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TOWN OF SUMMERFORD
DEVELOPMENT REGULATIONS
IMPORTANT: To see if there were any changes to
this plan since it came into effect, please refer to:
List of Development Regulation Amendments
THE URBAN AND RURAL PLANNING ACT
TOWN OF SillvThiERFORD
LAND USE ZONING, SUBDIVISION AND ADVERTISEMENTREGULATIONS
(DEVEWPMENT REGULATIONS)
Published by Authority
The Council of the Town of Summeiford hereby adopts the following Land Use Zoning,
Subdivision and Advertisement Regulalionsas required by Section 37 of The Urban and
Rural Planning Act.
Made and adopted by the Council of the Town of Summeiford, on the \I.;:; ~'day of f'\9i. \ 1...
- 1997.
Mayor
~~
.
~
Approved by me at St. John's this ~ day of -:s,....._~-::.f'\V...'\. ;'199'7.,
~~
ARnIUR D. REID, M.H.A.
Carbonear - Harbour Grace District
Minister of Municipal and Provincial A,ffairs
All persons are hereby requested to take notice that anyone who wishes to view these
Regulations may do so at the Office of the Town Clerk of the Town Council of
Summeiford.
TA!lLEOF CONTENTS
Regulation
Page
APPLICATION
l.
Short Title ............................ ' .............. '
' ........... .
2.
Jnterpret.Mlion
. .......... ' ...... ' .. ' ..... ' .. ' ........ ' .............. .
3.
Co n1n1ence111en t . ... ' ............................................. ' .. .
4.
Municipal Code an<l Regulations
5.
Authority
PART I - GENERAL REGULATIONS
6.
Con1pliance with Regulations
........................... , . . . . . . . . . . . . . . .
2
7.
Permit Required
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
8.
Permit to be Issued ................................ , , ............... , .
2
9.
Pennit Not to be Issued in Certain Cases
............................. , . . . .
2
10.
Discretionary Powers of Authority ...... , , . , . , , ............... , ... , ... , . . .
3
11.
Variances by Authority ...................... , , ....... , , , ............. ,
3
12.
Service Levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
13.
Financial Guarantee~ hy Developer ....... , , , .. , ...................... , , , . 5
14.
Dedication of Land for Public Uses
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
15.
Reinstatement of Land ................................... , , , , ........ , 5
16.
Form of Application .... , ......................................... , . . .
6
17.
Register of Application .......................................... , , , , . . 6
18.
Deferment of Application
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
19.
Outline Planning Pennission
..... ' ... :"". ... ..................... , . . . . . . . . . 7
20.
Development Permit ...................................... ·: . . . . . . . . . . . . 7
21.
Reasons for Refusing Pennit ......... , ... , ..................... , . . . . . . . .
8
21.1
Right of Appeal ...................................................... 8
22.
Notice of Application
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
23.
Right of Entry
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
24.
Record of Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
25.
Stop Work Order an<l ProseClltion ............ , , .................... , . . . . .
9
26.
Local Board of Appeal Established
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
27.
Appointment of Local Boar<l of Appe11l
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
28.
Appeal flo:ir<l to Act as Local llom<l or Appeal .... '' .... ' ' .. '.' .... ' '' .. ' ..
10
(ii)
Reg u lat i 011
Page
29.
Appeals to Local Board of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I I
30.
30.1
Effect of Decision by Local Board of Appeal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
Retum of Appeal Fee ................................................. 12
31.
Development May Not Proceed
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
PART II - GENERAL DEVELOPMENT STANDARDS
32.
Accesses an<l Service Streets
13
33.
Accessory Buildings
13
34.
Advertisements
13
35.
Buffer Strips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
36.
Building Height
14
37.
Building Line and Seiback . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
38.
Fa111ily ancJ Group Care Centres
14
39.
Height Exceptions
14
40.
Livestock Structures an<l Uses
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
41.
Lot Area
15
42.
Lot Ar~a anJ Size Exceptions
15
43.
Lot Frontage
16
44.
Mobile l-lo111es
16
45.
Non-Confonning lJses
16
46.
Offensive and Dangerous Uses
18
47.
Off-street Parking Require1nents
18
48.
Off-street Loading Requirements
19
49.
Parks anJ Playgrounds an<l Conserva!io~l l!ses_ , . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20
.
-''
'
'
50.
Screening and Landscaping . . . ' . . . ' . . . . . . . . . . . . . . . . . . . . . .
~ . ' . . . . . . . . . . . . 20
51.
Services and Public Utilities
20
52.
Service Stations ............... , ................................ , . . . .
20
53.
Sideyards
21
54.
Street Construction Standards
21
55.
Subsidiary Apurtments
21
56.
Unsubdivide<l Land
21
57.
Zero Lot Line an<l Other Con1prellcnsive Develop1nent
21
(iii)
Regulation
Page
PART ID - ADVERTISEMENTS
SS.
Permit Required
. . . . . - . . . . . . . - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
S9.
Form of Application
. . - - . . . . . . . . . . . . . . . . . - - . - . . . . . - . . . . . . . . . - . . . . . . . . 22
60.
Advertisements Prohibited in Street Reservation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
62.
Removal of Advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
63.
Advertisements Exempt from Control
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
64.
Approval Subject to Conditions .. .. .. .. . .. . .. .. - .. . .. .. .. . . .. .. .. .. .. . .. 23
6S.
Non-Conforming Uses
. . . - . - . . . . . . . . . . . . . . . . . - - . . . . . . . - . . . . . . . - . . . . . . 23
PART IV· SUBDMSION OF LAND
66.
Permit Required
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . 24
67.
Services to be Provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
68.
Payment of Service Levies and Other Charges
. . . . . . . . . - . . . . . . . . . . . . . . . . . . . . 24
69.
Issue of Permit Subject to Considerations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
70.
Building Permits Required
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
71.
Form of Application
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25
72.
Subdivision Subject to Zoning
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25
73.
Building Lines
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . 25
74.
Land for Public Open Space
. . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - . . 25
1S.
Structure in Street Reservation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
76.
Subdivision Design Standards
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
77.
Engineer to Design Works and Certify
Construction Layout
. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 28
78.
Developer to Pay Engineer's Fees and Charges
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
79.
Street Works May be Deferred
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 29
80.
Transfer of Streets and Utilities to Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
81.
Restriction on Sale of Lots
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
82.
Grouping of Dwellings and Landscaping
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30
(iv)
Regulalion
Page
PARTV ·USE ZONES
83.
Use Zones
. . . . - . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . - . . . . .
31
84.
Use Classes
- - - - - - - . - - - . . - . . . . . . - . . . . - - . . . . . . . . - . . . . . . . . . - - - - - . . . - .
31
85.
Permitted Uses . . . . . . . - - . . . - - . . . . - - - . . . . . . . . . . . . . . - . . . . . . . . - - . . - - - - - 31
86.
Discretionary Uses
. . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . - . - - - . . . . . .
31
87.
Uses Not Permitted
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . 32
SCHEDULES
SCHEDULE
A: Definitions
SCHEDULE
B: Classification of Uses of Land and Buildings
SCHEDULE
C: Use Zone Tables
SCHEDULE D: Off-Street Parking Requirements
SCHEDULE E: Land Use Zoning Maps
Application
Page 1
Town of Summerford Municipal Plan
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVEWPMENT REGULATIONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Summerford Development Regulat-
ions.
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
which 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 Summerford 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. Municipal Code and Regulations
The Building Code including the Plumbing Cq4e, the Fire Code, the
Electrical Code, and any other ancillary,code and any ,Building Regulations,
,,
~
~
.
',
Waste Disposal Regulation and/or any other munidpalregµlations regulating
or controlling the development, conservation and use of land in force in the
Town of Summerford, shall, under these Regulations apply to the entire
Planning Area.
S. Authority
In these Regulations, "Authority" means the Council of the Town of
Summerford.
Part I - General Regulalions
Page2
PART I- GENERALREGULATIONS
6. Compliance With Regulations
No development shall be carried out within the Planning Area except in
accordance with these Regulations.
7. Pennit 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 Authority.
8. Pennit to be ls.sued
Subject to Regulations 9 and 10, a permit shall be issued for development
within the Planning Area that conforms to:
(a)
the general development standards set out in Part II of these Regu-
lations, the requirements of Part V of these Regulations, and the use
classes, standards, requirements, and conditions prescribed in Schedule
C of these Regulations for the use zone in which the proposed
development is located;
(b)
the standards set out in the Building Code and/or other ancillary
codes, and any Building Regulations, Waste Disposal Regulations,
and/or any other municipal regulation in force in the Planning Area
regulating or controlling development, conservation and use of land
and buildings;
(c)
the standards set out in Part Ill of these Regulations in the case of
advertisement;
(d)
the standards set out in Part IV of these Regulations in the case of
subdivision;
(e)
the standards of design and appearance established by the Authority.
9. Permit Not to be Issued in Certain Cases
Neither a permit nor outline planning permission shall be issued for
development within the Planning Area when, in the opinion of the Authority,
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
Part I - General Regulations
Page3
necessary by the Authority and such cost shall attach to and upon the property
in respect of which it is imposed.
10. Discretionary Powers of Authority
In considering an application for a permit or for outline planning permission
to carry out development, the Authority shall take into account the policies
expressed in the Municipal Plan and any further scheme, plan or regulations
pursuant thereto, and shall assess the general appearance of the development
of the area, the amenity of the surroundings, availability of utilities, public
safety and convenience, and any other considerations which are, in its opinion,
material, and notwithstanding the conformity of the application with the
requirements of these Regulations, the Authority 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.
11. Variances by Authority
(1)
Where a permit cannot be granted because the proposed development
does not comply with these Regulations, the Authority may in its
discretion vary the requirements
to literal conformity with the
Regulations if, in the Authority's opinion, the requirements would
prejudice the proper development of the land, building or structure in
question, or be contrary to the public interest.
(2)
Variance from these Regulations pursuant to Regulation 11(1) shall
only be authorized in the following circumstances:
(a)
if, in the opinion of the Authority, such variance is not contrary
to the general intent and purpose of these Regulations, the
Municipal Plan, or any further scheme, plan or regulation
pursuant thereto, and the public interest;
(b)
if, prior to authorization of such variance, the Authority has
considered its effect on adjoining properties;
(c)
if the variance does not change the permitted use of the
property;
Part I - General Regulations
Page4
(d)
if the Authority is satisfied that the variance has not become
necessary due to the intentional or negligent conduct of the
owner or some other party acting with the owner's knowledge
or consent;
(e)
if, prior to authorization of such variance, the Authority has
given notice of the application in accordance with Regulation
22 and has considered any objections or representations which
may have been received on the matter.
(3)
Variance from these Regulations pursuant to Regulation 11 (1) shall
not be authorized if such variance, when considered together with
other variances made or to be made in respect of the same land,
building or structure, would have a cumulative effect contrary to the
general intent of these Regulations, the Municipal Plan, or any further
scheme, plan or regulation pursuant thereto, even though the variances
individually would not have such effect.
12. Service Levy
(I)
The Authority 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 Authority of constructing or improving the
public works referred to in Regulation 12(1) that are necessary for the
real property to be developed in accordance with the standards
required by the Authority 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 benefitted by the public works
related to all the real property so benefi tted; and,
(b)
the density of development made capable or increased by the
public work.
Part I - General RegulaJions
Page5
(4)
The Authority may require a service levy to be paid by the owner of
the real property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real property commences;
(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
13. Financial Guarantees by Developer
(1)
The Authority may require a developer before commencing a develop-
ment 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 13( I) may be made in
the form of:
(a)
a cash deposit from the developer, to be held by the Authority,
or;
(b)
a guarantee by a bank, or other institution acceptable to the
Minister, 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 Authority.
14. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 74,
the Authority 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 Authority in accordance with the provisions of the Act.
15. Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased,
the Authority 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,
Part I - General Regulations
Page6
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 Authority and shall put the
site in a clean and sanitary condition to the satisfaction of the Authority.
