its accessory building
by at least one of the residents of the dwelling to conduct a gainful occupation or
48
business activity.
INSPECTOR means any person appointed and engaged as an Inspector by the Town
or by any federal or provincial authority or the agent thereof.
INSTITUTION means a building or part thereof occupied or used by persons who:
(a)
are involuntarily detained, or detained for penal or correctional purposes,
or whose liberty is restricted, or;
(b)
require special care or treatment because of age, mental or physical
limitations or medical conditions.
LAND* includes land covered by water and buildings and structures on, over, under the
soil and fixtures that form part of those buildings and structures.
LIGHT INDUSTRY means the use of any land or buildings for any general industrial use
that can be carried out without hazard or intrusion and without detriment to the amenity
of the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot,
ash, dust, glare or appearance.
LOCAL STREET means a street designed primarily to provide access to adjoining land
and which is not designated as a collector street or arterial street.
LODGING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
LOT* means a plot, tract or parcel of land which can be considered as a unit of land for
a particular use or building.
LOT AREA* means the total horizontal area within the lines of the lot.
LOT COVERAGE* means the combined area of all buildings on the lot measured at the
level of the lowest floor above the established grade and expressed as a percentage of
the total area of the lot.
MAIN BUILDING - See Principal Building.
MARINA means a dock or basin together with associated facilities where slips,
moorings, supplies, repairs, and other services that are typically available for boats and
other watercraft, including storage, sales and rentals, with or without a club house and
catering facilities. It can also include a boat-house or shed associated with a dock or
wharf.
49
MINERAL EXPLORATION means the activity of searching for minerals or mineral
occurrences, including oil exploration, where, for the purposes of these Regulations it
takes the form of development - that is, visible and appreciable disturbance to soil.
MINERAL WORKING means land or buildings used for the working or extraction of
construction aggregates.
MINI-HOME means a prefabricated single dwelling unit that complies with the National
Building Code, is designed to be used with or without a permanent foundation, has a
width of less than six (6) metres throughout its entire length exclusive of steps or
porches, is not fitted with facilities for towing or to which towing apparatus can be
attached, and is capable of being transported by means of a single trailer from the site
of its construction without significant alteration.
MINING means land or buildings used for the extraction of ores, salts, oil and/or natural
gas.
MOBILE HOME means a transportable factory-built single family dwelling unit:
(a)
which complies with space standards substantially equal to those laid
down in the Canadian Code for Residential Construction and is in
accordance with the construction standards laid down and all other
applicable Provincial and Municipal Codes and;
(b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot,
and subsequently supported on its own wheels, jacks, posts or
piers, or on a permanent foundation and;
(i)
connected to exterior public utilities approved by the Town, namely,
piped water, piped sewer, electricity and telephone, in order for
such mobile home unit to be suitable for year round term
occupancy.
NON-CONFORMING USE* means a legally existing use that is not listed as a permitted
or discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone.
OWNER* means a person or an organization of persons owning or having the legal
right to use the land under consideration.
PERMITTED USE* means a use that is listed within the permitted use classes set out in
50
the use zone tables of an authority's development regulations.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
PRINCIPAL BUILDING(S) means the building or buildings in which the primary use of
the lot on which the building is located is conducted. This term is interchangeable with
the term Main Building.
PROHIBITED USE* means a use that is not listed in a use zone within the permitted
use classes or discretionary use classes or a use that an authority specifies as not
permitted within a use zone.
REAR YARD DEPTH* means the distance between the rear lot line and the rear wall of
the main building on a lot.
RESTAURANT means a building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with meals or refreshments for
consumption on the premises.
ROW DWELLING means a dwelling containing three or more dwelling units at ground
level in one building, each unit separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal
or recreational use, and is not intended for use as permanent living quarters.
SEMI-SERVICED DEVELOPMENT means development which is connected to the
municipal water or municipal sewer system, whether or not the sewage is piped directly
to a body of water.
SERVICE STATION means any land or building used exclusively for the sale of
petroleum products, automotive parts and accessories, minor repairs, washing and
polishing of motor vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for
the purpose of limiting direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary
purpose is the selling or offering for sale of goods, wares or merchandise by retail or the
selling or offering for sale of retail services but does not include an establishment
wherein the primary purpose is the serving of meals or refreshments, an amusement
use, a general garage, or a service station.
51
SHOPPING CENTRE means a group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing a minimum
of 5 retail establishments.
SHOWROOM means a building or part of a building in which samples or patterns are
displayed and in which orders may be taken for goods, wares or merchandise, including
vehicles and equipment, for later delivery.
SIDE YARD DEPTH* means the distance between the side lot line and the nearest side
wall of a building on the lot.
SIGN* means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly
as a memorial, advertisements of local government, utilities and boarding or similar
structures used for the display of advertisements.
SINGLE DWELLING means a single dwelling which is free standing, separate, and
detached from other main buildings and consists of a constructed on site, prefabricated,
or manufactured detached dwelling unit, but not including a mini-home or a mobile
home.
STREET* means a street, road or highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other
emergency vehicles.
STREET LINE* means the edge of a street reservation as defined by the authority
having jurisdiction.
SUBDIVISION* means the dividing of any land, whether in single or joint ownership into
2 or more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
TAKE-OUT FOOD SERVICE means a building in which the primary purpose is the
preparation and sale of meals or refreshments for consumption off the premises.
TAVERN includes a nightclub and means a building licensed or licensable under the
Liquor Control Act wherein meals and food may be served for consumption on the
premises and in which entertainment may be provided.
52
UNSERVICED DEVELOPMENT means development which is not connected to the
municipal water and sewer system, whether or not the sewage is piped directly to a
body of water.
USE* means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE* means an area of land including buildings and water designated
on the Zoning Map to which the uses, standards and conditions of a particular use zone
table apply.
VARIANCE* means a departure, to a maximum of 10% from the yard area, lot
coverage, setback, size, height, frontage or any other numeric requirement of the
applicable Use Zone Table of the authority's regulations.
WATER BODY - Means fresh or salt water and includes the sea, a river, stream, brook,
creek, watercourse, lake, pond, spring, lagoon, ravine, gully, canal, wetland and other
flowing or standing water and land occupied by that body of water.
WATERWAY - Means a flowing or still body of water, salt or fresh, which is not a
Wetland.
WETLAND - Means land that has a water table at, near or above the land surface and
includes bogs, fens, marshes, swamps and other shallow open water areas.
ZONING MAP* means the map or maps attached to and forming part of the authority's
regulations.
