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TOWN OF STEPHENVILLE
DEVELOPMENT REGULATIONS 2014
I certify that h
accordance with the
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-Qevelopment Regulations have been prepared in
Urban and Rural Planning Act 2000.
URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF STEPHENVILLE DEVELOPMENT REGULATIONS 2014
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
Town Council of Stephenville adopts the Town of Stephenville Development
Regulations 2014.
Adopted by the Town Council of Stephenville on the 16 day of
2016.
Signed and sealed this -7-
day of NnT-inkre-, 2016.
/"--7
Mayor:
om O'Brien
Clerk:
Carolyn Li stone
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
a
a
URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF STEPHENVILLE DEVELOPMENT REGULATIONS 2014
Under the authority of Section 16, Section 17 and Section 18 of the Urban and
Rural Planning Act 2000, the Town Council of Stephenville
a)
adopted the Town of Stephenville Development Regulations 2014 on the
/0 day of AA
2016.
b)
gave notice-
of the adoption of the Town of Stephenvil Development
Regulations 2014 by advertisement inserted on the 19 day of
-
2016 and the 36
day of
2016 in the Western Star newspaper.
c)
set the ,day op
01g at 1.66 p.m. at the Stephenville Town Hall
for the holding of a p ic hearing to consider objections and submissions.
Now finder the authority of section 23 of the Urban and Rural Planning Act 2000,
on the L3 day of r\i/r4401,22016 the Town Council of Stephenville approves the Town
of Stephenville Development Regulations 2014.
SIGNED AND SE -LED this
st day ofi(VVE/X19Eie._ , 2016
a
Mayor:
,/ /tom O'Brien
Clerk:
Carolyn Lidstone
-2o1 -
3
-e,/7
TABLE OF CONTENTS - Page 1
APPLICATION
1
1.
Short Title
1
2.
Interpretation
1
3.
Commencement
1
4.
Urban and Rural Planning Act 2000 Ministerial Development Regulations
1
5.
Municipal Code and Regulations
1
6.
Town
1
PART 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 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
6
22.
Development Permit - Temporary Use
7
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
8
28.
Appeals
9
PART II - GENERAL DEVELOPMENT STANDARDS
12
29.
Access Ramps and Decks
12
30.
Access to Adjoining Properties
12
31.
Accesses and Service Streets
12
32.
Accessory Buildings - Dwellings
13
33.
Accessory Buildings - Non-Dwelling and Non-Apartment Building Uses
14
34.
Accessory Uses
15
35.
Advertisements
15
36.
Agriculture and Livestock
16
37.
Airport Compatibility
16
38.
Appropriate Residential Uses
16
39.
Archaeological and Heritage Resources
17
40.
Bed and Breakfast, Boarding House
18
41.
Building Line and Setback, Complementary Building Setbacks 18
TABLE OF CONTENTS - Page 2
42.
Building Near Highways Regulations - Highways 460 and 490 19
43.
Building Near Highways Regulations - Highway 460-11 - Cold Brook Road
19
44.
Buildings on a Lot
19
45.
Coastline and Harbour Areas
19
46.
Comprehensive Development
20
47.
Coordination of Development/Comprehensive Plan
21
48.
Forestry and Trees
21
49.
Groundwater Supply Assessment - New and Existing Subdivisions
21
50.
Height Exceptions
22
51.
Home Business
22
52.
Home Office
22
53.
Lot Area
23
54.
Lot Area and Size Exceptions
23
55.
Lot Frontage
23
56.
Mineral Exploration
24
57.
Mineral Workings and Quarries
24
58.
Non-Conforming Uses
28
59.
Offensive and Dangerous Uses
30
60.
Offstreet Loading and Parking Requirements
30
61.
Pending Protected Public Water Supply Area Overlay
30
62.
Protected Roads
30
63.
Residential Buffer
31
64.
Road Access - Kippens Gaudon's Brook, Highways 460-490
31
65.
Scrapyard and Solid Waste
32
66.
Screening and Landscaping
33
67.
Site Development
33
68.
Site Development - Fill and Landscaping Permit Requirements 34
69.
Site Development - Slope Greater than 15 Percent or 20 Percent 34
70.
Street Construction Standards
35
71.
Subsidiary Apartment
35
72.
Tourist Cabins
35
73.
Trails and T'Railway Provincial Park
36
74.
Unsubdivided Land
36
75.
Uses Allowed In All Zones
36
76.
Utilities - Wind Mills, Wind Farms, Other Energy Sources
37
77.
Waterways and Wetlands
37
78.
Well Field Protection Area Private Overlay
39
PART III - ADVERTISEMENTS
40
79.
Advertisements and Signs
40
(1)
Permit Required
40
(2)
Form of Application
40
(3)
Advertisements in Street Reservation
40
(4)
Permit Valid for Limited Period
40
(5)
Advertisements, Non-Compliant
40
TABLE OF CONTENTS - Page 3
(6)
Removal of Advertisements
41
(7)
Advertisements - Non-Conforming Uses
41
(8)
Prohibition
41
(9)
Signs or Advertisements Not Specifically Covered
41
80.
Advertisements Exempt from Control
42
81.
Advertisements - Temporary and/or Portable Signs
43
82.
Advertisements and Signs near Highways
43
83.
Advertisements Relating to On-Site Uses
44
84.
Advertisements Relating to Off-Site Uses
44
PART IV - SUBDIVISION OF LAND
46
85.
Permit Required and Sureties
46
86.
Subdivisions inside the Planning Area outside the Town Boundary
46
87.
Subdivision Agreement
46
88.
Services to be Provided
46
89.
Payment of Service Levies and Other Charges
47
90.
Issue of Permit Subject to Considerations
47
91.
Groundwater Supply Assessment - New and Existing Subdivisions
48
92.
Building Permits Required
48
93.
Form of Application
48
94.
Subdivision Subject to Zoning and Plan Adopted by Town
48
95.
Building Lines
48
96.
Land for Public Open Space
48
97.
Structure in Street Reservation
49
98.
Subdivision Design Standards
49
99.
Engineer to Design Works and Certify Construction Layout
51
100.
Developer to Pay Engineer's Fees and Charges
52
101.
Street Works May Be Deferred
52
102.
Transfer of Streets and Utilities to Town
52
103.
Restriction on Sale of Lots
53
104.
Grouping of Buildings and Landscaping
53
105. Coordination of Development
53
PART V - USE ZONES
54
106.
Use Zones
54
107.
Use Classes
54
108.
Permitted Uses
54
109.
Discretionary Uses
54
110.
Uses Not Permitted
55
SCHEDULE A - DEFINITIONS
56
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS 68
SCHEDULE C - USE ZONE SCHEDULES
74
COUNTRY LIVING RESIDENTIAL (CLR) ZONE
75
RESIDENTIAL LOW DENSITY (RLD) ZONE
79
RESIDENTIAL MEDIUM DENSITY (RMD) ZONE
81
RESIDENTIAL MEDIUM DENSITY 2 (RMD 2) ZONE
84
TABLE OF CONTENTS -- Page 4
RESIDENTIAL SPECIAL (RSP) ZONE
89
RURAL RESIDENTIAL (RR) ZONE
92
SEASONAL RESIDENTIAL (SR) ZONE
96
COMMERCIAL GENERAL (CG) ZONE
98
INDUSTRIAL GENERAL (IG) ZONE
102
AIRPORT (AP) ZONE
105
PUBLIC (PU) ZONE
107
a
OPEN SPACE RECREATION (OSR) ZONE
109
ENVIRONMENTAL PROTECTION (EP) ZONE
111
DESIGNATED FLOODWAY (DF), FLOODWAY FRINGE (FF), CLIMATE CHANGE
FLOOD (CF) ZONES
112
RURAL (RU) ZONE
113
WELLHEAD PROTECTED WATER SUPPLY AREA KIPPENS (WPWSA-K) ZONE
116
WELLHEAD PROTECTED WATER SUPPLY AREA STEPHENVILLE (WPWSA-S)
ZONE
120
COMPREHENSIVE DEVELOPMENT AREA RESIDENTIAL (CDA-R) ZONE
124
COMPREHENSIVE DEVELOPMENT AREA COMMUNITY SERVICES (CDA-CS)
ZONE
126
SCHEDULE D - OFFSTREET LOADING AND PARKING REQUIREMENTS
128
SCHEDULE E
133
POLICY FOR FLOOD PLAIN MANAGEMENT
133
1.0 INTRODUCTION
133
2.0 OBJECTIVES
133
3.0 BACKGROUND
134
Canada - Newfoundland Flood Damage Reduction Program
134
4.0 LEGISLATION
134
5.0 DEFINITIONS
135
6.0 POLICIES
136
6.01 Development Requires Written Approval
136
6.02 Project Categories
136
6.03 Hydraulic Structures
137
6.04 Project Classifications
138
6.05 Projects Permitted Where Flood Plains Are Designated
139
6.06 Projects Permitted in Coastal Floodway Where Flood Plains Are Designated 140
6.07 Additions and Modifications to Existing Development
140
MAPS -- Land Use Zoning Maps 1, 2, 3 and 4
TOWN OF STEPHENVILLE MUNICIPAL PLAN
DEVELOPMENT REGULATIONS
APPLICATION
1.
Short Title
These Regulations may be cited as the Stephenville Development Regulations.
2.
Interpretation
(1) Words and phrases used in these Regulations shall have the meanings
ascribed to them in Schedule A.
(2) Words and phrases not defined in Schedule A shall have the meanings that
are commonly assigned to them in the context in which they are used in the
Regulations.
3.
Commencement
These Regulations come into effect throughout the Stephenville Municipal
Planning Area, hereinafter referred to as the Planning Area, on the date of
publication of a notice to that effect in the Newfoundland 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 Stephenville
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
Stephenville, shall, under these Regulations apply to the entire Planning Area.
6. Town
In these Regulations, "Town" means the Council of the Town of Stephenville.
1
a
a
a
Published by Authority
NEWFOUNDLAND REGULATION 3/01
a
Development Regulations
under the
Urban and Rural Planning Act, 2000
a
(Filed January 2, 2001)
a
Under the authority of section 36 of the Urban and Rural
Planning Act, 2000, I make the following regulations.
Dated at St. John's, January 2, 2001.
a
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
a
REGULATIONS
Analysis
a
I. Short title
12.
Variances
2. Definitions
13. Notice of variance
3. Application
14. Residential non conformity
4. Interpretation
15. Notice and hearings on
5.
Notice of right to appeal
change of use
a
6. Appeal requirements
16. Non-conformance with
7.
Appeal registration
standards
8.
Development prohibited
17. Discontinuance of non-
9.
Hearing notice and meetings
conforming use
10.
Hearing of evidence
18. Delegation of powers
a
IL Board decision
19,
Commencement
a
Development Regulations
3/01
1. These regulations may be cited as the Development Regulations.
Short title
Defutittons
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the
Urban and Rural Planning Act. 2000;
(b) "applicant" means a person who has applied to an authority
for an approval or permit to carry out a development;
(c) "authority" means a council, authorized administrator or
regional authority; and
(d) "development regulations" means these regulations and
regulations and by-laws respecting development that have
been enacted by the relevant authority.
Application
3. (1) These regulations shall be included in the development
regulations of an authority and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and
development regulations or other regulations of an authority, these
regulations shall apply.
a
(3) Where another Act of the province provides a right of appeal
to the board, these regulations shall apply to that appeal.
a
a
a
a
tiN
Interpretation
4. (1) In development regulations and other regulations made with
respect to a planning area the following terms shall have the meanings
indicated in this section
(a) "access" means a way used or intended to be used by
vehicles, pedestrians or animals in order to go from a street
to adjacent or nearby land or to go from that land to the
street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling,
located on the same lot as the main building to which it
is an accessory and which has a use that is customarily
incidental or complementary to the main use of the
building or land,
2
a
Development Regulations
3/01
(ii) for residential uses, domestic garages, carports, ramps,
sheds, swimming pools, greenhouses, cold frames, fuel
sheds, vegetables storage cellars, shelters for domestic
411
pets or radio and television antennae,
(iii) for commercial uses, workshops or. garages, and
(iv) for industrial uses, garages, offices, raised ramps and
docks;
(c) "accessory use" means a use that is subsidiary to a permitted
or discretionary use and that is customarily expected to
occur with the permitted or discretionary use;
(d) "building height" means the vertical distance, measured in
metres from the established grade to the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(iii) mean height level between the eave and the ridge of a
gable, hip or gambrel roof,
a
and in any case, a building height shall not include
mechanical structure, smokestacks, steeples and purely
ornamental structures above a roof;
(e) "building line" means a line established by an authority that
runs parallel to a street line and is set at the closest point to a
a
street that a building may be placed;
(f) "discretionary use" means a use that is listed within the
discretionary use classes established in the use zono.tables of
an authority's development regulations;
(g) "established grade" means,
(i) where used in reference to a building, the average
elevation of the finished surface of the ground where it
meets the exterior or the front of that building exclusive
of any artificial embankment or entrenchment, or
a
Development Regulations
3/01
S
(ii) where used in reference to a structure that is not a
building, the average elevation of the finished grade of
the ground immediately surrounding the structure,
exclusive of any artificial embankment or entrenchment;
(h) "floor area" means the total area of all floors in a building
measured to the outside face of exterior walls;
INN
(i) "frontage" means the horizontal distance between side lot
lines measured at the building line;
(j) "lot" means a plot, tract or parcel of land which can be
considered as a unit of land for a particular use or building;
(k) "lot area" means the total horizontal area within the lines of
the lot;
(1) "lot coverage" means the combined area of all building on a
lot measured at the level of the lowest floor above the
established grade and expressed as a percentage of the total
area of the lot;
(m) "non-conforming use" means a legally existing use that is
a
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;
S
(n) "owner" means a person or an organization of persons
owning or having the legal right to use the land under
consideration;
S
(o) "permitted use" means a use that is listed within the
permitted use classes set out in the use zone tables of an
authority's development regulations;
(p) "prohibited use" means a use that is not listed in a use zone
within the permitted use classes or discretionary use classes
or a use that an authority specifies as not permitted within a
use zone;
(q) "sign" means a word, letter, model, placard, board, device or
representation, whether illuminated or not, in the nature of or
a
employed wholly or in part for the purpose of advertisement,
4
Development Regulations
3/01
VI
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;
(r) _"rear .yard.depth"_ means the...distance. between the rear lot
line and the rear wall of the main building on a lot;
(s) "side yard depth" means the distance between the side lot
line and the nearest side wall of a building on the lot;
(t) "street" means a street, road, highway or other way designed
for the passage of vehicles and pedestrians and which is
accessible by fire department and other emergency vehicles;
(u) "street line" means the edge of a street reservation as defined
by the authority having jurisdiction;
(v) "use" means a building or activity situated on a lot or a
development permitted on a lot;
(w) "use zone" or "zone" means an area of land including
buildings and water designated on the zoning map to which
the uses, standards and conditions of a particular use zone
table apply;
(x) "variance" means a departure, to a maximum of 10% from
the yard, area, lot coverage, setback, size, height, frontage or
any other numeric requirement of the applicable Use Zone
Table of the authority's regulations; and
(y) "zoning map" means the map or maps attached to and
forming a part of the authority's regulations.
(2) An authority may, in its discretion, determine the uses that
may or may not be developed in a use zone and those uses shall be
listed in the authority's regulations as discretionary, permitted or
prohibited uses for that area.
5. Where an authority makes a decision that may be appealed
under section 42 of the Act, that authority shall, in writing, at the time
of making that decision, notify the person to whom the decision applies
of the
5
a
Notice of right to
appeal
a
-
111
Development Regulations
3/01
Appeal
requirements
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of
the appeal.
6. (1) The secretary of the board at the Department of Municipal
and Provincial Affairs, Main Floor, Confederation Building (West
Block), P.O. Box 8700, St. John's, Nfld., A I B 4J6 is the secretary to all
boards in the province and an appeal filed with that secretary within the
time period referred to in subsection 42(4) of the Act shall be
considered to have been filed with the appropriate board.
(2) Notwithstanding subsection (1), where the City of Corner
Brook, City of Mount Pearl or City of St. John's appoints an appeal
board under subsection 40(2) of the Act, an appeal shall be filed with
the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to
the board that hears the decision being appealed by filing it with the
secretary referred to in subsection (1) or (2) within the 14 days referred
to in subsection 42(4) of the Act.
(4) The board that hears the decision being appealed shall,
subject to subsection 44(3) of the Act, retain the fee paid to the board.
(5) Where an appeal of a decision and the required fee is not
received by a board in accordance with this section and Part VI of the
Act, the right to appeal that decision shall be considered to have been
forfeited.
Appeal registration
7. (1) Upon receipt of an appeal and fee as required under the Act
and these regulations, the secretary of the board as referred to in
subsections 6(1) and (2), shall immediately register the appeal.
(2) Where an appeal has been registered the secretary of the
board shall notify the appropriate authority of the appeal and shall
provide to the authority a copy of the appeal and the documentation
related to the appeal.
6
Development Regulations
3/01
AIN
Development
prohibited
Hearing notice and
meetings
(3) Where an authority has been notified of an appeal that
authority shall forward to the appropriate board a copy of the
application being appealed, all correspondence, council minutes, plans
and other relevant information relating to the appeal including the
names and addresses of the applicant and other interested persons of
whom the authority has knowledge.
(4) Upon receipt of the information under subsection (3), the
secretary of the board shall publish in a newspaper circulated in the
area of the appropriate authority, a notice that the appeal has been
registered.
(5) A notice published under subsection (4) shall be published
not fewer than 2 weeks before the date upon which the appeal is to be
heard by the board.
8. (I) Immediately upon notice of the registration of an appeal the
appropriate authority shall ensure that any development upon the
property that is the subject of the appeal ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting
under subsection (1).
(3) Upon receipt of a notification of the registration of an appeal
with respect to an order under section 102 of the Act, an authority shall
not carry out work related to the matter being appealed.
9. (1) A board shall notify the appellant, applicant, authority and
other persons affected by the subject of an appeal of the date, time and
place for the appeal not fewer than 7 days before the date scheduled for
the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its
work in an expeditious manner.
10. (1) A board shall meet at a place within the area under its
jurisdiction and the appellant and other persons notified under
subsection 9(1) or their representative may appear before the board and
make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43
of the Act and these regulations.
a
Hearing of evidence
IN
7
Development Regulations
3/01
Nonce of variance
(3) A written report submitted under subsection 43(2) of the Act
respecting a visit to and viewing of a property shall be considered to
have been provided in the same manner as evidence directly provided
at the hearing of the board.
(4).1n the.conduct.of an .appeal...hearing, the board-is- not bound
by the rules of evidence.
11. A decision of the board must comply with the plan, scheme or
development regulations that apply to the matter that has been appealed
to that board.
12. (1) Where an approval or permit cannot be given by an authority
because a proposed development does not comply with development
standards set out in development regulations, an authority may, in its
discretion, vary the applicable development standards to a maximum of
10% if, in the authority's opinion, compliance with the development
standards would prejudice the proper development of the land, building
or structure in question or would be contrary to public interest.
(2) An authority shall not allow a variance from development
standards set out in development regulations if that variance, when
considered together with other variances made or to be made with
respect to the same land, building or structure, would have a cumulative
effect that is greater than a 10% variance even though the individual
variances are separately no more than 10%.
