Town of Sunnyside Development Regulations 2006-2016
Sunnyside, Newfoundland and Labrador
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TOWN OF SUNNYSIDE
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
January 2 2007
SUNNYSIDE DEVELOPMENT REGULATIONS
2006 - 2016
URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF SUNNYSIDE DEVELOPMENT REGULATIONS
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
Town Council of Sunnyside adopts the Town of Sunnyside Development Regulations.
AdoptedbytheTownCouncilofSunnysideonthe !).?{ dayof March ,2007.
Signed and sealed this d 3 day of~·
2007.
Mayor:
Clerk:
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Development Regulations have been prepared in
accordance with the requirements of the Urban and Rural Planning Act 2000.
MCIP:
URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF SUNNYSIDE DEVELOPMENT REGULATIONS
Under the authority of Section 16, Section 17 and Section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Sunnyside
a)
adopted the Town of Sunnyside Development Regulations on the i1CZ day
of
i\\arc~1
, 2007.
b)
gave notice of the adoption of the Town of Sunnyside Development
Regulations by advertisement inserted on the I \p day and the ,,Q3 day
of Hpr1 \ , 2007 in the Packet Newspaper.
c)
set the
I
day of f'v\a ~
, 2007 at 7~ 3D
p.m. at the Town
Hall, Sunnyside for the holding of a public hearing to consider objections and
submissions.
Now under the authority of section 23 of the Urban and Rural Planning Act 2000, on
the ..23_ day of
('v~a.\11 ___ , 2006 the Town Council of Sunnyside approves the Town of
Sunnyside Deve~gulations as adopted.
~' ,2007
Mayor:
Clerk:
TABLE OF CONTENTS - 1
APPLICATION ................................................... Page 1
1.
Short Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
2.
Interpretation .......................................... Page 1
3.
Commencement. ....................................... Page 1
4.
Development Regulations Under the Urban and Rural Planning Act 2000 -
"Ministerial Regulations" .................................. Page 1
5.
Municipal Code and Regulations ........................... Page 1
6.
Town ................................................ Page 1
PART I· GENERAL REGULATIONS .................................. Page 2
7.
Compliance With Regulations ............................. Page 2
8.
Permit Required ........................................ Page 2
9.
Permit to be Issued ..................................... Page 2
10.
Permit Not to be Issued in Certain Cases Unless Developer Pays Costs
.................................................... Page 2
11.
Discretionary Powers of Town ............................. Page 2
12.
Variances by Town ..................................... Page 2
13.
Service Levy .......................................... Page 3
14.
Financial Guarantees by Developer ......................... Page 3
15.
Dedication of Land for Public Use .......................... Page 4
16.
Reinstatement of Land ................................... Page 4
17.
Form of Application ..................................... Page 4
18.
Register of Application ................................... Page 4
19.
Deferment of Application ................................. Page 5
20.
Approval in Principle. . .................................. Page 5
21.
Development Permit.. ................................... Page 6
22.
Reasons for Refusing Permit. ............................. Page 7
23.
Notice of Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7
24.
Right of Entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7
TABLE OF CONTENTS - 2
25.
Record of Violations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7
26.
Stop Work Order and Prosecution .......................... Page 7
27.
Appeals .............................................. Page 8
PART II - GENERAL DEVELOPMENT STANDARDS ...................... Page 9
28.
Access Ramps.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 9
29.
Accesses and Service Streets ............................. Page 9
30.
Accessory Buildings ..................................... Page 9
31.
Accessory Uses ....................................... Page 10
32.
Advertisements and Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 11
33.
Advertisements Exempt from Control. ...................... Page 13
34.
Advertisements - Temporary and/or Portable Signs ............ Page 14
35.
Advertisements and Signs near Highways ................... Page 14
36.
Advertisements Relating to Onsite Uses .................... Page 14
37.
Advertisements Relating to Offsite Uses .................... Page 15
38.
Agriculture ........................................... Page 15
39.
Archaeological Resources and Heritage Sites and Areas ........ Page 16
41.
Building Line and Setback ............................... Page 17
42.
Buildings on a Lot. .................................... Page 17
43.
Campground ......................................... Page 17
44.
Child Care ........................................... Page 18
45.
Comprehensive Development. ........................... Page 18
47.
Discretionary Use Classes ............................... Page 18
48.
Entrance and Window Wells ............................. Page 18
49.
Family and Group Care Centres ........................... Page 19
50.
Fences .............................................. Page 19
51.
Forestry ............................................ Page 20
52.
Home Business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20
53.
Lot Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20
TABLE OF CONTENTS - 3
54.
Lot Area and Size Exceptions ............................ Page 21
55.
Lot Frontage ......................................... Page 21
56.
Mineral Exploration .................................... Page 21
57.
Mineral Working ...................................... Page 22
58.
Non-Conforming Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 25
59.
Offensive and Dangerous Uses ........................... Page 25
60.
Parks and Playgrounds ................................. Page 25
61.
Public Services and Public Utilities ......................... Page 25
62.
Road Frontage ........................................ Page 26
63.
Screening and Landscaping .............................. Page 26
64.
Site Development.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 26
65.
Site Development Quarry and Soil Removal. ................ Page 26
66.
Street Construction Standards ............................ Page 27
67.
Subsidiary Apartments .................................. Page 27
68.
Subsidiary Dwelling .................................... Page 27
69.
Trans Canada Highway Protected Road Zoning Plan ........... Page 27
70.
Unserviced Development. ............................... Page 28
71.
Unsubdivided Land .................................... Page 28
72.
Waterways and Wetlands ............................... Page 28
73.
Wind Mills, Wind Turbines, Wind Farms .................... Page 29
PART Ill - SUBDIVISION OF LAND .................................. Page 30
74.
Permit Required ....................................... Page 30
75.
Building Permits Required ............................... Page 30
76.
Subdivision Subject to Zoning ............................ Page 30
77.
Issue of Permit Subject to Considerations ................... Page 30
78.
Concept Plan and Final Plan - Approval. .................... Page 31
79.
Developer to Pay Engineer's Fees and Charges .............. Page 31
80.
Payment of Service Levies and Other Charges ............... Page 31
TABLE OF CONTENTS - 4
81.
Construction and Town Engineer Costs Guarantees ........... Page 32
82.
Services to be Provided ................................. Page 32
83.
Building Lines ......................................... Page 32
84.
Land for Public Open Space. . ........................... Page 32
85.
Structure in Street Reservation ........................... Page 33
86.
Subdivision Design Standards ............................ Page 33
87.
Engineer to Design Works and Certify Construction Layout. ..... Page 35
88.
Street Works May Be Deferred ........................... Page 35
89.
Transfer of Streets and Utilities to Town .................... Page 35
90.
Restriction on Sale of Lots ............................... Page 36
91.
Grouping of Buildings and Landscaping ..................... Page 36
PART IV - USE ZONES ........................................... Page 37
92.
Use Zones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 37
93.
Use Classes.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 37
94.
Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 37
95.
Discretionary Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 37
96.
Uses Not Permitted - Prohibited Uses ...................... Page 38
SCHEDULE A- DEFINITIONS ...................................... Page 39
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS .... Page 51
SCHEDULE C - USE ZONE TABLES ................................. Page 57
TOWN(TN) ZONE .......................................... Page 58
SOLID WASTE DISPOSAL (SWD) ZONE ........................ Page 60
RURAL (RU) ZONE ......................................... Page 63
TRANS CANADA HIGHWAY (TCH) ZONE. ...................... Page 64
PROTECTED WATER SUPPLY (PWS) ZONE .................... Page 65
TABLE OF CONTENTS - 5
ENVIRONMENT AL PROTECTION (EP) ZONE .................... Page 70
BULL ARM FREEZE AREA (BAFA) ZONE. . ..................... Page 71
MAPS: Land Use Zoning Maps 1 and 2
·Published by Authority
NEWFOUNDLAND REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural
Planning Act, 2000, I make the following regulations.
Dated at St. John's, January 2, 2001.
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
Analysis
12. Variances
1:3. Notice of variance
14. Residential non confonnity
IS. Notice and hearings on
change of use
16.
Non~conforrnance with
standards
17. Discontinuance of non~
confonning use
18. Delegation of powers
I 9. Commencement
Short title
Definitions
Application
lnlerpn::tation
Development Regulations
3101
t. These regulations may be cited as the Development Regulations.
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the
Urban and.Rural Planning.Act, 2000;
(b) "applicant" means a person who has applied to an authority
for an approval or permit to carry out a development;
(c) "authority" means a council, authorized administrator or
regional authority; aod
(d) "development regulations" means these regulations and
regulations and by-laws respecting development that have
been enacted by the relevant authority.
3. (I) These regulations shall be included in the development
regulations of an authority and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and
development regulations or other regulations of an authority, these
regulations shall apply.
(3) Where another Act of the province provides a right of appeal
to the board, these regulations shall apply to that appeal.
4. (I) In development regulations and other regulations made with
respect to a planning area the following terms shall have the meanings
indicated in this section
(a) "access" means a way used or intended to be used by
vehicles, pedestrians or animals in order to go from a street
to adjacent or nearby land or to go from that land to the
street~
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling,
located on the same lot as the main building to which it
is an accessory and which has a use that is customarily
incidental or complementary to the main use of the
building or land,
2
Development Regulations
3101
(ii) for residential uses, domestic garages, carports, ramps,
sheds, swimming pools, greenhouses, cold frames, fuel
sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennae,
(iii) for, commercial uses, workshops or,,gai:ages, .and
(iv) for industrial uses, garages, offices, raised ramps and
docks;
(c) "accessory use" means a use that is subsidiary to a permitted
or discretionary use and that is customarily expected to
occur with the permitted or discretionary use;
(d) "building height" means the vertical distance, measured in
metres from the established grade to the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(iii) mean height level between the eave and the ridge of a
gable, hip or gambrel roof,
and in any case, a building height shall not include
mechanical structure, smokestacks, steeples and purely
ornamental structures above a roof;
(e) "building line" means a line established by an authority that
runs parallel to a street line and is set at the closest point to a
street that a building may be placed;
(f) "discretionary use" means a use that is listed within the
discretionary use classes established in the use zone tables of
an authority's development regulations;
(g) "established grade" means,
(i) where used in reference to a building, the average
elevation of the finished surface of the ground where it
meets the exterior or the front of that building exclusive
of any artificial embankment or entrenchment, or
3
Development Regulations
3101
(ii) where used in reference to a structure that is not a
building, the average elevation of the finished grade of
the ground immediately surrounding the structure,
exclusive of any artificial embankment or entrenchment;
(h) "floor area" means the total area of all floors in a building
measured to the outside face of exterior walls;
(i) "frontage" means the horizont.al distance between side lot
lines measured at the building line;
Q) "lot" means a plot, tract or parcel of land which can be
considered as a unit of land for a particular use or building;
(k) "lot area" means the total horizontal area within the lines of
the lot;
(I) "lot coverage" means the combined area of all building on a
lot measured at the level of the lowest floor above the
established grade and expressed as a percentage of the total
area of the lot;
(m) "non-conforming use" means a legally existing use that is
not .listed as a permitted or discretionary use for the use
zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner" means a person or an organization of persons
owning or having the legal right to use the land under
consideration;
(o) "permitted use" means a use that is listed within the
permitted use classes set out in the use zone t.ables of an
authority's development regulations;
(p) "prohibited use" means a use that is not listed in a use zone
within the permitted use classes or discretionary use classes
or a use that an authority specifies as not permitted within a
use zone;
(q) "sign" means a word, letter, model, placard, board, device or
representation, whether illuminated or not, in the nature of or
employed wholly or in part for the purpose of advertisement,
4
Notice of right to
appeal
Development Regulations
3101
announcement or direction and excludes those things
employed wholly as a memorial, advertisements of local
government, utilities and boarding or similar structures used
for the display of advertisements;
. (r) .'.'.rear .. yard.depth.,.means .the ..- distance,between the .. <ear lot
line and the rear wall of the main building on a lot;
(s) "side yard depth" means the distance between the side lot
line and the nearest side wall of a building on the lot;
(t) "street" means a street, road, highway or other way designed
for the passage of vehicles and pedestrians and which is
accessible by fire department and other emergency vehicles;
(u) "street line" means the edge of a street reservation as defined
by the authority having jurisdiction;
(v) "use" means a building or activity situated on a lot or a
development permitted on a lot;
(w)
11use zone" or "zone'
1 means an area of land including
buildings and water designated on the zoning map to which
the uses, standards and conditions of a particular use zone
table apply;
(x) "variance" means a departure, to a maximum of 10% from
the yard, area, lot coverage, setback, size, height, frontage or
any other numeric requirement of the applicable Use Zone
Table of the authority's regulations; and
(y) "zoning map" means the map or maps attached to and
forming a part of the authority's regulations.
(2) An authority may, in its discretion, determine the uses that
may or may not be developed in a use zone and those uses shall be
listed in the authority's regulations as discretionary, permitted or
prohibited uses for that area.
5. Where an authority makes a decision that may be appealed
under section 42 of the Act, that authority shall, in writing, at the time
of making that decision, notify the person to whom the decision applies
of the
5
Appeal
requirements
Appeal registration
Development Regulations
3101
(a) person's right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of
the appeal.
6. (1) The secretary of the board at the Department of Municipal
and Provincial Affairs, Main Floor, Confederation Building (West
Block), P.O. Box 8700, St. John's, Nfld., AIB 416 is the secretary to all
boards in the province and an appeal filed with that secretary within the
time period referred to in subsection 42( 4) of the Act shall be
considered to have been filed with the appropriate board.
