Traytown, Newfoundland and Labrador
· adopted 2009-06-10
This is the exact embedded text of the captured official document.
Snapshot 1b3e3251a5f8 · verified 2026-06-05 ·
original document ·
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unofficial consolidation, the official version is held by the municipal clerk.
TOWN OF TRA YTOWN
DEVELOPMENT REGULATIONS
IMPORTANT: To see if there were any changes to
this plan since it came into effect, please refer to:
List of Development Regulation Amendments
TOWN OF TRA YTOWN
DEVELOPMENT REGULATIONS 2009
TABLE OF CONTENTS - 1
APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
1.
Short Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
2.
Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
3.
Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
4.
Development Regulations Under the Urban and Rural Planning Act 2000 -
"Ministerial Regulations" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
5.
Municipal Code and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
6.
Town . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
PART I - GENERAL REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
7.
Compliance With Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
8.
Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
9.
Permit to be Issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
10.
Permit Not to be Issued in Certain Cases ................... Page 2
11.
Discretionary Powers of Town . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
12.
Variances by Town . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 3
13.
Service Levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 3
14.
Financial Guarantees by Developer . . . . . . . . . . . . . . . . . . . . . . . Page 4
15.
Dedication of Land for Public Use . . . . . . . . . . . . . . . . . . . . . . . . . Page 4
16.
Reinstatement of Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4
17.
Form of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 5
18.
Register of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 5
19.
Deferment of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 5
20.
Approval in Principle
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 5
21.
Development Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 6
22.
Reasons for Refusing Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7
23.
Notice of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8
24.
Right of Entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8
25.
Record of Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8
TABLE OF CONTENTS - 2
26.
Stop Work Order and Prosecution . . . . . . . . . . . . . . . . . . . . . . . . Page 8
27.
Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 9
PART II - GENERAL DEVELOPMENT STANDARDS ................... Page 10
28.
Access Ramps and Stairs, Decks
. . . . . . . . . . . . . . . . . . . . . . . Page 10
29.
Accesses and Service Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1 O
30.
Accessory Buildings - Dwellings . . . . . . . . . . . . . . . . . . . . . . . . . Page 10
31.
Accessory Buildings - Non-Dwelling and Non-Apartment Building Uses
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 12
32.
Accessory Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 13
33.
Advertisements and Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 14
34.
Advertisements Exempt from Control . . . . . . . . . . . . . . . . . . . . . Page 15
35.
Advertisements - Temporary and/or Portable Signs.... . . . . . . Page 17
36.
Advertisements and Signs near Highways . . . . . . . . . . . . . . . . . Page 17
37.
Advertisements Relating to Onsite Uses . . . . . . . . . . . . . . . . . . . Page 17
38.
Advertisements Relating to Offsite Uses . . . . . . . . . . . . . . . . . . . Page 17
39.
Agriculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 17
40.
Archaeological Resources and Heritage Sites .............. Page 18
41.
Bed and Breakfast, Boarding House, Hospitality Home . . . . . . . Page 18
42.
Buffers - Non-Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 19
43.
Building Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 19
44.
Building Line and Setback . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 19
45.
Buildings on a Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20
46.
Campground
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20
47.
Child Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20
48.
Comprehensive Development . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20
49.
Discretionary Use Classes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 21
50.
Entrance and Window Wells . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 21
51.
Family and Group Care Centres . . . . . . . . . . . . . . . . . . . . . . . . . Page 21
TABLE OF CONTENTS- 3
52.
Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 21
53.
Forestry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 23
54.
Home Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 23
55.
Lot Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 24
56.
Lot Area and Size Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 24
57.
Lot Frontage and Road Frontage . . . . . . . . . . . . . . . . . . . . . . . . Page 24
58.
Mineral Exploration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 25
59.
Mineral Working . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 25
60.
Non-Conforming Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 28
61.
Offensive and Dangerous Uses . . . . . . . . . . . . . . . . . . . . . . . . . Page 30
62.
Offstreet Loading and Parking Requirements . . . . . . . . . . . . . . . Page 30
63.
Parks and Playgrounds and Conservation Areas . . . . . . . . . . . . Page 30
64.
Public Services and Public Utilities . . . . . . . . . . . . . . . . . . . . . . . Page 31
65.
Screening and Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 31
66.
Service Stations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 31
67.
Site Development .................................... Page 31
68.
Site Development Quarry and Soil Removal . . . . . . . . . . . . . . . . Page 32
69.
Street Construction Standards . . . . . . . . . . . . . . . . . . . . . . . . . . Page 32
70.
Subsidiary Apartments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 32
71.
Unserviced Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 32
72.
Unsubdivided Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 32
73.
Waterways and Wetlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 33
PART Ill - SUBDIVISION OF LAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 34
74.
Permit Required ..................................... Page 34
75.
Services to be Provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 34
76.
Payment of Service Levies and Other Charges . . . . . . . . . . . . . Page 34
77.
Issue of Permit Subject to Considerations . . . . . . . . . . . . . . . . . Page 34
78.
Building Permits Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 35
TABLE OF CONTENTS - 4
79.
Form of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 35
80.
Subdivision Subject to Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 35
81.
Building Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 35
82.
Land for Public Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 35
83.
Structure in Street Reservation . . . . . . . . . . . . . . . . . . . . . . . . . . Page 36
84.
Subdivision Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . Page 36
85.
Engineer to Design Works and Certify Construction Layout . . . . Page 38
86.
Developer to Pay Engineer's Fees and Charges . . . . . . . . . . . . Page 39
87.
Street Works May Be Deferred . . . . . . . . . . . . . . . . . . . . . . . . . . Page 39
88.
Transfer of Streets and Utilities to Town . . . . . . . . . . . . . . . . . . . Page 39
89.
Restriction on Sale of Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 40
90.
Grouping of Buildings and Landscaping
Page 40
PART IV - USE ZONES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 41
91.
Use Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 41
92.
Use Classes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 41
93.
Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 41
94.
Discretionary Uses ................................... Page 41
95.
Uses Not Permitted - Prohibited Uses . . . . . . . . . . . . . . . . . . . . . Page 42
SCHEDULE A - DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 43
SCHEDULE B- CLASSIFICATION OF USES OF LAND AND BUILDINGS . . Page 52
SCHEDULE C - USE ZONE TABLES ............................... Page 58
RESIDENTIAL (R) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 59
MIXED DEVELOPMENT (MD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 63
HIGHWAY COMMERCIAL (HC) ............................. Page66
WELLHEAD PROTECTION (WP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 68
TABLE OF CONTENTS - 5
RURAL (RU) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 70
MINERAL WORKINGS (MW)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 72
SENSITIVE NATURAL AREA (SN) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 73
SCHEDULED - PARKING AND OFFSTREET LOADING REQUIREMENTS . Page 74
MAPS: Land Use Zoning Maps 1 and 2
URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF TRAYTOWN DEVELOPMENT REGULATIONS 2009
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
Town Council of Traytown adopts the Town of Traytown Development Regulations
2009.
Mayor:
Clerk:
Adopted by the Town Council of Traytown on the 101h day of June, 2009.
Signed and sealed this 62 {J;
day of C9e.Axr£ .. :tA,..2009.
~?Yt{JI
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF TRAYTOWN DEVELOPMENT REGULATIONS 2009
Under the authority of Section 16, Section 17 and Section 18 of the Urban and
Rural Planning Act 2000, the Town Council of Traytown
a)
b)
c)
adopted the Town of Traytown Development Regulations 2009 on the 101h
day of June, 2009.
gave notice of the adoption of the Town of Traytown Development
Regulations 2009 by advertisement inserted on the 81h day of October,
2009 and the 15th day of October, 2009 in the Beacon newspaper.
set the 2y!h day of October at 7:00 p.m. at the Town Hall, Traytown for the
holding of a public hearing to consider objections and submissions.
Now under the authority of section 23 of the Urban and Rural Planning Act 2000,
on the 261h day of October, 2009 the Town Council of Traytown approves the Town of
Traytown Development Regulations 2009 as adopted.
SIGNED AND S?D thi' t/ {g d-y of Qc, lo be C, 2009
Mayor:
~
Leo Tulk
~oL/?~v
sarah Patten
Clerk:
Published by Authority
NEWFOUNDLAND REGULATION 3/01
Development Regulations
under the
Urban and Rural Planning Act, 1000
(Filed January 2. 2001)
Under the authority of section 36 of the Urban and Rural
Planning Act, 2000, l rnake the following regulations.
Dated at St. John's, January 2, 2001.
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
I. Short title
2. Definitions
3. Applicat.h::in
4
lnterp~talion
5. Notice of right w appeal
6, Appeal n:quircments
7
Appeal registration
8.
Development prohibited
9. Hearing notice and mc:c:ting.s
l 0.
Hearing of c:vidc:ncc:
11. Board decision
Analysis
12
Variances
13. Notice ofvariWlcc
14.
Residential non confonnity
15. Notice and hearings on
ch(IJlge of use
16
Non-confonnancc with
standards
17. Discontinuance of non*
conforming use
18
Delegation of powers
I 9
Commencement
Short title
Dtfin.iuoos
Apphcanon
lnrcrprcultion
Development Regulatiom
3101
I. These regulations may be cited as the Development Regulatiom.
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the
Urban and Rural Planning Act, 2000;
(b) "applicant" means a person who has applied to an authority
for an approval or permit to carry out a development;
(c) "authority" means a council, authorized administrator or
regional authority; and
(d) "development regulations" means these regulations and
regulations and by·laws respecting development that have
been enacted by the relevant authority.
3. (I) These regulations shall be included in the development
regulations of an authority and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and
development regulations or other regulations of an authority, these
regulations shall apply.
(3) Where another Act of the province provides a right of appeal
to the board, these regulations shall apply to that appeal.
4. (I) In development regulations and other regulations made with
respect to a planning area the following terms shall have the meanings
indicated in this section
(a) "access" means a way used or intended to be used by
vehicles, pedestrians or animals in order to go from a street
to adjacent or nearby land or to go from that land to the
street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling,
located on the same lot as the main building to which it
is an accessory and which has a use that is customarily
incidental or complementary to the main use of the
building or land,
2
t.
I
.
Development Regulations
3101
(ii) for residential uses, domestic garages, carports, ramps.
sheds, swimming pools, greenhouses, cold frames, fuel
sheds, vegetables storage cellars, shelters for domestic
pets or radio and television antennae,
(iii) for commercial uses, workshops oi:.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 venical distance, measured in
metres from the established grade to the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(iii) mean height level between the eave and the ridge of a
gable, hip or gambrel roof,
and in any case, a building height shall not include
mechanical structure, smokestacks, steeples and purely
ornamental structures above a roof;
(e) "building line" means a line established by an authority that
runs parallel to a street line and is set at the closest point to a
street that a building may be placed;
(f) "discretionary use" means a use that is listed within the
discretionary use classes established in the use zone tables of
an authority's development regulations;
(g) "established grade" means,
(i) where used in reference to a building, the average
elevation of the finished surface of the ground where it
meets the exterior or the front of that building exclusive
of any anificial embankment or entrenchment, or
3
Dwelopment Regulations
3/01
(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
Jines measured at the building line;
Ul "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 Jines of
the lot;
(1) "lot coverage" means the combined area of all building on a
lot measured at the level of the lowest floor above the
established grade and expressed as a percentage of the total
area of the Jot;
(m) "non-conforming use" means a legally existing use that is
not .listed as a permitted or discretionary use for the use
zone in which it is located or which does not meet the
development standards for that use zone;
(n) "owner-t 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 pennitted 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, Jetter, model, placard, board, device or
representation, whether illuminated or not, in the nature of or
employed wholly or in part for the purpose of advenisement,
4
Noti~ of right 10
oppcal
Development Regulations
3/01
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 dis!Bnce 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 pennitted on a lot;
(w) 0 use zone" or 'izone" means an area of land including
buildings and water designated on the zoning map to which
the uses, s111ndards and conditions of a particular use zone
table apply;
(x) "variance" means a departure, to a maximum of I 0% 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
fanning a pan 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,
S. Where an authority makes a decision that may be appealed
under section 42 of the Act, that authority shall, in writing, at the ltme
of making that decision, notify the person to whom the decision applies
of the
5
Appeal
1tqu1temcnts
Appeal tegistt.a.11011
Development Regulations
3101
(a) person's right to appeal the decision to the board:
(b) time by which an appeal is to be made:
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of
the appeal.
6. ( 1) The secretary of the board at the Department of Municipal
and Provincial Affairs, Main Floor, Confederation Building (West
Block), P.O. Box 8700, St. John's, Nfld., AIB 4J6 is the secrecary to all
boards in the province and an appeal filed with that secretary within the
time period referred to in subsection 42( 4) of the Act shall be
considered to have been filed with the appropriate board.
(2) Notwithstanding subsection ( 1 ), where the City of Comer
Brook, City of Mount Pearl or City of St. John's appoints an appeal
board under subsection 40(2) of the Act, an appeal shall be filed with
the secretary of that appointed board.
(3) The fee required under section 44 of the Act shall be paid to
the board that hears the decision being appealed by filing it with the
secretary referred to in subsection (I) or (2) within the 14 days referred
to in subsection 42( 4) of the Act.
(4) The board that hears the decision being appealed shall,
subject to subsection 44(3) of the Act, retain the fee paid to the board.
(5) Where an appeal of a decision and the required fee is not
received by a board in accordance with this section and Part VI of the
Act, the right to appeal that decision shall be considered to have been
forfeited.
7. (I) Upon receipt of an appeal and fee as required under the Act
and these regulations, the secretary of the board as referred to in
subsections 6( 1) and (2), shall immediately register the appeal.
(2) Where an appeal has been registered the secretary of the
board shall notify the appropriate authority of the appeal and shall
provide to the authority a copy of the appeal and the documentation
related to the appeal.
6
ti
Dtvclopment
prohibited
Bearing notice and
m«1.1ng1
Development Regulations
3101
(3) Where an authority has been notified of an appeal that
authority shall forward to the appropriate board a copy of the
application being appealed, all correspondence. council minutes, plans
and other relevant information relating to the appeal including the
names and addresses of the applicant and other interested persons of
whom the authority has knowledge.
(4) Upon receipt of the information under subsection (3), the
secretary of the board shall publish in a newspaper circulated in the
area of the appropriate authority, a notice that the appeal has been
registered.
(5) A notice published under subsection (4) shall be published
not fewer than 2 weeks before the date upon which the appeal is to be
heard by the board.
8. (I) Immediately upon notice of the registration of an appeal the
appropriate authority shall ensure that any development upon the
propeny that is the subject of the appeal ceases.
(2) Sections I 02 and I 04 of the Act apply to an authority acting
under subsection(!).
(3) Upon receipt of a notification of the registration of an appeal
with respect to an order under section I 02 of the Act, an authority shall
not carry out work related to the matter being appealed.
9. (I) A board shall notify the appellant, applicant, authority and
other persons affected by the subject of an appeal of the date, time and
place for the appeal not fewer than 7 days before the date scheduled for
the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its
work in an expeditious manner.
Heoringof-"dmo
10. (l) A board shall meet at a place within the area under its
jurisdiction and the appellant and other persons notified under
subsection 9( 1) or their representative may appear before the board and
make representations with respect to the matter being appealed.
(2) A board shall hear an appeal in accordance with section 43
of the Act and these regulations.
7
,.
