Town of Terra Nova Development Regulations 2019-2029
Terra Nova, Newfoundland and Labrador
· adopted 2020-05-21
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Town of Terra Nova
Development Regulations
2019-2029 .
Prepared for
Prepared by
The Town of Terra Nova
Baird Planning Associates
August 2020
Urban and Rural Planning Act 2000
Resolution to Approve
Town of Terra Nova Development Regulations
2019 - 2029
Under the authority of Section 16, Section 17, and Section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Terra Nova
(a)
Adopted the Terra Nova Development Regulations on the 21 st day of May 2020
(b)
Gave notice of the adoption of the Terra Nova Development Regulations by
advertisement posted on the Town Hall and Eddie Eastman Hall exterior bulletin
boards and at The Dep Convenience Store on the 22nd day of May 2020, and emailed
to permanent and seasonal residents on the 25th day of May 2020.
(c)
Set the 22nd day of June 2020 at 3:00 p.m. for receipt of objections and other
representations for consideration by the Public Hearing Commissioner . .
Now under the authority of section 23 of the Urban and Rural Planning Act 2000, the Town
of Terra Nova approves the Terra Nova Development Regulations 2019 with the following changes.
In Schedule C - Environmental Protection zone:
. ,,.
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-
Accessory building is added to the Discretionary Use Classes
-
Condition No. 5(e) is added to require an applicant to absolve Council of liability for
potential flood damage to an approved development of a residential dwelling.
-
Condition No. 6 is added to state the conditions that will be required for Council to provide
discretionary approval of an accessory building.
1
SIGNED AND SEALED this 25th day of August 2020 .
Mayor:
Clerk:
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Urban and Rural Planning Act 2000
Resolution to Adopt
Town of Terra Nova Development Regulations
2019 ~ 2029
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town
Council of Terra Nova adopts the Terra Nova Development Regulations.
Adopted by the Town Council of Terra Nova on the 21 st day of May 2020.
SIGNED AND SEALED this 25th day of August 2020
Mayor:
(Council Seal)
Clerk:
Canadian Institute of Planners Certification
I certify that the attached Municipal Plan has been prepared in accordance with the
requirements of the Urban and Rural Planning Act 2000.
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Table of Contents
APPLICATION .......................................................................................................................... 1
1.
Short Title ........................................................................................................................... 1
2.
Interpretation ..................................................................................................................... 1
3.
Commencement .................................................................................................................. 1
4.
Provincial Development Regulations ................................................................................... 1
5.
Municipal Code and Regulations ......................................................................................... 1
6.
Council ................................................................................................................................ 1
PART I - GENERAL REGULATIONS ........................................................................................... 2
7.
Compliance with Regulations .............................................................................................. 2
8.
Permit Required .................................................................................................................. 2
9.
, Permit to be Issued ............................................................................................................. 2
10.
Permit Not to be Issued in Certain Cases ............................................................................. 2
11.
Discretionary Powers of Council .......................................................................................... 3
12.
Variances ............................................................................................................................ 3
13.
Notice of Variance ............................................................................................................... 3
14.
Service Levy ........................................................................................................................ 4
15.
Financial Guarantees by Developer ..................................................................................... 4
16.
Dedication of Land for Public Purposes ................................................................................ 5
17.
Restoration of Land ............................................................................................................. 5
18.
Form of Application ............................................................................................................. 5
19.
Register of Application ........................................................................................................ 6
20.
Deferment of Application .................................................................................................... 6
21.
Approval in Principle ........................................................................................................... 6
22.
Development Permit ........................................................................................................... 7
23.
Temporary Use Permit ........................................................................................................ 8
24.
Permit Fees·!"·········· ........................................................................................................... 8
25.
Compliance with Legislation ................................................................................................ 8
26.
Reasons for Refusing or Setting Conditions on a Permit ....................................................... 8
27.
Notice of Right to Appeal .................................................................................................... 9
28.
Appeals ......-...-......-.........-........--..--.........-..-........-.................-........-.......-.......................-.... 9
29.
Return of Appeal Fee .-....--........----.....---..---.-.--.-...---......--......--.--...-.---....--.--...-.--.-...---.-..-----. 9
30.
Notice of Application ---...-----..-..-..--.--..-.-....-.--..-...----...-..----...-.--...-....---..-.--.............-.-.......... 9
31.
Delegation of Powers .--.--..-..-......--.-....-.-......---.......-..........................-......-.........-......-..-..... 10
'- ~
32.
Right of Entry ....-....-.............-.........-.......................-....................... : ...................-............... 19
33.
Record of Violations ......................-.......-....................................................-....................... 10
34.
Stop Work Order and Prosecution ...................................................................................... 10
PART II - GENERAL DEVELOPMENT STANDARDS .-..--..---.----.----.--..-.-..---.-.--.--..--..-.----.-.---.----.-.- 11
35.
Access Ramps and Decks .....................................-.........-.................-......-......-..................-. 11
36.
Accessory Buildings ..-..-......-.............................-...-..................................................-.......... 11
37.
Home Occupations .....--..-.---.-......--.-...---....-.---.-....----.-...--.-...-.--...-.....-...-.--...-..-.---.......-...... 12
38.
Bed and Breakfast Est ablishments ..-................-......--.........................-.......................-........ 13
39.
Archaeological Sites ........................................................................................................... 13
40.
Industrial Use and Construction Yard Buffer Strips ............................................................. 14
41.
Building Line and Setbacks ..-..-..--.--..---....--............................-................-.........-...-..-.--...-.-- 14
42.
Multiple Uses on One Lot ...-..........................-......-..................-...............................-.--..--.-- 14
43.
Main Buildings on a Lot ...................................................................................................... 15
44.
Minimum Distance Separations for Commercial Livestock Facilities ....................---....-.--.-.. 15
45.
Lot Area ............................................................................................................................. 16
46.
Lot Area and Size Exceptions .............................................................................................. 16
47.
Lot Frontage ....................................................................................................................... 16
48.
M ineral Exploration ........................................................................................................... 16
49.
Non-Conforming Uses ........................................................................................................ 17
50.
Offensive and Dangerous Uses ..-.......-........-.......--.................-...---.---......-....................--....- 18
51.
Parks, Playgrounds, and Open Spaces .....--..----......--.-...............................---...-.--.-....-.......... 19
52.
Trail Development .............................................................................................................. 19
53.
Screening and Landscaping ................................................................................................. 20
54.
Public Services and Utilities ..........-........................................-..........................--.....--......... 20
55.
Energy Generation Facilit ies ................--.--.....----.......................-..-..--.--.....-......................... 20
56.
Service Stat ions and other Pet roleum Dispensing Facilities ..............--.---..-..........-.............. 21
57.
Site Development Requirements .......-..-....-.-..-................................-......-..........................- 21
58.
Street Construction Standards -.......-...-.--...--.-...-----..--.....-.....-..----..--...----...-.---....-..-..-..-...... 22
59.
Subsidiary Apartments ....................................................................................................... 22
60.
Development Within or Adjacent to a Watercourse or Wetland .....-.......-..-.---...--.--..-.......-- 23
61.
Line of Vision at lntersections ......-......-......-.......-......--....---..-----.-....-....-.......--....-...-..--.-....-- 24
62.
Development in the Vicinity of a Public Right-of-Way ......................................................... 24
PART Ill - SUBDIVISION OF LAND -...-.--.--.-..--.-.-..---.-.--.--------------.---.-------.--..---.-.-.----.-----.---..---. 25
63.
Application of Part Ill ......................................................................................................... 25
64.
Permit Required ....--......-.......--...---.......--...-...............---..--.-.....-.....-..........................-..-...--- 25
65.
Services to be Provided ...................................................................................................... 25
66.
Payment of Service Levies and Other Charges .................................................................... 25
67.
Permit Subject to Considerations ....................................................................................... 25
68.
Building Permits Required .................................................................................................. 26
69.
Form of Application ............................................................................................................ 26
70.
Subdivision Subject to Zoning ............................................................................................. 27
71.
Building Lines ..................................................................................................................... 27
72.
Structure in Street Reservation .......................................................................................... 27
73.
Subdivision Design Standards ............................................................................................. 27
74.
Engineer to Design Works and Certify Construction Layout ................................................ 28
75.
Developer to Pay Engineer's Fees and Charges ................................................................... 28
76.
Street Works May Be Deferred ........................................................................................... 28
77.
Transfer of Streets and Utilities to Council .......................................................................... 29
78.
Restriction on Sale of Lots .................................................................................................. 29
79.
Grouping of Buildings and Landscaping .............................................................................. 29
PART IV - USE ZONES --.-..----------.--..---.-------..---.---.-...............----........--..------.---..---.--.-------.---.-.-. 30
80.
Use Zones .--.-.--.-......--.............-.........................-......-----...-...-------....-...-.........-..................... 30
81.
Map Interpretation ............................................................................................................ 30
82.
Use Classes .......-......-....-.........-....-..--.--..-...-.......-.............-....-..-..............................-....-...... 30
83.
Permitted Uses .............................-.--.----....--...---...........-...-...----...-.--..---......-...........-........-.. 30
84.
Discretionary Uses .............................................................................................................. 31
85.
Uses Not Permitted ............................................................................................................ 31
SCHEDULES
SCHEDULE A- Definitions
SCHEDULE B - Classification of Uses of Land and Buildings
SCHEDULE C - Use Zone Tables
SCHEDULE D - Provincial Development Regulations
Town of Terra Nova
Development Regulations 2019-2029
1.
Short Title
TOWN OF TERRA NOVA MUNICIPAL PLAN
AND DEVELOPMENT REGULATIONS
APPLICATION
APPLICATION
These Regulations may be cited as the Terra Nova Development Regulations.
2.
Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings
ascribed to them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings that
are commonly assigned to them in the context in which they are used in the
Regulations.
3.
Commencement
These Regulations come into effect throughout the Terra Nova Municipal Planning
Area, hereinafter referred to as the Planning Area, on the date of publication of a
notice to that effect in the Newfoundland and Labrador Gazette.
4.
Provincial Development Regulations
The Provincial Development Regulations (Provincial Regulations), enacted under
Section 36 of the Urban and Rural Planning Act (hereafter referred to as the Act),
shall apply to development within the Planning Area. Where there is conflict
between these and the Terra Nova Development Regulations, the Provincial
Regulations shall prevail. The Provincial Development Regulations are included with
the Terra Nova Development Regulations.
5.
Municipal Code and Regulations
The building regulations and any other municipal regulations controlling the
development, conservation and use of land shall under these Regulations apply to
the entire Terra Nova Municipal Planning Area. The National Building Code of
Canada, the Fire Code of Canada, and all ancillary codes and regulations, shall also
apply to the entire Terra Nova Municipal Planning Area.
6.
Council
In these Regulations, "Council" means the Municipal Council of the Town of Terra
Nova.
Terra Nova Development Regulations - Page 1
Town of Terra Nova
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Development Regulations 2019-2029
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 Council.
9.
Permit to be Issued
Subject to Regulation 10 - Permit not to be Issued in Certain Cases and
Regulation 11 - Discretionary Powers of Council, a permit shall be issued for
development within the Planning Area that conforms to the requirements of these
Regulations, including:
(a)
The general development standards set out in Part II of these Regulations,
the requirements of Part V of these Regulations, and the use classes, stand-
ards, requirements, and conditions prescribed in Schedule C of these
Regulations for the use zone in which the proposed development is located;
(b)
The standards set out in the Building Code and/or other ancillary codes, and
any Building Regulations, Waste Disposal Regulations, and/or any other
municipal regulation in force in the Planning Area regulating or controlling
development, conservation and use of land and buildings;
(c)
The standards set out in Part II of these Regulations in the case of
development;
(d)
The standards set out in Part Ill of these Regulations in the case of
subdivision;
(e)
The standards of design and appearance established by Council.
10.
Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the
Planning Area when, in the opinion of Council, it is premature by reason of the site
lacking adequate road access, power, drainage, sanitary facilities, or domestic water
supply, or being beyond the natural development of the area at the time of
application unless the applicant contracts to pay the full cost of construction of the
Terra Nova Development Regulations - Page 2
Town of Terra Nova
Development Regulations 2019-2029
PART 1 - GENERAL REGULATIONS
services deemed necessary by Council and such cost shall attach to and upon the
property in respect of which it is imposed.
11.
Discretionary Powers of Council
(1)
In considering an application for a development permit or approval in
principle, Council shall take into account the policies of the Municipal Plan
and any further scheme, plan or regulations pursuant thereto, and shall
assess the general appearance of the development, the amenity of the surr-
oundings, availability of utilities, public safety and convenience, and other
considerations which are, in its opinion, material, and notwithstanding the
conformity of the application with the requirements of these Regulations,
Council may, in its discretion, and as a result of its consideration of the
matters set out in this Regulation, conditionally approve or refuse the
application.
(2)
When approving an application for a discretionary use, Council shall state in
writing the basis for its approval.
12.
Variances
(Refer to Provincial Development Regulations, Section 12)
(1)
Where an approval or a permit cannot be given by Council because a
proposed development does not comply with development standards set out
in these Regulations, Council may, in its discretion, vary the applicable
development standards to a maximum of 10%, if, in Council's opinion,
compliance with the development standards would prejudice the proper
development of the land, building or structure in question or would be
contrary to the public interest.
(2)
Council shall not allow a variance from development standards set out in
these Regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or
structure, would have a cumulative effect that is greater than a 10% variance
even though the individual variances are separately not greater than 10%.
(3)
Council shall not permit a variance from the development standards where
the proposed development would increase the non-conformity of an existing
development or would result in the creation of non-conformity of any existing
legal development.
13.
Notice of Variance
(See Provincial Development Regulations, Section 3)
Where Council is to consider a proposed variance, Council shall give written notice
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Town of Terra Nova
Development Regulations 2019-2029
PART I - GENERAL REGULATIONS
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 and allow a
minimum period of 7 days for response.
14.
Service Levy
(1)
In accordance with Section 149(2) of the Municipalities Act 1999, where
Council carries out a public work that enables a real property to be developed
or developed to a higher density, or enhances the value of a property,
Council may charge a service levy on the property.
(2)
The amount of a service levy will be determined by Council, but will not
exceed the cost, including finance charges, to Council of constructing or
improving the public works that are necessary for the real property to be
developed in accordance with the standards required by Council and for uses
that are permitted on that real property.
(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)
Council may require a service levy to be paid by the owner of the property
benefited and may specify the time for payment.
15.
Financial Guarantees by Developer
(1)
Council may require a developer before commencing a development to make
such financial provisions and/or enter into such agreements as may be
required to guarantee the payment of service levies, ensure site
reinstatement, and to enforce the carrying out of any other condition attached
to a permit or licence.
(2)
The financial provisions pursuant to Paragraph (1) may be made in the form
of:
(a)
A cash deposit from the developer, to be held by Council,
(b)
A guarantee by a bank, or other institution acceptable to Council, for
expenditures by the developer,
(c)
A performance bond provided by an insurance company or a bank, or;
(d)
An annual contribution to a sinking fund held by Council.
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Town of Terra Nova
Development Regulations 2019-2029
PART I - GENERAL REGULATIONS
(3)
Financial Guarantees - Mineral Workings
(a)
A developer of a mineral workings site will provide a financial
guarantee in the form of a performance bond, unconditional and
irrevocable letter of credit, or other form acceptable to Council for an
amount to cover the cost of
restoring or landscaping the site after the quarry operations have
ended or the site is abandoned by the applicant.
(b)
The financial guarantee will be returned when the site has been
restored and any conditions attached to the development permit have
been carried out to Council's satisfaction.
16.
Dedication of Land for Public Purposes
Council 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
Council in accordance with Section 37 of the Act.
Unless Council decides otherwise, such land that is dedicated for public use will not
include land that Council requires to be set aside from development for the purposes
of stormwater drainage or environmental protection, whether or not that land is
located within the Environmental Protection zone.
17.
Restoration of Land
Where the use of a site is discontinued, the intensity of its use is decreased, a
development permit has been revoked or has expired, or a temporary development
owner, or all of them to restore the site, remove all or any buildings or erections,
cover or fill all wells or excavations, and close all or any accesses, or to do any or all
of these things, as the case may be, and the developer, occupier or owner shall
carry out the order of Council and shall put the site in a clean and sanitary condition
to Council's satisfaction.
18.
Form of Application
(1)
An application for a development permit or for approval in principle shall be
made to Council only by the owner or by a person authorized by the owner
on such form as may be prescribed by Council and every application shall
include plans and an application fee if required.
(2)
Council shall supply to each applicant a copy of the application form referred
to in Paragraph (1) and any available information required by the applicant
relevant to the application.
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Town of Terra Nova
Development Regulations 2019-2029
PART I - GENERAL REGULATIONS
19.
Register of Application
Council shall keep a public register of all applications for development and shall
enter therein Council's decision upon each application and the result of any appeal
from that decision.
20.
Deferment of Application
(1)
Council 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 Council and on which a decision has not been
communicated to the applicant within sixty (60) days of the application being
received by Council, shall be deemed to be refused.
21.
Approval in Principle
(1)
An application for an approval in principle for a subdivision or other form of
development will include a description of the site and the proposed
development, including a professionally prepared drawing, which:
(a)
Delineates the limits of land to be used for the proposed development,
(b)
Shows contours and significant natural features such as wetlands,
watercourses, drainage channels, and slopes that exceed 15 percent,
(c)
Shows existing streets, buildings, and land uses in the vicinity of the
site,
(d)
Shows a conceptual layout of proposed streets, trails, and other major
components of the development, and
(e)
Provides any additional information that may be requested by Council.