(2) Notwithstanding subsection (I), where the City of Comer
Brook, City of Mount Pearl or City of St. John's appoints an appeal
board under subsection 40(2) of the Act, an appeal shall be filed with
the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to
the board that hears the decision being appealed by filing it with the
secretary referred to in subsection (I) or (2) within the 14 days referred
to in subsection 42(4) of the Act.
(4) The board that hears the decision being appealed shall,
subject to subsection 44(3) of the Act, retain the fee paid to the board.
(5) Where an appeal of a decision and the required fee is not
received by a board in accordance with this section and Part VI of the
Act, the right to appeal that decision shall be considered to have been
forfeited.
7. (I) Upon receipt of an appeal and fee as required under the Act
and these regulations, the secretary of the board as referred to in
subsections 6(1) and (2), shall immediately register the appeal.
(2) Where an appeal has been registered the secretary of the
board shall notify the appropriate authority of the appeal and shall
provide to the authority a copy of the appeal and the documentation
related to the appeal.
6
Thivelopment
prohibited
Hearing notice and
meetiogs
Development Regulations
3101
(3) Where an authority has been notified of an appeal that
authority shall forward to the appropriate board a copy of the
application being appealed, all correspondence, council minutes, plans
and other relevant information relating to the appeal including the
names and addresses of the applicant and other interested persons of
whom the.authority has )mowle,dge.
(4) Upon receipt of the information under subsection (3), the
secretary of the board shall publish in a newspaper circulated in the
area of the appropriate authority, a notice that the appeal has been
registered.
(5) A notice published under subsection (4) shall be published
not fewer than 2 weeks before the date upon which the appeal is to be
heard by the board.
8. (I) Immediately upon notice of the registration of an appeal the
appropriate authority shall ensure that any development upon the
property that is the subject of the appeal ceases.
(2) Sections I 02 and I 04 of the Act apply to an authority acting
under subsection ( 1 ).
(3) Upon receipt of a notification of the registration of an appeal
with respect to an order under section 102 of the Act, an authority shall
not carry out work related to the matter being appealed.
9. (I) A board shall notify the appellant, applicant, authority and
other persons affected by the subject of an appeal of the date, time and
place for the appeal not fewer than 7 days before the date scheduled for
the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its
work in an expeditious manner.
Hearingafevidmo
10. (1) A board shall meet at a place within the area under its
jurisdiction and the appellant and other persons notified under
subsection 9(1) or their representative may appear before the board and
make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43
of the Act and these regulations.
7
Board decision
Variances
Development Regulations
3101
(3) A written report submitted under subsection 43(2) of the Act
respecting a visit to and viewing of a property shall be considered to
have been provided in the same manner as evidence directly provided
at the hearing of the board .
.( 4 ). In .the, conduct.of an .appeal.hearing,,. the .board.,is, not.bound
by the rules of evidence.
11. A decision of the board must comply with the plan, scheme or
development regulations that apply to the matter that has been appealed
to that board.
12. (I) Where an approval or permit cannot be given by an authority
because a proposed development does not comply with development
standards set out in development regulations, an authority may, in its
discretion, vary the applicable development standards to a maximum of
10% if, in the authority's opinion, compliance with the development
standards would prejudice the proper development of the land, building
or structure in question or would be contrary to public interest.
(2) An authority shall not allow a variance from development
standards set out in development regulations if that variance, when
considered together with other variances made or to be made with
respect to the same land, building or structure, would have a cumulative
effect that is greater than a I 0% variance even though the individual
variances are separately no more than I 0%.
(3) An authority shall not permit a variance from development
standards where the proposed development would increase the non
conformity of an existing development.
Notice ofvariance
13. Where an authority is to consider a proposed variance, that
authority shall give written notice of the proposed variance from
development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
Residential ooo
14. A residential building or structure referred to in paragraph
confomiity
108(3)(g) of the Act must, where being repaired or rebuilt, be repaired
or rebuilt in accordance with the plan and development regulations
applicable to that building or structure.
Nori«: and h,,,;,8,
15. Where considering a non conforming building, structure or
oochang- ofuso
development under paragraph I 08(3)( d) of the Act and before making a
8
Development Regulations
3101
decision to vary an ex1stmg use of that non-conforming building,
structure or development, an authority, at the applicant's expense, shall
publish a notice in a newspaper circulating in the area or by other
means give public notice of an application to vary the existing use of a
non-conforming building, structure or development and shall consider
.any representations or submissioI!s received .. in. response. to . that
advertisement.
Non·confonmmce
16. Where a building, structure or development does not meet the
with standattls
development standards included in development regulations, the
building, structure or development shall not be expanded if the
expansion would increase the non-couformity and an expansion must
comply with the development standards applicable to that building,
structure or development.
Discontmuanceof
17. An authority may make development regulations providing for a
noo-oonfonninguse
greater period of time than is provided under subsection 108(2) of the
Act with respect to the time by which a discontinued non-conforming
use may resume operation.
O.logation of
18. An authority shall, where designating employees to whom a
powers
power is to be delegated under subsection 109(3) of the Act, make that
designation in writing.
Commen'"""''
19. These regulations shall be considered to have come into
force on January 1, 2001.
©Earl G. Tucker, Queen's Printer
9
1.
Short Title
TOWN OF SUNNYSIDE MUNICIPAL PLAN
(DEVELOPMENT REGULATIONS)
APPLICATION
These Regulations may be cited as the Sunnyside Development Regulations.
2.
Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings
ascribed to them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings 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 Sunnyside 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.
Development Regulations Under the Urban and Rural Planning Act 2000 -
"Ministerial Regulations"
The Ministerial Regulations enacted under Section 36 of the Act shall apply to
development within the Planning Area. Where there is conflict between these and
the Sunnyside Development Regulations, the Ministerial Regulations shall prevail.
The Ministerial Regulations are included with the Sunnyside Development
Regulations.
5.
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code,
and any other ancillary code and any Building Regulations, Waste Disposal
Regulation and/or any other municipal regulations regulating or controlling the
development, conservation and use of land in force in the Town of Sunnyside, shall,
under these Regulations apply to the entire Planning Area.
6. Town
In these Regulations, "Town" means the Council of the Town of Sunnyside.
Town of Sunnyside
Development Regulations 2006
Page2
PART I - GENERAL REGULATIONS
PART I - GENERAL REGULATIONS
7.
Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance
with these Regulations.
8.
Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has
been issued by the Town.
9.
Permit to be Issued
Subject to Regulations 10 and 11, a permit shall be issued for development within
the Planning Area that conforms to the requirements of these regulations.
10.
Permit Not to be Issued in Certain Cases Unless Developer Pays Costs
Neither a permit nor approval in principle shall be issued for development within the
Planning Area when in the opinion of the Town it is premature by reason of the site
lacking adequate road access, power, drainage, sanitary facilities, or domestic water
supply, or being beyond the natural development of the area at the time of
application unless the applicant contracts to pay the full cost of construction of the
services deemed necessary by the Town and such cost shall attach to and upon the
property in respect of which it is imposed.
11.
Discretionary Powers of Town
In considering an application for a permit or for approval in principle to carry out
development, the Town shall take into account the policies expressed in the Munici-
pal 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 Town may, in its
discretion, and as a result of its consideration of the matters set out in this Regulat-
ion, conditionally approve or refuse the application.
12.
Variances by Town (see Ministerial Development Regulations, Section 12)
Town ofSunnyside
Development Regulations 2006
13.
Service Levy
Page3
PART I - GENERAL REGULATIONS
( 1)
The Town may require a developer to pay a service levy where development
is made possible or where the density of potential development is increased,
or where the value of property is enhanced by the carrying out of public works
either on or off the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Town of constructing or improving the public works referred
to in Regulation 13( 1) that are necessary for the real property to be
developed in accordance with the standards required by the Town and for
uses that are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
a)
the amount of real property benefited by the public works related to all
the real property so benefited; and,
b)
the density of development made capable or increased by the public
work.
(4)
The Town may require a service levy to be paid by the owner of the real
property;
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 Town may decide.
14.
Financial Guarantees by Developer
(1)
The Town may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may be
required to guarantee the payment of engineering and other consultants'
fees, service levies, ensure site reinstatement, and to enforce the carrying out
of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the
form of:
a)
a cash deposit from the developer, to be held by the Town, or;
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PART!- GENERAL REGULATIONS
b)
a guarantee by a bank, or other institution acceptable to the Town, for
expenditures by the developer, or;
c)
a performance bond provided by an insurance company or a bank, or;
d)
an annual contribution to a sinking fund held by the Town.
15.
Dedication of Land for Public Use
In addition to the requirements for dedication of land under Part Ill (Subdivisions),
the Town may require the dedication of a percentage of the land area of any
subdivision or other development for public use, and such land shall be conveyed
to the Town in accordance with the provisions of the Act.
16.
Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Town may order the developer, the occupier of the site, or the owner or all of them
to reinstate the site, to remove all or any buildings or erections, to cover or fill all
wells or excavations, and to close all or any accesses, or to do any of these things
or all of them, as the case may be, and the developer, occupier or owner shall carry
out the order of the Town and shall put the site in a clean and sanitary condition to
the satisfaction of the Town.
17.
Form of Application
(1)
An application for a development permit or for approval in principle shall be
made only by the owner or by a person authorized by the owner to the Town
on such form as may be prescribed by the Town, and every application shall
include such plans, specifications and drawings as the Town may require,
and be accompanied by the permit fee required by the Town.
(2)
The Town shall, on request, supply to every applicant a copy of the
application forms referred to in Regulation 17(1) and a description of the
plans, specifications and drawings required to be provided with the
application.
18.
Register of Application
The Town shall keep a public register of all applications for development, and shall
enter therein the Town's decision upon each application and the result of any appeal
from that decision.
Town of Sunnyside
Development Regulations 2006
19.
Deferment of Application
Page5
PART I - GENERAL REGULATIONS
(1)
The Town may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations which
have not been determined by the Town and on which a decision has not been
communicated to the applicant within eight weeks of the receipt thereof by the
Town, and on which consideration has not been deferred in accordance with
Regulation 19(1 ), shall be deemed to be refused.
20.
Approval in Principle
(1)
The Town may grant approval in principle for a subdivision or any other
development if, after considering an application for approval in principle made
under these Regulations, it is satisfied that the proposed development is,
subject to the approval of detailed plans, in compliance with these
Regulations.
(2)
Where approval in principle is granted under this Regulation, it shall be
subject to the subsequent approval by the Town of such details as may be
listed in the approval in principle, which shall also specify that further
application for approval of these details shall be received not later than two
years from the grant of approval in principle.
(3)
Where applicable, the Approval In Principle shall include:
a)
the development standards to be followed for the development;
b)
the development plan with phasing and costs, showing land use,
letting and building location, public and private open spaces and
buffers, roads, water and sewer services, and other relevant
information and this development plan shall set out the general
specifications of the roads, services and other relevant elements;
c)
the permitting requirements - what permits are required and when;
d)
when construction drawings are to be required -
in general,
construction drawings may only be required prior to the start of a
phase or element of the development plan;
e)
the responsibility for the maintenance and upgrading of services, and
the provision of other services, such as garbage collection and street
lighting;
f)
the financial guarantees in respect of municipal water, sewer, road and
related works to ensure that each phase of the work will be done in
accordance with the Approval;
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PARTJ-GENERALREGULATIONS
g)
the financial and other obligations of the parties to the agreement;
h)
the legal survey of the property.
21.
Development Permit
(1)
A plan or drawing which has been approved by the Town and which bears a
mark and/or signature indicating such approval together with a permit shall
be deemed to be permission to develop land in accordance with these
Regulations but such permission shall not relieve the applicant from full
responsibility for obtaining permits or approvals under any other regulation or
statute prior to commencing the development; from having the work carried
out in accordance with these Regulations or any other regulations or statutes;
and from compliance with all conditions imposed thereunder.
(2)
The Town may attach to a permit or to approval in principle 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 Town 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 Town for further periods not exceeding two years.
(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 advert-
isement, which may be renewed in accordance with Regulation 32 of these
Regulations.
(5)
The approval of any application and plans or drawings or the issue of a permit
shall not prevent the Town from thereafter requiring the correction of errors,
or from ordering the cessation, removal of, or remedial work on any
development being carried out in the event that the same is in violation of this
or any other regulations or statute.
(6)
The Town may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit
was issued in error or was issued on the basis of incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications upon
which a permit to develop has been issued by the Town.
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PART 1- GENERAL REGULATIONS
(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.
22.
Reasons for Refusing Permit
The Town shall, when refusing to issue a permit or attaching conditions to a permit,
state the reasons for so doing.
23.
Notice of Application
When a change in nonconforming use is to be considered (see also Ministerial
Regulations), or when the development proposed is listed as a discretionary use in
Schedule C of the Regulations the Town shall, at the expense of the applicant, give
notice of an application for a permit or for approval in principle, by public advertise-
ment in a newspaper circulating in the area or by any other means deemed
necessary.
When a variance is necessary under Regulation 12 (see also Ministerial
Regulations), the Town shall, at the expense of the applicant, give written notice to
the property owners in the immediate vicinity of the proposed variance.
24.
Right of Entry
The Town, 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 Town is empowered to regulate.
25.
Record of Violations
Every inspector shall keep a record of any violation of these regulations which
comes to his knowledge and report that violation to the Town.
26.
Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to
these Regulations, the Town may order that person to stop the development
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PART I- GhiVERAL REGULATIONS
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 26(1)
is guilty of an offence under the provisions of the Act.
27.
Appeals
See Ministerial Regulations- Sections 5 to 11 and Sections 40 to 48 of the Urban
and Rural Act 2000 ..