Board decision
Vananccs
Development Regulations
3101
(3) A written report submitted under subsection 43(2) of the Act
respecting a visit to and viewing of a property shall be considered to
have been provided in the same manner as evidence directly provided
at the hearing of the board.
( 4) In the. conduct .of an appeal.hearing, the .board js not bound
by the rules of evidence.
11. A decision of the board must comply with the plan, scheme or
development regulations that apply to the matter that has been appealed
to that board.
12. (I) Where an approval or pertnit 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 I 0%.
(3) An authority shall not pertnit a variance from development
standards where the proposed development would increase the non
confortnity of an existing development.
Notice orvanl:Lllcc:
13. Where an authority is to consider a proposed variance, that
authority shall give written notice of the proposed variance from
development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance.
R"'d'""" non
14. A residential building or structure referred to in paragraph
onnformiiy
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 structur-.
Notice 111dhWJ.11gs
15. Where considering a non conforming building, structure or
0"''"'-' 0"'"
development under paragraph 108(3)(d) of the Act and before making a
8
Development Regulations
3101
decision to vary an existing use of lhat non-confonning building,
structure or development, an aulhority, at the applicant's expense. shall
publish a notice in a newspaper circulating in the area or by other
means give public notice of 8J\ application to vary the existing use of a
non-confonning building, structure or development and shall consider
any representations or submissions received in resp.onse to that
advenisement.
Noo-<0nfonmmu
16. Where a building, structure or development does not meet the
""th .,.,,,,.,..,
development standards included in development regulations, the
building, structure or development shall not be expanded if the
expansion would increase the non-confonnity and an expansion must
comply with the development standards applicable to that building,
structure or development.
D-seontinomoor
17. An authority may make development regulations providing for a
00--<onfonnmg -«
greater period of time than is provided under subsection I 08(2) of the
Act wilh respect to the time by which a discontinued non-conforming
use may resume operation.
o.logation or
18. An authority shall, where designating employees to whom a
powo"
power is to be delegated under subsection 109(3) of the Act, make that
designation in writing.
commomm"''
19. These regulations shall be considered to have come into
force on January I, 2001.
<!:>Earl G. Tucker, Queen's Printer
9
1.
Short Title
TOWN OF TRAYTOWN MUNICIPAL PLAN
(DEVELOPMENT REGULATIONS)
APPLICATION
These Regulations may be cited as the Traytown Development Regulations.
2.
Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings
ascribed to them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings
which are commonly assigned to them in the context in which they are used
in the Regulations.
3.
Commencement
These Regulations come into effect throughout the Traytown Municipal Planning
Area, hereinafter referred to as the Planning Area, on the date of publication of a
notice to that effect in the Newfoundland Gazette.
4.
Development Regulations Under the Urban and Rural Planning Act 2000 -
"Ministerial Regulations"
The Ministerial Regulations enacted under Section 36 of the Act shall apply to
development within the Planning Area. Where there is conflict between these and
the Traytown Development Regulations, the Ministerial Regulations shall prevail.
The Ministerial Regulations are included with the Traytown Development
Regulations.
5.
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code,
and any other ancillary code and any Building Regulations, Waste Disposal
Regulation and/or any other municipal regulations regulating or controlling the
development, conservation and use of land in force in the Town of Traytown, shall,
under these Regulations apply to the entire Planning Area.
6.
Town
In these Regulations, "Town" means the Council of the Town of Traytown.
Town o/Traytown
Development Regu1ations 2009
Page 2
PART I - GENERAL REGULATIONS
PART 1- GENERAL REGULATIONS
7.
Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance
with these Regulations.
8.
Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has
been issued by the Town.
9.
Permit to be Issued
Subject to Regulations 10 and 11, a permit shall be issued for development within
the Planning Area that conforms to the requirements of these regulations.
10.
Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the
Planning Area when, in the opinion of the Town, it is premature by reason of the site
lacking adequate road access, power, drainage, sanitary facilities, or domestic water
supply, or being beyond the natural development of the area at the time of
application unless the applicant contracts to pay the full cost of construction of the
services deemed necessary by the Town and such cost shall attach to and upon the
property in respect of which it is imposed.
11.
Discretionary Powers of Town
In considering an application for a permit or for approval in principle to carry out
development, the Town shall take into account the policies expressed in the Munici-
pal Plan and any further scheme, plan or regulations pursuant thereto, and shall
assess the general appearance of the development of the area, the amenity of the
surroundings, availability of utilities, public safety and convenience, and any other
considerations which are, in its opinion, material, and notwithstanding the conformity
of the application with the requirements of these Regulations, the Town may, in its
discretion, and as a result of its consideration of the matters set out in this Regulat-
ion, conditionally approve or refuse the application.
Town of Traytown
Development Regulations 2009
12.
Variances by Town
Page 3
PART! - GENERAL REGULATIONS
(1)
See also Ministerial Development Regulations, Section 12.
(2)
Where an approval or a permit cannot be given by the Town because a
proposed development does not comply with development standards set out
in these Regulations, the Town may, in its discretion, vary the applicable
development standards to a maximum of 10%, if, in the Town's opinion,
compliance with the development standards would prejudice the proper
development of the land, building or structure in question or would be
contrary to the public interest.
(3)
The Town shall not allow a variance from development standards set out in
these Regulations if that variance , when considered together with other
variances made or to be made with respect to the same land, building or
structure, would have a cumulative effect that is greater than a 10% variance
even though the individual variances are separately not greater than 10%.
( 4)
The Town shall not permit a variance from the development standards where
the proposed development would increase the non conformity of an existing
development.
(5)
Public Notice - When a variance is necessary under this Regulation, the
Town shall, at the expense of the applicant, give written notice to the
property owners in the immediate vicinity of the proposed variance.
13.
Service Levy
( 1)
The Town may require a developer to pay a service levy where development
is made possible or where the density of potential development is increased,
or where the value of property is enhanced by the carrying out of public
works either on or off the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Town of constructing or improving the public works referred
to in Regulation 13(1) that are necessary for the real property to be
developed in accordance with the standards required by the Town and for
uses that are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
a)
the amount of real property benefited by the public works related to
all the real property so benefited; and,
Town ofTraytown
Development Regulations 2009
Page 4
PART I - GENERAL REGULATIONS
b)
the density of development made capable or increased by the public
work.
(4)
The Town may require a service levy to be paid by the owner of the real
property:
a)
at the time the levy is imposed;
b)
at the time development of the real property commences;
c)
at the time development of the real property is completed; or,
d)
at such other time as the Town may decide.
14.
Financial Guarantees by Developer
(1)
The Town may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may be
required to guarantee the payment of engineering and other consultants'
fees, service levies, ensure site reinstatement, and to enforce the carrying
out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to R'i'lgulation 14(1) may be made in the
form of:
a)
a cash deposit from the developer, to be held by the Town, or;
b)
a guarantee by a bank, or other institution acceptable to the Town, for
expenditures by the developer, or;
c)
a performance bond provided by an insurance company or a bank, or;
d)
an annual contribution to a sinking fund held by the Town.
15.
Dedication of Land for Public Use
In addition to the requirements for dedication of land under Part Ill - Subdivisions,
the Town may require the dedication of a percentage of the land area of any
subdivision or other development for public use, and such land shall be conveyed
to the Town in accordance with the provisions of the Act.
16.
Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Town may order the developer, the occupier of the site, or the owner or all of them
to reinstate the site, to remove all or any buildings or erections, to cover or fill all
wells or excavations, and to close all or any accesses, or to do any of these things
Town ofTraytown
Development Regulations 2009
Page 5
PART I - GENERAL REGULATIONS
or all of them, as the case may be, and the developer, occupier or owner shall carry
out the order of the Town and shall put the site in a clean and sanitary condition to
the satisfaction of the Town.
17.
Form of Application
(1)
An application for a development permit or for approval in principle shall be
made only by the owner or by a person authorized by the owner to the Town
on such form as may be prescribed by the Town, and every application shall
include such plans, specifications and drawings as the Town may require,
and be accompanied by the permit fee required by the Town.
(2)
The Town shall, on request, supply to every applicant a copy of the
application forms referred to in Regulation 17(1) and a description of the
plans, specifications and drawings required to be provided with the
application.
18.
Register of Application
The Town shall keep a public register of all applications for development, and shall
enter therein the Town's decision upon each application and the result of any
appeal from that decision.
19.
Deferment of Application
(1)
The Town may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations which
have not been determined by the Town and on which a decision has not
been communicated to the applicant within eight weeks of the receipt thereof
by the Town, and on which consideration has not been deferred in
accordance with Regulation 19(1), shall be deemed to be refused.
20.
Approval in Principle
(1)
The Town may grant approval in principle for a subdivision or any other
development if, after considering an application for approval in principle
made under these Regulations, it is satisfied thatthe proposed development
Town of1i·aytown
Development Regulations 2009
Page 6
PART I - GENERAL REGULATIONS
is, subject to the approval of detailed plans, in compliance with these
Regulations.
(2)
Where approval in principle is granted under this Regulation, it shall be
subject to the subsequent approval by the Town of such details as may be
listed in the approval in principle, which shall also specify that further
application for approval of these details shall be received not later than two
years from the grant of approval in principle.
(3)
The Approval In Principle shall set out or contain:
a)
the development standards to be followed for the development;
b)
the development plan with phasing and costs, showing land use,
lotting and building location, public and private open spaces and
buffers, roads, water and sewer services, and other relevant
information and this development plan shall set out the general
specifications of the roads, services and other relevant elements;
c)
the permitting requirements - what permits are required and when;
d)
when construction drawings are to be required -
in general,
construction drawings may only be required prior to the start of a
phase or element of the development plan;
e)
the responsibility for the maintenance and upgrading of services, and
the provision of other services, such as garbage collection and street
lighting;
f)
the financial guarantees in respect of municipal water, sewer, road
and related works to ensure that each phase of the work will be done
in accordance with the Approval;
g)
the financial and other obligations of the parties to the agreement;
h)
the legal survey of the property.
21.
Development Permit
(1)
A plan or drawing which has been approved by the Town and which bears a
mark and/or signature indicating such approval together with a permit shall
be deemed to be permission to develop land in accordance with these
Regulations but such permission shall not relieve the applicant from full
responsibility for obtaining permits or approvals under any other regulation
or statute prior to commencing the development; from having the work
Town ofTraytown
Development Regulations 2009
Page 7
PART I- GENERAL REGULATIONS
carried out in accordance with these Regulations or any other regulations or
statutes; and from compliance with all conditions imposed thereunder.
(2)
The Town may attach to a permit or to approval in principle such conditions
as it deems fit in order to ensure that the proposed development will be in
accordance with the purposes and intent of these Regulations.
(3)
Where the Town deems necessary, permits may be issued on a temporary
basis for a period not exceeding two years, which may be extended in writing
by the Town for further periods not exceeding two years.
(4)
A permit is valid for such period, not in excess of two years, as may be stated
therein, and if the development has not commenced, the permit may be
renewed for a further period not in excess of one year, but a permit shall not
be renewed more than once, except in the case of a permit for an advert-
isement, which may be renewed in accordance with Regulation 33 of these
Regulations.
(5)
The approval of any application and plans or drawings or the issue of a
permit shall not prevent the Town from thereafter requiring the correction of
errors, or from ordering the cessation, removal of, or remedial work on any
development being carried out in the event that the same is in violation of this
or any other regulations or statute.
(6)
The Town may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit
was issued in error or was issued on the basis of incorrect information.
(7)
No person shall erase, alter or modify any drawing or specifications upon
which a permit to develop has been issued by the Town.
(8)
There shall be kept available on the premises where any work, matter or
thing in being done for which a permit has been issued, a copy of the permit
and any plans, drawings or specifications on which the issue of the permit
was based during the whole progress of the work, or the doing of the matter
or thing until completion.
22.
Reasons for Refusing Permit
The Town shall, when refusing to issue a permit or attaching conditions to a permit,
state the reasons for so doing.
Town ofTraytown
Development Regulations 2009
23.
Notice of Application
Page 8
PART I - GENERAL REGULATIONS
(1)
When a change in nonconforming use is to be considered, when the
development proposed is listed as a discretionary use in Schedule C or the
development is otherwise described as being at the discretion of the Town
under the Regulations, the Town shall, at the expense of the applicant, give
notice of an application for a permit or for approval in principle, by public
advertisement in a newspaper circulating in the area or by any other means
deemed necessary.
(2)
When a variance is necessary under Regulation 12 the Town shall, at the
expense of the applicant, give written notice to the property owners in the
immediate vicinity of the proposed variance.
24.
Right of Entry
The Town, the Director, or any inspector may enter upon any public or private land
and may at all reasonable times enter any development or building upon the land
for the purpose of making surveys or examinations or obtaining information relative
to the carrying out of any development, construction, alteration, repair, or any other
works whatsoever which the Town is empowered to regulate.
25.
Record of Violations
Every inspector shall keep a record of any violation of these regulations which
comes to his knowledge and report that violation to the Town.
26.
Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to
these Regulations, the Town may order that person to stop the development
or work connected therewith pending final adjudication in any prosecution
arising out of the development.
(2)
A person who does not comply with an order made under Regulation 26(1)
is guilty of an offence under the provisions of the Act.
Town of Traytown
Development Regulations 2009
27.
Appeals
Page 9
PART I - GENERAL REGULA TI ONS
(1)
See Ministerial Regulations
Sections 5 to 11.
(2)
Where an appeal lodged under Section 42 of the Urban and Rural Planning
Act 2000 has been successful, the fee paid by the appellant shall be
reimbursed by the Town.
Town ofTraytown
Development Regulations 2009
Page JO
PART 11- GENERAL DEVELOPMENT STANDARDS
PART II - GENERAL DEVELOPMENT STANDARDS
28.
Access Ramps and Stairs, Decks
( 1)
Access Ramps and Stairs - Open or partially covered access ramps and
stairs are permitted within the minimum front, rear or side yards provided
these do not create a safety hazard or block sight lines.
(2)
Decks -An open or partially enclosed deck attached to the dwelling shall not
extend into the minimum permissible building line setback and shall not be
closer to the side and rear lot lines than 1 metre. A deck is not included in the
calculation of lot coverage under Schedule C.
(3)
Non Dwelling Decks - Decks attached to non-dwelling buildings shall not
extend into the minimum front, side, or rear yards.
(4)
Stairs - Stairs are permitted within the minimum permissible front, rear and
side yards
29.
Accesses and Service Streets
(1)
Access shall be located to the specification of the Town so as to ensure the
greatest possible convenience and safety of the street system and the Town
may prescribe the construction of service streets to reduce the number of
accesses to collector and arterial streets.
(2)
Any access to a Provincial Highway must be approved by the Department of
Transportation and Works.
(3)
No vehicular access shall be closer than 10 metres lo the street line of any
street intersection.
30.
Accessory Buildings - Dwellings
(1)
This Regulation only applies to accessory buildings associated with single,
double and row dwellings and apartment buildings.
(2)
Accessory buildings shall be clearly incidental and complementary to the use
of the principal buildings in character, use and size, and shall generally be
contained on the same lot as the principal building or buildings, except as
otherwise determined at the discretion of the Town.