(2)
Council will not consider an application for an approval in principle unless
that application includes a clear description of the site and proposed
development in accordance with Paragraph (1 ).
(3)
Council can grant an approval in principle if it determines that the proposed
development complies generally with the intent and purposes of the
Municipal Plan and these Regulations. Council will attach to the approval in
principle such conditions that it deems necessary to ensure the proposed
development will be in accordance with the Plan and these Regulations. It
will also outline such details that the applicant will be required to address
before a final development permit will be granted.
(4)
An approval in principle will be valid for a period of one (1) year and may be
extended for one (1) additional year, up to a maximum of two (2) years.
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Town of Terra Nova
Development Regulations 2019-2029
PARTI - GENERAL REGULATIONS
(5)
Where approval in principle is granted, approval of a final development
permit will be subject to the subsequent approval by Council of any details
and conditions that were outlined in the approval in principle.
(6)
Approval in principle does not constitute permission to commence
development. No form of development will begin until Council has issued a
development permit.
(7)
Council may revoke approval in principle if it determines that the applicant
has changed the proposed development in a way that significantly alters the
original intent of the application or has not adequately addressed conditions
or details stipulated in the approval in principal.
(8)
A decision by Council on an application for an approval in principle can be
appealed in accordance with Section 42 of the Act. \
22.
Development Permit
(1)
A written development permit issued by Council or its designated staff will
constitute permission to develop in accordance with these Regulations, but
such permission shall not relieve the applicant from full responsibility for
obtaining all other permits or approvals prior to commencement of
development and complying with all other regulations and statutes during
development.
(2)
Council may attach conditions to a development permit to ensure compliance
with the Municipal Plan and these Regulations, and the permit holder will be
responsible for full compliance with these conditions.
(3)
A development permit is valid for a period of one year and may be extended
for one additional year if requested by the applicant, up to a maximum of two
years.
(4)
The issuance of a development permit does not prevent Council from
thereafter requiring the correction of errors or ordering the cessation, removal
of, and remedial work on any development being carried out that is in
violation of the Municipal Plan or these Regulations.
(5)
Council may revoke a permit;
(i)
for failure by the holder of the permit to comply with these Regulations
or any condition attached to the permit or approval in principle,
(ii)
where Council determines that the permit holder has changed the
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Town of Terra Nova
Development Regulations 2019-2029
PART I - GENERAL REGULATIONS
proposed development in a way that significantly alters the intent of
the original application, or
(iii)
where the permit was issued in error or was issued on the basis of
incorrect information,
(6)
No person shall change the application for which a development permit was
issued unless written approval of the change has been issued by Council.
(7)
A copy of the development permit, along with plans and specifications, shall
be kept on the site until the development is completed.
(8)
A decision by Council on an application for an approval in principle or a
development permit may be appealed in accordance with Section 42 of the
Act.
23.
Temporary Use Permit
At its discretion Council may issue a development permit for a temporary use, which
must comply with the Municipal Plan and these Regulations. The permit may be for
a period not exceeding one (1) year and may be extended at the request of the
applicant for one (1) additional year, up to a maximum of two (2) years.
24.
Permit Fees
Council may charge a fee for a development permit in accordance with the
schedule of fees adopted by Council.
25.
Compliance with Legislation
(1)
If Council is aware that a proposed development may not comply with a
particular provincial or federal act or regulation, it may require the applicant to
provide confirmation that necessary government approvals have been
obtained before issuing a development permit.
(2)
lf Council deems that a proposed development may trigger the requirements
of the Environmental Assessment Act, the proponent will be advised to
consult with the Department of Municipal Affairs and Environment before a
development permit will be issued.
(3)
Where these Regulations are more stringent than a provincial or federal act
of regulation, these Regulations will apply.
26.
Reasons for Refusing or Setting Conditions on a Permit
Council shall, when refusing to issue a permit or attaching conditions to a permit,
state the reasons for so doing.
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Town of Terra Nova
Development Regulations 2019-2029
PART I - GENERAL REGULATIONS
27.
Notice of Right to Appeal
(Refer to Provincial Development Regulations, Section 5)
Where Council makes a decision that may be appealed under Section 42 of the Act,
Council shall, in writing, at the time of making that decision, notify the person to
whom the decision applies of the:
(a)
Person's right to appeal the decision to the appeal 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.
'
28.
Appeals
(Refer to Provincial Development Regulations, Sections 6-11)
Sections 6 to 11 of the Provincial Regulations outline the regulations with respect to
appeal requirements, appeal registration, prohibition of development that is·subject
to an appeal, notice of an appeal hearing, the appeal board's hearing of evidence,
and appeal board decisions.
29.
Return of Appeal Fee
In accordance with Section 42(3) of the Act, where an appeal of a Council decision
is successful, an amount of money equal to the appeal fee paid by the appellant
shall be paid to the appellant by Council.
30.
Notice of Application
(Refer to Provincial Development Regulations, Sections 13 & 15)
(1)
Notice of an application shall, at the applicant's expense, be given when:
(a)
A variance is to be considered under Regulation 12 - Variances,
(b)
A change in a non-conforming use is to be considered under
Regulation 49 - Non-Conforming Uses,
(c)
A proposed development is listed as a discretionary use in Schedule
C, or
(d)
Council determines an application is such that that the public should
be notified.
(2)
In accordance with Regulation 13 - Notice of Variance and Section 13 of
the Provincial Development Regulations, notice of a variance application will
be given directly to persons who are likely to be affected and a minimum of
seven (7) days will be provided for persons to respond.
Terra Nova Development Regulations - Page 9
Town of Terra Nova
Development Regulations 2019-2029
PART I - GENERAL REGULATIONS
(3)
In accordance with Regulation 49(4) - Non-Conforming Uses of these
Regulations and Regulation 15 of the Provincial Development Regulations,
notice of an application to change a non-conforming use will be given directly
to persons who are likely to be affected, or circulated to all residents, or
published by advertisement in a newspaper circulating in the area, and a
minimum of seven (7) days will be provided for persons to respond.
(4)
Notice of an application to develop a discretionary use will be given directly to
persons who are likely to be affected, or circulated to all residents, or
published by advertisement in a newspaper circulating in the area, and a
minimum of seven (7) days will be provided for persons to respond.
(5)
Notice of an application for a development that Council determines the public
should be made aware of will be given directly to persons who are likely to be
affected, or circulated to all residents, or published by advertisement in a
newspaper circulating in the area, and a minimum of seven (7) days will be
provided for persons to respond.
31.
Delegation of Powers
(Refer to Provincial Development Regulations, Section 18)
Council shall, when designating employees or contractors to whom a power is to be
delegated under Section 109(2) of the Act, make that designation in writing.
32.
Right of Entry
Any official authorized by Council may enter upon land and may at all reasonable
times enter any development or building the purpose of making inspections relative
to the development.
33.
Record of Violations
Every inspector shall keep a record of any violation of these Regulations and report
that violation to Council.
34.
Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to
these Regulations, Council may order that person to stop the development or
work connected therewith pending final adjudication in any prosecution
arising out of the development.
(2)
A person who does not comply with an order made under Paragraph (1) is
guilty of an offence under the provisions s of the Act.
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35.
36.
PART II - GENERAL DEVELOPMENT STANDARDS
Access Ramps and Decks
At its discretion, Council rnay, after consulting with abutting property owners permit
an access ramp for a wheel chair to be erected in a minimum front, rear, or side yard
if:
(a)
(b)
There is no alternative means to provide the access ramp, and
The ramp does not create a safety hazard or block sight lines.
Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the use
of the main building(s) and shall be contained on the same lot.
(2)
No truck, bus, semi-trailer, freight container, or other vehicle body shall be
used as an accessory building.
(3)
No accessory building shall be erected upon an easement.
(4)
No accessory building or part thereof shall project closer to the front
streetline than the main building.
(5)
Notwithstanding Paragraph (4 ). Council in its discretion may approve an
accessory building closer to the front streetline than the main building where:
(a)
A rearyard or sideyard location as required under Paragraph (4) would
not be physically feasible or would be pose a major hazard or
inconvenience for the property owner,
(b)
A frontyard is necessary to ease accessibility for a physically disabled
resident of the home.
(c)
A rearyard or sideyard location as required under Paragraph (4) would
adversely affect the view or other amenities in the rearyards of
neighbouring properties,
(d)
The proposed frontyard location would not pose a threat to road
safety,
(e)
The proposed frontyard location, size, appearance, and use of the
accessory building would not have an adverse effect on the character
or other amenities of adjacent properties and the neighbourhood,
(f)
Council has notified neighbours of the proposed frontyard location,
size, appearance, and use of the accessory building and duly
considered comments and objections received.
(6)
Unless otherwise set out in Schedule C, the minimum separation between an
accessory building and any other building will be 2.0 metres.
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37.
Home Occupations
A home occupation will not be permitted if it does not meet the following conditions:
(a)
The home occupation will be located inside the dwelling or inside an
accessory building on the same lot unless Council authorizes otherwise,
(b)
The home occupation will be clearly secondary to the residential use,
(c)
The home occupation will employ one or more persons, who normally inhabit
the dwellings and, in addition, may employ no more than two persons who do
not normally inhabit the dwelling,
(d)
The home occupation will occupy:
-
no more than thirty percent (30%) of the total floor area of the dwelling
unit, or
-
no more than one hundred (100) square metres of the total floor area of
an accessory building.
(e)
The home occupation will not use any hazardous materials,
(f)
The home occupation will not cause noise, odours, fumes, electrical
interference, or other nuisances that unreasonably affect neighbouring
properties,
(g)
Unless otherwise authorized by Council, sufficient off-street parking space
shall be available on the lot to accommodate the parking needs of residents,
employees, and clients,
(h)
Council may require fencing, screening, and/or a minimum space separation
to protect the amenity of adjacent uses,
(i)
The home occupation will not create traffic safety or traffic congestion
concerns,
U)
The home occupation will not include automobile repair, auto body repair, or
automobile sales, and
(k)
The home occupation will adhere to any other conditions that Council
considers necessary to protect the amenity of adjacent uses and the
neighbourhood.
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38.
Bed and Breakfast Establishments
Where permitted, a Bed and Breakfast establishment will be subject to the following
conditions:
(a)
The use will be operated in a single dwelling occupied as a residence by the
operator of the business.
(b)
The use shall not detract from the residential character of the neighbourhood
in terms of height, scale or exterior design.
(c)
One additional parking space shall be provided for each guest room on the
lot.
(d)
The maximum number of guest rooms shall be six (6).
(e)
At Council's discretion, a catered dining area, or other subsidiary use may be
permitted, provided the uses are clearly incidental and subsidiary to the bed
and breakfast operation and the hours of operation are limited.
(f)
Off-street parking for a catered dining facility shall provide one space for
every three (3) persons that may be accommodated at one time.
(g)
No wholesale sales or storage of goods shall be carried out and any retail
sales shall be incidental to the approved use.
(h)
On-site advertisements shall be non-illuminated, with a maximum sign face
area of 0.2 m2 and, shall meet all other requirements of Council in terms
shape and construction material.
(i)
The establishment must be registered by Canada Select and approved by
the Provincial Department of Tourism, Culture, Industry and Innovation.
39.
Archaeological Sites
(1)
Terra Nova has one known archaeological site that is protected under the
Historic Resources Act. No development, excavation, or other disturbance of
land will be permitted inside a buffer of 100 metres of the perimeter of the site
without first notifying the Provincial Archaeology Office so that necessary
measures can be taken to ensure that the site is not disturbed or destroyed.
At its discretion, Council may apply this restriction to future sites that are
identified.
(2)
If an archaeological site or artefact is discovered during development of a
property, the development shall stop and Council will consult with the
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Provincial Archaeology Office of the Department of Tourism, Culture, Industry
and Innovation. Development shall not proceed until the Provincial
Archaeology Office has evaluated the site or authorized the development to
proceed.
40.
Industrial Use and Construction Yard Buffer Strips
(1)
Where any industrial development or construction yard permitted in any Use
Zone abuts an existing or proposed residential area, or is separated from it
by a road only, the owner of the site of the industrial development shall
provide a buffer strip not less than ten (10) metres wide between any
residential activity and the industrial area. The buffer shall include the
provision of such natural or structural barriers as may be required by Council
and shall be maintained by the owner or occupier to the satisfaction of
Council.
(2)
No part of a construction yard will be permitted within 60 metres of the
centreline of Terra Nova Road and other streets (see construction yard" and
"street" definitions in Schedule A).
41 .
Building Line and Setbacks
(1)
Council, by resolution, may establish building lines on an existing or
proposed street and may require any new buildings to be located on those
building lines, whether or not such building lines conform to the standards set
out in Schedule C of these Regulations.
(2)
The frontyard building line setback is measured from the front property line.
(3)
Notwithstanding the minimum front, side and rear yard requirements set out
under Schedule C, Council, at its discretion, may allow development to
complement existing building setbacks of adjoining properties by varying the
yard requirements after notification of the proposed variance is given to
neighbouring property owners in accordance with Regulation 13 - Notice of
Variance and Regulation 30 - Notice of Application of these Regulations.
(4)
The building line along Provincial highways shall not be less than that
specified under the provincial Building Near Highways Regulation.
42.
Multiple Uses on One Lot
(1)
A multiple use occurs when two or more different use classes exist in a single
building or on a single lot.
(2)
Where a single lot contains more than one permitted use, each use shall
conform to requirements in these Regulations that are applicable to that use.
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(3)
A multiple use may not be permitted where Council determines that the
proposed use would not be compatible with existing uses on or adjacent to
the lot by reason of safety, amenity, appearance, or nuisance.
43.
Main Buildings on a Lot
(1)
Except for a single dwelling, more than one main building may be permitted
on a lot provided that the requirements of Schedule Care satisfied.
(2)
Notwithstanding Paragraph (1 ), more than one single dwelling can be
permitted on a single lot where that lot or dwelling forms part of a
comprehensive development.
(3)
Where more than one main building is developed on a single lot, sufficient
area shall be reserved to satisfy the yard requirements and other allowances
outlined in Schedule C for the Use Zone in which the lot is located. These
allowances shall be maintained when the adjacent land is developed.
44.
Minimum Distance Separations for Commercial Livestock Facilities
(1)
No new livestock facility, designed to accommodate more than ten (10)
animal units, shall be located closer than:
(a)
300 metres from a public building, commercial building, or a dwelling
other than a commercial building or dwelling located on the same lot
as the livestock operation,
(b)
300 metres from the boundary of any zone other than the Rural,
Agricultural, and Environmental Protection zones,
(b)
70 metres from the boundary of the property on which it is to be
erected, and
(c)
90 metres from the centre line of a public road.
(2)
No new public building, commercial building, or dwelling, except a dwelling or
commercial building located on the same lot as the livestock operation, may
be located within 300 metres of an existing livestock facility that
accommodates more than ten (10) animal units.
(3)
In addition to the above requirements, new livestock facilities are subject to
applicable Provincial acts and regulations.
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45.
Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a frontyard, rearyard, sideyard,
frontage, or lot area that is less than, that permitted by these Regulations for
the zone in which such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a
yard, it shall continue to be so used regardless of any change in the
ownership of the lot or any part thereof and shall not be deemed to form part
of an adjacent lot for the purpose of computing the area thereof available for
building purposes.
46.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots
already exist in any residential zone, with insufficient frontage or area to permit the
owner or purchaser of such a lot or lots to comply with the provisions of these
Regulations, then these Regulations shall not prevent the issuing of a permit by the
Council for the erection of a dwelling thereon, provided that the lot coverage and
height are not greater than, and the setbacks and floor area are not less than the
standards set out in these Regulations.
47.
Lot Frontage
Except where specifically provided for in Schedule C, no building shall be erected on
a lot that does not front directly onto a public street unless the subject lot forms part
of a comprehensive development.
48.
Mineral Exploration
(1)
Mineral exploration that constitutes a development (in accordance with the
definition in Schedule A) may be permitted in the Rural and Watershed zones
provided that adequate provision is made for buffering and other mitigations
of impacts on residential, commercial, industrial, institutional, recreational,
and environmentally sensitive areas.
(2)
Council will not issue a permit for mineral exploration until all necessary
permits and approvals have been obtained from the Departments of Natural
Resources and Municipal Affairs and Environment, together with any other
relevant Provincial agencies.
(3)
Mineral exploration may be subject to conditions to control noise,
appearance, road construction, ground disturbance, and other impacts, as
well as the duration of exploration activity. The precise nature of these
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controls will depend upon the location of the exploration in relation to built-up
and environmentally sensitive areas, such as water supply areas,
watercourses, and wetlands.
(4)
Where there is to be appreciable ground disturbance, the developer may be
required to provide Council a site restoration surety and/or other satisfactory
guarantees of site rehabilitation and landscaping.
(5)
Mineral exploration that is not classed as a development by virtue of ground
disturbance, access roads, or use of equipment other than hand tools, may
be permitted anywhere in the Planning Area, with adequate notification to
Council.
49.