Where an appeal lodged under Section 42 of the Urban and Rural Planning Act has
been successful, the fee paid by the appellant shall be reimbursed by the Town.
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PART II - GENERAL DEVt."'LOPMENT STANDARDS
PART II - GENERAL DEVELOPMENT STANDARDS
28.
Access Ramps
An access ramp for a wheel chair, may, at the discretion of the Town after
consultation with abutting property owners, be erected in a minimum front, rear or
side yard if there is no alternative means of providing the access ramp and it does
not create a safety hazard or block sight lines.
29.
Accesses and Service Streets
(1)
Access shall be located to the specification of the Town so as to ensure the
greatest possible convenience and safety of the street system and the Town
may prescribe the construction of service streets to reduce the number of
accesses to collector and arterial streets.
(2)
Any access to a Provincial Highway must be approved by the Department of
Transportation and Works.
(3)
No vehicular access shall be closer than 10 metres to the street line of any
street intersection.
30.
Accessory Buildings (see also Subsidiary Dwellings)
This regulation only applies to single dwelling, double dwelling, row dwelling,
apartment building, boarding house- bed and breakfast and seasonal residential use
classes accessory buildings. Accessory buildings for all other use classes are
treated in the same manner as the principal or main buildings.
(1)
General -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 as the main building or buildings.
(2)
Building Line - The minimum building line (distance from the front lot line) for
an accessory building shall be 8 metres.
(3)
Side Yard - Except for row and double dwellings where an accessory building
can be built to the side lot line provided that the wall adjoining the side lot line
is of fire resistant construction, the minimum side yards (distance from the
side lot lines) are as follows:
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PART II - GENERAL DEVELOPMENT STANDARDS
a)
Minimum Side Yard - building up to 4 metres in height
1 metre
b)
Minimum Side Yard - building exceeds 4 metres height
2 metres
c)
Minimum Side Yard Flanking Road (Corner Lot)
8 metres.
(4)
Rear Yard - The minimum rear yard (distance from the rear lot line) of an
accessory building shall be 1 metre for any building up to 4 metres in height,
and 2 metres for any building more than 4 metres in height up to the
maximum allowable height of 6 metres.
(5)
Separation Distance from Dwelling - Accessory buildings shall maintain a
minimum separation distance of 3 metres from a dwelling.
(6)
Lot Coverage - The combined lot coverage of all accessory buildings,
including accessory dwellings, together with principal and other buildings
on a lot shall not be greater than 33%.
(7)
Floor Area - No floor area requirements are set out for accessory buildings.
(8)
Height - The maximum allowable height of any accessory building shall not
exceed 6 metres, unless it is two metres or closer to the side or rear lot line,
in which case the maximum allowable height shall not exceed 4 metres.
31.
Accessory Uses
See also Schedule A - Definitions.
Subject to the other requirements of these Regulations, including those of Schedule
C, uses accessory to the permitted or discretionary uses are allowed.
Subject to Schedule C, examples of accessory uses include, but are not limited to:
a)
facilities for the serving of food and alcoholic beverages in an arena or other
place of assembly, marina, or hotel (commercial - residential) and/or a gift or
souvenir shop in a museum, hotel or other establishment;
b)
a general garage attached to or forming part of a car-dealership or other
major retail-wholesale outlet;
c)
an office, convenience store and/or catering establishment in a campground;
d)
a marina, dock or wharf in a residential or other zone;
e)
an accessory dwelling, accessory dwelling unit;
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PART II - GENERAL DEVELOPMENT STANDARDS
f)
a business carried out in a dwelling or residential accessory building by a
resident of the dwelling;
g)
a dwelling accessory to a non-residential permitted or discretionary use - for
example, a farm dwelling or a caretaker's dwelling.
These accessory uses shall be clearly subsidiary to and controlled so as to be
compatible with the primary use and the use of nearby properties.
32.
Advertisements and Signs
The terms "advertisement" and "sign" are interchangeable.
(1)
Permit Required - Unless specifically exempted, no advertisement shall be
erected or displayed in the Planning Area unless a permit for the
advertisement is first obtained from the Town, and, where necessary, from
the Department of Government Services.
(2)
Form of Application - Application for a permit to erect or display an adver-
tisement shall be made to the Town in accordance with Regulation 17.
(3)
Advertisements in Street Reservation - No advertisement shall be erected or
displayed within, on or over any highway or street reservation unless it is a
premises sign (advertisement relating to onsite uses) and where applicable,
unless this sign has been approved by the Town and the Department of
Government Services and/or the Department of Transportation and Works.
(4)
Permit Valid for Limited Period
a)
A permit shall be valid for a period of one year and failure by the
applicant to initiate construction before expiration of the first permit
year shall require reapplication to the Town.
b)
Where, upon expiration of the first permit year a person wants the
continued placement of that sign, that person shall apply to the Town
for a renewed permit.
c)
The Town may issue a renewed permit and that renewed permit shall
be valid for a period of three years, and this must subsequently be
renewed for further three year periods if the sign is to remain in place.
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PART II - GENERAL DEVELOPMENT STANDARDS
d)
A renewed permit shall not be issued until the Town is satisfied that
the sign has been maintained to its satisfaction and conforms to these
Regulations and the conditions attached to the permit.
(5)
Removal of Advertisements - Notwithstanding the provisions of these
Regulations, the Town may require the removal of any advertisement which,
in its opinion, is:
a)
hazardous to road traffic by reason of its siting, colour, illumination,
maintenance or structural condition; or,
b)
detrimental to the amenities of the surrounding area.
(6)
Signs - Non-Conforming Uses - A permit may be used for the erection or
display of advertisements on a building or within the courtyard of a building
or on a parcel of land, the use of which is a non conforming use, provided
that the advertisement does not exceed the size and type of advertisement
which could be permitted if the development was in a Use Zone appropriate
to its use, and subject to any other conditions deemed appropriate by the
Town.
(7)
Prohibition - A sign shall not be erected, posted or placed:
a)
where in the opinion of the Town, that sign would be hazardous to
road traffic by reason of its siting, illumination or structural condition;
b)
where in the opinion of the Town that sign would be detrimental to the
amenities of surrounding areas or length of highway or road;
c)
where that sign is not maintained to the satisfaction of the Town;
d)
within or over a highway or street intersection unless otherwise
approved by the Town for Town roads, or by the Department of
Transportation and Works for roads under Provincial jurisdiction;
e)
with the exception of premises advertisements, within 300 metres, or
a distance specified by the Department of Transportation and Works,
or the Town of the intersection of two or more highways and/or for
Town roads, or from the crossing of a public road;
f)
at a location that is objectionable to residents of the immediate area;
and
g)
on a sign erected by the Department of Transportation and Works.
(8)
Signs or Advertisements Not Specifically Covered - If for some reason an
application is received for a sign or advertisement that does not fall into one
of the categories set out under these Regulations, then subject to the other
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PART II - GENERAL DEVELOPMENT STANDARDS
applicable requirements of these Regulations, the Town may approve,
approve with conditions, or refuse to approve the sign or advertisement.
33.
Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area
without application to the Town:
a)
a posting of a candidate in a federal, provincial or municipal election or a
regional school board election;
b)
a temporary sign relating to federal, provincial or municipal public works;
c)
a notice required by law to be posted;
d)
a regulatory, warning, directional, guide or informational sign erected by the
Department of Transportation and Works;
e)
a sign placed by a telephone, telegraph or electric power company to indicate
danger;
f)
a sign, not exceeding 0.5 square metres, advertising the sale or rental of a
building or lot upon which the sign is located;
g)
a flag, emblem or insignia of a nation, country or province;
h)
one temporary sign related to building construction located on a site on which
the work is being carried out;
i)
on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.28 m2 in area;
j)
on an agricultural holding or farm, a notice board not exceeding 1.5 m' in
area and relating to the operations being conducted on the land;
k)
on land used for forestry purposes, signs or notices not exceeding 1 m' in
area and relating to forestry operations or the location of logging operations
conducted on the land;
I)
on land used for mining or quarrying operations, a notice board not exceeding
1 m2 in area relating to the operation conducted on the land;
m)
on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.28 m2 in area in connection with the practice of a business
carried on in the premises;
n)
on any site occupied by a church, school, library, art gallery, museum,
institution or cemetery, one notice board placed no closer than 3 metres from
a street line;
o)
on the principal facade of any commercial, industrial or public building, the
name of the building or the name of the occupants of the building, in letters
not exceeding one-tenth of the height of that facade or 3 m, whichever is the
lesser;
p)
on any parking lot directional signs and one sign not exceeding 1 m2 in size,
identifying the parking lot; and,
Town of Sunnyside
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PARTJJ - GENERAL DEVELOPMENT STANDARDS
q)
a sign indicating the location of a municipal or municipal planning area
boundary, located beyond the back slope of a highway ditching.
34.
Advertisements - Temporary and/or Portable Signs
A temporary and/or portable sign may be permitted in any zone for a period not
exceeding 30 consecutive days, provided the sign:
a)
does not exceed 4 square metres in area;
b)
does not create or aggravate a traffic hazard, such as by blocking a sight-line;
c)
does not interfere with other lawful signs, including directional signs;
d)
is of a location, materials, design and colour in keeping with the character and
appearance of the area;
e)
if necessary, is approved by the Department of Government Services,
together with the Town.
The sign shall be immediately removed upon expiry of the permit.
A renewal permit for a temporary and/or portable sign may only be issued thirty days
after the expiry of the original permit.
35.
Advertisements and Signs near Highways
Pursuant to Newfoundland Regulation 85/99 as amended, the Provincial
Government has designated "control lines" alongside each provincially maintained
route. These lines extend 400 metres from the highway centre lines, except that the
control area is reduced within the within Municipal Boundaries and built up areas of
incorporated communities to 100 metres
from the centre line of a provincial
highway. Advertisements and signs falling within the designated control lines of any
highway must be referred to and approved or exempted by the Government Services
office serving the area.
36.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement,
including premises signs, 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 Town, having regard to the safety and
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PART II - GENERAL DEVELOPMENT STANDARDS
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area;
b)
unless it is a sign affixed to the wall or canopy of a building the advertisement
shall not exceed 5 square metres in area on any side.
37.
Advertisements Relating to Offslte 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)
which 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 Town, having regard to the grade and alignment of streets,
the location of street junctions, the location of nearby buildings and the
preservation of the amenities of the surrounding area.
38.
Agriculture
(1)
Agricultural uses are regulated by the Town and the Provincial Government,
subject to the Farm Practices Act and other relevant legislation. Agricultural
uses shall be approved by both the Agrifoods Branch of the Department of
Natural Resources and the Town, together with other appropriate agencies.
(2)
Except for infill development any residential development within 600 metres
of structure containing more than five animal units must be referred to the
Agrifoods Branch for a recommendation. The Town shall not issue a permit
contrary to the recommendation.
(3)
Any livestock structure (barn) containing five or more animal units must be
located at least 600 metres from a non-farm dwelling, unless otherwise
determined after referral to, and upon recommendation of, the Agrifoods
Branch. The structure shall be at least 60 m from the boundary of the
property on which it is to be erected and shall be at least 90 m from the
centre line of a street. The erection of the structure shall be approved by the
Agrifoods Branch before a permit is issued by the Town.
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PART II - GEN1''R.4L DEVELOPMENT STANDARDS
(4)
Subject to the approval of the Agrifoods Branch, including the principal farm
residence, two dwellings can be allowed on a farm provided they are located
on the same parcel of land and the second dwelling is located in such a way
as not to prejudice the farm operation.
39.
Archaeological Resources and Heritage Sites and Areas
(1)
If an archaeological site or historical art/facts are discovered during construc-
tion, development shall stop and the Provincial Archaeology Office of the
Department of Tourism, Culture and Recreation consulted. Development
shall not proceed until the Provincial Archaeology Office has evaluated the
site.
(2)
Any development proposal for McKay Island (Frenchman's Island} and areas
along the shoreline of Little Mosquito Cove and the southern shore of Bull
Arm shall be referred to the Provincial Archaeology office in the planning
stages to ensure that potential historic resources are not disturbed or
destroyed. The Town may also submit proposals in other areas to the
Provincial Archaeology Office for review before a permit or approval is
granted.
(3)
Before approval is granted for a major development, such as a subdivision,
or a new commercial or public building, the application shall be referred to the
Provincial Archaeology Office for investigation.
(4)
After proper notification and consultation, the Town may designate any
property or structure a heritage property or building and require that certain
conditions pertaining to appearance and upkeep be maintained.
(5)
The Town may designate an entire area containing groupings of
archaeological and/or heritage sites a heritage area under which certain
conditions designed to protect and best develop the resources are put into
place.
40.
Buffers · Non-Residential
Where any non-residential use abuts a residential use or area, 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. The buffer shall
include the provision of grass strips, hedges, trees or shrubs, or structural barriers
as may be required by the Town, and shall be maintained by the owner or occupier
to the satisfaction of the Town.
Town ofSunnyside
Development Regulations 2006
41.
Building Line and Setback
Page 17
PART II - GENERAL DEVELOPMENT STANDARDS
(1)
The Town, 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.
(2)
The building line setback is measured from the front property line.
(3)
In accordance with the Building Near Highways Regulations 1997, the
building line along Provincial highways shall not be less than that specified
under the Building Near Highways Regulations. The minimum building line is
10 metres from the centre-line of Sunnyside Road to Centre Cove and 45
metres from the centre-line of the Trans Canada Highway.
42.
Buildings on a Lot
(1)
More than one apartment building, double dwelling, and/or row dwelling can
be allowed on a lot, provided that the requirements of Schedule C and other
parts of these regulations are satisfied.