YARDS
53
54
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
ASSEMBLY USES
Cultural and Civic
Libraries, Museums, Art
Galleries, Court Rooms,
Meeting Rooms, Council
Chambers
ASSEMBLY USES
Protection
Fire and Police Stations
ASSEMBLY USES
General Assembly
Community Halls, Lodge
Halls, Dance Halls,
Gymnasia, Auditoria,
Bowling Alleys
ASSEMBLY USES
Educational
Schools, Colleges (non-
residential)
ASSEMBLY USES
Place of Worship
Churches and similar
places of worship, Church
Halls
ASSEMBLY USES
Passenger Assembly
Passenger Terminals
ASSEMBLY USES
Club and Lodge
Private Clubs and Lodges
(non-residential)
ASSEMBLY USES
Catering
Restaurants, Bars,
Lounges
ASSEMBLY USES
Funeral Home
Funeral Homes and
Chapels
ASSEMBLY USES
Child Care
Day Care Centres
ASSEMBLY USES
Amusement
Electronic Games
Arcades, Pinball Parlours,
Poolrooms
ASSEMBLY USES
Indoor Assembly
Arenas, Armouries, Ice
Rinks, Indoor Swimming
Pools
55
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Outdoor Assembly
Bleachers, Grandstands,
Outdoor Ice Rinks and
Swimming Pools,
Amusement Parks and
Fair-grounds, Exhibition
Grounds, Drive-in
Theatres, Paint Ball
ASSEMBLY USES
Campground
Campgrounds,
Recreational Vehicle and
Travel Trailer,
Campgrounds
INSTITUTIONAL USES
Penal and Correctional
Detention
Jails, Penitentiaries, Police
Stations (with detention
quarters), Prisons,
Psychiatric, Hospitals
(with detention quarters),
Reformatories
INSTITUTIONAL USES
Medical Treatment and
Special Care
Children's Homes,
Convalescent Homes
Homes for Aged,
Hospitals, Infirmaries
RESIDENTIAL USES
Single Dwelling
Single Detached
Dwellings, Family & Group
Homes
RESIDENTIAL USES
Mini-Home
Mini-Home
RESIDENTIAL USES
Double Dwelling
Semi-detached Dwelling,
Duplex Dwellings, Family
& Group Homes
RESIDENTIAL USES
Row Dwelling
Row Houses, Town
Houses, Family & Group
Homes
RESIDENTIAL USES
Apartment
Apartment
RESIDENTIAL USES
Apartment Building
Apartments, Family &
Group Homes
56
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd
GROUP
CLASS
EXAMPLES
RESIDENTIAL USES
Collective Residential
Educational Residences,
Nurses and Hospital
Residences, etc.
RESIDENTIAL USES
Boarding House
Residential and/or Bed
and Breakfast
Boarding Houses, Lodging
Houses, Bed and
Breakfast
RESIDENTIAL USES
Commercial Residential
Hotels & Motels, Hostels,
Residential Clubs
RESIDENTIAL USES
Seasonal Residential
Summer Homes & Cabins,
Hunting & Fishing Cabins
RESIDENTIAL USES
Mobile Homes
Mobile Homes
RESIDENTIAL USES
Mobile Home Park or
Subdivision
Mobile Home Park or
Subdivision
RESIDENTIAL USES
Seniors' Housing and
Personal Care Facilities
Seniors' Housing and
Personal Care Facilities
BUSINESS & PERSONAL
SERVICE USES
Office
Offices (including
Government Offices),
Banks
BUSINESS & PERSONAL
SERVICE USES
Medical and Professional
Medical Offices and
Consulting Rooms,
Dental Offices &
Surgeries, Legal Offices
& Similar Professional
Offices
BUSINESS & PERSONAL
SERVICE USES
Personal Service
Barbers, Hairdressers,
Beauty Parlours, Small
Appliance Repairs
BUSINESS & PERSONAL
SERVICE USES
General Service
Self-service Laundries, Dry
Cleaners (not using
flammable or explosive
substances), Small Tool
and Appliance Rentals,
Travel Agents
BUSINESS & PERSONAL
SERVICE USES
Communications
Radio Stations, Telephone
Exchanges
57
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd
GROUP
CLASS
EXAMPLES
BUSINESS & PERSONAL
SERVICE USES
Police Station
Police Stations without
detention quarters
BUSINESS & PERSONAL
SERVICE USES
Taxi Stand
Taxi Stands
BUSINESS & PERSONAL
SERVICE USES
Take-out Food Service
Take-out Food Service
BUSINESS & PERSONAL
SERVICE USES
Veterinary
Veterinary Surgeries
MERCANTILE USES
Shopping Centre
Shopping Centres
MERCANTILE USES
Shop
Retail Shops and Stores
and Showrooms,
Department Stores
MERCANTILE USES
Indoor Market
Market Halls, Auction Halls
MERCANTILE USES
Outdoor Market
Market Grounds, Animal
Markets, Produce and
Fruit Stands, Fish Stalls
MERCANTILE USES
Convenience Store
Confectionary Stores,
Corner Stores, Gift Shops,
Specialty Shops
INDUSTRIAL USES
Hazardous Industry
Bulk Storage of hazardous
liquids and substances,
Chemical Plants,
Distilleries, Feed Mills, &
Lacquer, Mattress, Paint,
Varnish, and Rubber
Factories, Spray Painting
INDUSTRIAL USES
General Industry
Factories, Cold Storage
Plants, Freight Depots
General Garages,
Commercial Garages,
Warehouses, Workshops,
Laboratories, Laundries,
Planing Mills, Printing
Plants, Contractors' Yards
INDUSTRIAL USES
Service Station
Gasoline Service Stations,
Gas Bars, Car Wash
58
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd
GROUP
CLASS
EXAMPLES
INDUSTRIAL USES
Light Industry
Light Industry, Parking
Garages, Indoor Storage,
Warehouses, Workshops
NON-BUILDING USES
Agriculture
Commercial Farms, Hobby
Farms, Market Gardens &
Nurseries
NON-BUILDING USES
Forestry
Tree Nurseries, Silviculture
NON-BUILDING USES
Mineral Exploration
Mineral Exploration
NON-BUILDING USES
Mineral Working
Quarries, Pits
NON-BUILDING USES
Mining
Mining, Oil Wells
NON-BUILDING USES
Recreational Open Space
Playing Fields, Sports
Grounds, Parks,
Playgrounds, Recreational
Trails
NON-BUILDING USES
Conservation
Watersheds, Buffer Strips,
Flood Plains, Architectural,
Historical and Scenic
Sites, Steep Slopes,
Wildlife Sanctuaries
NON-BUILDING USES
Cemetery
Cemeteries, Graveyards
NON-BUILDING USES
Scrap Yard
Car Wrecking Yards, Junk
Yards, Scrap Dealers
NON-BUILDING USES
Solid Waste
Solid Waste Disposal,
Sanitary Land Fill
Incinerators
NON-BUILDING USES
Animal
Animal Pounds, Kennels,
Zoos
NON-BUILDING USES
Antenna
TV, Radio and
Communications
Transmitting and
Receiving Masts
and Antennae
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd
59
GROUP
CLASS
EXAMPLES
NON-BUILDING USES
Transportation
Airfields, Docks, Marina,
Yacht Club, Boating Club,
Boat House and Harbours
NON-BUILDING USES
Utilities
Windmills, Wind Turbines,
Solar, and other energy
sources not classed as a
Public Utility under the
Public Utilities Act.