16. Fonn of Application
(1)
An application for a development permit or for outline planning
permission shall be made only by the owner or by a person authorized
by the owner to the Authority on such form as may be prescribed by
the Authority, and every application shall include such plans, specifica-
tions and drawings as the Authority may require, and be accompanied
by the permit fee required by the Authority.
(2)
The Authority shall, on request, supply to every applicant a copy of the
application forms referred to in Regulation 16(1) and a description of
the plans, specifications and drawings required to be provided with the
application.
17. Register of A ppllcation
The Authority shall keep a public register of all applications for development,
and shall enter therein the Authority's decision upon each application and the
result of any appeal from that decision.
18. Defennent of Application
(1)
The Authority may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations
which have not been determined by the Authority and on which a
decision has not been communicated to the applicant within eight
weeks of the receipt thereof by the Authority, and on which con-
sideration has not been deferred in accordance with Regulation 18(1),
shall be deemed to be refused.
Part I - General Regulations
Page 7
19. Outline Planning Permission
(1)
The Authority may grant outline planning permission for the erection,
alteration or conversion of a building if, after considering an appli-
cation for outline planning permission 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 outline planning permission is granted under this Regulation,
it shall be subject to the subsequent approval by the Authority of such
details as may be listed in the outline planning permission, which shall
also specify that further application for approval of these details shall
be received not later than two years from the grant of outline planning
permission.
20. Development Pennit
(1)
A plan or drawing which has been approved by the Authority and
which bears a mark and/or signature indicating such approval together
with a permit shall be deemed to be permission to develop land in
accordance with these Regulations but such permission shall not
relieve the applicant from full responsibility for obtaining permits or
approvals under any other regulation or statute prior to commencing
the development; from having the work carried out in accordance with
these Regulations or any other regulations or statutes; and from
compliance with all conditions imposed thereunder.
(2)
The Authority may attach to a permit or to outline planning permis-
sion 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)
Where the Authority deems necessary, permits may be issued on a
temporary basis for a period not exceeding two years, which may be
extended in writing by the Authority for further periods not exceeding
two years.
Porf I - General Regulations
(4)
A permit is valid for such period, not in excess of two years, as may be
stated therein, and if the development has not commenced, the permit
may be renewed for a further period not in excess of one year, but a
permit shall not be renewed more than once, except in the case of a
permit for an advertisement, which may be renewed in accordance with
Part III of these Regulations.
(5)
The approval of any application and plans or drawings or the issue of
a permit shall not prevent the Authority from thereafter requiring the
correction of errors, or from ordering the cessation, removal of, or
remedial work on any development being carried out in the event that
the same is in violation of this or any other regulations or statute.
(6)
The Authority may revoke a permit for failure by the holder of it to
comply with these Regulations or any condition attached to the permit
or where the permit was issued in error or was issued on the basis of
incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications
upon which a permit to develop has been issued by the Authority.
(8)
There shall be kept available on the premises where any work, matter
or thing in being done for which a permit has been issued, a copy of
the permit and any plans, drawings or specifications on which the issue
of the permit was based during the whole progress of the work, or the
doing of the matter or thing until completion.
21. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions
to a permit, state the reasons for so doing.
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eg~ri!::.Qr·-1)Wil~~1··1~1W.!tb~ ~m1~~i-·-··i'i~ri4µ:·~~t~ti.ii-~hs~i1,liEP~f~gr)J'flm:1t~1:9i;~9Gm?'11;
4g;,
22. Notice or Application
The Aulhorily may, and when a variance is necessary under Regulations 11
~n~i'!J1~:1;{},\ithl?tff.Y,1 »:t§h~~ :tg sill\si(t~ri'\yH~m~i \9'~iff!\8h~~ , ~4sliI*1lxAr!iID~s:,
when a change in nonconforming use is lo be considered under Regulation 45,
or when the development proposed is listed as a discretionary use in
Amended 1997 05 16
Part I - General Regulations
Page9
Schedule C of the Regulations shall, at the expense of the applicant, give
notice of an application for a permit or for outline planning permission, by
public advertisement in a newspaper circulating in the area or by any other
means deemed necessary.
23. Right of Entry
The Authority, the Director, or any inspector 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
Authority is empowered to regulate.
24. 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 Authority.
25. Stop Work Order and Prosecution
(I)
Where a person begins a development contrary or apparently contrary
to these Regulations, the Authority 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
25(1) is guilty of an offence under the provisions of the Act.
26. Local Board of Appeal Established
A Local Board of Appeal shall be appointed to hear all appeals arising from
these Regulations.
27. Appointment of Local Board of Appeal
(1)
The Authority may, subject to the approval of the Minister, appoint
not less than three and not more than five persons to constitute the
Local Board of Appeal.
Part I - General Regulations
Page JO
(2)
The Authority under Regulation 27(1) shall not appoint elected or
appointed officials of the Authority to be members of the Local Board
of Appeal.
(3)
Every member of the Local Board of Appeal shall be appointed for
such periods, not exceeding the term of office of the Authority, as may
be deemed appropriate by the Authority, and shall be eligible for re-
appointment.
(4)
The Local Board of Appeal shall be presided over by a Chairman
appointed from among its members by the Authority or in the absence
of the Chairman, such member as the members present shall from
among themselves appoint.
(5)
A majority of the members of the Local Board of Appeal shall
constitute a quorum.
(6)
The Authority may by a two-thirds vote of its members provide for
remuneration to be paid to members of the Local board of Appeal and
may prescribe the amount.
(7)
Where a Local Board of Appeal has been appointed and approved
under Regulation 27(1), the Clerk of the Authority shall be the
Secretary of that Local Board of Appeal.
28. Appeal Board to Act as Local Board of Appeal
Where a Local Board of Appeal has not been appointed and approved by the
Minister under Regulation 27(1), the appropriate Appeal Board established
under the provisions of the Act shall be deemed to have been appointed as
the Local Board of Appeal, and shall carry out the functions and exercise the
same powers as if it were appointed a Local Board of Appeal under
Regulations 27(1), but it shall not be obliged to hold appeal hearings within
the Planning Area or to hear appeals within the time limits established under
these Regulations.
Part I ~ Generlll Regulations
Poge 11
29. Appeals to Local Board of Appeal
(I)
The Local Board of Appeal shall hear appeals from decisions of the
Authority made under these Regulations and shall either confirm the
decision or recommend to the Authority that the decision be varied or
reversed.
(2)
Any person may appeal to the Local Board of Appeal from a decision
of the Authority made under these Regulations.
(3)
An appeal shall be submitted in writing to the Authority within thirty
(30) days of the date of the decision appealed from, ~li:~JJili!JslVA§!:i~i'\;
~pp~)1,iL~~~,]t§i.!~,~J'iP4.iBi{itj JIXC: .it\i'ifiifo!i ~s1~1:~1;i)JJ~#fai)gli-~n#il~l?pfa~(i, and
shall state the circumstances and grounds of the appeal.
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APR#~).''.g§~r#~i'§yii!Jii\1~~12Tth#i:'N!ii1i$\~ri'.9f;!'M\'i~iffip~fiilJ:r):sttg£g;}i(j)£\M
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m.~~~Hilf!!~i,~Pi~~,%1iif~~::~!f~lll&~i:~m ~iiil?\\l!\l\~§1~21UhF P:it§'S!irigt\l,ti9!lli9r
m~1:~~1Jrl?r!t¥:1~n~,m§,l\r~~~x11b#r'. m~:l~~g,f§h~jilr6rr~~&11,µ9~r$t~ 1~1?r~~rn
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(4)
Within one week of receiving an appeal, the Authority shall forward
it to the Local Appeal Board together with \llf~i\'.¥tj\ifi'.~q((,l~~iJ9 a copy
of the application appealed from and all other correspondence, plans
and pertinent information.
(5)
The Local Board of Appeal shall meet to hear an appeal within sixty
calendar days after that appeal has been filed with the Authority, and
shall make its decision known in writing to the Authority and to the
appellant within two weeks of hearing the appeal.
(6)
The Authority, the appellatJt,, and any other. person likely to be
affected by the appeal, shall be advised. of the time .. and place of the
appeal hearing by the Secretary at least one week before the appeal
is to be heard.
(7)
The Authority and the appellant are entitled, but are not bound, to
appear before the Local Board of Appeal either personally or by
representatives appointed by them.
(8)
The Local Board of Appeal shall consider and determine each appeal
in accordance with the intent or these Regulations and the Municipal
Plan and any further plan, scheme or regulations that are in force,
Amended 1997 OS 16
Part 1 - General Regulalions
Page 12
having due regard to the circumstances and merits of the particular
case and the use of discretionary powers by the Authority.
(9)
In determining an appeal, the Local Board of Appeal shall be bound
by the Municipal Plan and any further scheme or plan that is in force
under the Act.
(10)
Every member of a Local Board of Appeal shall be subject to the
provisions of the Municipalities Act with respect to conflict of interest
as if he were a councillor elected under that Act.
(11)
The decision of a majority of the members of the Local Board of
Appeal present, excluding all members prohibited from voting because
of conflict of interest, shall be the decision of the Board whose
decision shall not be subject to further appeals to any other Appeal
Board constituted under the Act.
(12)
If a Local Board of Appeal is unable to decide an appeal because of
the conflict of interest of a majority of its members, the Authority
shall, subject to the approval of the Minister, and for that appeal only,
appoint other persons to replace those members so affected.
30. Effect of Decision by Local Board of Appeal
11r1t1n1~mD!ii!ll'l~9!Vllli,~'f!tl't-i,g!'fil99i¥9~,iq!m1&91llm~
1111~11&1-~9m!l?J!illill1Im11§~!il!l~1111mt1:~1
31. Development May Not Proceed
Where an appeal is made from a decision of the Authority, the development
concerned shall not proceed pending a decision on the appeal and the
subsequent issue of all required permits.
Amended 1992 11 27
Part I
General J~eg11!a1io11s
Page 12
having due regard to the circumstances and merits of the particular
case and the use of discretionary powers by the Authority.
(9)
In determining an appeal, the Local Board of Appeal shall be bound
by the Municipal Plan and any further scheme or plan that is in force
under the Act.
(JO)
Every member of a Local Board of Appeal shall be subject to the
provisions of the Municipalities Act with respect to conflict of interest
as if he were a councillor elected under that Act.
(11)
The decision of a majority of the members of the Local Board of
Appeal present, excluding all members prohibited from voting because
of conflict of interest, shall be the decision of the Board whose
decision shall not be subject to further appeals to any other Appeal
Board constituted under the Act.
(12)
If a Local Board of Appeal is unable to decide an appeal because of
the conflict of interest of a majority of its members, the Authority
shall, subject to the approval of the Minister, and for that appeal only,
appoint other persons to replace those me111bers so affected.
30. Effect of Decision by Local Board of Appeal
t11~1t~\i(h§6\:Y·!!~h~H! \J~!\J9Wt~:fa$ ~~1:t.Y.i.9\Hti\~ ~~X%liln: 9r.Jfa~:·t::~s~Ji~9ilt#i if!:~
~t?i?~H!iw.u1·~.tt.Iil.~s1§1§n.1~11~.11::G~·-:IjJ#4.\!lliil?.ii.:~11. :n~rn~-~.:.
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10\ll~g~i'!1m1:11~~11~~1111111~i1~:1.gxi~u1#Pn~n~giii'tifagr~t·J.~~s1111n:i1~Q;;1~1gl!.t:.s~~§t~:r;;;!~ff!
~Pl§#Jl~·!:t9,f!:ilftgg~yiit~\1'\l~i!;tq,)i:\W~li\f~~l!P~\Q.,li.,~yiil!!~t!Ji~Pml!Jmit'1i!l.~.sl~t:l.fa'l~fi\;gk~rihii
i.Q.(~ill~ll ~Jl!]fa~l·R~!g!;if9'\n!];!\§rilh.~r:';j?yJtft~[i1\1\'th£1r1!x'i!i'~69!'ll)~'iRRF'\\'\!l§~\\l;!#!ti?X
&il.P~111~!1!41ir§9i;9r~t~r'.1n::1Mm~s:1~1911;:
31. Development May Not Proceed
Where an appeal is made from a decision of the Authority,. the development
concerned shall not proceed pending a decision
011 the appeal and the
subsequent issue of all required permits.