Town of Traytown
Development Regulations 2009
Page 11
PART TI- GENERAL DEVELOPMENT STANDARDS
(3)
A discretionary accessory building not located on the same lot as the
principal building can only be used for marine-related uses or for storage
purposes only, and shall have height no greater than 4 metres and a floor
area no greater than 75 square metres or 15 % of the lot area whichever is
less.
(4)
Building Line - The minimum building line (distance from the front lot line)
for an accessory building shall be as that set out in the Schedule C Use Zone
for principal and other buildings.
(5)
Side Yard - Except for row and double dwellings where an accessory building
can be built to the side lot line, provided that the wall adjoining the side lot
line is of fire resistant construction, the minimum side yards (distance from
the side lot lines) are as follows:
a)
Accessory Building Does Not Exceed 4 Metres in Height -
the
minimum side yard is 1 metre;
b)
Accessory Building Exceeds 4 Metres in Height- the minimum side
yard is at least 2 metres, unless more is deemed necessary by the
Town in order to protect the amenities and/or privacy of neighbouring
properties;
c)
Minimum Side Yard Flanking Road (for a Corner Lot)-the accessory
building shall not be closer to a flanking road than that set out for the
dwelling under Schedule C.
(6)
Rear Yard
a)
Accessory Building Does Not Exceed 4 Metres in Height - the
minimum rear yard (distance from the rear lot line) is 1 metre.
b)
Accessory Building Exceeds 4 Metres in Height - the minimum rear
yard shall be 2 metres, unless more is deemed necessary by the
Town in order to protect the amenities and/or privacy of neighbouring
properties.
(7)
Separation Distance from Principal Building - Accessory buildings shall
maintain a minimum separation distance of 3 metres from a principal
building, or the minimum required by the Building Code, whichever is the
greater.
Town ofTraytown
Development Regulations 2009
Page 12
PART !I - GENERAL DEVELOPMENT STANDARDS
(8)
!opt Coverage - The combined lot coverage of accessory buildings together
with principal and other buildings on a lot shall not exceed 33% (See also
clause (3)).
(9)
Floor Area No floor area requirements are set out for accessory buildings,
however. However, any accessory building exceeding 70 m2 in floor area
may only be approved at the discretion of the Town and after notice of the
application has been given in accordance with Regulation 23.
(10)
Height - The maximum height of an accessory building shall not exceed the
height of the principal building. However, any accessory building with a
height greater than 4 metres may only be approved at the discretion of the
Town and after notice of the application has been given in accordance with
Regulation 23.
31.
Accessory Buildings - Non-Dwelling and Non-Apartment Building Uses
(1)
This Regulation sets out the requirements for accessory buildings for non-
dwelling uses, that is, uses not included Regulation 30.
(2)
Accessory buildings shall be clearly incidental and complementary to the use
of the principal buildings in character, use and size, and shall be contained
on the same lot as the principal building or buildings.
(3)
Building Line - The minimum building line (distance from the front lot line)
for an accessory building shall be as that set out in the Schedule C Use Zone
for principal and other buildings.
(4)
Side Yard and Rear Yard and Flanking Road - the minimum side yard and
rear yard for an accessory building shall be 6 metres, and the accessory
building shall not be closer to a flanking road than that set out for the
principal building under Schedule C.
(5)
Separation Distance from Principal Building - Accessory buildings shall
maintain a minimum separation distance of 3 metres from a principal building
or the minimum required by the Building Code, whichever is the greater.
(6)
Lot Coverage - No lot coverage requirements are set out.
(7)
Floor Area -
No floor area requirements are set out.
(8)
Height- The maximum height of an accessory building shall not exceed the
height of the principal building.
Town of Traytown
Development Regulations 2009
32.
Accessory Uses
Page 13
PART II- GENERAL DEVELOPMENT STANDARDS
(1)
See also Schedule A
Definitions.
(2)
Subject to the other requirements of these Regulations, including those of
Schedule C, uses accessory to a permitted or discretionary use are allowed.
Subject to Schedule C, examples of accessory uses include, but are not
limited to:
a)
facilities for the serving of food and alcoholic beverages in an arena
or other place of assembly, marina, or hotel (commercial - residential)
and/or a gift or souvenir shop in a museum, hotel or other
establishment;
b)
a general garage attached to or forming part of a car-dealership or
other major retail-wholesale outlet;
c)
an office, convenience store and/or catering establishment in a
campground;
d)
a marina, dock or wharf in a residential or other zone;
e)
a subsidiary apartment;
f)
a business carried out in a dwelling or residential accessory building
by a resident of the dwelling, a home business - Regulation 54;
g)
a dwelling accessory to a non-residential permitted or discretionary
use - for example, a farm dwelling, a church manse, a caretaker's
dwelling.
(3)
Accessory uses shall be clearly subsidiary to and controlled so as to be
compatible with the primary use and the use of nearby properties.
33.
Advertisements and Signs
(1)
The terms "advertisement" and "sign" are interchangeable.
(2)
Permit Reguired - Unless specifically exempted, no advertisement shall be
erected or displayed in the Planning Area unless a permit for the
advertisement is first obtained from the Town, and, where necessary, from
the Department of Government Services.
(3)
Form of Application -Application for a permit to erect or display an adver-
tisement shall be made to the Town in accordance with Regulation 17.
Town ofTraytown
Development Regulations 2009
Page 14
PART II - GENERAL DEVELOPMENT STANDARDS
(4)
Advertisements in Street Reservation -Prohibition - No advertisement shall
be erected or displayed within, on or over any highway or street reservation.
unless it is a sign erected by a public authority.
(5)
Permit Valid for Limited Period
a)
A permit shall be valid for a period of one year and failure by the
applicant to initiate construction before expiration of the first permit
year shall require reapplication to the Town.
b)
Where, upon expiration of the first permit year a person wants the
continued placement of that sign, that person shall apply to the Town
for a renewed permit.
c)
The Town may issue a renewed permit and that renewed permit shall
be valid for a period of three years, and this must subsequently be
renewed for further three year periods if the sign is to remain in place.
d)
A renewed permit shall not be issued until the Town is satisfied that
the sign has been maintained to its satisfaction and conforms to these
Regulations and the conditions attached to the permit.
(6)
Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Town may require
the removal of any advertisement which, in its opinion, is:
a)
hazardous to road traffic by reason of its siting, colour, illumination,
maintenance or structural condition; or,
b)
detrimental to the amenities of the surrounding area.
(7)
Signs - Non-Conforming Uses - A permit may be used for the erection or
display of advertisements on a building or within the courtyard of a building
or on a parcel of land, the use of which is a non conforming use, provided
that the advertisement does not exceed the size and type of advertisement
which could be permitted if the development was in a Use Zone appropriate
to its use, and subject to any other conditions deemed appropriate by the
Town.
(8)
Prohibition -A sign shall not be erected, posted or placed:
a)
where in the opinion of the Town, that sign would be hazardous to
road traffic by reason of its siting, illumination or structural condition;
Town o/Traytown
Development Regulations 2009
Page 15
PARTII - GENERAL DEVELOPMKNT STANDARDS
b)
where in the opinion of the Town that sign would be detrimental to the
amenities of surrounding areas or length of highway or road;
c)
where that sign is not maintained to the satisfaction of the Town:
d)
within or over a highway or street intersection unless otherwise
approved by the Town for Town roads, or by the Department of
Transportation and Works for roads under Provincial jurisdiction;
e)
with the exception of premises advertisements, within 300 metres, or
a distance specified by the Department of Transportation and Works,
or the Town of the intersection of two or more highways and/or for
Town roads, or from the crossing of a public road;
f)
at a location that is objectionable to residents of the immediate area;
and
g)
on a sign erected by the Department of Transportation and Works.
(9)
Signs or Advertisements Not Specifically Covered - If for some reason an
application is received for a sign or advertisement that does not fall into one
of the categories set out under these Regulations, then subject to the other
applicable requirements of these Regulations the Town may approve,
approve with conditions, or refuse to approve the sign or advertisement.
34.
Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area
without application to the Town:
a)
a posting of a candidate in a federal, provincial or municipal election or a
regional school board election:
b)
a temporary sign relating to federal, provincial or municipal public works:
c)
a notice required by Jaw to be posted;
d)
a regulatory, warning, directional, guide or informational sign erected by the
Department of Transportation and Works;
e)
a sign placed by a telephone, telegraph or electric power company to
indicate danger;
f)
a sign, not exceeding 0.5 square metres, advertising the sale or rental of a
building or lot upon which the sign is located;
g)
a flag, emblem or insignia of a nation, country or province;
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h)
one temporary sign related to building construction located on a site on
which the work is being carried out;
i)
on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.28 m2 in area;
j)
on an agricultural holding or farm, a notice board not exceeding 1.5 m2 in
area and relating to the operations being conducted on the land;
k)
on land used for forestry purposes, signs or notices not exceeding 1 m2 in
area and relating to forestry operations or the location of logging operations
conducted on the land;
I)
on land used for mining or quarrying operations, a notice board not
exceeding 1 m2 in area relating to the operation conducted on the land;
m)
on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.28 m2 in area in connection with the practice of a business
carried on in the premises;
n)
on any site occupied by a church, school, library, art gallery, museum,
institution, public building or charitable facility, and/or or cemetery, one
notice board placed no closer than 3 metres from a street line;
o)
on the principal facade of any commercial, industrial or public building, the
name of the building or the name of the occupants of the building, in letters
not exceeding one-tenth of the height of that facade or 3 m, whichever is the
lesser;
p)
on any parking lot directional signs and one sign not exceeding 1 m2 in size,
identifying the parking lot; and,
q)
a sign indicating the location of a municipal or municipal planning area
boundary, located beyond the back slope of a highway ditching.
35.
Advertisements - Temporary and/or Portable Signs
Unless it is a sign included under Regulation 34, no temporary or portable sign is
permitted.
36.
Advertisements and Signs near Highways
Pursuant to Newfoundland Regulation 85/99 as amended, the Provincial
Government has designated "control lines" alongside each provincially maintained
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PART II - GENERAL DEVELOPMENT STANDARDS
route. These lines extend 400 metres from the highway centre lines, except
that the control area is reduced within the within Municipal Boundaries and
built up areas of incorporated communities to 100 metres from the centre
line of a provincial highway. Advertisements and signs falling within the
designated control lines of any highway must be referred to and approved or
exempted by the Government Services office serving the area.
37.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement,
including premises signs, on any lot or site occupied by a use permitted or existing
as a legal non-conforming use in this use zone, shall be as follows:
a)
the size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Town, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area;
b)
unless it is a sign affixed to the wall or canopy of a building the
advertisement shall not exceed 5 square metres in area on any side.
38.
Advertisements Relating to Offsite Uses
Signs related to offsite uses shall only be placed in locations approved by the Town
and shall be of a design approved by the Town.
39.
Agriculture
( 1)
Agricultural uses are regulated by the Town and the Provincial Government.
Agricultural uses shall be approved by both the Agrifoods Branch of the
Department of Natural Resources and the Town, together with other
appropriate agencies.
(2)
After consultation with the Province, the Town may refuse to issue a permit
for an agricultural operation, which, in its opinion, may cause pollution to a
well.
(3)
Except for residential development occurring in an already developed area
("infill development"), any residential development within 600 metres of
structure containing more than five animal units must be referred to the
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PART II - GENERAL DEVELOPMENT STANDARDS
Agrifoods Branch for a recommendation. The Town shall not issue a permit
contrary to the recommendation.
(4)
A livestock structure (barn) containing five or more animal units must be
located at distance from a non-farm dwelling determined by the Agrifoods
Branch. The structure shall be at least 60 m from the boundary of the
property on which it is to be erected and shall be at least 90 m from the
centre line of a street. The erection of the structure shall be approved by the
Agrifoods Branch before a permit is issued by the Town.
40.
Archaeological Resources and Heritage Sites
(1)
If an archaeological site or historical artifacts are discovered during construc-
tion, development shall stop and the Provincial Archaeology Office of the
Department of Tourism, Culture and Recreation consulted. Development
shall not proceed until the Provincial Archaeology Office has evaluated the
site.
(2)
Before approval is granted for a major development, such as a subdivision,
or a new commercial or public building, the application shall be referred to
the Provincial Archaeology Office for investigation.
(3)
After proper notification and consultation, the Town may designate any
property or structure a heritage property or building and require that certain
conditions pertaining to appearance and upkeep be maintained.
41.
Bed and Breakfast, Boarding House, Hospitality Home
A Bed and Breakfast, Boarding House or Hospitality Home can be permitted in
certain zones subject to the following conditions:
a)
the use does not detract from the residential character of the neighbourhood
b)
the use is carried out by a resident of the single dwelling;
c)
the single dwelling in which the use is carried out is similar in exterior finish,
design, and scale, to private residential buildings in the zone;
d)
one parking space shall be provided for each guest room and the parking
area shall be screened by a fence, wall, or hedge not less than one (1) metre
in height;
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PART II- GENERAL DEVELOPAfENT STANDARDS
e)
the use shall conform to the frontage, building line setback, sideyard,
rearyard and height requirements specified for a single dwelling;
f)
the maximum number of guests shall be six (6);
g)
the establishment is licensed under the Tourist Establishment Regulations.
42.
Buffers - Non-Residential
Where any non-residential use abuts a residential use or area, the owner of the site
of the non-residential development may be required to provide a buffer strip
between any non-residential building or activity and the residential use. The buffer
shall include the provision of grass strips, hedges, trees or shrubs, or structural
barriers as may be required by the Town, and shall be maintained by the owner or
occupier to the satisfaction of the Town.
43.
Building Height
The Town may permit the erection of buildings of a height greater than that
specified in Schedule C, but in such cases the building line setback and rearyard
requirements shall be varied as follows:
a)
The building line setback shall be increased by 2 metres for every 1 metre
increase in height;
b)
The rearyard shall not be less than the minimum building line setback
calculated as described in (1) above plus 6 metres.
44.
Building Line and Setback
(1)
The Town, by resolution, may establish building lines on an existing or
proposed street or service street and may require any new buildings to be
located on those building lines, whether or not such building lines conform
to the standards set out in the tables in Schedule C of these Regulations.
(2)
The building line setback is measured from the front property line.
(3)
In accordance with the Building Near Highways Regulations 1997, the
building line along Provincial highways shall not be less than that specified
under the Building Near Highways Regulations.
45.
Buildings on a Lot
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PART II GENERAL DEVELOPMENT STANDARDS
(1)
See also Regulation 48, Comprehensive Development.
(2)
Not more than one single dwelling can be permitted on a lot except where it
forms part of a comprehensive development.
(3)
Except for single dwellings (Regulation 45 (2)) two or more buildings can be
erected on a lot provided that the yard and setback and other requirements
of Schedule C and other parts of these Regulations are satisfied.
46.
Campground
A plan of the campground shall be submitted in a format satisfactory to the Town,
showing and specifying the number and location of campsites and all facilities,
services, internal roads and measures for buffering and/or screening. The approved
plan, together with any other approvals and conditions shall form part of the permit.
47.
Child Care
Where allowed, a child care facility shall be compatible with the residential or other
area within which it is located. In a residential area there shall be no visible
indication that such a use is occurring, except for a small identification sign. The
approval of the Department of Government Services is required before a permit for
a child care facility is issued by the Town.
48.
Comprehensive Development
(1)
At its discretion the Town may approve a comprehensive development that
only in its overall density and land use complies with the development
standards of a Use Zone and provided that the development is at least two
(2) hectares in area. All other requirements of the Development Regulations
shall apply, including those for subdivision design.