60
SCHEDULE C - USE ZONE SCHEDULES
Schedule C contains tables showing the use classes which may be permitted or which
may be treated as discretionary use classes for the purpose of these Regulations. The
tables also indicate the required standards of development and may also include
conditions affecting some or all of the use classes.
Before issuing an Approval in Principle or a permit for a development, the Town shall
review the application to ensure that it is in compliance with Application, Parts I -
General Regulations, II - General Development Standards, III - Advertisements, IV -
Subdivision of Land; and Schedules A - Definitions, B - Classification of Uses of Land
and Buildings and C - Use Zone Schedules.
Schedule C contains tables for the following Use Zones:
Residential
RES
Mixed Development
MD
Public
PU
Industrial
IND
Mining
MIN
Rural
RU
Seasonal Residences
SR
Solid Waste Disposal
SWD
Watershed Conservation
WC
Protected Public Water Supply
PPWS
Environmental Protection
EP
Environmental Protection - Management Unit EP-MU
61
USE ZONE TABLE
RESIDENTIAL (RES) ZONE
ZONE TITLE
RESIDENTIAL (RES)
PERMITTED USE CLASSES - (see Regulation 87)
Conservation, Double Dwelling, Mini-Home, Recreational Open Space and Single
Dwelling
DISCRETIONARY USE CLASSES - (see Regulations 24 and 88)
Antenna, Apartment Building, Child Care, Mobile Home, Row Dwelling, Seniors'
Housing and Personal Care Facilities (Condition 4)
STANDARDS
MUNICIPAL WATER
AND SEWER
WHERE PERMITTED
Child Care,
Mini-Home,
Mobile Home
Single
Dwelling
Double
Dwelling
Row
Dwelling
Apartment
Building
Lot area (m²) (min-
imum
1125 m2 or at
the discretion
of the Town
subject to
Regulation 24
may reduce
down to 450
m2
1125 m2 or at
the discretion
of the Town
subject to
Regulation
24 may
reduce down
to 750 m2
350*
(average)
250*
Frontage (m) (mini-
mum)
25 m or at the
discretion of
the Town
subject to
Regulation 24
down to 15 m
per dwelling
25
12*
(average)
36
Building Line Setback
(m) (minimum)
6
6
8
8
62
Building Line Setback
Highway 220 (m)
(minimum)
10
10
10
10
Sideyard Width (m)
(minimum)
1
1
1
5
Sideyard Width
Flanking Road
Same as
Building Line
Setback
Same as
Building Line
Setback
Same as
Building Line
Setback
Same as
Building Line
Setback
Rearyard Depth (m)
(minimum)
9
9
9
9
Lot Coverage (%)
(maximum)
33
33
33
33
Height (m) (maximum)
8
8
10
10
NOTES:
* Per dwelling unit.
CONDITIONS
1.
Municipal Services, Unserviced and Semi-Serviced Lots
Development shall be connected to municipal water and sewer services where
feasible.
Development on unserviced and semi-serviced lots is subject to the requirements
set out "Private Sewage Disposal and Water Supply Standards", and/or other
applicable requirements of Service NL and the Department of Environment and
Conservation.
.
2.
Discretionary Uses - Site Standards
Unless the requirements are already set out, the requirements for discretionary
uses shall be as determined by the Town.
Discretionary uses shall be compatible with nearby residential uses.
3.
Home Business Accessory Use
63
Home Business Accessory Use (Regulation 44) is a discretionary use in this
zone.
4.
Recreational Open Space
As determined by the Town.
4.
Seniors' Housing and Personal Care Facilities
Senior's Housing and Personal Care Facilities shall be compatible with nearby
residential uses. Except that the minimum side yard shall be 5 metres, all other
requirements for a single dwelling shall apply, and furthermore:
(a)
the development shall be planned as a single development with all of the
necessary facilities and services;
(b)
the development shall be tailored to the needs of the persons occupying
the development in accordance with their condition;
(c)
the overall design of the development - including road layout,
landscaping, building design and location, parking areas, and so forth - is
such that it is attractive, and compatible with other uses in the vicinity;
(d)
a single management authority shall be responsible for the maintenance
of properties within the development;
(e)
building types can be those necessary to serve the purposes of the
development, including a variety of dwelling types, special purpose
structures, communal storage areas and workshops for the use of the
residents, communal garages and care facilities;
(f)
the total lot coverage of all buildings does not exceed 33%;
(g)
the parking standards shall be tailored to the needs of the users of the
facilities, provided that there is adequate provision for both residents an
visitors, and provided that where independent living accommodation is
provided in single, double or row dwelling types that at least one (1)
parking space per dwelling unit is provided adjacent the dwelling unit;
(h)
the development is connected to the Town's municipal water and sewer
services.
5.
Subsidiary Apartment Accessory Use
Subsidiary Apartment Accessory Use (Regulation 60) is permitted in this zone.
64
USE ZONE TABLE
MIXED DEVELOPMENT (MD) ZONE
ZONE TITLE
MIXED DEVELOPMENT (MD)
PERMITTED USE CLASSES (see Regulation 87)
Antenna, Apartment, Apartment Building, Boarding House Residential and Bed and
Breakfast, Catering (Restaurants only), Child Care, Commercial - Residential,
Communications, Conservation, Convenience Store, Cultural and Civic, Double
Dwelling, Educational, Funeral Home, General Service, Indoor Market, Medical and
Professional, Mini Home, Office, Personal Service, Protection, Recreational Open
Space, Seniors' Housing and Personal Care Facilities, Shop, Single Dwelling, Take-
Out Food Service, Transportation, Veterinary
DISCRETIONARY USE CLASSES - (see Regulations 24 and 88)
Animal, Campground, Catering (bars and lounges), Club and Lodge, General
Industry, Indoor Assembly, Light Industry, Mineral Exploration, Outdoor Assembly,
Outdoor Market, Place of Worship, Service Station, Shopping Centre, Taxi Stand,
Theatre
STANDARDS - RESIDENTIAL
The requirements for the following uses shall be as set out in the Residential Zone:
Apartment Building, Boarding House Residential and Bed and Breakfast, Double
Dwelling, Mini Home, Mobile Home, Row Dwelling, Seniors' Housing and Personal
Care Faciities, and Single Dwelling.
Apartment attached to a non-residential use is deemed to form part of the non-
residential use.