(3) An authority shall not permit a variance from development
standards where the proposed development would increase the non
conformity of an existing development.
13. Where an authority is to consider a proposed variance, that
authority shall give written notice of the proposed variance from
development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
14. A residential building or structure referred to in paragraph
108(3)(g) of the Act must, where being repaired or rebuilt, be repaired
or rebuilt in accordance with the plan and development regulations
applicable to that building or structure.
15. Where considering a non conforming building, structure or
development under paragraph 108(3)(d) of the Act and before making a
Board decision
-
Variances
Residential non
conformity
S
Notice and hearings
on change of use
8
Development Regulations
3/0l
Non-conformance
with standards
Discontinuance of
non-conformtng use
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.
16. Where a building, structure or development does not meet the
development standards included in development regulations, the
building, structure or development shall not be expanded if the
expansion would increase the non-conformity and an expansion must
comply with the development standards applicable to that building,
structure or development.
17. An authority may make development regulations providing for a
greater period of time than is provided under subsection 108(2) of the
Act with respect to the time by which a discontinued non-conforming
use may resume operation.
18. An authority shall, where designating employees to whom a
power is to be delegated under subsection 109(3) of the Act, make that
designation in writing.
19. These regulations shall be considered to have come into
force on January 1, 2001.
AEI
Delegation of
Powers
Commencement
NMI
(DEarl G. Tucker, Queen's Printer
AEI
alS
9
a
Town of Stephenville
Development Regulations 2014
PART I -- GENERAL REGULATIONS
PART I -- GENERAL REGULATIONS
7.
Compliance with Regulations
No development shall be carried out within the Planning Area except in
accordance with these Regulations.
8.
Permit Required
No person shall carry out any development within the Planning Area except
where otherwise provided in these Regulations unless a permit for the
development has been issued by the Town.
9.
Permit to be Issued
Subject to Regulations 10 and 11, a permit shall be issued for development
within the Planning Area that conforms to the requirements of these Regulations.
10.
Permit not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within
the Planning Area when, in the opinion of the Town, it is premature by reason of
the site lacking adequate road access, power, drainage, sanitary facilities, or
domestic water supply, or being beyond the natural development of the area at
the time of application unless the applicant contracts to pay the full cost of
construction of the services deemed necessary by the Town and such cost shall
attach to and upon the property in respect of which it is imposed.
11.
Discretionary Powers of Town
In considering an application for a permit or for approval in principle to carry out
development, the Town shall take into account the policies expressed in the
Municipal Plan and any further scheme, plan or regulations pursuant thereto, and
shall assess the general appearance of the development of the area, the amenity
of the surroundings, availability of utilities, public safety and convenience, 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.
Furthermore, to ensure that along with fulfilling provincial policies in respect of
development in flood risk zones while at the same ensuring that development is
compatible with and/or similar to nearby development, the Town in its sole
discretion may refuse to issue a permit for a development which is not compatible
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with existing or proposed development in an abutting zone.
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 Schedule E or other Regulation.
12. Variances by Town
(1) See Ministerial Development Regulations, Section 12.
(2) Where an approval or a permit cannot be given by the Town because a
proposed development does not comply with development standards set out
in these Regulations, the Town may, in its discretion, vary the applicable
development standards to a maximum of 10%, if, in the Town's opinion,
compliance with the development standards would prejudice the proper
development of the land, building or structure in question or would be contrary
to the public interest.
(3) The Town shall not allow a variance from development standards set out in
these Regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or
structure, would have a cumulative effect that is greater than a 10% variance
even though the individual variances are separately not greater than 10%.
(4) The Town shall not permit a variance from the development standards where
the proposed development would increase the non conformity of an existing
development.
(5) Public Notice -- When a variance is necessary under this Regulation, the
Town shall, at the expense of the applicant, give written notice to the property
owners in the immediate vicinity of the proposed variance.
13.
Service Levy
(1) The Town may require a developer to pay a service levy where development
is made possible or where the density of potential development is increased,
or where the value of property is enhanced by the carrying out of public works
either on or off the site of the development.
(2) A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Town of constructing or improving the public works referred to
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in Regulation 13(1) that are necessary for the real property to be developed in
accordance with the standards required by the Town and for uses that are
permitted on that real property.
(3) A service levy shall be assessed on the real property based on:
a) the amount of real property benefited by the public works related to all the
real property so benefited; and,
b) the density of development made capable or increased by the public work.
(4) The Town may require a service levy to be paid by the owner of the real
property at:
a) the time the levy is imposed;
b) the time development of the real property commences;
c) the time development of the real property is completed; or,
d) such other time as the Town may decide.
14.
Financial Guarantees by Developer
(1) The Town may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may be
required to guarantee the payment of service levies, ensure site
reinstatement, and to enforce the carrying out of any other condition attached
to a permit or licence.
(2) The financial provisions pursuant to Regulation 14(1) may be made in the
form of:
a) a cash deposit from the developer, to be held by the Town, or;
b) a guarantee by a bank, or other institution acceptable to the Town, for
expenditures by the developer, or;
c) a performance bond provided by an insurance company or a bank, or;
d) an annual contribution to a sinking fund held by the Town.
(3) Financial Guarantees -- Mineral Workings
a) Unless otherwise determined by the Town after consultation with the
Department of Natural Resources, the developer shall provide a financial
guarantee in the form of a performance bond or unconditional and
irrevocable letter of credit or other form acceptable to the Town for an
amount to cover the cost of restoring or landscaping the site after the
quarry operations have ended or the site is abandoned by the applicant.
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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 and the Department of Natural Resources.
15.
Dedication of Land for 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 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 public use will not
include land that the Town requires to be set aside for storm water management,
roads, public services, public utilities and/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.
(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.
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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
Applications properly submitted in accordance with these Regulations which have
not been determined by the Town and on which a decision has not been com-
municated to the applicant within eight weeks of the receipt thereof by the Town,
and on which consideration has not been deferred shall be deemed to be refu-
sed.
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.
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
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PART I -- GENERAL REGULATIONS
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.
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,
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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 in writing.
24.
Notice of Application
When a change in nonconforming use is to be considered (see also Ministerial
Regulations), or when the development proposed is listed as a discretionary use
in Schedule C of the Regulations or is otherwise at the discretion of the Town,
the Town shall, at the expense of the applicant, or at its own expense if
necessary, give notice of an application for a permit or for approval in principle or
proposal, by public advertisement in a newspaper circulating in the area or by
any other means deemed necessary at least seven days prior to making a
decision on the application or proposal.
When a variance is necessary under Regulation 12 (see also Ministerial
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 at least
seven days prior to making a decision on making the application.
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.
27.
Stop Work Order and Prosecution
(1) Where a person begins a development contrary or apparently contrary to
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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
This Regulation is a slightly reformatted copy of Sections 5 to 11 of
Newfoundland Regulation 3/01 - Development Regulations under the Urban and
Rural Planning Act. Note that the word 'authority' under this Regulation means
the same as 'Town' used elsewhere in these Development Regulations'.
"Notice of Right to Appeal
5. Where an authority makes a decision that may be appealed under section 42 of the
Act, that authority shall, in writing, at the time of making that decision, notify the person
to whom the decision applies of the
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6. (1) The secretary of the board at the Department of Municipal and Provincial Affairs,
Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, Nfld., A1B
4J6 is the secretary to all boards in the province and an appeal filed with that secretary
within the time period referred to in subsection 42(4) of the Act shall be considered to
have been filed with the appropriate board.
(2) Notwithstanding subsection (1), where the City of Corner Brook, City of Mount
Pearl or City of St. John's appoints an appeal board under subsection 40(2) of the Act,
an appeal shall be filed with the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to the board that hears
the decision being appealed by filing it with the secretary referred to in subsection (1) or
(2) within the 14 days referred to in subsection 42(4) of the Act.
(4) The board that hears the decision being appealed shall, subject to subsection
44(3) of the Act, retain the fee paid to the board.
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(5) Where an appeal of a decision and the required fee is not received by a board
in accordance with this section and Part VI of the Act, the right to appeal that decision
shall be considered to have been forfeited.
Appeal registration
7. (1) Upon receipt of an appeal and fee as required under the Act and these
regulations, the secretary of the board as referred to in subsections 6(1) and (2), shall
immediately register the appeal.
(2) Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the
appeal and the documentation related to the appeal.
(3) Where an authority has been notified of an appeal that authority shall forward to
the appropriate board a copy of the application being appealed, all correspondence,
council minutes, plans and other relevant information relating to the appeal including the
names and addresses of the applicant and other interested persons of whom the
authority has knowledge.
(4) Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate authority, a notice
that the appeal has been registered.
(5) A notice published under subsection (4) shall be published not fewer than 2
weeks before the date upon which the appeal is to be heard by the board.
Development prohibited
8. (1) Immediately upon notice of the registration of an appeal the appropriate authority
shall ensure that any development upon the property that is the subject of the appeal
ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting under subsection
(3) Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, an authority shall not carry out work related to the
matter being appealed.
Hearing notice and meetings
9. (1) A board shall notify the appellant, applicant, authority and other persons affected
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by the subject of an appeal of the date, time and place for the appeal not fewer than 7
days before the date scheduled for the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its work in an expeditious
manner.
Hearing of evidence
10. (1) A board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under subsection 9(1) or their representative may
appear before the board and make representations with respect to the matter being
appealed.
(2) A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3) A written report submitted under subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be considered to have been provided in the same
manner as evidence directly provided at the hearing of the board.
(4) In the conduct of an appeal hearing, the board is not bound by the rules of
evidence.
Board decision
11. A decision of the board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board."
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29. Access Ramps and Decks
(1) An access ramp for a wheel chair, may, at the discretion of the Town after
consultation with abutting property owners, be erected in a minimum front,
rear or side yard if there is no alternative means of providing the access ramp
and it does not create a safety hazard or block sight lines.
(2) An open or partially enclosed deck attached to, or free standing, of the
dwelling or accessory building shall not extend into the minimum permissible
front and side yards and flanking road setback and shall not be closer to the
rear lot line than 1.5 metres except where the deck is not more than 500
millimetres above grade, in which case the deck may be extended to the rear
lot line..
(3) A screen or fence on a deck shall not exceed the maximum allowable height
of a fence permitted under the Town's regulations pertaining to fences.
(4) An access ramp or open deck is not deemed to be part of the building when
calculating lot coverage under Schedule C.
30. Access to Adjoining Properties
(1) In order facilitate the development of the Town and improved access
throughout the Planning Area, 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.
31. Accesses and Service Streets
(1) Access shall be located to the specification of the Town so as to ensure the
greatest possible convenience and safety of the street system and the Town
may prescribe the construction of service streets to reduce the number of
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accesses to collector and arterial streets.
(2) No vehicular access shall be closer than 10 metres to the street line of any
street intersection.
32. Accessory Buildings -- Dwellings
Except as otherwise specified under Schedule C dwelling accessory buildings
shall conform to the requirements set out below.
(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.
No utility trailer, trailer, vehicle, shipping container 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% of the lot area.
(5) Maximum Height -- The maximum height of an accessory building shall not
exceed 6 metres.
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(6) Minimum Side Yard -- The minimum side yard for an accessory building is 2
metres except on a flanking road in corner lot.
(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 is 2
metres.
(9) Minimum Separation Distance from Dwelling -- The minimum distance
between a dwelling and an accessory building shall be 3 metres.
33. 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 32.
(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.
(3) Utility Trailer, Etc. -- No utility trailer, trailer, vehicle, shipping container 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 2 metres, 5 metres where it abuts a residential use. 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
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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.
(9) Maximum Height -- The maximum height of an accessory building shall be 6
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. In no instance shall the accessory
building have a height greater than the principal building.
34. 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, recreational facility, museum, marina, or hotel
(`commercial -- residential' under Schedule B);
b) vehicle repair facilities within a shop, such as a major retail outlet, or
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 farm dwelling,
caretaker's dwelling or dwelling unit;
g) a residence associated with an educational or medical facility;
h) a solar panel, satellite dish or similar device attached to a building.
These accessory uses shall be clearly subsidiary to and controlled so as to be
compatible with the primary use and the use of nearby properties.
35. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part
III of these Regulations.
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36.
Agriculture and Livestock
(1)
Agricultural uses are regulated by the Town and the Provincial
Government, subject to the Farm Practices Act, the Environmental, Farm
Practices Guidelines for Livestock and Poultry Producers in Newfoundland
and Labrador, Environmental Guidelines for Poultry Producers in
Newfoundland and Labrador and other relevant policies and legislation.
Agricultural uses shall be approved by both the Agrifoods Development
Branch, the Town, together with other appropriate agencies.
(2)
Except for infill development any residential development within 600
metres of structure containing more than five or more animal units,
including five horses, must be referred to the Agrifoods Development
Branch for a recommendation. The Town shall not issue a permit contrary
to the recommendation.
(3)
Any livestock structure (barn) containing five or more animal units must be
located at least 600 metres from a non-farm dwelling, unless otherwise
determined after referral to, and upon recommendation of, the Agrifoods
Development Branch. The structure shall be at least 60 metres from the
boundary of the property on which it is to be erected and shall be at least
90 metres from the centre line of a street. The erection of the structure
shall be approved by the Agrifoods Development Branch before a permit
is issued by the Town.
(4)
Large livestock, such as horses and cattle and smaller livestock, such as
goats, ducks or chickens, whether or not these are viewed as pets, are
classed as livestock, an agricultural use that falls within the agricultural
use class. See also Schedule A -- Definitions -- Livestock.
37.
Airport Compatibility
The Town may refuse any development if in its opinion and after consulting the
Stephenville Airport Authority and/or Transport Canada, the development could
infringe on the safety or operation of the Airport. In particular, the Town shall not
permit any residential development at or above NEF 35.
38.
Appropriate Residential Uses
Unless otherwise set out under a Zone in Schedule C, in a residential zone, that
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is, a zone which contains in its title the word 'Residential', no uses of the land
shall be permitted which are not appropriate to the residential character of the
Zone, and thus no person shall:
a)
repair or scrap vehicles or other equipment unless
i)
the activity is carried out in a wholly enclosed accessory building,
ii)
the vehicle or other equipment is owned by a resident of the
dwelling, and
iii)
this activity is not or cannot be deemed a commercial activity or
use;
b)
unless otherwise permitted, keep livestock on the property;
c)
keep any one of the following types of entities on a property
i)
a bus, school bus, other than a van type bus
ii)
the trailer or low-bed of a tractor-trailer combination
iii)
a double-axle truck of any type, except for the tractor of a tractor-
trailer
iv)
large construction equipment
(v)
a shipping container.
39. Archaeological and Heritage Resources
Within the boundaries of the municipal planning area for the Town of Stephenville
there is an aircraft wreck which is located at 391999E//5384163N (NAD 1927).
The AOA Crash Site (DdBo-02) consists of the remains of the 1946 American
Overseas Airline (AOA) and is protected under the Historic Resources Act.
There is also a registered palaeontological site located at Blanche Brook which is
protected due to the presence of a well-preserved tree and other plant fossils.
The location of the site is as follows:
Beginning at a point on Blanche Brook, Stephenville, where Route 460
crosses Blanche Brook, that point having coordinates of north 5,379,970
metres and east 383,290 metres, Zone 21, North American Datum 1983;
- Then running in a northerly direction along the river for a distance of
3,360 metres, more or less, to a point in the centre of Blanche Brook,
that point having coordinates north 5,382,250 metres, and east 383,177
metres, Zone 21, North American Datum 1983; - And including the area
within 50 metres of the centre of Blanche Brook.
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Historic Resources are protected under the Historic Resources Act, RSNL. 1990
CHAPTER H-4. In the event that such resources are discovered within the Town
and Planning Area all work must cease in the area and contact made
immediately with the Provincial Archaeology Office (PAO) of the Department of
Business, Tourism, Culture and Rural Development at 729-2462 or 729-4142.
The PAO shall be consulted on any proposed major development and approval
obtained from the PAO before an approval is granted by the Town. This is to
ensure that historic resources will not be negatively impacted upon.
The Town may from time to time designate heritage sites and areas under the
Municipalities Act.
40. Bed and Breakfast, Boarding House
The following conditions shall apply to a Bed and Breakfast and/or Boarding
House operation:
a) the proposed building has an exterior design and landscaping which is
sensitive to the residential character of the surrounding area and respects the
appearance, scale and density of adjacent dwellings and properties;
b) the property and building meets the requirements for a single dwelling under
Schedule C;
c) the parking area is suitably screened from adjacent residences;
d) minimum frontage -- see Schedule C;
e) minimum lot area and frontage -- see Schedule C;
f) signage is consistent with a residential neighbourhood, not more than one
and not to exceed 2,800 square centimetres;
g) no change in the type, class or extent of the use shall be permitted except in
accordance with a permit issued by the Town;
h) the establishment is licensed under the Tourist Establishment Regulations.
41.
Building Line and Setback, Complementary Building Setbacks
(1) The Town, by resolution, may establish building lines on an existing or
proposed street and may require any new buildings to be located on those
building lines, whether or not such building lines conform to the standards set
out in the tables under Schedule C of these Regulations.
(2) The building line setback is measured from the property line along a road.
(3) Notwithstanding the minimum front, side and rear yard requirements set out
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under Schedule C, The Town, may allow development to complement or be
similar to the yards of adjoining properties by altering the yard requirements
after notification is given to neighbouring property owners in accordance with
Regulation 24 of these Regulations.
42. Building Near Highways Regulations -- Highways 460 and 490
No development is allowed within 20 metres of the centre-lines of Highways 460
and 490 unless permission is obtained from the Department of Transportation
and Works. Access to any Provincial Highway must be approved by the
Department of Transportation and Works before a permit is issued by the Town.
43. Building Near Highways Regulations -- Highway 460-11 -- Cold Brook Road
No development is allowed within 15 metres of the centre-line of Highway 460-11
unless permission is obtained from the Department of Transportation and Works.
Access to any Provincial Highway must be approved by the Department of
Transportation and Works before a permit is issued by the Town.
44.
Buildings on a Lot
(1)
Except for single dwellings, mobile homes and mini-homes, 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 a lot where it forms part of a Comprehensive
Development under Regulation 46.
(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.
45. Coastline and Harbour Areas
In order to protect lives and property and the natural environment, the Town shall
review development proposals for sites adjacent or near the marine coast line
and harbours to ensure that unless it is a use requiring direct access to the body
of water and/or is a temporary or minor structure:
a) it is not likely to be damaged by a storm;
b) it is not a vulnerable or critical use, that is, a multi-unit residential use, a
use catering to persons with disabilities or other special needs, and/or a
use related to emergency services (example -- a fire station or emergency
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command centre, emergency shelter or other facility) -- uses which if
damaged or destroyed, could cause injury or loss of life and/or make it
more difficult to respond to an emergency
New development may not be permitted at or below the 4 metre elevation unless
it can be demonstrated to the satisfaction of the Town and other relevant
authorities that the risk is low and/or that the development can withstand the
damage that could be incurred by a flood or storm event. However existing
conforming uses may be allowed to expand.
The Town in its discretion may refuse to issue a permit for a development that
could be affected by a storm event based upon previous events, local knowledge
and/or research carried out in respect of climate change.