Non-Conforming Uses
(Refer to Section 108(2) of the Urban and Rural Planning Act 2000 and
Sections 14, 15, and 16 of the Provincial Development Regulations)
(1)
Notwithstanding the Municipal Plan, a scheme, or regulations made under the
Urban and Rural Planning Act 2000, Council shall, in accordance with
regulations made under this Act, allow a development or use of land to
continue in a manner that does not conform with the Municipal Plan or these
Regulations, provided that the non-conforming use legally existed before the
registration under Section 24 of the Act, scheme or regulations made with
respect to that kind of development or use.
(2)
Notwithstanding Paragraph (1 ), a right to resume a discontinued non-
conforming use of land shall not exceed one year after the discontinuance
occurred. For the purpose of this Regulation, discontinuance of a non-
conforming use begins when any one of the following conditions is met:
(a)
The building or use of land is clearly vacated,
(b)
The owner or tenant has ceased paying business taxes for that use,
and
(c)
The owner or tenant has stated in writing that the use has ceased.
(3)
A non-conforming building, structure, or development under the Act, which is
allowed to continue under Paragraph (1 ):
(a)
Shall not be internally or externally varied, extended or expanded
unless otherwise approved by Council,
(b)
Shall not be structurally modified except as required for the safety of
the building, structure or development,
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(c)
Shall not be reconstructed or repaired for use in the same non-
conforming manner where 50% or more of the value of that building,
structure or development has been destroyed, except as provided for
in Paragraph (g) below,
(d)
May have the existing use for that building, structure or development
varied by Council to a use that is, in Council's opinion, more
compatible with the plan and regulations applicable to it,
(e)
May have the existing building extended by Council where, in
Council's opinion that extension is not more than 50% of the existing
building,
(f)
Where the non-conformance is with respect to the standards in these
Regulations, shall not be expanded if the expansion would increase
the non-conformity,
(g)
Where the building, structure, or development is primarily zoned and
used for residential purposes, may, in accordance with the appropriate
plan and regulations, be repaired or rebuilt where 50% or more of the
value of that building or structure is destroyed, and
(h)
A residential building or structure referred to in Paragraph (g) must be
repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
(4)
In accordance with Regulation 30 - Notice of Application, when
considering an application to vary an existing use of a non-conforming
building, structure or development under Paragraph (3) (d), Council will, at
the applicant's expense, provide notice by directly notifying persons who are
likely to be affected, circulating a notice to all residents, or publishing an
advertisement in a newspaper circulating in the area, and a minimum of
seven (7) days will be provided for persons to respond.
50.
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 Council and any other authority having jurisdiction.
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51.
Parks, Playgrounds, and Open Spaces
(1)
Nothing in these Regulations shall prevent the designation of land for the
establishment of parks, playgrounds, and open spaces in any zones provided
that such land is not located in areas that may be hazardous to their use or is
an area that is not compatible for such a use.
(2)
Parks and playgrounds may be located on backland but shall have at least
one 5-metre wide vehicular access directly onto a public street.
52.
Trail Development
(1)
No trail development will proceed unless a development permit has been
issued by Council. As a condition a development permit, Council may require
that satisfactory arrangements have been put in place to ensure the trail will
be appropriately protected and maintained. This may include the transfer of
ownership of the trail right-of-way to Council in accordance with Regulation
16 - Dedication of Land for Public Use and/or Regulation 77 - Transfer
of Streets and Utilities to Council.
(2)
The minimum width of a trail corridor, including the buffer area, will be 15
metres, or approximately 7 .5 metres on either side of the centre line of the
trail. However, the width of a trail corridor may be reduced where:
(a)
The area adjacent the trail is already developed, and
(b)
Council deems that the corridor can be narrower due to space
limitations, site conditions, ownership, or other pertinent factors.
(3)
Council may require trails and associated facilities to incorporate design
standards to facilitate the access and mobility needs of disabled and elderly
persons.
(4)
For a trail to be eligible for protection it must be delineated on the Land Use
Zoning maps, approved as a designated trail corridor by a resolution of
Council, or included as a part of a subdivision or development plan that has
been approved by Council.
(5)
The proposed designation of any trail corridor, which is not already shown on
the Land Use Zoning maps or does not form a part of a separately approved
subdivision or development plan, will not be approved by Council until it has
been advertised in accordance with the provisions of Regulation 30 - Notice
of Application and an opportunity has been provided for the public to
comment on the proposal.
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(6)
Within the trail corridor, only accessory recreational uses, public utilities, and
streets may be allowed.
53.
Screening and Landscaping
(1)
Council may, in the case of existing unsightly development, order the owner
or occupier to provide adequate and suitable landscaping or screening; and
for this purpose, may require the submission of an application giving details
of the landscaping or screening, and these Regulations shall then apply to
that application.
(2)
The provision of adequate and suitable landscaping or screening may be
made a condition of any development permit where, in the opinion of Council,
the landscaping or screening is desirable to preserve amenity or protect the
environment.
54.
Public Services and Utilities
Council can within any zone permit land to be used in conjunction with the provision
of public services and utilities if such use is necessary to the proper operation of the
public service or public utility concerned provided that the design, construction,
landscaping, and operation of the service or utility, in the opinion of Council, will
adequate to protect the environment, character, and appearance of the area.
55.
Energy Generation Facilities
(1)
Wind, solar and small hydro generating facilities and associated facilities and
services are subject to the conditions set out below.
(2)
Energy utilities may be subject to the approval of relevant provincial and
federal departments, 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, along with
other matters that Council may deem to be significant.
(3)
A wind, solar, or small hydro generator within a built-up residential area will
be limited to a single unit that serves an individual property.
(4)
An adequate separation distance will be maintained between wind
generators and nearby buildings and structures to prevent damage to
persons and properties due to a failure of a generator or any of its
components or the shedding of ice.
(5)
Unless specifically exempted by Council or other relevant agencies, the
design, construction and location of an energy utility shall be certified by a
professional engineer who has consulted with the required agencies.
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PART II - GENERAL DEVELOPMENT STANDARDS
56.
Service Stations and other Petroleum Dispensing Facilities
The following requirements shall apply to all proposed service stations and other
petroleum dispensing facilities:
(a)
all petroleum pumps shall be located on pump islands designed for such
purpose, and to which automobiles may gain access from either side, except
in the case of propane, diesel, and kerosene pumps, which may access from
one side,
(b)
Pump islands shall be set back at least four (4) metres from the front lot line,
( c)
Accesses to the lot shall be no less than 7 metres wide and shall be clearly
marked,
(d)
Where a service station is located on a corner lot, the minimum distance
between an access and the intersection of street lines shall be 10 metres,
(e)
Surface runoff shall be directed to an oil/water separator before being
discharged into a storm sewer or other drainage system, and
(f)
All provincial and other regulatory requirements must be met.
57.
Site Development Requirements
The following requirements will apply to all proposed site developments.
(a)
An application for an Approval in Principle or a Development Permit shall
include a detailed scale diagram of the proposed development, showing lot
boundaries, site contours, and proposed buildings and structures.
(b)
The diagram will provide sufficient information to show the extent of any
proposed clearing, excavation, or filling-in of the site.
(c)
The development application will provide the following information relative to
the installation of on-site water and sewer system(s):
(i)
Results of percolation tests (including date, time, and by whom the
tests were conducted).
(ii)
Depth of the groundwater table.
(iii)
Calculations used for the design of the septic system.
(iv)
Detailed drawings showing construction details for the installation of
the proposed water and sewage system, including separation
distances from wells, property lines, buildings, water bodies, and other
on-site sewage systems.
(v)
A copy of the final approval certificate from the Government Service
Centre.
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(d)
Council shall consider the suitability of the site in terms of steepness of
grades, soils and geology, and environmentally sensitive areas, including
watercourses, wetlands, and proximity to coastal shorelines when reviewing
a development application.
(e)
No buildings, structures, or placement or removal of fill will be permitted:
(i)
On a slope that exceeds twenty-five percent (25%) over a height of
four (4) or more metres and a length of twenty-five (25) or more
metres.
(ii)
Within eight (8) metres of the top or bottom of a slope that exceeds
twenty-five percent (25%) over a height of four ( 4) or more metres.
(f)
Before approving development of a site having a slope of greater than fifteen
(15) percent but not more than twenty-five (25) percent, Council will require
the development proposal to be reviewed by a certified planner, engineer,
landscape architect, or similar professional. The review shall evaluate the
site's soil and geological stability, proposed site grading, drainage, vegetation
removal, landscaping, and the potential of the development to cause
stormwater runoff, erosion, or pollution affecting adjacent properties,
wetlands, water bodies.
(g)
The clearing of trees and the excavation and filling-in of land to prepare a site
for development will be limited to an extent that is deemed by Council to be
environmentally and aesthetically acceptable and no more than necessary to
suitably develop the site.
(h)
An approval in principle or a permit to develop will not be granted when in
Council's opinion the proposed clearing, excavation, filling-in of land, sewage
system installation, or other site development will result in unacceptable
drainage, environmental, or aesthetic impacts, or will be more than is
necessary to suitably develop the site.
58.
Street Construction Standards
A new street may not be constructed except in accordance with the design and
construction specifications set by Council.
59.
Subsidiary Apartments
A subsidiary apartment may be permitted in single dwelling only, and for the
purposes of calculating lot area and yard requirements, shall be considered part of
the self-contained dwelling.
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60.
Development Within or Adjacent to a Watercourse or Wetland
(1)
All portions of a lot that are located within 15 metres of the edge of a wetland
or the top of the stream bank of a watercourse, but which are not located in
the Environmental Protection zone, will be subject to the following:
(a)
No building or structure will be permitted, except for:
(i) reconstruction of a residential dwelling that was in existence on
the date that this Municipal Plan came into effect
(ii) an accessory building or structure to (i) above
(iii) a floating dock secured to the land, and
(iv) an accessory building or structure to an existing building.
(b)
In any ten (10) year period, tree removal shall be limited to a
maximum of thirty percent (30%) of the number of trees on the portion
of any lot located within the 15-metre buffer area, and
(c)
Any excavation or filling-in of land, or other altering of the landscape,
will be limited to a maximum of ten percent (10%) of the portion of the
lot located within the 15-metre buffer area,
(2)
Before Council will approve development, use, or alteration of a watercourse,
wetland, or estuary, the development, use, or alteration shall be approved or
exempted by any provincial or federal agency having jurisdiction, for example
the Department of Municipal Affairs and Environment (Water Resources
Act),Fisheries and Oceans Canada (Fisheries Act), and Environment Canada
(Migratory Birds Act).
(3)
Development within a wetland is permitted only in such a way as to minimize
adverse impacts on the hydrology, water quality, flora, fauna, and other
important environment resources for which there may be concern.
(4)
If a watercourse or wetland is deemed to be minor (see below), such
watercourses and wetlands shall remain undeveloped and protected by a
buffer wherever possible. If Council, at its discretion, permits a development
that will affect a minor watercourse or wetland, alternatives to covering over
or eliminating such watercourses and wetlands shall be taken wherever
possible, including redesign of the development and relocation of the
watercourse or wetland.
(a)
A minor watercourse is defined as a drainage course that carries
water only during rain events or snowmelt, an intermittent stream that
does not carry significant spring runoff, and a stream that is not fish
habitat.
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(b)
A minor wetland is defined as a wetland of less than 5,000 square
metres in area that is not associated with a watercourse and is not
deemed to be an environmentally sensitive area.
61.
Line of Vision at Intersections
So as to not obstruct the view of motorists and pedestrians,
(a)
All occupied lands within 7 metres of a street intersection shall be kept free of
any shrubs, plants, and trees that will impede the line of vision clear for
motorists and pedestrians, and
(b)
No building or structure shall be permitted to be erected, moved, enlarged, or
reconstructed on any land that is within 7 metres of a street intersection.
62.
Development in the Vicinity of a Public Right-of-Way
(1)
Land development and the erection of buildings and structures will not be
permitted on any site where it would otherwise be permitted under these
development regulations, when in the opinion of Council, the development
would impede public passage on a public right-of-way or interfere with any
legal right of Council to develop or improve the right-of-way for public access
and recreation.
(2)
Council may require a minimum setback or set other terms and conditions to
a proposed development in the vicinity of a public right-of-way to ensure the
development will not obstruct public passage along the right-of-way.
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Development Regulations 2019-2029
PART III - SUBDIVISION OF LAND
PART Ill - SUBDIVISION OF LAND
63.
Application of Part Ill
Part Ill of these regulations applies each of the following:
(a)
The subdivision of land under single ownership into two or more lots,
including the residual lot,
(b)
Construction, upgrading, or extension of a public street, and
64.
Permit Required
No land in the Planning Area shall be subdivided into two or more lots unless a
permit for the development of the subdivision is first obtained from Council.
65.
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to Council have been made for an on-site supply of drinking water and a
properly designed on-site sewage disposal system.
66.
Payment of Service Levies and Other Charges
No permit will be issued for the development of a subdivision until agreement has
been reached for the payment of all fees levied by Council for connection to
services, utilities, and streets deemed necessary for the proper development of the
subdivision and all service levies and other changes imposed under these
Regulations.
67.
Permit Subject to Considerations
For every subdivision of land involving the construction of a new street or extension
of an existing street, an application and development plan shall be submitted to
Council.
A permit shall not be issued when, in the opinion of Council, the development of a
subdivision will not contribute to the orderly growth of the municipality or
demonstrate sound design principles. In considering an application, Council shall,
without limiting the generality of the foregoing, consider:
(a)
Proposed land uses within the development,
(b)
The location and natural characteristics of the site, including topography,
drainage, soils and geology, vegetation, wetlands, watercourses, sensitive
areas, prevailing winds, and solar orientation,
(c)
Municipal Plan policies, Development Regulations, and Use Zone affecting
the site,
Terra Nova Development Regulations - Page 25
Town of Terra Nova
Development Regulations 2019-2029
PART III - SUBDIVISION OF LAND
(d)
Proposed layout of streets and lots, as well as linkages to existing streets,
(e)
The availability of and the demand created for municipal infrastructure,
municipal services, and utilities,
(f)
Provisions for access to adjacent undeveloped areas,
(g)
The land use, physical form and character of adjacent developments,
(h)
The relationship of the project to existing or potential sources of nuisance,
(i)
Visual quality and effect on viewscapes from existing subdivisions,
U)
Community facilities,
(k)
Energy conservation,
(I)
Environmental effects with respect to watercourses, wetlands, steep slopes,
drainage patterns, stormwater generation and control, coastal resources, and
loss or fragmentation of habitat,
(m)
Municipal financial costs related to the provision and maintenance of roads,
other infrastructure, and municipal services,
(n)
Effects on the sustainability of important resource lands, including
groundwater supply areas, agricultural land, forestland, and aggregate
resources, and
( o)
Such other matters as may affect the proposed development.
68.
Building Permits Required
Notwithstanding the approval of a subdivision by Council, a separate building permit
shall be obtained for each building proposed to be erected in the area of the
subdivision, and no building permit for any building in the area shall be issued until
the developer has complied with all the provisions of these Regulations with respect
to the subdivision development.
69.
Form of Application
Application for a permit to develop a subdivision shall be made to Council in
accordance with Regulation 18 - Form of Application.
Terra Nova Development Regulations - Page 26
Town o/Terra Nova
Development Regulations 2019-2029
PART Ill - SUBDIVISION OF LAND
70.
Subdivision Subject to Zoning
Subdivision of land will be permitted only in conformity with the Use Zones
delineated on the Land Use Zoning Maps.
71 .
Building Lines
Council may establish building lines for any subdivision street and require any new
building to be located on such building lines.
72.
Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro or
telephone pole, school bus shelter, sign post) shall not be approved by Council
unless it is satisfied on the question of safe construction and relationship to other
buildings or other structures within the street reservation and the relationship to safe
movement of vehicles and pedestrians.
73.
Subdivision Design Standards
Except as otherwise specified in a Subdivision Policy adopted by Council, no permit
shall be issued for the development of a subdivision under these Regulations unless
the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
A cul de sac will be subject to the following:
(i)
the turning circle will have a diameter of not less than 30 metres.
(ii)
the paved surface will have a diameter of not less than 15 metres.
(ii)
the maximum length of a cul de sac with an emergency access will be
1,000 metres. Without an emergency access it will be 500 metres.
(iii)
no cul de sac shall be located so as to appear to terminate a collector
street.
(c)
Streets will be designed in accordance with the following minimum standards:
Street
Pavement
Walkway
Walkway
Width and
Reservation
Width
Design
Number
15 m
(can be varied to no
7.3 m
Discretion
Discretion
less than 12.2 m at
of Council
of Council
the discretion of
Council)
Terra Nova Development Regulations - Page 27
Town of Terra Nova
Development Regulations 2019-2029
PART III - SUBDIVISION OF LAND
(d)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
74.
Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all streets, paving, sidewalks and other utilities
deemed necessary by Council to service the area proposed to be developed
or subdivided shall be designed or approved by an Engineer. Such designs
and specifications shall, upon approval by Council, be incorporated in the
plan of subdivision.
(2)
Upon approval by Council 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 streets and other works deemed necessary by Council to service the
said area.
75.
Developer to Pay Engineer's Fees and Charges
The developer shall pay to Council all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of materials
and labour for the construction and installation of all works calculated in accordance
with the Schedule of Fees recommended by the Association of Professional
Engineers and Geoscientists of Newfoundland and Labrador and in effect at the
time the work is carried out.
76.