65
STANDARDS - NON RESIDENTIAL
Excluding Antenna, Conservation and Recreational Open Space where the standards
are as determined by the Town, the following standards shall apply to all non-
residential and commercial-residential uses:
Lot Area (m2) (minimum) - as determined by the Town
Frontage (m) (minimum) - as determined by the Town
Building Line Setback (metres) (minimum) - 6 metres, except for Highway 220 where
the minimum building line setback is 15 metres
Sideyard Width (metres) (minimum) - 5 metres
Sideyard Width Flanking Road - Same as Building Line Setback
Rearyard Depth (metres) (minimum) - 10 metres
Lot Coverage (%) (maximum) - as determined by the Town
Height (metres) (maximum) - 10 metres
CONDITIONS
1.
Municipal Services, Unserviced and Semi-Serviced Lots
Development shall be connected to municipal water and sewer services where
feasible.
Development on unserviced and semi-serviced lots is subject to the requirements
set out "Private Sewage Disposal and Water Supply Standards", and/or other
applicable requirements of Service NL and the Department of Environment and
Conservation.
.
2.
Home Business Accessory Use
Home Business Accessory Use (Regulation 44) is permitted in this zone.
66
3.
Mineral Exploration
Mineral Exploration may only be permitted where there are established minerals
leases or claims north of Highway 220, exclusive of areas which are already
developed.
4.
Non Residential Uses
Non-residential uses shall be compatible with nearby existing and proposed
residential and other uses. In general, and unless the area is already non-
residential in nature, significant non-residential uses shall have frontage on a
major road - such as Water Street East, Water Street West, Riverside Drive,
Laurentian Avenue and Highway 220.
5.
Open Storage - Non-Residential Uses
The Town will not permit non-residential uses open dry storage of materials,
goods and machinery, on sites abutting a residential property. Where permitted,
open storage shall meet the following requirements:
a) open storage areas shall be enclosed by a wall or fence not less than 2
metres in height constructed of uniform materials approved by the Town;
b) open storage areas shall be maintained with a stable surface to prevent
raising or movement of dust, clay, mud, and loose particles.
6.
Service Stations
The following requirements shall apply to all proposed service stations:
a) all gasoline pumps shall be located on pump islands designed for such
purpose, and to which automobiles may gain access from either side;
b) pump islands shall be set back at least 4 metres from the front lot line;
c) accesses shall not be less than 7 metres wide and shall be clearly marked,
and where a service station is located on a corner lot, the minimum distance
between an access and the intersection of street lines at the junction shall be
10 metres and the lot line between entrances shall be clearly indicated.
67
7.
Subsidiary Apartment Accessory Use
Subsidiary Apartment Accessory Use (Regulation 60) is permitted in this zone.
68
USE ZONE TABLE
PUBLIC (PU) ZONE
ZONE TITLE
PUBLIC (PU)
PERMITTED USE CLASSES - (see Regulation 87)
Antenna, Child Care, Collective Residential, Conservation, Cultural and Civic,
Educational, General Assembly, Indoor Assembly, Medical and Professional,
Medical Treatment and Special Care, Outdoor Assembly, Personal Service, Place of
Worship, Protection, Recreational Open Space, Senior's Housing and Personal Care
Facilities
DISCRETIONARY USE CLASSES - (see Regulations 24 and 88)
Catering, Club or Lodge
CONDITIONS
1.
Municipal Services, Unserviced and Semi-Serviced Lots
Development shall be connected to municipal water and sewer services where
feasible.
Development on unserviced and semi-serviced lots is subject to the requirements
set out "Private Sewage Disposal and Water Supply Standards", and/or other
applicable requirements of Service NL and the Department of Environment and
Conservation.
2.
Development Standards
Minimum Building Line Setback.
10 metres
Minimum Sideyard Width
1 metre
Minimum Rearyard Depth
15 metres
Maximum Height
15 metres
69
USE ZONE TABLE
INDUSTRIAL (IND) ZONE
ZONE TITLE
INDUSTRIAL (IND)
PERMITTED USE CLASSES - (see Regulation 87)
Antenna, Conservation, General Industry, Light Industry, Transportation
DISCRETIONARY USE CLASSES - (see Regulations 23 and 88)
All use classes in the Business And Personal Service Uses Group, Hazardous
Industry, Indoor Market, Mineral Exploration, Outdoor Market, Recreational Open
Space and Shop
CONDITIONS
1.
Municipal Services, Unserviced and Semi-Serviced Lots
Development shall be connected to municipal water and sewer services where
feasible.
Development on unserviced and semi-serviced lots is subject to the requirements
set out "Private Sewage Disposal and Water Supply Standards", and/or other
applicable requirements of Service NL and the Department of Environment and
Conservation.
2.
General Development Standards
Development standards are as determined by the Town and relevant Provincial
and Federal agencies.
3.
Hazardous and Other Industry - Residential Uses
Hazardous and other potentially hazardous or high impact industrial uses shall be
suitably buffered from existing and proposed residential uses.
70
USE ZONE TABLE
MINING (MIN) ZONE
ZONE TITLE
MINING (MIN)
PERMITTED USE CLASSES - (see Regulation 87)
Antenna, Conservation, General Industry, Hazardous Industry, Light Industry,
Mineral Exploration, Mineral Working, Mining, Office, Transportation
DISCRETIONARY USE CLASSES - (see Regulations 24 and 88)
General Industry, Light Industry, Recreational Open Space, Utilities
CONDITIONS
1.
General
All development in this zone is subject to the approval of the Town along with the
Department of Natural Resources, and where applicable, the Department of
Environment and Conservation and other relevant authorities. In addition, Mineral
Workings are subject to Conditions 4 to 17 of this zone.
Development on unserviced and semi-serviced lots is subject to the requirements
set out in "Private Sewage Disposal and Water Supply Standards", and/or other
applicable requirements of Service NL and the Department of Environment and
Conservation.
2.
Permitted and Discretionary General, Hazardous and Light Industry Use
Classes
Permitted industrial uses shall be related to mineral extraction and processing.
Discretionary industrial uses shall be compatible with mineral extraction and
processing activities.
3.
Recreational Open Space
Recreational Open Space is limited to designated trails.
4.
Separation from Adjacent Uses
71
Unless the Town is satisfied that the mineral working will not create a nuisance
and will not adversely affect the amenity of the specified development or natural
feature, no mineral working shall be located closer than the minimum distances
set out below to the specified development or natural feature:
Existing or Proposed Residential Development
300 metres
Any Other Existing or Proposed Development
150 metres
Public Highway or street
50 metres
Protected Road
90 metres
Waterbody or watercourse
50 metres
5.
Screening
A mineral working shall be screened in the manner described below where it is
visible from a public street or highway, developed area, or area likely to be devel-
oped during the life of the use.