46. Comprehensive Development
The Town may in its discretion permit a large scale private or public
comprehensive development that except for overall density and land uses 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 publicly owned and
maintained road and the development is connected to municipal water and
sewer services;
d) the development is compatible with adjacent development;
e) there are at least two (2) developments within the comprehensive
development.
f) the property is situated within the municipal boundary as opposed to being
outside the municipal boundary, 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.
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47. Coordination of Development/Comprehensive Plan
In order to ensure that development occurs in an orderly manner and that
appropriate development opportunities are maximized, subdivisions and other
major developments shall be co-ordinated with other existing and proposed
developments and the Planning Area's road system and services. If deemed
necessary by the Town these developments shall be required to provide for
public access to adjacent undeveloped lands.
Furthermore, the Town may require that a comprehensive plan of development
for an entire area be prepared and adopted before any development is permitted
for any portion of that area.
The approval of the Comprehensive Plan will not constitute an Approval in
Principle under the Town's Development Regulations. However, if the Town and
the relevant agencies are satisfied with the plan, the developer can then apply for
subdivision approval, approval in principle and development permits.
Prepared by a competent professional and in a format acceptable to the Town
the Comprehensive Plan shall include at the minimum:
a)
Road and Services
b)
Land Use
c)
Lotting
d)
Historic Resources and Trails
e)
Waterways and Wetlands
f)
And other matters deemed necessary by the Town.
48. Forestry and Trees
Forestry development, including timber cutting, is subject to the approval of the
Forestry and Agrifoods Agency and the Town.
Trees in subdivisions and on individual properties shall be retained or replaced
wherever possible, and in order ensure that this occurs, the Town may require
that a landscaping and site grading plan is submitted for any new development
that entails the development of the entire site or significant portion thereof.
49. Groundwater Supply Assessment -- New and Existing Subdivisions
The approval of new unserviced subdivisions or the addition of unserviced lots to
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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.
50.
Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may be
waived in the case of communication masts and antennae, flagpoles, water
towers, windmills, wind turbines, 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 24.
51. Home Business
A Home Business is subject to the following conditions:
a)
the use is clearly subsidiary to the residential use and does not detract
from the residential character of the neighbourhood;
b)
the floor area of the Home Business does not exceed 25 percent of the
total floor area of the dwelling or 45 square metres, whichever is less;
c)
no outdoor activities or storage associated with the use occurs;
d)
activities associated with the use are not hazardous and do not cause
significant noise, odour, dust, fumes, traffic or inconvenience and are not a
nuisance to the occupants of adjacent dwellings;
e)
no wholesale sales or storage of goods is carried out; any retail sales are
incidental and subsidiary to the approved use; and that no repairs to
vehicles or heavy equipment are carried out;
f)
the minimum required floor area of the dwelling unit shall continue to be
met;
g)
the parking requirements of Schedule D are met;
h)
changes in the nature or extent of the Home Business shall be approved
by the Town.
52. Home Office
A Home Office is subject to the following conditions:
a)
the use is entirely enclosed within the dwelling and the use does not alter
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the appearance of the dwelling;
b)
it is operated by a resident of the dwelling, and no employees who are not
residents of the dwelling shall be permitted;
c)
the floor area of the Home Office does not exceed 20 square metres;
d)
there is no signage or other external evidence of the Home Office,
including external storage;
e)
activities associated with the use are not hazardous and do not cause
significant noise, odour, dust, fumes, traffic or inconvenience and are not a
nuisance to the occupants of adjacent dwellings;
f)
no wholesale or retail sale of goods is permitted; and
g)
changes in the extent or nature of the Home Office shall be approved by
of the Town.
53.
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.
54. 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 allowing residential uses, with insufficient frontage or
area to permit the owner or purchaser of such a lot or lots to comply with the
provisions of these Regulations, then these Regulations shall not prevent the
issuing of a permit by the Town for the erection of a dwelling thereon, provided
that the lot coverage and height are not greater than, and the yards and floor
area are not less than the standards set out in these Regulations.
55.
Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C, no
residential or commercial building shall be erected unless the lot on which it is
situated fronts directly onto a publicly owned and maintained street or forms part
of a Comprehensive Development.
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56.
Mineral Exploration
(1) Subject to the provisions of the Mineral Act and the Regulations issued
pursuant thereto no permit shall be issued by the Town for mineral
exploration until the necessary permits and approvals have been obtained,
where required, from the Departments of Natural Resources, Service
Newfoundland and Labrador, and Environment and Conservation, together
with any other relevant Provincial agencies.
(2) Subject to the other provisions of the Development Regulations, mineral
exploration which is not classed as development by virtue of appreciable
ground disturbance, construction of access roads, noise, odour and
appearance can be permitted anywhere in the Planning Area, provided that
adequate notification is provided to the Town.
(3) Mineral exploration which is classed as development can or may be permitted
in certain zones provided that adequate provision is made for buffering/and or
other mitigations of impacts of existing or future urban residential,
commercial, industrial, institutional and recreational areas and provided that
all necessary approvals are obtained.
(4) Higher impact mineral exploration classed as development shall be subject to
conditions that control noise, appearance, duration of the drilling or
excavating program and the control of other impacts that may arise. The
precise nature of these controls will depend upon the location of the mineral
exploration in respect to built-up and environmentally sensitive areas, such as
watersheds, waterways and wetlands.
(5) Where there is to be ground disturbance, the developer shall provide a site
restoration surety and/or other satisfactory guarantees of site landscaping.
57.
Mineral Workings and Quarries
Along with a permit from the Town, any mineral working and quarry, is subject to
a permit or lease from the Department of Natural Resources pursuant to the
Quarry Materials Act and other relevant legislation.
Where the quarrying is occurring as a result of a site development, the Town
shall send a copy of the permit to the Department of Natural Resources.
Where there is a conflict between these Regulations and the Quarry Materials
Act, the Quarry Materials Act shall prevail.
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Where there is a lawful mineral working or quarry which entails blasting or other
activity, and residential development is allowed to intrude upon the minimum
buffers set out for the operation, this shall not cause the operation to cease or
otherwise change the nature of the activity on the site.
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, for the removal of quarry materials and the
Town. A copy of the Town's permit must be forwarded to the Department of
Natural Resources.
(2) A site development quarry under this Regulation 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, if the Town feels that it is warranted, the permit may be renewed for
additional one-year periods up to a maximum of three years from the date of
the issuance of the first permit.
(4) When the work is completed, the area affected shall be suitably landscaped
and drained in accordance with a plan approved by the Town.
(5) If the site work is extensive, the Town may require the deposit of surety in
accordance with Regulation 14(3) that shall be returned to the developer
upon satisfactory completion of the work.
Mineral Working
A Mineral Working not associated with another development shall meet the
separation distances conditions set out below, together with such other
conditions pertaining to screening, water pollution, erosion control etc. as the
Department of Natural Resources and the Town shall deem satisfactory.
Unless the Town is satisfied that the 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.
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Minimum Buffer Distance
of Pit or Quarry Working
Explosive blasting and residential development
1,000 metres
Existing or Proposed Residential Development
during life of pit or quarry -- no blasting
300 metres
Any other development area, or area
likely to be developed during the
life of the pit or quarry working
150 metres
Public highway or street
50 metres
Protected Road
90 metres
Waterbody or watercourse
50 metres
Access Roads
No quarry may be developed where the access road passes through a residential
neighbourhood.
During extended periods of shutdown, access roads to a mineral working shall be
ditched or barred to the satisfaction of the Town and the Department of Natural
Resources.
Stockpiling Cover Material
All stumps, organic material and topsoil, including the rusty coloured and iron
stained layer, shall be stripped and stockpiled at least 5 metres from uncleared
areas and 10 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..
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
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or vibration, or by reason of the emission of fumes, dust, dirt, objectionable
odour, or by reason of unsightly storage of materials.
All permanent or temporary buildings, plants and structures associated with
processing and manufacturing will be located so as not to interfere with the
present or future extraction of aggregate resources.
The Town may specify a minimum separation distance between the 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.
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 20 percent or
to the slope conforming to that existing prior to the mineral working;
c)
Topsoil and many 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.
If the mineral working contains reserve of material sufficient to support further
extraction operations, the Town may require the work described above to the
carried out only in areas of the site where extraction has depleted aggregate
reserves.
Buffers
No cutting of timber or mineral working will occur within 50 m of any tributary of
any body of water.
Extraction & Rehabilitation Plan
As a condition of approval the Town may require the developer:
a)
to submit for the consideration and approval of the Town a Mineral
Working Development Plan for the proposed Mineral Working use which
shall include a site plan showing the location of physical site features and
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extraction and processing features; and
b)
to submit for the consideration and approval of the Town a Mineral
Working Reclamation Plan for the proposed mineral working use which
shall explain, illustrate and show to the satisfaction of the Town a plan for
restoration of the site which includes final ground contours, slopes, depth
of topsoil, and vegetation and a phasing plan if necessary in the form of a
grading and landscape plan or plans.
Nothing in this Regulation shall prevent the Town from accepting a development
or reclamation plan, or similar plan submitted to the Department of Natural
Resources under a provision of the Quarry Materials Act 1998.
Permit Fee
In consultation with the Department of Natural Resources, the development
permit fee for a mineral working shall be determined by the Town in an amount
sufficient to cover the review of any required Development and Reclamation
Plans by a professional engineer, ongoing inspection of the site for conformity
with any required Plans and with the conditions of the development permit, and
inspection of the site to determine acceptable reclamation, and, where applic-
able, for purposes of return or cancellation of the financial guarantee required
under this Regulation.
58. Non-Conforming Uses
(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 Town shall, in accordance with regulations
made under this Act, allow a development or use of land to continue in a
manner that does not conform with a regulation, scheme, or plan that applies
to that land provided that the non-conforming use legally existed before the
registration under Section 24 of the (Urban and Rural Planning Act) Act of the
plan, scheme or regulations made with respect to that kind of development or
use.
(3) 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:
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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 (Urban and Rural Planning Act) Act that is
allowed to continue under subsection (2):
a) shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Town;
b) shall not be structurally modified except as required for the safety of the
building, structure or development;
c) shall not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, structure or
development has been destroyed;
d) may have the existing use for that building, structure or development
varied by the Town to a use that is, in their opinion more compatible with a
plan and regulations applicable to it;
e) may have the existing building extended by the Town where, in its opinion
that extension is not more than 50% of the existing building;
f) where the non-conformance is with respect to the standards included in
development regulations, the building, structure or development shall not
be expanded if the expansion would increase the non-conformity -- and an
expansion must comply with the development standards applicable to that
building, structure or development;
g) where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with the appropriate plan and regulations,
be repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed; and
h) a residential building or structure referred to in the above paragraph must,
where being repaired or rebuilt, be repaired or rebuilt in accordance with
the plan and development regulations applicable to that building or
structure.
(5) 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-
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conforming building, structure or development and shall consider any
representations or submissions received in response to that advertisement.
59.
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.
60.
Offstreet Loading and Parking Requirements
See Schedule D.
61.
Pending Protected Public Water Supply Area Overlay
The Pending Protected Water Supply Area Overlay is applied to an area currently
under review by the Provincial Government as a future long term protected public
water supply area for Stephenville and Kippens which would supplant the wells
currently being used. Notwithstanding the underlying or primary zones, within the
Pending Protected Public Water Supply Area Overlay as indicated on the Land
Use Zoning Maps all development must be reviewed and approved by the
Department of Environment and Conservation before a permit issued by the
Town.
Except for accessory buildings and extensions to existing uses, the Town shall
refer every application for development to the Department of Environment and
Conservation for approval until such time as the Town of Stephenville has
secured an approved alternative source of water.
After the necessary reviews, the Town shall or may may approve any use
permitted in the Zones that lie within the Pending Protected Water Supply
Overlay.
62.
Protected Roads
Highway 490, from the Planning Area Boundary at Stephenville Crossing to the
Minnesota Drive intersection is a Protected Road.
Outside the Town of Stephenville Municipal Boundary, but inside the Planning
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Area Boundary any development within 150 metres of Highway 490 from the
Town of Stephenville Boundary to Stephenville Crossing must be jointly approved
by the Department of Government Services and Lands and the Town of
Stephenville.
Within the Town of Stephenville Municipal Boundary, any development within 100
metres of the centre-line of Highway 490 must be approved by both the
Department of Government Services and the Town of Stephenville.
63.
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.
64. Road Access -- Kippens Gaudon's Brook, Highways 460-490
The proposed connector road to Kippens coming off Hillier Road and crossing
Gaudon's Brook at the transmission line, and, the proposed connector road
joining Highway 460 and Highway 490 in the vicinity of the west of Long Gull
Pond as indicated on a land use zoning map are protected from developments
which may negatively affect the future development of these roads..
The exact location and design of these roads is subject to final design.
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Any development near these proposed roads is to be reviewed by the
Department of Transportation and Works and other appropriate agencies before
an approval is granted by the Town.
65. Scrapyard and Solid Waste
A scrap yard and solid waste storage or disposal facility shall only be permitted
subject to the following conditions:
1)
Separation from Adjacent Uses
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:
Existing or proposed Residential Development
300 metres
Any other developed area or area likely to
be developed during the life of the
scrap yard or solid waste use
150 metres
Public highway or street
50 metres
Protected Road
90 metres
Body of water or watercourse
50 metres
2)
Screening
A scrap yard or solid waste storage or disposal site shall be screened in
the following manner where it is visible from a public street or highway,
developed area, or area likely to be developed during the life of the use:
a)
Where tree screens exist between the use and adjacent public
highways and streets or other land uses (excepting forestry and
agriculture), 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
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ION
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 2(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 use 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 a solid
waste storage or disposal site and adjacent public highways and
streets or other land use (excepting forestry and agriculture),
additional screening may not be required.
d)
Where effective screening for any scrap yard or solid waste
disposal or storage use cannot be installed or located as required in
a) - c) above, or where the site is highly visible from a distance, the
Town may refuse to permit the use or associated activity.
3)
Fencing
The Town may require a scrap yard or solid waste storage or disposal site
to be enclosed by a fence designed and constructed to its specifications
and no less than 1.8 metres in height.
66.
Screening and Landscaping
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, and, in the case of existing unsightly development, the Town may
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.
67.
Site Development
When reviewing a development proposal, including roads, the Town shall
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consider the suitability of a site in terms of steepness of slopes, soils and
geology, potential for coast-line erosion, location of waterways and wetlands
along with other matters and shall, when considering approval, ensure, to the
best of its ability, that the development has minimal or no negative effects on
other properties and bodies of water or that the development itself will not be
negatively affected.
If the Town is of the opinion that development of a site may create negative
impacts on nearby properties and water bodies, and/or raises concerns about
short or long term the safety of the development itself, the Town can require the
submission of a review of the development proposal by a certified engineer,
geoscientist, landscape architect or similar professional.
68. Site Development -- Fill and Landscaping Permit Requirements
(1) A permit shall not be required for ordinary landscaping of a property or the
creation of a garden and similar activity unless such activity is likely to affect
adjacent properties or a water body.
(2) A permit shall be obtained from the Town before any filling-in or excavation of
land takes place. This permit may be the same as the one obtained for the
construction of a dwelling or other use.
(3) Where such filling-in or excavation can affect the buffer of water body or the
water body, then a permit shall also be obtained from the Department of
Environment and Conservation, and where applicable, the Department of
Transportation Canada (Navigable Waters Act).
(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.
69. Site Development -- Slope Greater than 15 Percent or 20 Percent
(1) Before approving development of a site having a slope greater than 15
percent up to 20 percent, the Town may require the submission of a review of
the development proposal by a certified planner, engineer, landscape
architect or similar professional. The review shall evaluate the adequacy of
site grading, drainage and landscaping and storm water management and the
potential of the development to cause erosion onto and pollution of adjacent
development and lands and bodies of water receiving run-off from the site,
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and other similar matters.
(2) No development shall be permitted on a slope greater 20 percent unless it is
a public or private recreational use or public service or utility.
70. Street Construction Standards
A new street may not be constructed except in accordance with and to the design
and specifications laid down by the Town and/or the Department of
Transportation and Works.
71. Subsidiary Apartment
A subsidiary apartment can be permitted in a single dwelling and a double
dwelling, and for the purposes of calculating lot area and yard requirements, shall
be considered part of the single dwelling or double dwelling. One subsidiary
apartment can be permitted in a single dwelling or double dwelling provided that:
a) the apartment has not more than two bedrooms;
b) the floor area of the apartment does not exceed 75% of the floor area of
the main dwelling;
c) there is at least two parking spaces for the apartment;
d) the main dwelling meets all of the requirements of the Zone in which it is
located, including parking;
e) the subsidiary apartment does not adversely affect the residential
amenities or character of the area;.
f) the Town is satisfied that water, sewer, storm drainage and streets are of
adequate capacity to accommodate a subsidiary apartment.
72.
Tourist Cabins
Tourist Cabins fall within the Commercial Residential Use Class of Schedule B
and are situated within a Tourist Cabin Establishment as defined in Schedule A --
Definitions.
Unless it is included within a commercial-residential development that contains
other tourist accommodation and catering facilities, such as a hotel or motel, and
is therefore subject to the applicable zone requirements for commercial-
residential development, tourist cabins are subject to the following conditions:
(a)
the development is compatible with other developments in the area;
(b)
minimum lot area is 5,000 square metres for a tourist cabin establishment;
(c)
minimum floor area per tourist cabin is 45 square metres;
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(d)
minimum building line setback, side yard and rear yard are the same as
that for single dwellings in the Residential Medium Density 2 Zone
whether or not the cabins access off a private lane or road;
(e)
adequate separation is provided between the tourist cabins and
associated facilities and dwellings situated on nearby properties;
73.
Trails and T'Railway Provincial Park
Well known, historical and/or traditional and/or designated trails such as the
Walk-a-Ways Parks and Trails, the T'Railway and the Appalachian Trail are
protected from non-compatible development.
Wherever feasible 15 metre wide buffers measured from the centre-line of trails
to create a corridor 30 metres wide are established along trails to protect the trail
system and to protect nearby residents.
Within a trail buffer only the uses allowed under Regulation 75 can be permitted
unless the Town the has determined that certain permitted and discretionary
uses of the zone in which the Corridor is located can or may be permitted without
detriment to the Trail.
T'Railway Provincial Park -- The T'Railway Provincial Park falls within the
jurisdiction of the Parks and Natural Areas Division. Any development affecting
the T'Railway, such as a culvert or an access must be approved by the Parks
and Natural Areas Division before approval is granted by the Town.
74.
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.
75.
Uses Allowed 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 including recreational trails, roads, accesses
and driveways can be allowed in all zones subject to the necessary reviews and
compliance with these Regulations and the Municipal Plan.
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76.
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 Division of the Department of Natural Resources and Transport Canada.
The design and location of such facilities shall take into consideration their
impact on nearby land uses and persons, scenery, cultural landscapes, the
environment and archaeological resources within the Town, along with other
matters that the Town may deem to be significant.
Wind driven energy systems are restricted to rural areas, but solar and geo-
thermal based energy and other low impact systems can be treated as accessory
uses.
To prevent damage to persons and properties due to the failure of a windmill or
any of its components or the shedding of ice, the Town shall ensure that there is
adequate separation distance between the windmill and nearby structures and
properties.