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, and paving
specified by Council as being necessary, may, at Council's discretion, be deferred
until a later stage of the subdivision development, but the developer shall deposit
with Council before approval of the 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, Council 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 Council the amount
of the excess. If the contract price is less than the deposit, Council shall refund the
amount of the excess. Any amount so deposited with Council 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.
Terra Nova Development Regulations - Page 28
Town of Terra Nova
Development Regulations 2019-2029
PART III - SUBDIVISION OF LAND
77.
Transfer of Streets and Utilities to Council
(1)
The developer shall, following the approval of the subdivision of land and
upon request of Council, transfer to Council, at no cost to Council, and clear
of all liens and encumbrances:
(a)
All lands in the area proposed to be developed or subdivided which
are approved and designated by Council for public use as streets, or
other rights-of-way, or for other public use;
(b)
All services or public works including streets, water and sewer
systems, and storm drainage systems installed in the subdivision that
are normally owned and operated by Council.
(2)
Before Council 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 and certify his satisfaction with
their installation.
(3)
Council shall not provide maintenance for any street, service or public work in
any subdivision until such time as such street, service or public work has
been transferred to and accepted by Council.
78.
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until Council is
satisfied that appropriate access to a street is provided for the lot.
79.
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 Council, shall not be changed without
written application to and subsequent approval of Council.
Terra Nova Development Regulations - Page 29
Town of Terra Nova
Development Regulations 2019-2029
PART IV - USE ZONES
PART IV - USE ZONES
80.
Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use
Zones which are shown on the Land Use Zoning Map attached to and
forming part of these Regulations.
(2)
Subject to Paragraph (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, Council may in its
discretion, determine the standards, requirements and conditions which shall
apply.
81 .
Map Interpretation
(1)
The boundaries of the Use Zones shown on the Land Use Zoning Maps are
general only and, except where they coincide with roads, shorelines, or other
prominent physical features, are not intended to define exact limits. No
zoning amendment shall be required to allow minor adjustments of the Use
Zone boundaries.
Other than such minor boundary adjustments, no
development shall be permitted that does not conform to the Use Zone
delineated on the Land Use Zoning Maps.
(2)
Where there is uncertainty regarding the existence of a watercourse
identified on the zoning map as occurring within the Environmental Protection
zone, this will be confirmed in the field. If it is determined that the
watercourse does not exist, the area in question will be treated as if it is
occurring within a surrounding zone.
82.
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 Council in accordance with the definitions set
out in Schedule A and/or the classifications and examples set out in Schedule B.
83.
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 Council
in that Use Zone.
Terra Nova Development Regulations - Page 30
Town o/Terra Nova
Development Regulations 2019-2029
PART IV - USE ZONES
84.
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 Council 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
Council has given notice of the application in accordance with Regulation 30 -
Notice of Application and has considered any objections or representations which
may have been received on the matter.
85.
Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes
set out in the appropriate Use Zone Tables in Schedule C shall not be permitted in
that Use Zone.
Terra Nova Development Regulations - Page 31
Town of Terra Nova
Development Regulations 2019-2029
Schedule A - Definitions
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE A - DEFINITIONS
GENERAL NOTE:
SCHEDULE A
DEFINITIONS
A definition marked with an asterisk is also included in the Provincial Development
Regulations. Where there is a conflict, the Provincial 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)
In the case of a residential use, a domestic garage, carport, ramp, shed, swimming
pool, greenhouse, cold frame, fuel shed, vegetable storage cellar, shelter for
domestic pets, or radio or television antennae,
(iii)
In the case of a commercial use, an office, workshop, storage building, or garage,
and
(iv)
In the case of an industrial use, a garage, office, workshop, storage building, ramp,
or dock.
*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 means, unless the context indicates otherwise, the Urban and Rural Planning Act
2000.
AGRICULTURE, CROP means an agricultural operation that is carried on for personal or
commercial use and includes:
(a) the clearing, draining, irrigating or cultivation of land,
(b) the production of agricultural field crops,
(c) the production of fruit and vegetables and other specialty horticultural crops,
(d) the operation of agricultural machinery and equipment,
(e) storage, use or disposal of organic wastes for farm purposes,
(f) the preparation of a farm product for distribution from the farm gate, including
cleaning, grading and packaging,
Schedule A - Page 1
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE A
DEFINITIONS
(g) the operation of pick-your-own farms, roadside stands, farm produce stands, and
tourist operations as part of a farm operation, or
(h) any other non-livestock agricultural activity or process prescribed by Provincial
regulation that is carried on for gain or reward or in the hope or expectation of gain
or reward;
AGRICULTURE, LIVESTOCK means an agricultural operation that is carried on for
personal or commercial use and includes:
(a) the clearing, draining, irrigating or cultivation of land for livestock grazing,
(b) the raising of livestock, including poultry,
(c) the raising of fur-bearing animals,
(d) the raising of bees,
(e) the production of eggs and milk,
(f) the preparation of a livestock, poultry, or dairy product for distribution from the farm
gate, including cleaning, grading and packaging,
(g) the on-farm processing of farm products for the purpose of preparing livestock,
poultry, or dairy products for wholesale or retail consumption,
(h) any other livestock activity or process prescribed by Provincial regulation that is
carried on for gain or reward or in the hope or expectation of gain or reward;
ANIMAL UNIT means any one of the following animals or groups of animals:
(a) 1 horse, cow, steer, bull, mule, donkey, pig, fox, or mink including offspring until
weaning
(b) 3 llama or alpaca including offspring until weaning
(c) 6 sheep or goats including offspring until weaning
(d) 10 ostriches, emus or fur bearing animals, excluding fox or mink, including offspring
until weaning
(e) 20 hens, chickens, turkeys, ducks or geese, or
(f) 100 chicks.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT means a person who has applied to Council for an approval or permit to carry
out a development.
BACK LOT means a residential building lot that is separated from the street by one or more
existing residential lots and is accessible by a narrow strip of land leading from the street.
Schedule A - Page 2
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE A
DEFINITIONS
BED AND BREAKFAST means an owner-occupied or owner-managed establishment for
paid temporary accommodation for up to six (6) guest rooms of paid temporary
accommodation for tourists and other travellers. The establishment may include a self-
serving dining area for the use by overnight guests. Catered dining may be considered on a
limited-use basis.
Other uses that may be considered under this definition include
hospitality home, cottage and inn. 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, Industry and Innovation as a Bed and Breakfast operation.
BOARDING HOUSE means a dwelling in which at least two (2) rooms are regularly rented
to persons other than the immediate family of the owner or tenant.
BUILDING means a structure, erection, excavation, alteration or improvement whatsoever
placed on, over or under land, or attached, anchored or moored to land, and includes
mobile structures, vehicles and marine vessels adapted or constructed for residential,
commercial, industrial and other like uses, and any part of a building as so defined and any
fixtures that form part of a building.
*BUILDING HEIGHT means the vertical distance, measured in metres, from the
established grade to:
(i)
the highest point of the roof surface of a flat roof,
(ii)
the deck line of a mansard roof, and
(iii)
the mean height level between eave and ridge of a gable, hip or gambrel
roof, and in any case, a building height shall not include mechanical
structure, smokestacks, steeples and purely ornamental structures above a
roof.
--~
:~! ------
Mansard Roof
~
:HI: -----
Gamb~I Roof
Schedule A - Page 3
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE A
DEFINITIONS
*BUILDING LINE means a line established by Council that runs parallel to a street line and
is set at the closest point to a street that building may be placed.
CAMPGROUND means an area of land, managed as a unit, for the accommodation of any
combination of three (3) or more tents, recreational vehicles, or travel trailers used on a
short term or seasonal basis, and where the accessory uses could include an
administrative office, clubhouse, snack bar, laundry, convenience store, swimming pool,
washroom, and recreational facility.
CATERING means a building or part of a building where food is prepared and served within the
premises and includes a restaurant and coffee shop but does not include a take-out food service or
drinking establishment.
CEMETERY means a facility or site reserved for the burial of the dead and may include a
crematorium, mortuary, and related maintenance facility.
CHILD CARE 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.
CLUB AND LODGE means land, a building, or part of a building used by a non-profit
association or organization for fraternal, social, recreational or religious purposes.
COLLECTOR STREET means a street that links local streets with arterial streets or other
collector streets, and which is designated as a collector street in the Municipal Plan or on
the Zoning Map.
COMMERCIAL ACCOMMODATION means a building, or part thereof, used to provide
short term (not permanent) accommodation for paying guests. Accommodation may be
self-contained (with full kitchen, bathroom and laundry services) or serviced (laundry
service and meals are provided). Examples of a commercial accommodation may include a
hotel, motel, or inn.
COMMUNICATIONS means a building, structure, mast, or antenna used to facilitate the
receiving or transmitting of radio, television, telephone, cellular, or satellite communications,
and may include radio and television stations.
Schedule A - Page 4
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE A
DEFINITIONS
COMPREHENSIVE DEVELOPMENT means an integrated development on a suitable,
large site that responds to a unique market opportunity and involves special development
standards not otherwise permitted in the zone. A comprehensive development may allow
for a mix of different housing types and densities, and innovations such as cluster layouts
and zero lot line housing, and privately owned and maintained streets and infrastructure.
CONSERVATION means a use of land that serves to protect, maintain, or improve an
environmental resource or feature.
CONSTRUCTION YARD means an area used for the storage or parking of construction
materials, supplies, equipment, tools, stockpiles of construction materials, and other items
including trucks, heavy equipment, storage containers, construction trailers, and temporary
office trailers.
CONVENIENCE STORE means a retail commercial establishment supplying groceries,
sundries and other daily household necessities to the immediate surrounding area.
COUNCIL means the Council of the Town of Terra Nova having jurisdiction of the Terra
Nova Municipal Plan and Development Regulations.
CROP AGRICULTURE - See "AGRICULTURE, CROP".
CULTURAL AND CIVIC means land or a building used for a cultural or civic activity
such as a museum, art gallery, interpretation centre, cultural centre, outdoor interpretive
or educational display, of a historic, cultural, or educational nature, or used for a
government activity not otherwise defined in these Regulations.
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, includes:
(i)
the making of an access onto a highway, road or way,
(ii)
the construction of a building,
(iii)
the erection of an advertisement or sign, and
(iv)
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.
and excludes:
(i)
the carrying out of works for the maintenance, improvement or other
Schedule A - Page 5
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE A
DEFINITIONS
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,
(ii)
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,
(iii)
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, and
(iv)
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 Council.
*DISCRETIONARY USE means a use that is listed within the discretionary use classes
established in the use zone tables of Council's development regulations.
DISTANCE means the shortest separation, measured on horizontal plane, between a lot
line, street line, top of the bank of a watercourse, or other point specified in these
Regulations and the nearest part of a building, structure, excavation, or other use of land.
DOCK means a recreational structure extending into a body of freshwater, which may be
owned and operated by private individuals or community organizations but does not include
a marina or commercial facility.
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.
DRAINAGE means the removal of surface or subsurface water by a channel, open ditch,
grassed waterway, or conservation structure.
DRINKING ESTABLISHMENT means a commercial operation, assembly hall, club, or
lounge in which the sale and consumption of liquor is licensed under the Liquor Control Act,
and in which meals and food may be served for consumption on the premise and
entertainment may be provided.
Schedule A - Page 6
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE A
DEFINITIONS
DRIVEWAY means a vehicular passageway having at least one end thereof connected to a
public street and providing ingress to and/or egress from a lot;
DWELLING means a main building or portion thereof containing one or more dwelling
units.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms
used or designed as the living quarters for one household.
EDUCATIONAL means a public or private institution of learning that includes primary,
elementary, junior high, and senior high schools, colleges, universities, as well as buildings
used for temporary training activities.
EMERGENCY SERVICE means a fire station, police station, rescue centre, or other facility
for the provision of emergency services, including a training facility related to any of the
foregoing.
ENERGY GENERATION FACILITY means a facility for the generation of electricity
from wind, biomass, water, oil, or gas.
ENGINEER means a professionally certified engineer who is employed or retained by
Council or is employed or retained by a developer in relation to a development that
requires Council approval.
ENTERTAINMENT means the internal use of a building for entertainment activities, and
may include bowling alleys, movie theatres, performing arts, games arcades, poolrooms,
youth centres, and similar uses, but does not include drinking establishments.
*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.
Schedule A - Page 7
Town of Terra Nova
Development Regulations 2019-2029
s tru c t ure
h eigh t
>---
__ J __ _
SCHEDULE A
DEFINITIONS
~_;_.~ ~ ====-20'3
-lon
- -- - -- - - -- -- - ------ -
90" elev- tlon
-veragegf'ade
EXCAVATION OF LAND means the extraction or mining of soil, gravel, or bedrock material
to prepare a site for development or to sell for off-site use.
FILLING-IN OF LAND means the depositing of soil, gravel, or bedrock material to prepare
a site for development.
FLOOD RISK AREA means an area usually consisting of lowlands, adjoining the channel
of a watercourse or estuary, which may be covered by floodwater during a 1 :20 or a 1:100
year flood.
*FLOOR AREA means the total area of all floors in a building measured to the outside face
of exterior walls.
FORESTRY means the general growing and harvesting of trees and, without limiting the
generality of the foregoing, shall include the cutting offuelwood, sawlogs, Christmas trees,
and other products.
*FRONTAGE or LOT WIDTH means the horizontal distance between side lot lines
measured at the building line, or in the case of a lot on the turning circle of a cul de sac, the
horizontal distance measured at the building line.
Schedule A - Page 8
Town of Terra Nova
Development Regulations 2019-2029
-..----.-------.- ltont lol line
frontyJ1ct-
5elb.ick
IMr·- l
lot
!
·r -
--'------'-----'- rcM lot line
SCHEDULE A
DEFINITIONS
FRONTYARD means the distance between the "building line" as defined in these
regulations and the front street line of a lot.
FUTURE STREET means a portion of land delineated on a development plan as a "Future
Street", which is to be used as a street at some date in the future and which the title of the
land will be vested with Council upon the completion of the development.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use to
a main building on the lot.
GARDEN CENTRE means the use of land, buildings, or structures or part thereof for the
purpose of buying or selling plants and garden equipment, furnishings, and supplies.
GENERAL ASSEMBLY means land or buildings used as gathering places for substantial
numbers of people and, without limiting the generality of the foregoing, includes
auditoriums, convention centres, public and private halls, gymnasiums, bowling alleys, and
similar gathering places.
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.
GENERAL INDUSTRY means the use of land or buildings to store, assemble, alter, repair,
manufacture, fabricate, pack, can, prepare, break up, demolish, or treat any article,
commodity or substance. "Industry" shall be construed accordingly.
GENERAL SERVICE means an outlet for servicing, repairing, installing, or renting things
and equipment, without limiting the generality of the foregoing, includes the following
Schedule A - Page 9
Town of Terra Nova
Development Regulations 2019-2029
examples:
(a) radio, television, and computer service and repair shops
(b) locksmith shops
(c) small appliance service or repair shops
(d) household and carpenter tool service or repair shops
(e) tools and equipment rental shops.
GRADE-See "ESTABLISHED GRADE".
SCHEDULE A
DEFINITIONS
GREENHOUSE means a building whose roof and sides are made largely of glass or other
transparent or translucent material for the cultivation of plants for subsequent sale,
transplanting, or personal use.
GROUNDWATER means any flowing or standing water below the surface of the earth
HABITAT means an area where plants, animals, and other organisms live, and find
adequate amounts of food, water, shelter, and space needed to sustain their populations.
Specific habitats of concern may include areas where species (i.e. geese, ducks, salmon)
concentrate at a vulnerable point in their life cycle or annual migration.
HAZARD LAND means land that poses a hazard or constraint to development such as
wetlands, organic soils, steep slopes, flood plains, contaminated soils, and exposed
bedrock.
HAZARDOUS USE means the use of land or buildings for any purpose that constitutes a
special hazard by reason offire, explosion, radiation, pollution, noxiousness, risk to human
health, or other hazard.
HEIGHT - See "BUILDING HEIGHT".
HOME OCCUPATION means a secondary use of a dwelling by at least one of the
residents of the dwelling to conduct a gainful occupation or business activity.
HOTEL means a commercial establishment that consists of a building with three or more
attached sleeping units grouped under one roof designed to accommodate the traveling
public, which may or may not have restaurant, retail, and personal services.
Schedule A - Page 10
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE A
DEFINITIONS
INDOOR ASSEMBLY means land or a building used as a gathering place for sports-
related recreational activities and, without limiting the generality of the foregoing,
includes arenas, armoires, ice rinks, and indoor swimming pools.
INDOOR MARKET means the use of a building for the display and sale of goods and
produce by a number of retail enterprises.
INFILL DEVELOPMENT means development or redevelopment occurring on an infill lot.
INFILL LOT means a vacant lot that remains, or is subdivided from another lot, following
completion of the initial development of an area.
INSPECTOR means any person appointed and engaged as an Inspector by Council or by
any federal or provincial authority or the agent thereof.
KENNEL means any land, building, or structure where five (5) or more dogs or cats over
the age of six months are boarded, bred, trained, cared for, and may include the business
of pet grooming, but does not include a veterinary clinic.
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 unsightly appearance. Light industry does not include a construction yard as
defined in this section.
LIVESTOCK means any species of poultry, cattle, sheep, swine, goats, llamas, horses, or
other animals that are normally kept and raised on farms and used or intended for use as
food or food related purposes, for riding (e.g. horses), or for improving animal nutrition,
breeding or management for profit, personal use, or otherwise, and does not include a
domestic animal as defined in these regulations.
