Development Regulations
Trinity Bay North, Newfoundland and Labrador
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Trinity Bay North
Development Regulations 2012-2022
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Urban and Rural Planning Act
Resolution to Approve
Municipality of Trinity Bay North Municipal Plan
2012-2022
Under the authority of section 16, section 17 and section 18 of the Urban and
Rural Planning Act 2000, the Municipal Council of Trinity Bay North.
a) adopted the Trinity Bay North Municipal Plan 2012-2022 on the 15 day of
October, 2012 .
b) gave notice of the adoption of the Trinity Bay North Municipal Plan by
advertisement inserted on the 25 day October and the 1 day of November,
2012 in the Packet.
c) set the 24 day of April, 2013 at the Town Hall, Port Union, 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,
the Council of the Municipality of Trinity Bay North approves the Trinity Bay
North Municipal Plan 2012-2022 as adopted.
SIGNED AND SEALED this d3
day of JU~
, 20lq
Mayor
Town Clerk
Municip:1I Pinn/Amendment
REGISTERED
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Urban and Rural Planning Act
Resolution to Adopt
Municipality of Trinity Bay North Municipal Plan
2012-2022
Under the authority of section 16 of the Urban and Rural Planning Act 2000, the
Municipal Council of Trinity Bay North adopts the Trinity Bay North Municipal
Plan 2012-2022 .
Adopted by the Municipal Council of Trinity Bay North on the 15 day of October,
2012.
Signed and sealed this ~3
day of ~
,201q
Mayor
Town Clerk
Canadian Institute of Planners Certification
I certify that the attached Municipal Plan has been prepared in accordance with the
requirements of the Urban and Rural Planning Act 2000.
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Table of Contents
Application ................................................................................................................................................. 1
1.1
Title ................................................................................................................................................................. 1
1.2
Interpretation ............................................................................................................................................. l
1.3
Commencement.. ....................................................................................................................................... l
1.4
Municipal Code and Regulations ........................................................................................................ 1
1.5
Authority ...................................................................................................................................................... 1
1.6
Delegation of Authority .......................................................................................................................... 1
1. 7
Provincial Development Regulations ............................................................................................... 1
Definitions .................................................................................................................................................. 2
General Regulations ............................................................................................................................... 9
3.1
Permit to Develop Required ................................................................................................................. 9
3.2
Decisions of Council ................................................................................................................................. 9
3.3
Permit to be Issued .................................................................................................................................. 9
3.4
Permit Not to be Issued in Certain Cases ........................................................................................ 9
3.5
Discretionary Powers .............................................................................................................................. 9
3.6
The Application ...................................................................................................................................... 10
3.7
Register of Application ........................................................................................................................ 10
3.8
Deferment of Application ................................................................................................................... 10
3.9
Approval in Principle ........................................................................................................................... 10
3.10
Approval .................................................................................................................................................... 11
3.11
Development Permit ............................................................................................................................ 11
3.12
Revoke Pennit. ........................................................................................................................................ 11
3.13
PublicNotice ............................................................................................................................................ 11
3.14
Licenses, Permits and Compliance with Other Bylaws .......................................................... 12
3.15
Right of Entry .......................................................................................................................................... 12
3.16
Stop Work Order and Prosecution ................................................................................................. 12
3.17
Service Levy ............................................................................................................................................. 12
3.18
Financial Guarantees by Developer ............................................................................................... 12
3.19
Dedication of Land for Public Use ................................................................................................... 13
3.20
Reinstatement of Land ......................................................................................................................... 13
3.21
Notice of right to appeal... ................................................................................................................... 13
3.22
Appeal requirements ............................................................................................................................ 13
Trinity Bay North Development Regulations
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3.23
3.24
3.25
3.26
3.27
3.28
3.29
3.30
3.31
Appeal registration ............................................................................................................................... 13
Development prohibited ..................................................................................................................... 14
Hearing notice and meetings ............................................................................................................ 14
Hearing of evidence .............................................................................................................................. 14
Board decision ........................................................................................................................................ 14
Variances ................................................................................................................................................... 14
Notice ofvariance .................................................................................................................................. 15
Residential non conforn1ity ............................................................................................................... 15
Notice and hearings on change of use ........................................................................................... 15
3.32
Non-conformance with standards .................................................................................................. 15
3.33
Discontinuance of non-conforming use ........................................................................................ 15
3.34
Delegation of powers ........................................................................................................................... 15
General Development Standards .................................................................................................... 16
4.1
Access and Service Streets ................................................................................................................. 16
4.2
Accessory Buildings .............................................................................................................................. 16
4.3
Accessory Uses Permitted .................................................................................................................. 16
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.17
4.18
4.19
4.20
4.21
4.22
Advertisements ....................................................................................................................................... 16
Alterations to the Natural Environment ...................................................................................... 16
Archaeological Assessment ............................................................................................................... 16