(2)
More than one single dwelling can be allowed on a lot provided that the
requirements of Schedule C and other parts of these regulations are satisfied
and provided the dwellings are located and serviced in such a way that
should it be necessary, the property can be subdivided to create two or more
that the lots, dwellings and accessory buildings located on these lots can
meet the requirements of the Use Zone in which they are located.
(3)
Other Use Classes - two or more buildings can be erected on a lot provided
that the yard and setback and other requirements of Schedule C and other
parts of these regulations are satisfied.
43.
Campground
A plan of the campground shall be submitted in a format satisfactory to the Town,
showing and specifying the number and location of campsites and all facilities,
services, internal roads and measures for buffering and/or screening. The approved
plan, together with any other approvals and conditions shall form part of the permit.
Town of Sunnyside
Development Regulations 2006
44.
Child Care
Page 18
PART JI - GENERAL DEVELOPMENT STANDARDS
Where allowed, a child care facility shall be compatible with the residential or other
area within which it is located. In a residential area there shall be no visible indication
that such a use is occurring, except for a small identification sign. The approval of
the Department of Government Services is required before a permit for a child care
facility is issued by the Town.
45.
Comprehensive Development
At its discretion the Town may approve a comprehensive development that only in
its overall density and land use complies with the development standards of a Use
Zone. Provided that the comprehensive development itself fronts on a public road
and there is adequate access, dwellings and other buildings within the
Comprehensive Development need not directly front on a public road. A
comprehensive development is subject to an Approval in Principle.
46.
Decks
An open or partially enclosed deck attached to the dwelling shall not extend into the
minimum permissible front and side yards and flanking road setback and shall not
be closer to the rear lot line than 1 metre. A deck is not included in the calculation
of lot coverage under Schedule C. Decks attached to non-dwelling buildings shall not
extend into the minimum rear yard for the use.
47.
Discretionary Use Classes
The discretionary use classes listed in Schedule C may be permitted at the
discretion of the Town provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
48.
Entrance and Window Wells
An entrance well or a window well is permitted in the minimum front, rear or side
yard under Schedule C provided it does not extend more than 0.3 metres above
grade.
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PART If - GENERAL DEVELOPMENT STANDARDS
49.
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 Town, the use of the dwelling
does not materially differ from, nor adversely affect, the amenities of the adjacent
residences, or the neighbourhood in which it is located. The Town may require
special access and safety features to be provided for the occupants before
occupancy is permitted.
50.
Fences
(1)
Applicability - Except as otherwise set out in Schedule C or in a Fence
Regulation adopted under the Municipalities Act, the requirements of this
Section shall apply to all fences.
(2)
Fence - For the purpose of this Section a fence includes a vertical physical
barrier constructed out of typical fencing materials, and includes hedges,
shrubs and landscaping features used for these purposes, and, that portion
of a retaining wall which projects above the surface of the ground which it
supports.
(3)
Public Authorities - These Regulations shall apply to all public authorities
except in those cases where an exception from the Regulations is require to
respond to an emergency or for a public purpose.
(4)
Damages - The Town shall not be liable for any damages for the repair of any
fence whatsoever where the Town, its employees or agents or otherwise
have acted without negligence. In particular, the Town shall not be liable for
any damages or repairs of any fence whatsoever during the normal operation
of snow clearing on streets or sidewalks located within the Municipal Planning
Area.
(5)
Order to Remove Fence - When in the opinion of the Town, a fence creates
a safety hazard or obstruction or impedes snow-clearing due to its location,
height or construction material, the Town may issue an order to the property
owner stating that the fence or portions thereof be removed, reconstructed
or repaired within a specified time in order to correct the safety hazard or
obstruction and the cost to remove, construct or repair said fence or part
thereof will be at the owner's expense. In the event that the property owner
does not remove the fence within the specified time as ordered, the Town
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PART II - GENERAL DEVELOPMENT STANDARDS
may remove the fence and the cost to remove, reconstruct or repair said
fence will be at the owner's expense.
(6)
Fence Materials - The material or materials used in the erection and repair of
a fence, shall only be of a type which meets the approval of the Council.
(7)
Sight Lines
- No fence shall be erected which can block vision at an
intersection by virtue of its location or height.
(8)
Maximum Height - The maximum height of a fence shall not exceed 1.8
metres except where additional height is required by the Town for screening
or security, in which case the maximum height of a fence shall not exceed 2.4
metres.
51.
Forestry
Approvals for woodcutting or other forestry related activities must be obtained from
the provincial Department of Natural Resources - Forest Management Unit.
Development applications within the Rural Zone must be referred to the applicable
Forest Management Unit in order to ensure that productive forests and domestic
cutting areas are not negatively impacted.
52.
Home Business
A Home Business can only be permitted as an accessory use (Regulation 31) if:
a)
the primary use of the property remains residential and the scope and
intensity of the use classes is entirely compatible with the residential uses of
the property and neighbourhood, and the business is operated by a resident
of the dwelling;
b)
mechanical equipment used is reasonably consistent with the use of a
dwelling.
53.
LotArea
(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.
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PART IJ - GENERAL DEVELOPMENT STANDARDS
(2)
Where any part of a lot is required by these Regulations to be reserved as a
yard, it shall continue to be so used regardless of any change in the
ownership of the lot or any part thereof, and shall not be deemed to form part
of an adjacent lot for the purpose of computing the area thereof available for
building purposes.
54.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots
already exist in any zone, with insufficient frontage or area to permit the owner or
purchaser of such a lot or lots to comply with the provisions of these Regulations,
then these Regulations shall not prevent the issuing of a permit by the Town for the
erection of a dwelling thereon, provided that the lot coverage and height are not
greater than, and the yards and floor area are not less than the standards set out in
these Regulations.
55.
Lot Frontage
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.
56.
Mineral Exploration
(1)
Subject to the other provisions of these Development Regulations, mineral
exploration which is not classed as development by virtue of appreciable soil
disturbance, construction of access roads, noise, odour and appearance can
be permitted anywhere in the Town, provided that adequate notification is
provided to the Town.
(2)
Mineral exploration which is classed as development shall or may only be
permitted where it is set out as a permitted or discretionary use in a use zone
under Schedule C and provided that:
a)
adequate provision is made for buffering and/or other means of
reducing or eliminating the impacts of the exploration on other uses,
the environment and waterways and wetlands;
b)
where there is soil disturbance, the developer shall provide a site
restoration or landscaping surety and/or other satisfactory guarantees
of site restoration or landscaping to the Town.
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PART 11 - GENERAL DEVELOPMENT STANDARDS
(3)
No permit shall be issued by the Town for mineral exploration until the
necessary permits and approvals have been obtained from the Departments
of Natural Resources, Government Services, and Environment and
Conservation, together with any other relevant Provincial agencies.
57.
Mineral Working
Where permitted, mineral workings are subject to this Regulation, any other
applicable regulations and the approval of the Department of Mines and Energy.
No residential development shall be permitted closer than 300 metres to a mineral
working unless the Town and the Department of Mines and Energy are satisfied that
such development will not adversely affect the operations of the existing or proposed
mineral working.
(1)
Separation from Adjacent Uses - Unless the Town is satisfied that the
working will not create a nuisance and will not adversely affect the amenity
of the specified development or natural feature, no mineral working shall be
located closer than the minimum distances set out below to the specified
development or natural feature:
a)
Existing or Proposed Residential Development
b)
c)
d)
e)
i)
ii)
where no blasting is involved
where blasting is involved
Any Other Existing or Proposed Development
Public Highway or street
Protected Road
Body of water or watercourse
300 metres
1000 metres
150 metres
50 metres
90 metres
50 metres
(2)
Screening - A mineral working shall be screened in the manner described
below where it is visible from a public street or highway, developed area, or
area likely to be developed during the life of the use.
a)
Where tree screens exist between the mineral working and adjacent
public highways and streets or other land uses (excepting forestry and
agriculture), the tree screens shall be retained in a 30-metre wide strip
of vegetation so that visibility of any part of the use from the surround-
ing uses or streets will be prevented. The tree screens must be
maintained by the owner or occupier of the use to retain 30 metres in
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Development Regulations 2006
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PART II - GENERAL DEVELOPMENT STANDARDS
a forested appearance. Where vegetation dies or is removed from the
30-metre strip, the Town may require new trees of a minimum height
of 1 metre be planted to fill in the areas affected to the satisfaction of
the Town or, at the discretion of the Town, condition (2)(b) must be
undertaken.
b)
Where no tree screens exist of sufficient width and density to
constitute a visual screen, earthen berms shall be constructed to a
height sufficient to prevent visibility of any part of the mineral working
from adjacent uses (excepting forestry and agriculture), or adjacent
public highways and streets. The berms shall be landscaped to the
Town's satisfaction.
c)
Where natural topography creates a visual screen between mineral
workings and adjacent public highways and streets or other land uses
(excepting forestry and agriculture), additional screening may not be
required.
d)
Where effective screening for any mineral working or associated
processing or manufacturing use cannot be installed or located as
required above, the Town may refuse to permit the use or associated
activity.
(3)
Fencing - The Town may require the mineral working site or excavated areas
of a pit or quarry working to be enclosed by a fence designed and constructed
to its specifications and no less than 1.8 metres in height.
( 4)
Water Pollution - No mineral working or associated storm or sanitary drainage
shall unacceptably reduce the quality of water in any body of water or
watercourse. Any access road to a pit or quarry working which crosses a
brook or stream shall be bridged or culverted at the crossing in accordance
with the Regulations of the Department of Environment and Conservation.
(5)
Water Ponding - No mineral working or associated storm or sanitary drainage
shall unacceptably reduce the quality of water in any body of water or
watercourse. Any access road to a pit or quarry working which crosses a
brook or stream shall be bridged or culverted at the crossing in accordance
with the Acts and Regulations of the Department of Environment and
Conservation.
(6)
Erosion Control - No mineral working shall be carried out in a manner so as
to cause erosion of erosion of adjacent land.
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PART ff - GENERAL DEVELOPMENT STANDARDS
(7)
Site Maintenance - The mineral working shall be kept clean of refuse,
abandoned vehicles, and abandoned equipment and any derelict buildings.
(8)
Access Roads - During extended periods of shutdown, access roads to a
mineral working shall be ditched or barred to the satisfaction of the Town.
(9)
Stockpiling Cover Material -All stumps, organic material and topsoil, including
the rusty coloured and iron stained layer, shall be stripped and stockpiled at
least 5 metres from active quarry or stockpile areas. The owner or operator
shall ensure that the quality of the topsoil is not affected by dilution with other
materials.
(10)
Operating Plant and Associated Processing and Manufacturing
a)
The Town may permit processing and manufacturing use associated
with mineral workings provided that, in the opinion of the Town, the
use does not create a nuisance nor is liable to become a nuisance or
offensive by the creation of noise or vibration, or by reason of the
emission of fumes, dust, dirt, objectionable odour, or by reason of
unsightly storage of materials.
b)
all permanent or temporary buildings, plants and structures associated
with processing and manufacturing will be located so as not to
interfere with the present or future extraction of aggregate resources.
c)
the Town may specify a minimum separation distance between
operating plant or associated processing and manufacturing structure
or equipment and adjacent developed areas likely to be developed
during the life of the mineral working.
(11)
Termination and Site Rehabilitation -Upon completion of the mineral working,
the following work shall be carried out by the operation:
a)
all buildings, machinery and equipment shall be removed;
b)
all pit and quarry slopes shall be graded to slopes less than 20° or to
the slope conforming to that existing prior to the mineral working;
c)
topsoil and any organic materials shall be re-spread over the entire
quarried area;
d)
the access road to the working shall be ditched or barred to the
satisfaction of the Town;
e)
if the mineral working contains reserves of material sufficient to
support further extraction operations, the Town may require the work
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PART ll - GENERAL DEVELOPMENT STANDARDS
described above to be carried out only in areas of the site where
extraction has depleted aggregate reserves.
58.
Non-Conforming Uses
(1)
See Section 108 of the Urban and Rural Planning Act and Sections 14, 15,
and 16 of the Ministerial Development Regulations.
(2)
Discontinuance - Subject to Section 17 of the Ministerial Development
Regulations and Section 108 (2) of the Urban and Rural Planning Act:
a)
a non-conforming use of land may be resumed within one year of its
discontinuance;
b)
for the purpose of this Regulation, discontinuance of a non-conforming
use begins when any one of the following conditions is met:
(i)
the building or use of land is clearly vacated or the building is
demolished;
(ii)
the owner or tenant has ceased paying taxes for that use;
(iii)
the owner or tenant has stated in writing that the use has
ceased.
59.
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by
causing or promoting fires or other hazards or which may emit noxious, offensive or
dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise
or vibration, or create any nuisance that has an unpleasant effect on the senses
unless its use is authorized by the Town and any other authority having jurisdiction.
60.
Parks and Playgrounds
Parks and playgrounds are permitted in any zone, provided however, that such
parks and playgrounds are not located in areas which may be hazardous to their use
and are not operated for commercial purposes.
61.
Public Services and Public Utilities
The design and location of such public services and public utilities shall take into
consideration their impact on nearby land uses and persons, the environment and
archaeological resources within the Town, along with other matters that the Town
may deem to be significant.
Town of Sunnyside
Development Regulations 2006
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PART 11 - GENERAL DEVELOPMENT STANDARDS
62.
Road Frontage
Unless otherwise set out in these Development Regulations, all use classes except
marinas and transportation uses, must front onto an existing public road or a
subdivision road built in conformity with the standards in these Regulations.
63.
Screening and Landscaping
The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit where, in the opinion of the Town, the
landscaping or screening is desirable to preserve amenity, or protect the
environment.
64.