LIVESTOCK AGRICULTURE - See "AGRICULTURE, LIVESTOCK".
Schedule A - Page 11
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE A
DEFINITIONS
LIVESTOCK FACILITY means a building or confined area used or intended to be used to
house or confine livestock, and includes a structure or area used or intended to be used to
store manure.
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.
*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, CORNER means a lot having two or more sides fronting onto two or more adjacent
streets.
*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.
total area of structu,ai tootprint(s)
lot coverage(%)-
total lot area
Schedule A - Page 12
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE A
DEFINITIONS
LOT LINE means a common boundary between a lot and an abutting lot or street.
-.-
REAR I
YARD
(SETBACK>
_y_
SIDE
YARD
!SETBACK)
FRONT
YARD
(SETBACK)
STREET l
LOT WIDTH - See "FRONTAGE"
_____ C
LOT LINES --:-
~
-)
(
8UILDA8LE
I
AREA
I REQUIRED
,%... ·- ·- ·-· -
/1""
YARD
I
- / !
i, ~
! - - 8UILD1NGAREA
OR FOOTPRINT
I
-
-
I
I
BUIL01NG LINE
~--·-·-·-· -;-----
I
FRONT LOT LINE
i
STREET R.O.W. l
MAIN BUILDING means the building or buildings in which the primary use(s) of a lot on
which the building is located is conducted.
MAIN USE(S) means the primary purpose(s) for which a building, other structure or lot is
designed, arranged, or intended, or for which a lot may be used under this regulation.
MEDICAL SERVICE means a building or part thereof, used exclusively by physicians,
dentists or other health professionals, their staff, and patients for consultation, diagnosis,
and office treatment of humans. Without limiting the generality of the foregoing, a medical
clinic may include administrative offices, waiting rooms, examination rooms, treatment
rooms, laboratories, pharmacies, and dispensaries directly associated with the clinic, but
shall not include accommodation for in-patient care or operating rooms.
MINERAL EXPLORATION means the searching for minerals or mineral occurrences,
including oil exploration, wherein, for the purposes of these Regulations it takes the form of
a development that involves appreciable soil disturbance, uses equipment other than hand
tools, or involves the construction of roads to access the exploration site.
MINERAL WORKING means the use of land for the surface extraction, processing,
crushing, and stockpiling of sand, gravel, clay, shale, bedrock, or other aggregates, and
Schedule A - Page 13
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE A
DEFINITIONS
may include washing and blasting where permitted under Provincial regulation, along with
associated buildings and machinery.
MINI-HOME means a prefabricated single dwelling unit that complies with the National
Building Code, is designed to be used with or without a permanent foundation, has a width
of less than six (6) metres throughout its entire length exclusive of steps or porches, is not
fitted with facilities for towing or to which towing apparatus can be attached, and is capable
of being transported by means of a single trailer from the site of its construction without
significant alteration.
MINING means the use of land or buildings for the extraction and processing of ores, salts,
and/or petroleum that has been approved in accordance with applicable legislation, and
includes stockpiles of ore, production facilities, buildings, and any other use incidental or
accessory to ore extraction and processing activities.
MINISTER means the Minister of Municipal Affairs responsible for the Urban and Rural
Planning Act.
MINOR WATERCOURSE means a watercourse that flows for only a part of the year, such
as during snowmelt, spring runoff, rainstorms, and wet periods.
MOTEL means an establishment that serves the travelling public, which consists of one or
more buildings containing four or more attached accommodation units, which may or may
not have restaurant, retail, and personal services.
MULTIPLE-UNIT DWELLING means a dwelling containing more than two dwelling units,
such units being constructed with common walls on the same level with individual
entrances directly from the outside.
*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.
NOXIOUS USE means a use of land or a building which, from its nature or operation,
creates a nuisance, or is liable to become a nuisance that is offensive or dangerous by
reason of noise, vibration, or emission of gas, fumes, dust, or objectionable odour.
OFFICE means a use providing for administrative, governmental, professional services and
general office functions, and includes accounting, bookkeeping, advertising, architectural,
Schedule A - Page 14
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE A
DEFINITIONS
engineering, planning and design, surveying, legal services, counseling, data processing,
telephone services, social services, public relations, consulting, realty offices and similar
uses.
OPEN SPACE means land set aside to preserve natural areas or to develop passive
recreational uses. Open space may include woodlands, fields, walking trails, and passive
recreational uses, but shall not include structures such as buildings, tennis courts, parking
lots, or other impervious land uses.
OUTDOOR ASSEMBLY means land or buildings used as a gathering place for substantial
numbers of people and, without limiting the generality of the foregoing, includes bleachers,
grand stands, outdoor ice rinks, outdoor swimming pools, amusement parks, fair grounds,
exhibition grounds, drive-in theatres, and similar gathering places.
*OWNER means a person or an organization of persons owning or having the legal right to
use the land under consideration.
PASSIVE RECREATIONAL USE means a recreation activity that generally does not
require a developed site, and includes such uses as walking, bicycling, and skiing trails, but
does not include sports fields, structures, or facilities to accommodate any type of
motorized vehicle.
PERMANENT STRUCTURE means a building or part thereof or any built structure which
includes a foundation or permanent base of earth, rock, concrete or other materials.
*PERMITTED USE means a use that is listed within the permitted use classes set out in the
use zone tables of Council's development regulations.
PERSONAL SERVICE means a service oriented to the personal needs of persons, and
without limiting the generality of the foregoing, includes hairdressing shops, beauty salons,
gyms, computer service shops, hobby shops, and photo studios.
*PROHIBITED USE means a use that is not listed within the permitted use classes set out
in the use zone tables of Council's development regulations.
PUBLIC RIGHT-OF-WAY means a route across privately or publicly owned land that may
be followed, but not deviated from, by members of the public.
Schedule A - Page 15
Town of Terra Nova
Development Regulations 2019-2029
PUBLIC STREET - see "STREET".
SCHEDULE A
DEFINITIONS
*REARY ARD means the distance between the rear lot line and the rear wall of the main
building on the lot.
RECREATIONAL DWELLING means a private, non-commercial single dwelling that is
intended for recreational use, is not inhabited as a permanent dwelling, and is not located
on a public street maintained by Council or the Province.
RECREATIONAL OPEN SPACE means a recreational use conducted outdoors that may
be designed and equipped for the conduct of sports and/or leisure activities, and may
include a snowmobile or multi-use trail, nature interpretation centre, park, playground,
outdoor skating rink, racing track, playing field, or similar use.
RESTAURANT means a building or part thereof, 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.
SENSITIVE AREA means an area that is easily disrupted by human activity, and may
include steep slopes, cliffs, watercourses, wetlands, riparian areas, springs, riparian areas,
wet and unstable soils, unstable geology, and vulnerable or threatened_ flora or fauna.
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.
*SIDEYARD SETBACK means the distance between the side lot line and the nearest side
wall of a building on the lot.
*SIGN means a word, letter, model, placard, board, device or representation whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as a
memorial, advertisements of local government, utilities and boarding or similar structures
used for the display of advertisements.
Schedule A - Page 16
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE A
DEFINITIONS
SINGLE DWELLING means a single dwelling which is free standing, separate, and
detached from other main buildings and consists of a constructed, prefabricated, or
manufactured detached dwelling unit, but does not include a mini-home, mobile home,
recreational vehicle, or trailer.
SLOPE means the rate of vertical change of the surface of the ground expressed as a
percentage figure and determined by dividing the change in vertical distance by the change
in horizontal distance.
SNOWMOBILE TRAIL means a recreational trail primarily for snowmobile use.
SOD FARM means the use of land for the cultivation and harvesting of lawn grass, along
with the soil that supports it, for commercial sale.
·
*STREET means a street, road or highway or other way designed for the passage of
vehicles and pedestrians with the following characteristics:
(i)
it is designed for the passage of fire department and other emergency vehicles,
(ii)
it includes related infrastructure, for example, the roadway itself, side ditches,
culverts, and bridges, and
(iii)
its maintenance is the responsibility of Council or the Provincial Department of
Transportation and Works.
*STREET LINE means the edge of a street reservation as defined by Council.
STRUCTURE means anything constructed or erected with a fixed location on or below the
ground or attached to something having a fixed location on the ground, and includes
buildings, walls, fences, signs, billboards, utility poles, and similar items.
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.
Schedule A - Page 17
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE A
DEFINITIONS
TEMPORARY DWELLING means temporary accommodations related to a short-lived
project and used for short duration. Examples include mobile homes and portable units for
workers quarters.
TEMPORARY USE means a use established for a limited duration with the intent to
discontinue such use upon the expiration of the time period.
TOURIST COTTAGE ESTABLISHMENT means an area of land, managed as a unit,
consisting of three or more self-contained accommodations units used for short-term stays,
and where accessory uses could include an administrative office, clubhouse, snack bar,
convenience store, swimming pool, and recreational facilities.
TOWNHOUSE - See "ROW DWELLING".
TRAILER - See "RECREATIONAL TRAILER."
TRANSPORTATION means any transportation infrastructure or service such as roads,
streets, bridges, airfields, taxi stands, bus and air terminals, but does not include marine
transportation structures or buildings.
*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.
UTILITY means a utility provided by any agency, which provides the public with electricity,
heat, steam, communications, water, sewage, garbage collection, or other similar service.
*VARIANCE means a departure, to a maximum of 10% unless otherwise stipulated in
these regulations, from the yard area, lot coverage, setback, size, height, frontage or any
other numeric requirement of the applicable Use Zone Table of Council's regulations.
VETERINARY means an establishment used by veterinarians, or practitioners in related
specialties, for practicing veterinary medicine, where animals are admitted for examination
or treatment, and where limited laboratory and other diagnostic services may be offered but
excludes a kennel.
Schedule A - Page 18
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE A
DEFINITIONS
WATERCOURSE means the full width and length, including the bed, banks, side and
shoreline, or any part, of a river, stream, spring, brook, lake, pond, reservoir, estuary, or
other natural or artificial freshwater channel open to the atmosphere, the primary function of
which is the conveyance or containment of water, whether the flow is continuous or not.
WATERSHED means the surface area contained within a topographical divide above a
specified point on a river, brook, stream, or other flowing body of water.
WETLAND means a land whose soil is saturated with moisture either permanently or
seasonally. Wetlands include swamps, marshes, bogs, fens, and shallow water, among
others. The water found in wetlands can be saltwater, freshwater, or brackish.
ZONE - See "USE ZONE"
*ZONING MAP means the map or maps attached to and forming part of the Regulations.
Schedule A - Page 19
Town of Terra Nova
Development Regulations 2019-2029
Schedule B - Classification of Uses
of Land and Buildings
Town o/Terra Nova
Development Regulations 2019-2029
BUILDINGS
SCHEDULE S
CLASSIFICATION OF USES OF LAND AND
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS
This Classification is intended to assist in the interpretation of types of uses within the use
classes listed in the Use Zone Tables in Schedule C of these Regulations. Examples
included in the following tables are not exhaustive. They are used to illustrate typical types
of developments within a use class.
GROUP
CLASS
EXAMPLES
RESIDENTIAL USES
Single Dwelling
Single detached dwellings
Double Dwelling
Semi-detached dwellings, duplex dwellings
Multiple-Unit Dwelling
Row houses, townhouses, triplexes
Apartment Building
Apartment buildings
Collective Residential
Educational residences, nurse and hospital
residences, etc.
Subsidiary Apartment
Basement apartments, in-law suites
Boarding House
Boarding houses
Bed and Breakfast
Bed and breakfasts
Mini Homes
Mini homes
Residential Care
Seniors housing, personal care homes, nursing
homes, qrouo homes
Recreational Dwelling
Cabins, cottages
Home Occupation
Home occupations
Accessory Building
Sheds, garages
Temporary Dwelling
Construction camps, bunkhouses
Schedule B - Page I
Town of Terra Nova
Development Regulations 2019-2029
BUILDINGS
GROUP
CLASS
Medical Service
COMMERCIAL USES
Office
Personal Service
General Service
Commercial
Accommodation
Tourist Cottage
Establishment
Campground
Shopping Centre
Shop
Indoor Market
Outdoor Market
Drinking
Establishment
Garden Centre
SCHEDULEB
CLASSIFICATION OF USES OF LAND AND
EXAMPLES
Clinics, medical offices, dental offices
Professional offices, law offices, business
offices, banks, aovernment offices
Barbers, beauty parlours, pet grooming
Car washes, laundromats, small tool and
aooliance services and rentals,
Hotels, motels, inns, tourist cottages
Tourist cottages and associated facilities (e.g.
laundromat, swimmina oool, canteen)
Campgrounds, trailer parks, RV parks
Shopping centres, strip malls, department
stores
Retail shops, showrooms, supermarkets,
convenience stores, gift shops, specialty
shoos, video stores, liquor stores
Indoor farmer markets, exhibition halls, indoor
flea markets
Fish markets, market grounds, flea markets,
produce stands, outdoor farmer markets
Bars, pubs, nightclubs, lounges
Greenhouses, nurseries
Vehicle Sales and
Automobile dealerships, recreational vehicle
Services
dealerships, heavv eauioment dealerships
Catering
Restaurants, coffee shops, bake shops
Take-out Food
Take-out restaurants, food stands
Service
Entertainment
Games arcades, poolrooms, bowling alleys,
youth centres, movie theatres, theatres
Kennel
Kennels
Veterinary
Veterinary clinics
Funeral Home
Funeral homes and chapels
Schedule B - Page 2
Town of Terra Nova
Development Regulations 2019-2029
BUILDINGS
SCHEDULE R
CLASSIFICATION OF USES OF LAND AND
GROUP
CLASS
EXAMPLES
Penal and
INSTITUTIONAL AND
Correctional
Jails, prisons, reformatories, group homes
PUBLIC USES
Detention
Medical Treatment
Medical care homes, personal care homes,
and Special Care
nursinq homes, hospitals, medical clinics
Emergency Service
Police stations, fire stations, ambulance service
Childcare
Daycare centres, home child care services,
early childhood education services
Cultural and Civic
Art galleries, municipal offices, libraries,
museums, interpretive centres, studios
Educational
Schools, colleges
Place of Worship
Churches and similar places of worship, church
halls
Cemetery
Cemeteries
General Assembly
Community halls, lodge halls, dance halls,
exhibition halls, qymnasia, auditoria
Recreation centres, arenas, ice rinks, indoor
Indoor Assembly
swimming pools, armouries, fitness clubs,
bowlinq alleys
Bleachers, grandstands, outdoor ice rinks,
Outdoor Assembly
outdoor swimming pools, amusement parks,
fairgrounds, exhibition grounds, drive-in
theatres
Recreational Open
Sports fields, running tracks, playgrounds,
Space
outdoor skating rinks, golf courses, dog parks,
multi-use trails, snowmobile trails
Schedule B - Page 3
Town of Terra Nova
Development Regulations 2019-2029
BUILDINGS
SCHEDULES
CLASSIFICATION OF USES OF LAND AND
GROUP
CLASS
EXAMPLES
Vegetable and hay farms, hobby farms, market
NATURAL
Crop Agriculture
gardens, community gardens, nurseries,
RESOURCE USES
areenhouses
Livestock Agriculture
Forest harvesting, silviculture
Forestry
Forest harvesting, silviculture, forest access
roads
Mineral Working
Pits, quarries, washing plants, screening
olants, crushers
Mineral Exploration
Mineral exploration and associated activities
(e.a. access roads, rock drillinq)
Mining
Mineral extraction, ore stockpiles, mineral
orocessinq plants
GROUP
CLASS
EXAMPLES
Bulk storage of hazardous liquids and
INDUSTRIAL USES
Hazardous Industry
substances, chemical plants, distilleries
feed mills, spray paintinq shoo
Factories, cold storage plants, bulk storage
General Industry
facility, freight depots, warehouses,
workshops, planinq mills, contractors yards
Service Station
Gasoline service stations, gas bars
Workshops, indoor storage centres,
Light Industry
warehouses, greenhouses, recycling depots,
aeneral aaraaes
Scrap Yard
Car wrecking yards, junk yards, salvage
vards, scrap dealers
Construction Yard
Construction yards
Schedule B -Page 4
Town of Terra Nova
Development Regulations 2019-2029
BUILDINGS
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND
GROUP
CLASS
EXAMPLES
Buffer strips, watersheds, protected sensitive
CONSERVATION
Conservation
areas (e.g. steep slopes, wetlands, wildlife
AND
habitat)
OPEN SPACE USES
Open Space
Parks, hiking trails, bicycle trails, boardwalks,
orotected oreen areas, oicnic areas
Recreational Open
Sports fields, running tracks, playgrounds,
Space
outdoor skating rinks, golf courses, dog parks,
multi-use trails, snowmobile trails
GROUP
CLASS
EXAMPLES
Transportation
Roads, bridges, airfields, taxi stands, bus
TRANSPORTATION
stations, air terminals
AND
Marina
Marinas, docks, moorings, slips, boat refuelling
UTILITY USES
deoots
Communications
Communications towers, telephone exchanges,
transmittino and receivina masts and antenna
Dock
Recreational docks and slipways
Energy Generation
Wind generators, solar generators, small hydro
Facility
qenerators, heatino olants
Water Utility
Water intakes, treatment facilities, pipelines
Schedule B -Page 5
Town of Terra Nova
Development Regulations 2019-2029
Schedule C - Use Zone Tables
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
ENVIRONMENTAL PROTECTION (EP) ZONE
SCHEDULE C
USE ZONE SCHEDULES
.