Section 30 - Amended 1992 11 27
Section 30.l - Amended 1997 05 16
Pan 11 - General Developmenl Standards
Page 13
PARTil-GENERALDEVELOPMENTSTANDARDS
32. Ace- and Service Streets
(1)
Access shall be located to the specification of the Authority so as to
ensure the greatest possible convenience and safety of the street system
and the Authority may prescribe the construction of service streets to
reduce the number of accesses to collector and arterial streets.
(2)
No vehicular access shall be closer than 10 metres to the street line of
any street intersection.
33. Accessory Buildings
(I)
Accessory buildings shall be clearly incidental and complementary to
the use of the main buildings in character, use and size, and shall be
contained on the same lot.
(2)
No accessory building or part thereof shall project in front of any
building line.
(3)
The sideyard requirements set out in the use zone tables in these
Regulations shall apply to accessory buildings wherever they are
located on the lot but accessory buildings on two (2) adjoining prop-
erties may be built to property boundaries provided they shall be of
fire resistant construction and have a common firewall.
34. Advertisements
Advertisements shall not be erected or displayed except in accordance with
Part III of these Regulations.
35. Buffer Strips
Where any industrial development permitted in any Use Zone abuts an
existing or proposed residential area, or is separated from it by a road only,
the owner of the site of the industrial development shall provide a buffer strip
not less than ten (I 0) metres wide between any residential activity and the
industrial area.
The buffer shall include the provision of such natural or
structural barrier as may be required by the Authority and shall be maintained
by the owner or occupier to the satisfaction of the Authority.
Part II - General Development Standards
Page 14
36. Building Height
The Authority may permit the erection of buildings of a height greater than
that specified in Schedule C, but in such cases the building line setback and
rearyard requirements shall be varied as follows:
(1)
The building line setback shall be increased by 2 metres for every 1
metre increase in height.
(2)
The rearyard shall not be less than the minimum building line setback
calculated as described in ( 1) above pl us 6 metres.
37. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or
proposed street or service 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 in Schedule C of these Regulations.
38. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that
is adequate in size to accommodate the number of persons living in the group,
inclusive of staff, provided that in the opinion of the Authority, the use of the
dwelling does not materially differ from, nor adversely affect, the amenities
of the adjacent residences, or the neighbourhood in which it is located. The
Authority may require special access and safety features to be provided for
the occupants before occupancy is permitted.
39. Height Exceptions
The height requirements prescribed in Schedule C of these Regulations may
be waived in the case of communication masts and antennae, flagpoles, water
towers, spires, belfries, or chimneys, but any such waiver which results in an
increase of more than 20% in the permitted height of the structure shall only
be authorized under the provisions of Regulation 11.
40. Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be
erected or used unless it complies with the following requirements:
(a)
The structure shall be at least 600 m from a residence, (except
a farm residence or a residence which is a non-conforming use
Part II - General Devewpme111 Standards
Page 15
in any zone in which agriculture is a permitted use class in the
Use Zone Tables in Schedule C of these Regulations), and,
from an area designated for residential use in an approved
Plan, and, from a Provincial or Federal Park.
(b)
The structure shall be at least 60 m from the boundary of the
property on which it is to be erected.
(c)
The structure shall be at least 90 m from the centre line of a
street.
(d)
The erection of the structure shall be approved by the Depart·
ment of Forestry & Agriculture and the Department of Envi-
ronment & Lands.
(2)
No development for residential use shall be permitted within 600 m of
an existing structure designed to contain more than five animal units
unless the development is first approved by the Department
of
Forestry & Agriculture.
41. 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 comput-
ing the area thereof available for building purposes.
42. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more
lots already exist in any residential zone, with insufficient frontage or area to
permit the owner or purchaser of such a lot or lots to comply with the
provisions of these Regulations, then these Regulations shall not prevent the
issuing of a permit by the Authority for the erection of a dwelling thereon,
Part II - General Deve/opmenl Standards
Page 16
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.
43. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C
of these Regulations, no residential or commercial building shall be erected
unless the lot on which it is situated fronts directly onto a street or forms part
of a Comprehensive Development Scheme.
44. Mobile Homes
(1)
Groups of more than five mobile homes shall be located only in
approved mobile home parks and mobile home subdivisions in
Residential
Use Zones so designated and shall conform to the
requirements of the Provincial Mobile Home Development Regu-
lations currently in effect.
(2)
No development permit shall be issued for a mobile home lot unless
it conforms with the requirements of Regulation 23 of the Mobile
Home Development Regulations.
45. Non-Conforming Uses
(1)
Any legal use of buildings or land at the date of the coming into effect
of these Regulations may although not conforming with the Regulat-
ions of the Use Zone in which they are located:
(a)
be continued, or;
(b)
be changed to another non-conforming use if after notice of an
application to change the use has been given in accordance with
Regulation 22 and consideration given to any objections or
representations which may have been received on the matter,
it is the Authority's opinion, that the new use is more com-
patible with the permitted use(s) in the Use Zone in which the
building is located.
(2)
A building, which is legally used for a purpose not permissible within
the zone in which it is located, shall not be enlarged, extended,
reconstructed, or altered structurally, unless such building is thereafter
to be used for a purpose permitted within that zone, provided that:
Part II - General Development Standards
Page 17
(a)
the interior of such building may be permitted by the Authority
to be reconstructed or altered, in order to render it more
convenient or commodious for the same purpose for which such
building is legally used;
(b)
any building which at the date of the coming into effect of these
Regulations is being used in a zone where such use is not
permissible may be permitted by the Authority to be altered
structurally or extended by not more than fifty percent of its
original floor area if such alterations or extensions conform to
all the requirements of these Regulations except those per·
taining to land use, and are confined to the existing lot.
(3)
A building which is legally used for any purpose but which does not
conform to the Regulations of the Use Zone in which it is located, and
which subsequently suffers damage or deterioration
to an extent
greater than fifty percent of its replacement value, excluding land, shall
not be reconstructed except in conformity with the Regulations for the
Use Zone in which such building is located, provided that:
(a)
the owner of such building may within one year of such damage
taking place make application to the Authority for a permit to
reconstruct the building for the same purpose for which it was
legally used.
(b)
the Authority shall before the expiration of sixty (60) days from
the day on which a complete application is received to construct
such a building;
(i)
serve a notice of expropriation in accordance with the
Act, or;
(ii)
indicate its willingness to issue a permit to develop
providing that the reconstruction of the building con-
forms to all the requirements of these Regulations
except those pertaining to land use, and that any such
development takes place within the existing curtilage of
the lot.
Part II - General Development Standards
Page 18
46. 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 Authority and any other
authority having jurisdiction.
47. Offstreet Parking Requirements
(I)
For every building, structure or use to be erected, enlarged or
established, there shall be provided and maintained a quantity of off-
street parking spaces sufficient to ensure that the flow of traffic on
adjacent streets is not impeded by the on-street parking of vehicles
associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building,
structure, use of occupancy shall conform to the standards set out in
Schedule D of these Regulations.
(3)
Each parking space, except in the case of one or two-family 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.
(4)
The parking facilities required by this Regulation shall, except in the
case of single or attached dwellings, be arranged so that it is not
necessary for any vehicle to reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four
vehicles are required or permitted:
(a)
parking space shall mean an area of land, not less than 15 my
in size, capable of being used for the parking of a vehicle
without the need to move other vehicles on adjacent areas;
Pan II - General Developmenl Standards
Page/9
(b)
the parking area shall be constructed and maintained to the
specifications of the Authority;
(c)
the lights used for illumination of the parking area shall be so
arranged as to divert the light away from adjacent development;
(d)
a structure, not more than 3 m in height and more than 5 my in
area may be erected in the parking area for the use of attend-
ants in the area;
(e)
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;
(f)
no part of any off-street parking area shall be closer than 1.5 m
to the front Jot line in any zone;
(g)
access to parking areas in non-residential zones shall not be by
way of residential zones;
(h)
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 Jot lines;
(i)
where, in the opinion of the Authority, strict application of the
above parking requirements is impractical or undesirable, the
Authority may as a condition of a permit require the developer
to pay a service levy in accordance with these Regulations m
lieu of the provision of a parking area, and the full amount of
the levy charged shall be used by the Authority for the provi-
sion and upkeep of alternative parking facilities within the
general vicinity of the development.
48. Off-Street Loading Requirements
(1)
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.
Pan II - General Devekipment Standards
Page20
(2)
The number of loading spaces to be provided shall be determined by
the Authority.
(3)
The loading facilities required by this Regulation shall be so ammged
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.
49. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation
areas or the establishment of parks and playgrounds in any zones provided
that such parks and playgrounds are not located in areas which may be
hazardous to their use and are not operated for commercial purposes.
50. Screening and Landscaping
The Authority may, in the case of existing unsightly development, order the
owner or occupier to provide adequate and suitable landscaping or screening;
and for this purpose may require the submission of an application giving
details of the landscaping or screening, and these Regulations shall then apply
to that application.
The provision of adequate and suitable landscaping or
screening may be made a condition of any development permit where, in the
opinion of the Authority, the landscaping or screening is desirable to preserve
amenity, or protect the environment.
51. Services and Public Utilities
The Authority may within any zone permit land to be used in conjunction with
the provision of public services and public utilities if the use of that land is
necessary to the proper operation of the public service or public utility
concerned provided that the design and landscaping of any development of
any land so used is, in the opinion of the Authority, adequate to protect the
character and appearance of the area.
52. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such
purpose, and to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
Part /I - General Development Standards
Page 21
(c)
Accesses shall not be less than 7 metres wide and shall be clearly
marked, and where a service station is located on a comer lot, the
minimum distance between an access and the intersection of street
lines at the junction shall be 10 metres and the lot line between
entrances shall be clearly indicated.
53. Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the
exposed sides of every building in order to provide access for the maintenance
of that building.
54. Street Construction Standards
A new street may not be constructed except in accordance with and to the
design and specifications laid down by the Authority.
SS. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only, and for the
purposes of calculating lot area and yard requirements, shall be considered
part of the self·contained dwelling.
56. 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.
57. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which
are designed to form part of a zero lot line development or other comprehen·
sive layout which does not, with the exception of dwelling unit floor area,
meet the requirements of the Use Zone Table in Schedule C, provided that
the dwellings are designed to provide both privacy and reasonable access to
natural daylight and the overall density within the layout conforms to the
regulations and standards set out in the Use Zone Table apply where the
layout adjoins other development.
Part Ill - Advertiseme111s
Page22
PART ill - ADVERTISEMENTS
58. Permit Required
Subject to the provisions of Regulation 63, no advertisement shall be erected
or displayed in the Planning Area unless a permit for the advertisement is
first obtained from the Authority.
59. Form or Application
Application for a permit to erect or display an advertisement shall be made
to the authority in accordance with Regulation 16.
60. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or
over any highway or street reservation.
61. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an
advertisement shall be for a limited period, not exceeding two years, but may
be renewed at the discretion of the Authority for similar periods.
62. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may
require the removal of any advertisement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its siting, colour, illumination,
or structural condition, or;
(b)
detrimental to the amenities of the surrounding area.
63. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning
Area without application to the Authority:
(a)
on a dwelling or within the curtilage of a dwelling, one nameplate not
exceeding 0.2 my in area;
(b)
on an agricultural holding or farm, a notice board not exceeding l my
in area and relating to the operations being conducted on the land;
(c)
on land used for forestry purposes, signs or notices not exceeding 1 my
in area and relating to forestry operations or the location of logging
operations conducted on the land;
PIJl't 111 - Advertisements
Page2.'I
(d)
on land used for mining or quarrying operations, a notice board not
exceeding 1 my in area relating to the operation conducted on the
land;
(e)
on a dwelling or within the curtilage of a dwelling, one nameplate not
exceeding 0.2 my in area in connection with the practice of a profes-
sional person carried on in the premises;
(t)
on any site occupied by a church, school, library, art gallery, museum,
institution or cemetery, one notice board not exceeding 1 my in area;
(g)
on the principal facade of any commercial, industrial or public
building, the name of the building or the name of the occupants of the
building, in letters not exceeding one-tenth of the height of that facade
or 3 m, whichever is the lesser;
(h)
on any parking lot directional signs and one sign not exceeding 1 my
in size, identifying the parking lot.
64. Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements
which comply with the appropriate conditions and specifications set out in the
Use Zone Tables in Schedule C of these Regulations.
65. Non-Conforming Uses
Notwithstanding the provisions of Regulation 58, a permit may be used for the
erection or display of advertisements on a building or within the curtilage 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 Authority.
Part N - Subdivision of Land
Page 24
PART IV - SUBDIVISION OF LAND
66. Permit Required
No land in the Planning Area shall be subdivided unless a pennit for the
development of the subdivision is first obtained from the Authority.
67. Services to be Provided
No permit shall be issued for the development of a subdivision unless
provisions satisfactory to the Authority 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.
68. 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
Authority 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 Regulations 12 and 13.
69 Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Authority, the
development of a subdivision does not contribute to the orderly growth of the
municipality and does not demonstrate sound design principles. In consider-
ing an application, the Authority 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;
Part N - Subdivision of Land
Page25
(I)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
70. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, 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.
71. Fonn of Application
Application for a permit to develop a subdivision shall be made to the
Authority in accordance with Regulation 16.
72. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use
Zones delineated on the Zoning Maps.
73. Building Lines
The Authority may establish building lines for any subdivision street and
require any new building to be located on such building lines.
74. Land for Public Open Space
(1)
Before a development commences, the developer shall, if required,
dedicate to the Authority, at no cost to the Authority, an area of land
equivalent to not more than JO% of the gross area of the subdivision
or 25 my for every dwelling unit permitted in the subdivision, which-
ever is the greater, for public open space, provided that:
(a)
where land is subdivided for any purpose other than residential
use, the Authority shall determine the percentage of land to be
dedicated;
(b)
if, in the opinion of the Authority, no public open space is
required, the land may be used for such other public use as the
Authority may determine;
Part N - Subdivision of lAnd
Page26
(c)
the location and suitability of any land dedicated under the
provisions of this Regulation shall be subject to the approval of
the Authority but in any case, the Authority shall not accept
land which, in its opinion is incapable of development for any
purpose;
(d)
the Authority may accept from the developer in lieu of such
area or areas of land the payment of a sum of money equal to
the value of the land which would otherwise be required to be
dedicated;
(e)
money received by the Authority in accordance with Regulation
74(1)(d) above, shall be reserved by the Authority 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 Authority and may be sold or leased by the
Authority 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 Authority 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 Authority, constitute the requirement of
land for public use under Regulation 74(1).
75. 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 Authority which shall be
satisfied on the question of safe construction and relationship to the adjoining
buildings and other structures within the street reservation.
Part TV - Subdivision of Land
Page27
76. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these
Regulations unless the design of the subdivision conforms to the following
standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter
of not less than 30 m.
(c)
The maximum length of any cul de sac shall be:
(i)
200m in areas served by or planned to be served by municipal
piped water and sewer services, as shown in the map and letter
of agreement signed by the Municipality and the Minister of
Municipal and Provincial Affairs in connection with municipal
five-year capital works program eligibility.
(ii)
300m in areas not served by or planned to be served by
municipal piped water and sewer services.
(d)
Emergency vehicle access to a cul de sac shall be not less than 3 m
wide and shall connect the head of the cul de sac with an adjacent
street.
(e)
No cul de sac shall be located so as to appear to terminate a collector
street.
(f)
New subdivisions shall have street connections with an existing street
or streets.
(g)
All street intersections shall be constructed within 5 ° of a right angle
and this alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street
intersection.
(i)
No more than four streets shall join at any street intersection.
G)
No residential street block shall be longer than 490 m between street
intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with
the approved standards of the Authority, but in the absence of such
standards, shall conform to the following minimum standards:
Part N - Subdivision of Land
Page 28
Type of Street
Street
Pavement
Sidewalk
Sidewalk
Reservation
Width
Width
Number
Arterial Streets
30m
15 m
I.Sm
discretion
of Council
Collector Streets
20m
15 m
I.Sm
2
Local Residential Streets:
where more than SO%
15 m
9m
I.Sm
I
of the units are single or
double dwellings;
where 50 % or more of
20m
9m
I.Sm
2
the units are row
houses or apartments.
Service Streets
15 m
9m
I.Sm
discretion
of Council
(I)
No lot intended for residential purposes shall have a depth exceeding
four times the frontage.
(m)
Residential lots shall not be permitted which abut a local street at both
front and rear lot lines.
(n)
The Authority may require any existing natural, historical or architec·
tural feature or part thereof to be retained when a subdivision is
developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
77. 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 Authority 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
Authority, be incorporated in the plan of subdivision.
(2)
Upon approval by the Authority 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,
Parr N - Subdivision of Land
Page29
sanitary sewers and all appurtenances and of all such streets and other
works deemed necessary by the Authority to service the said area.
78. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority 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 of Newfoundland and in effect at
the time the work is carried out.
19. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins,
sidewalks and paving specified by the Authority as being necessary, may, at
the Authority's discretion, be deferred until a later stage of the work on the
development of the subdivision but the developer shall deposit with the
Authority 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
Authority 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 Authority the amount of the excess. If the
contract price is less than the deposit, the Authority shall refund the amount
by which the deposit exceeds the contract price. Any amount so deposited
with the Authority 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.
80. Transfer of Streets and Utilities to Authority
(1)
The developer shall, following the approval of the subdivision of land
and upon request of the Authority, transfer to the Authority, at no cost
Pan N - Subdivision of Land
Page30
to the Authority, 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 Authority for public
uses as streets, or other rights-of-way, or for other public use;
(b)
all services or public works including streets, water supply and
distribution and sanitary an storm drainage systems installed in
the subdivision that are normally owned and operated by the
Authority.
(2)
Before the Authority shall accept the transfer of lands, services or
public works of any subdivision, the Engineer shall, at the cost to the
developer, test the streets, services and public works installed in the
subdivision and certify his satisfaction with their installation.
(3)
The Authority 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 Authority.
81. 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
Authority 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.
82. 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 Authority, shall not be
changed without written application to and subsequent approval of the
Authority.
Pan V - Use :zones
Page JI
PART V - USE ZONES
83. 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 83(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
Authority may in its discretion, determine the standards, requirements
and conditions which shall apply.
84. 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 Authority in accordance with
the classification and examples set out in Schedule B.
85. 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 Authority in that Use Zone.
86. 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 Authority 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 Authority has given notice of the
application
in accordance with Regulation
22 and has considered any
objections or representations which may have been received on the matter.
Part V - Use Zones
Page32
87. Uses Not Pennitted
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.
Schedule A - Definitions
Pagel
SCHEDULE A
DEFINITIONS
ACCESS: A way, intended for use by vehicles, pedestrians or animals as a means of
going from a road, street or highway to land adjacent to it.
ACCESSORY BUILDING: A detached subordinate building not used for human
habitation, located on the same lot as the main building structure or use to which it
is accessory, the use of which is naturally or customarily incidental and comple-
mentary to the main use of the building, land or structure, and shall include:
(a)
in the case of 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;
(b)
in the case of commercial uses: workshops or garages;
(c)
in the case of industrial uses: garages, offices, raised ramps and docks.
ACT: The Urban and Rural Planning Act.
ADVERTISEMENT: 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: 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 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.
Schedule A - Definitions
Page2
AMUSEMENT USE: 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: Any one of the following animals or groups of animals:
1 bull;
lOOJ broiler chickens or roosters (1.8 - 2.3 kg each);
1 cow (including calf);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based
on 453.6 kg = I unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
APARTMENTBUILDING: A building containing three or more dwelling units, but
does not include a row dwelling.
APPEAL BOARD: The appropriate Appeal Board established under the Act.
ARTERIALSTREET: The streets in the Planning Area constituting the main traffic
arteries of the area and defined as arterial streets or highways in the Municipal Plan
or on the Zoning Map.
BOARDING HOUSE: A dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BUILDING: Every structure, erection, excavation, alteration
or improvement
whatsoever placed on, over or under land, or attached, anchored or moored to land,
and includes mobile structures, vehicles and marine vessels adapted or constructed
for residential, commercial, industrial and other like uses, and any part of a building
as so defined and any fixtures that form part of a building.
Schedule A - Definitions
Pagel
BUILDING LINE: A line established by the Authority to set the horizontal distance
between the closest point of a building and the street line.
COLLECTOR STREET: A street that is designed to link local streets with arterial
streets and which is designated as a collector street in the Municipal Plan, or on the
Zoning Map.
DAYCARECENTRE or DAY NURSERY: 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.
DEVELOPMENT: 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 without limiting the
generality of the foregoing, shall specifically include:
(a)
the making of an access onto a highway, road or way;
(b)
(c)
the erection of an advertisement or sign;
the parking of a trailer, or vehicle of any description used for the sale
of refreshments or merchandise, or as an office, or for living accom-
modation, for any period of time;
and shall exclude:
(d)
the carrying out of works for the maintenance, improvement or other
alteration or any building, being works which affect only the interior
of the building or which do not materially affect the external appear-
ance or use of the building;
(e)
the carrying out by a highway authority of any works required for the
maintenance or improvement of a road, being works carried out on
land within the boundaries of the road reservation;
(t)
the carrying out by any local authority or statutory undertakers of any
works for the purpose of inspecting, repairing or renewing any sewers,
mains, pipes, cables or other apparatus, including the breaking open
of any street or other land for that purpose;
(g)
the use of any building or land within the curtilage of a dwelling house
for any purpose incidental to the enjoyment of the dwelling house as
such.
Schedule A - Definitions
Page4
DIRECTOR: The Director of Urban and Rural Planning.
DOUBLE DWELLING: 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: A self-contained unit consisting of one or more habitable rooms
used or designed as the living quarters for one household.
ENGINEER: A professional engineer employed or retained by the Authority.
FAMILY AND GROUP CARE CENTRE: 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:The total area of all floors in a building measured to the outside face
of exterior walls.
FRONTAGE: The horizontal distance between side lot lines measured at the
building line.
FRONTYARDDEPTII:The distance between the front lot line ofa lot and the front
wall of the main building on the lot.
GARAGE:A building erected for the storage of motor vehicles as an ancillary use
to a main building on the lot.
GENERAL INDUSTRY: 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.
Schedule A - Definitions
Page 5
GENERAL GARAGE: 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: 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.
INSPECTOR: Any person appointed and engaged as an Inspector by the Authority
or by any federal or provincial authority or the agent thereof.
INSTITUTION: 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, or
under the soil and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY: 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.
LOCALSTREET:A street designed primarily to provide access to adjoining land and
which is not designated as a collector street or arterial street in the Municipal Plan,
or on the Zoning Map.
LODGING HOUSE: A dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
LOT: Any plot, tract or parcel of land which can be considered as a unit of land for
a particular use or building.
Schedule A - Definitions
Page6
LOT COVERAGE:The combined area of all buildings on the lot measured at the
level of the lowest floor above the established grade expressed as a percentage of the
total area of the lot.
LOT AREA:The total horizonal area within the Jot lines of the lot.
MINERAL WORKING: Land or buildings used for the working or extraction of any
naturally occurring substance.
MOBILE HOME: 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 Jot,
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 Authority,
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: A mobile home development under single or joint
ownership, cared for and controlled by a mobile home park operator where
individual mobile home lots are rented or leased with or without mobile home units
placed on them and where ownership and responsibility for the maintenance and
development of site facilities including underground services, access roads, communal
areas, snowclearing 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 Authority.
MOBILE HOME SUBDIVISION: 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
Schedule A - Definitions
Page 7
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 Authority.
OWNER: Any person, firm or corporation controlling the property under consider-
ation.
PIT AND QUARRY WORKING: Carries the same meaning as Mineral Working.
REAR YARD DEPTH: The distance between the rear lot line and the rear wall of
the main building on the lot.
RF.STAURANT: A building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with meals or refreshments
for consumption on the premises.
ROW DWELLING: Three or more dwelling units at ground level in one building,
each unit separated vertically from the others.