Site Development
(1)
Before approving the development of any site, the Town shall take into
consideration the adequacy of site grading, drainage and landscaping and the
potential of the development to cause erosion onto and pollution of adjacent
development and lands and bodies of water receiving drainage from the site,
along with other similar matters.
(2)
The Town shall ensure that the proposal is not inappropriate by reason of:
a)
precipitating or contributing to a pollution problem in the area; or,
b)
causing erosion and/or sedimentation.
65.
Site Development Quarry and Soil Removal
(1)
(2)
(3)
(4)
If, as part of another development, quarry material is to be removed and sold
or otherwise disposed of, then a separate quarry permit shall be issued once
development approval is granted by the Town. A copy of this permit must be
forwarded to the Department of Natural Resources, Mineral Lands Division.
A site development quarry under this section is permitted wherever the use
that the quarry is associated with is permitted.
A quarry permit issued under this section shall only be valid for the term of
the site development.
When the work is completed, the area affected shall be suitably landscaped
and drained in accordance with a plan approved by the Town.
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Development Regulations 2006
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PART II - GENERAL DEVELOPMENT STANDARDS
(5)
If the site work is extensive, the Town may require the deposit of a surety in
the amount of $500.00 which shall be returned to the developer upon
satisfactory completion of the work.
66.
Street Construction Standards
A new street may not be constructed except in accordance with the design and
specifications laid down by the Town.
67.
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.
68.
Subsidiary Dwelling (see also Regulation 31 - Accessory Buildings)
A subsidiary dwelling is permitted in the rear yard of a single dwelling in a building
separate from the single dwelling, subject to the following requirements:
a)
the subsidiary dwelling is located in the rear yard of the single dwelling;
b)
fire and other safety issues are properly addressed in the location, access
and design of the subsidiary dwelling, and this may entail the provision of a
completely unobstructed side yard wide enough to provide access for
emergencies which is greater than the minimum side yard for single dwellings
in this zone;
c)
unless it is only used as a separate sleeping quarters, the subsidiary dwelling
shall be connected to municipal water and sewer services;
d)
the maximum floor area shall be 60 square metres;
e)
the minimum distance from the side and rear property boundaries is 3 metres;
f)
maximum height is 6 metres.
69.
Trans Canada Highway Protected Road Zoning Plan
Development within 100 metres of the centre-line of the Trans Canada Highway,
(Highway 1) is subject to review by the Government Service Centre of the
Department of Government Services before a permit is issued by the Town.
Town of Sunnyside
Development Regulations 2006
70.
Unserviced Development
Page 28
PART II - GENERAL DEVELOPMENT STANDARDS
Development lacking one or both of municipal water and sewer services shall be
approved by the Department of Government Services before a permit is issued by
the Town.
71.
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.
72.
Waterways and Wetlands
(1)
Except as otherwise shown on the Land Use Zoning Maps, the minimum
width of a buffer along a waterway or wetland shall be 15 m from the
highwater mark of the stream, river, pond or other body of water. If the
embankment is steep, then the buffer shall be measured from the top of the
embankment.
(2)
Unless it is infill development or the area is otherwise developed,
development within 200 metres of a licenced salmon river, must be reviewed
by the Department of Fisheries and Oceans Canada before approval is
granted by the Town.
(3)
The only uses that may be permitted in the buffer area of a waterway are
trails, and trail related accessory uses, and uses requiring direct access to a
body of water.
These uses are subject to the approval of the Water Resources Division of
the Department of Environment and Conservation, Department of Fisheries
and Oceans Canada and where applicable, the Government Service Centre
of the Department of Government Services for Crown Lands and referrals.
( 4)
The Town or the Provincial Government may subject development within the
buffer area of a waterway to an environmental review, and may approve,
approve subject to conditions, or refuse such development. The matter of
adequate and usable legal public access to the waterway shall be a
consideration in the review of an application for a structure within a buffer
and/or waterway.
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Development Regulations 2006
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PART !I - GENERAL DEVELOPMENT STANDARDS
(5)
Any development within a waterway or involving the alteration of a waterway
must be approved by or exempted by the following agencies:
Department of Environment and Conservation for Crown Lands and
referrals;
Coast Guard Canada of the Department of Fisheries and Oceans -
Navigable Waters Act;
Fish Habitat Division of the Department of Fisheries and Oceans;
Water Resources Division of the Department of Environment and
Conservation.
(6)
If a waterway or wetland is deemed to be minor (intermittent and/or a
drainage course and/or no evidence of fish and/or not apparently significant
for flood control or water management), such waterways and wetlands shall
wherever possible remain undeveloped and protected by a buffer. If a site is
to be developed, alternatives to covering over or eliminating such waterways
and wetlands shall be explored, including relocation of the waterway or
wetland and/or redesign of the development.
73.
Wind Mills, Wind Turbines, Wind Farms
Utilities (Schedule B), which include wind mill, wind turbines, wind farms, together
with access roads and associated facilities, are subject to the approval of relevant
provincial and federal departments and agencies and public utilities.
The design and location of such utilities shall take into consideration their impact on
nearby land uses and persons, the environment and archaeological resources within
the Town, along with other matters that the Town may deem to be significant.
Utilities within the built-up areas are limited to single wind mills or wind turbines
designed and sized to serve particular properties.
To prevent damage to persons and properties due to the failure of windmill or any
of its components or the shedding of ice, the Town shall ensure that there is
adequate separation distance between the windmill and nearby structures and
properties.
The design, construction and location of a windmill shall be certified by a competent
professional who has consulted with the required agencies.
Town of Sunnyside
Development Regulations 2006
Page 30
PART lll - SUBDIVISION OF LAND
PART Ill ·SUBDIVISION OF LAND
74.
Permit Required
No land in the Planning Area shall be subdivided unless a permit for the
development of the subdivision is first obtained from the Town.
75.
Building Permits Required
Notwithstanding the approval of a subdivision by the Town, a separate building
permit shall be obtained for each building proposed to be erected in the area of the
subdivision, and no building permit for any building in the area shall be issued until
the developer has complied with all the provisions of these Regulations with respect
to the development of the subdivision.
76.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Map.
77.
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Town, the development of
a subdivision does not contribute to the orderly growth of the municipality and does
not demonstrate sound design principles. In considering an application, the Town
shall, without limiting the generality of the foregoing, consider:
a)
the location of the land;
b)
the availability of and the demand created for schools, services, and utilities;
c)
the provisions of the Plan and Regulations affecting the site;
d)
the land use, physical form and character of adjacent developments;
e)
the transportation network and traffic densities affecting the site;
f)
the relationship of the project to existing or potential sources of nuisance;
g)
soil and subsoil characteristics;
h)
the topography of the site and its drainage;
i)
natural features such as lakes, streams, topsoil, trees and shrubs;
j)
prevailing winds;
k)
visual quality;
I)
community facilities;
m)
energy conservation;
n)
such other matters as may affect the proposed development.
Town of Sunnyside
Development Regulations 2006
78.
Concept Plan and Final Plan - Approval
Page 31
PART Ill - SUBDIVISION OF LAND
(1)
Where there is a larger subdivision of land and/or subdivision of land entailing
the construction of new roads, the Town must grant Approval in Principle
(Part I, Regulation 20) for a concept plan and the arrangements for
construction guarantees before the developer can proceed to the preparation
of construction (final) drawings and a permit is issued for the subdivision.
(2)
The concept plan shall contain the following:
a)
a legal survey of the land included within the subdivision;
b)
a detailed description of the types and standards of development and
services proposed for the subdivision;
c)
the layout of roads, lots, open spaces and other pertinent features of
the development;
d)
the phasing of the development;
e)
the estimated cost of the works in the development by phase as
certified by a professional engineer and verified by the Town's
Engineer.
Upon approval of the Concept Plan the Final Plan (construction drawings and final
lot and road layout, costings for the design and construction of works, etc.) shall be
prepared and approved by the Town and other relevant agencies before construction
is allowed to proceed.
79.
Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Town all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of materials
and labour for the construction and installation of all works calculated in accordance
with the Schedule of Fees recommended by the Association of Professional
Engineers of Newfoundland and in effect at the time the work is carried out.
80.
Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has
been reached for the payment of all fees levied by the Town for connection to public
services, public utilities and streets deemed necessary for the proper development
of the subdivision, and all service levies and other charges imposed under these
Regulations.
Town of Sunnyside
Development Regulations 2006
Page 32
PART Ill - SUBDIVISION OF LAND
81.
Construction and Town Engineer Costs Guarantees
Construction Guarantees - The developer shall deposit with the Town a cash
equivalent surety before the commencement of any phase of the development
sufficient to cover:
a)
the estimated cost of the Town's Engineer for supervision and inspections,
etc. before the commencement of each phase of the development;
b)
40% of the cost of the completion of any phase of the development - which
shall be returned to the developer with accrued interest upon satisfactory
completion (full completion of roads and services, etc. to the Town's
specifications as certified by the Town's Engineer) of the phase.
82.
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Town have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system.
83.
Building Lines
The Town may establish building lines for any subdivision street and require any new
building to be located on such building lines.
84.
Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate
to the Town, at no cost to the Town, an area of land equivalent to not more
than 10% of the gross area of the subdivision for public open space, provided
that:
a)
where land is subdivided for any purpose other than residential use,
the Town shall determine the percentage of land to be dedicated;
b)
if, in the opinion of the Town, no public open space is required, the
land may be used for such other public use as the Town may
determine;
c)
the location and suitability of any land dedicated under the provisions
of this Regulation shall be subject to the approval of the Town but in
any case, the Town shall not accept land which, in its opinion is
incapable of development for any purpose;
d)
the Town may accept from the developer in lieu of such area or areas
of land the payment of a sum of money equal to the value of the land
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Development Regulations 2006
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PART lll - SUBDIVISION OF LAND
which would otherwise be required to be dedicated;
e)
money received by the Town in accordance with this Regulation shall
be reserved by the Town for the purpose of the acquisition or
development of land for public open space or other public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Town and may be sold or leased by the Town for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall
be applied against the cost of acquisition or development of any other land
for the purposes of public open space or other public purposes.
(3)
The Town may require a strip of land to be reserved and remain undeveloped
along the banks of any river, brook or pond, and this land may, at the
discretion of the Town, constitute the requirement of land for public use under
Clause ( 1) of this regulation.
85.
Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive
the prior approval of the Town which shall be satisfied on the question of safe
construction and relationship to the adjoining buildings and other structures within
the street reservation.
86.
Subdivision Design Standards
( 1)
The standard for the design and construction of all work related to
Subdivision development shall be the Government of Newfoundland and
Labrador Municipal Water, Sewer, and Roads Specifications.
(2)
Except as otherwise provided under Schedule C no permit shall be issued for
the development of a subdivision under these Regulations unless the design
of the subdivision conforms to the standards below.
a)
The finished grade of streets shall not exceed 12 percent.
b)
Every cul de sac ("dead end street") 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 300 metres. Where
a road loops back to itself, such as in a P loop, the distance is
measured to the start of the loop.
Town of Sunnyside
Development Regulations 2006
Page 34
PART III - SUBDIVISION OF LAND
d)
After review by the Town's Fire Chief the length of a cul de sac may
be extended beyond 300 metres, provided that the Town is satisfied
that this will not create additional fire or other hazard risks or unduly
increase maintenance costs.
f)
No cul de sac shall be located so as to appear to terminate a collector
street.
g)
New subdivisions shall have street connections with an existing street
or streets.
h)
All street intersections shall be constructed within 5° of a right angle
and this alignment shall be maintained for 30 m from the intersection.
i)
No street intersection shall be closer than 60 m to any other street
intersection.
j)
No more than four streets shall join at any street intersection.
i)
ii)
Collector Street
Reservation (minimum)
Pavement Width (minimum)
Walkways
Local Street
Reservation (minimum)
Pavement Width (minimum)
Walkways
15 metres
9 metres
See clause k)
15 or 12.5 metres
(see clause n))
6 metres
See clause k).
k)
Walkways - adequate pedestrian access shall be provided along roads
and incorporated into subdivision planning.
I)
The Town may require any existing natural, historical or architectural
feature or part thereof to be retained when a subdivision is developed.
m)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
n)
Where there is potential for additional development, a road reserve of
15 metres (12.5 metres optional) shall be provided, and a reserve of
15or12.5 metres shall be provided along the entire length of a cul de
sac.
Town of Sunnyside
Development Regulations 2006
Page 35
PART III - SUBDIVISION OF LAND
87.
Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters
and catch basins and all other utilities deemed necessary by the Town to
service the area proposed to be developed or subdivided shall be designed
and prepared by or approved by the Engineer.
Such designs and
specifications shall, upon approval by the Town, be incorporated in the plan
of subdivision.
(2)
Upon approval by the Town of the proposed subdivision, the Engineer shall
certify all work of construction layout preliminary to the construction of the
works and thereupon the developer shall proceed to the construction and
installation, at his own cost and in accordance with the approved designs and
specifications and the construction layout certified by the Engineer, of all
such water mains, hydrants, sanitary sewers and all appurtenances and of
all such streets and other works deemed necessary by the Town to service
the said area.
88.
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks
and paving specified by the Town as being necessary, may, at the Town's discretion,
be deferred until a later stage of the work on the development of the subdivision but
the developer shall deposit with the Town before approval of his application, an
amount estimated by the Engineer as reasonably sufficient to cover the cost of
construction and installation of the works.
In the later stage of the work of
development, the Town shall call for tenders for the work of construction and
installation of the works, and the amount so deposited by the developer shall be
applied towards payment of the contract cost. If the contract cost exceeds the
deposit, the developer shall pay to the Town the amount of the excess. If the
contract price is less than the deposit, the Town shall refund the amount by which
the deposit exceeds the contract price. Any amount so deposited with the Town by
the developer shall be placed in a separate savings account in a bank and all
interest earned thereon shall be credited to the developer.