(a)
Where tree screens exist between the mineral working and adjacent public
highways and streets or other land uses (excepting forestry and
agriculture), the tree screens shall be retained in a 30-metre wide strip of
vegetation so that visibility of any part of the use from the surrounding
uses or streets will be prevented. The tree screens must be maintained
by the owner or occupier of the use to retain 30 metres in a forested
appearance. Where vegetation dies or is removed from the 30-metre
strip, the Town may require new trees of a minimum height of 1 metre be
planted to fill in the areas affected to the satisfaction of the Town or, at the
discretion of the Town, Condition 5 (b) must be undertaken.
(b)
Where no tree screens exist of sufficient width and density to constitute a
visual screen, earthen berms shall be constructed to a height sufficient to
prevent visibility of any part of the mineral working from adjacent uses
(excepting forestry and agriculture), or adjacent public highways and
streets. The berms shall be landscaped to the Town's satisfaction.
(c)
Where natural topography creates a visual screen between mineral
workings and adjacent public highways and streets or other land uses
(excepting forestry and agriculture), additional screening may not be
72
required.
(d)
Where effective screening for any mineral working or associated
processing or manufacturing use cannot be installed or located as
required in (a) - (c) above, the Town may refuse to permit the use or
associated activity.
6.
Fencing
The Town may require the mineral working site or excavated areas of a pit or
quarry working to be enclosed by a fence designed and constructed to its
specifications and no less than 1.8 metres in height.
7.
Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any body of water or watercourse. Any access
road to a pit or quarry working which crosses a brook or stream shall be bridged
or culverted at the crossing in accordance with the Regulations of the
Department of Environment and Conservation.
8.
Water Ponding
No mineral working shall result in the excavation of areas below the level of the
water table, nor in any way cause the accumulation or ponding of water in any
part of the site. Settling ponds may be permitted with the approval of the
Department of Environment and Conservation.
9.
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of
adjacent land.
10.
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and
abandoned equipment and any derelict buildings.
11.
Access Roads
During extended periods of shutdown, access roads to a mineral working shall be
ditched or barred to the satisfaction of the Town.
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12.
Stockpiling Cover Material
All stumps, organic material and topsoil shall be stripped and stockpiled at least 5
metres from active quarry or stockpile areas. The owner or operator shall ensure
that the quality of the topsoil is not affected by dilution with other materials.
13.
Operating Plant and Associated Processing and Manufacturing
The Town may permit processing and manufacturing use associated with mineral
workings provided that, in the opinion of the Town, the use does not create a
nuisance nor is liable to become a nuisance or offensive by the creation of noise
or vibration, or by reason of the emission of fumes, dust, dirt, objectionable
odour, or by reason of unsightly storage of materials.
14.
(A) All permanent or temporary buildings, plants and structures associated
with processing and manufacturing shall be located so as not to interfere
with the present or future extraction of aggregate resources.
(B)
No non-mineral working activity shall be permitted until its impact on the
mineral resources of the area has been determined.
15.
The Town may specify a minimum separation distance between operating plant
or associated processing and manufacturing structure or equipment and
adjacent developed areas likely to be developed during the life of the mineral
working.
16.
Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried out
by the operation:
(a)
All buildings, machinery and equipment shall be removed.
(b)
All pit and quarry slopes shall be graded to slopes less than 20o or to the
slope conforming to that existing prior to the mineral working.
(c)
Topsoil and any organic materials shall be re-spread over the entire
quarried area.
(d)
The access road to the working shall be ditched or barred to the
satisfaction of the Town.
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17.
If the mineral working contains reserves of material sufficient to support further
extraction operations, the Town may require the work described above to be
carried out only in areas of the site where extraction has depleted aggregate
reserves.
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USE ZONE TABLE
RURAL (RU) ZONE
ZONE TITLE
RURAL (RU)
PERMITTED USE CLASSES - (see Regulation 87)
Agriculture, Conservation, Forestry, Mineral Exploration, Recreational Open Space
DISCRETIONARY USE CLASSES - (see Regulations 24 and 88)
Animal, Antenna, Cemetery, fisheries related Light Industry, Mineral Working,
Mining, Outdoor Assembly, Outdoor Market, Seasonal Residential, Utilities,
Veterinary
CONDITIONS
1.
General
All development in this zone is subject to the approval of the Town along with the
Department of Natural Resources, and where applicable, the Department of
Environment and Conservation and other relevant authorities. In addition, Mineral
Workings are subject to Conditions 4 to 17 of the Mining Zone.
Development on unserviced and semi-serviced lots is subject to the requirements
set out in "Private Sewage Disposal and Water Supply Standards", and/or other
applicable requirements of Service NL and the Department of Environment and
Conservation.
2.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of the Town provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses, and in the case of general industry
that they are restricted to the maintenance and repair of equipment, processing
and storage related to agriculture or forestry uses.
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3.
Seasonal Residential
Seasonal residences and/or hunting cabins may be permitted where they are
located well away from the built-up or serviced urban area of the Town and have
no publicly maintained road access.
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USE ZONE TABLE
SEASONAL RESIDENCES (SR) ZONE
ZONE TITLE
SEASONAL RESIDENCES (SR)
PERMITTED USE CLASSES - (see Regulation 87)
Antenna, Conservation, Recreational Open Space, Seasonal Residential
CONDITIONS
All development in this zone is subject to the approval of the Town along with Service
NL and where applicable, the Department of Environment and Conservation and other
relevant authorities.
Development on unserviced and semi-serviced lots is subject to the requirements set
out in "Private Sewage Disposal and Water Supply Standards", and/or other applicable
requirements of Service NL and the Department of Environment and Conservation.
.
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USE ZONE TABLE
SOLID WASTE DISPOSAL (SWD) ZONE
ZONE TITLE
SOLID WASTE DISPOSAL (SWD)
PERMITTED USE CLASSES - (see Regulation 87)
Antenna, Conservation, Light Industry, General Industry, Scrap Yard, Solid Waste
CONDITIONS
1.
General
All development in this zone is subject to the approval of the Town along with the
Department of Natural Resources, and where applicable, the Department of
Environment and Conservation and other relevant authorities.
Development on unserviced and semi-serviced lots is subject to the requirements
set out in "Private Sewage Disposal and Water Supply Standards", and/or other
applicable requirements of Service NL and the Department of Environment and
Conservation.
2.
General Industry and Light Industry
General industry and light industry are limited to uses related to the recycling,
storage and processing of solid waste
3.
Scrap Yard and Solid Waste Disposal
Unless the Town 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 feature:
Type of Development
Minimum Distance from Solid
Waste Site or Scrap Yard
Existing or proposed residential
development
300 metres
Any other developable area or area
likely to be developed during the life
of the scrapyard or solid waste use
150 metres
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Public highway or street
50 metres
Protected Road
90 metres
Waterbody or watercourse
50 metres
80
USE ZONE TABLE
WATERSHED CONSERVATION (WC) ZONE
ZONE TITLE
WATERSHED CONSERVATION (WC)
PERMITTED USE CLASSES - (see Regulation 87)
Conservation
DISCRETIONARY USE CLASSES - (see Regulations 24 and 88)
Agriculture, Antenna, Forestry, Recreational Open Space
CONDITIONS
All development in this zone is subject to the approval of the Town along with the
Department of Environment and Conservation and other relevant authorities.