SEASONALRESIDENCE: A dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
SERVICE STATION: 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: A street constructed parallel to or close to another street for the
purpose of limiting direct access to that street.
SHOP: 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.
Schedule A - Definitions
Page8
SHOPPING CENTRE: 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.
SIDEY ARD WIDTH: The distance between a side lot line and the nearest side wall
of any building on the lot.
SHOWROOM: 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.
STREET: Any street, road or highway or any other way designed or intended for
public use for the passage of vehicles and pedestrians, owned by the Authority or
other public agency and maintained at public expense, and is accessible to Fire
Department vehicles and equipment.
STREET LINE: The edge of a street, road or highway reservation as defined by the
authority having jurisdiction.
SUBDIVISION: The dividing of any land, whether in single or joint ownership, into
two or more pieces for the purpose of development.
SUBSIDIARY APARTMENT: A separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
TAKE-OUT FOOD SERVICE: A building in which the primary purpose is the
preparation and sale of meals or refreshments for consumption off the premises.
TA VERN: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.
USE ZONE or ZONE: An area of land including buildings and water designated on
the Zoning Map to which the uses, standards and conditions of a particular Use
Zone Table in Schedule C of the Regulations relate.
ZONING MAP: The map or maps attached to and forming part of the Regulations.
Schedule B
Pagel
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
NOTE: The classification of uses set out in the following table is based on the Classification of Typical
Occupancies included as Table 3.1.2.Aof the National Building Code of Canada, 1980. This
classification is referred to in Regulation 84.
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
1. Assembly Uses for
(a) Theatre
Motion Picture Theatres
USES
the production
T. V. Studios admitting an
and viewing of
audience.
the perfonning
arts.
2. General Assembly
(a) Cultural
Libraries
Uses
and Civic
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(b) General
Community Halls
Assembly
Lodge Halls
Dance Halls
Gy111Dasia
Auditoria
Bowling Alleys
( c) Educational
Schools
Colleges
(non- residential)
(d) Place of
Churches and similar
Worship
places of worship.
Church Halls
(e) Passenger
Passenger Terminals
Assembly
(t) Club and
Private Clubs and
Lodge
Lodges (non-residential)
(g) Catering
Restaurants
Bars
Lounges
(h) Funeral
Funeral Homes and
Home
Chapels
(i) Child Care
Day Care Centres
(j) Amusement
Electronic Games
Arcades
Pinball Parlours
Poolrooms
Scheaule B
Page2
CLASSIFICATIONOF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A.ASSEMBLY
3. Arena-type Uses
(a) Indoor
Arenas
USES
Assembly
Armouries
(continued)
Ice Rinks
Indoor Swimming
Pools
4. Open-air Assembly Uses
(a) Outdoor
Bleachers
Assembly
Grandstands
Outdoor Ice Rinks
and Swimming
Pools
Amusement Parks
and Fair-grounds
Exhibition
Grounds
Drive-in Theatres
B. INSTITU·
1. Penal and Correctional
(a) Penal and
Jails
TIONAL
Institutional Uses
Correctional
Penitentiaries
USES
Detention
Police Stations
(with detention
quarters)
Prisons
Psychiatric
Hospitals (with
detention quarters)
Reformatories
2. Special Care
(a) Medical
Children's Homes
Institutional U sos
Treatment
Convalescent Homes
and Special
Homes for Aged
Care
Hospitals
Infirmaries
Orphanages
Psychiatric
Hospitals
Sanatoria
C. RESIDENTIAL
I. Residential
(a) Single
Single Detached
USES
Dwelling
Dwelling
Dwellings
Uses
Family & Group
Homes
(b) Double
Semi-detached
Dwelling
Dwelling
Duplex Dwellings
Family & Group
Homes
(c) Row
Row Houses
Dwelling
Town Houses
Family & Group
Homes
(d) Apartment
Apartments
Building
Family & Group
Homes
Schedu,le B
Page3
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDENTIAL
2. General Residential Uses
(a) Collective
Reaidential
USES
( contioued)
Residential
Colleges &
(continued)
Schools
University &
College Halls
of Residence
Convents & Monasteries
Nurses and
Hospital Residences
(b) Boarding
Boardiog Houses
House
Lodging Houses
Residential
( c) Commercial
Hotels & Motels
Residential
Hostels
Residential Clubs
( d) Seasonal
Summer Homes &
Residential
Cabins
Hunting & Fishing
Cabins
(e) Mobile
Mobile Homes
Homes
D. BUSINESS
I. Business, Professional, and
(a) Office
Offices (including
&PERSONAL
Personal Service Uses
Government
SERVICE
Offices)
USES
Banks
(b) Medical &
Medical Offices
Professional
and Consulting
Rooms
Dental Offices &
Surgeries
Legal Offices
Similar Professional
Offices
(c) Personal
Barbers
Service
Hairdressers
Beauty Parlours
Small Appliance
Repairs
(d) General
Self-service
Service
Laundries
Dry Cleaners (not
using flammable
or explosive
substances)
Small Tool and
Appliance
Rentals
Travel Agents
Schedule B
Page4
CLASSiflCATIONOF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
1. Business,
( e) Communications
Radio Stations
PERSONAL
Professional
Telephone
SERVICE
& Personal
Exchanges
USES
Service Uses
(continued)
(continued)
(f) Police
Police Stations
Station
without
detention
quarters
(g) Taxi Stand
Taxi Stands
(h) Take-out
Take-out Food
Food Service
Service
(i) Veterinary
Veterinary
Surgeries
E. MERCANTILE
I. Retail Sale and
(a) Shopping
Shopping Centres
USES
Display Uses
Centre
(b) Shop
Retail Shops and
Stores aod
Showrooms
Department
Stores
(c) Indoor
Market Halls
Market
Auction Halls
(d) Ouldoor
Market Grounds
Market
Animal Markets
Produce aod
Fruit Stands
Fish Stalls
( e) Convenience
Coofectionary
Store
Stores
Comer Stores
Gift Shops
Specialty Shops
F. INDUSTRIAL
I. Industrial uses involving
(a) Hazardous
Bulk Storage of
USES
highly combustible and
Industry
hazardous
hazardous substances and
liquids and sub-
processes.
stances.
Chemical Plants
Distilleries
Feed Mills
Lacquer, Mattress,
Paint, Varnish,
and Rubber
Factories
Spray Painting
Schedule B
Pages
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
2. General
(a) General
Factories
USES
Industrial
Industry
Cold Storage
(continued)
Uses involving
Plants
Limited
Freight Depots
Hazardous
General Garages
Substances and
Warehouses
Processes.
Workshops
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
(b) Service
Gasoline Service
Station
Stations
Gas Bars
3. Light, Non-
(a) Light
Light Industry
b87.ardous or
Industry
Parking Garages
Non-intrusive
Indoor Storage
Industrial Uses.
Warehouses
Workshops
G. NON-
1. Uses not directly
(a) Agriculture
Commercial Farms
BUILDING
related to
Hobby Farms
USES
building
Markel Gardens
& Nurseries
(b) Forestry
Tree Nurseries
Silviculture
(c) Mineral
Quarries
Working
Pits
Mines
Oil Wells
( d) Recreational Open
Playing Fields
Space
Sports Grounds
Parks
Playgrounds
( e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural,
Historical and
Scenic Sites
Sleep Slopes
Wildlife
Sanctuaries
(f) Cemetery
Cemeteries
Graveyards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
Schedule B
Page6
CLASSIFICATION OF USES OF LAND AND BUILDINGS
ORO UP
DIVISION
CLASS
EXAMPLES
G. NON·
I. Uses not directly
(h) Solid Waste
Solid Waste
BUILDINO
related to building.
Disposal
USES
(continued)
Sanitary Land Fill
(continued)
Incinerators
(i) Animal
Animal Pounds
Kennels
Zoos
(j) Antenna
TV, Radio and
Communications
Transmitting and
Receiving Masts
and Antennae
(k) Transportation
Airfields
Railway Yards
Docks and Harbours
NOTE:
SCHEDULEC
USE ZONE TABLES
This schedule 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.
The schedule contains tables for the following Use Zones:
Residential
Mixed Development
Commercial
Open Space
Protected Watershed
Seasonal Dwelling
Rural
Mineral Working
Schedule C
Page J
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL
(Summerfor<I)
PERMTITED USE CLASSES - (see Regulation 85)
Single dwelling.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
Double dwelling, row dwelling, apartment building, mobile home, recreational open space, place
of worship, educational, convenience store, child eare, home business, fishing and marine uses,
and antenna.
STANDARDS
WHERE PERMI1TED
Single
Double
Row
APARTMENT BUILDING
Dwelling
Dwelling
Dwelling
and
Mobile
1
2
3
4
Home
Bed
Bed
Bed
Bed
Apt.
Apt.
Apt.
Apt.
Lot area (m') minimum
650
550
450
300
400
450
500
-
-
-
-
-
-
(average)
f1oor area (m') minimum
110
110
100
so
60
70
80
-
-
-
-
-
-
Frontage (m) minimum
20
35
14
42
-
(average)
Building Line Setback (m)
8
8
10
10
(minimum)
Sideyard Width (m)
2
2
2
s
(minimum)
Rearyard Depth (m)
15
15
15
15
(minimum)
Lot Coverage (%) (min-
33
33
33
33
imum)
Height (m)
8
8
10
10
(See Conditions)
- Per dwelling unit
Schedule C
Page 4
Residential Zone (cOtll'd.)
CONDITIONS
1.
Municipal Services
Where available, all development must be connected to municipal water and
sewer services.
2.
Unserviced Development
(a)
The area of land required per dwelling unit for development that is
not serviced by municipal water and sewer shall comply with the
requirements of the Department of Government Services and Land as
follows:
With a municipal piped water supply, and sewage disposal by
septic tank and tile field
With a well water supply and connection to a municipal sewer
or to a private sewer discharging directly to the sea
With a well water supply and sewage disposal by septic tank
and tile field
Minimum
Area
1400 m2
1400 m2
1860 m2
Minimum
Frontage
30 m
30 m
30m
(b)
Only single dwellings and mobile homes shall be permitted on lots
lacking full municipal water and sewer services.
3.
Subdivision Servicing
Development of a residential subdivision may be permitted, provided that it
includes a piped water supply and sewer system. The cost of installing water
and sewer shall be the responsibility of the developer.
4.
Road Frontage
All use classes, except for single dwellings, mobile homes and fishing and
marine uses, must front onto a public road.
5.
Backlot Development
Most single dwellings and mobile homes shall front onto a public road or will
be part of a new residential subdivision with roads built to Council standards.
The following conditions shall apply to residential building lots that do not
front onto a public road:
(a)
All back.lots shall have permanent access to a public road.
The
minimum access width shall be 6 metres. The responsibility for the
acquisition, construction, care and maintenance, including snow
clearing, of the access shall rest with the adjacent property owners.
Schedule C
Page5
Conditions for Resi®ntial (cont'd)
(b)
Only a single dwelling or mobile home shall be permitted to develop
on a lot that does not front onto a public road.
(c)
If municipal services are available, clearance must be obtained and
provided at the developer's expenses.
( d)
All lots must meet the mini.mum lot size requirements as well as front,
side and rear setback requirements, and floor area, lot coverage and
height requirements.
(e)
Council must review the development proposal to ensure that the
dwelling will not block access to backland with development potential.
6.
Backland Development
If Council determines that an area has potential as a residential subdivision,
15 metre road reservation must be maintained. Council will satisfy itself that
the backlot and road reservation are situated to allow for future residential
subdivision development.
7.
Discretionary Use Classes
The Discretionary Use Classes listed in this table may be permitted at the
discretion of the Authority provided that they are complementary to uses
within the permitted use classed or that their development will not inhibit or
prejudice the existence or the development of such uses.
8.
Double Dwelling, Row Dwelling, Apartment Building
Council may permit double dwellings, row dwellings or apartment buildings
provided the scale and concentration of the development does not affect the
low density character of the surrounding area and there is no negative impact
on adjoining dwellings because of loss of privacy or residential amenity.
9.