Unless specifically exempted by the relevant agencies, the design, construction
and location of a utility shall be certified by a professional engineer who has
consulted with the required agencies.
77.
Waterways and Wetlands
(1) Development within waterways and wetlands and their 15 metre 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. 91-1 -- Policy for Infilling Bodies of Water, W.R. 96-1 -- Policy
for Flood Plain Management, W.R. 97-1, Development in Shorewater Zones
and 97-2, Development in Wetlands. Where there is a conflict between the
Policy Directives and this Regulation, the more restrictive standards shall
apply.
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(2) The minimum width of a buffer along a waterway or wetland shall be 15
metres from the highwater mark, or flood zone, of the water body or wetland.
(3) However, where land adjacent a waterway or wetland is zoned Environmental
Protection, then the buffer shall be the Environmental Protection Zone or the
minimum buffer under Clause (2) of this Regulation, whichever is greater.
(4) Unless it is within the Floodway Fringe or Climate Change Flood Zone (see
Schedule C -- Designated Floodway, Floodway Fringe and Climate Change
Flood Zones and Schedule E -- Policy For Floodplain Management), subject
to the approval of the Department of Environment and Conservation where
appropriate, and the Town, the only uses that can be permitted in the buffer
area of a waterway are fences, roads, driveways, public services, 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.
(5) Development, and this includes culverts, bridges, infilling, dredging, stream
diversions, debris removal, development (infilling, draining, etc.) of a wetland
or a waterway is subject to the approval of the Town, the Provincial
Government where necessary, and where necessary, the Government of
Canada.
(6) The Town or the Provincial Government may subject development within the
buffer area of a water body or wetland to an environmental review, and may
approve, approve subject to conditions, or refuse such development. The
matter of adequate and usable legal public access to the waterway shall be a
consideration in the review of an application for a structure within a buffer
and/or waterway.
(7) Any development within a body of water or involving the alteration of a body
of water must be approved by or exempted by the Department of
Environment and Conservation for Crown Lands and referrals Department of
Transportation Canada -- Navigable Waters Act, Fish Habitat Division of the
Department of Fisheries and Oceans and/or, the Water Resources Division of
the Department of Environment and Conservation before a permit is issued
by the Town.
Development within a buffer is subject to the approval of the Water
Resources Management Division of the Department of Environment and
Conservation, Department of Fisheries and Oceans Canada and where
applicable, the Government Service Centre of the Department of
Government Services.
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(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 necessary)
as well as the Town whether or not that wetland is zoned Environmental
Protection under the Development Regulations.
(10)
If a waterway or wetland is deemed to be minor, wherever possible such
waterways and wetlands shall remain undeveloped and protected by a buffer.
If a site is to be developed, alternatives to covering over or eliminating such
waterways and wetlands shall be explored, including relocation of the
waterway or wetland and/or redesign of the development.
a)
A minor waterway is defined as being a drainage course, an
intermittent stream which does not carry significant storm flows
and/or a stream which is not a fish habitat.
b)
A minor wetland is defined as a wetland less than 5,000 square
metres in area not associated with a waterway and not deemed
have a role in water management, wildlife habitat or the
conservation of an environmentally sensitive area.
78.
Well Field Protection Area Private Overlay
The Well Field Protection Area Private Overlay overlays other Zones.
Development within this Zone is subject to review and approval of the
Groundwater Section of the Department of Environment and Conservation along
with the Town and other relevant agencies and stakeholders.
No development or other activity shall be permitted within 150 metres of the well
head, except for maintenance and operation of the water supply system.
In addition to the foregoing, development is subject to the requirements of the
underlying Zones.
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PART III -- ADVERTISEMENTS
PART III -- ADVERTISEMENTS
79. 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.
(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
Except where an advertisement is deemed to fall under one of the
categories described under Clause (6) of this Regulation, an
advertisement presently not in compliance with the Regulations shall be
removed or brought into compliance within one year of the date of written
notification by the Town.
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(6)
Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Town may
require the removal of any advertisement which, in its opinion, is:
a) hazardous to road traffic by reason of its siting, colour, illumination,
maintenance or structural condition, or;
b) detrimental to the amenities of the surrounding area.
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
(7)
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PART III -- ADVERTISEMENTS
approve, approve with conditions, or refuse to approve the sign or
advertisement.
80. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area
without application to the Town:
a) a posting of a candidate in a federal, provincial or municipal election or a
regional school board election;
b) a temporary sign relating to federal, provincial or municipal public works;
c) a notice required by law to be posted;
d) a regulatory, warning, directional, guide or informational sign erected by the
Department of Transportation and Works;
e) a sign placed by a telephone, telegraph or electric power company to indicate
danger;
f) a sign, not exceeding 0.5 square metres, 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 square metres in area;
j) on an agricultural holding or farm, a notice board not exceeding 1.5 square
metres 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 square
metre in area and relating to forestry operations or the location of logging
operations conducted on the land;
I) on land used for mining or quarrying operations, a notice board not exceeding
1 square metre 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 square metres 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 metres, whichever is
the lesser;
p) on any parking lot directional signs and one sign not exceeding 1 square
metre in size, identifying the parking lot;
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PART III -- ADVERTISEMENTS
q) a sign indicating the location of a municipal or municipal planning area
boundary, located beyond the back slope of a highway ditching; and
r) a sign indicating the location of a trail or walkway and/or a sign providing
direction within a trail or walkway system.
81. Advertisements - Temporary and/or Portable Signs
(1) A temporary and/or portable sign may be permitted in any zone for a period
not exceeding 30 consecutive days, or 45 days at the Town's discretion
where purpose of the sign is to promote a not-for-profit initiative, provided the
sign:
a) does not exceed 3 square metres in area;
b) does not create or aggravate a traffic hazard, such as by blocking a sight-
line;
c) does not interfere with other lawful signs, including directional signs;
d) is of a location, materials, design and colour in keeping with the character
and appearance of the area;
e) if necessary, is approved by the Service NL, together with the Town.
(2) A renewal permit for a temporary sign may only be issued after 30 days have
passed since the original permit has expired.
(3) A free standing temporary or portable sign affixed to the ground by legs shall
be properly anchored to the ground in a manner that is sound and attractive.
(4) If it is not exempted from these Regulations, with the written permission of
Newfoundland Power, or the owner if not Newfoundland Power, a sign may
be permitted on a utility pole.
82. Advertisements and Signs near Highways
Pursuant to Newfoundland Regulation 85/99 as amended, the Provincial
Government has designated "control lines" alongside each provincially
maintained route. These lines extend 400 metres from the highway centrelines,
except that the control area is reduced within Municipal Boundaries to 100
metres from the centreline of a provincial highway.
Advertisements and signs falling within the designated control lines of any
highway must be referred to and approved or exempted by the Service NL office
serving the area.
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83. Advertisements Relating to On-Site Uses
This section deals with signage relating to on site uses - that is, uses located on
the same property as the sign or signs. Sign types include free standing signs,
signs affixed to buildings, fences and other structures, fascia signs and the use of
building surfaces for advertising.
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming
use in a use zone shall be as set out below.
(1) The size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Town, having regard for the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area.
(2) The maximum allowable size of the advertisement shall be determined in
accordance with Clause (1) above and in consideration of the size of the
premise or premises being advertised. For example, a sign for a large
shopping centre would necessarily be of a different scale than one for a
convenience store.
(3) Only one free standing advertisement per entrance or exit shall be permitted
in the front of a multi-use building, strip mall, shopping centre and similar
facilities containing more than one premise. However, one additional sign
shall be permitted in the front of a building if it is a free-standing temporary
sign as set out under Regulation 81.
(4) Where an advertisement is attached to the roof of a building and protrudes
above the roof, then it shall be included in the calculation of the height of the
building.
84. Advertisements Relating to Off-Site Uses
This Regulation deals with signage relating to off-site site uses -- that is, uses not
located on the same property as the sign or signs. Sign types include free
standing signs, signs affixed to buildings, fences and other structures, fascia
signs and the use of building surfaces for advertising.
The conditions to be applied to the erection or display of an advertisement on
any site, relating to a use permitted in a zone, or not relating to a specific land
use, shall be as set out below.
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(1) Except as set out under Clause (4) of this Regulation, the advertisement shall
not exceed 3 square metres in area.
(2) Except as set out under Clause (4) of this Regulation, when the
advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the
distance or direction to the premises to which they relate.
(3) The location, siting and illumination of each advertisement shall be to the
satisfaction of the Town, having regard to the grade and alignment of streets,
the location of street junctions, the location of nearby buildings and the
preservation of the amenities of the surrounding area.
(4) The size and location restriction of this Regulation is waived where the Town
has erected or permitted to be erected an advertisement related to a civic or
improvement or other public purpose;
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PART IV --SUBDIVISION OF LAND
PART IV - SUBDIVISION OF LAND
85.
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.
86.
Subdivisions inside the Planning Area outside the Town Boundary
Where the subdivision occurs outside the Town boundary, but within the
Planning Area boundary, including Cold Brook, Noel's Pond, Long Gull Pond:
a) The Town cannot accept sureties, etc., the dedication of land or cash in lieu
thereof or roads or other public facilities or lands where the subdivision occurs
outside the Town boundary;
b) Any streets outside the Town boundary must be approved by the Department
of Transportation and Works.
87. Subdivision Agreement
The Town may subject any subdivision of land and its development to a
subdivision agreement between the developer and the Town.
The subdivision agreement may set forth the financial, servicing, road, lotting,
open space, building line standards or requirements, together with other relevant
requirements.
A subdivision agreement may have the effect of modifying the road design
standards contained in Part IV of the Development Regulations.
88.
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
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PART IV --SUBDIVISION OF LAND
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.
Development in areas designated Residential on the Future Land Use Maps
within the Town or Municipal Boundary must be connected to the Town's
municipal water supply and sewage disposal systems.
89.
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.
90.
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Town, the development
of a subdivision does not contribute to the orderly growth of the municipality and
does not demonstrate sound design principles. In considering an application, the
Town shall, without limiting the generality of the foregoing, consider:
a) the location of the land;
b) the availability of and the demand created for schools, services, and
utilities;
c) the provisions of the Plan and Regulations affecting the site;
d) the land use, physical form and character of adjacent developments;
e) the transportation network and traffic densities affecting the site;
f) the relationship of the project to existing or potential sources of nuisance;
g) soil and subsoil characteristics;
h) the topography of the site and its drainage;
i) natural features such as lakes, streams, topsoil, trees and shrubs;
j) prevailing winds;
k) visual quality;
I) community facilities;
m) energy conservation;
n) such other matters as may affect the proposed development.
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PART IV --SUBDIVISION OF LAND
91.
Groundwater Supply Assessment -- New and Existing Subdivisions
See Regulation 49.
92.
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.
93.
Form of Application
Application for a permit to develop a subdivision shall be made to the Town in
accordance with Regulation 17.
94.
Subdivision Subject to Zoning and Plan Adopted by Town
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps or other plan adopted by the Town.
95.
Building Lines
The Town may establish building lines for any subdivision street and require any
new building to be located on such building lines.
96.
Land for Public Open Space
(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:
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
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PART IV --SUBDIVISION OF LAND
would otherwise be required to be dedicated;
e) money received by the Town in accordance with Clause (1) d) above,
shall be reserved by the Town for the purpose of the acquisition or
development of land for public open space or other public purpose.
(2) Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Town and may be sold or leased by the Town for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall be
applied against the cost of acquisition or development of any other land for
the purposes of public open space or other public purposes.
(3) The Town may require a strip of land to be reserved and remain undeveloped
along the banks of any river, brook or pond, and this land may, at the
discretion of the Town, constitute the requirement of land for 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 or environmental protection and that this
shall be in addition to whatever land the Town may require under Clause (1)
of this Regulation and Regulation 15.
97.
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
structures within the street reservation.
98.
Subdivision Design Standards
Except as otherwise specified in a Subdivision Policy adopted by the Town, no
permit shall be issued for the development of a subdivision under these
Regulations unless the design of the subdivision conforms to the standards
below and the Government of Newfoundland and Labrador Municipal Water,
Sewer and Roads Specifications. See also Regulations 70 (Street Construction
Standards) and 86 (Subdivisions Inside the Planning Area Outside the Town
Boundary).
(1) The finished grade of streets shall not exceed 10 percent, up to 12 percent at
the discretion of the Town where it would otherwise be impossible to develop
the site, or compliance with the 10 percent requirement would entail
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excessive cutting and filling.
(2) Every cul de sac shall be provided with a turning circle of a diameter of not
less than 30 metres.
(3) The maximum length of any cul de sac shall be 250 metres where no
emergency access is provided; or 300 metres where emergency access is
provided. However, the maximum length of a cul de sac may be extended
where the Town is satisfied that such an extension will not endanger lives or
property.
(4) The 250 metres under clause (3) is measured from the mid-point of the
intersection to the beginning of the cul de sac bulb, or the beginning of the
loop in a p-loop.
(5) Emergency vehicle access to a cul de sac shall be not less than 3 metres
wide and shall connect the head of the cul de sac with an adjacent street.
(6) No cul de sac shall be located so as to appear to terminate a collector street.
(7) A cul de sac shall not be permitted unless the Town is satisfied that there is
no reasonable alternative to developing the property.
(8) Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land and where deemed necessary by the Town
new subdivisions shall have street connections with an existing street or
streets. See also Regulation 30.
(9) All street intersections shall be constructed within 5 degrees of a right angle
and this alignment shall be maintained for 30 metres from the intersection.
(10)
No street intersection shall be closer than 60 metres to any other street
intersection.
(11)
No more than four streets shall join at any street intersection.
(12)
No residential street block shall be longer than 490 metres between street
intersections unless otherwise determined by the Town and provided that the
Town is satisfied that there is adequate access provided to lands adjoining
the subdivision.
(13)
Streets subdivisions shall be designed in accordance with the Subdivision
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Policy adopted by the Town, but in the absence of such standards, shall
conform to the following minimum standards:
Type of Street
Street
Reservation
Pavement
Width
Walkway
Number
Arterial Streets
30 metres
15 metres
Discretion of Town
Collector Streets
20 metres
15 metres
2
Local Streets
15 metres
9 metres
1, 2 if 50% or more of the
units are row houses or
apartments
(14)
No lot intended for residential purposes shall have a depth exceeding four
times the frontage except as otherwise approved by the Town.
(15)
Residential lots shall not be permitted which abut a local street at both
front and rear lot lines except as otherwise approved by the Town.
(16)
The Town may require any existing natural, historical or architectural
feature or part thereof to be retained when a subdivision is developed.
(17)
Water and sewer mains shall be designed as loops to avoid dead-ending.
99. 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.
Town of Stephenville
Development Regulations 2014
PART IV --SUBDIVISION OF LAND
100. 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.
101. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks
and paving specified by the Town as being necessary, may, at the Town's
discretion, be deferred until a later stage of the work on the development of the
subdivision but the developer shall deposit with the Town before approval of his
application, an amount estimated by the Engineer as reasonably sufficient to
cover the cost of construction and installation of the works. In the later stage of
the work of development, the Town shall call for tenders for the work of
construction and installation of the works, and the amount so deposited by the
developer shall be applied towards payment of the contract cost. If the contract
cost exceeds the deposit, the developer shall pay to the Town the amount of the
excess. If the contract price is less than the deposit, the Town shall refund the
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.
102. Transfer of Streets and Utilities to Town
(1) The developer shall, following the approval of the subdivision of land and
upon request of the Town, transfer to the Town, at no cost to the Town, and
clear of all liens and encumbrances:
a) all lands in the area proposed to be developed or subdivided which are
approved and designated by the Town for public uses as streets, or other
rights-of-way, or for other public use;
b) all services or public works including streets, water supply and distribution
and sanitary and storm drainage systems installed in the subdivision that
are normally owned and operated by the Town.
(2) Before the Town shall accept the transfer of lands, services or public works of
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PART IV --SUBDIVISION OF LAND
any subdivision, the Engineer shall, at the cost to the developer, test the
streets, services and public works installed in the subdivision and certify his
satisfaction with their installation.
(3) The Town shall not provide maintenance for any street, service or public work
in any subdivision until such time as such street, service or public work has
been transferred to and accepted by the Town.
103. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Town is
satisfied that:
a) the lot can be served with satisfactory water supply and sewage disposal
systems; and,
b) satisfactory access to a street is provided for the lots.
104. Grouping of Buildings and Landscaping
(1) Each plan of subdivision shall make provision for the grouping of building
types and for landscaping in order to enhance the visual aspects of the
completed development and to make the most use of existing topography and
vegetation.
(2) Building groupings, once approved by the Town, shall not be changed without
written application to and subsequent approval of the Town.
105. Coordination of Development
See Regulation 47.
101
40
,10
gm
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Town of Stephenville
Development Regulations 2014
PART V --USE ZONES
PART V - USE ZONES
106. 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 106 (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.
107. 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.
108. 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.
109. 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.
54
a
Town of Stephenville
Development Regulations 2014
PART V --USE ZONES
110. 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.
a
AIN
a
a
55
Town of Stephenville
Development Regulations 2014
SCHEDULE A -- DEFINITIONS
SCHEDULE A -- DEFINITIONS
GENERAL NOTE:
A definition marked with an asterix is also included in the Ministerial
Development Regulations or the Act. Where there is a conflict, the Ministerial
Development Regulations or the Act prevail.
ACCESS* means a way used or intended to be used by vehicles, pedestrians or
animals in order to go from a street to adjacent or nearby land or to go from that land to
the street.
ACCESSORY BUILDING* includes:
a detached subordinate building not used as a dwelling, located on the same lot
as the main building to which it is an accessory which has a use that is
customarily incidental or complementary to the main use of the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetable storage cellars, shelters for
domestic pets, or radio and television antennae,
(iii)
for commercial uses, workshops, or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks.
ACCESSORY USE* means the use that is subsidiary to a permitted or discretionary
use and that is customarily expected to occur with the permitted or discretionary use.
ACT*, unless the context indicates otherwise, means the Urban and Rural Planning Act
2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device
or representation, whether illuminated or not, in the nature of and employed wholly or in
part for the purposes of advertisement, announcement or direction; excluding such
things employed wholly as a memorial, or functional advertisement of Councils, or other
local authorities, public utilities and public transport undertakers, and including any
boarding or similar structure used or adapted for use for the display of advertisements.
AGRICULTURE means horticulture, fruit growing, grain growing, seed growing, dairy
farming, the breeding or rearing of livestock, including any creature kept for the
production of food, wool, skins, or fur, or for the purpose of its use in the farming of land,
the use of land as grazing land, meadow land, osier land, market gardens and nursery
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SCHEDULE A -- DEFINITIONS
grounds and the use of land for woodlands where that use is ancillary to the farming of
land for any other purpose. "Agricultural" shall be construed accordingly.
AMUSEMENT USE means the use of land or buildings equipped for the playing of
electronic, mechanical, or other games and amusements including electronic games,
pinball games and slot machine arcades and billiard and pool halls.
ANIMAL UNIT (AU) LIVESTOCK means any one of the animals or groups of animals
as set out in Table C.1 of Appendix C of the Environmental Farm Practices Guidelines
for Livestock and Poultry Producers in Newfoundland and Labrador and Table C.1 of
the Environmental Guidelines for Poultry Producers of Newfoundland and Labrador.