Bed and Breakfast Establishments ................................................................................................. 17
Buffer Strips ............................................................................................................................................. 17
Building Height ....................................................................................................................................... 17
Building Line and Setback .................................................................................................................. 17
Home Childcare ...................................................................................................................................... 17
Home Occupation ................................................................................................................................... 17
Home Occupation Uses in Accessory Buildings ........................................................................ 18
Landscaping and Screening ............................................................................................................... 18
Lot Area ...................................................................................................................................................... 18
Lot Area and Size Exceptions ............................................................................................................ 19
Lot Frontage ............................................................................................................................................. 19
Municipal Public Works and Utilities ............................................................................................ 19
Non-Conforming Uses .......................................................................................................................... 19
Offensive and Dangerous Uses ......................................................................................................... 19
Parks, Playgrounds and Conservation Uses ................................................................................ 19
Service Stations ...................................................................................................................................... 19
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4.23
Side Yards ................................................................................................................................................. 20
4.24
Soils and Drainage ................................................................................................................................. 20
4.25
Soil Removal, Deposit and Site Grading ........................................................................................ 20
4.26
Watercourse Protection ...................................................................................................................... 20
4.27
Water Pressures/Fire Flows ............................................................................................................. 20
Off-Street Parking and Loading ....................................................................................................... 21
5.1
Parking Required ................................................................................................................................... 21
5.2
Parking Spaces ........................................................................................................................................ 21
5.3
Parking Area Design Standards ....................................................................................................... 21
5.4
Parking Access Specifications ........................................................................................................... 22
5.5
Pick-up and Drop-off ............................................................................................................................ 22
5.6
Off-Street Loading Requirements ................................................................................................... 22
Signs .......................................................................................................................................................... 23
6.1
Permit Required ..................................................................................................................................... 23
6.2
Removal of Signs .................................................................................................................................... 23
6.3
Signs Exempt from Control ................................................................................................................ 23
6.4
Prohibited Signs ..................................................................................................................................... 23
6.5
General Standards for Signs .............................................................................................................. 24
6.6
Standards for Signs in the Historic District ................................................................................. 24
6.7
Sign Specifications ................................................................................................................................. 24
Subdivision of Land .............................................................................................................................. 25
7.1
Permit Required ..................................................................................................................................... 25
7.2
Development Agreement. ................................................................................................................... 25
7.3
Services to be Provided ....................................................................................................................... 25
7.4
Payment of Service Levies and Other Charges .......................................................................... 25
7.5
Issue of Permit Subject to Considerations ................................................................................... 25
7.6
Proposals for Subdivision of Land .................................................................................................. 25
7.7
Subdivision Subject to Zoning .......................................................................................................... 26
7.8
Building Lines .......................................................................................................................................... 26
7.9
Land for Public Open Space ............................................................................................................... 26
7.10
Structure in Street Reservation ....................................................................................................... 2 7
7.11
Subdivision Design Standards .......................................................................................................... 27
7.12
Engineer to Design Works and Certify Construction Layout.. ............................................. 28
7.13
Street Works May Be Deferred ......................................................................................................... 28
7.14
Transfer of Streets and Utilities to the MunicipaUty ............................................................... 28
Trinity Bay North Development Regulations
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Use Zone Tables .................................................................................................................................... 29
8.1
Use Zones .................................................................................................................................................. 29
8.2
Permitted Uses ........................................................................................................................................ 29
8.3
Discretionary Uses ................................................................................................................................ 29
8.4
Prohibited Uses ....................................................................................................................................... 29
8.5
Mixed Develop111ent (MD) .................................................................................................................. 30
8.6
Residential (R) ........................................................................................................................................ 32
8.7
Heritage District (HO) .......................................................................................................................... 34
8.8
Rural Zone (RU) ...................................................................................................................................... 37
8.9
Open Space (OS) ..................................................................................................................................... 39
8.10
Protected Water Supply (PW} .......................................................................................................... 40
Appendices
A
Zoning Map
B
Provincial Development Regulations
C
Classification Guide to Land Uses and Buildings
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Application
1.1
Title
These Regulations may be cited as the Municipality of Trinity Bay North Development
Regulations.