The discretionary use classes listed in this table may be permitted at the discretion of
the Town provided that the development will not diminish the quality or quantity of public
water supply available from the watershed.
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USE ZONE TABLE
PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE
ZONE TITLE
PROTECTED PUBLIC WATER SUPPLY (PPWS) ZONE
PERMITTED USE CLASSES - (see Regulation 87)
Conservation
DISCRETIONARY USE CLASSES - (see Regulations 24 and 88)
Forestry, Recreational Open Space
CONDITIONS
1.
General Conditions and Referrals
In addition to any other approvals or requirements by the Town, all development
in this zone shall be subject to the approval of the Minister of Environment and
Conservation.
Conditions 1, 2, 3, 4, and 5 are based upon Department of Environment and
Conservation Policy Directive W.R. 95-01 - Water Resources Division as
modified.
2.
Activities Not Permitted
The following activities shall not be permitted in this zone:
a)
placing, depositing or discharging or permitting the placing, depositing or
discharging into a body of water any sewage, refuse, chemicals, municipal
and industrial wastes or any other material which impairs or has potential
to impair water quality;
b)
using a waterway or wetland or specified buffer zones for any activity
detrimental to water quality, and not permitted in the Environment Act;
c)
using ice covered water body for transporting logs or wood, riding
skidoos/motor vehicles/all terrain vehicles, leading of animals, or any other
activity, including littering, which impairs or has potential to impair water
quality;
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d)
using or operating existing facilities in such a manner that impairs or has
potential to impair water quality;
e)
storage and disposal of pesticides and manure, application of manure and
chemicals in specified buffer zones, extensive land clearing, and peat land
drainage without adequate treatment.
f)
application of herbicides in the right-of-way, and use of chemically treated
utility poles and other related structures; and,
g)
any other storage or disposal facilities that the Minister of Environment
and Conservation considers environmentally unacceptable.
3.
Activities Regulated
Subject to the other provisions of these Regulations, in this zone no person shall
undertake any of the following activities without obtaining prior written approval
from the Minister of Environment and Conservation and a permit from the Town:
a)
expansion and upgrading of the existing activities, operations or facilities;
b)
land clearing or drainage, construction of access roads, servicing of lands
for subsequent use, or extension and upgrading of existing buildings or
facilities;
c)
installation of storm or sanitary sewer pipelines, pipelines for transmission
of water for hydroelectric generation, agriculture uses, or any other
purposes;
d)
construction of roads, bridges, culverts, and other stream crossings, and
installation of power and telecommunication transmission lines;
e)
modification to intake structures, pump house, reservoir; and
f)
any other development or activity which, in the opinion of the Minister of
Environment and Conservation, has caused impairment or has potential to
impair water quality.
4.
Approval Process
(1)
The proponent shall submit a detailed development plan along with maps,
drawings and specifications and other information as required by the Town
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and the Minister of Environment and Conservation for approval.
(2)
The
Minister
of
Environment
and
Conservation
may,
on
the
recommendation of his/her officials, issue a certificate of approval for the
proposed development on such terms and conditions as the Minister
considers necessary to protect water quality.
(3)
The proponent shall obtain separate approvals from the Minister of
Environment and Conservation for all permanent or temporary stream
crossings or for alteration to bodies of water that may be necessary to
carry out the approved development.
(4)
The proponent shall also obtain licences, permits or approvals under other
Acts and Regulations, including the Development Regulations as required
prior to commencing the approved work.
(5)
The proponent of the approved development shall notify the Town by
providing a copy of the approval issued under this policy before
commencing the work.
(6)
The proponent shall maintain adequate liaison and consultation with the
person or Town responsible for the operation and maintenance of the
waterworks during the implementation and operation of the approved
work.
(7)
The Minister of Environment and Conservation may require the inspection
of the approved development from time to time by his/her officials to
ensure that the development is carried out in an environmentally
acceptable manner and the proponent is complying with the terms and
conditions of the approval.
(8)
The Minister of Environment and Conservation may require a proponent to
monitor water quality according to a monitoring program approved by the
Minister in order to evaluate the impact of the approved development on
public water supply.
5.
Buffer Zones
The proponents shall provide the following widths of buffer zones along and
around water bodies from the high water mark in a designated area:
Water Body
Width of Buffer Zones
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Intake pond or lake
a minimum of 150 metres
River intake
a minimum of 150 metres for a distance
of one kilometre upstream and 100
metres downstream
Main river channel
a minimum of 75 metres
Major tributaries, lakes or ponds
a minimum of 50 metres
Other water bodies
a minimum of 30 metres
No development activity shall be permitted in buffer zones except those that are
intended to promote vegetation.
6.
Discretionary Use Classes
The discretionary use classes may be permitted at the discretion of the Town
provided that they are compatible or complementary to uses within the permitted
use classes, or that their development will not inhibit or prejudice the quality of
water for domestic purposes which in future would flow or which flows into the
Town water pipes from sources within the Protected Public Water Supply Zone.
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USE ZONE TABLE
ENVIRONMENTAL PROTECTION (EP) ZONE
ZONE TITLE
ENVIRONMENTAL PROTECTION (EP)
PERMITTED USE CLASSES (see Regulation 87)
Conservation
DISCRETIONARY USE CLASSES (see Regulations 24 and 88)
Light Industry, Mineral Exploration, Recreational Open Space, Transportation
CONDITIONS
All development in this zone is subject to the approval of the Department of
Environment and Conservation and other relevant agencies along with the Town.
Light industry and Transportation use classes are limited to fisheries related uses and
wharves associated with residential uses.
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USE ZONE TABLE
ENVIRONMENTAL PROTECTION - MANAGEMENT UNIT (EP-MU) ZONE
ZONE TITLE
ENVIRONMENTAL PROTECTION - MANAGEMENT UNIT (EP-MU)
PERMITTED USE CLASSES (see Regulation 87)
Conservation
DISCRETIONARY USE CLASSES (see Regulations 24 and 88)
Recreational Open Space
CONDITIONS
All development in this zone is subject to the approval of the Department of
Environment and Conservation, Wildlife Division and other relevant agencies along with
the Town.
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SCHEDULE D
OFF-STREET PARKING REQUIREMENTS
The off-street parking requirements for uses in the various use classes set out in
Schedule B shall be as set out in the following table.
In the case of developments including uses in more than one use class, these
standards shall be regarded as cumulative.