Convenience Stores
Convenience stores will only be permitted as a discretionary use under the
following conditions:
(a)
The retail use shall be subsidiary to the residential character of the
area, and shall not affect residential amenities of adjoining properties;
(b)
Adequate off-street parking is provided on-site; and
(c)
The site must meet conform to the frontage, building line setback, side
yard, lot coverage and height requirements specified for a single
dwelling.
Schedule C
Page 6
Conditions /01' Residl!ntiaJ (cont'd)
10.
Place of Worship and Educational
Place of Worship and Educational uses shall conform to the frontage, building
line setback, side yard, lot coverage and height requirements specified for a
single dwelling.
11.
Home Business
Medical, professional and personal service uses, offices, and light industrial
uses may be permitted as a discretionary use in the form of doctors'
consulting rooms, personal services, small business services, small appliance
repair, sporting goods repair service, bed and breakfast establishments,
workshops and similar uses provided that:
(a)
The use is clearly a subsidiary use to the residential use and does not
detract from the residential character of the neighbourhood.
(b)
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.
(c)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust or fumes, or inconvenience and are not
a nuisance to the occupants of adjoining residences.
(d)
The activity is carried out within the dwelling or in an accessory
building on the property. No more than twenty-five (25) percent of the
total floor area of the dwelling up a maximum of forty-five square
metres is devoted to the use. The accessory building shall not exceed
the maximum size and height specified in Condition 12.
12.
Fishing and Marine Uses
Fishing and marine uses shall be permitted provided they are located on or
adjacent to the shoreline.
13.
Accessory Buildings
Accessory buildings shall have a lot coverage no greater than 7%, up to a
maximum of 56 square metres, or a height of no more than 4 metres.
14.
Waterbody Bulfer
The Authority shall retain a buffer strip of undisturbed vegetation along the
shoreline of all waterbodies and watercourses. No development, except for
fishing or marine uses, shall be permitted closed than 15 metres to a water
body or water course.
Scheduk C
Page 7
Conditions for Residential (cOlll'd)
15.
Mineral Working Bufl'er
No dwelling shall be located within 300 metres of a pit or quarry, or within
1000 metres if blasting is involved.
16.
Referrals
Permits may be issued in the following areas only after the Authority has
referred the proposal to the appropriate government agency as identified
below:
Watercourse alternations, stream crossings or
infilling of waterbodies
Within 100 metres of Route 340
Within 300 metres of a pit or within 1000
metres of an extraction operation where blast-
ing is involved
Habitat Management Section
F"lllheries and Oceans Canada
Water Resources Division
Department of Environment and Labour
Department of Government Services and
Lands
Quarry Materials Division
Department of Mines and Energy
Schetb.lk C
Page8
USE ZONE TABLE
ZONE TITLE
MIXED DEVELOPMENT
(Summerford)
PERMITTED USE Cl.ASSES· (see Regulation 85)
All use classes within the residential dwelling uses division, mobile home and recreation open
space.
DISCRETIONARY USE Cl.ASSES - (see Regulations 22 and 86)
All use classes in the general assembly division, commercial residential, alt use classes in the
business and personal services use group, all use classes in the mercantile group except shopping
centre, service station, light industry, cemetery, and
antenna.
CONDITIONS
1.
Development Standards
(a)
The development standards for this zone shall be as follows:
(i)
Minimum Building Line Setback
8 metres
(ii)
Minimum Sideyards Width
5 metres
{iii)
Minimum Rearyard Dept.
10 metres
(iv)
Maximum Height
10 metres
{b)
Residential development shall conform to the standards of the
Residential Zone.
2.
Municipal Services
All permitted and discretionary use classes must be connected to the
municipal water and sewer systems, where available.
3.
Road Frontage
All permitted and discretionary use classes must front onto an existing public
road.
4.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertise-
ment on any lot or site occupied by a use permitted or existing as a legal non-
conforming use in this use zone, shall be as follows:
Schedule C
Page 9
Ccndidons /QI' M"rxed Development (cont'd.)
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of the Authority, having regard
to the safety and convenience of users of adjacent streets and
sidewalks, and the general amenities of the surrounding area.
{b)
No advertisement shall exceed 5 square metres in area.
5.
Advertisements Relating to OtTsite Uses
The conditions to be applied to the erection or display of an advertisement
on any site, relating to a use permitted in this or another zone, or not relating
to a specific land use, shall be as follows:
(a)
Each advertisement shall not exceed three square metres in area.
{b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the
name and nature of the distance or direction to the premises to which
they relate.
(c)
The location, siting and illumination of each advertisement shall be to
the satisfaction of the Authority, having regard to the grade and align-
ment of streets, the location of street junctions, the location of nearby
buildings and the preservation of the amenities of the surrounding
area.
6.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of the Authority 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.
7.
Non-Residential Uses
Non-residential uses listed as discretionary use classes may be permitted
provided:
(a)
The use does not jeopardize residential amenity of adjoining residen-
tial properties;
{b)
Appropriate site Jay-out minimizes any negative affects on the
surrounding area; and
(c)
Adequate off-street parking, in accordance with Schedule D, and
loading facilities are provided on-site.
Swdule C
Page IO
CooditionJ for M'ixed Development (col'lt'd.)
8.
Commercial Bulfer
Where any non-residential use abuts a residential use or residential zone, 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 use or zone. The buffer shall include the provision of grass strips,
hedges, trees or shrubs, or structural barriers as may be required by the
Authority, and shall be maintained by the owner or occupier to the satisfac-
tion of the Authority.
9.
Accessory Building
Accessory buildings shall have a lot coverage no greater than 7%, to a
maximum of 56 square metres, or a height of no more than 3 metres.
10.
Waterbody Buffer
The Authority shall retain a buffer strip of undisturbed vegetation along the
shoreline of all waterbodies and watercourses. No development, except for
fishing or marine uses, shall be permitted closed than 15 metres to a water
body or water course.
11.
Referrals
Permits may be issued in the following areas only after the Authority has
referred the proposal to the appropriate government agency as identified
below:
Watercourse alternations, stream crossings or
Habitat Management Seaion
infilling of waterbodies
F'1Sheries and Oceans Canada
Within 100 metres of Route 340
Within 300 metres of a pit or within 1000
metres of an extraction operation where blast-
ing is involved
Within 1.6 kilometres of a waste disposal site
Water Resources Division
Department of Environment and Labour
Department of Government Services and
Lands
Quarry Materials Division
Department of Mines and Energy
Department of Government Services and
Lands
Schedule C
Page 11
USE ZONE TABLE
ZONETITLE
COMMERCIAL
(Summerford)
PERMTITED USE CLASSES - (see Regulation 85)
Passenger assembly, club and lodge, catering, funeral home, amusement, commercial residential,
all uses in the BU$iness and Personal Service Uses Group, and all uses in the Mercantile Uses
Group.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
General industry, light industry, service station and antenna.
CONDITIONS
1.
Development Standards
2.
The development standards for this zone shall be as follows:
(a)
Minimum Building Line Setback
15 metres
(b)
Minimum Sideyard Width
5 metres
(c)
Minimum Rearyard Depth
10 metres
(d)
Maximum Height
10 metres
Municipal Services
All permitted and discretionary use classes must be connected to the
municipal water and sewer systems, where available.
3.
Road Frontage
All permitted and discretionary use classes must front onto an existing public
road.
4.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertise-
ment on any lot or site occupied by a use permitted or existing as a legal non-
conforming use in this use zone, shall be as follows:
(a)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of the Authority, having
regard to the safety and convenience of users of adjacent streets and
sidewalks, and the general amenities of the surrounding area.
(b)
No advertisement shall exceed 5 square metres in area.
Schedule C
Page 12
Con&tions for Commercial (cont'd.)
5.
Advertisements Relating to OD'site Uses
The conditions to be applied to the erection or display of an advertisement
on any site, relating to a use permitted in this or another zone, or not relating
to a specific land use, shall be as follows:
(a)
Each advertisement shall not exceed three square metres in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the
name and nature of the distance or direction to the premises to which
they relate.
(c)
The location, siting and illumination of each advertisement shall be to
the satisfaction of the Authority, 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.
6.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of the Authority 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.
7.
Parking and Loading
Adequate off-street parking and loading facilities shall be provided on-site for
all employees, vehicles likely to be used in or associated with the activity, and
for vehicles of customers, or clients in accordance with Schedule D.
8.
Access
The number of accesses to the street shall be limited by, and designed to the
satisfaction of the Authority, having regard to the safety and efficiency of the
street for both vehicles and pedestrians.
9.
Commercial Buffer
Where any non-residential use abuts a residential use or residential zone, 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 use or zone. The buffer shall include the provision of grass strips,
hedges, trees or shrubs, or structural barriers as may be required by the
Authority, and shall be maintained by the owner or occupier to the satisfac-
tion of the Authority.
Scheduk C
Page 13
Condilion.r for ~rcial (cont'd.)
10.
Open Storage
The Authority may permit open storage of materials, goods, and machinery
associated with a permitted use provided the following conditions are met:
(a)
Open storage shall not occupy more than 50 percent of the site area
and shall not be located in the front yard or in any required yard
areas; and
(b)
The Authority may require open storage to be fenced or screened from
view from a public road.
11.
Accessory Building
Accessory buildings shall have a lot coverage no greater than 7%, to a
maximum of 56 square metres, or a height of no more than 3 metres.
12.
Waterbody Buffer
The Authority shall retain a buffer strip of undisturbed vegetation along the
shoreline of all waterbodies and watercourses. No development, except for
fishing or marine uses, shall be permitted closed than 15 metres to a water
body or water course.
13.
Referrals
Permits may be issued in the following areas only after the Authority has
referred the proposal to the appropriate government agency as identified
below:
Watercourse alternations, stream crossings or
Habitat Management Section
infilling of waterbodies
Fisheries and Oceans Canada
Within 100 metres of Route 340
Within 300 metres of a pit or within 1000
metres of an extraction operation where blast-
ing is involved
Within 1.6 kilometres of the waste disposal site
Water Resources Division
Department of Environment and Labour
Department of Government Services and
Lands
Quarry Materials Division
Department of Mines and Energy
Department of Government Services and
Lands
Scheduk C
Page 14
USE ZONE TABLE
ZONE TITLE
OPEN SPACE
(Summerford)
PERMITIED USE CLASSES - (see Regulation 85)
Recreational open space and outdoor assembly.
DISCRETIONARY USE CLASSES - (see Regulatiollli 22 and 86)
Theatre, cultural and civic, club and lodge, take-out food service, cemetery, antenna.
CONDITIONS
1.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertise-
ment on any lot or site occupied by a use permitted or existing as a legal non-
conforming use in this use zone, shall be as follows:
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of the Authority, having regard
to the safety and convenience of users of adjacent streets and
sidewalks, and the general amenities of the surrounding area.
(b)
No advertisement shall exceed 5 square metres in area.
2.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of the Authority 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.
Take-Out
Take-out food services may be considered on a discretionary basis provided
it is associated with a recreational facility and the service is for patron of a
recreational activity and complementary uses.
4.
Waterbody Buft'er
The Authority shall retain a buffer strip of undisturbed vegetation along the
shoreline of all waterbodies and watercourses. No development, except for
fishing or marine uses, shall be permitted closed than 15 metres to a water
body or water course.
ScMdule C
Page 15
Condilicns for Open Sp«e (CClll'd.)
5.
Referrals
Permits may be issued in the following areas only after the Authority has
referred the proposal to the appropriate government agency as identified
below:
Watercourse alternations, stream crossings or
in6mng of waterbodies
Within 100 metres of Route 340
Within 300 metres of a pit or within 1000
metres of an extraction operation where blast-
ing is involved
Habitat Management Section
FJSberies and Oceans Canada
Water Resources Division
Department of Environment and Labour
Department of Government Services and
Lands
Quarry Materials Division
Department of Mines and Energy
Schedule C
Page 16
USE ZONE TABLE
ZONE TITLE
PROTECTED WATERSHED
(Summerford)
PERMITI'ED USE CLASSES· (see Regulation 85)
Utility and Conservation.