1.2
Interpretation
1. Words and phrases used in these Regulations shall have the meanings ascribed to them
in Section 2 of these Regulations.
2. Words and phrases not defined in these Regulations shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
1.3
Commencement
These Regulations come into effect through the Trinity Bay North Municipal Planning
Area, hereinafter referred to as the Planning Area, on the date of publication of a notice
to that effect in the Newfoundland and Labrador Gazette.
1.4
Municipal Code and Regulations
The National Building Code of Canada, Fire Code of Canada 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 Municipality of Trinity Bay North shall, under these Regulations apply to the
entire Planning Area.
1.s
Authority
In these Regulations, "Authority" means the Council of the Municipality of Trinity Bay
North.
1.6
Delegation of Authority
Where the term Council is referenced in these Regulations, Council may delegate its
authority to administer these Regulations or part thereof to an employee of Council or
an agent of Council by a resolution of Council.
1.7
Provincial Development Regulations
Provincial Development Regulations have been incorporated into the Trinity Bay North
Development Regulations and are marked as follows:
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Provfnclal
Reg. X
Where there is a conflict between these regulations and the Provincial Regulations, the
Provincial Regulations shall apply. A complete copy of the Provincial Development
Regulations is attached in Appendix B.
Trinity Bay North Development Regulations
Application
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Provincial
Reg. 4{a)
Provincial
Reg. 4(b)
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Provincial
Reg. 4(c)
Provincial
Reg. 2(a)
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Provincial
Reg. 2(b)
Definitions
Access means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from street to adjacent or nearby land or to go from that land to the street.
Accessory Building means
a) A detached subordinate building not used as a dwelling,
located on the same lot, or on a lot adjacent to the main
building to which it is an accessory, and which has a use
that is customarily incidental and complementary to,
the main use of the building or land (see illustration);
a) For residential uses, domestic garages, carports, ramps,
sheds, swimming pools, greenhouses, cold frames, fuel
sheds, vegetable storage cellars, shelters for domestic
pets or radio and television antennae;
b) For commercial uses, workshops or garages; and
c) For industrial uses, garages, offices, raised ramps and
docks.
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.
Act means the Urban and Rural Planning Act, 2000.
Agriculture means horticulture, fruit, grain or 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, 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.
"Agriculture" shall be construed accordingly.
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
Architectural Style means the classification of buildings according to their
appearance, structure, materials and historic period.
Bed and Breakfast Establishment means a single dwelling unit in which the
resident supplies, for compensation, no more than four bedrooms for the temporary
accommodation oftravelers.
Building means
a) A structure, erection, alteration or improvement placed on, over or under land,
or attached, anchored or moored to land,
b) Mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar uses,
c) A part of, and fixtures on, buildings referred to in [a) and (b ), and
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Definitions
accessory building
main building
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Provincial
Reg. 4{d)
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Provincial
Reg. 4(&)
d) An excavation of land whether or not that excavation is associated with the
intended or actua! construction of a building or thing referred to in (a) or (c).
Building Height means the vertical distance, measured in meters from the established
grade to the;
a) highest point of the roof surface of a flat roof;
b) deck line ofa mansard roof;
c) mean height level between the eave and the ridge of a gable, hip or gambrel roof;
d) and in any case, a building height shall not include mechanical structure,
smokestacks, steeples and purely ornamental structures above the roof.
fiat roof
mansard roof
gable roof
building
height
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.
Convenience Store means a building used as a store that serves the primary needs of
the adjacent neighbourhood and includes the sale of magazine, confectionary and
grocery items, rental of video movies and a delicatessen or snack bar provided that any
eating facility is within a wholly enclosed building.