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.
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),
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SCHEDULE A -- DEFINITIONS
(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
Hat Roof
(ii)
the deck line of a mansard roof
And
(iii)
the mean height level between eave and ridge of a gable, hip or gambrel
roof,
Town of Stephenville
Development Regulations 2014
SCHEDULE A -- DEFINITIONS
Simple Hip 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 and includes a wilderness campground that is
designed to provide a natural environment for camping, in which modern conveniences
and services would be inappropriate.
COLLECTOR STREET means a street that is designed to link local streets with arterial
streets.
DAYCARE CENTRE or DAY NURSERY means a building or part of a building in which
services and activities are regularly provided to children of pre-school age during the full
daytime period as defined under the Day Nurseries Act, but does not include a school
as defined by the Schools Act.
DECK means a raised structure that has a walking surface within one storey of the
established grade at the ground level of that face of the building that may or may not be
attached to a main or principal building, and does not have a permanent roof.
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SCHEDULE A -- DEFINITIONS
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.
ENGINEER means a professional engineer employed or retained by the Town.
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Town of Stephenville
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SCHEDULE A -- DEFINITIONS
ESTABLISHED GRADE* means,
(i)
where used in reference to a building, the average elevation of the finished
surface of the ground where it meets the exterior or the front of that building
exclusive of any artificial embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average
elevation of the finished grade of the ground immediately surrounding the
structure exclusive of any artificial embankment or entrenchment.
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
business activity.
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SCHEDULE A -- DEFINITIONS
HOME OFFICE means an office class use carried out within a dwelling or dwelling
accessory building.
HYDROCARBON EXPLORATION means the exploration for oil and natural gas.
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.
LIVESTOCK means horses, cattle, sheep, goats, swine, poultry, llamas, alpacas, bison
and fur bearing animals raised in captivity and another domesticated animal that may be
prescribed by regulation to be livestock, but does not include companion animals such
as dogs and cats or other animal kept for companionship or bred or raised for sale for
companionship and not an agricultural purpose. (source: Animal Health and Protection
Act Section 2(1) e) and (o).)
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
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Town of Stephenville
Development Regulations 2014
SCHEDULE A -- DEFINITIONS
the total area of the lot.
MAIN BUILDING -- See Principal Building.
MARINA means a dock or basin together with associated facilities where slips,
moorings, supplies, repairs, and other services that are typically available for boats and
other watercraft, including storage, sales and rentals, with or without a club house and
catering facilities. It can also include a boat-house or shed associated with a dock or
wharf.
MINERAL EXPLORATION means the activity of searching for minerals or mineral
occurrences, including oil exploration, 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 complying with the National Building
Code and having the dimensions of a single-wide mobile home and which has been
transported to the site on a single trailer.
MINING means land or buildings used for the extraction of ores and salts.
MOBILE HOME means a transportable factory-built single family dwelling unit:
(a)
which complies with space standards substantially equal to those laid
down in the Canadian Code for Residential Construction and is in
accordance with the construction standards laid down and all other
applicable Provincial and Municipal Codes and;
(b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot,
and subsequently supported on its own wheels, jacks, posts or
piers, or on a permanent foundation and;
(ii)
connected to exterior public utilities approved by the Town, namely,
piped water, piped sewer, electricity and telephone, in order for
such mobile home unit to be suitable for year round term
occupancy.
MOBILE HOME PARK means a mobile home development under single or joint
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Town of Stephenville
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SCHEDULE A -- DEFINITIONS
ownership, cared for and controlled by a mobile home park operator where individual
mobile home lots are rented or leased with or without mobile home units placed on them
and where ownership and responsibility for the maintenance and development of site
facilities including underground services, access roads, communal areas, snow clearing
and garbage collection, or any of them, are the responsibility of the mobile home park
management, and where the mobile home development is classified as a mobile home
park by the Town.
MOBILE HOME SUBDIVISION means a mobile home development requiring the
subdivision of land whether in single or joint ownership into two or more pieces or
parcels of land for the purpose of locating thereon mobile home units under either
freehold or leasehold tenure and where the maintenance of streets and services is the
responsibility of a municipality or public authority, and where the mobile home
development is classified as a mobile home subdivision by the Town.
NON-CONFORMING USE* means a legally existing use that is not listed as a permitted
or discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone.
OWNER* means a person or an organization of persons owning or having the legal
right to use the land under consideration.
PERMITTED USE* means a use that is listed within the permitted use classes set out in
the use zone tables of an authority's development regulations.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
PRINCIPAL BUILDING(S) means the building or buildings in which the primary use of
the lot on which the building is located is conducted. This term is interchangeable with
the term Main Building.
PROHIBITED USE* means a use that is not listed in a use zone within the permitted
use classes or discretionary use classes or a use that an authority specifies as not
permitted within a use zone.
REAR YARD DEPTH* means the distance between the rear lot line and the rear wall of
the main building on a lot.
RESTAURANT means a building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with meals or refreshments for
consumption on the premises.
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SCHEDULE A -- DEFINITIONS
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.
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.
_Jo
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SCHEDULE A -- DEFINITIONS
SINGLE DWELLING means a single dwelling which is free standing, separate, and
detached from other main buildings and consists of a constructed, 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
two or more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
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.
TOURIST CABIN ESTABLISHMENT means an area of land, managed as a unit,
consisting of three or more self-contained accommodations units (`tourist cabins') used
for short term stays, and where accessory uses could include an administrative office,
clubhouse, snack bar, convenience store, swimming pool, and recreational facilities.
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.
66
a
Front Void
b
Rear Yard
C
Sic* Yard
d
Flanierv; Yard
Town of Stephenville
Development Regulations 2014
SCHEDULE A -- DEFINITIONS
ZONING MAP* means the map or maps attached to and forming part of the authority's
regulations.
YARDS
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Development Regulations 2014
SCHEDULE B -- CLASSIFICATION
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience, theatres.
ASSEMBLY USES
Cultural and Civic
Libraries, Museums, Art
Galleries, Court Rooms,
Meeting Rooms, Council
Chambers
ASSEMBLY USES
Protection
Police and Fire 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
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Development Regulations 2014
SCHEDULE B -- CLASSIFICATION
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd
GROUP
CLASS
ASSEMBLY USES
Outdoor Assembly
EXAMPLES
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, Wilderness
Campgrounds
INSTITUTIONAL USES
Penal and Correctional
Jails, Penitentiaries
Police Stations (with
detention quarters)
Prisons
Psychiatric
Hospitals (with
detention quarters)
Reformatories
INSTITUTIONAL USES
INSTITUTIONAL USES
RESIDENTIAL USES
Medical Treatment and
Special Care
Family and Group Care
Home
Single Dwelling
Children's Homes,
Convalescent Homes
Homes for Aged,
Hospitals, Infirmaries
Family and Group Care
Home
Single Detached Dwellings
RESIDENTIAL USES
Subsidiary Apartment
Subsidiary Apartment
RESIDENTIAL USES
Subsidiary Dwelling
Subsidiary Dwelling
RESIDENTIAL USES
RESIDENTIAL USES
Mini-Home
Double Dwelling
Mini-Home
Semi-detached Dwelling,
Duplex Dwellings
RESIDENTIAL USES
RESIDENTIAL USES
Row Dwelling
Apartment Building
Row Houses, Town
Houses
Apartment Building
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Development Regulations 2014
SCHEDULE B -- CLASSIFICATION
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd
GROUP
CLASS
RESIDENTIAL USES
Boarding House
Residential and/or Bed
and Breakfast
RESIDENTIAL USES
Commercial Residential
RESIDENTIAL USES
Seasonal Residential
EXAMPLES
Boarding Houses, Lodging
Houses, Bed and
Breakfast
Hotels & Motels, Hostels,
Residential Clubs, Tourist
Cabin Establishment
Summer Homes & Cabins,
Hunting & Fishing Cabins
RESIDENTIAL USES
RESIDENTIAL USES
BUSINESS & PERSONAL
SERVICE USES
Mobile Homes
Seniors' Housing and
Personal Care Facilities
Office
Mobile Homes
Seniors' Housing and
Personal Care Facilities
Offices (including
Government Offices),
Banks
BUSINESS & PERSONAL
SERVICE USES
BUSINESS & PERSONAL
SERVICE USES
BUSINESS & PERSONAL
SERVICE USES
Home Business
Home Office
Medical and Professional
Home Business
Home Office
Medical Offices and
Consulting Rooms,
Dental Offices &
Surgeries, Legal Offices &
Similar Professional
Offices
Personal Service
BUSINESS & PERSONAL
SERVICE USES
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
Radio Stations, Telephone
Exchanges
Communications Class
BUSINESS & PERSONAL
SERVICE USES GROUP
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Development Regulations 2014
SCHEDULE B -- CLASSIFICATION
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd
BUSINESS & PERSONAL
SERVICE USES
BUSINESS & PERSONAL
SERVICE USES
BUSINESS & PERSONAL
SERVICE USES
BUSINESS & PERSONAL
SERVICE USES
MERCANTILE USES
MERCANTILE USES
MERCANTILE USES
MERCANTILE USES
Police Station
Taxi Stand
Take-out Food Service
Veterinary
Shopping Centre
Shop
Indoor Market
Outdoor Market
Police Stations without
detention quarters
Taxi Stands
Take-out Food Service
Veterinary Surgeries
Shopping Centres
Retail Shops and Stores
and Showrooms,
Department Stores
Market Halls, Auction Halls
Market Grounds, Animal
Markets, Produce and
Fruit Stands, Fish Stalls
MERCANTILE USES
Convenience Store
INDUSTRIAL USES
Hazardous Industry
INDUSTRIAL USES
General Industry
INDUSTRIAL USES
Service Station
Confectionary Stores,
Corner Stores, Gift Shops,
Specialty Shops
Bulk Storage of hazardous
liquids and substances,
Chemical Plants,
Distilleries
Feed Mills, & Lacquer,
Mattress, Paint, Varnish,
and Rubber Factories,
Spray Painting
Factories, Cold Storage
Plants, Freight Depots
General Garages,
Warehouses, Workshops,
Laboratories, Laundries,
Planing Mills, Printing
Plants, Contractors' Yards
Gasoline Service Stations,
Gas Bars, Car Wash
-
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Development Regulations 2014
SCHEDULE B -- CLASSIFICATION
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd
INDUSTRIAL USES
GROUP
Light Industry Class
Light Industry, Parking
Garages, Indoor Storage,
Warehouses, Workshops
NON-BUILDING USES
Agriculture
Commercial Farms, Hobby
Farms, Market Gardens,
Nurseries, Greenhouses
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
NON-BUILDING USES
Wells
Oil Wells and Natural Gas
Oil Wells and Natural Gas
Wells
NON-BUILDING USES
Recreational Open Space
and Trails
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
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Town of Stephenville
Development Regulations 2014
SCHEDULE B -- CLASSIFICATION
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS...cont'd
NON-BUILDING USES
Transportation
Airfields, Docks, Marina,
Yacht Club, Boating Club,
Boat House and Harbours
NON-BUILDING USES
GROUP
Utilities Class
Windmills, Wind Turbines,
Solar, and other energy
sources not classed as a
Public Utility under the
Public Utilities Act.
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Development Regulations 2014
SCHEDULE C -- USE ZONE SCHEDULES
SCHEDULE C -- USE ZONE SCHEDULES
Schedule C contains tables showing the use classes which may be permitted or which
may be treated as discretionary use classes for the purpose of these Regulations. The
tables also indicate the required standards of development and may also include
conditions affecting some or all of the use classes.
Before issuing an Approval in Principle or a permit for a development, the Town shall
review the application to ensure that it is in compliance with Application, Parts I --
General Regulations, II -- General Development Standards, Ill -- Advertisements, IV --
Subdivision of Land; and Schedules A -- Definitions, B -- Classification of Uses of Land
and Buildings, C -- Use Zone Schedules, D -- Offstreet Loading and Parking
Requirements of the Development Regulations and Schedule E -- Policy for Flood Plain
Management.
Schedule C contains tables for the following Use Zones:
Country Living Residential (CLR)
Residential Low Density (RLD)
Residential Medium Density (RMD)
Residential Medium Density 2 (RMD 2)
Residential Special (RSP)
Rural Residential (RR)
Seasonal Residential (SR)
Commercial General (CG)
Industrial General (IG)
Airport (AP)
Public (PU)
Open Space Recreation (OSR)
Environmental Protection (EP)
Designated Floodway (F), Floodway Fringe (FF) and Climate Change
Flood (CF),
Rural (RU)
Wellhead Protected Water Supply Area -- Kippens (WPWSA-K)
Wellhead Protected Water Supply Area -- Stephenville (WPWSA
PA-S)
Comprehensive Development Area Residential (CDA-R)
Comprehensive Development Community Services (CDA-CS)
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Development Regulations 2014 SCHEDULE C -- COUNTRY LIVING RESIDENTIAL
USE ZONE TABLE
COUNTRY LIVING RESIDENTIAL (CLR) ZONE
ZONE TITLE COUNTRY LIVING RESIDENTIAL (CLR)
PERMITTED USE CLASSES - (see Regulation 108)
Conservation, Home Office, Recreational Open Space, Single Dwelling, Subsidiary
Apartment
DISCRETIONARY USE CLASSES - (see Regulations 24 and 109)
Agriculture, Antenna, Home Business
STANDARDS
WHERE PERMITTED
Single Dwelling
Lot Area per Dwelling (Minimum)
450 m2
Floor Area (Minimum) per Dwelling
80 m2
Frontage (Minimum) per Dwelling
15 m
Building Line Setback (Minimum)*
8 m
Side Yard Width (Minimum)
3m and 1 m
Side Yard Width Flanking Road (Minimum)
3 m and building line setback for
flanking road
Rear Yard Depth (Minimum)
10 m
Lot Coverage (Maximum)
33%
Height (Maximum)
8 m
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Town of Stephenville
Development Regulations 2014
SCHEDULE C -- COUNTRY LIVING RESIDENTIAL
* The minimum building setback shall be 30 m from the centre-lines of Highways 460
and 490, or the building line setback as set out herein or determined by the Town,
whichever is greater. Elsewhere, subject to Regulation 41 of Part II, the Town may
establish the building line and setback for any street or portion thereof to reflect
existing setbacks of nearby buildings and dwellings.
STANDARDS WHERE AGRICULTURE IS A DISCRETIONARY USE
Lot area per dwelling (Min-
imum)
5,500 m2
Floor area (Minimum) per
dwelling
80 m2
Frontage per Dwelling (Mini-
mum)
45 m
Building Line Setback
(Minimum)
15 m*
Building Line Setback
(Maximum)
30 m
Side yard Width (Minimum)
5 m
Side yard Width, Flanking
Road (Minimum)
5 m and building line set back for flanking road
Rear yard Depth
(Minimum)
30 m
Lot Coverage (Maximum -- all
Buildings)
30%
Height (Maximum)
8 m
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Development Regulations 2014 SCHEDULE C -- COUNTRY LIVING RESIDENTIAL
a
* The minimum building setback shall be 30 m from the centre-lines of Highways 460
and 490, or the building line setback as set out herein or determined by the Town,
whichever is greater. Elsewhere, subject to Regulation 41 of Part II, the Town may
establish the building line and setback for any street or portion thereof to reflect
existing setbacks of nearby buildings and dwellings.
CONDITIONS FOR THE COUNTRY LIVING RESIDENTIAL ZONE
1.
Municipal Services
Development shall be connected to municipal water and sewer services.
a
2.
Agriculture
No person shall keep more than the equivalent of four animal units in the form of
four horses on a property -- no other livestock is permitted on a property.
Agricultural use is subject to the approval of the Agrifoods Development Branch.
3.
Non-Residential and Discretionary Uses
See also Regulation 38 -- Appropriate Residential Uses.
S
Non-residential and discretionary uses shall be compatible with nearby
residential uses, which is to say that they shall not interfere with the use and
enjoyment of nearby residential properties by virtue of appearance, noise,
odours, traffic or dust.
The standards for non-residential uses shall be as determined by the Town,
except that where applicable lot area, frontage, building line setback minimum,
building line setback maximum, sideyard, sideyard flanking road, rear yard and
lot coverage shall be at least that set out for single dwellings.
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Town of Stephenville
Development Regulations 2014 SCHEDULE C -- COUNTRY LIVING RESIDENTIAL
5.
Home Business and Home Office
See Regulations 51 and 52.
6.
Subsidiary Apartment
See Regulation 71.
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Town of Stephenville
Development Regulations 2014
SCHEDULE C -- RESIDENTIAL LOW DENSITY
USE ZONE TABLE
RESIDENTIAL LOW DENSITY (RLD) ZONE
ZONE TITLE RESIDENTIAL LOW DENSITY (RLD)
PERMITTED USE CLASSES - (see Regulation 108)
Conservation, Home Office, Recreational Open Space, Single Dwelling, Subsidiary
Apartment
DISCRETIONARY USE CLASSES - (see Regulations 24 and 109)
Antenna, Bed and Breakfast and Boarding House, Home Business
STANDARDS
WHERE PERMITTED
Single Dwelling
Lot Area per Dwelling (Minimum)
450 m2
Floor Area (Minimum) per Dwelling
80 m2
Frontage (Minimum) per Dwelling
15 m
Building Line Setback (Minimum)*
8 m
Side Yard Width (Minimum)
3m and 1 m
Side Yard Width Flanking Road (Minimum)
3 m and building line setback for
flanking road
Rear Yard Depth (Minimum)
10 m
Lot Coverage (Maximum)
33%
Height (Maximum)
8 m
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Town of Stephenville
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SCHEDULE C -- RESIDENTIAL LOW DENSITY
* The minimum building setback shall be 30 m from the centre-lines of Highways 460
and 490, or the building line setback as set out herein or determined by the Town,
whichever is greater. Elsewhere, subject to Regulation 41 of Part II, the Town may
establish the building line and setback for any street or portion thereof to reflect
existing setbacks of nearby buildings and dwellings.
CONDITIONS
1.
Municipal Services
Development shall be connected to municipal water and sewer services.
2.
Non-Residential and Discretionary Uses
See also Regulation 38 -- Appropriate Residential Uses.
Non-residential and discretionary uses shall be compatible with nearby
residential uses, which is to say that they shall not interfere with the use and
enjoyment of nearby residential properties by virtue of appearance, noise,
odours, traffic or dust.
The standards for non-residential uses shall be as determined by the Town,
except that where applicable lot area, frontage, building line setback minimum,
building line setback maximum, sideyard, sideyard flanking road, rear yard and
lot coverage shall be at least that set out for single dwellings.
3.
Home Business and Home Office
See Regulations 51 and 52.
4.
Subsidiary Apartment
See Regulation 71.
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Development Regulations 2014 SCHEDULE C -- RESIDENTIAL MEDIUM DENSITY
USE ZONE TABLE
RESIDENTIAL MEDIUM DENSITY (RMD) ZONE
ZONE TITLE
RESIDENTIAL MEDIUM DENSITY (RMD)
PERMITTED USE CLASSES - (see Regulation 108)
Apartment
Building,
Bed
and
Breakfast
and
Boarding
House,
Child
Care,
Conservation, Double Dwelling, Home Business, Home Office, Recreational Open
Space, Single Dwelling, Subsidiary Apartment
DISCRETIONARY USE CLASSES - (see Regulations 24 and 109)
Antenna, Personal Service
STANDARDS
WHERE PERMITTED
Single
Dwelling
Double
Dwelling
APARTMENT BUILDING
1
Bedroom
Apt.