DISCRETIONARY USE CLASSES· (see Regulations 22 and 86)
Antenna.
CONDITIONS
1.
Referrals
All development applications within the Protected Watershed zone shall be
referred to and approved by the Water Resources Division of the Department
of Environment and Labour.
2.
Waterbody Buffer
The Authority shall retain a buffer of undisturbed vegetation along the
shoreline of all waterbodies and watercourses. No development shall be
permitted to locate closer than 30 metres to a waterbody or watercourse.
Sdledule C
Page 17
USE ZONE TABLE
ZONE TITLE
SEASONAL DWELLING
(Summerfonl)
PERMITTED USE Cl.ASSES - (see Regulation 85)
Seasonal Dwelling.
DISCRETIONARY USE CLASSES· (see Regulations 22 and 86)
Fer e 11 ~ , ed ~tenna.
CONDITIONS
1.
Lot Area
Minimum lot area shall be determined by the Department of Government
Services and Lands and shall be sufficient to accommodate the long-term
functioning of an on-site septic disposal system and private well.
2.
Municipal Services
No uses creating a demand for municipal water and sewer services shall be
permitted in this zone. The construction, maintenance and snowclearing of
the access road shall be solely the responsibility of the owners or occupiers of
the seasonal dwellings.
3.
Accessory Buildings
Accessory buildings shall be no greater than 25 square metres in area and no
more than 3 metres in height.
4.
Waterbody Buffer
The Authority shall retain a buffer of undisturbed vegetation along the
shoreline of all waterbodies and watercourses. No development shall be
permitted to locate closer than 15 metres to a waterbody or watercourse.
Schedule C
Page 18
USE ZONE TABLE
ZONE TITI.E
RURAL
(Summ-rford)
PBRMITI'ED USB OASSBS ·(see Regulation 85)
Agriculture, forestry, mineral exploration, fishing and marine uses and recreational open space.
DISCRETIONARY USB OASSBS - (see Regulations 22 and 86)
Animal, single dwelling, general industry, service station, mineral working, commercial recreation,
cemetery, solid waste disposal, scrap yard, and antenna.
CONDITIONS
1.
Advertisements Relating to Onsite Uses
The conditiollli which shall apply to the erection or display of an advertise-
ment on any lot or site occupied by a use permitted or existing as a legal non-
conforming use in this use zone, shall be as follows:
(i)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of the Authority, having
regard to the safety and convenience of users of adjacent streets and
sidewalks, and the general amenities of the surrounding area.
(ii)
No advertisement shall exceed 5 square metres in area.
2.
Advertisements Relating to OO'site Uses
The conditions to be applied to the erection or display of an advertisement
on any site, relating to a use permitted in this or another zone, or not relating
to a specific land use, shall be as follows:
(i)
Each advertisement shall not exceed three square metres in area.
(ii)
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.
(iii)
The location, siting and illumination of each advertisement shall be to
the satisfaction of the Authority, 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 surround-
ing area.
Scheduk C
Page. 19
Condilions for Rural (cofll'd.)
3.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of the Authority 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.
Single Dwelling
A single dwelling may only be erected in conjunction with an established
permitted or discretionary use. The single dwelling must be subsidiary to the
permitted or discretionary use and necessary for its operation.
5.
General Industry
General industrial uses and associated accessory uses may be permitted by the
Authority provided:
(a)
The use is restricted to maintenance and repair of equipment,
processing and storage related to agriculture, forestry or mineral
workings uses; or
(b)
The proposed use is UIUiuitable for locations in any urban zone because
of the nature of the use or requirements for large areas of land.
The Authority shall be satisfied that:
(a)
The General Industrial use will not require municipal services,
particularly water and sewer;
(b)
The site can be developed and the use carried out without negative
impact on the natural environment and scenic amenity;
(c)
The development shall be visually buffered from the road; and
(d)
The development is sufficiently separated and visually buffered from
any urban zone, especially a residential zone, to assure that any
nuisance because of noise, dust, fumes or inconvenience is eliminated.
6.
Commercial Recreation Uses
Uses which because of their nature and/or large land requirements, would not
be normally compatible with urban uses may be permitted. These uses would
include, but are not limited to: travel trailer parks, campgrounds, golf courses
and driving ranges, resorts, marinas, recreational clubs and theme parks. The
Authority may permit these uses provided:
(a)
The Authority is satisfied that such uses will not create a conflict with
rural uses by reason of hours of operation, or the creation of dust or
noise, or large levels of traffic;
(b)
The Authority is satisfied that such uses will not prejudice the
development or existence of uses listed as permitted use classes;
Schl!dule C
Page 20
Conditions for Rum/ (conl'd.)
(c)
Adequate parking is provided;
(d)
The use will not require municipal services, particularly water and
sewer; and
(e)
The parking area and access to the uses shall be landscaped to the
satisfaction of the Authority and provided with a stable surface to
prevent raising or movement of dust, mud and loose particles.
7.
Mineral Workings
All applications for any mineral working shall be subject to review and
approval by the Department of Mines and Energy. Where permitted as a
discretionary use, pit and quarry operations shall meet the conditions and
regulations as follows:
Separation of Adjacent Uses
Unless the Authority 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 mineral working shall be located closer than the minimum
distances set out below to the specified development or natural feature:
Type of Development
Existing or proposed residential development
- where no blasting is involved
- where blasting is involved
Any other developed area or area likely to be developed during the life
of the aggregate extraction operation
Public highway or street
Watercourse or waterbody
Protected Road
ScreeninK
Minimum Separation
Distance
300m
1000 m
150m
50m
50m
90m
Such uses 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 a tree screen exists between the use and adjacent public
highways and streets or other land uses ( except forestry and agricul-
ture), the tree screen shall be retained in a 30 m wide strip of
vegetation so that visibility of any part of the use from the surrounding
uses or streets will be prevented. The tree screen must be maintained
by the owner or occupier of the use. Where vegetation dies or is
removed from the 30 m strip, the Authority may require new trees a
minimum height of 1 m to be planted to fill in the areas affected to
the satisfaction of the Authority or, at the discretion of the Authority,
the following condition must be undertaken.
Schedule C
Page 21
Condilions for Rural (con1'd.)
{b)
Where no tree screen exist of sufficient width and density to constitute
a visual screen, earthen berms shall be constructed to a height
sufficient to prevent visibility of any part of the mineral working from
adjacent uses (except forest and agriculture), or adjacent public
highways and streets. The berms shall be landscaped to the Authori-
ty's satisfaction.
(c)
Where natural topography creates a visual screen between mineral
workings and adjacent public highways and streets or other land uses
(except forestry and agriculture), additional screening may not be
required.
( d)
Where effective screening for any mineral working cannot be installed
or located as required in (a) - (c) above, the Authority may refuse to
permit the use.
Fencing
The Authority may require the mineral working or excavated areas of the pit
or quarry to be enclosed by a fence designed and colllltructed to its specifica-
tions and no less than 1.8 m in height.
Water Pollution
No mineral working or associated storm or sanitary drainage shall
unacceptably reduce the quality of water in any waterbody or watercourse.
Any access road to a pit or quarry working, scrap yard or solid waste disposal
site which crosses a brook or stream shall be bridged or culverted at the
crossing in accordance with the Regulations of the Department of Environ-
ment and Labour.
Water Ponding
No mineral working shall result in the excavation of areas below the level of
water table nor in any way cause the accumulation or ponding of water in any
part of the site. Settling ponds may be permitted with the approval of the
Department of Environment and Labour.
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion
of adjacent land.
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and
abandoned equipment and any derelict buildings.
Schedule C
Page 22
Condidons for RuroJ (cont'd.)
Access Roads
During extended periods of shutdown, access roads to a mineral working shall
be ditched or barred to the satisfaction of the Authority.
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 m from active quarry
area. 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 Authority may permit processing and manufacturing uses associated with
mineral workings provided that, in the opinion of the Authority, the use does
not create a nuisance nor is liable to become a nuisance or offensive by the
creation of noise or vibration, or by reason of the emission of fumes, dust,
dirt, objectionable odour, or by reasons 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
preset or future extraction of aggregate resources.
The Authority may specify a minimum separation distance between operating
plant or associated processing and manufacturing structure or equipment and
adjacent developed areas likely to be developed during the life of the mineral
working.
Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried
out by the operator:
(a)
All buildings, machinery and equipment shall be removed.
(b)
All pit and quarry slopes shall be graded to slopes less than 20 degrees
or to the slope conforming to that existing prior to the mineral
working.
(c)
Topsoil and any organic materials shall be respread over the entire
quarried area.
(d)
The access road to the mineral working shall be ditched or barred to
the satisfaction of the Authority.
(e)
H the mineral working contains reserves of material sufficient to
support further extraction operations, the Authority may require the
work described above to be carried out only in the areas of the site
where extraction has depleted aggregate reserves.
Schedule C
Page 23
Condilions for Rural (cont'd.)
8.
Solid Waste Disposal and Scrap Yard
Where permitted as a discretionary use, scrap yards and solid waste disposal
sites shall meet the conditions and regulations as follows:
Swaration of Miacent Uses
Unless the Authority 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 disposal site shall be located closer than
the minimum distances set out below to the specified development or natural
feature:
Type of Development
Existing or proposed residential development
Any other developed area or area likely to be developed
during the life of the scrap yard or solid waste disposal
Public highway or street
Watercourse or waterbody
Protected Road
Screening
Minimum Separation Distance
Scrap Yard
300m
Solid Waste
Disposal Site
1.6 km
300 m
1.6 km
SOm
SOm
90 m
300m
150m
300m
Such uses 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 a tree screen exists between the use and adjacent public
highways and streets or other land uses ( except forestry and agricul-
ture), the tree screen shall be retained in a 30 m wide strip of
vegetation so that visibility of any part of the use from the surrounding
uses or streets will be prevented. The tree screen must be maintained
by the owner or occupier of the use. Where vegetation dies or is
removed from the 30 m strip, the Authority may require new trees of
a minimum height of 1 m to be planted to fill in the areas affected to
the satisfaction of the Authority or, at the discretion of the Authority,
the following condition must be undertaken.
(b)
Where no tree screen exist of sufficient width and density to constitute
a visual screen, earthen berms sball be constructed to a height
sufficient to prevent visibility of any part of the mineral working from
adjacent uses (except forest and agriculture), or adjacent public
highways and streets. The berms shall be landscaped to the Authori-
ty's satisfaction.
(c)
Where natural topography creates a visual screen between mineral
workings and adjacent public highways and streets or other land uses
(except forestry and agriculture), additional screening may not be
required.
Scheilule C
Page 24
Conditions for RuroJ (cont'd.)
(d)
Where effective screening for any mineral working cannot be installed
or located as required in (a)· (c) above, the Authority may refuse to
permit the use.
Fencing
The Authority may require the scrap yard or solid waste disposal site to be
enclosed by a fence designed and constructed to its specifications and no less
than 1.8 m in height.
Water Pollution
No scrap yard or solid waste disposal site, or associated storm or sanitary
drainage shall unacceptably reduce the quality of water in any waterbody or
watercourse. Any access road to a scrap yard or solid waste disposal site
which crosses a brook or stream shall be bridged or culverted at the crossing
in accordance with the Regulations of the Department of Environment and
Labour.
9.
Waterbody Buft'er
The Authority shall retain a buffer strip of undisturbed vegetation along the
shoreline of all waterbodies and watercourses. No development, except for
fishing or marine uses, shall be permitted closed than 15 metres to a water
body or water course.
10.
Referrals
Permits may be issued in the following areas only after the Authority has
referred the proposal to the appropriate government agency as identified
below:
Watercourse alternations, stream crossings or
Habitat Management Section
infimng of waterbodies
F'tSheries and Oceans Canada
Within 100 metres of Route 340
Within 300 metres of a pit or within 1000
metres of an extraction operation where blast·
ing is involved
Proposed livestock building or any
development within 600 metres of an existing
livestock building
Proposed scrap yard
Within 1.6 kilometres of a waste disposal site
or scrap yard
Water Resources Division
Department of Environment and Labour
Department of Government Services and
Lands
Quarry Materials Division
Department of Mines and Energy
Soil and Land Management Division
Department of Forest Resources and
Agrifoods
Department of Government Services and
Lands
Department of Government Services and
Lands
Schedule C
Page 2.S
USE ZONE TABLE
ZONE TITLE
MINERAL WORKING
(Summerfold)
PERMITIED USE CLASSES· (see Regulation 85)
Mineral exploration and mineral working.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 86)
General industry, and antenna.