(2)
Provided that the comprehensive development itself fronts on a publicly
owned and maintained road and there is adequate access, dwellings and
other buildings within the comprehensive development need not directly front
on a public road.
(3)
A comprehensive development is subject to an Approval in Principle.
49.
Discretionary Use Classes
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PART II - GENERAL DEVELOPMENT STANDARDS
The discretionary use classes listed in Schedule C may be permitted at the
discretion of the Town provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
50.
Entrance and Window Wells
An entrance well or a window well is permitted in the minimum front, rear or side
yard under Schedule C provided it does not extend more than 0.3 metres above
grade.
51.
Family and Group Care Centres
Where allowed, a family group care centre use is permitted in any dwelling or
apartment that is adequate in size to accommodate the number of persons living in
the group, inclusive of staff, provided that in the opinion of the Town, the use of the
dwelling does not materially differ from, nor adversely affect, the amenities of the
adjacent residences, or the neighbourhood in which it is located. The Town may
require special access and safety features to be provided for the occupants before
occupancy is permitted.
52.
Fences
(1)
Applicability -
Except as otherwise set out in Schedule Corin a Fence
Regulation adopted under the Municipalities Act, the requirements of this
Regulation shall apply to all fences.
(2)
Fence -
For the purpose of this Regulation a fence includes a vertical
physical barrier constructed out of typical fencing materials, and includes
hedges, shrubs and landscaping features used for these purposes, and, that
portion of a retaining wall which projects above the surface of the ground
which it supports.
(3)
Public Authorities - The provision of these Regulations shall apply to all
public authorities except the Government of Canada and in those cases
where an exception from the Regulations is require to respond to an
emergency or for a public purpose.
(4)
Damages - The Town shall not be liable for any damages for the repair of
any fence whatsoever where the Town, its employees or agents or otherwise
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PART II - GENERAL DEVE"LOPAIE"NT STANDARDS
have acted without negligence. In particular, the Town shall not be liable for
any damages or repairs of any fence whatsoever during the normal operation
of snow clearing on streets or sidewalks located within the Municipal
Planning Area.
(5)
Order to Remove Fence -When in the opinion of the Town, a fence creates
a safety hazard or obstruction or impedes snow-clearing due to its location,
height or construction material, the Town may issue an order to the property
owner stating that the fence or portions thereof be removed, reconstructed
or repaired within a specified time in order to correct the safety hazard or
obstruction and the cost to remove, construct or repair said fence or part
thereof will be at the owner's expense. In the event that the property owner
does not remove the fence within the specified time as ordered, the Town
may remove the fence and the cost to remove, reconstruct or repair said
fence will be at the owner's expense.
(6)
Fence Maintenance - Every person who owns a fence shall maintain such
fence in a good state of repair. For the purpose of this Regulation, "good
state of repair" shall mean:
a)
the fence is complete and in a structurally sound condition and plumb
and securely anchored;
b)
protected by weather -resistant materials;
c)
fence components are not broken, rusted, rotten or in a hazardous
condition;
d)
all stained or painted fences are maintained free of peeling; and
e)
that the fence does not present an unsightly appearance deleterious
to abutting land or to the neighbourhood.
(7)
Fence Materials - The material or materials used in the erection and repair
of a fence, shall only be of a type which meets the approval of the Town.
(8)
Fence Height
a)
Sight Lines - No fence shall be permitted to interfere with traffic sight
lines as determined by the Town.
b)
Street Line to Building Line - The maximum height of a fence shall
not exceed 1.2 metres between the street line and the building line.
except where additional height is required by the Town for screening
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PART 11-GE/\/ERAL DEVELOPMENT STANDARDS
or security, in which case the maximum height of a fence shall not
exceed 2.4 metres.
c)
Building Line to Rear Property Line
The maximum height of a
fence between the building line and the rear property line shall not
exceed 2.4 metres.
(9)
Electrical Fence and Barbed Wire Fence - No person shall erect an electrical
fence or barbed wire fence on any land.
53.
Forestry
Approvals for woodcutting or other forestry related activities must be obtained from
the provincial Department of Natural Resources Forest Management Unit
54.
Home Business
A Home Business can only be permitted as an accessory use if:
a)
the primary use of the property remains residential and the scope and
intensity of the use classes is compatible with the residential uses of the
property and neighbourhood, and the business is operated by a resident of
the dwelling;
b)
sufficient off-street parking space is provided;
c)
no mechanical equipment is used except that compatible with the use of a
dwelling;
d)
no wholesale or retail sale of goods is externally apparent - for example, if
sale of crafts occurs it does not occur through walk-in or drive-in trade;
e)
there is no outdoor storage or display;
f)
a non-illuminated identification sign not exceeding 0.28 m2 in area shall be
permitted on the dwelling provided that the sign is consistent with residential
character of the neighbourhood;
g)
no change in the type, class or extent of the home business shall be
permitted except with the approval of the Town.
55.
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
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PART II GENERAL DEVELOPMA'"'NT STANDARDS
have a lot coverage that exceeds, or a front yard, rear yard, side yard,
frontage or lot area that is less than that permitted by these Regulations for
the zone in which such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as
a yard, it shall continue to be so used regardless of any change in the
ownership of the lot or any part thereof, and shall not be deemed to form part
of an adjacent lot for the purpose of computing the area thereof available for
building purposes.
56.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots
already exist in any zone, with insufficient frontage or area to permit the owner or
purchaser of such a lot or lots to comply with the provisions of these Regulations,
then these Regulations shall not prevent the issuing of a permit by the Town for the
erection of a dwelling thereon, provided that the lot coverage and height are not
greater than, and the yards and floor area are not less than the standards set out
in these Regulations.
57.
Lot Frontage and Road Frontage
Unless the development forms part of a Comprehensive Development, is a
seasonal residence, or falls under a use class within the Non-Building Use Group
of Schedule B, the development must front onto a publicly owned and maintained
road or street that can provide satisfactory access for fire protection and other
emergency services vehicles.
58.
Mineral Exploration
(1)
Subject to the other provisions of these Development Regulations, mineral
exploration which is not classed as development by virtue of appreciable soil
disturbance, construction of access roads, noise, odour and appearance can
be permitted anywhere in the Town, provided that adequate notification is
provided to the Town.
(2)
Mineral exploration which is classed as development is subject to the
following conditions:
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PART II- GENERAL DEVELOPMENT STANDARDS
a)
adequate provision is made for buffering and/or other means of
reducing or eliminating the impacts of the exploration on other uses,
the environment and waterways and wetlands;
b)
where there is soil disturbance, the developer shall provide a site
restoration or landscaping surety and/or other satisfactory guarantees
of site restoration or landscaping to the Town.
(3)
No permit shall be issued by the Town for mineral exploration until the
necessary permits and approvals have been obtained from the Departments
of Natural Resources, Government Services, and Environment and
Conservation, together with any other relevant Provincial agencies.
59.
Mineral Working
(1)
Where permitted, mineral workings are subject to this Regulation, any other
applicable regulations and the approval of the Department of Natural
Resources.
(2)
No residential development shall be permitted closer than 300 metres to a
mineral working unless the Town and the Department of Natural Resources
-
Mineral Lands Division - are satisfied that such development will not
adversely affect the operations of the existing or proposed mineral working.
(3)
Separation from Adjacent Uses - Unless the Town is satisfied that the
working will not create a nuisance and will not adversely affect the amenity
of the specified development or natural feature, no mineral working shall be
located closer than the minimum distances set out below to the specified
development or natural feature:
a)
Existing or Proposed Residential Development
b)
c)
d)
e)
i)
where no blasting is involved
ii)
where blasting is involved
Any Other Existing or Proposed Development
Public Highway or street
Protected Road
Body of water or watercourse
300 metres
1000 metres
150 metres
50 metres
90 metres
50 metres.
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PART II- GENERAL DEVELOPMENT STANDARDS
(4)
Screening - A mineral working shall be screened in the manner described
below where it is visible from a public street or highway, developed area, or
area likely to be developed during the life of the use.
a)
Where tree screens exist between the mineral working and adjacent
public highways and streets or other land uses (excepting forestry and
agriculture), the tree screens shall be retained in a 30-metre wide strip
of vegetation so that visibility of any part of the use from the surround-
ing uses or streets will be prevented. The tree screens must be
maintained by the owner or occupier of the use to retain 30 metres in
a forested appearance. Where vegetation dies or is removed from
the 30-metre strip, the Town may require new trees of a minimum
height of 1 metre be planted to fill in the areas affected to the satis-
faction of the Town or, at the discretion of the Town, condition (4)(b)
must be undertaken.
b)
Where no tree screens exist of sufficient width and density to
constitute a visual screen, earthen berms shall be constructed to a
height sufficient to prevent visibility of any part of the mineral working
from adjacent uses (excepting forestry and agriculture), or adjacent
public highways and streets. The berms shall be landscaped to the
Town's satisfaction.
c)
Where natural topography creates a visual screen between mineral
workings and adjacent public highways and streets or other land uses
(excepting forestry and agriculture), additional screening may not be
required.
d)
Where effective screening for any mineral working or associated
processing or manufacturing use cannot be installed or located as
required above, the Town may refuse to permit the use or associated
activity.
(5)
Fencing - The Town may require the mineral working site or excavated
areas of a pit or quarry working to be enclosed by a fence designed and
constructed to its specifications and no less than 1.8 metres in height
(6)
Water Pollution -
No mineral working or associated storm or sanitary
drainage shall unacceptably reduce the quality of water in any body of water
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PART II- GENERAL DEVELOP!t1ENTSTANDARDS
or watercourse. Any access road to a pit or quarry working which crosses
a brook or stream shall be bridged or culverted at the crossing in accordance
with the Regulations of the Department of Environment and Conservation.
(7)
Water Ponding -
No mineral working or associated storm or sanitary
drainage shall unacceptably reduce the quality of water in any body of water
or watercourse. Any access road to a pit or quarry working which crosses
a brook or stream shall be bridged or culverted at the crossing in accordance
with the Acts and Regulations of the Department of Environment and
Conservation.
(8)
Erosion Control -
No mineral working shall be carried out in a manner so as
to cause erosion of erosion of adjacent land.
(9)
Site Maintenance - The mineral working shall be kept clean of refuse,
abandoned vehicles, and abandoned equipment and any derelict buildings.
(10)
Access Roads - During extended periods of shutdown, access roads to a
mineral working shall be ditched or barred to the satisfaction of the Town.
(11)
Stockpiling Cover Material -
All stumps, organic material and topsoil,
including the rusty coloured and iron stained layer, shall be stripped and
stockpiled at least 5 metres from active quarry or stockpile areas. The owner
or operator shall ensure that the quality of the topsoil is not affected by
dilution with other materials.
(12)
Operating Plant and Associated Processing and Manufacturing
a)
The Town may permit processing and manufacturing use associated
with mineral workings provided that, in the opinion of the Town, the
use does not create a nuisance nor is liable to become a nuisance or
offensive by the creation of noise or vibration, or by reason of the
emission of fumes, dust, dirt, objectionable odour, or by reason of
unsightly storage of materials.
b)
all permanent or temporary buildings, plants and structures
associated with processing and manufacturing will be located so as
not to interfere with the present or future extraction of aggregate
resources.
c)
the Town may specify a minimum separation distance between
operating plant or associated processing and manufacturing structure
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PART II- GENERAL DEVELOPMENT STANDARDS
or equipment and adjacent developed areas likely to be developed
during the life of the mineral working.
(13)
Termination and Site Rehabilitation
Upon completion of the mineral
working, the following work shall be carried out by the operation:
a)
all buildings, machinery and equipment shall be removed;
b)
all pit and quarry slopes shall be graded to slopes less than 20° or to
the slope conforming to that existing prior to the mineral working;
c)
topsoil and any organic materials shall be re-spread over the entire
quarried area;
d)
the access road to the working shall be ditched or barred to the
satisfaction of the Town;
e)
if the mineral working contains reserves of material sufficient to
support further extraction operations, the Town may require the work
described above to be carried out only in areas of the site where
extraction has depleted aggregate reserves.
60.
Non-Conforming Uses
(1)
This Regulation is based upon Section 108 (2) of the Urban and Rural
Planning Act 2000, and Sections 14, 15, and 16 of the Ministerial
Development Regulations.
(2)
Notwithstanding a plan, scheme or regulations made under the Urban and
Rural Planning Act 2000, the Town shall, in accordance with regulations
made under this Act, allow a development or use of land to continue in a
manner that does not conform with a regulation, scheme, or plan that applies
to that land provided that the non-conforming use legally existed before the
registration under section 24 of the Act of the plan, scheme or regulations
made with respect to that kind of development or use.
(3)
Notwithstanding subsection (2), a right to resume a discontinued non-
conforming use of land shall not exceed one year. For the purpose of this
Regulation, discontinuance of a non-conforming use begins when any one
of the following conditions is met:
a)
the building or use of land is clearly vacated or the building is
demolished;
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PART II- GENERAL DEVELOPMENT STANDARDS
b)
the owner or tenant has ceased paying business occupancy taxes for
that use;
c)
the owner or tenant has stated in writing that the use has ceased.
(4)
A building, structure or development that does not conform to a scheme,
plan or regulations made under this Act that is allowed to continue under
subsection (2):
a)
shal I not be internally or externally varied, extended or expanded
unless otherwise approved by the Town;
b)
shall not be structurally modified except as required for the safety of
the building, structure or development;
c)
shall not be reconstructed or repaired for use in the same non-
conforming manner where 50% or more of the value of that building,
structure or development has been destroyed;
d)
may have the existing use for that building, structure or development
varied by the Town to a use that is, in their opinion more compatible
with a plan and regulations applicable to it;
e)
may have the existing building extended by the Town where, in its
opinion that extension is not more than 50% of the existing building;
f)
where the non-conformance is with respect to the standards included
in the Development Regulations, the building,
structure or
development shall not be expanded if the expansion would increase
the non-conformity -
and an expansion must comply with the
development standards applicable to that building, structure or
development.
g)
where the building or structure is primarily zoned and used for
residential purposes, may, in accordance with the appropriate plan
and regulations, be repaired or rebuilt where 50% or more of the
value of that building or structure is destroyed; and
h).
a residential building or structure referred to in the above paragraph
must, where being repaired or rebuilt, be repaired or rebuilt in
accordance with the plan and development regulations applicable to
that building or structure.
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PART 11- GENERAL DEVELOPMENT STANDARDS
(5)
Notice and hearings on change of use -
Where considering a non
conforming building, structure or development under clause 3 d) of this
Regulation and before making a decision to vary an existing use of that
non-conforming building, structure or development, the Town, 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.
61.
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by
causing or promoting fires or other hazards or which may emit noxious, offensive
or dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive
noise or vibration, or create any nuisance that has an unpleasant effect on the
senses unless its use is authorized by the Town and any other authority having
jurisdiction.
62.
Offstreet Loading and Parking Requirements
See Schedule D.
63.
Parks and Playgrounds and Conservation Areas
(1)
Parks and playgrounds can only be allowed in areas which are not
hazardous to their use and, they cannot be operated for commercial
purposes.
(2)
Nothing in these Regulations shall prevent the designation of conservation
areas in any zone.