2
Bedroom
Apt.
3
Bedroom
Apt.
4
Bedroom
Apt.
Lot area (Minimum) per
dwelling or dwelling
unit
450 m2 or
300 m2 at
the
discretion
of the
Town
390 m2
200 m2
250 m2
280 m2
300 m2
Frontage (Minimum)
per dwelling
15 m or
12 m at
the
discretion
of the
Town
21 m
30 m
Building Line Setback
(Minimum)
8 m* or 7
m* at the
discretion
of the
Town
8 m *
8 m*
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Town of Stephenville
Development Regulations 2014 SCHEDULE C -- RESIDENTIAL MEDIUM DENSITY
Side yard Width
(Minimum)
3 mand 1
m
3 m&1m
5m
Side yard Width,
Flanking Road
(Minimum)
3 m and
building
line
setback
for
flanking
road
3 m and
building
line
setback
for
flanking
road
5 m and building line setback for flanking road
Rear yard Depth
(Minimum)
10 m or 8
m at the
discretion
of the
Town
10 m
14 m
Height (Maximum)
8 m
8m
10 m
* The minimum building setback shall be 30 m from the centre-lines of Highways 460 and 490, or
the building line setback as set out herein or determined by the Town, whichever is greater.
Elsewhere, subject to Regulation 41 of Part II, the Town may establish the building line and setback
for any street or portion thereof to reflect existing setbacks of nearby buildings and dwellings.
CONDITIONS
1.
Municipal Services
Development shall be connected to municipal water and sewer services.
2.
Non-Residential and Discretionary Uses
See also Regulation 38 -- Appropriate Residential Uses.
Non-residential and discretionary uses shall be compatible with nearby
residential uses, which is to say that they shall not interfere with the use and
enjoyment of nearby residential properties by virtue of appearance, noise,
odours, traffic or dust.
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Town of Stephenville
Development Regulations 2014 SCHEDULE C -- RESIDENTIAL MEDIUM DENSITY
3.
Child Care, Bed and Breakfast and Boarding House Residential
Establishments
Child care, Bed and Breakfast and Boarding House Residential establishments
shall conform to all the requirements for a single dwelling. Minimum lot area
shall conform to lot area requirements for a single dwelling provided lot area is
sufficient to accommodate the building and meet parking requirements.
4.
Home Business and Home Office
See Regulations 51 and 52.
5.
Subsidiary Apartment
See Regulation 71.
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Town of Stephenville
Development Regulations 2014
SCHEDULE C -- RESIDENTIAL MEDIUM DENSITY 2
USE ZONE TABLE
RESIDENTIAL MEDIUM DENSITY 2 (RMD 2) ZONE
ZONE TITLE
RESIDENTIAL MEDIUM DENSITY 2 (RMD-2)
PERMITTED USE CLASSES - (see Regulation 108)
Apartment
Building,
Bed
and
Breakfast
and
Boarding
House,
Child
Care,
Conservation, Double Dwelling, Home Business, Home Office, Mini-Home (Condition
5), Mobile Home (Conditions 7,8,9,10) , Recreational Open Space, Single Dwelling,
Subsidiary Apartment
DISCRETIONARY USE CLASSES - (see Regulations 24 and 109)
Antenna, Convenience Store, Educational, Personal Service, Place of Worship
STANDARDS
WHERE PERMITTED
Single
Dwelling
Double
Dwelling
APARTMENT BUILDING
1
Bedroom
Apt.
2
Bedroom
Apt.
3
Bedroom
Apt.
4
Bedroom
Apt.
Lot area (Minimum) per
dwelling unit
450 m2
or 300 m2
at the
discretion
of the
Town
390 m2
200 m2
250 m2
280 m2
300 m2
Frontage (Minimum)
per dwelling
15 m or
12 m at
the
discretion
of the
Town
21 m
30 m
Building Line Setback
(Minimum)
7 m*
7 m *
7 m*
Side yard Widths
(Minimum)
3 m and 1
m
3 m and
1m
5 m
84
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Town of Stephenville
Development Regulations 2014
SCHEDULE C -- RESIDENTIAL MEDIUM DENSITY 2
Side yard Widths,
Flanking Road
(Minimum)
3 m and
building
line
setback
for
flanking
road
3m and
building
line
setback
for
flanking
road
5 m and building line setback for flanking road
Rear yard Depth
(Minimum)
6 m
10 m
14 m
Height (Maximum)
8 m
8m
10 m
NOTES:
* The minimum building setback shall be 30 m from the centre-lines of Highways 460 and 490, or the
building line setback as set out herein or determined by the Town, whichever is greater. Elsewhere,
subject to Regulation 41 of Part II, the Town may establish the building line and setback for any street or
portion thereof to reflect existing setbacks of nearby buildings and dwellings.
CONDITIONS
1.
Municipal Services
Development shall be connected to municipal water and sewer services.
2.
Non-Residential and Discretionary Uses
See also Regulation 38 -- Appropriate Residential Uses.
Non-residential and discretionary uses shall be compatible with nearby
residential uses, which is to say that they shall not interfere with the use and
enjoyment of nearby residential properties by virtue of appearance, noise,
odours, traffic or dust.
3.
Child Care, Bed and Breakfast and Boarding House Residential
Establishments
Child care, Bed and Breakfast and Boarding House Residential establishments
shall conform to all the requirements for a single dwelling. Minimum lot area
shall conform to lot area requirements for a single dwelling provided lot area is
sufficient to accommodate the building and meet parking requirements.
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Town of Stephenville
Development Regulations 2014 SCHEDULE C -- RESIDENTIAL MEDIUM DENSITY 2
4.
Home Business and Home Office
See Regulations 51 and 52.
5.
Mini Homes
Provided the characteristics are substantially the same as a mobile home a mini
home can only be located in an approved mobile home park or park or
subdivision which meets the criteria for a mobile home park or subdivision.
6.
Mobile Home
A mobile home can only be located in an approved mobile home park.
7.
Mobile Home Lot Development Standards
Development of each mobile home lot shall conform to the following standards:
a)
a mobile home lot must be provided with a mobile home stand capable of
supporting the maximum anticipated load of the mobile home throughout
all seasons of the year without settlement or other movement;
b)
a mobile home stand must be designed to fit the dimensions of the
particular mobile home positioned on the mobile home stand and must be
paved or provided with some other hard surface;
c)
a mobile home stand shall be required to be supported and secured by
foundation walls, piers, posts or other means, carried to a depth sufficient
to prevent movement by frost and sufficient to support the anticipated load
at such points on its chassis frame as required;
d)
anchors in the form of eyelets embedded in concrete, screw augers or
arrow head anchors, or alternative devices acceptable to the Authority
must be provided at all corners of the mobile home stand and at additional
points where necessary to secure the mobile home against the forces
exerted by wind or other naturally occurring forces;
e)
anchors or devices must be connected to each anchor point of the mobile
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Town of Stephenville
Development Regulations 2014 SCHEDULE C -- RESIDENTIAL MEDIUM DENSITY 2
home chassis frame by a cable or other device approved by the Authority;
f)
anchors and connections must be made capable of withstanding a tension
of at least 2,180 kilograms;
g)
a mobile home shall be placed on an approved mobile home lot, and in a
manner allowing it to be placed and removed from the lot without
interfering with other lots;
h)
mobile homes will be blocked with approved materials so that there will be
a minimum clearance of 0.6 metres from the underside of the steel beam
frame to the ground, and the maximum clearance will be 1.2 metres from
the underside of the frame to the ground; and,
i)
when a mobile home is in the correct position and secured in place, the
open space beneath it will be skirted with minimum 1.25 centimetre
plywood or equivalent, secured to a minimum 5 centimetre by 5 centimetre
framing on 60 centimetre centres and this skirting must be acceptable to
the Authority and have an accessible, removable panel to give access to
service connections.
8.
Mobile Home Park/Subdivision Development Standards
1)
A perimeter buffer of 7.6 metres consisting of natural vegetation shall be
maintained along all boundaries of the mobile home park or subdivision.
No mobile home or accessory building shall be located within this buffer.
2)
The maximum density of the mobile home park shall be 16 mobile homes
per gross hectare.
3)
No more than one mobile home shall be placed on each mobile home lot.
4)
Vacant lots shall be maintained so not to become derelict or otherwise
deteriorate.
9.
Mobile Home Park or Subdivision Municipal Services
1)
A mobile home park or subdivision shall be fully serviced with water and
sewer connected to the municipal water and sewer system. The cost of
installing water and sewer and connecting them to the municipal water
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Town of Stephenville
Development Regulations 2014 SCHEDULE C -- RESIDENTIAL MEDIUM DENSITY 2
and sewer system and their ongoing maintenance shall be the
responsibility of the developer. Each mobile home shall be serviced with
water and sewer.
2)
The development and maintenance of site facilities including underground
services, communal areas and garbage collection are the responsibility of
the mobile home park developer and/or operator.
10.
Mobile Home Outdoor Living Area
A mobile home shall have a minimum of 40 square metres for an outdoor living
area. This area will be located at the rear or side (or combination of both) of the
mobile home. The purpose of the living area is to provide an area for privacy,
recreation and amenity.
11.
Subsidiary Apartment
See Regulation 71.
Town of Stephenville
Development Regulations 2014
SCHEDULE C -- RESIDENTIAL SPECIAL
USE ZONE TABLE
RESIDENTIAL SPECIAL (RSP) ZONE
ZONE TITLE
RESIDENTIAL SPECIAL (RSP)
PERMITTED USE CLASSES - (see Regulation 108)
Apartment Building,
Child Care, Double Dwelling, Home Business, Home Office,
Recreational Open Space, Row Dwelling, Single Dwelling and Subsidiary Apartment
DISCRETIONARY USE CLASSES - (see Regulations 24 and 109)
Antenna, Personal Service
STANDARDS
WHERE PERMITTED
Sing
Dwelling
ling
Double
Dwel-
ling
Row Dwelling
Apartment Building
Lot area (Minimum)
per dwelling unit
450 m2
390 m2*
240 m2*
200 m2*
Floor area (Mini-
mum) per dwelling
unit
80 m2
80 m2
80 m2
20 m2
Frontage (Mini-
mum) per dwelling
15 m
21 m
24 m or 6 m per unit
whichever is greater
30 m
Building Line
Setback
(Minimum)
8 m*
8 m *
8 m *
8 m*
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Town of Stephenville
Development Regulations 2014
SCHEDULE C -- RESIDENTIAL SPECIAL
Side yard Width
(Minimum)
3 m and
1m
3m
and 1 nn
3 m& 3m
5m
Side yard Width,
Flanking Road
(Minimum)
3 m and
building
line
setback
for
flanking
road
3m
and
building
line
setback
for
flanking
road
3 m and building
line setback for
flanking road
5 m and building
line setback for
flanking road
Rear yard Depth
(Minimum)
10m
10m
8m
14m
Height (Maximum)
8m
8m
8m
10m
*
The minimum building setback shall be 30 m from the centre-lines of Highways
460 and 490, or the building line setback as set out herein or determined by
the Town, whichever is greater. Elsewhere, subject to Regulation 41 of Part II,
the Town may establish the building line and setback for any street or portion
Thereof to reflect existing setbacks of nearby buildings and dwellings.
CONDITIONS FOR THE RESIDENTIAL SPECIAL ZONE
1.
Municipal Services
Development shall be connected to municipal water and sewer services.
2.
Non-Residential and Discretionary Uses
See also Regulation 38 -- Appropriate Residential Uses.
Non-residential and discretionary uses shall be compatible with nearby
residential uses, which is to say that they shall not interfere with the use and
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Town of Stephenville
Development Regulations 2014
SCHEDULE C -- RESIDENTIAL SPECIAL
enjoyment of nearby residential properties by virtue of appearance, noise,
odours, traffic or dust.
3.
Discretionary Use Classes
The Discretionary Use Classes listed in the Use Zone 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.
4.
Home Business and Home Office
See Regulations 51 and 52.
5.
Lot Area and Yard Reduction Standards
Lot area, frontage, building line setback, and rear yard depth can be reduced at
the discretion of the Town provided that it constitutes infill development. This
discretion can only be exercised in accordance with the public notification
requirements of Regulation 24.
6.
Subsidiary Apartment
See Regulation 71.
Town of Stephenville
Development Regulations 2014
SCHEDULE C --RURAL RESIDENTIAL
USE ZONE TABLE
RURAL RESIDENTIAL (RR) ZONE
ZONE TITLE
RURAL RESIDENTIAL (RR)
PERMITTED USE CLASSES - (see Regulation 108)
Conservation, Family and Group Care Centre (Conditions 3 and 9), Home Business,
Home Office, Mini Home (Conditions 3 and 9), Mobile Home (Conditions 3 and 9),
Recreational Open Space, Seasonal Residential, Single Dwelling (Condition 3),
Subsidiary Apartment
DISCRETIONARY USE CLASSES (see Regulations 24 and 109)
Agriculture, Antenna, Assembly Uses Group (Condition 3), Commercial Residential
(Tourist Cabins -- Condition 4), Convenience Store, Forestry, General Industry,
Mineral Exploration, Mineral Working, Personal Service
SINGLE DWELLING STANDARDS
Single Dwelling
Lot area (Minimum)
2,500 m2
Frontage (Minimum)
30 m
Building line setback (Minimum)
15 m*
Building Line setback (Maximum)
30 m
Sideyard width (Minimum)
10 and 5 m
Sideyard width Flanking Road (Minimum)
10 m and building line
setback for flanking road
Rear yard depth (Minimum)
30 m
Height (Maximum)
8 m
92
11.
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Town of Stephenville
Development Regulations 2014
SCHEDULE C --RURAL RESIDENTIAL
The minimum building setback shall be 30 m from the centre-lines of Highways
460 and 490, or the building line setback as set out herein or determined by
the Town, whichever is greater. Elsewhere, subject to Regulation 41of Part II,
the Town may establish the building line and setback for any street or portion
thereof to reflect existing setbacks of nearby buildings and dwellings.
CONDITIONS
1.
Municipal Services, Unserviced Lots
Development shall not be connected to municipal water and/or sewer services.
Development on unserviced lots is subject to the requirements set out under the
"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 the Use Zone 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.
3.
Residential and Assembly Uses
Residential, including mini homes, mobile homes, and Assembly uses can be
permitted only as infilling within areas of existing development and elsewhere
within the zone only in accordance with an approved development scheme.
4.
Commercial -- Residential -- Tourist Cabins
See Regulation 72.
5.
Convenience Store
Convenience stores will only be permitted as a discretionary use under the
following conditions:
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Town of Stephenville
Development Regulations 2014
SCHEDULE C --RURAL RESIDENTIAL
a)
The store shall form part of, or be attached to the single dwelling;
b)
The retail use shall be subsidiary to the dwelling and in keeping with the
residential character of the area, and shall not adversely affect residential
amenities of adjoining properties;
c)
Off-street parking for at least two automobiles shall be provided for
customer use or as required for convenience stores in Schedule "D",
whichever is greater;
d)
The maximum floor area of a convenience store shall be 60 m2 and shall
not infringe on the minimum floor area of the dwelling.
6.
General Assembly Uses
Where permitted, general assembly uses shall conform with the minimum
standards prescribed for single dwellings. The maximum lot coverage shall be
4% and the maximum height shall be 10 m.
7.
General Industry
General Industry shall be restricted to development required for the maintenance
and repair of equipment, processing, storage, or animal shelter related to
agricultural, animal or forestry uses, or the development of such other rural
resource based industry as the Town may determine to be compatible with the
rural residential environment.
8.
Mineral Exploration and Mineral Working
See Regulations 56 and 57.
Mineral working shall be limited to a small scale pit not exceeding 5,000 square
metres in area.
9.
Mini Homes, Mobile Homes and Family and Group Centres
A mini home use, a mobile home use and a family and group centre use shall
conform with the development standards prescribed for single dwellings. A family
and group care centre must be approved by the Province before a permit is
issued by the Town.
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10.
Subsidiary Apartment
See Regulation 71.
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Development Regulations 2014
SCHEDULE C -- SEASONAL RESIDENTIAL
USE ZONE TABLE
SEASONAL RESIDENTIAL (SR) ZONE
ZONE TITLE
SEASONAL RESIDENTIAL (SR)
PERMITTED USE CLASSES - (see Regulation 108)
Conservation, Seasonal Residential, Recreational Open Space
DISCRETIONARY USE CLASSES - (see Regulations 24 and 109)
Antenna, Transportation
CONDITIONS
1.
Municipal Services, Unserviced Lots
Development shall not be connected to municipal water and/or sewer services.
Development on unserviced lots is subject to the requirements set out under the
"Private Sewage Disposal and Water Supply Standards", and/or other applicable
requirements of Service NL and the Department of Environment and
Conservation.
2.
Non-Residential and Discretionary Uses
Non-residential and discretionary uses shall be compatible with nearby
residential uses, which is to say that they shall not interfere with the use and
enjoyment of nearby residential properties by virtue of appearance, noise,
odours, traffic or dust.
3.
Discretionary Use Classes
1)
The Discretionary Use Classes listed in the Use Zone 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
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development will not inhibit or prejudice the existence or the development
of such uses.
2)
The Discretionary Use Seasonal Residential class may be permitted only in
accordance with an approved development plan for the area.
4.
Transportation
Transportation Use is limited to uses requiring direct access to a body of water.
COMMERCIAL GENERAL (CG) ZONE
ZONE TITLE
COMMERCIAL GENERAL (CG)
PERMITTED USE CLASSES (see Regulation 108)
All uses in the Assembly Use Group, Boarding House Residential, all uses in the
Business Professional, and Personal Service Uses Group except Taxi Stand and
Veterinary, Commercial-Residential, Conservation, all uses in the Mercantile Uses
Group, Recreational Open Space, Single Dwelling, Subsidiary Apartment,
Transportation, Antenna
DISCRETIONARY USES (see Regulations 24 and 109)
Apartment Building, Double Dwelling, Light Industry, Service Station, Taxi Stand and
Veterinary.
Town of Stephenville
Development Regulations 2014
SCHEDULE C -- COMMERCIAL GENERAL
USE ZONE TABLE
CONDITIONS FOR THE COMMERCIAL GENERAL ZONE
1.
Development Standards
(1) Except for Boarding House Residential, Single Dwelling and Subsidiary
Apartment and Double Dwelling, the development standards for this zone
shall be as follows:
a) Minimum Building Line Setback, Main Street and West Street - As
determined by the Town, except for that portion which also runs along
Highway 460, in which case the minimum setback be 30 metres from the
centre-line of Highway 460.
b) Minimum Building Setback - Highways 460 (Hansen Highway) 490
(Stephenville Crossing access) - 30 metres from the centre-line or 4
metres from the front lot line, whichever is greater.
c) Minimum Building Line Setback - Other Roads - as determined by the
Town.
d) Minimum Side Yard Width except where buildings adjoin is 4 metres,
and this may be reduced to 1.2 metres at the discretion of the Town.
e) Minimum Side Yard Width, Flanking Road - Same as Building Line
Setback
f) Minimum Rear yard Depth
5 metres
g) Maximum Height
15 metres
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(2) The Development Standards for Boarding House Residential, Single Dwelling
and Subsidiary Apartment and Double Dwelling shall be that set out for these
use classes under the Residential Medium Density (RMD) Zone
2.