.
Schedule C contains tables showing the use classes which may be permitted or which may
be treated as discretionary use classes for the purpose of these Regulations. The tables
also indicate the required standards of development and conditions affecting some or all of
the use classes.
Before issuing an Approval in Principle or a permit for a development, Council shall review
the application to ensure that it is in compliance with Application, Parts I - General
Regulations, II - General Development Standards, Ill - Subdivision of Land; IV - Use
Zones, Schedule A -
Definitions, Schedule B -
Classification of Uses of Land and
Buildings, and Schedule C - Use Zone Schedules.
Schedule C contains tables for the following Use Zones:
ZONE
SYMBOL
Environmental Protection
EP
Residential
R
Seasonal Residential
SR
Mixed Use
MU
Open Space
OS
Municipal Park
MP
Aqriculture
AG
Rural
RU
Future Development Area
FDA
Schedule C - Page I
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
ENVIRONMENTAL PROTECTION (EP) ZONE
ZONE TITLE
ENVIRONMENTAL PROTECTION
"EP"
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Requlation 83)
(See Regulations 30 and 84)
Conservation
Accessory building (See Condition 6 and
Open space
Regulation 36)
Dock (See Condition 2)
Energy generation facility (See Condition 4)
Recreational Open Space (See Condition 7)
Sinale dwelling (See Condition 5)
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of Council provided the development would not be contrary to the purpose and
intent of the Environmental Protection zone.
2.
Recreational Docks
Recreational docks may be permitted on lakes and ponds as a Discretionary Use
only if the dock is a floating structure and is deemed by Council to be
environmentally acceptable and compatible with surrounding development and
public access along the shoreline. No dock will be permitted that requires any type
of pier located in the water.
Approval to install a floating dock will be subject to terms and conditions set by
Council.
3.
Tree Removal and Landscaping
All portions of a lot located within 30 metres of a wetland or the top of the bank of a
watercourse will be subject to the following:
(a)
In any ten (10) year period, tree removal shall be limited to a maximum of
thirty percent (30%) of the number of trees on the portion of the lot within the
EP zone,
(b)
Any excavation or filling-in of land, or other altering of the landscape, will be
limited to a maximum of ten percent (10%) of the portion of the lot located
within the EP zone.
Schedule C - Page 2
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
ENVIRONMENTAL PROTECTION (EP) ZONE
4.
Energy Generation Facilities
An energy generation facility, if permitted by Council, will be subject to Regulation
55 of the General Development Standards.
5.
Single Dwelling
Council will not consider an application to develop a single dwelling as a
discretionary use within the Environmental Protection zone except under the
following conditions:
(a)
The lot on which the proposed dwelling is to be erected was in existence on
the date that these Development Regulations came into effect,
(b)
There is no opportunity on the lot to erect the dwelling outside the
Environmental Protection zone,
(c)
Necessary approvals have been obtained from relevant government
agencies,
(d)
The erection of the dwelling, as well as related clearing of vegetation and
landscaping, meets all terms and conditions set by Council aimed at
mitigating potential environmental impacts, and
(e)
The applicant agrees in writing to absolve Council of liability related/ to
potential flood damage to the approved development.
6.
Accessory Building
Council will not consider an application to develop an accessory building as a
discretionary use within the Environmental Protection zone except under the
following conditions:
(a)
The lot on which the proposed accessory building is to be constructed was in
existence on the date that these Development Regulations came into effect,
(b)
The accessory building will be located only on the same lot as an existing
residential dwelling,
(c)
The erection of the accessory building, as well as related clearing of
vegetation and landscaping, meets all terms and conditions set by Council
aimed at mitigating potential environmental impacts, and
(d)
The applicant agrees in writing to absolve Council of liability related to
potential flood damage to the approved development.
7.
Recreational Open Space
(1)
The only recreational open space use that may be permitted at Council's
discretion is a snowmobile trail.
(2)
A snowmobile trail may be permitted only if:
(a)
Potential environmental effects can be minimized or mitigated to
the satisfaction of Council, and
(b)
The development meets all terms and conditions set by Council.
Schedule C - Page 3
Town of Terra Nova
Development Regulations 2019-2029
7.
Environmental Control
SCHEDULEC
ENVIRONMENTAL PROTECTION (EP) ZONE
(1)
All approved developments and utilities must be designed and constructed in
accordance with high environmental standards as specified in terms and
conditions established by Council.
(2)
Where it deems necessary, Council may require a proposed discretionary
use to undergo an appropriate assessment to ensure that the development
will be undertaken in a way that minimizes potential environmental effects.
Schedule C - Page 4
Town of Terra Nova
Development Regulations 2019-2029
ZONE TITLE
RESIDENTIAL
SCHEDULE C
RESIDENTIAL (R) ZONE
"R"
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Requlation 83)
(See Requlations 30 and 84)
Single dwelling
Boarding house
Subsidiary apartment (See Condition 3)
Bed and breakfast (See Regulation 38)
Accessory building
(See Condition
4
and
Energy generation facility (See Regulation 55)
Regulation 36)
Indoor assembly
Conservation
Kennel (See Condition 8)
Crop agriculture (See Condition 6)
Livestock agriculture (See Condition 7)
Home occupation (See Regulation 37)
Recreational open space
Open space
Tourist cottage establishment (See Condition 9)
DEVELOPMENT STANDARDS
STANDARDS
Single Dwelling
Minimum lot area
2,000 m2
Minimum lot width
30.0 m
Minimum floor area (excl. basement)
84.0 m2
Minimum frontvard setback
6.0 m
Minimum sideyard setback
2.5m
Minimum rearvard setback
6.0 m
Minimum distance between buildinqs
3.0 m
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of Council provided the development would be complementary to the uses within the
Permitted Use Classes, would not inhibit or prejudice the development of permitted
uses, and would not be contrary to the general intent of the Municipal Plan, these
Regulations, or the public interest.
2.
Onsite Water and Sewer Services
An application for a new dwelling or non-residential development requiring water
and sewer will be approved only if it has on the same lot a private well and sewage
treatment system that has received the necessary provincial approvals.
3.
Subsidiary Apartments
(1)
One only subsidiary apartment may be permitted in a single dwelling.
(2)
Approval of a subsidiary apartment in a single dwelling will be subject to the
Schedule C - Page 5
Town of Terra Nova
Development Regulations 2019-2029
following conditions:
SCHEDULEC
RESIDENTIAL (R) ZONE
(a)
The apartment will be completely self-contained, with facilities for
cooking, sleeping, and bathing.
(b)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for
each additional bedroom.
4.
Accessory Buildings on Residential Lots
In addition to the requirements for accessory buildings set out in Regulation 36 of
the General Development Standards, an accessory building on a residential lot will
be subject to the following standards and conditions:
(a)
The use of an accessory building shall be clearly incidental and
complementary to the main dwelling.
(b)
The maximum combined lot coverage of accessory buildings on a lot will
equal no more than 7 percent of the area of the lot.
(c)
The maximum permitted floor area of an accessory building in the Residential
zone will be in accordance with the following table.
Maximum Size of Accessorv Buildings
Lot Size
Maximum Floor
Area
Less than 1500 m2
80 m2
1500-2499 m2
100 m2
2500-3999 m2
125 m2
4000 m2 or larqer
150 m2
(d)
No accessory building will be erected closer to the street than the front
building line unless otherwise authorized by Council in accordance with
Regulation 36.
(e)
An accessory building must be no less than 1.0 metre from any side or rear
lot line.
(f)
Except for minor vehicle maintenance, an accessory building shall not be
used for the repairing, painting, dismantling, or scrapping of vehicles or
machinery.
(g)
An accessory building may be used for a home occupation subject to
Regulation 37 of Part II of these Regulations.
Schedule C - Page 6
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
RESIDENTIAL (R) ZONE
(h)
No self-contained apartment or other type of living unit will be permitted in an
accessory building.
5.
Temporary Occupancy of a Non-Residential Building
At its discretion, Council may approve the erection and temporary occupancy of a
non-residential building on a residential lot during the period that a permanent
dwelling is being constructed, subject to the following:
(a)
It is demonstrated to Council's satisfaction that the building will be occupied
for a defined temporary period only,
(b)
The building will be erected on the surface of the ground only and will not
have any portion of its foundation underground,
(c)
As soon as the permanent dwelling becomes occupied, the building will be
removed from the lot or will be converted to an accessory building, and
(d)
The lot owner will enter into a legal agreement with Council with respect to
the terms of temporary occupancy and the removal or conversion of the
building upon expiration of the approved temporary occupancy.
6.
Crop Agriculture
Crop agriculture in the Residential zone may include only hobby and small-scale
commercial farming.
7.
Livestock Agriculture
(1)
Approval of applications for the keeping of livestock, including horses, will be
at Council's discretion subject to public notice and input from the community,
particularly neighbours.
(2)
A livestock use, if permitted as a Discretionary Use, will be subject to the
following:
(a)
No livestock will be permitted on lots less than 0.4 hectares in size.
(b)
The permitted quantity of livestock on a lot and the minimum setback
of a livestock facility will be in accordance with the following table.
Schedule C - Page 7
Town of Terra Nova
Development Regulations 20 I 9-2029
SCHEDULEC
RESIDENTIAL (R) ZONE
Conditions for Keepina of Livestock in the Residential Zone
Maximum Animal Units (AU)
Minimum Setback
of Livestock
Lot Size
(see AU definition in Schedule
Facilities from All
A)
Lot Lines
0.4 - 1.0 hectare
1 AU of rabbits, ducks, chickens,
18 metres
turkeys, and aeese only
>1.0 - 2.0 ha.
2 AU of all soecies.
30 metres
>2.0 - 3.0 ha.
4 AU of all species
50 metres
>3.0 ha.
6 AU of all soecies
50 metres
(c)
Such other terms and conditions deemed necessary by Council to
minimize potential impacts on neighbouring land uses.
8.
Kennels
A new kennel, if permitted as a Discretionary Use, will be subject to the following:
(a)
It will be permitted only as a home occupation
(b)
It will be permitted only on a lot of 1.0 hectare or more, and
(b)
It will adhere to such other terms and conditions of Council aimed at
restricting the number and breeds of dogs or cats on the premises and
minimizing potential noise, odour, and other impacts on neighbouring land
uses.
9.
Tourist Cottage Establishment
At the discretion of Council, a tourist cottage establishment may be permitted on a
residential property containing a bed and breakfast, subject to the following:
(a)
The maximum floor area of a tourist cottage will not exceed 45 square
metres.
(b)
The development must be complementary to a bed and breakfast operation,
( c)
The lot will not be less than one ( 1) hectare,
(d)
Total lot coverage of all buildings will not exceed 15% of the lot area,
Schedule C - Page 8
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
RESIDENTIAL (R) ZONE
(e)
The tourist cottage site must be adequately buffered from nearby residential
uses, and
(f)
The development must satisfy the requirements of the Department of
Tourism, Culture, Industry and Innovation.
Schedule C - Page 9
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
SEASONAL RESIDENTIAL (SR) ZONE
ZONE TITLE
SEASONAL RESIDENTIAL
"SR" ZONE
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Reaulation 83)
(See Reaulations 30 and 84)
Recreational dwelling (See Conditions 2 & 3)
Energy generation facility (See Regulation 55)
Accessory building (See Condition
4 and Home occupation (See Regulation 37)
Regulation 36)
Kennel (See Condition 7)
Conservation
Livestock agriculture (See Condition 6)
Crop agriculture (See Condition 5)
·.
Ooen space
DEVELOPMENT STANDARDS
STANDARDS
Sim~le Dwellina
Minimum lot area
4,000 m2
Minimum lot width
40.0 m
Minimum floor area ( excl. basement)
60.0 m2
Minimum frontvard setback
6.0 m
Minimum sidevard setback
2.5m
Minimum rearvard setback
6.0m
Minimum distance between buildinas
3.0m
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of Council provided the development would be complementary to the uses within the
Permitted Use Classes, would not inhibit or prejudice the development of permitted
uses, and would not be contrary to the general intent of the Municipal Plan, these
Regulations or the public interest.
2.
Municipal Services
Council will not provide municipal services such as garbage collection, snow
clearing, road maintenance, or street lighting to locations within the Seasonal
Residential zone. The issuing of a building permit for a new dwelling or other
development in the zone does not commit Council to delivering future services to
that development.
3.
Onsite Water and Sewer Services
An application for a new dwelling or other development requiring water and sewer
will be approved only if it has on the same lot a private well and sewage treatment
system that has received the necessary provincial approvals.
Schedule C - Page 10
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
SEASONAL RESIDENTIAL (SR) ZONE
4.
Accessory Buildings on Residential Lots
In addition to the requirements for accessory buildings set out in Regulation 36 of the
General Development Standards, an accessory building on a residential lot will be
subject to the following standards and conditions:
(a)
The use of an accessory building shall be clearly incidental and
complementary to the main dwelling.
(b)
The maximum combined lot coverage of accessory buildings on a lot will
equal no more than 7 percent of the area of the lot.
(c)
The maximum permitted floor area of an accessory building in the Seasonal
Residential zone will be in accordance with the following table.
Maximum Size of Accessory Buildings
Lot Size
Maximum Floor
Area
Less than 1500 m2
80 m2
1500-2499 m2
100 m2
2500-3999 m2
125 m2
4000 m2 or larqer
150 m2
(d)
An accessory building must be no less than 1.0 metre from any side or rear
lot line.
(e)
Except for minor maintenance, an accessory building shall not be used for
the major repairs, painting, dismantling, or scrapping of vehicles or
machinery.
(f)
An accessory building may be used for a home occupation subject to
Regulation 37 of Part II of these Regulations.
(g)
No self-contained apartment or other type of living unit will be permitted in an
accessory building.
5.
Crop Agriculture
Crop agriculture in the Residential zone may include hobby and small-scale
commercial farming.
6.
Livestock Agriculture
(1)
Approval a livestock agriculture use will be at Council's discretion subject to
public notice and input from the community, particularly neighbours.
Schedule C - Page 11
. - J
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
SEASONAL RESIDENTIAL (SR) ZONE
(2)
A livestock use, if permitted as a Discretionary Use, will be subject to the
following:
(a)
No livestock will be permitted on lots less than 0.4 hectares in size.
(b)
The permitted quantity of livestock on a lot and the minimum setback
of a livestock facility on a lot will be in accordance with the following
table.
Conditions for Keepina of Livestock in the Seasonal Residential Zone
Maximum Animal Units (AU)
Minimum Setback of
Lot Size
(see AU definition in
Livestock Facilities
Schedule A)
from All Lot Lines
1 AU of rabbits, ducks,
0.4 - 1.0 hectare
chickens, turkeys, and
18 metres
qeese onlv
>1.0 - 2.0 hectares
2 AU of all species.
30 metres
>2.0 - 3.0 hectares
4 AU of all species
50 metres
>3.0 hectares
6 AU of all species
50 metres
(c)
Such other terms and conditions deemed necessary by Council to
minimize potential impacts on neighbouring land uses.
7.
Kennels
A new kennel, if permitted as a Discretionary Use, will be subject to the following:
(c)
It will be permitted only as a home occupation
(b)
It will be permitted only on a lot of 1.0 hectare or more, and
(d)
It will adhere to such other terms and conditions of Council aimed at
restricting the number and breed of dogs or cats on the premises and
minimizing potential noise, odour, and other impacts on neighbouring land
uses.
8.
Exemption from Street Frontage Requirement
Lots in this zone are exempted from Regulation 47 of Part II of these Regulations,
which prohibits the construction of buildings on lots without frontage onto a public
street.
Schedule C - Page 12
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
MIXED USE (MU) ZONE
ZONE TITLE
MIXED USE
"MU"
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
(See Regulation 83)
(See Regulations 30 and 84)
" ,,,-Single dwelling
~ ampground
,/Subsidiary apartment (See Condition 4)
,eatering
,,,,Accessory building (See Condition 5 and t.Bommercial accommodation
Regulation 36)
--Orinking establishment (See Condition 8)
--Bed and breakfast (See Regulation 38)
,,..Emergency service
\A3oarding house
/ ·Energy generation facility (See Regulation 55)
" ,,eonservation
,--Entertainment
\ ,,Crop agriculture (See Condition 9)
.~eneral assembly
, -'Home occupation (See Regulation 37)
.. J-6eneral service
,~ffice
A11door assembly
, ,,()pen space
--Indoor market
,,,,Kennel (See Condition 11)
_,,--t:ight industry
,,tivestock agriculture (See Condition 10)
/ _.,-Outdoor assembly (See Condition 8)
, -Outdoor market
-... .Personal service
/ --f>face of worship
✓Recreational open space
✓ efervice station (See Condition 14)
,..,,Shop
Xake-out food service (See Condition 8)
"Tourist cottage establishment
I-Veterinary
DEVELOPMENT STANDARDS
STANDARDS
Single Dwelling
Minimum lot area
2000 m2
Minimum lot width
30.0 m
Minimum floor area (excl. basement)
84.0 m2
Minimum frontyard setback
6.0m
Minimum sidevard setback
2.5m
Minimum rearvard setback
6.0 m
Minimum distance between buildings
3.0m
Schedule C - Page 13
Town of Terra Nova
Development Regulations 2019-2029
1.