64.
Public Services and Public Utilities
(1)
Within any zone the Town can permit land to be used in conjunction with the
provision of public services and public utilities if the use of that land is
necessary to the proper operation of the public service or public utility. Such
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PART II- GENERAL DEVELOPMb"NT STANDARDS
facilities are subject to the approval of relevant provincial and federal
departments and agencies.
(2)
The design and location of such public services and public utilities shall take
into consideration their impact on nearby land uses and persons, the
environment and archaeological resources within the Town, along with other
matters that the Town may deem to be significant.
65.
Screening and Landscaping
The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit where, in the opinion of the Town, the
landscaping or screening is desirable to preserve amenity, or protect the
environment.
66.
Service Stations
The following requirements shall apply to all proposed service stations:
a)
all gasoline pumps shall be located on pump islands designed for such
purpose, and to which automobiles may gain access from either side;
b)
pump islands shall be set back at least 4 metres from the front lot line;
c)
accesses shall not be less than 7 metres wide and shall be clearly marked,
and where a service station is located on a corner tot, the minimum distance
between an access and the intersection of street lines at the junction shall
be 10 metres and the lot line between entrances shall be clearly indicated.
67.
Site Development
Before approving any development, the Town shall take into consideration the
adequacy of site grading, drainage and landscaping and the potential of the
development to cause erosion onto and pollution of adjacent development and
lands and bodies of water receiving drainage from the site, along with other similar
matters.
68.
Site Development Quarry and Soil Removal
(1)
If, as part of another development, quarry material is to be removed and sold
or otherwise disposed of, then a separate quarry permit shall be issued once
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PART II GENERAL DEVELOPMENT STANDARDS
development approval is granted by the Town. A copy of this permit must be
forwarded to the Department of Natural Resources, Mineral Lands Division.
(2)
A site development quarry under this Regulation is permitted wherever the
use that the quarry is associated with is permitted.
(3)
A quarry permit issued under this Regulation shall only be valid for the term
of the site development.
(4)
When the work is completed, the area affected shall be suitably landscaped
and drained in accordance with a plan approved by the Town.
(5)
If the site work is extensive, the Town may require the deposit of a surety in
the amount of $500.00 which shall be returned to the developer upon
satisfactory completion of the work.
69.
Street Construction Standards
A new street may not be constructed except in accordance with the design and
specifications laid down by the Town.
70.
Subsidiary Apartments
Subsidiary apartments shall be permitted in single dwellings only, and for the
purposes of calculating lot area and yard requirements, shall be considered part of
the self-contained dwelling.
71.
Unserviced Development
Development lacking municipal services shall be approved by the Department of
Government Services before a permit is issued by the Town.
72.
Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is
reserved to satisfy the yard and other allowances called for in the Use Zone in which
it is located and the allowances shall be retained when the adjacent land is
developed.
73.
Waterways and Wetlands
(1)
The minimum width of a buffer along a waterway or wetland shall be 15 m
from the highwater mark of the stream, river, pond or other body of water. If
Town ofTraytown
Development Regulations 2009
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PART Ill - SUBDIVISION OF LAND
the embankment is steep, then the buffer shall be measured from the top of
the embankment.
(2)
The only uses that can be permitted in the buffer area of a waterway or
wetland are roads, public utilities, trails, trail related accessory uses, and
uses requiring direct access to a body of water. These uses are subject to
the approval of the Water Resources Division of the Department of
Environment and Conservation, Department of Fisheries and Oceans
Canada and where applicable, the Government Service Centre of the
Department of Government Services for Crown Lands and referrals.
(3)
The Town or the Provincial Government may subject development within the
buffer area of a waterway or wetland to an environmental review, and may
approve, approve subject to conditions, or refuse such development. The
matter of adequate and usable legal public access to the waterway shall be
a consideration in the review of an application for a structure within a buffer
and/or waterway.
( 4)
Any development within a waterway or involving the alteration of a waterway
must be approved by or exempted by the: Department of Environment and
Conservation for Crown Lands and referrals; Coast Guard Canada of the
Department of Fisheries and Oceans - Navigable Waters Act; Fish Habitat
Division of the Department of Fisheries and Oceans; Water Resources
Division of the Department of Environment and Conservation.
(5)
If a waterway or wetland is deemed to be minor (intermittent and/or a
drainage course and/or no evidence of fish and/or not apparently significant
for flood control or water rnanagement),such waterways and wetlands shall
wherever possible remain undeveloped and protected by a buffer. If a site
is to be developed, alternatives to covering over or eliminating such
waterways and wetlands shall be explored, including relocation of the
waterway or wetland and/or redesign of the development.
PART Ill - SUBDIVISION OF LAND
74.
Permit Required
No land in the Planning Area shall be subdivided unless a permit for the
development of the subdivision is first obtained from the Town.
Town ofTraytown
Development Regulations 2009
75.
Services to be Provided
Page 34
PART III - SUBDIVISION OF LAND
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Town have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system.
76.
Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has
been reached for the payment of all fees levied by the Town for connection to
services, utilities and streets deemed necessary for the proper development of the
subdivision, and all service levies and other charges imposed under Regulations 12
and 13.
77.
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Town, the development of
a subdivision does not contribute to the orderly growth of the municipality and does
not demonstrate sound design principles. In considering an application, the Town
shall, without limiting the generality of the foregoing, consider:
a)
the location of the land;
b)
the availability of and the demand created for schools, services, and utilities;
c)
the provisions of the Plan and Regulations affecting the site;
d)
the land use, physical form and character of adjacent developments;
e)
the transportation network and traffic densities affecting the site;
f)
the relationship of the project to existing or potential sources of nuisance;
g)
soil and subsoil characteristics;
h)
the topography of the site and its drainage;
i)
natural features such as lakes, streams, topsoil, trees and shrubs;
j)
prevailing winds;
k)
visual quality;
I)
community facilities;
m)
energy conservation;
n)
such other matters as may affect the proposed development
78.
Building Permits Required
Town o/Traytown
Development Regulations 2009
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PART Ill - SUBDIVISION OF LAND
Notwithstanding the approval of a subdivision by the Town, a separate building
permit shall be obtained far each building proposed to be erected in the area of the
subdivision, and no building permit for any building in the area shall be issued until
the developer has complied with all the provisions of these Regulations with respect
to the development of the subdivision.
79.
Form of Application
Application for a permit to develop a subdivision shall be made to the Town in
accordance with Regulation 16.
80.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
81.
Building Lines
The Town may establish building lines for any subdivision street and require any
new building to be located on such building lines.
82.
Land for Public Open Space
( 1)
Before a development commences, the developer shall, if required, dedicate
to the Town, at no cost to the Town, an area of land equivalent to not more
than 10% of the gross area of the subdivision or 25 m2 for every dwelling unit
permitted in the subdivision, whichever is the greater, for public open space,
provided that:
a)
where land is subdivided for any purpose other than residential use,
the Town shall determine the percentage of land to be dedicated;
b)
if, in the opinion of the Town, no public open space is required, the
land may be used for such other public use as the Town may
determine;
c)
the location and suitability of any land dedicated under the provisions
of this Regulation shall be subject to the approval of the Authority but
in any case, the Town shall not accept land which, in its opinion is
incapable of development for any purpose;
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PART III - SUBDIVISION OF LAND
d)
the Town may accept from the developer in lieu of such area or areas
of land the payment of a sum of money equal to the value of the land
which would otherwise be required to be dedicated;
e)
money received by the Town in accordance with Regulation 82(1)(d)
above, shall be reserved by the Authority for the purpose of the
acquisition or development of land for public open space or other
public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Town and may be sold or leased by the Town for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall
be applied against the cost of acquisition or development of any other land
for the purposes of public open space or other public purposes.
(3)
The Town may require a strip of land to be reserved and remain
undeveloped along the banks of any river, brook or pond, and this land may,
at the discretion of the Town, constitute the requirement of land for public
use under Regulation 82(1).
83.
Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall
receive the prior approval of the Town which shall be satisfied on the question of
safe construction and relationship to the adjoining buildings and other structures
within the street reservation.
84.
Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these
Regulations unless the design of the subdivision conforms to the following
standards:
a)
The finished grade of streets shall not exceed 10 percent.
b)
Every cul de sac shall be provided with a turning circle of a diameter of not
less than 30 m.
c)
The maximum length of any cul de sac shall be:
(i)
200m in areas served by or planned to be served by municipal piped
water and sewer services, as shown in the map and letter of
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PART III - SUBDIVISION OF LAND
agreement signed by the Municipality and the Minister of Municipal
and Provincial Affairs in connection with municipal five-year capital
works program eligibility.
(ii)
300m in areas not served by or planned to be served by municipal
piped water and sewer services.
d)
Emergency vehicle access to a cul de sac shall be not less than 3 m wide
and shall connect the head of the cul de sac with an adjacent street.
e)
No cul de sac shall be located so as to appear to terminate a collector street.
f)
New subdivisions shall have street connections with an existing street or
streets.
g)
All street intersections shall be constructed within 5 ° of a right angle and this
alignment shall be maintained for 30 m from the intersection.
h)
No street intersection shall be closer than 60 m to any other street
intersection.
i)
No more than four streets shall join at any street intersection.
j)
No residential street block shall be longer than 490 m between street
intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with the
approved standards of the Town, but in the absence of such standards, shall
conform to the following minimum standards:
Type of Street
Street
Pavem-
Sidewalk
Sidewalk
Reser-
ent
Width
Number
vat ion
Width
Arterial Streets
30 m
15 m
1.5 m
discretion
of Council
Collector Streets
20 m
15 m
1.5 m
2
Local Streets
15 m
9m
1.5 m
1
Service Streets
15 m
9m
1.5 m
discretion
of Council
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PART III - SUBDIVISION OF LAND
I)
No lot intended for residential purposes shall have a depth exceeding four
times the frontage.
m)
Residential lots shall not be permitted which abut a local street at both front
and rear lot lines.
n)
The Town may require any existing natural, historical or architectural feature
or part thereof to be retained when a subdivision is developed.
o)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
85.
Engineer to Design Works and Certify Construction Layout
( 1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters
and catch basins and all other utilities deemed necessary by the Town to
service the area proposed to be developed or subdivided shall be designed
and prepared by or approved by the Engineer. Such designs and
specifications shall, upon approval by the Town, be incorporated in the plan
of subdivision.
(2)
Upon approval by the Town of the proposed subdivision, the Engineer shall
certify all work of construction layout preliminary to the construction of the
works and thereupon the developer shall proceed to the construction and
installation, at his own cost and in accordance with the approved designs
and specifications and the construction layout certified by the Engineer, of
all such water mains, hydrants, sanitary sewers and all appurtenances and
of all such streets and other works deemed necessary by the Town to
service the said area.
86.
Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Town all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of materials
and labour for the construction and installation of all works calculated in accordance
with the Schedule of Fees recommended by the Association of Professional
Engineers of Newfoundland and in effect at the time the work is carried out.
Town ofTraytown
Development Regulations 2009
87.
Street Works May Be Deferred
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PART ill - SUBDJVISJON OF LAND
The construction and installation of all curbs and gutters, catch basins, sidewalks
and paving specified by the Town as being necessary, may, at the Town's
discretion, be deferred until a later stage of the work on the developmemt of the
subdivision but the developer shall deposit with the Town before approval of his
application, an amount estimated by the Engineer as reasonably sufficient to cover
the cost of construction and installation of the works. In the later stage of the work
of development, the Town shall call for tenders for the work of construction and
installation of the works, and the amount so deposited by the developer shall be
applied towards payment of the contract cost. If the contract cost exceeds the
deposit, the developer shall pay to the Town the amount of the excess. If the
contract price is less than the deposit, the Town shall refund the amount by which
the deposit exceeds the contract price. Any amount so deposited with the Town by
the developer shall be placed in a separate savings account in a bank and all
interest earned thereon shall be credited to the developer.
88.
Transfer of Streets and Utilities to Town
(1)
The developer shall, following the approval of the subdivision of land and
upon request of the Town, transfer to the Town, at no cost to the Town, and
clear of all liens and encumbrances:
a)
all lands in the area proposed to be developed or subdivided which
are approved and designated by the Town for public uses as streets,
or other rights-of-way, or for other public use;
b)
all services or public works including streets, water supply and
distribution and sanitary an storm drainage systems installed in the
subdivision that are normally owned and operated by the Town.
(2)
Before the Town shall accept the transfer of lands, services or public works
of any subdivision, the Engineer shall, at the cost to the developer, test the
streets, services and public works installed in the subdivision and certify his
satisfaction with their installation.
(3)
The Town shall not provide maintenance for any street, service or public
work in any subdivision until such time as such street, service or public work
has been transferred to and accepted by the Town.
Town o/Traytown
Development Regulations 2009
89.
Restriction on Sale of Lots
Page 40
PART III - SUBDIVISION OF LAND
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Town is
satisfied that:
a)
the lot can be served with satisfactory water supply and sewage disposal
systems, and;
b)
satisfactory access to a street is provided for the lots.
90.
Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building
types and for landscaping in order to enhance the visual aspects of the
completed development and to make the most use of existing topography
and vegetation.
(2)
Building groupings, once approved by the Town, shall not be changed
without written application to and subsequent approval of the Town.
Town of Tray/own
Development Regulations 2009
91.
Use Zones
PART IV - USE ZONES
Page 41
PART IV - USE ZONES
(1)
For the purpose of these Regulations, the Planning Area is divided into Use
Zones which are shown on the Zoning Map attached to and forming part of
these Regulations.
(2)
Subject to Regulation 91 (3), the permitted use classes, discretionary use
classes, standards, requirements and conditions applicable to each Use
Zone are set out in the Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are
not set out in the Use Zone Tables in Schedule C, the Town may in its
discretion, determine the standards, requirements and conditions which shall
apply.
92.
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables
in Schedule C shall be determined by the Town in accordance with the classification
and examples set out in Schedule B.
93.
Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set
out in the appropriate Use Zone Table in Schedule C shall be permitted by the
Town in that Use Zone.
94.
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes
set out in the appropriate Use Zone Table in Schedule C may be permitted in that
Use Zone if the Town is satisfied that the development would not be contrary to the
general intent and purpose of these Regulations, the Municipal Plan, or any further
scheme or plan or regulation pursuant thereto, and to the public interest, and if the
Town has given notice of the application in accordance with Regulation 23 and has
considered any objections or representations which may have been received on the
matter.
Town of Traytown
Development Regulations 2009
95.
Uses Not Permitted - Prohibited Uses
Page 42
PART IV- USE ZONES
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes
set out in the appropriate Use Zone Tables in Schedule C, shall not be permitted
in that Use Zone and are deemed to be prohibited uses.
Town ofTraytown
Development Regulations 2009
Page 43
SCHEDULE A - DEFJN!T!ONS
SCHEDULE A · DEFINITIONS
A definition marked with an asterix is also included in the Urban and Rural Planning
Act and/or in the Ministerial Development Regulations. Where there is a conflict, the
Act or Ministerial Development Regulations prevail.
ACCESS* means a way used or intended to be used by vehicles, pedestrians or animals
in order to go from a street to adjacent or nearby land or to go from that land to the street.
ACCESSORY BUILDING* includes:
(i)
a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii)
for the case of residential uses, domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetables storage cellars,
shelters for domestic pets, or radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
in the case of industrial uses, garages, offices, raised ramps and docks.