Access
The number of accesses to the street from non-residential uses shall be limited
by, and designed to the satisfaction of, the Town, having regard to the safety and
efficiency of the street for both vehicles and pedestrians.
3.
Advertisements and Signage - Main Street
Notwithstanding any other provisions of these Regulations, the Town may in its
discretion require that signage along Main Street be in character with or comply
with the proposals or requirements contained in any approved design plan or
scheme for the area.
4.
Buffer
Where any proposed non-residential use abuts a residential zone or an existing
dwelling unit, the owner of the site of the non-residential development may be
required to provide a buffer strip between any non-residential building or activity
and the residential zone or dwelling. The buffer shall include the provision of
grass strips, hedges, trees or shrubs or structural barrier as may be required by
the Town, and shall be maintained by the owner or occupier to the satisfaction of
the Town.
5.
Business Improvement Area - Main Street/West Street
Within the Business Improvement Area along Main Street and adjoining streets,
the Town shall review any development proposal, and may, where it deems
necessary to enhance the appearance and function of the area, require that such
development comply with the design guidelines set out in any approved design
plan or scheme for the area.
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6.
Commercial Residential -- Tourist Cabins
See Regulation 72.
7.
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. In particular, the Town shall be
satisfied that a discretionary use:
a)
will not have a negative affect on adjacent residential uses because of
noise, smoke, dust, vibrations or unsightly appearance;
b)
will not generate vehicle traffic to a volume that will affect residential
amenity; and
c)
will not cause unacceptable nuisance or hazard to adjacent residential
uses.
8.
Landscaping and Surfacing
Non-residential lots shall be landscaped or provided with at stable surface to
prevent raising or movement of dust, clay, mud or loose particles.
9.
Municipal Services, Unserviced and Semi-serviced Lots
Where deemed necessary by the Town development shall be connected to
municipal water and sewer services.
Development on unserviced and semi-serviced lots is subject to the requirements
set out under the "Private Sewage Disposal and Water Supply Standards", and/or
other applicable requirements of Service NL and the Department of Environment
and Conservation.
10. Open Storage
The Town may permit open storage of materials and goods, provided the
following conditions are met:
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AO
a)
Open storage shall not be located in the front yard or in any required
setback or buffer area;
b)
Open storage shall be enclosed by a wall or fence not less than 2 metres in
height constructed of uniform materials approved by the Town; and
c)
Open storage shall be maintained with a stable surface to prevent raising
or movement of dust, clay, mud or loose particles.
11. Parking and Loading
Adequate parking, as prescribed in Schedule D, and loading facilities shall be
provided on the site of non-residential uses for all employees; vehicles used in or
associated with the activity carried out on the site; and for vehicles of customers,
clients, or other persons who visit the establishment. This parking and loading
area shall be paved.
Town of Stephenville
Development Regulations 2014
SCHEDULE C --INDUSTRIAL GENERAL
USE ZONE TABLE
INDUSTRIAL GENERAL (IG) ZONE
ZONE TITLE
INDUSTRIAL GENERAL (IG)
PERMITTED USE CLASSES - (see Regulation 108)
All uses in the Assembly Use group except Educational, All uses in the Business
Professional and Personal Service Uses group, Commercial-Residential (Condition
3), Conservation, General Industry, Light Industry, all uses in the Mercantile Uses
group, Recreational Open Space, Service Station, Transportation, and Antenna.
DISCRETIONARY USE CLASSES - (see Regulations 24 and 109)
Hazardous Industry, Mineral Exploration, Mineral Working, Scrap Yard,
1.
Development Standards
The development standards for this zone shall be as set out below.
a)
Minimum Building Line Setback -- Except where there is frontage on a
Provincial Highway the minimum building line setback shall be 10 metres.
Where there is frontage on a Provincial Highway the minimum building line
setback shall be the greater of 10 metres or 30 metres from the centre-
lines of Highways 460 and 490.
b)
Minimum Sideyard Width -- 5 metres.
c)
Minimum Sideyard Width Flanking Road -- Same as Minimum Building
Line Setback under Clause 1. a)
d)
Minimum Frontage -- 15 metres except for arterial and major roads, in
which case the minimum frontage is 30 metres.
e)
Minimum Rear yard Depth -- 15 metres.
f)
Maximum Height -- 15 metres.
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2.
Commercial -- Residential -- Tourist Cabins
Tourist cabins of this Use Class (Schedule B) are not permitted in this Zone.
3.
General Service
The General Service Use Class of the Business Professional Uses Group is
limited to dry-cleaning and small tool and appliance repair uses.
4.
Hazardous Industry -- Storage of Flammable Liquids
See also Schedule B.
All uses and structures for the on-site storage of flammable liquids shall conform
to the requirements of the Provincial Fire Commissioner and shall be surrounded
by such buffers and landscaping as the Town and other appropriate agencies may
require in order to prevent damage to adjacent uses by fire, explosion or spillage
of flammable materials.
5.
Landscaping and Surfacing
Non-residential lots shall be landscaped or provided with at stable surface to
prevent raising or movement of dust, clay, mud or loose particles.
6.
Mineral Exploration and Mineral Working
See Regulations 56 and 57.
7.
Municipal Services
Where deemed necessary by the Town, development shall be connected to
municipal water and sewer services.
8.
Open Storage
The Town can permit open storage of materials and goods, provided the following
conditions are met:
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a)
Open storage shall not be located in the front yard or in any required
setback or buffer area;
b)
Open storage shall be enclosed by a wall or fence not less than 2 metres in
height constructed of uniform materials approved by the Town; and
c)
Open storage shall be maintained with a stable surface to prevent raising
or movement of dust, clay, mud or loose particles.
9.
Parking and Loading
Adequate parking, as prescribed in Schedule D, and loading facilities shall be
provided on the site of non-residential uses for all employees; vehicles used in or
associated with the activity carried out on the site; and for vehicles of customers,
clients, or other persons who visit the establishment. This parking and loading
area shall be paved.
10.
Scrap Yard
See Regulation 65.
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a
VII
USE ZONE TABLE
AIRPORT (AP) ZONE
ZONE TITLE
AIRPORT (AP)
PERMITTED USE CLASSES - (see Regulation 108)
All uses in the Assembly Use group, all uses in the Business Professional and
Personal Service Uses group, Commercial-Residential (Condition 3), Conservation,
General Industry, Light Industry, all uses in the Mercantile Uses group, Recreational
Open Space, Service Station, Transportation, and Antenna
DISCRETIONARY USE CLASSES - (see Regulations 24 and 109)
Hazardous Industry, Scrap Yard
1.
General Development Requirements
Whether or not the development falls within the permitted use class or the
discretionary use class, all development within this Zone shall be approved by
the Stephenville Airport Authority along with the Town and other appropriate
agencies before a permit is issued by the Town.
2.
Development Standards
Development Standards shall be as determined by the Stephenville Airport
Authority along with the Town and other appropriate agencies. However, where
there is frontage on a Provincial Highway the minimum building line setback shall
be the greater of 10 metres or 30 metres from the centre-lines of Highways 460
and 490.
3.
Commercial Residential -- Tourist Cabins
Tourist Cabins of the Commercial Residential Use Class are not permitted.
1-1
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4.
Hazardous Industry -- Storage of Flammable Liquids
See also Schedule B.
All uses and structures for the on-site storage of flammable liquids shall conform
to the requirements of the Provincial Fire Commissioner and shall be surrounded
by such buffers and landscaping as the Town and other appropriate agencies may
require in order to prevent damage to adjacent uses by fire, explosion or spillage
of flammable materials.
5.
Municipal Services
Development shall be connected to municipal water and sewer services.
6.
Scrap Yard
See Regulation 65.
IIP
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SCHEDULE C --PUBLIC
USE ZONE TABLE
PUBLIC (PU) ZONE
ZONE TITLE
PUBLIC (PU)
PERMITTED USE CLASSES - (see Regulation 108)
Apartment Building, Assembly Uses Group (except Catering and Amusement
classes), Cemetery, Commercial Residential, Communications, Cultural and Civic,
Educational, Funeral Home, General Assembly, Institutional Uses Group classes,
Medical and Professional, Office including Drug Dispensary, Personal Service,
Conservation and Recreational Open Space
DISCRETIONARY USE CLASSES (see Regulations 24 and 109)
Antenna, Catering
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as set out below.
a)
Minimum Building Line Setback -- Except where there is frontage on a
Provincial Highway the minimum building line setback shall be 10 metres.
Where there is frontage on a Provincial Highway the minimum building line
setback shall be the greater of 10 metres or 30 metres from the centre-
lines of Highways 460 and 490.
b)
Minimum Sideyard Width Minor -- 2 metres.
c)
Minimum Sideyard Width Major -- 5 metres.
d)
Minimum Sideyard Width Flanking Road -- Same as Minimum Building
Line Setback under Clause 1. a)
e)
Minimum Rear yard Depth -- 15 metres.
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f)
Maximum Height -- 15 metres, except that the Town may permit a height
greater than 15 metres if the building line setback is increased by 2 metres
for every 1 metre increase in height, and, minimum rear yard depth is not
less than the greater of 15 metres or the building line setback set out under
this clause.
2.
Cemetery
Except in respect of building line setback, cemeteries are not subject to Condition
1 of this Zone. On the Land Use Zoning Maps cemeteries are identified by a
cross symbol.
3.
Municipal Services, Unserviced and Semi-serviced Lots
Where deemed necessary by the Town development shall be connected to
municipal water and sewer services.
Development on unserviced and semi-serviced lots is subject to the requirements
set out under the "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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SCHEDULE C -- OPEN SPACE RECREATION
USE ZONE TABLE
OPEN SPACE RECREATION (OSR) ZONE
ZONE TITLE OPEN SPACE RECREATION (OSR)
PERMITTED USE CLASSES - (see Regulation 108)
Conservation, Outdoor Assembly, Recreational Open Space
DISCRETIONARY USE CLASSES - (see Regulations 24 and 109)
Antenna, Indoor Assembly
CONDITIONS
1.
Recreational Open Space Access and Frontage
Recreational open space (playgrounds, trails, etc.) may be developed on back
land but shall have at least one 5 metre wide vehicular access to a publicly
owned and maintained street.
2.
Building Line and Setback and Other Standards
Except where there is frontage on a Provincial Highway the minimum building
setback shall be determined by the Town.
Where there is frontage on a Provincial Highway the minimum setback shall be
the greater of 10 metres, or 30 metres from the centre-lines of Highways 460 and
490.
Other standards shall be as determined by the Town.
3.
Indoor Assembly
The development shall be directly accessible from a collector or arterial street
and/or by such other means as will not be disruptive to a residential
neighbourhood.
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4.
Municipal Services, Unserviced and Semi-serviced Lots
Where deemed necessary by the Town development shall be connected to
municipal water and sewer services.
Development on unserviced and semi-serviced lots is subject to the requirements
set out under the "Private Sewage Disposal and Water Supply Standards", and/or
other applicable requirements of Service NL and the Department of Environment
and Conservation.
-
5.
Outdoor Assembly
Outdoor assembly development intended for community-wide or regional use
shall provide parking deemed sufficient by the Town to accommodate the
estimated parking demand generated by the average weekly peak hour of use.
The development shall be directly accessible from a non-residential street.
Town of Stephenville
Development Regulations 2014 SCHEDULE C -- ENVIRONMENTAL PROTECTION
USE ZONE TABLE
ENVIRONMENTAL PROTECTION (EP) ZONE
ZONE TITLE ENVIRONMENTAL PROTECTION (EP)
PERMITTED USE CLASSES - (see Regulation 108)
Conservation, Recreational Open Space
DISCRETIONARY USE CLASSES - (see Regulations 24 and 109)
Agriculture, Antenna, Transportation
CONDITIONS
1.
General
Development in this zone shall be subject to the requirements set out by the
Town and other relevant agencies in order to ensure that such development does
not have a negative effect on waterways and wetlands and other features of the
environment.
2.
Transportation
Transportation uses are limited to wharves and docks and other marine related
uses.
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Development Regulations 2014
SCHEDULE C -- FLOOD ZONES
USE ZONE TABLE
DESIGNATED FLOODWAY (DF), FLOODWAY FRINGE (FF), CLIMATE
CHANGE FLOOD (CF) ZONES
All development within the Designated Floodway, Floodway Fringe, and Climate
Change Flood Zones is subject to Schedule E of these Regulations -- Policy for Flood
Plain Management, Policy Directive 96-1 as amended, Water Resources Management
Division, the Department of Environment and Conservation, the Town and other
appropriate agencies.
Before issuing a permit, issuing a permit subject to conditions or refusing to issue a
permit the Town shall consider the permitted and discretionary uses and conditions of
the adjacent zoning under Schedule C together with the applicable requirements of
Schedule E.
The Designated Floodway Zone is the same as the "Floodway" as defined under Policy
Directive 96-1 as set out under Schedule E.
Compatibility of Development
To ensure that along with fulfilling provincial policies in respect of development in flood
risk areas while at the same ensuring that development is compatible with and/or
similar to nearby development, the Town in its sole discretion may refuse to issue a
permit for a development which is not compatible with existing or proposed
development in an abutting zone.
Disclaimer
The official Flood Risk mapping as derived from the latest flood risk mapping provided
by the Department of Environment and Conservation on its website as of July 25, 2014
for the Town of Stephenville and its Planning Area has been integrated into the Future
Land Use and Land Use Zoning maps. Some minor line consolidation was done to
allow for practical interpretation of the data. However, where land use decisions are
required in the areas covered by these maps with the official Flood Risk mapping, it is
incumbent upon the users that the original flood risk data as provided by the
Department of Environment and Conservation be the ultimate reference document.
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SCHEDULE C --RURAL
USE ZONE TABLE
RURAL (RU) ZONE
ZONE TITLE
RURAL (RU)
PERMITTED USE CLASSES - (see Regulation 108)
Agriculture, Animal, Campground, Cemetery, Conservation, Forestry, General
Industry, Home Business, Home Office, Mineral Exploration, Mineral Working,
Outdoor Market, Recreational Open Space, Scrapyard, Seasonal Residential, Single
Dwelling, Solid Waste, Veterinary
DISCRETIONARY USE CLASSES - (see Regulations 24 and 109)
Antenna, Transportation, Utilities
CONDITIONS
1.
Development Standards and Approvals
Development standards in this zone will be determined by the Town, Service NL
and other departments.
All development in this zone shall be approved by the Service NL, Department
of Environment and Conservation, Forestry and Agrifoods Agency, the
Department of Natural Resources, and other agencies or departments as
required, before a permit is issued by the Town.
2. Campground
A campground is restricted to a wilderness campground as set out Schedule A --
Definitions -- Campground.
3.
General Industry
1)
General industry shall be restricted to the maintenance and repair of
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equipment, processing and storage related to agriculture, forestry or
mineral working uses, or to those unsuitable to sites adjacent to urban
uses. Examples of the latter are industrial uses involving hazardous
substances such as bulk fuel storage or industrial uses featuring outdoor
storage of machinery and equipment and other items.
2)
Unless the Town is satisfied that the general industry use will not create a
nuisance and will not adversely affect the amenity of the surrounding area,
the Town shall require the provision of buffering by the developer to the
satisfaction of the Town.
4.
Mineral Exploration and Mineral Working
See Regulations 56 and 57.
5.
Municipal Services, Unserviced Lots
Development shall not be connected to municipal water and sewer services in
this Zone.
Development on unserviced lots is subject to the requirements set out under the
"Private Sewage Disposal and Water Supply Standards", and/or other applicable
requirements of Service NL and the Department of Environment and
Conservation.
6.
Productive Forest
On lands deemed Productive Forest the Town shall consult with the Forestry and
Agrifoods Agency before approving any development. In areas identified as
Productive Forest, uses shall be restricted to forestry and forestry related
industrial uses.
7.
Scrap Yard and Solid Waste
See Regulation 65.
8.
Seasonal Residential/Remote Cottage
A seasonal residential/remote cottage use shall only be permitted if it does not
have frontage on a publicly owned and maintained road and is only accessed by
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snowmobiles and all-terrain vehicles in the winter months..
9.
Single Dwelling
A single dwelling is only allowed in this Zone if it is accessory to a use falling
within the agriculture, forestry, mineral working use or scrapyard classes after
two years of operation.
10.
Transportation Use
A transportation use is limited to wharves and docks and a tourism related
transportation use such as a float-plane operation together with associated or
accessory uses.
Town of Stephenville
Development Regulations 2014
SCHEDULE C-- WPWSA-K
USE ZONE TABLE
WELLHEAD PROTECTED WATER SUPPLY AREA KIPPENS (WPWSA-K) ZONE
ZONE TITLE WELLHEAD PROTECTED WATER SUPPLY AREA KIPPENS
(WPWSA - K)
PERMITTED USE CLASSES (see Regulation 108)
Conservation
DISCRETIONARY USE CLASSES (see Regulations 24 and 109)
Antenna, Mineral Exploration, Recreational Open Space, Utilities
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.
Development which pertains to that part of the WPA-K Zone that protects the
Town of Kippens water supply shall also be submitted to the Town of Kippens for
approval prior to the issuance of a permit.
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
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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;
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
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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 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.
The proponent shall obtain separate approvals from the Minister 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 authority 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
(3)
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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.
Well Head
No development or other activity shall be permitted within 200 metres of the well
head except for maintenance and operation of the water supply system.
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USE ZONE TABLE
WELLHEAD PROTECTED WATER SUPPLY AREA STEPHENVILLE (WPWSA-S)
ZONE
ZONE TITLE WELLHEAD PROTECTED WATER SUPPLY AREA
STEPHENVILLE (WPWSA-S)
PERMITTED USE CLASSES (see Regulation 108)
Conservation
DISCRETIONARY USE CLASSES (see Regulations 24 and 109)
Antenna, Mineral Exploration, Recreational Open Space, Utilities
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;
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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;
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;
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,..,
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 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 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
41
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 authority 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.
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(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.
Well Head
No development or other activity shall be permitted within 200 metres of the well
head except for maintenance and operation of the water supply system.
AIN
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SCHEDULE C -- CDA-R
a
USE ZONE TABLE
COMPREHENSIVE DEVELOPMENT AREA RESIDENTIAL (CDA-R) ZONE
ZONE TITLE
COMPREHENSIVE DEVELOPMENT AREA RESIDENTIAL (CDA-R)
PERMITTED USE CLASSES - (see Regulation 108)
Conservation, Recreational Open Space
DISCRETIONARY USE CLASSES - (see Regulations 24 and 109)
Agriculture, Forestry
CONDITIONS
Municipal Services
Development in this Zone shall be connected to the Town's municipal water and
sewer system.
Agriculture and Forestry
Agricultural and forestry uses must be relatively low impact and compatible with
neighbouring residential uses.
Comprehensive Development Area Plan and Rezoning
In accordance with Section 3.1 of the Municipal Plan Areas zoned
Comprehensive Development Area Residential (CDA-R) under these
Regulations are set aside for future planned residential development as set out
in a Comprehensive Development Area Plan (Section 2.1.5 of the Municipal
Plan).