Adequate off-street provision for drop-off and pick-up of persons shall be provided in
developments where required, such uses within the educational, passenger assembly,
child care, medical treatment and special care, commercial residential and take-out food
service use classes.
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Theatre
One space for every 5 seats.
Cultural and Civic
One space for every 50 square metres of gross floor
areas.
General Assembly
One space for every 10 square metres of gross floor area.
Educational
Schools - 2 spaces for every classroom.
Further education - 1 space for every 5 persons using the
facilities (students, faculty and staff).
Place of Worship
One space for every 5 seats.
Passenger Assembly
As specified by the Town.
Club and Lodge
One space for every 3 persons that may be
accommodated at one time.
Catering
One space for every 3 customers that may be
accommodated at one time.
Funeral Home
One space for every 10 square metres of gross floor area.
Child Care
One space for every 20 square metres of gross floor area
Amusement
One space for every 10 square metres of gross floor area.
Outdoor Assembly
As specified by the Town.
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Penal
and
Correctional
Detention
As specified by the Town.
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Medical Treatment and
Special Care
Once space per 20 square metres of suite or ward area
Single Dwelling
Two spaces for every dwelling unit.
Double Dwelling
Two spaces for every dwelling unit.
Row Dwelling
Two spaces for every dwelling unit.
Apartment Building
Three spaces for every two dwelling units.
Collective Residential
As specified by the Town.
Boarding Houses, Lodging
Houses
As specified by the Town.
Commercial Residential
One space for every guest room.
Seasonal Residential
One space per dwelling unit.
Mobile Homes
Two spaces for every dwelling unit.
Office
One space for every 20 m2 of gross floor area.
Medical and Professional
One space for every 20 m2 of gross floor area.
Personal Service
One space for every 20 m2 of gross floor area.
General Service
One space for every 20 m2 of gross floor area.
Communications
As specified by the Town.
Police Station
As specified by the Town.
Taxi Stand
As specified by the Town.
Take-out Food Service
One space for every 20 m2 of gross floor area.
Veterinary
One space for every 20 m2 of gross floor area.
Shopping Centre
One space for every 15 m2 of gross floor area.
Shop
One space for every 20 m2 of gross floor area.
Indoor Market
As specified by the Town.
Outdoor Market
As specified by the Town.
Convenience Store
One space for every 20 m2 of gross floor area.
Hazardous Industry
As specified by the Town, but not less than one space per
100 m2 of gross floor area or 10 parking spaces,
whichever is greater.
General Industry
As specified by the Town, but not less than one space per
100 m2 of gross floor area or 10 parking spaces,
whichever is greater.
Service Station
One space for every 20 m2 of gross floor area.
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CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Light Industry
As specified by the Town, but not less than one space per
50 m2 of gross floor area or 5 parking spaces, whichever
is greater.
Agriculture
Not specified.
Forestry
Not specified.
Mineral Working
Not specified.
Mining
Not specified.
Recreational Open Space
Not specified.
Conservation
Not specified.
Cemetery
Not specified.
Scrap Yard
Not specified.
Solid Waste
Not specified.
Animal
Not specified.
Antenna
Not specified.
Transportation
As determined by the Town, taking into consideration
associated uses, such as boat repairs, and other facilities
and services.
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SCHEDULE E - WATERWAYS AND WETLANDS - W.R. 97-1 AND W.R. 97-2
NOTE: Schedule E sets out the applicable policy directives under the Water Resources
Act concerning development in and near bodies of water - waterways and wetlands -
as described in Part II of the Development Regulations. These directives were obtained
from the Government of Newfoundland and Labrador Department of Environment and
Conservation Website and may be amended or changed without notice.
WATERWAYS
Development in Shore Water Zones - Policy Directive W.R. 97-1
1.0
INTRODUCTION
The shore water zone is the interface between land and water, and includes the
land along the edge of an ocean, or a fresh water body. The shore water zone
owes its unique ecological attributes to the area encompassing both the land
draining into the water body and the water body itself. Unplanned and imprudent
development on shore water zones, including infilling and waste disposal, may
have detrimental effects on water quality, water quantity, and on terrestrial and
aquatic life and habitat. Human impacts on salt water shore zones, caused by,
for example, untreated sewage disposal, surface runoff from urban and industrial
sites, etc., has led to closures of bays to aquaculture and shellfish harvesting.
The economic impacts of environmental damage of fresh water shore zones
include loss of recreational opportunities, depreciation of land values, etc. Shore
water zones are also areas that are subject to flooding, with possible adverse
impacts on life and property along the zones.
2.0
OBJECTIVES
This policy will establish the criteria for issuing a permit under Section 48 of the
Water Resources Act, SNL 2002 cW-4.01, for all development activities in and
affecting shore water zones. The objective of the policy is to permit
developments of shore water zones such that potential economic losses and
impacts on water quantity, water quality, and terrestrial and aquatic habitats and
life are minimized.
3.0
LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act") sections 30, 48 and 64
4.0
DEFINITIONS
Body of Water -
(Statutory definition from the Act) "body of water" means
91
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
Shore Water Zone -
"Shore Water Zone" means the land that is intermittently
occupied by water as a result of the naturally fluctuating
surface water level in a body of water which can be either
a fresh or salt water body and, in either case, the low
water mark and high water mark of the water body
defining the edges of the shore water zone.
Development -
"Development" means the carrying out of an activity or
operation which includes construction of wharves,
moorings, jetties, other docking facilities, marinas,
boathouses, etc., mechanical disturbance of the land,
infilling, drainage, dredging, channelization, erosion
control works, and removal of vegetation on shore water
zones for social or economic benefits, or any change in
the use or the intensity of use of any shore water zone.
5.0
POLICIES
5.1
High Water Level of a Water Body
The high water level of a water body is taken to be the 1:100 year return period
water level. For a fresh water body, this level includes water levels caused strictly
by storm runoff or hydraulic effects of ice or both. In marine situations, the level
must include maximum waves, wind setup, storm surge, and ultimate mean sea
levels under current global climatic forecasts for a 1:100 year design.
5.2
Developments Not Permitted
5.2.1 Infilling, drainage, dredging, channelization, or removal of surface or
underwater vegetation on or along shore water zones, which could
aggravate flooding problems, will not be permitted.
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5.2.2 Infilling, drainage, dredging, channelization, or removal of surface or
underwater vegetation on or along shore water zones, which have
unmitigable adverse water quality impacts on the shore water zones, will
not be permitted.
5.2.3 Infilling, drainage, dredging, channelization, or removal of surface or
underwater vegetation on or along shore water zones which have
significant impacts on water circulation patterns within the shore water
zones or on sediment deposition or accretion or removal rates along the
shore water zones will not be permitted.