ACCESSORY USE* means the use that is subsidiary to a permitted or discretionary use
and that is customarily expected to occur with the permitted or discretionary use.
ACT*, unless the context indicates otherwise, means the Urban and Rural Planning Act
2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part
for the purposes of advertisement, announcement or direction; excluding such things
employed wholly as a memorial, or functional advertisement of Councils, or other local
authorities, public utilities and public transport undertakers, and including any boarding or
similar structure used or adapted for use for the display of advertisements.
AGRICULTURE means horticulture, fruit growing, grain growing, seed growing, dairy
farming, the breeding or rearing of livestock, including any creature kept for the production
of food, wool, skins, or fur, or for the purpose of its use in the farming of land, the use of
land as grazing land, meadow land, osier land, market gardens and nursery grounds and
the use of land for woodlands where that use is ancillary to the farming of land for any
other purpose. "Agricultural" shall be construed accordingly.
Town ofTraytown
Development Regulations 2009
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SCHEDULE A DEFINITIONS
AMUSEMENT USE means the use of land or buildings equipped for the playing of
electronic, mechanical, or other games and amusements including electronic games,
pinball games and slot machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
1 bull;
1 OOO broiler chickens or roosters (1.8 - 2.3 kg each);
1 cow (including calf);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
APARTMENT BUILDING means a building containing three or more dwelling units, but
does not include a row dwelling.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT* means a person who has applied to an authority for an approval or permit
to carry out a development.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic
arteries of the area and defined as arterial streets or highways in the Municipal Plan or on
the Zoning Map.
AUTHORITY* means a council, authorized administrator or regional authority.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment for
paid temporary accommodation for up to sixteen (16) overnight guests that may include
a dining room for the use of overnight guests and their invitees. The establishment must
be registered with and receive a rating from Canada Select and also must be approved by
the Provincial Department of Tourism, Culture and Recreation as a Bed and Breakfast
operation.
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
Town ofTraytown
Development Regulations 2009
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SCHEDULE A - DEFINITIONS
BUILDING* means
(i)
a structure, erection, alteration or improvement placed on, over or under land
or attached, anchored or moored to land,
(ii)
mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar uses,
(iii)
a part of and fixtures on buildings referred to in subparagraphs (i) and (ii),
and
(iv)
an excavation of land whether or not that excavation is associated with the
intended or actual construction of a building or thing referred to in
subparagraphs (i) to (ii).
BUILDING HEIGHT* means the vertical distance, measured in metres,
from the
established grade to:
(i)
the highest point of the roof surface of a flat roof,
(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.
BUILDING LINE* means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that building may be placed.
CAMPGROUND means the use of land for the accommodation of travel trailers,
recreational vehicles, and/or tents.
COLLECTOR STREET means a street that is designed to link local streets with arterial
streets and which is designated as a collector street in the Municipal Plan, or on the Zoning
Map.
DAYCARE CENTRE or DAY NURSERY means a building or part of a building in which
services and activities are regularly provided to children of pre-school age during the full
daytime period as defined under the Day Nurseries Act, but does not include a school as
defined by the Schools Act.
DECK means a raised structure that has a walking surface within one storey of the
established grade at the ground level of that face of the building, that may or may not be
attached to a main or principal building, and does not have a permanent roof.
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Page 46
SCHEDULE A - DEFINITIONS
DEVELOPMENT means the carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the use, or
the intensity of use of any land, buildings, or premise and without limiting the generality of
the foregoing, shall specifically include:
(i)
the making of an access onto a highway, road or way;
(ii)
the erection of an advertisement or sign;
(iii)
the parking of a trailer, or vehicle of any description used for the sale of
refreshments or merchandise, or as an office, or for living accommodation,
for any period of time;
and shall exclude:
(iv)
the carrying out of works for the maintenance, improvement or other
alteration or any building, being works which affect only the interior of the
building or which do not materially affect the external appearance or use of
the building;
(v)
the carrying out by a highway authority of any works required for the
maintenance or improvement of a road, being works carried out on land
within the boundaries of the road reservation;
(vi)
the carrying out by any local authority or statutory undertakers of any works
for the purpose of inspecting, repairing or renewing any sewers, mains,
pipes, cables or other apparatus, including the breaking open of any street
or other land for that purpose;
(vii)
the use of any building or land within the courtyard of a dwelling house for
any purpose incidental to the enjoyment of the dwelling house as such.
DEVELOPMENT REGULATIONS* means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
DIRECTOR means the Director of Urban and Rural Planning.
DISCRETIONARY USE* means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations.
DOUBLE DWELLING means a building containing two dwelling units, placed one above
the other, or side by side, but does not include a self-contained dwelling containing a
subsidiary apartment.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms
used or designed as the living quarters for one household.
ENGINEER means a professional engineer employed or retained by the Town.
Town of Traytown
Development Regulations 2009
ESTABLISHED GRADE* means,
Page 47
SCHEDULE A - DEFINITIONS
(i)
where used in reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average elevation
of the finished grade of the ground immediately surrounding the structure exclusive
of any artificial embankment or entrenchment.
FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no
more than six (6) persons exclusive of staff in a home-like setting. Subject to the size
limitation, this definition includes, but is not limited to, the facilities called "Group Homes",
"Half\Nay House", and "Foster Home".
FLOOR AREA* means the total area of all floors in a building measured to the outside face
of exterior walls.
FRONTAGE* means the horizontal distance between side lot lines measured at the
building line.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front
wall of the main building on the lot.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use
to a main building on the lot.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing,
breaking up, demolishing, or treating any article, commodity or substance. "Industry" shall
be construed accordingly.
GENERAL GARAGE means land or buildings used exclusively for repair, maintenance and
storage of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes
involving the use of materials or processes which because of their inherent characteristics,
constitute a special fire, explosion, radiation or other hazard.
HOME BUSINESS means a secondary use of a dwelling and/or its accessory building by
at least one of the residents of the dwelling to conduct a gainful occupation or business
activity.
INSPECTOR means any person appointed and engaged as an Inspector by the Town or
by any federal or provincial authority or the agent thereof.
INSTITUTION means a building or part thereof occupied or used by persons who:
Town o/Traytown
Development Regulations 2009
Page 48
SCHEDULE A - DEFINITIONS
a)
are involuntarily detained, or detained for penal or correctional purposes, or
whose liberty is restricted, or;
b)
require special care or treatment because of age, mental or physical
limitations or medical conditions.
LAND* includes land covered by water, and buildings and structures on, over, or under the
soil and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY means the use of any land or buildings for any general industrial use
that can be carried out without hazard or intrusion and without detriment to the amenity of
the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash,
dust, glare or appearance.
LOCAL STREET means a street designed primarily to provide access to adjoining land
and which is not designated as a collector street or arterial street in the Municipal Plan, or
on the Zoning Map.
LODGING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
LOT* means a plot, tract or parcel of land which can be considered as a unit of land for
a particular use or building.
LOT AREA* means the total horizontal area within the lines of the lot.
LOT COVERAGE* means the combined area of all buildings on the Jot measured at the
level of the lowest floor above the established grade and expressed as a percentage of the
total area of the lot.
MARINA means a dock or basin together with associated facilities where slips, moorings,
supplies, repairs, and other services that are typically available for boats and other
watercraft, including storage, sales and rentals, with or without a club house and catering
facilities. It can also include a fishing stage or shed associated with a dock or wharf.
MINERAL EXPLORATION means the activity of searching for minerals or mineral
occurrences, including oil exploration, wherein, for the purposes of these Regulations it
takes the form of development - that is visible and appreciable disturbance to soil.
MINERAL WORKING means land or buildings used for the working or extraction of
construction aggregates.
MINING means land or buildings used for the extraction of ores, salts, oil and/or natural
gas.
MOBILE HOME means a transportable factory-built single family dwelling unit:
Town of Traytown
Development Regulations 2009
Page 49
SCHEDULE A DEFTNITIONS
a)
which complies with space standards substantially equal to those laid down
in the Canadian Code for Residential Construction and is in accordance with
the construction standards laid down and all other applicable Provincial and
Municipal Codes and;
b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot, and
subsequently supported on its own wheels, jacks, posts or piers, or on
a permanent foundation and;
(ii)
connected to exterior public utilities approved by the Town, namely,
piped water, piped sewer, electricity and telephone, in order for such
mobile home unit to be suitable for year round term occupancy.
MOBILE HOME PARK means a mobile home development under single or joint
ownership, cared for and controlled by a mobile home park operator where individual
mobile home lots are rented or leased with or without mobile home units placed on them
and where ownership and responsibility for the maintenance and development of site
facilities including underground services, access roads, communal areas, snowclearing and
garbage collection, or any of them, are the responsibility of the mobile home park
management, and where the mobile home development is classified as a mobile home
park by the Town.
MOBILE HOME SUBDIVISION means a mobile home development requiring the
subdivision of land whether in single or joint ownership into two or more pieces or parcels
of land for the purpose of locating thereon mobile home units under either freehold or
leasehold tenure and where the maintenance of streets and services is the responsibility
of a municipality or public authority, and where the mobile home development is classified
as a mobile home subdivision by the Town.
NON-CONFORMING USE* means a legally existing use that is not listed as a permitted
or discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone.
OWNER* means a person or an organization of persons owning or having the legal right
to use the land under consideration.
PERMITTED USE* means a use that is listed within the permitted use classes set out in
the use zone tables of an authority's development regulations.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
Town ofTraytown
Development Regulations 2009
Page 50
SCHEDULE A - DEFINITIONS
PRINCIPAL BUILDING(S) means the building or buildings in which the primary use of the
lot on which the building is located is conducted. This term is interchangeable with the term
Main Building.
PROHIBITED USE* means a use that is not listed within the permitted use classes set out
in the use zone tables of an authority's development regulations.
REAR YARD DEPTH* means the distance between the rear lot line and the rear wall of
the main building on the lot.
RESTAURANT means a building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with meals or refreshments for
consumption on the premises.
ROW DWELLING means a dwelling containing three or more dwelling units at ground level
in one building, each unit separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal
or recreational use, and is not intended for use as permanent living quarters.
SERVICE STATION means any land or building used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of motor
vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the
purpose of limiting direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary purpose
is the selling or offering for sale of goods, wares or merchandise by retail or the selling or
offering for sale of retail services but does not include an establishment wherein the
primary purpose is the serving of meals or refreshments, an amusement use, a general
garage, or a service station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing a minimum of
5 retail establishments.
SHOWROOM means a building or part of a building in which samples or patterns are
displayed and in which orders may be taken for goods, wares or merchandise, including
vehicles and equipment, for later delivery.
SIDE YARD DEPTH* means the distance between the side lot line and the nearest side
wall of a building on the lot. See also Building Line and Yards.
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
Town ofTraytown
Development Regulations 2009
Page 51
SCHEDULE A - DEFINITIONS
advertisement, announcement or direction and excludes those things employed wholly as
a memorial, advertisements of local government, utilities and boarding or similar structures
used for the display of advertisements.
STREET* means a street, road or highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other emergency
vehicles.
STREET LINE* means the edge of a street reservation as defined by the authority having
jurisdiction.
SUBDIVISION* means the dividing of any land, whether in single or joint ownership, into
two or more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
TAKE-OUT FOOD SERVICE means a building in which the primary purpose is the
preparation and sale of meals or refreshments for consumption off the premises.
TAVERN: includes a nightclub and means a building licensed or licensable under the
Liquor Control Act wherein meals and food may be served for consumption on the
premises and in which entertainment may be provided.
USE* means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE* means an area of land including buildings and water designated on
the Zoning Map to which the uses, standards and conditions of a particular use zone table
in Schedule C of the Regulations relate.
VARIANCE* means a departure, to a maximum of 10% from the yard area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use
Zone Table of the authority's regulations.
WETLAND means an area which is saturated by surface or ground water sufficient to
support, and which under normal circumstances supports a prevalence of vegetation
typically adapted for life in the saturated soil conditions, and includes swamps, marshes,
bogs, fens and similar areas.
YARD means an open uncovered space on a lot appurtenant to a building (except a court)
and unoccupied by buildings or structures except as specifically permitted elsewhere in
these Regulations.
ZONING MAP* means the map or maps attached to and forming part of the Regulations.
Town o.fTraytown
Development Regulations 2009
Page 52
SCHEDULE B - CLASS!F!CATJON OF USES
SCHEDULE 8
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Motion Picture Theatres,
T.V. Studios admitting an
audience.
ASSEMBLY USES
Cultural and Civic
Libraries, Museums, Art
Galleries, Court Rooms,
Meeting Rooms, Council
Chambers
ASSEMBLY USES
Protection
Police and Fire Stations
ASSEMBLY USES
General Assembly
Community Halls, Lodge
Halls, Dance Halls,
Gymnasia, Auditoria.