89.
Transfer of Streets and Utilities to Town
(1)
The developer shall, following the approval of the subdivision of land and
upon request of the Town, transfer to the Town, at no cost to the Town, and
clear of all liens and encumbrances:
Town of Sunnyside
Development Regulations 2006
Page 36
PARTIII- SUBDIVISION OF LAND
a)
all lands in the area proposed to be developed or subdivided which are
approved and designated by the Town for public uses as streets, or
other rights-of-way, or for other public use;
b)
all services or public works including streets, water supply and
distribution and sanitary and storm drainage systems installed in the
subdivision that are normally owned and operated by the Town.
(2)
Before the Town shall accept the transfer of lands, services or public works
of any subdivision, the Engineer shall, at the cost to the developer, test the
streets, services and public works installed in the subdivision and certify his
satisfaction with their installation.
(3)
The Town shall not provide maintenance for any street, service or public work
in any subdivision until such time as such street, service or public work has
been transferred to and accepted by the Town.
90.
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Town is
satisfied that:
a)
the lot can be served with satisfactory water supply and sewage disposal
systems; and,
b)
satisfactory access to a street is provided for the lots.
91.
Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building
types and for landscaping in order to enhance the visual aspects of the
completed development and to make the most use of existing topography and
vegetation.
(2)
Building groupings, once approved by the Town, shall not be changed without
written application to and subsequent approval of the Town.
Town of Sunnyside
Development Regulations 2006
92.
Use Zones
PART IV ·USE ZONES
Page 37
PART IV- 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 Town may in its
discretion, determine the standards, requirements and conditions which shall
apply.
93.
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables
in Schedule C shall be determined by the Town in accordance with the classification
and examples set out in Schedule B.
94.
Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set
out in the appropriate Use Zone Table in Schedule C shall be permitted by the Town
in that Use Zone.
95.
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes
set out in the appropriate Use Zone Table in Schedule C may be permitted in that
Use Zone if the Town is satisfied that the development would not be contrary to the
general intent and purpose of these Regulations, the Municipal Plan, or any further
scheme or plan or regulation pursuant thereto, and to the public interest, and if the
Town has given notice of the application in accordance with Regulation 23 and has
considered any objections or representations which may have been received on the
matter.
Town of Sunnyside
Development Regulations 2006
96.
Uses Not Permitted - Prohibited Uses
Page38
PART IV- USE ZONES
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 and are deemed to be prohibited uses.
Town ofSunnyside
Development Regulations 2006
SCHEDULE A
DEFINITIONS
Page 39
SCHEDULE A - DEFINITIONS
A definition marked with an asterix is also included in the Urban and Rural Planning
Act and/or in the Ministerial Development Regulations. Where there is a conflict, the
Act or Ministerial Development Regulations prevail.
ACCESS* means a way used or intended to be used by vehicles, pedestrians or animals
in order to go from a street to adjacent or nearby land or to go from that land to the street.
ACCESSORY BUILDING* includes:
(i)
a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii)
for the case of residential uses, domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetables storage cellars,
shelters for domestic pets, or radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
in the case of industrial uses, garages, offices, raised ramps and docks.
ACCESSORY USE* means the use that is subsidiary to a permitted or discretionary use
and that is customarily expected to occur with the permitted or discretionary use.
ACT*, unless the context indicates otherwise, means the Urban and Rural Planning Act
2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part
for the purposes of advertisement, announcement or direction; excluding such things
employed wholly as a memorial, or functional advertisement of Councils, or other local
authorities, public utilities and public transport undertakers, and including any boarding or
similar structure used or adapted for use for the display of advertisements.
AGRICULTURE means horticulture, fruit growing, grain growing, seed growing, dairy
farming, the breeding or rearing of livestock, including any creature kept for the production
of food, wool, skins, or fur, or for the purpose of its use in the farming of land, the use of
land as grazing land, meadow land, osier land, market gardens and nursery 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.
Town ofSunnyside
Development Regulations 2006
Page 40
SCHEDULE A - DEFINITIONS
AMUSEMENT USE means the use of land or buildings equipped for the playing of
electronic, mechanical, or other games and amusements including electronic games, pinball
games and slot machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
1 cow (including calf);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
APARTMENT BUILDING means a building containing three or more dwelling units, but
does not include a row dwelling.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT* means a person who has applied to an authority for an approval or permit
to carry out a development.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic
arteries of the area and defined as arterial streets or highways in the Municipal Plan or on
the Zoning Map.
AUTHORITY* means a council, authorized administrator or regional authority.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment for
paid temporary accommodation for up to sixteen (16) overnight guests that may include a
dining room for the use of overnight guests and their invitees. The establishment must be
registered with and receive a rating from Canada Select and also must be approved by the
Provincial Department of Tourism, Culture and Recreation as a Bed and Breakfast
operation.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
Town qfSunnyside
Development Regulations 2006
Page 41
SCHEDULE A ·DEFINITIONS
BUILDING- means
(i)
a structure, erection, alteration or improvement placed on, over or under land
or attached, anchored or moored to land,
(ii)
mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar uses,
(iii)
a part of and fixtures on buildings referred to in subparagraphs (i) and (ii), and
(iv)
an excavation of land whether or not that excavation is associated with the
intended or actual construction of a building or thing referred to in
subparagraphs (i) to (ii).
BUILDING HEIGHT* means the vertical distance, measured in metres,
from the
established grade to:
(i)
the highest point of the roof surface of a flat roof
flat Roof
(ii)
the deck line of a mansard roof
and
(iii)
the mean height level between eave and ridge of a gable, hip or gambrel roof,
Town ofSunnyside
Development Regulations 2006
Page 42
SCHEDULE A DEFINITIONS
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof.
BUILDING LINE* means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that building may be placed. See figure below.
Town ofSunnyside
Development Regulations 2006
\. Rear Lot Line
Side
Buildable Area
Lot Line
1··-··-··-~~ ~
I
I
I
1 ..
r Front Lot Line "'\ _
Street Right of Way !
Page 43
SCHEDULE A - DEFINITIONS
CAMPGROUND means the use of land for the accommodation of travel trailers,
recreational vehicles, and/or tents.
COLLECTOR STREET means a street that is designed to link local streets with arterial
streets and which is designated as a collector street in the Municipal Plan, or on the Zoning
Map.
DAYCARE CENTRE or DAY NURSERY means a building or part of a building in which
services and activities are regularly provided to children of pre-school age during the full
daytime period as defined under the Day Nurseries Act, but does not include a school as
defined by the Schools Act.
DEVELOPMENT means the carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the use, or
the intensity of use of any land, buildings, or premise and without limiting the generality of
the foregoing, shall specifically include:
(i)
the making of an access onto a highway, road or way;
(ii)
the erection of an advertisement or sign;
(iii)
the parking of a trailer, or vehicle of any description used for the sale of
refreshments or merchandise, or as an office, or for living accommodation,
for any period of time;
Town ofSunnyside
Development Regulations 2006
and shall exclude:
Page 44
SCHEDULE A - DEFINITIONS
(iv)
the carrying out of works for the maintenance, improvement or other
alteration or any building, being works which affect only the interior of the
building or which do not materially affect the external appearance or use of
the building;
(v)
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;
(vi)
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;
(vii)
the use of any building or land within the courtyard of a dwelling house for any
purpose incidental to the enjoyment of the dwelling house as such.
DEVELOPMENT REGULATIONS* means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
DIRECTOR means the Director of Urban and Rural Planning.
DISCRETIONARY USE* means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations.
DOUBLE DWELLING means a building containing two dwelling units, placed one above
the other, or side by side, but does not include a self-contained dwelling containing a
subsidiary apartment.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms
used or designed as the living quarters for one household.
ENGINEER means a professional engineer employed or retained by the Town.
ESTABLISHED GRADE* means,
(i)
where used in reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average elevation
of the finished grade of the ground immediately surrounding the structure exclusive
of any artificial embankment or entrenchment.
Town of Sunnyside
Development Regulations 2006
Page 45
SCHEDULE A - DEFJNJTJONS
FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no
more than six (6) persons exclusive of staff in a home-like setting. Subject to the size
limitation, this definition includes, but is not limited to, the facilities called "Group Homes'',
"Halfway House", and "Foster Home''.
FLOOR AREA* means the total area of all floors in a building measured to the outside face
of exterior walls.
FRONTAGE* means the horizontal distance between side lot lines measured at the building
line.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front
wall of the main building on the lot.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use
to a main building on the lot.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing,
breaking up, demolishing, or treating any article, commodity or substance. "Industry" shall
be construed accordingly.
GENERAL GARAGE means land or buildings used exclusively for repair, maintenance and
storage of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes
involving the use of materials or processes which because of their inherent characteristics,
constitute a special fire, explosion, radiation or other hazard.
HOME BUSINESS means a secondary use of a dwelling and/or its accessory building by
at least one of the residents of the dwelling to conduct a gainful occupation or business
activity.
INSPECTOR means any person appointed and engaged as an Inspector by the Town or
by any federal or provincial authority or the agent thereof.
INSTITUTION means a building or part thereof occupied or used by persons who:
a)
are involuntarily detained, or detained for penal or correctional purposes, or
whose liberty is restricted, or;
b)
require special care or treatment because of age, mental or physical
limitations or medical conditions.
Town o/Sunnyside
Development Regulations 2006
Page 46
SCHEDULE A - DEFINITIONS
LAND* includes land covered by water, and buildings and structures on, over, or under the
soil and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY means the use of any land or buildings for any general industrial use
that can be carried out without hazard or intrusion and without detriment to the amenity of
the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash,
dust, glare or appearance.
LOCAL STREET means a street designed primarily to provide access to adjoining land and
which is not designated as a collector street or arterial street in the Municipal Plan, or on
the Zoning Map.
LODGING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
LOT* means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building.
LOT AREA* means the total horizontal area within the lines of the lot.
LOT COVERAGE* means the combined area of all buildings on the lot measured at the
level of the lowest floor above the established grade and expressed as a percentage of the
total area of the lot.
MARINA means a dock or basin together with associated facilities where slips, moorings,
supplies, repairs, and other services that are typically available for boats and other
watercraft, including storage, sales and rentals, with or without a club house and catering
facilities. It can also include a fishing stage or shed associated with a dock or wharf.
MINERAL EXPLORATION means the activity of searching for minerals or mineral
occurrences, including oil exploration, wherein, for the purposes of these Regulations it
takes the form of development - that is visible and appreciable disturbance to soil.
MINERAL WORKING means land or buildings used for the working or extraction of
construction aggregates.
MINING means land or buildings used for the extraction of ores, salts, oil and/or natural
gas.
MOBILE HOME means a transportable factory-built single family dwelling unit:
Town of Sunnyside
Development Regulations 2006
Page 47
SCHEDULE A - DEF!NITIONS
a)
which complies with space standards substantially equal to those laid down
in the Canadian Code for Residential Construction and is in accordance with
the construction standards laid down and all other applicable Provincial and
Municipal Codes and;
b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot, and
subsequently supported on its own wheels, jacks, posts or piers, or on
a permanent foundation and;
(ii)
connected to exterior public utilities approved by the Town, namely,
piped water, piped sewer, electricity and telephone, in order for such
mobile home unit to be suitable for year round term occupancy.
MOBILE HOME PARK means a mobile home development under single or joint 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 Town.
MOBILE HOME SUBDIVISION means a mobile home development requiring the
subdivision of land whether in single or joint ownership into two or more pieces or parcels
of land for the purpose of locating thereon mobile home units under either freehold or
leasehold tenure and where the maintenance of streets and services is the responsibility
of a municipality or public authority, and where the mobile home development is classified
as a mobile home subdivision by the Town.
NON-CONFORMING USE* means a legally existing use that is not listed as a permitted
or discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone.
OWNER* means a person or an organization of persons owning or having the legal right
to use the land under consideration.
PERMITTED USE* means a use that is listed within the permitted use classes set out in
the use zone tables of an authority's development regulations.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
Town of Sunnyside
Development Regulations 2006
Page 48
SCHEDULE A - DEFINITIONS
PROHIBITED USE* means a use that is not listed within the permitted use classes set out
in the use zone tables of an authority's development regulations.
REAR YARD DEPTH* means the distance between the rear lot line and the rear wall of the
main building on the lot.
RESTAURANT means a building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with meals or refreshments for
consumption on the premises.
ROW DWELLING means a dwelling containing three or more dwelling units at ground level
in one building, each unit separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
SERVICE STATION means any land or building used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of motor
vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the
purpose of limiting direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary purpose
is the selling or offering for sale of goods, wares or merchandise by retail or the selling or
offering for sale of retail services but does not include an establishment wherein the primary
purpose is the serving of meals or refreshments, an amusement use, a general garage, or
a service station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing a minimum of
5 retail establishments.
SHOWROOM means a building or part of a building in which samples or patterns are
displayed and in which orders may be taken for goods, wares or merchandise, including
vehicles and equipment, for later delivery.
SIDE YARD DEPTH* means the distance between the side lot line and the nearest side
wall of a building on the lot. See also Building Line and Yards.
Town ofSwmyside
Development Regulations 2006
Page49
SCHEDULE A - DEFINITIONS
SIGN* means a word, letter, model, placard, board, device or representation whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as
a memorial, advertisements of local government, utilities and boarding or similar structures
used for the display of advertisements.
STREET* means a street, road or highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other emergency
vehicles.
STREET LINE* means the edge of a street reservation as defined by the authority having
jurisdiction.