Discretionary Use Classes
CONDITIONS
SCHEDULEC
MIXED USE (MU) ZONE
The discretionary use classes listed in this table may be permitted at the discretion
of Council provided the development would be complementary to the uses within the
Permitted Use Classes, would not inhibit or prejudice the development of such
permitted uses, and would not be contrary to the general intent of the Municipal Plan
and these Regulations or the public interest.
2.
Onsite Water and Sewer Services
An application for a new dwelling or non-residential development requiring water
and sewer will be approved only if it has on the same lot a private well and sewage
treatment system that has received the necessary provincial approvals.
3.
Non-Residential Development
A non-residential use that is not located in a dwelling and not on a residential lot will
be subject to the following:
(a)
It must meet the minimum development standards established for a single
dwelling or such higher standards as Council may require,
(b)
It must be located and designed to minimize the impact of traffic,
appearance, noise, odour, lighting, and signage on surrounding residential
uses.
(c)
It must be designed and maintained to a high standard with regard to safety,
appearance, and compatibility with surrounding land uses.
(d)
It must provide for adequate off-street parking in accordance with "Schedule
D", or such other parking requirements that Council may permit that will not
result in traffic or parking problems.
(e)
Outdoor storage associated with the use will not be permitted in the front
yard unless otherwise authorized by Council. Storage may be permitted in
side and rear yards subject to terms and conditions aimed at reducing
potential impacts on neighbouring properties.
(f)
At the discretion of Council, spatial buffers and/or screening ( e.g. fencing,
vegetation) may be required between the development and abutting
residential uses.
Schedule C - Page 14
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
MIXED USE (MU) ZONE
(g)
It will be separated from the adjoining street by a curb or other suitable
barrier against unguided motor vehicle access. Unless the barrier takes the
form of a curb in the street reservation, it will be located on the private lot.
(h)
It will be subject to such other conditions that are deemed by Council to be
appropriate to the use, to the site, and to the amenity of adjacent and nearby
land uses, and
(a)
No change in the type or scale of the use will be permitted except in
accordance with a development permit and conditions set by Council.
4.
Subsidiary Apartments
(1)
One subsidiary apartment may be permitted in a single dwelling, a
commercial building, or a public building.
(2)
Approval of a subsidiary apartment will be subject to the following conditions:
(a)
Provision shall be made for at least one additional off-street parking
space.
(b)
The apartment will be completely self-contained, with facilities for
cooking, sleeping, and bathing.
(c)
A minimum floor area of forty (40) square metres is required for a one-
bedroom apartment, plus an additional ten (10) square metres for
each additional bedroom.
5.
Accessory Buildings on Residential Lots
In addition to the requirements for accessory buildings set out in Regulation 36 of
the General Development Standards, an accessory building on a residential lot will
be subject to the following standards and conditions:
(a)
The use of an accessory building shall be clearly incidental and
complementary to the main dwelling.
(b)
The maximum combined lot coverage of accessory buildings on a lot will
equal no more than 7 percent of the area of the lot.
( c)
The maximum permitted floor area of an accessory building in the Residential
zone will be in accordance with the following table.
Schedule C - Page 15
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
MIXED USE (MU) ZONE
Maximum Size of Accessorv Buildinas
Lot Size
Maximum Floor
Area
Less than 1500 m2
80 m2
1500-2499 m2
100 m2
2500-3999 m2
125 m2
4000 m2 or larqer
150 m2
(d)
No accessory building will be erected closer to the street than front building
line unless authorized by Council in accordance with Regulation 36.
(e)
An accessory building must be no less than 1.0 metre from any side or rear
lot line.
(f)
Except for minor vehicle maintenance, an accessory building shall not be
used for the repairing, painting, dismantling, or scrapping of vehicles or
machinery.
(g)
An accessory building may be used for a home occupation subject to
Regulation 37 of Part II of these Regulations.
(h)
No self-contained apartment or other type of living unit will be permitted in an
accessory building.
6.
Open Storage
Council will not permit outdoor storage of goods or materials on sites abutting or on
the opposite side of a road from a residential property. Where permitted, outdoor
storage shall meet the following requirements:
(a)
Open storage on will not occupy more than 25 percent of the lot and will not
be located in the front yard or in any required buffer area.
(b)
Open storage areas shall be enclosed by a wall or fence not less than 2
metres in height constructed of uniform materials approved by Council.
(c)
Open storage areas shall be maintained with a stable surface to prevent the
raising or movement of dust, clay, mud, and loose particles.
7.
Non-Residential Property Maintenance Standards
Any use other than a private dwelling occupying a site in the Mixed Development
zone will be subject to the following conditions:
Schedule C - Page 16
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
MIXED USE (MU) ZONE
(a)
Trash and garbage receptacles that contain garbage awaiting collection shall
be located within a screened enclosure of a design satisfactory to Council.
(b)
Exterior lighting for use on the site shall be erected and maintained so the
light is confined to the property and will not cause direct light or glare upon
the adjacent properties or roads. The light source shall not be higher than 6
metres.
(c)
Lots will be landscaped or provided with a stable surface to prevent the
raising or movement of dust, clay, mud, and loose particles.
8.
Take-Out Restaurants, Outdoor Assembly, and Drinking Establishments
Take-out restaurants, outdoor assembly uses, and drinking establishments will be
considered for approval only if the proposed site does not abut private residential
properties.
9.
Crop Agriculture
Crop agriculture in the Residential zone .may include hobby and small-scale
commercial farming.
10.
Livestock Agriculture
(1)
Approval of applications for the keeping of livestock, including horses, will be
at Council's discretion subject to public notice and input from the community,
particularly neighbours.
(2)
A livestock use, if permitted, will be subject to the following:
(a)
No livestock will be permitted on lots less than 0.4 hectares in size.
(b)
The permitted quantity of livestock on a lot and the minimum setback
of a livestock facility on a lot will be in accordance with the following
table.
Conditions for Keeping of Livestock in the Mixed Use Zone
Maximum Animal Units (AU)
Minimum Setback of
Lot Size
(see AU definition in
Livestock Facilities
Schedule A)
from All Lot Lines
1 AU of rabbits, ducks,
0.4 - 1.0 hectare
chickens, turkeys, and
18 metres
aeese onlv
>1.0 - 2.0 hectares
2 AU of all soecies.
30 metres
>2.0 - 3.0 hectares
4 AU of all species
50 metres
>3.0 hectares
6 AU of all species
50 metres
Schedule C - Page 17
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
MIXED USE (MU) ZONE
(c)
Such other terms and conditions deemed necessary by Council to
minimize potential impacts on neighbouring land uses.
11.
Kennels
The establishment of a new kennel, if permitted as a Discretionary Use, will be
subject to the following:
(a)
It will be permitted only on a lot of 1.0 hectares or more, and
(b)
It will adhere to such other terms and conditions of Council aimed at
restricting the number and breed of dogs or cats on the premises and
minimizing potential noise, odour, and other impacts on neighbouring uses.
12.
Hazardous and Noxious Uses
At its discretion, Council may restrict the development or location of any use or
activity that might release or emit a hazardous or noxious substance that would
affect neighbouring properties.
13.
Energy Generation Facilities
An energy generation facility, if permitted by Council, will be subject to Regulation
55 of the General Development Standards.
14.
Service Stations
A service station or other petroleum dispensing facility, if permitted by Council, will
be subject to Regulation 56 of the General Development Standards.
15.
Construction Yards Prohibited
Construction yards, including the parking and storage of construction equipment and
materials, will not be permitted in the Mixed Use zone.
Schedule C - Page 18
Town o/ Terra Nova
Development Regulations 2019-2029
SCHEDULEC
OPEN SPACE (OS) ZONE
ZONE TITLE
OPEN SPACE
"OS"
PERMITTED USE CLASSES
See Re ulation 83
_ ,,,Conservation
pen space (See Conditions 4 & 5)
1.
Discretionary Use Classes
DISCRETIONARY USE CLASSES
See Re ulations 30 and 84
--emetery (See Condition 3)
~p agriculture (See Condition 7)
ergy generation facility (See Regulation 55)
ineral exploration (See Condition 8 and
Regulation 48)
,,. ---01..Jtdoor assembly
Recreational o en s ace See Condition 6
CONDITIONS
The discretionary use classes listed in this table may be permitted at the discretion
of Council provided the development would be complementary to the uses within the
Permitted Use Classes, would not inhibit or prejudice the development of such
permitted uses, and would not be contrary to the general intent of the Municipal Plan
and these Regulations.
2.
Development Criteria
A proposed development must meet all standards and conditions stipulated by
Council.
3.
Cemetery
The development and expansion of cemeteries will be subject to a site design plan
illustrating the location of the cemetery, access points, landscaping, and buffers with
adjacent properties will be required prior to issuing a development permit.
4.
Trails, Boardwalks, and Park Facilities
Boardwalks, trails, view structures and interpretive signage shall be planned,
constructed, and maintained to a high standard to Council's satisfaction, and
developed and maintained to ensure a high level of environmental protection.
5.
Newfoundland T'Railway
Development and use of land within the Newfoundland T'Railway corridor will be in
accordance with Provincial laws and regulations, including the Provincial Parks Act
and the Provincial Parks Regulations.
Schedule C - Page 19
Town of Terra Nova
Development Regulations 2019-2029
6.
Recreational Open Space
SCHEDULEC
OPEN SPACE (OS) ZONE
A recreational open space use, if permitted by Council, will be limited to an outdoor
recreation or sports facility and will not include any type of indoor facility.
7.
Crop Agriculture
A crop agriculture use, if permitted by Council, may include community gardens or
individual hobby farms, but will not include commercial farming.
8.
Mineral Exploration
A mineral exploration use, if permitted at the discretion of Council, will be subject to
the applicable conditions of this zone as well as Regulation 48 of the General
Development Standards.
Schedule C - Page 20
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
MUNICIPAL PARK (MP) ZONE
ZONE TITLE:
MUNICIPAL PARK
"MP"
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
See Re ulation 83
See Re ulation 33 and 84
/ C'onservation
Catering (See Condition 4)
pen space (See Condition 3)
utdoor assembly
1.
Discretionary Use Classes
-ecreational open space (See Condition 3)
ke-out food services See Condition 4
CONDITIONS
The discretionary use classes listed in this table may be permitted at the discretion
of Council provided the development would be complementary to the uses within the
Permitted Use Classes, would not inhibit or prejudice the development of such
permitted uses, and would not be contrary to the general intent of the Municipal Plan
and these Regulations.
2.
Development Criteria
A proposed development must meet all standards and conditions stipulated by
Council.
3.
Trails, Boardwalks, Park Facilities, and Recreational Open Space Uses
(1)
Boardwalks, trails, view structures, interpretive signage, and recreational
open space uses shall be planned, constructed, and maintained to a high
standard to Council's satisfaction, and developed and maintained to ensure a
high level of environmental protection.
(2)
Trails will be limited to non-motorized uses only, for example, hiking and
bicycling.
4.
Catering and Take-out Food Services
If permitted at Council's discretion, catering and take-out food services will only be
allowed on a temporary basis if subsidiary or complementary to a main use such as
open space, recreational open space, and outdoor assembly.
Schedule C - Page 21
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
AGRICULTURE (AG) ZONE
ZONE TITLE:
AGRICULTURE
"AG"
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
See Re ulation 83
See Re ulation 33 and 84
&-Gonservation
....Single dwelling (see Condition 2 & 5)
rop agriculture
....::i:emporary dwelling (see Condition 2 & 5)
- trvestock agriculture (See Condition 4) ,Znop (see Condition 2)
1.
Discretionary Use Classes
Xnergy generation facility (see Regulation
55)
.,,, General industry (see Condition 2)
, ~ennel (see Condition 6)
,,
ight industry (see Condition 2)
ineral exploration (See Condition 7 and
.( Regulation 48)
A:reterina
..far jJ[)... od-o,;, Q_
CONDITIONS
The discretionary use classes listed in this table may be permitted at the discretion
of Council provided the development would be complementary to the uses within the
Permitted Use Classes, would not inhibit or prejudice the development of such
permitted uses, and would not be contrary to the general intent of the Municipal Plan
and these Regulations.
2.
Uses Permitted Only as Accessory Uses
In the Agriculture zone, a single dwelling, subsidiary apartment, temporary dwelling,
retail use, light industry, or general industry may be permitted only as an accessory
and complementary use to an existing agricultural use.
3.
Development Criteria
A development will be subject to the following criteria:
(a)
It must meet the development standards and conditions deemed necessary
by Council.
(b)
Permission to develop will be in accordance with a development permit
issued by Council, and
(c)
No change in the type or scale of the use will be permitted except in
accordance with a development permit.
Schedule C - Page 22
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
AGRICULTURE (AG) ZONE
4.
Minimum Distance Separations for Livestock Facilities
(1)
New development and expansions of livestock facilities located near
residential and other non-agricultural uses will be subject to the minimum
separation distance requirements specified in Regulation 44 of the
Development Regulations.
(2)
New development and expansions of residential and other non-agricultural
uses located near livestock facilities will be subject to the minimum
separation distance requirements specified in Regulation 44 of the
Development Regulations.
5.
Accessory Residential Uses
5.1
Single Dwellings
At Council's discretion, a single dwelling may be permitted that is accessory to a
commercial agricultural operation, subject to the following:
(a)
The main use is a bona fide commercial agriculture operation from which the
owner derives a major portion of his or her income, and
(b)
That full-time habitation on the site is necessary for the feasible operation of
the agricultural use.
5.2
Temporary Dwellings
At Council's discretion, a temporary dwelling may be permitted that is accessory to a
commercial agricultural operation, subject to the following:
(a)
It is demonstrated to Council's satisfaction that temporary habitation on the
site is necessary for the viable operation of the main use.
(b)
It will not be the full-time residence of any person,
(c)
It will not be used for any purpose other than as an accessory dwelling to the
agricultural use,
(d)
It will be erected and located in such a manner that, in the opinion of Council,
it can be easily dismantled or removed upon termination of the operation, and
(e)
It will be removed from the site as soon as the permitted use ceases to
operate.
Schedule C - Page 23
Town of Terra Nova
Development Regulations 2019-2029
6.
Kennel
SCHEDULEC
AGRICULTURE (AG) ZONE
. The establishment of a new kennel, if permitted as a Discretionary Use, will be
subject to the following:
(a)
It will be permitted only on a lot of 4,000 square metres or more, and
(b)
It will adhere to such other terms and conditions of Council aimed at
restricting the number and breed of dogs or cats on the premises and
minimizing potential noise, odour, and other impacts on neighbouring land
uses.
7.
Mineral Exploration
A mineral exploration use, if permitted at the discretion of Council, will be subject to
the applicable conditions of this zone as well as Regulation 48 of the General
Development Standards.
8.
Exemption from Street Frontage Requirement
At Council's discretion, a lot in this zone may be exempted from Regulation 47 of
Part II of these Regulations, which prohibits the construction of buildings on lots
without frontage on a public street.
Schedule C - Page 24
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
RURAL (RUR) ZONE
ZONE TITLE
RURAL
"RUR"
PERMITTED USE CLASSES
See Re ulation 83
DISCRETIONARY USE CLASSES
See Re ulations 30 and 84
.,, onservation
emetery
aop agriculture
onstruction yard (See Regulation 40)
:::-orestry
nergy generation facility (See Regulation 55)
ivestock agriculture (see Condition 4)
neral industry (See Conditions 2 & 6 and
.,,0pen space
Regulation 40)
_✓Mineral exploration (See Condition 9 .,,K'ennel (See Condition 9)
and Regulation 48)
.,,..,ldght industry (See Conditions 2 & 6 and
Regulation 40)
~--Mineral working (See Condition 3)
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion
of Council provided the development would be complementary to the uses within the
Permitted Use Classes, would not inhibit or prejudice the development of such
permitted uses, and would not be contrary to the general intent of the Municipal Plan
and these Regulations.
2.
Uses Permitted Only as Accessory Uses
In the Rural zone, single dwellings, temporary dwellings, light industries, and
general industries may be developed only as accessory uses to a main use or
building permitted in the zone.
3.
Mineral Working Uses
3.1
Mineral Working Sites
A mineral working use will be subject to the following:
(a)
No new mineral working operation will be developed without a development
permit issued by Council. The development, operation, termination, and
Schedule C - Page 25
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
RURAL (RUR) ZONE
rehabilitation of the mineral working site will be carried out only in accordance
with terms and conditions specified in the development permit. The
development permit will be revoked if the operator does not comply with the
terms and conditions of the development permit.
(b)
An application to Council for the development of a gravel pit or rock quarry
will include a site development plan with the following information:
(i)
the site's biophysical features
(ii)
a delineation of the proposed extraction area
(iii)
the type and location of aggregate processing equipment
(iv)
a site rehabilitation plan (see Paragraph 3.4)
(c)
No extraction of any sort will take place closer than:
(i)
50 metres from a watercourse or wetland,
(ii)
50 metres from a public street or highway,
(iii)
200 metres of a residential, commercial, or public building,
(d)
No quarrying of hard rock will take place within 800 metres of a residential,
commercial, or public building.
(e)
All topsoil and organic material, including the rusty coloured and iron stained
layer, will be securely stockpiled for future rehabilitation of the site. The
operator will ensure that the topsoil is not mixed with aggregate materials.