Bowling Alleys
ASSEMBLY USES
Educational
Schools, Colleges (non-
residential)
ASSEMBLY USES
Place of Worship
Churches and similar places
of worship, Church Halls
ASSEMBLY USES
Passenger Assembly
Passenger Terminals
ASSEMBLY USES
Club and Lodge
Private Clubs and Lodges
(non-residential)
ASSEMBLY USES
Catering
Restaurants, Bars, Lounges
ASSEMBLY USES
Funeral Horne
Funeral Hornes and Chapels
ASSEMBLY USES
Child Care
Day Care Centres
ASSEMBLY USES
Amusement
Electronic Garnes Arcades,
Pinball Parlours, Poolroorns
ASSEMBLY USES
Indoor Assembly
Arenas, Armouries, Ice
Rinks, Indoor Swimming
Pools
Town ofTraytown
Development Regulations 2009
Page 53
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Outdoor Assembly
Bleachers, Grandstands,
Outdoor Ice Rinks and
Swimming Pools,
Amusement Parks and Fair-
grounds, Exhibition
Grounds, Drive-in Theatres
ASSEMBLY USES
Campground
Campgrounds, Recreational
Vehicle and Travel Trailer
Campgrounds
INSTITUTIONAL
Penal and Correctional
Jails, Penitentiaries, Police
USES
Detention
Stations (with detention
quarters), Prisons,
Psychiatric, Hospitals (with
detention quarters),
Reformatories
INSTITUTIONAL
Medical Treatment and Special
Children's Homes,
USES
Care
Convalescent Homes
Homes for Aged, Hospitals,
Infirmaries
RESIDENTIAL
Single Dwelling
Single Detached Dwellings,
USES
Family & Group Homes
RESIDENTIAL
Double Dwelling
Semi-detached Dwelling,
USES
Duplex Dwellings, Family &
Group Homes
RESIDENTIAL
Row Dwelling
Row Houses, Town Houses,
USES
Family & Group Homes
RESIDENTIAL
Apartment Building
Apartments, Family & Group
USES
Homes
Town of Traytown
Development Regulations 2009
Page 54
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLE
RESIDENTIAL
Collective Residential
Residential Colleges &
Schools, University &
College Halls of Residence,
Convents & Monasteries,
Nurses and Hospital
Residences
RESIDENTIAL
Boarding House Residential
Boarding Houses, Lodging
and/or Bed and Breakfast
Houses, Bed and Breakfast
RESIDENTIAL
Commercial Residential
Hotels & Motels, Hostels,
Residential Clubs
RESIDENTIAL
Seasonal Residential
Summer Homes & Cabins,
Hunting & Fishing Cabins
RESIDENTIAL
Mobile Homes
Mobile Homes
BUSINESS &
Office
Offices (including
PERSONAL
Government Offices), Banks
SERVICE
BUSINESS &
Medical and Professional
Medical Offices and
PERSONAL
Consulting Rooms,
SERVICE
Dental Offices & Surgeries,
Legal Offices & Similar
Professional Offices
BUSINESS &
Personal Service
Barbers, Hairdressers,
PERSONAL
Beauty Parlours, Small
SERVICE
Appliance Repairs
BUSINESS &
General Service
Self-service Laundries, Dry
PERSONAL
Cleaners (not using
SERVICE
flammable or explosive
substances), Small Tool and
Appliance Rentals, Travel
Agents
Town ofTraytown
Development Regulations 2009
Page 55
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
BUSINESS &
Communications
Radio Stations, Telephone
PERSONAL
Exchanges
SERVICE
BUSINESS &
Police Station
Police Stations without
PERSONAL
detention quarters
SERVICE
BUSINESS &
Taxi Stand
Taxi Stands
PERSONAL
SERVICE
BUSINESS &
Take-out Food Service
Take-out Food Service
PERSONAL
SERVICE
BUSINESS &
Veterinary
Veterinary Surgeries
PERSONAL
SERVICE
MERCANTILE
Shopping Centre
Shopping Centres
MERCANTILE
Shop
Retail Shops and Stores and
Showrooms, Department
Stores
MERCANTILE
Indoor Market
Market Halls, Auction Halls
MERCANTILE
Outdoor Market
Market Grounds, Animal
Markets, Produce and Fruit
Stands, Fish Stalls
MERCANTILE
Convenience Store
Confectionary Stores,
Corner Stores, Gift Shops,
Specialty Shops
Town ofTraytown
Development Regulations 2009
Page 56
SCHEDULE B - CLASSIFIC'ATJON OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
INDUSTRIAL
Hazardous Industry
Bulk Storage of hazardous
liquids and substances,
Chemical Plants, Distilleries
Feed Mills, & Lacquer,
Mattress, Paint, Varnish,
and Rubber Factories, Spray
Painting
INDUSTRIAL
General Industry
Factories, Cold Storage
Plants, Freight Depots
General Garages,
Warehouses, Workshops,
Laboratories, Laundries,
Planing Mills, Printing
Plants, Contractors' Yards
INDUSTRIAL
Service Station
Gasoline Service Stations,
Gas Bars, Car Wash
INDUSTRIAL
Light Industry
Light Industry, Parking
Garages, Indoor Storage,
Warehouses, Workshops
NON-BUILDING
Agriculture
Commercial Farms, Hobby
Farms, Market Gardens &
Nurseries
NON-BUILDING
Forestry
Tree Nurseries, Silviculture
NON-BUILDING
Mineral Exploration
Mineral Exploration
NON-BUILDING
Mineral Working
Quarries, Pits
NON-BUILDING
Mining
Mining, Oil Wells
Town o/Traytown
Development Regulations 2009
Page 57
SCHEDULE B - CLASSIFICATION OF USES
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
NON-BUILDING
Recreational Open Space
Playing Fields, Sports
Grounds, Parks,
Playgrounds, Recreational
Trails
NON-BUILDING
Conservation
Watersheds, Buffer Strips,
Flood Plains, Architectural,
Historical and Scenic Sites,
Steep Slopes, Wildlife
Sanctuaries
NON-BUILDING
Cemetery
Cemeteries, Graveyards
NON-BUILDING
Scrap Yard
Car Wrecking Yards, Junk
Yards, Scrap Dealers
NON-BUILDING
Solid Waste
Solid Waste Disposal,
Sanitary Land Fill,
Incinerators
NON-BUILDING
Animal
Animal Pounds, Kennels,
Zoos
NON-BUILDING
Antenna
TV, Radio and
USES
Communications
Transmitting and Receiving
Masts and Antennae
NON-BUILDING
Utilities
Wind Mills, Wind Turbines,
Wind Farms, & related
facilities
NON-BUILDING
Transportation
Airfields, Docks and
Harbours
NON-BUILDING
Marina
Marina, Yacht Club, Boating
Club, Boat House, Fishing
Stage
Town ofTraytown
Development Regulations 2009
Page 58
SCHEDULEC
NOTE:
SCHEDULE C
USE ZONE TABLES
This schedule contains tables showing the use classes which may be
permitted or which may be treated as discretionary use classes for the pur-
pose of these Regulations. The tables also indicate the required standards
of development and may also include conditions affecting some or all of the
use classes. Together with Schedule C, the requirements under the
headings of: Application; Parts I, II, Ill and IV; and Schedules A, B, and
D must be considered, along with other relevant matters, before a permit is
issued by the Town.
The schedule contains tables for the following Use Zones:
Residential (R)
Mixed Development (MD)
Highway Commercial (HC)
Wellhead Protection (WP)
Rural (RU)
Mineral Working (MW))
Sensitive Area (SN)
Town of Traytown
Development Regulations - 2009
ZONE TITLE
USE ZONE TABLE
RESIDENTIAL (R) ZONE
RESIDENTIAL (R)
PERMITTED USE CLASSES - (see Regulation 93)
Page 59
SCHEDULE C - R ZONE
Bed and Breakfast, Conservation, Recreational Open Space and Single Dwelling.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 94)
Antenna, Apartment Building, Child Care, Double Dwelling, Educational, Family and
Group Care Centre, Fishing and Marine Uses, General Assembly, Mobile Home,
Outdoor Assembly, Place of Worship, Row Dwelling, Subsidiary Apartment and
Transportation.
CONDITIONS FOR THE RESIDENTIAL ZONE
1.
General
Development Standards
-
Unserviced
and
Semi-Serviced
Development, Infilling Variances, Other Development Standards
(1)
Unserviced Development
a)
Where the development lacks municipal water and sewer services
(unserviced) the minimum lot size is as determined by the Department
of Government Services or 1860 m2 per single dwelling and subsidiary
apartment, 1,395 m2 per dwelling unit in a double dwelling, whichever
is greater.
b)
The minimum lot frontage shall be as determined by the Department
of Government of Services or 30 metres minimum, whichever is
greater.
c)
Other development, the minimum lot area and frontage is as
determined by the Department of Government Services
(2)
Semi-serviced Development:
a)
For semi-serviced building lots (lots where water or sewage disposal
services will be provided off-site), the minimum lot size is as
Town ofTraytown
Page 60
SCHEDULE C - R ZONE
Development Regulations - 2009
determined by the Department of Government Services or a minimum
lot size of 1,400 m2 per single dwelling and subsidiary apartment,
1, 160 m2 per dwelling unit in a double dwelling. A minimum frontage
of 23 metres is required throughout the entire area in which the
absorption field (distribution box to end of absorption trenches) is to
be installed. The area must be sufficient to accommodate the septic
system while maintaining separation distances and have sufficient
space for the installation of a replacement system.
b)
Other development, the minimum lot area and frontage shall be as
determined by the Department of Government Services.
(3)
Infilling Variance
(4)
Where unserviced or semi-serviced land is surrounded by development
which prohibits expansion and where approval cannot be awarded because
the proposed lot size does not comply with the minimum lot size and width
requirements, the requirements to literal conformity may be varied if:
a)
the variance amounts to no more than a twenty percent (20%)
reduction in the requirements;
b)
the variance is not contrary to the general intent and purpose of the
policy and procedure as set out in the Private Sewage Disposal and
Water Supply Standards;
c)
the application of the variance would not interfere with the
maintenance of required distance separations and sewage system
dimensions;
d)
the application of the variance would not undermine the quality of
adjacent property or pose a hazard to human health;
e)
the application of the variance is related to the specific property and
is not general to land within the area;
f)
the particular practical difficulties for the owner or developer are
distinguishable from a mere inconvenience or desire to acquire
monetary gain.
Other Requirements
a)
Building Line Setback all development (minimum)
6m
Town o/Traytown
Development Regulations - 2009
b)
c)
d)
e)
f)
Floor Area per dwelling unit (minimum)
Sideyard Width all development (minimum)
Rearyard Depth all development (minimum)
Lot Coverage All Buildings (maximum)
Height (maximum)
2.
Accessory Buildings
See Regulations 30 and 31.
3.
Backland Development
Page 61
SCHEDULE C - R ZONE
80 m2
2m
8m
33%
Sm
If Council determines that an area has potential as a future residential subdivision,
a 15 metre road reservation must be maintained. Council will satisfy itself that the
backlot and road reservation are situated to allow for future residential subdivision
development.
4.
Backlot Development
Most single dwellings, double dwellings, mobile homes and seasonal dwellings shall
front onto a public road or will be part of a new residential subdivision with roads
built to Council standards. The following conditions shall apply to residential
building lots that do not front onto a public road:
(1)
All backlots shall have permanent access to a public road. The minimum
access width shall be 6 metres.
The responsibility for the acquisition,
construction, care and maintenance, of the access shall rest with the
adjacent property owners.
(2)
Only a single dwelling, seasonal dwelling or mobile home shall be permitted
to develop on a lot that does not front onto a public road.
(3)
Municipal sewer and/or water services and/or on-site system must be
provided. Clearance for municipal services must be obtained and provided
at the developer's expense.
(4)
Council must review the development proposal to ensure that the dwelling
will not block access to backland with development potential.
Town ofTraytown
Development Regulations - 2009
Page 62
SCHEDULE C - R ZONE
5.
Bed and Breakfast, Boarding House, Hospitality Home
See Regulation 41.
6.
General Assembly
(1)
General assembly uses are limited to meeting halls operated by churches,
service clubs or other similar organizations and must be acceptable with
respect to nearby residential development.
(2)
Where permitted as a discretionary use, a general assembly use shall
conform to the frontage, building line setback, sideyard, rearyard, lot
coverage and height requirements specified for a single dwelling.
(3)
Proper vehicular and pedestrian access and parking shall be provided in
accordance with Schedule D of these Regulations.
7.
Home Business
See Regulations 32 and 54. A workshop or similar type of business conducted in
an accessory building may only be permitted at the discretion of the Town.
8.
Place of Worship
Where permitted as a discretionary use, a place of worship shall conform to the
frontage, building line setback, sideyard, rearyard, lot coverage and height
requirements specified for a single dwelling.
9.
Quarry Buffer
No new dwelling shall be permitted within 300 metres of an area under a Quarry
Permit from the Department of Natural Resources, Mineral Lands Division.
10.
Transportation
Transportation uses are limited to wharves and docks and related uses - for
example, fishing stages.
11.
Wells
The Town shall direct new development away from any dug well and water line
providing domestic water. Any new development must be serviced by a private on-
site well or be connected to a municipal water line.
Town ofTraytown
Development Regulations 2009
USE ZONE TABLE
Page 63
SCHEDULE C - MD ZONE
MIXED DEVELOPMENT (MD) ZONE
ZONE TITLE
MIXED DEVELOPMENT IMD\
PERMITTED USE CLASSES - (see Regulation 93)
Bed and Breakfast, Child Care, Conservation, Office, Personal Service, Recreational
Open Space. Seasonal Dwellina and Sinale Dwellina.
DISCRETIONARY USE CLASSES (see Regulations 23 and 94)
Amusement, Antenna, Apartment Building, Catering, Cemetery, Child Care, Club and
Lodge, Commercial Residential, Communications, Convenience Store, Cultural and
Civic, Double Dwelling, Educational, Funeral Home, General Assembly, General
Industry, General Service, Indoor Market, Light Industry, Mobile Home, Office, Medical
and Professional, Outdoor Market, Passenger Assembly, Personal Service, Place of
Worship, Police Station, Row Dwelling, Service Station, Shop, Take-out Food Service,
Taxi Stand, Theatre, Transportation and Veterinary.
OTHER CONDITIONS FOR THE MIXED DEVELOPMENT ZONE
1.
Development Standards
(1)
The development standards (non-residential) for this zone shall be as
follows:
a)
Lot Area and Lot Frontage - as determined by the Department of
Government Services for unserviced and semi (partially) serviced
development (See Residential Zone)
b)
Minimum Building Line Setback
10 metres
c)
Minimum Sideyards Width
6 metres
d)
Minimum Rearyard Depth
8 metres
e)
Maximum Height
10 metres
(2)
Residential development shall conform to the standards of the Residential
Zone.
2.
Accessory Buildings
See Regulations 30 and 31.
3.
Backland Development
Town of Traytown
Development Regulations 2009
Page 64
SCHEDULE C- MD ZONE
If Council determines that an area has potential as a future residential subdivision,
a 15 metre road reservation must be maintained. Council will satisfy itself that the
backlot and road reservation are situated to allow for future residential subdivision
development.
4.
Backlot Development
Most single dwellings, double dwellings, mobile homes and seasonal dwellings shall
front onto a public road or will be part of a new residential subdivision with roads
built to Council standards. The following conditions shall apply to residential
building lots that do not front onto a public road:
(1)
All backlots shall have permanent access to a public road. The min'1mum
access width shall be 6 metres.
The responsibility for the acquisition,
construction, care and maintenance, of the access shall rest with the
adjacent property owners.
(2)
Only a single dwelling, seasonal dwelling or mobile home shall be permitted
to develop on a lot that does not front onto a public road.
(3)
Municipal sewer and/or water services and/or on-site system must be
provided. Clearance for municipal services must be obtained and provided
at the developer's expense.
(4)
Council must review the development proposal to ensure that the dwelling
will not block access to backland with development potential.
5.
Bed and Breakfast, Boarding House, Hospitality Home
See Regulation 41.
6.
General Assembly
(1)
General assembly uses are limited to meeting halls operated by churches,
service clubs or other similar organizations and must be acceptable with
respect to nearby residential development.
(2)
Where permitted as a discretionary use, a general assembly use shall
conform to the frontage, building line setback, sideyard, rearyard, lot
coverage and height requirements specified for a single dwelling.
(3)
Proper vehicular and pedestrian access are required as specified in Part II
of these regulations. Off-street parking shall be provided in accordance with
Schedule D of these Regulations.
7.
General Industry
General Industry may only be permitted in this Zone if it is related to a fishing or
marine type of use.
8.
Home Business
See Regulations 32 and 54. A workshop or similar type of business conducted in
an accessory building may only be permitted at the discretion of the Town.
Town ofTraytown
Development Regulations 2009
9.
Non-Residential Buffer
Page 65
SCHEDULE C - MD ZONE
Where any non-residential use abuts an existing residential use or a residential
zone, the owner of the site of the non-residential development may be required to
provide a buffer strip between any non-residential building or activity and the
residential use or zone. The buffer shall include the provision of grass strips,
hedges, trees or shrubs, or structural barriers as may be required by the Town, and
shall be maintained by the owner or occupier to the satisfaction of the Town.
10.
Outdoor Storage
The Town can permit open storage of materials, goods and machinery associated
with a permitted or discretionary use provided:
a)
the open storage is not located in the front yard; and
b)
is properly fenced screened.
11.
Place of Worship
Where permitted as a discretionary use, a place of worship shall conform to the
frontage, building line setback, sideyard, rearyard, lot coverage and height
requirements specified for a single dwelling.
12.