CONDITIONS
1.
Advertisements Relating to Onslte Uses
The conditions which shall apply to the erection or display of an advertise-
ment on any lot or site occupied by a use permitted or existing as a legal non-
conforming use in this use zone, shall be as follows:
(i)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of the Authority, having
regard to the safety and convenience of users of adjacent streets and
sidewalks, and the general amenities of the surrounding area.
(ii)
No advertisement shall exceed 5 square metres in area.
2.
Mineral Workings
All applications for any mineral working shall be subject to review and
approval by the Department of Mines and Energy. Where permitted as a
discretionary use, pit and quarry operations shall meet the conditions and
regulations as follows:
Separation of Agjacent Uses
Unless the Authority 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 mineral working shall be located closer than the minimum
distances set out below to the specified development or natural feature:
Type of Development
Minimum Separation
Distance
Existing or proposed residential development
- where no blasting is involved
300 m
- where blasting is involved
1000 m
Any other developed area or area likely to be developed during the life
of the aggregate extraction operation
Public highway or street
Watercourse or waterbody
Protected Road
1.50 m
50m
50m
90m
Schedule C
Page 26
Omditioll.r for Mineral Worldng (cont'd.)
Screening
Such uses 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 a tree screen exists between the use and adjacent public
highways and streets or other land uses ( except forestry and agricul-
ture), the tree screen shall be retained in a 30 m wide strip of
vegetation so that visibility of any part of the use from the surrounding
uses or streets will be prevented. The tree screen must be maintained
by the owner or occupier of the use. Where vegetation dies or is
removed from the 30 m strip, the Authority may require new trees a
minimum height of 1 m to be planted to fill in the areas affected to
the satisfaction of the Authority or, at the discretion of the Authority,
the following condition must be undertaken.
(b)
Where no tree screen exist of sufficient width and density to constitute
a visual screen, earthen berms shall be constructed to a height
sufficient to prevent visibility of any part of the mineral working from
adjacent uses (except forest and agriculture), or adjacent public
highways and streets. The berms shall be landscaped to the Authori-
ty's satisfaction.
(c)
Where natural topography creates a visual screen between mineral
workings and adjacent public highways and streets or other land uses
(except forestry and agriculture), additional screening may not be
required.
(d)
Where effective screening for any mineral working cannot be installed
or located as required in (a) - (c) above, the Authority may refuse to
permit the use.
Fencing
The Authority may require the mineral working or excavated areas of the pit
or quarry to be enclosed by a fence designed and constructed to its specifica·
tions and no less than 1.8 m in height.
Water Pollution
No mineral working or associated storm or sanitary drainage shall
unacceptably reduce the quality of water in any waterbody or watercourse.
Any access road to a pit or quarry working, scrap yard or solid waste disposal
site which crosses a brook or stream shall be bridged or culverted at the
crossing in accordance with the Regulations of the Department of Environ-
ment and Labour.
Water Ponding
No mineral working shall result in the excavation of areas below the level of
water table nor in any way cause the accumulation or ponding of water in any
part of the site. Settling ponds may be permitted with the approval of the
Department of Environment and Labour.
Schedule C
Page 27
Condilions for Mineral Worl<ing (conJ'd.)
Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion
of adjacent land.
Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and
abandoned equipment and any derelict buildings.
Access Roads
During extended periods of shutdown, access roads to a mineral working shall
be ditched or barred to the satisfaction of the Authority.
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 m from active quarry
area. The owner or operator shall ensure that the quality of the topsoil is not
affected by dilution with other materials.
Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried
out by the operator:
(a)
All buildings, machinery and equipment shall be removed.
{b)
All pit and quarry slopes shall be graded to slopes less than 20 degrees
or to the slope conforming to that existing prior to the mineral
working.
(c)
Topsoil and any organic materials shall be respread over the entire
quarried area.
( d)
The access road to the mineral working shall be ditched or barred to
the satisfaction of the Authority.
( e)
If the mineral working contains reserves of material sufficient to
support further extraction operations, the Authority may require the
work described above to be carried out only in the areas of the site
where extraction has depleted aggregate reserves.
3.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of the Authority 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.
Schedule C
Page 28
Corldil.ions for M'UU!ral Working (cont'd.)
4.
General Industry
The Authority may permit processing and manufacturing uses associated with
mineral workings provided that, in the opinion of the Authority, the use does
not create a nuisance nor is liable to become a nuisance or offensive by the
creation of noise or vibration, or by reason of the emission of fumes, dust,
dirt, objectionable odour, or by reasons 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
preset or future extraction of aggregate resources.
The Authority may specify a minimum separation distance between operating
plant or associated processing and manufacturing structure or equipment and
adjacent developed areas likely to be developed during the life of the mineral
working.
Schedule D
Pagel
SCHEDULED
OFF-STREET PARKING REQUIREMENTS
1.
The offstreet parking requirements for uses in the various use classes set out in
Schedule B shall be as set out in the following table.
2.
In the case of developments including uses in more than one use class, these stand-
ards shall be regarded as cumulative.
3.
Adequate offstreet provision for drop-off and pick-up of persons shall be provided in
developments where required, such as uses within the educations, passenger assembly,
child care, medical treatment and special care, commercial residential and take-out
food service use classes.
G
D
R
I
0
v
u
I
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
p
s
I
0
N
A
I
(a) Theatre
One space for every S seats.
2
(a) Culmral and
One space for every 50 square metres of gross floor areas.
Civic
(b) General
One space for every I 0 square metres of gross floor area.
Assembly
( c) Edw:ational
Schools - 2 spaces for every class-
room.
Further edw:ation - I space for every 5 persons using the facil-
ities (smdents, faculty and staff).
(d) Place of
One space for every 5 seats.
Worship
( e) Passenger
As specified by the Authority.
Assembly
(t) Club and
One space for every 3 persons that may be accommodated at one
Lodge
time.
(g) Catering
One space for every 3 customers that may be accommodated at
one time.
(b) Funeral Home
One space for every 10 square metres of gross floor area.
(i) Child Care
One space for every 20 square metres of gross floor area.
(j) Amusement
One space for every 10 square metres of gross floor area.
3
(a) lodoor
One space for every 10 spectators that may be accommodated at
Assembly
one time.
4
(a) Outdoor
As specified by the Authority.
Assembly
B
I
(a) Penal and
As specified by the Authority.
Correctional
Detention
c
2
(a) Medical
One space for every 2 patients.
Treatment
and Special
Care
I
(a) Single
Two spaces for every dwelling unit.
Dwelling
(b) Double
Two spaces for every dwelling unit.
Dwelling
( c) Row Dwelling
Two spaces for every dwelling unit.
G
D
R
I
0
v
u
I
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
p
s
I
0
N
( d) Apartment
Three spaces for every 2-dwelling units.
Building
2
(a) Collective
As specified by the Authority.
Residential
(b) Commercial
One space for every guest room.
Residential
( c) Seasonal
One space for every residential unit.
Residential
(d) Mobile Home
Two spaces for every dwelling unit.
D
1
(a) Office
One space for every 20 square metres of gross floor area.
(b) Medical and
One space for every 20 square metres of gross floor area.
Professional
( c) Personal
One space for every 20 square metres of gross floor area.
Service
(d) General
One space for every 20 square metres of gross floor area.
Service
(e) Communi-
As specified by the Authority.
cations
(I) Police
As specified by the Authority.
Station
(g) Taxi Stand
As specified by the Authority.
(b) Take-out
One space for every 20 square metres of gross floor area.
Food Service
(i) Veterinary
One space for every 20 square metres of gross floor area.
E
1
(a) Shopping
One space for every 15 square metres of gross floor area.
Centre
(b) Shop
One space for every 20 square metres of gross floor area.
(c) Indoor
As specified by the Authority.
Market
(d) outdoor
As specified by the Authority.
Market
( e) Convenience
One space for every 20 square metres of gross floor area.
Stores
F
1
(a) Hazardous
One space for every employee.
Industry
2
(a) General
One space for every employee.
Industry
(b) Service
One space for every 20 square metres of gross floor area.
Station
3
(a) Light
One space for every employee.
Industry
RELATIONSHIP BBTWBEN CLl\SSIFICA"rION or USE AND USB ZONE TAR!.!!§
USE ZONES
11!!11.l.!!!!lllt.l.aJ. L!2!!! 11!!lll!!it¥
Residential Medium !1ensit¥
B!i!!!i!!!!llltial High !1ens!t¥
B!i!!!l.!l!i!llt.l.111
~ n filling
Hi!!!l!I 111¥!!ll9Rl!l!i!Dt
Commercial Reai!11at!1l
lllls12Rins !<!i!nla;:1
c~mme,;L1l i1n1,1i
USB CLASSES
Commerc,l.al H.l.ghwa¥
I!J!!UStr,l.al - Hazardoue
Xn!!1111ti;:ial - General
~ nd1111ti::i!!l. - Light
lli!lll!:!!tignal
Institutional corr!!C!;.i,Qna1
xnst!tl!t.l.21111 tli!!!i21l
Recreational as11!!Jm!i!l¥
B!!!il:'.!!lt.l.onal ~!i!I! ll&!IQll
§ol,l.d W1!!t!!ll~gi;:1;
Mineral, !foi::tinS!!
agi;:io.lForestr¥
Seagooal ResideoGe
Transoort
Conservation
I
Bl!nl.
I
ASSEMBLY USES
Theatre
Cultural & Civil
General Assembly
Educational
Place of Worship
Passenger Assembly
Club & Lodge
catering
Funeral Home
Child Care
Amusement
Indoor Assembly
outdoor Assembly
INSTITUTIONAL USES
Penal & correct-
ional Detention
Medical Treatment
& Special Care
RESIDENTIAL USES
Single Dwelling
Double Dwelling
Row Dwelling
Apartment Building
Collective -
Residential
Boarding House -
Residential
Commercial -
Residential
Seasonal
Residential
Mobile Home
RELATIONSHIP BE'l"llEEH CLASSIPICATIOH OP USE AND USB ZOHB TARtRS
USE ZONES
B11dli!l!nti.1l I,gw Q11n1 i.t:.:
B!l!!l.9!l!nti.1l Hed!l!m Qensit:z:
Resigenti1l !:li.911 Q11n1l.t:.:
Residential Inf ill.!.ng
Mixed Develoll!llent
gomm!l!£s.!.1l B!l!li.911nt.!.1l
ShoeRing gentr!!
ggmmer;;i.d !i!l!neral
USE CLASSES
Commerc.!.11
H.!.gll~a:.:
InQ!!llo!'.:l.11 - l;lazardoue
Indg!!t£i.i!l - General,
Industrial - Light
lil!:!l!Slt l.!2nll
;Institutional !l2r.:r.:11si.112n11
In§l;l.t!!tl.9Dll H11dLc11
B!!S!'.:!l!i!tl.S!Di!l a1semtil:.:
Recreational OQen Sru&c!l!
SgJ.~g Hl!!t!!LScr.:12
Mineral Working§
agr.:.J.s, ll!:!i!£!i!Btr.::.:
§!l!lmQDll Begj.d@nce
Transnort
!l2111sr.::.:1tl.en
I
Bur al
I
BUSIHBSS & PERSONAL
SBRVICB USES
Office
Medical &
Professional
Personal Services
communications
Police Station
Taxi Stand
Take-Out Food Sve.
Veterinary
KBllCAH'rILB USES
Shopping Centre
Shop
Indoor Market
Outdoor Market
Convenience Store
INDUSTRIAL USES
Hazardous Industry
General Industry
Service Station
Light Industry
HOH BUILDING USES
Agriculture
Forestry
Mineral working
Recreational -
Open Space
Conservation
Cemetery
Scrap Yard
Solid Waste
Animal
Antenna
Transportation