(f)
An undisturbed buffer strip will be maintained at least 30 metres wide
between the final perimeter of a pit or quarry and the boundary of the lot on
which it is located. Council may permit this buffer width to be reduced by up
to 50% with the written consent of the adjacent property owner,
(g)
Where a proposed mineral working site is located in the vicinity of a public
street or highway, or an existing or proposed residential, commercial, or
recreational area, Council may require the owner to provide for natural or
artificial screening to obstruct visibility of the site.
(h)
Council may require the mineral working site or excavated area to be fully or
partially enclosed by a fence designed and constructed to Council's
specifications.
(i)
No mineral working shall create excessive drainage or erosion onto adjacent
Schedule C - Page 26
Town of Terra Nova
Development Regulations 2019-2029
properties or into nearby watercourses.
SCHEDULEC
RURAL (R UR) ZONE
U)
No mineral working shall cause the accumulation or ponding of water in any
part of the site. Settling ponds will be permitted only with approval from the
Department of Municipal Affairs and Environment.
(k)
The mineral working site shall be kept clean of refuse, construction waste,
abandoned vehicles, abandoned equipment and derelict buildings.
(I)
During seasonal or other extended periods of shutdown, the slope of any
sand or gravel embankment shall not have a gradient steeper than 60% for
the full depth thereof, and
(o)
Other such conditions that Council deems as necessary.
3.2
Permit Fee
The development permit fee for a mineral working will be determined by Council in
an amount sufficient to cover costs associated with:
(a)
A review of the development plan by a professional planner or engineer,
(b)
Regular inspections of the site to determine conformity with the permit, and
(c)
Inspections to determine acceptable site rehabilitation in accordance with a
rehabilitation plan
3.3
Mineral Working Processing Plant
(1)
Council may permit a mineral working processing plant (e.g. washing and
screening plant, crusher) provided that the use will not significantly affect
surrounding land uses by reason of noise, vibration, fumes, dust, odour,
water drainage, unsightly storage of materials, or general appearance.
(2)
Council may specify a minimum separation distance between a processing
plant and an existing residential, commercial, public, or recreational area.
3.4
Site Rehabilitation
(1)
A development application for a new mineral working site will not be
approved unless it includes a plan for site rehabilitation acceptable to
Council.
Schedule C - Page 27
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE C
RURAL (RUR) ZONE
(2)
Council may require the extraction site to be rehabilitated at progressive
stages of excavation or after the mineral working operation has terminated.
(3)
Upon full 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 a slope of less than 60
percent,
(c)
The entire excavated area will be rehabilitated in accordance with the
rehabilitation plan, and
(d)
If required, the closure or decommissioning of the access road.
4.
Minimum Distance Separations for Livestock Facilities
(1)
New development and expansions of livestock facilities located near
residential and other non-agricultural uses will be subject to the minimum
separation distance requirements specified in Regulation 44 of the
Development Regulations.
(2)
New development and expansions of residential and other non-agricultural
uses located near livestock facilities will be subject to the minimum
separation distance requirements specified in Regulation 44 of the
Development Regulations.
5.
Residential Uses
5.1
Accessory Single Dwellings
At Council's discretion, a single dwelling may be permitted that is accessory to a
commercial agricultural operation subject to the following:
(a)
It is demonstrated to Council's satisfaction that the agriculture use is a bona
fide commercial operation from which the owner derives a major portion of his
or her income, and
(b)
It is demonstrated to Council's satisfaction that full-time habitation on the site
is necessary for the feasible operation of the agriculture use.
Schedule C - Page 28
Town of Terra Nova
Development Regulations 2019-2029
5.2
Accessory Temporary Dwellings
SCHEDULEC
RURAL (RUR) ZONE
At Council's discretion, a temporary dwelling may be permitted that is accessory to a
main use subject to the following:
(a)
It is demonstrated to Council's satisfaction that temporary habitation on the
site is necessary for the viable operation of the main use.
(b)
It will not be the full-time residence of any person,
(c)
It will not be used for any purpose other than as an accessory dwelling to the
main use,
(d)
It will be erected only on the ground surface and will not have any portion of
its foundation underground,
( e)
It will be erected and located in such a manner that in the opinion of Council,
it can be easily dismantled or removed upon termination of the operation, and
(f)
It will be removed from the site as soon as the permitted use ceases to
operate.
5.3
Non-Accessory Single Dwellings
Council will not consider an application to develop a non-accessory ( or stand-alone)
single dwelling on an existing lot within the Rural zone except under the following
circumstances:
(a)
The lot on which the proposed dwelling is to be erected was in existence on
the date that these Development Regulations came into effect,
(b)
There is no opportunity on the lot to erect the dwelling outside the Rural
zone,
(c)
Necessary approvals are obtained from relevant government agencies, and
(d)
The erection of the dwelling meets all terms and conditions set by Council.
6.
General and Light Industry
Industrial uses will be restricted to general and light industrial uses that are directly
related to forestry, agriculture, mining, or mineral working, or that meet the following
criteria:
(a)
The use is unsuitable for a built-up area by reason of appearance, noise,
Schedule C - Page 29
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
RURAL (RUR) ZONE
vibration, smell, fumes, smoke, grit, soot, ash, dust, or glare.
(b)
The use requires large outdoor areas for open storage and handling of
materials, goods, and equipment.
(c)
The use can be screened from public streets and built-up areas of the town.
(d)
The use will have no deleterious effects on the environment.
7.
Hazardous and Noxious Uses
Council may restrict the development or location of any use or activity that might
release or emit a hazardous or noxious substance that would affect neighbouring
properties.
8.
Kennel
The establishment of a new kennel, if permitted, will be subject to the following:
(a)
It will be permitted only on a lot of 4,000 square metres or more, and
(b)
It will adhere to such other terms and conditions of Council aimed at
restricting the number and breed of dogs or cats on the premises and
minimizing potential noise, odour, and other impacts on neighbouring land
uses.
9.
Mineral Exploration
A mineral exploration use will be subject to the applicable conditions of this zone as
well as Regulation 48 of the General Development Standards.
10.
Exemption from Street Frontage Requirement
At Council's discretion, a lot in this zone may be exempted from Regulation 47 of
Part II of these Regulations, which prohibits the construction of buildings on lots
without frontage on a public street.
Schedule C - Page 30
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
FUTURE DEVELOPMENT AREA (FDA) ZONE
ZONE TITLE
FUTURE DEVELOPMENT AREA
"FDA"
PERMITTED USE CLASSES
DISCRETIONARY USE CLASSES
See Re ulation 83
_,,
onservation
/ pen space
1.
Discretionary Use Classes
See Re ulations 30 and 8
£ fop agriculture (See Condition 3)
,---P6restry
_ _,,Mineral exploration (See Condition 5 and
Regulation 48)
--Recreational 0
CONDITIONS
The discretionary use classes listed in this table may be permitted at the discretion
of Council provided the development would be complementary to the uses within the
Permitted Use Classes, would not inhibit or prejudice the development of such
permitted uses, and would not be contrary to the general intent of the Municipal Plan
and these Regulations.
2.
Built-Up Development Not Permitted
No buildings, structures, roads, or significant clearing or excavation of land for the
purposes of development will be permitted in FDA zone. Any application for
residential or other built-up development in the FDA zone will first require a
redesignation amendment to the Municipal Plan and a rezoning amendment to
these Development Regulations.
3.
Crop Agriculture
A crop agriculture use, if permitted at Council's discretion, may include community
gardens or individual hobby farms, but will not include any permanent buildings or
structures or any type of commercial farming.
4.
Recreational Open Space
(1)
The only recreational open space use that may be permitted at Council's
discretion is a snowmobile trail.
(2)
A snowmobile trail may be permitted only if:
(a)
It is located and constructed in a way that will not impede or be an
obstruction to envisioned future residential development in the area,
Schedule C - Page 31
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULEC
FUTURE DEVELOPMENT AREA (FDA) ZONE
(c)
Potential environmental effects will be minimized or mitigated to the
satisfaction of Council, and
(c)
The development meets all other terms and conditions set by Council.
5.
Mineral Exploration
A mineral exploration use, if permitted at Council's discretion, will be subject to the
Regulation 48 of the General Development Standards as well as any other
conditions that Council deems necessary.
Schedule C - Page 32
Town of Terra Nova
Development Regulations 2019-2029
Schedule D - Provincial Development
Regulations
SCHEDULED - PROVINCIAL DEVELOPMENT REGULATIONS
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 2000
(Filed January 2, 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. John's, January 2, 2001 .
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
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
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
Town of Terra Nova
Development Regulations 2019-2029
Short title
SCHEDULE D
PROVINCIAL DEVELOPMENT REGULATIONS
1.
These regulations may be cited as the Development Regulations.
Definitions
2.
In these regulations,
(a)
"Act", unless the context indicates otherwise, means the Urban and Rural
Planning Act, 2000 ;
(b)
"applicant" means a person who has applied to an authority for an
approval or
permit to carry out a development;
(c)"
authority" means a council, authorized administrator or regional authority;
and
(d)
"development regulations" means these regulations and regulations and
by-laws
respecting development that have been enacted by the relevant authority.
Application
3.
(1) These regulations shall be included in the development regulations of
an authority and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and development
regulations or other regulations of an authority, these regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the board,
these regulations shall apply to that appeal.
Schedule D - Page 1
Town of Terra Nova
SCHEDULE D
PROVINCIAL DEVELOPMENT REGULATIONS
Development Regulations 2019-2029
Interpretation
4.
(1) In development regulations and other regulations made with respect to
a planning area the following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles,
pedestrians or
animals in order to go from a street to adjacent or nearby land or to go from that land to
the
street;
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, located on the
same lot as the main building to which it is an accessory and which has a use that is
customarily incidental or
complementary to the main use of the building or land,
(ii)
for residential uses, domestic garages, carports, ramps, sheds, swimming
pools, greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for
domestic pets or
radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
(c)
"accessory use" means a use that is subsidiary to a permitted or
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
Schedule D - Page 2
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULED
PROVINCIAL DEVELOPMENT REGULATIONS
(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
(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 horizontal distance between side lot lines measured
at the building line;
U)
"lot" means a plot, tract or parcel of land which can be considered as a
unit of land for a 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;
Schedule D - Page 3
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULED
PROVINCIAL DEVELOPMENT REGULATIONS
(n)
"owner" means a person or an organization of persons owning or having
the legal right to use the land under consideration;
(o)
"permitted use" means a use that is listed within the permitted use classes
set out in the use zone tables of an authority's development regulations;
(p)
"prohibited use" means a use that is not listed in a use zone within the
permitted use classes or discretionary use classes or a use that an authority specifies
as not permitted within a use zone;
(q)
"sign" means a word, letter, model, placard, board, device or
representation, whether illuminated or not, in the nature of or employed wholly or in 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;
(r)
"rear yard depth" means the distance between the rear lot line and the
rear wall of the main building on a lot;
(s)
"side yard depth" means the distance between the side lot line and the
nearest side
wall of a building on the lot;
(t)
"street" means a street, road, highway or other way designed for the
passage of vehicles and pedestrians and which is accessible by fire department and
other emergency vehicles;
(u)
"street line" means the edge of a street reservation as defined by the
authority
having jurisdiction;
(v)
"use" means a building or activity situated on a lot or a development
permitted on a lot;
(w)
"use zone" or "zone" means an area of land including buildings and water
designated on the zoning map to which the uses, standards and conditions of a
particular use zone table apply;
Schedule D - Page 4
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULED
PROVINCIAL DEVELOPMENT REGULATIONS
(x)
"variance" means a departure, to a maximum of 10% from the yard, area,
lot coverage, setback, size, height, frontage or any other numeric requirement of the
applicable Use
Zone Table of the authority's regulations; and
(y)
"zoning map" means the map or maps attached to and forming a part of
the authority's regulations.
(2)
An authority may, in its discretion, determine the uses that may or may not
be developed in a use zone and those uses shall be listed in the authority's regulations
as discretionary, permitted or prohibited uses for that area.
Notice of right to appeal
5.
Where an authority makes a decision that may be appealed under section
42 of the
Act, that authority shall, in writing, at the time of making that decision, notify the person
to
whom the decision applies of the
(a)
person's right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
Appeal requirements
6.
(1) The secretary of the board at the Department of Municipal Affairs and
Environment, Main Floor, Confederation Building (West Block), P.O. Box 8700, St.
John's, Nfld., A 1 B 4J6 is the secretary to all boards in the province and an appeal filed
with that secretary within the time period referred to in subsection 42(4) of the Act shall
be considered to have been filed with the appropriate board.
Schedule D - Page 5
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULE D
PROVINCIAL DEVELOPMENT REGULATIONS
(2)
Notwithstanding subsection (1 ), where the City of Corner Brook , City of
Mount Pearl or City of St. John's appoints an appeal board under subsection 40(2) of
the Act, an appeal shall be filed with the secretary of that appointed board.
(3)
The fee required under section 44 of the Act shall be paid to the board that
hears the decision being appealed by filing it with the secretary referred to in subsection
(1) or (2) within the 14 days referred to in subsection 42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to
subsection 44(3)
of the Act, retain the fee paid to the board.
(5)
Where an appeal of a decision and the required fee is not received by a
board in accordance with this section and Part VI of the Act, the right to appeal that
decision shall be considered to have been forfeited.
Appeal registration
7.
(1) Upon receipt of an appeal and fee as required under the Act and these
regulations, the secretary of the board as referred to in subsections 6(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall
notify the appropriate authority of the appeal and shall provide to the authority a copy of
the appeal and the
documentation related to the appeal.
(3)
Where an authority has been notified of an appeal that authority shall
forward to the appropriate board a copy of the application being appealed, all
correspondence, council minutes, plans and other relevant information relating to the
appeal including the names and addresses of the applicant and other interested
persons of whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the
board shall publish in a newspaper circulated in the area of the appropriate authority, a
notice that the appeal has been registered.
Schedule D - Page 6
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULED
PROVINCIAL DEVELOPMENT REGULATIONS
(5)
A notice published under subsection (4) shall be published not fewer than
2 weeks before the date upon which the appeal is to be heard by the board.
Development prohibited
8.
(1) Immediately upon notice of the registration of an appeal the
appropriate authority shall ensure that any development upon the property that is the
subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to an authority acting under
subsection (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.
Hearing notice and meetings
9.
(1) A board shall notify the appellant, applicant, authority and other
persons affected by the subject of an appeal of the date, time and place for the appeal
not fewer than 7 days before the date scheduled for the hearing of the appeal.
(2)
A board may meet as often as is necessary to conduct its work in an
expeditious manner.
Hearing of evidence
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.
Schedule D - Page 7
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULED
PROVINCIAL DEVELOPMENT REGULATIONS
(3)
A written report submitted under subsection 43(2) of the Act respecting a
visit to and viewing of a property shall be considered to have been provided in the same
manner as evidence directly provided at the hearing of the board.
(4)
evidence.
In the conduct of an appeal hearing, the board is not bound by the rules of
Board decision
11.
A decision of the board must comply with the plan, scheme or
development regulations that apply to the matter that has been appealed to that board.
Vari"ances
12.
(1) Where an approval or permit cannot be given by an authority because
a proposed development does not comply with development standards set out in
development regulations, an authority may, in its discretion, vary the applicable
development standards to a maximum of 10% if, in the authority's opinion, compliance
with the development standards would prejudice the proper development of the land,
building or structure in question or would be contrary to public interest.
(2)
An authority shall not allow a variance from development standards set
out in development regulations if that variance, when considered together with other
variances made or
to be made with respect to the same land, building or structure, would have a
cumulative effect that is greater than a 10% variance even though the individual
variances are separately no more
than 10%.
(3)
An authority shall not permit a variance from development standards
where the
proposed development would increase the non conformity of an existing development.
Notice of vc;1riance
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
Schedule D - Page 8
Town of Terra Nova
Development Regulations 2019-2029
SCHEDULED
PROVINCIAL DEVELOPMENT REGULATIONS
whose land is in the immediate vicinity of the land that is the subject of the variance.
Residential non conformity
14.
A residential building or structure referred to in paragraph 108(3)(g) of the
Act must, where being repaired or rebuilt, be repaired or rebuilt in accordance with the
plan and development regulations applicable to that building or structure.
Notice and hearings on change of use
15.
Where considering a non conforming building, structure or development
under paragraph 108(3)(d) of the Act and before making a decision to vary an existing
use of that nonconforming building, structure or development, an authority, at the
applicant's expense, shall
publish a notice in a newspaper circulating in the area or by other means give public
notice of an
application to vary the existing use of a non-conforming building, structure or
development and
shall consider any representations or submissions received in response to that
advertisement.
Non-conformance with standards -conformance with standards
16.
Where a building, structure or development does not meet the
development standards included in development regulations, the building, structure or
development shall not be expanded if the expansion would increase the non-conformity
and an expansion must comply
with the development standards applicable to that building, structure or development.
Discontinuance of non-conforming use
17.
An authority may make development regulations providing for a greater
period of time than is provided under subsection 108(2) of the Act with respect to the
time by which a discontinued non-conforming use may resume operation.
Schedule D - Page 9
Town of Terra Nova
Development Regulations 2019-2029
Delegation of powers
SCHEDULED
PROVINCIAL DEVELOPMENT REGULATIONS
18.
An authority shall, where designating employees to whom a power is to be
delegated under subsection 109(3) of the Act, make that designation in writing.
Commencement
19.
These regulations shall be considered to have come into force on January 1,
2001.
Schedule D - Page 10