SUBDIVISION* means the dividing of any land, whether in single or joint ownership, into
two or more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
TAKE-OUT FOOD SERVICE means a building in which the primary purpose is the
preparation and sale of meals or refreshments for consumption off the premises.
TAVERN: includes a nightclub and means a building licensed or licensable under the Liquor
Control Act wherein meals and food may be served for consumption on the premises and
in which entertainment may be provided.
USE* means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE* means an area of land including buildings and water designated on
the Zoning Map to which the uses, standards and conditions of a particular use zone table
in Schedule C of the Regulations relate.
VARIANCE* means a departure, to a maximum of 10% from the yard area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use Zone
Table of the authority's regulations.
WETLAND means an area which is saturated by surface or ground water sufficient to
support, and which under normal circumstances supports a prevalence of vegetation
typically adapted for life in the saturated soil conditions, and includes swamps, marshes,
bogs, fens and similar areas.
Town of Sunnyside
Development Regulations 2006
Page 50
SCHEDULE A - DEFINITIONS
YARD means an open uncovered space on a lot appurtenant to a building (except a court)
and unoccupied by buildings or structures except as specifically permitted elsewhere in
these Regulations.
a
FrontYard
b
Rear Yard
c
Side Yard
d
Flan~ng Yard
ZONING MAP* means the map or maps attached to and forming part of the Regulations.
Town of Sunnyside
Development Regulations 2006
Page 51
SCHEDULE B - CLASS/FI CATION OF USES
SCHEDULE 8
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
ASSEMBLY USES
Cultural and Civic
Libraries, Museums, Art
Galleries, Court Rooms,
Meeting Rooms, Council
Chambers
ASSEMBLY USES
Protection
Police and Fire Stations
ASSEMBLY USES
General Assembly
Community Halls, Lodge
Halls, Dance Halls,
Gymnasia, Auditoria,
Bowling Alleys
ASSEMBLY USES
Educational
Schools, Colleges (non-
residential)
ASSEMBLY USES
Place of Worship
Churches and similar places
of worship, Church Halls
ASSEMBLY USES
Passenger Assembly
Passenger Terminals
ASSEMBLY USES
Club and Lodge
Private Clubs and Lodges
(non-residential)
ASSEMBLY USES
Catering
Restaurants, Bars, Lounges
ASSEMBLY USES
Funeral Home
Funeral Homes and Chapels
ASSEMBLY USES
Child Care
Day Care Centres
ASSEMBLY USES
Amusement
Electronic Games Arcades,
Pinball Parlours, Poolrooms
ASSEMBLY USES
Indoor Assembly
Arenas, Armouries, Ice
Rinks, Indoor Swimming
Pools
Town of Sunnyside
Development Regulations 2006
Page 52
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Outdoor Assembly
Bleachers, Grandstands,
Outdoor Ice Rinks and
Swimming Pools,
Amusement Parks and Fair-
grounds, Exhibition Grounds,
Drive-in Theatres
ASSEMBLY USES
Campground
Campgrounds, Recreational
Vehicle and Travel Trailer
Campgrounds
INSTITUTIONAL
Penal and Correctional
Jails, Penitentiaries, Police
USES
Detention
Stations (with detention
quarters), Prisons,
Psychiatric, Hospitals (with
detention quarters),
Reformatories
INSTITUTIONAL
Medical Treatment and Special
Children's Homes,
USES
Care
Convalescent Homes
Homes for Aged, Hospitals,
Infirmaries
RESIDENTIAL
Single Dwelling
Single Detached Dwellings,
USES
Family & Group Homes
RESIDENTIAL
Double Dwelling
Semi-detached Dwelling,
USES
Duplex Dwellings, Family &
Group Homes
RESIDENTIAL
Row Dwelling
Row Houses, Town Houses,
USES
Family & Group Homes
RESIDENTIAL
Apartment Building
Apartments, Family & Group
USES
Homes
Town o/Sunnyside
Development Regulations 2006
Page 53
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLE
RESIDENTIAL
Collective Residential
Residential Colleges &
Schools, University &
College Halls of Residence,
Convents & Monasteries,
Nurses and Hospital
Residences
RESIDENTIAL
Boarding House Residential
Boarding Houses, Lodging
and/or Bed and Breakfast
Houses, Bed and Breakfast
RESIDENTIAL
Commercial Residential
Hotels & Motels, Hostels,
Residential Clubs
RESIDENTIAL
Seasonal Residential
Summer Homes & Cabins,
Hunting & Fishing Cabins
RESIDENTIAL
Mobile Homes
Mobile Homes
BUSINESS &
Office
Offices (including
PERSONAL
Government Offices), Banks
SERVICE
BUSINESS &
Medical and Professional
Medical Offices and
PERSONAL
Consulting Rooms,
SERVICE
Dental Offices & Surgeries,
Legal Offices & Similar
Professional Offices
BUSINESS &
Personal Service
Barbers, Hairdressers,
PERSONAL
Beauty Parlours, Small
SERVICE
Appliance Repairs
BUSINESS &
General Service
Self-service Laundries, Dry
PERSONAL
Cleaners (not using
SERVICE
flammable or explosive
substances), Small Tool and
Appliance Rentals, Travel
Agents
Town ofSunnyside
Development Regulations 2006
Page 54
SCHEDULE B - CLASSIFJCATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
BUSINESS &
Communications
Radio Stations, Telephone
PERSONAL
Exchanges
SERVICE
BUSINESS &
Police Station
Police Stations without
PERSONAL
detention quarters
SERVICE
BUSINESS &
Taxi Stand
Taxi Stands
PERSONAL
SERVICE
BUSINESS &
Take-out Food Service
Take-out Food Service
PERSONAL
SERVICE
BUSINESS &
Veterinary
Veterinary Surgeries
PERSONAL
SERVICE
MERCANTILE
Shopping Centre
Shopping Centres
MERCANTILE
Shop
Retail Shops and Stores and
Showrooms, Department
Stores
MERCANTILE
Indoor Market
Market Halls, Auction Halls
MERCANTILE
Outdoor Market
Market Grounds, Animal
Markets, Produce and Fruit
Stands, Fish Stalls
MERCANTILE
Convenience Store
Confectionary Stores,
Corner Stores, Gift Shops,
Specialty Shops
Town of Sunnyside
Development Regulations 2006
Page 55
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
INDUSTRIAL
Hazardous Industry
Bulk Storage of hazardous
liquids and substances,
Chemical Plants, Distilleries
Feed Mills, & Lacquer,
Mattress, Paint, Varnish, and
Rubber Factories, Spray
Painting
INDUSTRIAL
General Industry
Factories, Cold Storage
Plants, Freight Depots
General Garages,
Warehouses, Workshops,
Laboratories, Laundries,
Planing Mills, Printing Plants,
Contractors' Yards
INDUSTRIAL
Service Station
Gasoline Service Stations,
Gas Bars
INDUSTRIAL
Light Industry
Light Industry, Parking
Garages, Indoor Storage,
Warehouses. Workshops
NON-BUILDING
Agriculture
Commercial Farms, Hobby
Farms, Market Gardens &
Nurseries
NON-BUILDING
Forestry
Tree Nurseries, Silviculture
NON-BUILDING
Mineral Exploration
Mineral Exploration
NON-BUILDING
Mineral Working
Quarries, Pits
NON-BUILDING
Mining
Mining, Oil Wells
Town of Sunnyside
Development Regulations 2006
Page 56
SCHEDULE B - C'LASSJFICA TION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
NON-BUILDING
Recreational Open Space
Playing Fields, Sports
Grounds, Parks,
Playgrounds, Recreational
Trails
NON-BUILDING
Conservation
Watersheds, Buffer Strips,
Flood Plains, Architectural,
Historical and Scenic Sites,
Steep Slopes, Wildlife
Sanctuaries
NON-BUILDING
Cemetery
Cemeteries, Graveyards
NON-BUILDING
Scrap Yard
Car Wrecking Yards, Junk
Yards, Scrap Dealers
NON-BUILDING
Solid Waste
Solid Waste Disposal,
Sanitary Land Fill,
Incinerators
NON-BUILDING
Animal
Animal Pounds, Kennels,
Zoos
NON-BUILDING
Antenna
TV, Radio and
USES
Communications
Transmitting and Receiving
Masts and Antennae
NON-BUILDING
Utilities
Wind Mills, Wind Turbines,
Wind Farms, & related
facilities
NON-BUILDING
Transportation
Airfields, Docks and
Harbours
NON-BUILDING
Marina
Marina, Yacht Club, Boating
Club, Boat House, Fishing
Stage
Town ofSunnyside
Development Regulations 2006
Page 57
SCHEDULEC
NOTE:
SCHEDULE C
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 pur-
pose 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:
Town (TN)
Solid Waste Disposal (SWD)
Rural (RU)
Trans Canada Highway (TCH)
Protected Water Supply (PWS)
Environmental Protection (EP)
Bull Arm Freeze Area (SAFA)
Town of Sunnyside
Development Regulations 2006
Page 58
SCHEDULE C - TN ZONE
ZONE TITLE
USE ZONE TABLE
TOWN(TN) ZONE
TOWN ITNl
PERMITTED USE CLASSES - (see Regulation 94)
Antenna, Bed and Breakfast and Boarding House,
ISunnyside)
Cemetery, Child Care,
Communications, Conservation, Cultural and Civic, Double Dwelling, Family and Group
Care Centre, Fire Station, General Service, Medical and Professional, Mobile Home,
Office, Personal Services, Place of Worship, Public Services and Public Utilities,
Recreational Ooen Soace. Shon Sinale Dwellina.
DISCRETIONARY USE CLASSES (see Regulations 23 and 95)
Apartment Building, Catering, Commercial-Residential (eg. hotel, motel, inn),
Convenience Store,
Funeral Home, General Assembly, General Industry, Indoor
Assembly, Indoor Market, Light Industry, Marina, Medical Treatment and Special Care,
Outdoor Assembly, Outdoor Market, Service Station, Take-out Food Service, Taxi
Stand, Transportation and Utilities (eg. windmills, wind turbines).
CONDITIONS FOR THE TOWN ZONE
Including the standards contained in this part, Sections 1 to 6 and Parts I, II, Ill, IV and
Schedules A and B must be considered when reviewing an application for development
and/or a subdivision.
1.
Development Standards - Municipal Water Supply and Piped Sewage
Lot area (minimum) .......................................... 450 m-
Frontage (minimum).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 m
Building Line Setback (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 m
Side Yard Width (minimum) ..................................... 1.5 m
Side Yard Width Flanking Road (minimum)
8 m
Rear Yard Depth (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 m
Lot Coverage (maximum - all buildings combined). . . . . . . . . . . . . . . . . . . . 33%
2.
Development Standards · Private Water Supply and/or Waste Disposal
Lot area (minimum) .......................................... 1860 m2
Frontage (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 m
Building Line Setback (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 m
Town of Sunnyside
Development Regulations 2006
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SCHEDULE C - TN ZONE
Side Yard Width (minimum) ..................................... 1.5 m
Side Yard Width Flanking Road (minimum)
8 m
Rear Yard Depth (minimum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 o m
Lot Coverage (maximum - all buildings combined) ..................... 33%
3.
Commercial and Public and Other Non-Residential Development
Commercial and public development and other non-residential development shall be
designed and located in such a way as to be compatible with nearby residential
development.
4.
Municipal Services
Where feasible all development shall be connected to the municipal water and sewer
services, except that subject to the Town's approval and the Department of
Environment and Conservation approval, sewage may be disposed through a private
outfall where it is not deemed feasible to connect to the Town's sewage disposal
system.
Development on private water supply and septic tank waste disposal shall be
approved by the Government Service Centre before approval issued by the Town.
5.
Outdoor Storage
The Town may permit open storage of materials, goods and machinery associated
with a permitted use provided the open storage is not located in front of the building
and the storage area is fenced or otherwise screened from view.
Scrap, scrapped vehicles, machinery parts, oil drums and tanks and so forth shall
not be allowed in outdoor storage areas.
Tou-n ofSunnyside
Development Regulations 2006
USE ZONE TABLE
Page 60
SCHEDULE C - SWD ZONE
SOLID WASTE DISPOSAL (SWD) ZONE
ZONE TITLE
SOLID WASTE DISPOSAL {SWD)
ISunnvside)
PERMITTED USE CLASSES - (see Regulation 94)
Animal, Antenna, Conservation, General Industry, Hazardous Industry, Light Industry,
Mineral Exploration, Mineral Working, Public Services and Public Utilities, Recreational
Onen Snace Scran Yard Solid Waste Disnosal Transoortation and Utilities.
CONDITIONS FOR THE SOLID WASTE DISPOSAL ZONE
Including the standards contained in this part, Sections 1 to 6 and Parts I, II, Ill, IV and
Schedules A and B must be considered when reviewing an application for development
and/or a subdivision.
1.
General Development Standards
All development in this zone must be reviewed and approved by the Department of
Environment and Conservation, and other departments, including where necessary,
Natural Resources and the Government Services before an approval is issued by
the Town.
2.
Access
Development can only occur along the access road to the Sunnyside Waste
Management Site as shown on the zoning map.
3.
Appearance and Maintenance
In order to present a tidy appearance and contribute to the orderliness of the area,
facilities and businesses located within this zone shall be properly landscaped with
a landscaped area of at least 6 metres extending back from the road allowance. This
landscaped area shall not be used for parking or storage.
Outdoor storage areas between the main building and the landscaped area shall be
screened or otherwise kept tidy. Scrap, scrapped vehicles, machinery parts, oil
drums and tanks and so forth shall not be stored in front of the main building unless
screened by a screen fence.