5.2.4 Placing, depositing or discharging into shore water zones of any raw
sewage, refuse, municipal and industrial wastes, fuel or fuel containers,
pesticides, herbicides or other chemicals or their containers, or any other
material, which impairs or has the potential to impair the water quality of
the shore water zones will not be permitted.
5.2.5 Construction of extensive paved surfaces along a shore water zone, which
changes the intrinsic character of the shore water zone, will not be
permitted.
5.3
Developments Requiring Written Permission
The following developments on or along shore water zones will be permitted
subject to the prior written permission of the Minister of Environment and
Conservation (the "Minister") in accordance with the Act:
5.3.1 Limited removal of surface vegetation cover for the construction of
marinas, boathouses, jetties, wharves, moorings, and other docking
facilities.
5.3.2 Construction of marinas, boathouses, jetties, wharves, moorings and other
docking facilities which would require only minor disturbances to water
circulation patterns within the shore water zone and which have limited
impacts on sediment deposition or accretion rates along the shore water
zone.
5.3.3 Extension and upgrading of existing buildings, structures and facilities
within shore water zone areas.
5.3.4 Development related to recreational activities including the setting up of
campgrounds, permanent and semi-permanent facilities, etc., along shore
water zones.
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5.4
Implementation of Mitigative Measures
All developments which are permitted within shore water zones and which could
result in potentially adverse changes to water quantity or water quality of the
shore water zone will require the implementation of mitigative measures to be
specified in the terms and conditions for the environmental approval.
5.5
Restoration Measures
The terms and conditions of the environmental approval will specify the
restoration measures to be implemented upon cessation of activities or
abandonment of facilities on shore water zones.
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WETLANDS
Subject:
Development in Wetlands
1.0
INTRODUCTION
Wetlands, which include bogs, fens, marsh, swamps, and shallow water, collect
and store runoff, moderate and attenuate downstream flood flows, reduce
downstream flooding and erosion, clean and purify water, recharge groundwater
zones, and provide unique habitat for plants and animals. The wetlands of
Newfoundland and Labrador are increasingly being altered from their natural
state to support alternative land uses such as agriculture, urbanization, industrial
development, and recreation. Unplanned and imprudent development of
wetlands, including drainage, infilling, and channelization, have detrimental
effects on the wetlands' and downstream water quality and water quantity, and
on terrestrial and aquatic habitat, life, flora and fauna. The potential
consequences of impacts on water resources include structural damage to
bridges and culverts from increased flood flows; river bed erosion causing
siltation; and detrimental impacts on fish resources, drinking water quality and
recreational uses of water bodies.
The problem facing wetland management is that the ecological and socio-
economic benefits of these ecosystems are usually not directly measurable and
in many instances are not recognized until it is too late. The extensive nature of
wetlands, peatlands in particular, in this province means that there is room for
more developments to occur to meet social and economic needs, as long as
hydrologic and environmental impacts are minimized.
2.0
OBJECTIVES
This policy will establish the criteria for issuing a permit under Section 48 of the
Water Resources Act, SNL 2002 cW-4.011, for all development activities in and
affecting wetlands. The objective of the policy is to permit developments in
wetlands, which do not adversely affect the water quantity, water quality,
hydrologic characteristics or functions, and terrestrial and aquatic habitats of the
wetlands.
3.0
LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act") sections 30, 48 and 64
95
4.0
DEFINITIONS
Body of Water -
(Statutory definition from the Act) "body of water" means
a surface or subterranean source of fresh or salt water
within the jurisdiction of the province, whether that source
usually contains liquid or frozen water or not, and
includes water above the bed of the sea that is within the
jurisdiction of the province, a river, stream, brook, creek,
watercourse, lake, pond, spring, lagoon, ravine, gully,
canal, wetland and other flowing or standing water and
the land occupied by that body of water.
Wetland -
(Statutory definition from the Act) "wetland" means land
that has the water table at, near or above the land
surface and includes bogs, fens, marshes, swamps and
other shallow open water areas
Wetland development - "Wetland development" means the carrying out of an
activity or operation which includes the construction of
ditches, mechanical disturbance of the ground, alteration
of normal water level fluctuations, infilling, drainage,
dredging, channelization, and removal of vegetation
cover and/or organic matter on a wetland for social or
economic benefits, or the making of any change in the
use or the intensity of use of any wetland which affects its
hydrologic characteristics or functions
5.0
POLICIES
5.1
Developments Not Permitted
5.1.1 Infilling, drainage, dredging, channelization, removal of vegetation cover or
removal of soil or organic cover of wetlands which could aggravate
flooding problems or have unmitigable adverse water quality or water
quantity or hydrologic impacts will not be permitted.
5.1.2 Developments of wetlands which are located within the recharge zones of
domestic, municipal or private groundwater wells will not be permitted.
5.1.3 Placing, depositing or discharging any raw sewage, refuse, municipal and
industrial wastes, fuel or fuel containers, pesticides, herbicides or other
chemicals or their containers, or any other material which impairs or has
the potential to impair the water quality of wetlands will not be permitted.
5.2
Developments Requiring Written Permission
The following developments affecting wetlands will be permitted subject to the
prior written permission of the Minister of Environment and Conservation (the
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"Minister") in accordance with the Act:
5.2.1 Removal of the surface vegetation cover of wetlands for extraction of peat,
or for preparing the area for agricultural or forestry activities.
5.2.2 Construction of ditches, tile fields and other types of flow conveyances to
drain wetlands for extraction of peat, or for preparing the area for
agricultural or forestry operations.
5.2.3 Removal of the topsoil or organic cover of wetlands for use as horticultural
or fuel peat, or for preparing the area for agricultural or forestry activities.
5.2.4 Infilling, dredging, or any other disturbance of wetlands for the
construction of permanent or temporary roads, bridges, culverts, trails,
power and telecommunication transmission lines, pipelines, etc., through
wetlands which would necessitate only minor disturbances to the
vegetation and organic cover, the flow drainage pattern of the area and
ground slope.
5.2.5 Infilling, dredging or other disturbance of wetlands for the construction of
residential, commercial, industrial and institutional facilities or extension
and upgrading of existing buildings and facilities within wetland areas.
5.2.6 Development related to recreational activities including the setting up of
campgrounds, permanent and semi-permanent facilities, etc., on wetland
areas.
5.2.7 Construction of flow control structures to alter the normal water level
fluctuations of wetlands for the purposes of enhancing the quality or
quantity of fish and other wildlife habitat.
5.3
Implementation of Mitigative Measures
All uses and developments of wetlands resulting in potentially adverse changes
to water quantity or water quality or hydrologic characteristics or functions of the
wetlands will require the implementation of mitigative measures to be specified in
the terms and conditions for the environmental approval.
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5.4
Restoration Measures
The terms and conditions of the environmental approval will specify the
restoration measures to be implemented upon cessation of activities or
abandonment of facilities on wetland areas.