The approval of the Comprehensive Development Area Plan will not constitute
an Approval in Principle under the Town's Development Regulations. However,
if the Town and the relevant agencies are satisfied with the plan, the developer
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can then apply for a rezoning and followed by an application for subdivision
approval and/or approval in principle and development permits.
The Comprehensive Development Area Plan shall be prepared by a competent
professional, such as a professional engineer, town planner, landscape architect
and/or other such qualified person and shall include:
- Roads and Services
- Land Use
- General lot layout
- Historic Resources and Trails
- Waterways and Wetlands
- Public Consultation and consultation with affected property owners
- Other matters deemed necessary by the Town.
Once the Town has approved a Comprehensive Development Area Plan then
the area may be rezoned to accommodate residential compatible types of
development as set out in the Municipal Plan.
Town of Stephenville
Development Regulations 2014
SCHEDULE C-- CDA-CS
USE ZONE TABLE
COMPREHENSIVE DEVELOPMENT AREA COMMUNITY SERVICES (CDA-CS)
ZONE
ZONE TITLE
COMPREHENSIVE DEVELOPMENT AREA COMMUNITY SERVICES (CDA - CS)
PERMITTED USE CLASSES - (see Regulation 108)
Conservation, Recreational Open Space
CONDITIONS
Municipal Services
Development in this Zone shall be connected to the Town's municipal water and
sewer system where deemed necessary by the Town.
Comprehensive Development Area Plan and Rezoning
In accordance with Section 3.2 of the Municipal Plan Areas zoned
Comprehensive Development Area Community Services (CDA-CS) under these
Regulations are set aside for future planned community services types of uses
as set out in a Comprehensive Development Area Plan (Section 2.1.5 of the
Municipal Plan).
The approval of the Comprehensive Development Area Plan will not constitute
an Approval in Principle under the Town's Development Regulations. However,
if the Town and the relevant agencies are satisfied with the plan, the developer
can then apply for a rezoning and followed by an application for subdivision
approval and/or approval in principle and development permits.
The Comprehensive Development Area Plan shall be prepared by a competent
professional, such as a professional engineer, town planner, landscape architect
and/or other such qualified person and shall include:
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- Roads and Services
- Land Use
- General Lot layout
- Historic Resources and Trails
- Waterways and Wetlands
- Public Consultation and consultation with affected property owners
- Other matters deemed necessary by the Town.
JO,
_VH
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Town of Stephenville
Development Regulations 2014
SCHEDULE D -- OFFSTREET LOADING AND PARKING
SCHEDULE D - OFFSTREET LOADING AND PARKING REQUIREMENTS
1.
Off-Street Loading Requirements
(1)
Where the Town deems necessary, for every building, structure or use to
be erected, enlarged or established requiring the shipping, loading or
unloading of animals, goods, wares or merchandise, there shall be
provided and maintained for the premises loading facilities on land that is
not part of a street comprised of one or more loading spaces, 15 m long, 4
m wide, and having a vertical clearance of at least 4 m with direct access
to a street or with access by a driveway of a minimum width of 6 m to a
street.
(2)
The number of loading spaces to be provided shall be determined by the
Town.
(3)
The loading facilities required by this Regulation shall be so arranged that
vehicles can manoeuvre clear of any street and so that it is not necessary
for any vehicle to reverse onto or from a street.
2.
Parking Area Standards
(1)
For every building, structure or use to be erected, enlarged or established,
there shall be provided and maintained a quantity of off-street parking
spaces sufficient to ensure that the flow of traffic on adjacent streets is not
impeded by the on-street parking of vehicles associated with that building,
structure or use.
(2)
Each parking space, except in the case of single or double dwellings, shall
be made accessible by means of a hard surfaced right-of-way at least 3 m
in width. Parking required in a Residential Zone shall be provided on the
same lot as the dwelling or dwellings. Parking space for apartments shall
be provided in the rear yard where possible. In a Non-Residential Zone,
parking spaces shall be provided within the limits of the zone in which the
use is situated and not more than 200 m distant from the use concerned.
(3)
The parking facilities required by this Regulation shall, except in the case
of single or attached dwellings, be arranged so that it is not necessary for
any vehicle to reverse onto or from a street.
av
11W
SW
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SCHEDULE D -- OFFSTREET LOADING AND PARKING
(4)
Where, in these Regulations, parking facilities for more than four vehicles
are required or permitted, with parking perpendicular to the curb the
minimum dimensions shall be as follows:
(a)
parking stall width
2.75 metres
(b)
parking stall length or depth
5.80 metres
(c)
aisle width, parking stalls across from each other
7.30 metres
(d)
aisle width, other obstruction
7.30 metres
(e)
driveway width
7.00 metres.
Where the parking stall is horizontal to the curb, the minimum length of the
stall shall be 7.00 metres, and the minimum aisle width (if applicable) shall
be at least 4 metres, more if deemed necessary by the Town. However,
for any other parking lot configuration, the requirements shall as be as
specified by the Town, but in no instance shall the requirements be less
than that specified for perpendicular parking spaces.
(5)
Other requirements for parking areas are as follows:
(a)
the parking area shall be constructed and maintained to the
specifications of the Town;
(b)
the lights used for illumination of the parking area shall be so
arranged as to divert the light away from adjacent development;
(c)
a structure, not more than 3 m in height and more than 5 m2 in area
may be erected in the parking area for the use of attendants in the
area;
(d)
except in zones in which a service station is a permitted use, no
gasoline pump or other service station equipment shall be located
or maintained on a parking area;
(e)
no part of any off-street parking area shall be closer than 1.5 m to
the front lot line in any zone;
(f)
access to parking areas in non-residential zones shall not be by
way of residential zones;
(g)
where a parking area is in or abuts a residential zone, a natural or
structural barrier at least 1 m in height shall be erected and
maintained along all lot lines;
(h)
where, in the opinion of the Town, strict application of the above
parking requirements is impractical or undesirable, the Town may
as a condition of a permit require the developer to pay a service
levy in accordance with these Regulations in lieu of the provision of
a parking area, and the full amount of the levy charged shall be
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used by the Town for the provision and upkeep of alternative
parking facilities within the general vicinity of the development.
3.
Parking Requirements
(1) The off-street parking requirements for ay building, structure or use of
occupancy under the various use classes set out in Schedule B shall be as
set out in the following table, except as otherwise set out in Schedule C or
determined by the Town provided that the Town is satisfied that the revised
requirement is necessary for the proper development of the property and that
the revised requirement will not have a negative effect on nearby properties
and traffic flow and safety.
(2) In the case of developments including uses in more than one class, these
standards shall be regarded as cumulative.
(3) Adequate off-street provision for drop-off and pick-up of persons shall be
provided in developments where required, such as uses within the education,
passenger assembly, child care, medical treatment and special care,
commercial-residential and take-out food service classes.
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Theatre
One 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 or as otherwise specified by
the Town
Catering
One space for every 3 customers that may be
accommodated at one time.
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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
Campground
As specified by the Town.
Penal
and
Correctional
Detention
As specified by the Town.
Medical Treatment and
Special Care
Once space per 20 square metres of suite or ward area
Family and Group Care
Centre
As determined by the Town
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 House
Residential and/or Bed
and Breakfast
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
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SCHEDULED -- OFFSTREET LOADING AND PARKING
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.
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 -- FLOOD PLAIN MANAGEMENT
SCHEDULE E
POLICY FOR FLOOD PLAIN MANAGEMENT
Policy for Flood Plain Management
POLICY DIRECTIVE
Division:
Water Resources Management
P.D. W.R. 96-1
Prepared By: Amir Ali Khan, P. Eng
Issue Date:
May 13, 1996
Approved By: Haseen Khan
Director Re-Issue Date: March 19, 2014
Approved By: Martin Goebel
ADM Review Date:
Authorized By: Jamie Chippett
DM
Superseded:
Joan Shea
Minister Cancelled:
Subject:
Flood Plain Management
1.0 INTRODUCTION
Land use within flood plains involves trade offs between flood risk and development.
Flood risk takes the form of danger to health and safety, financial costs associated with
property damage and degradation of water resources and the environment. Some
factors associated with flood risk such as flow velocity, upstream inundation, erosion
potential or environmental impacts may be severe. Consequently, new land
development should therefore be restricted or prohibited. However, where conditions
are not as severe, some types of development and land use may occur safely provided
certain terms and conditions apply.
2.0 OBJECTIVES
- to prevent loss of human life and avoid personal hardships,
- to minimize flood damage to properties, infrastructure and the environment,
- to restrict activities which would degrade water resources,
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- to maintain the natural capability of waterways to convey flood flows,
- to minimize disruption of transportation, social and business activity, and,
- to minimize costs to the taxpayers of Newfoundland and Labrador.
The unwise development of land in flood plains has historically taken place in many
areas of the province probably due to a natural tendency for settlers to utilize land that
is near bodies of water. Unfortunately, the potential for flooding is often recognized only
after it is too late. The basic operating premise of this policy is that these problems will
not materialize if development takes place in a manner that does not place it at any risk
of flooding.
The policy will address Crown land, developed land and undeveloped land. Where
lands that are subject to periodic flooding are still directly owned by the Crown, those
lands will not be transferred to private developers or municipalities. However, where
land is already alienated, it is necessary to determine the risk of flooding and to
discourage potential development by planning, zoning regulations and by removing any
economic advantages or subsidies that would otherwise encourage such development.
Finally, where development has already taken place or cannot be avoided, policy is
intended to minimize potential flood damage by ensuring that flood proofing measures
are implemented and that the development does not further exacerbate the flooding
problem by impeding flows or by unduly constricting the flow channel. The policy also
takes climate change into consideration.
3.0 BACKGROUND
Canada - Newfoundland Flood Damage Reduction Program
Under the Canada - Newfoundland Flood Damage Reduction Program, both
governments agreed that public funds would not be used or provided for development
projects in flood risk areas. To identify these areas, hydrotechnical studies were carried
out for 37 communities in the province. Without exception, the main recommendation in
each study was that the implementation of proper flood plain management policies
would minimize flood risk.
4.0 LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act') sections 30, 32, 33, 34, 35, 48, 64
and 90, the Lands Act SNL1991 CHAPTER 36 Section 7.
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5.0 DEFINITIONS
(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
Body of Water 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 usually or at any time occupied
by that body of water;
An area adjacent to a lake, river, seashore etc. which is inundated or
covered with water on average at least once in 100 years. Note that a
flood plain is considered to be an integral part of a body of water as
Flood Plain
defined
above
because
it includes "the
land
usually or at a time
occupied by that body of water" and "whether that source usually
contains water or not".
A specific flood plain in a community for which a hydrotechnical study
Designated
has determined the extent of flooding and for which flood risk maps are
available.
The
designation
is
in
accordance
with
the
Canada
-
Area
Newfoundland Flood Damage Reduction Program Agreements.
The portion of a flood plain where the most frequent flooding occurs and
Floodway
where the flow of water is fastest. This area is determined on the basis
of the 1 in 20 year (1:20) return period flood.
The portion of a flood plain where less frequent flooding occurs and
Floodway
where the flow of water is considered to be tranquil. This area is where
Fringe
flooding occurs up to 1 in 100 years (1:100) on average.
Climate
Based on extension of the floodway fringe, this is the area which is likely
Change Flood to be impacted due to the latest forecasted affects of climate change.
Zone
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SCHEDULE E -- FLOOD PLAIN MANAGEMENT
Other Flood
Risk Area
An area where flooding is known or has some probability to occur due to
unique or unusual circumstances such as areas subject to shoreline
recession,
areas
downstream
of
dams
or
areas
adjacent
to
watercourses potentially prone to ice jams.
Flood Control
Area
An area that is subject to periodic flooding which has been designated
(by the Department) a control area in order to reduce the risks to public
health and safety and property damages. This area shall normally be
treated as a floodway zone (1:20), unless otherwise determined by the
Department.
Buffer Zone
A zone of land that is in its natural state and that is intended to separate
developed areas from bodies of water to provide basic protection of
water resources. This zone may coincide with a Crown land reservation
of a shoreline as prescribed by Section 7(1) of the Lands Act. In the
absence of specific setback requirements (depending on the activity) the
buffer is taken to be 15 metres measured from the high water mark
which in turn is understood to be the 1 in 100 year (1:100) high water
mark or the Climate Change Flood Zone, where they have been
identified.
Coastal Area
The interface or transition area where the land meets the sea/ocean or
large inland lakes. The coastal area can be flooded due to storm surges,
high tides or waves, erosion, rising sea Ievel,or reclaimed land.
6.0 POLICIES
6.01 Development Requires Written Approval
Development in a designated flood risk area, development in a flood plain and
development in a climate change flood zone shall be subject to the prior written
approval of the Minister of Environment and Conservation (the "Minister") in accordance
with the Act.
6.02 Project Categories
In general it is the policy of the Department of Environment and Conservation ("the
Department") that flood plains and the buffer zone be preserved and left in their natural
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SCHEDULE E -- FLOOD PLAIN MANAGEMENT
state. Recognizing that this is an ideal that would hinder significant benefits that could
be derived from certain development in a flood plain and outweigh all risk of loss,
damage or peril, this policy for flood plain management views any application to avail of
land in flood risk areas in decreasing order of preference. These preferences are
referred to hereafter as project categories.
1. Temporary alterations in a buffer zone, a climate change flood zone, a
designated floodway fringe, a flood plain, a designated floodway, and lastly, the
body of water itself.
2. Non-structural uses such as open space recreation, pasture, and wildlife
habitat enhancement.
3. Structures related to use of water resources such as wharves, slipways,
boathouses, pumping stations, storm or sewerage discharges.
4. Minor structural or other projects where only soil disturbance is involved such
as constructed trails, pipelines, transmissions lines, roads, etc., assuming there
will be no change in the grade of the land.
5. Other structures not used primarily for residential, commercial, industrial or
institutional purposes where there will be a change in grade but not a building.
6. Industrial uses related to the marine shipping or fishing industries.
7. Other industrial and commercial development.
8. Institutional developments such as hospitals, senior citizens homes, homes for
special care or schools where flooding could pose a significant threat should
evacuation become necessary.
9. Residential and other institutional development.
6.03 Hydraulic Structures
A special class of structures which includes most hydraulic structures such as dams,
bridges, causeways, dykes, canals etc., are by their own needs and characteristics
constructed in buffer zones and flood plains and consequently, no preference can be
assigned. However, such structures are the subject of the Act and every effort must be
made to ensure that such structures do not adversely affect the capability of the body of
water to convey flow. In the case of dams, new areas of flooding and the impact of that
flooding must be fully assessed by the proponent.
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SCHEDULE E -- FLOOD PLAIN MANAGEMENT
6.04 Project Classifications
Table 1 below indicates whether not project categories are permitted in each of the
defined flood plains.
Category
All Flood Plains
Where Flood Plains are Designated
Floodway
(1:20 year Zone)
Floodway Fringe
(1:100 year Zone)
Climate Change
Flood Zone
Temporary
alterations
Permitted
Permitted
Permitted
Permitted
Permitted
Non-
structural
uses
Permitted
Permitted
Permitted
Structures
related to
use of
water
resources
Permitted
Permitted
Permitted
Permitted
Minor
structural
or other
projects
Permitted
Permitted
with conditions*
Permitted
with conditions*
Permitted
with conditions*
Other
structures
not used
primarily
for
residential
Permitted
with conditions*
Permitted
with conditions*
Permitted
with conditions*
Permitted
with conditions*
Industrial
Uses
related to
shipping
(marine
Permitted
with conditions*
Permitted
with conditions*
Permitted
with conditions*
Permitted
with conditions*
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only)
Other
industrial
and
commercial
Not Permitted
Permitted
with conditions**
Permitted
with conditions*
Permitted
with conditions*
Institutional
Not Permitted
Not Permitted
Not Permitted
Not Permitted
Residential
and other
institutional
Not Permitted
Not Permitted
Permitted
with conditions*
Permitted
with conditions*
Hydraulic
Structures
Permitted
Permitted
Permitted
Permitted
* - See Section 6.05 for special terms and conditions related to necessary flood proofing
measures.
** - See Section 6.06 for special terms and conditions related to necessary flood
proofing measures.
Note: All permits contain standard terms and conditions.
6.05 Projects Permitted Where Flood Plains Are Designated
In Table 1 where projects may be permitted with conditions, the following conditions will
apply:
i.
the ground floor elevation of the structure is higher than the 1:100 year flood level
and the climate change flood zone (where designated), and,
ii.
the structure will not interfere with the flow of water or displace water such that it
creates a worse flooding situation for other properties, and,
iii.
the structure and the associated utilities must be designed and constructed in
accordance with the approved flood proofing guidelines of the Department and
entrances and exits from the building can be safely used without hindrance in the
event of a flood, and,
iv.
the proposed use of the facility and site will not involve any storage of pollutants
such as fuels, chemicals, pesticides etc., and,
v.
additional conditions which may be appropriate for specific projects and included
in a permit issued under Section 48 of the Act.
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6.06 Projects Permitted in Coastal Floodway Where Flood Plains Are Designated
In order to accommodate tourism activities in coastal areas, such as eateries,
attractions, tourist information booths, tour headquarters etc., in Table 1 if the floodway
(1:20 year zone) flooding in a coastal community is primarily due to backwater effects of
the ocean and extreme high tides and consequently the flow velocities in the floodway
are low, the following conditions will apply:
i.
only a tourism related structure and the associated utilities are permitted. The
tourism related structures and the associated utilities does not include
accommodations such as motels or hotels, and,
ii.
the tourism related structure and the associated utilities would not be eligible for
flood disaster compensation, and,
iii.
the ground floor elevation of the structure is higher than the 1:100 year flood level
and the climate change flood zone (where designated), and,
iv.
the structure will not interfere with the flow of water or displace water such that it
creates a worse flooding situation for other properties, and,
v.
the structure and the associated utilities must be designed and constructed in
accordance with the approved flood proofing guidelines of the Department and
entrances and exits from the building can be safely used without hindrance in the
event of a flood, and,
vi.
the proposed use of the facility and site will not involve any storage of pollutants
such as fuels, chemicals, pesticides etc., and,
vii.
additional conditions which may be appropriate for specific projects and included
in a permit issued under Section 48 of the Act.
6.07 Additions and Modifications to Existing Development
Additions, modifications, enhancements and improvements to existing structures where
there is an increase in the floor area within the flood plain, will be assessed for suitability
in the same way as the project category as a whole.
Town of Stephenville
Development Regulations 2014
SCHEDULE C-- WPWSA-K
USE ZONE TABLE
WELLHEAD PROTECTED WATER SUPPLY AREA KIPPENS (WPWSA-K) ZONE
ZONE TITLE WELLHEAD PROTECTED WATER SUPPLY AREA KIPPENS
(WPWSA - K)
PERMITTED USE CLASSES (see Regulation 108)
Conservation
DISCRETIONARY USE CLASSES (see Regulations 24 and 109)
Antenna, Mineral Exploration, Recreational Open Space, Utilities
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.
Development which pertains to that part of the WPA-K Zone that protects the
Town of Kippens water supply shall also be submitted to the Town of Kippens for
approval prior to the issuance of a permit.
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
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