Quarry Buffer
No new dwelling shall be permitted within 300 metres of an area under a Quarry
Permit from the Department of Natural Resources, Mineral Lands Division.
13.
Transportation
Unless it is an accessory use, transportation uses are limited to wharves and docks
and related uses - for example, fishing stages.
14.
Wells
The Town shall direct new development away from any dug well and water line
providing domestic water. Any new development must be serviced by a private on-
site well or be connected to a municipal water line.
Town ofTraytown
Development Regulations 2009
Page 66
SCHEDULE C - HC ZONE
USE ZONE TABLE
HIGHWAY COMMERCIAL (HCl ZONE
ZONE TITLE
HIGHWAY COMMERCIAL (HC)
PERMITTED USE CLASSES - (see Regulation 93)
Catering, Commercial Residential, Conservation, Passenger Assembly and Service
Station
DISCRETIONARY USE CLASSES (see Regulations 23 and 94)
Antenna, Convenience Store, Indoor Market, Mineral Exploration, Outdoor Assembly,
Outdoor Market, Recreational Open Space, Take-out Food Service, and Taxi Stand.
CONDITIONS FOR THE HIGHWAY COMMERCIAL ZONE
1.
Development Standards
( 1)
All development in this Zone is subject to the approval of the Department of
Government Services.
(2)
(3)
(4)
(5)
Minimum Building Line Setback
Minimum Sideyard Width
Minimum Rearyard Depth
Maximum Height
2.
Outdoor Storage
15 metres
5 metres
10 metres
10 metres
The Town can permit open storage of materials, goods and machinery associated
with a permitted or discretionary use provided:
a)
the open storage is not located in the front yard; and
b)
the Town may require open storage to be fenced or screened.
3.
Trans Canada Highway
The Town shall refer all applications for development located within 100 metres of
the centre line of the Trans Canada Highway to the Department of Government
Services for approval.
Town of Traytown
Development Regulations 2009
4.
Wells
Page 67
SCHEDULE C - HC ZONE
The Town shall direct new development away from any dug well and water line
providing domestic water. Any new development must be serviced by a private on-
site well or be connected to a municipal water line.
Town of Traytown
Development Regulations 2009
Page 68
SCHEDULE C - WP ZONE
USE ZONE TABLE
WELLHEAD PROTECTION (WP) ZONE
ZONE TITLE
WELLHEAD PROTECTION (WP)
PERMITTED USE CLASSES - (see Regulation 93)
Conservation
CONDITIONS FOR THE WELLHEAD PROTECTION ZONE
1.
Tree Removal and Excavation
No tree removal or excavation shall be permitted in the Wellhead Protection Zone
because of the potential impact on the quality and quantity of domestic well water
and possible damage to the recharge area surrounding the wells.
2.
Buildings
No buildings shall be permitted in the Wellhead Protection zone.
3.
Other Conditions
(1)
Any development except renovations to an existing structure, fences and
minor landscaping shall be referred to the Department of Environment and
Conservation for approval before a permit is issued by the Town.
(2)
The following chemicals/activities are prohibited unless it has been proven
to the satisfaction of the Minister of Environment and Conservation that such
uses will not cause deterioration of the quality of the water supply over the
long term and that measures satisfactory to the Minister have been
undertaken to prevent leaks or contamination from tanks and other storage
facilities into the aquifer of the well or wells:
a)
petroleum fuels in excess of 25 L;
b)
petroleum solvents in excess of 10 L;
c)
chlorinated solvents in excess of 10 L;
d)
pesticides and preservatives in excess of 10 L;
Town ofTraytown
Development Regulations 2009
e)
new sewerage systems
f)
manure storage;
g)
manure application;
h)
mining and aggregate removal;
i)
inorganic fertilizers (no bulk storage);
j)
forestry (salvage cutting permitted);
k)
sawmill operations;
I)
groundwater extraction(non private wells);
m)
groundwater heat pumps;
n)
road salt (no bulk storage);
o)
waste disposal.
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SCHEDULE C - WP ZONE
(3)
Tanks and other material containment facilities shall be inspected at least
once a year to ensure their soundness in accordance with the standards
established by the Minister of Environment and Conservation.
Town o{Traytown
Development Regulations 2009
ZONE TITLE
USE ZONE TABLE
RURAL (RU) ZONE
Rural (RU)
PERMITTED USE CLASSES - (see Regulation 93)
Page 70
SCHEDULE C - RU ZONE
Agriculture, Conservation, Forestry, Mineral Exploration and Transportation.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 94)
Animal, Antenna, Cemetery, General Industry, Indoor Assembly, Light Industry, Mineral
Working, Outdoor Assembly, Recreational Open Space and Single Dwelling.
CONDITIONS FOR THE RURAL ZONE
1.
General Development Standards
The minimum lot area, frontage and front, rear and side yards shall be as
determined by the Town, subject to the approvals of the Agrifoods,
Forest
Resources and Mines Divisions of the Department of Natural Resources and the
Department of Government Services. Applications shall also be referred to other
departments and agencies as required.
2.
Industrial Uses
Industrial uses related to the maintenance and repair of equipment, processing and
storage related to agriculture or forestry uses or a proposed use that is unsuitable
for urban locations may take place at suitable sites at Council's discretion.
Screening, landscaping, and building and property maintenance to the satisfaction
of Council shall be required. The development must be sufficiently separated from
residential and other urban development and must not have negative offsite
environmental or visual effects.
3.
Mineral Workings
(1)
Council may permit mineral workings subject to the conditions specified for
operations set out in Part II of these Regulations.
Town ofTraytown
Development Regulations 2009
Page 71
SCHEDULE C - RU ZONE
(2)
No new quarry activity shall be permitted within 300 metres of the rear
boundary of the cemetery on Pinetree Road in Ploughed Grounds.
4.
Single Dwelling
A single dwelling may be permitted only as accessory to a permitted use. A dwelling
is subject to the approval of the Department of Natural Resources and the
Department of Government Services before a permit is issued by the Town.
5.
Trans Canada Highway
The Town shall refer all applications for development located within 100 metres of
the centre line of the Trans Canada Highway to the Department of Government
Services for approval.
6.
Transportation
Unless it is an accessory use, transportation uses are limited to wharves and docks
and related uses - for example, fishing stages.
7.
Wells
The Town shall ensure that development shall not encroach upon private off-site
wells. Removal of trees and excavation shall not be permitted in the immediate
vicinity of any private off-site well in order to protect domestic water quality and
quantity.
Town of Traywwn
Development Reiulations 2009
ZONE TITLE
USE ZONE TABLE
MINERAL WORKINGS ZONE
MINERAL WORKINGS (MW)
PERMITTED USE CLASSES - (see Regulation 93)
Mineral Exoloration and Mineral Workina.
Page 72
SCHEDULE C - MW ZONE
DISCRETIONARY USE CLASSES (see Regulations 23 and 94)
Antenna and General lndustrv
CONDITIONS FOR THE MINERAL WORKINGS ZONE
1.
General Development Standards
(1)
See Part II of these Regulations for Mineral Workings and other
requirements.
(2)
All development in this Zone is subject to the approval of the Mineral Lands
Division of the Department of Natural Resources and other departments and
agencies as required.
2.
Industrial Uses
Industrial uses associated with aggregate processing, such as concrete and asphalt
plants, may be permitted at Council's discretion provided that the development will
not have negative impacts on surrounding land uses.
3.
Wells
Mineral workings shall not be permitted within 300 metres of a private off-site well.
This separation is intended to protect domestic water quality and quantity from
sedimentation and pollution.
Town o/Traytown
Development Regulations 2009
Page 73
SCHEDULE C- SN ZONE
USE ZONE TABLE
SENSITIVE NATURAL AREA (SN) ZONE
ZONE TITLE
SENSITIVE NATURAL AREA (SN)
PERMITTED USE CLASSES - (see Regulation 93)
Conservation.
CONDITIONS FOR THE SENSITIVE NATURAL AREA ZONE
1.
General Conditions
All development is subject to the approval of the Minister of Environment and
Conservation before a permit is issued by the Town.
Town ofTraytown
Development Regulations 2009
Page 74
SCHEDULED - PARKING
SCHEDULED
PARKING AND OFFSTREET LOADING REQUIREMENTS
1.
General
(1)
For every building, structure or use to be erected, enlarged or established,
there shall be provided and maintained a quantity of off-street parking
spaces sufficient to ensure that the flow of traffic on adjacent streets is not
impeded by the on-street parking of vehicles associated with that building,
structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use
of occupancy shall conform to the standards set out in this Schedule.
(3)
Each parking space, except in the case of single or double-family dwellings,
shall be made accessible by means of a hard surfaced right-of-way at least
3 m in width. Parking required in a residential zone shall be provided on the
same lot as the dwelling or dwellings. Parking space for apartments shall be
provided in the rear yard where possible. In a non-residential zone, parking
spaces shall be provided within the limits of the zone in which the use is
situated and not more than 200 m distant from the use concerned.
(4)
The parking facilities required by this Regulation shall, except in the case of
single or double dwellings, be arranged so that it is not necessary for any
vehicle to reverse onto or from a street
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted, with parking perpendicular to the curb the minimum
dimensions shall be as follows:
a)
parking stall width
b)
parking stall length or depth
c)
d)
e)
aisle width, parking stalls across from each other-
aisle width, other obstruction
driveway width
2.75 metres
5.80 metres
7.30 metres
7.30 metres
7.00 metres.
(6)
Where the parking stall is horizontal to the curb, the minimum length of the
stall shall be 7.00 metres, and the minimum aisle width (if applicable) shall
be at least 4 metres, more if deemed necessary by the Town.
(7)
For any other parking lot configuration, the requirements shall as be as
specified by the Town, but in no instance shall the requirements be less than
that specified for perpendicular parking spaces.
Town ofTraytown
Development Regulations 2009
Page 75
SCHEDULED - PARKING
(8)
Other requirements for parking areas are as follows:
a)
the parking area shall be constructed and maintained to the
specifications of the Town;
b)
the lights used for illumination of the parking area shall be so
arranged as to divert the light away from adjacent development;
c)
a structure, not more than 3 m in height and more than 5 m2 in area
may be erected in the parking area for the use of attendants in the
area;
d)
except in zones in which a service station is a permitted use, no
gasoline pump or other service station equipment shall be located or
maintained on a parking area;
e)
no part of any off-street parking area shall be closer than 1.5 m to the
front lot line in any zone;
f)
access to parking areas in non-residential zones shall not be by way
of residential zones;
g)
where a parking area is in or abuts a residential zone, a natural or
structural barrier at least 1 m in height shall be erected and
maintained along all lot lines;
h)
where, in the opinion of the Town, strict application of the above
parking requirements is impractical or undesirable, the Town may as
a condition of a permit require the developer to pay a service levy in
accordance with these Regulations in lieu of the provision of a parking
area, and the full amount of the levy charged shall be used by the
Town for the provision and upkeep of alternative parking facilities
within the general vicinity of the development.
2.
Offstreet Parking Spaces
(1)
The offstreet parking requirements for uses in the various use classes set out
in Schedule B shall be as set out in the following table.
(2)
In case of developments including uses in more than one class, these
standards shall be regarded as cumulative.
(3)
Adequate offstreet provision for drop-off and pick-up of persons shall be
provided in developments where required, such as uses within the education,
passenger assembly, child care, medical treatment and special care,
commercial-residential and take-out food service classes.
Town of Traytown
Development Regulations 2009
CLASS
Theatre
Cultural and Civic
General Assembly
Educational
Place of Worship
Passenger Assembly
Club and lodge
Catering
Funeral Home
Child Care
Amusement
Indoor Assembly
Outdoor Assembly
Campground
Penal and Correctional
Detention
Medical Treatment and
Special Care
Page 76
SCHEDULED - PARKING
MINIMUM OFF-STREET PARKING REQUIREMENT
One space for every 5 seats.
One space for every 50 square metres of gross floor
areas.
One space for every 10 square metres of gross floor
area.
Schools - 2 spaces for every class-room.
Further education - 1 space for every 5 persons using
the facilities (students, faculty and staff).
One space for every 5 seats.
As specified by the Town.
One space for every 3 persons that may be
accommodated at one time.
One space for every 3 customers that may be
accommodated at one time .
. One space for every 10 square metres of gross floor
area.
One space for every 20 square metres of gross floor
area
One space for every 10 square metres of gross floor
area.
One space for every 1 O spectators that may be
accommodated at one time.
As specified by the Town.
As specified by the Town.
As specified by the Town.
One space per 20 m2 of suite or ward area.
Town of Traytown
Page 77
Development Regulations 2009
SCHEDULED- PARKING
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Single Dwelling
Two spaces for every dwelling unit.
Double Dwelling
Two spaces for every dwelling unit.
Row Dwelling
Two spaces for every dwelling unit.
Apartment Building
Three spaces for every two dwelling units.
Collective Residential
As specified by the Town.
Boarding House Residential
As specified by the Town.
and/or Bed and Breakfast
Commercial Residential
Seasonal Residential
Mobile Homes
Office
Medical and Professional
Personal Service
General Service
Communications
Police Station
Taxi Stand
Take-out Food Service
Veterinary
Shopping Centre
Shop
Indoor Market
Outdoor Market
Convenience Store
One space for every guest room.
One space per dwelling unit.
Two spaces for every dwelling unit.
One space for every 20 m2 of gross floor area.
One space for every 20 m2 of gross floor area.
One space for every 20 m2 of gross floor area.
One space for every 20 m2 of gross floor area.
As specified by the Town.
As specified by the Town.
As specified by the Town.
One space for every 20 m2 of gross floor area.
One space for every 20 m2 of gross floor area.
One space for every 15 m2 of gross floor area.
One space for every 20 m2 of gross floor area.
As specified by the Town.
As specified by the Town.
One space for every 20 m2 of gross floor area.
Town of Traytown
Development Regulations 2009
CLASS
Hazardous Industry
General Industry
Service Station
Light Industry
Agriculture
Forestry
Mineral Working
Mining
Recreational Open Space
Conservation
Cemetery
Scrap Yard
Solid Waste
Animal
Antenna
Transportation
Page 78
SCHEDULED ·PARKING
MINIMUM OFF-STREET PARKING REQUIREMENT
As specified by the Town, but not less than one space
per 100 m2 of gross floor area or 10 parking spaces,
whichever is greater.
As specified by the Town, but not less than one space
per 100 m2 of gross floor area or 1 O parking spaces,
whichever is greater.
One space for every 20 m2 of gross floor area.
As specified by the Town, but not less than one space
per 50 m2 of gross floor area or 5 parking spaces,
whichever is greater.
Not specified.
Not specified.
Not specified.
Not specified.
Not specified.
Not specified.
Not specified.
Not specified.
Not specified.
Not specified.
Not specified.
As determined by the Town, taking into consideration
associated uses.
Marina
As determined by the Town, taking into consideration
associated uses.
3.
Off-street Loading Requirements
For every building or structure hereafter erected for a Commercial or Industrial Use
involving shipping, there shall be provided and maintained minimum loading
facilities on land that is not part of a street, comprised of one or more loading
spaces, each 10 m long, 3.5 m wide and having a vertical clearance of at least 4.5
Town of Traytown
Page 79
m, with access to a lane or a street and in accordance with the floor area of the
building or structure in a manner determined by the Town.