Town ofSunnyside
Development Regulations 2006
Page 61
SCHEDULE C - SWD ZONE
Premises visible from the Trans Canada Highway, Highway 1, shall be designed and
maintained in such a way as to present an attractive appearance.
4.
Industrial Uses - General Industry, Light Industry, Hazardous Industry
Industrial uses are permitted in this zone provided that it can be established to the
satisfaction of the Town and the Provincial Government that site conditions are
satisfactory, environmental and other regulations are satisfied and that the Town and
other parties do not incur liability due to circumstances arising out of the prior and
current operations of waste disposal facilities in this area.
5.
Solid Waste Disposal Site and Scrap Yard
(1)
Solid Waste Disposal Site Buffer- The solid waste disposal site buffer is
shown on the zoning map. Development within this buffer shall be referred to
the Department of Environment and Conservation for approval before a
permit is issued by the Town.
(2)
Separation from Adjacent Uses - Unless the Town is satisfied that the solid
waste site or scrap yard will not create a nuisance and will not adversely
affect the amenity of the specified development or natural feature, no solid
waste site or scrap yard shall be located closer than the minimum distances
set out below to the specified development or natural feature:
(3)
Type of Development
Minimum Distance from Solid
Waste Site or Scrap Yard
Existing or proposed residential development
300 metres
Any other developable area or area likely to be
developed during the life of the mineral working
150 metres
Public highway or street
50 metres
Watercourse or waterbody
50 metres
Protected Road
90 metres
Screening -A solid waste site or scrap yard shall be screened in the following
manner where it is visible from a public street or highway, developed area,
or area likely to be developed during the life of the use:
a)
Where tree screens exist between the solid waste site or scrap yard
and adjacent public highways and streets or other land uses (except-
Town of Sunnyside
Development Regulations 2006
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SCHEDULE C - SWD ZONE
ing forestry and agriculture), the tree screens shall be retained in a 30-
metre wide strip of vegetation so that visibility of any part of the use
from the surrounding uses or streets will be prevented. The tree
screens must be maintained by the owner or occupier of the use to
retain 30 metres in a forested appearance. Where vegetation dies or
is removed from the 30-metre strip, the Town may require new trees
of a minimum height of 1 metre be planted to fill in the areas affected
to the satisfaction of the Town or, at the discretion of the Town,
condition 2(ii) must be undertaken.
b)
Where no tree screens exist of sufficient width and density to
constitute a visual screen, earthen berms shall be constructed to a
height sufficient to prevent visibility of any part of the solid waste site
or scrap yard from adjacent uses (excepting forestry and agriculture),
or adjacent public highways and streets.
The berms shall be
landscaped to the Town's satisfaction.
c)
Where natural topography creates a visual screen between a solid
waste site or scrap yard and adjacent public highways and streets or
other land uses (excepting forestry and agriculture), additional
screening may not be required.
d)
Where effective screening for any solid waste site, scrap yard or
associated processing or manufacturing use cannot be installed or
located as required in clauses a) to c) above, the Town may refuse to
permit the use or associated activity.
(4)
Fencing - The Town may require the solid waste site or scrap yard to be
enclosed by a fence designed and constructed to its specifications.
Town ofSunnyside
Development Regulations 2006
ZONE TITLE
USE ZONE TABLE
RURAL (RU) ZONE
Rural IRUl
PERMITTED USE CLASSES - (see Regulation 94)
Page 63
SCHEDULE C - RU ZONE
ISunnvsidel
Agriculture, Animal, Antenna, Campground, Cemetery, Conservation, Forestry, Marina,
Mineral Exploration, Public Services and Public Utilities, Recreational Open Space,
Transportation and Utilities.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 95)
Mineral Working and Solid Waste Disposal.
CONDITIONS FOR THE RURAL ZONE
Including the standards contained in this part, Sections 1 to 6 and Parts I, II, Ill, IV and
Schedules A and B must be considered when reviewing an application for development
and/or a subdivision.
Development in this zone is subject to the approvals of the Agrifoods, Forest Resources
and Mines Branches of the Department of Natural Resources and the Government Service
Centre. Applications shall also be referred to other departments and agencies as required.
Solid Waste Disposal discretionary may only be allowed in this Zone if it is an extension to
the Sunnyside Waste Management site and the conditions pertaining to solid waste
disposal sites in the Solid Waste Disposal Zone shall apply.
Town ofSu1111yside
Development Regulations 2006
USE ZONE TABLE
Page 64
SCHEDULE C - TCH ZONE
TRANS CANADA HIGHWAY (TCH) ZONE
ZONE TITLE ..... Trans Canada Hiqhwav ITCH)
(Sunnvside)
PERMITTED USE CLASSES - (see Regulation 94)
Conservation Public Services and Public Utilities and Transoortation <Road\.
CONDITIONS FOR THE TRANS CANADA HIGHWAY ZONE
Including the standards contained in this part, Sections 1 to 6 and Parts I, II, Ill, IV and
Schedules A and B must be considered when reviewing an application for development
and/or a subdivision.
Any development within this zone must be approved by the Department of Transportation
and Works.
The only transportation use permitted in this zone is road and road buffer.
Town of Sannyside
Development Regulations 2006
Page 65
SCHEDULE C - PWS ZONE
ZONE TITLE
USE ZONE TABLE
PROTECTED WATER SUPPLY (PWS) ZONE
PROTECTED WATER SUPPLY (PWS) ZONE
PERMITTED USE CLASSES - (see Regulation 94)
(Sunnyside)
Antenna, Conservation, Public Services and Public Utilities, Recreational Open Space
and Utilities.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 95)
Aariculture and Forestrv
CONDITIONS FOR THE PROTECTED WATER SUPPLY ZONE
Including the standards contained in this part, Sections 1 to 6 and Parts I, II, Ill, IV and
Schedules A and B must be considered when reviewing an application for development
and/or a subdivision.
1.
General Conditions and Referrals
In addition to any other approvals or requirements by the Town, all development in
this zone shall be subject to the approval of the Minister of Environment and
Conservation.
Conditions 1, 2, 3, 4 and 5 are based upon Department of Environment and
Conservation Policy Directive W.R. 95-01 - Water Resources Management Division
as modified.
(1)
Existing activities will be allowed to continue unless it is established that
these are impairing water quality or have the potential to impair water quality.
(2)
The Minister of Environment and Conservation may require proponents of
existing activities, which have the potential to impair water quality, to obtain
his/her approval.
(3)
No development shall be carried out in the protected water supply area/zone
except in accordance with this policy.
Town oJSunnyside
Development Regulations 2006
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SCHEDULE C - PWS ZONE
(4)
No person shall carry out any development in the protected water supply
area/zone without obtaining prior approval in writing from the Minister.
2.
Activities Not Permitted in the Zone
The following activities shall not be permitted in the Protected Water Supply Zone:
a)
placing, depositing or discharging or permitting the placing, depositing or
discharging into a body of water any sewage, refuse, chemicals, municipal
and industrial wastes or any other material which impairs or has potential to
impair water quality;
b)
using an intake, pond, lake, river or specified buffer zones for any activity
detrimental to water quality, and not permitted in the Water Resources Act;
c)
using ice covered water body for transporting logs or wood, riding
skidoos/motor vehicles/all terrain vehicles, leading animals, or any other
activity, including littering, which impairs or has potential to impair water
quality;
d)
using or operating existing facilities in such a manner that impairs or has
potential to impair water quality;
e)
vehicle maintenance facilities, warehouses and chemicals and salt storage
depots;
f)
storage and disposal of pesticides and manure, application of manure and
chemicals in specified buffer zones. extensive land clearing, and peat land
drainage without adequate treatment;
g)
clear-cutting of forest in sensitive areas, establishment of camps and camp
facilities, storage of chemicals, application of pesticides, drainage of peat/and
for afforestation. and application of toxic fire retardants;
h)
activities, operations or facilities associated with aggregate extraction and
mineral exploration such as work camps, vehicle parking and maintenance
facilities. washing of aggregates, asphalt plants, discharge or deposit of
waste material into a body of water, and significant disturbance to land for
mineral exploration purposes;
i)
application of herbicides in the right-of-way, and use of chemically treated
utility poles and other related structures;
Town ofSunnyside
Development Regulations 2006
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SCHEDULE C- PWS ZONE
j)
aquaculture development and associated activities having potential to impair
water quality;
k)
processing and manufacturing plants having potential to impair water quality;
and,
I)
waste disposal facilities, and any other storage or disposal facilities that the
Minister of Environment and Conservation considers environmentally
unacceptable.
3.
Activities Regulated in the Zone
Subject to the other provisions of these Regulations, in this zone no person shall,
including the permitted and discretionary use classes, undertake any of the following
activities without obtaining prior written approval from the Minister of Environment
and Conservation and a permit from the Town:
a)
expansion and upgrading of the existing activities, operations or facilities;
b)
land clearing or drainage, construction of access roads, servicing of lands for
subsequent use, or extension and upgrading of existing buildings or facilities;
c)
installation of storm or sanitary sewer pipelines, pipelines for transmission of
water for hydroelectric generation, agriculture uses, or any other purposes;
d)
construction of roads, bridges, culverts, and other stream crossings, and
installation of power and telecommunication transmission lines;
e)
modification to intake structures, pump house, reservoir; and
f)
any other development or activity which, in the opinion of the Minister of
Environment and Conservation, has caused impairment or has potential to
impair water quality.
4.
Approval Process
(1)
The proponent shall submit a detailed development plan along with maps,
drawings and specifications and other information as required by the Town
and the Minister of Environment and Conservation for approval.
(2)
The Minister of Environment and Conservation may, on the recommendation
of his/her officials, issue a certificate of approval for the proposed
Town of Sunnyside
Development Regulations 2006
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SCHEDULE C - PWS ZONE
development on such terms and conditions as the Minister considers
necessary to protect water quality.
(3)
The proponent shall obtain separate approvals under Section 48 of the Water
Resources Act from the Minister and Conservation for all permanent or
temporary stream crossings or for alteration to bodies of water that may be
necessary to carry out the approved development.
(4)
The proponent shall also obtain licences, permits or approvals under other
Acts and Regulations, including the Development Regulations as required
prior to commencing the approved work.
(5)
The proponent of the approved development shall notify the Town by
providing a copy of the approval issued under this policy before commencing
the work.
(6)
The proponent shall maintain adequate liaison and consultation with the
person or authority responsible for the operation and maintenance of the
waterworks during the implementation and operation of the approved work.
(7)
The Minister of Environment and Conservation may require the inspection of
the approved development from time to time by his/her officials to ensure that
the development is carried out in an environmentally acceptable manner and
the proponent is complying with the terms and conditions of the approval.
(8)
The Minister of Environment and Conservation may require a proponent to
monitor water quality according to a monitoring program approved by the
Minister in order to evaluate the impact of the approved development on
public water supply.
5.
Buffer Zones
The proponents shall provide the following widths of buffer zones along and around
water bodies from the high water mark in a designated area:
Water Body
Width of Buffer Zones
Intake pond or lake
a minimum of 150 metres
River intake
a minimum of 150 metres for a distance of
one kilometre upstream and 100 metres
downstream
Main river channel
a minimum of 75 metres
Town of Sunnyside
Development Regulations 2006
Major tributaries, lakes or ponds
Other water bodies
Page 69
SCHEDULE C - PWS ZONE
a minimum of 50 metres
a minimum of 30 metres
No development activity shall be permitted in buffer zones except those that are
intended to promote vegetation.
6.
Discretionary Use Classes
The discretionary use classes may be permitted at the discretion of the Authority
provided that they are compatible or complementary to uses within the permitted use
classes, or that their development will not inhibit or prejudice the quality of water for
domestic purposes which in future would flow or which flows into the Town water
pipes from sources within the Protected Water Supply Zone.
Town of Sunnyside
Development Regulations 2006
Page 70
SCHEDULE C - EP ZONE
ZONE TITLE
USE ZONE TABLE
ENVIRONMENTAL PROTECTION (EP) ZONE
ENVIRONMENTAL PROTECTION (EP)
PERMITTED USE CLASSES - (see Regulation 94)
Conservation.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 95)
(Sunnvside)
Public Services and Public Utilities, Recreational Open Space and Trails and Utilities.
CONDITIONS FOR THE ENVIRONMENTAL PROTECTION ZONE
Including the standards contained in this part, Sections 1 to 6 and Parts I, II, Ill, IV and
Schedules A and B must be considered when reviewing an application for development
and/or a subdivision.
Development in this zone is subject to the approval of the Department of Environment and
Conservation.
Town o/Sunnyside
Page 71
USE ZONE TABLE
BULL ARM FREEZE AREA (BAFA) ZONE
ZONE TITLE
BULL ARM FREEZE AREA (SAFA )
(Sunnvside)
PERMITTED USE CLASSES - (see Regulation 94)
Agriculture, Animal, Antenna, Campground, Cemetery, Conservation, Forestry, Marina,
Mineral Exploration, Public Services and Public Utilities, Recreational Open Space,
Transportation and Utilities - subject to the approval of the Department of Government
Services.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 95)
Mineral VY._orking - subject to the a[>[>roval of the De[>artment of Government Services.
CONDITIONS
BULL ARM FREEZE AREA ZONE
All development within the Bull Arm Freeze Area Zone is subject to the approval of the
Department of Government Services.
Development in this zone is also subject to the approvals of the Agrifoods,
Forest
Resources and Mines Branches
of the Department of Natural Resources and the
Government Service Centre.
Including the standards contained in this part, Sections 1 to 6 and Parts I, II, Ill, IV and
Schedules A and B must be considered when reviewing an application for development
and/or a subdivision.