Development means the carrying out of building, engineering, mining or other
operations in, on over, or under land, or the making of a material change in the use, or
the intensity of use of land, buildings, or premises and the;
a) Making of an access onto a highway, road or way,
b) Erection of an advertisement or sign,
c) Constructionofa building,
d) Parking of a trailer, or vehicle used for the sale of refreshments or merchandise,
or as an office, or for living accommodation,
And excludes:
a) Carrying out of works for the maintenance, improvement or other alteration of a
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;
b) Carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries
of the road reservation;
c) Carrying out by a local authority or statutory undertakers of works for the
purpose of inspecting, repairing or renewing sewers, mains, pipes, cables or
other apparatus, including the breaking open of street or other land for that
purpose; and
d) Use of a building or land within the courtyard of a dwelling house for a purpose
incidental to the enjoyment of the dwelling house as a dwelling.
Trinity Bay North Development Regulations
Definitions 3
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Provincial
Reg. 4(f}
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Provincial
Reg. 4{g)
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Provincial
Reg. 4(h}
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.
Dwelling, Single Detached Unit means a self-contained unit consisting of one or
more habitable rooms used or designed as the I iving quarters for one household.
Dwelling, Double Unit (or Duplex) 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, Town house means three or more dwelling units, each with a separate
entrance, constructed side by side and separated by common vertical walls.
Dwelling, Apartment Building means a building containing three or more dwelling
units, but does not include a row dwelling.
Erect means to build, construct, reconstruct, alter or relocate and without limiting the
generality of the foregoing, shall include any pre] iminary physical operation such as
excavating, grading, piling, cribbing, filling or draining, or structurally altering any
existing building or structure by an addition, deletion, enlargement or extension.
Established Grade means
a) 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
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b) 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 ofan artificial
embankment or entrenchment.
""11:;,ll=:::::::----------==---r-- highest elevation
-- established grade
Existing means legally existing as of the effective date of these Regulations.
Floor Area means the total area of all floors in a building measured to the outside face
of exterior walls.
-- lowest elevation
Historic Building means a building that was constructed in Trinity Bay North prior to
Confederation (1949).
Home Occupation means an accessory use of a dwelling and/or accessory building
for gainful employment involving the provision or sale of goods and/or services.
Inspector means any person appointed and engaged as an Inspector by the Authority
or by any federal or provincial authority or the agent thereof.
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Definitions
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Provincial
Reg. 4U)
Provincial
Reg. 4(k)
Provincial
Reg. 4(1)
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Provincial
Reg. 4(i)
Land includes land covered by water and buildings and structures on, over, under the
soil and fixtures that form part of those buildings and structures.
Landscaping means any combination of trees, shrubs, flowers, grass or other
horticultural elements, decorative stonework, paving, screening or other architectural
elements, al! of which is designed to enhance the visual amenity of a property or to
provide a screen between properties in order to mitigate objectionable features
between them.
Light Industry means 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.
Loading Space means an area of land provided for use for the temporary parking of a
commercial motor vehicle where merchandise or materials are loaded or unloaded from
the vehicles.
Lot means a plot, tract, or parcel of land which can be considered as a unit ofland for a
particular use or building.
Lot Area means the total horizontal area within the Ii nes of the lot.
Lot Coverage means the combined area of all buildings on a lot measured
at the level of the lowest floor above the established grade and expressed as a
percentage of the total area of the lot.
Lot coverage= Area ofA + Area ofB
Total Jot area
Lot line means an outer boundary for a specific lot.
Lot line, Front means the line dividing a lot from the street. For a corner lot, the
shorter lot Ii ne adjacent to the street shall be deemed the front lot line and the longer lot
line abutting the street shall be deemed the flanking lot line.
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Lot Frontage means the horizontal distance
between side lot lines measured at the building line
(the distance between points A and Bin illustration
below).
-------------·----~·------------rear lot line ---··-··················-··-
Lot line, Rear means the lot line on the opposite
side of the front lot line.
Lot line, Side means the lot lines perpendicular to
the front and rear lot lines.
Lot line, Flanking means a lot line which abuts the
street on a corner lot.
A;
----~-building line
--- Iron! lot line -
street
Trinity Bay North Development Regulations
Definitions 5
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Provincial
Reg.4{m)
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Provinclal
Reg. 4(n)
Pro~inclal
Rey. 4{o)
Provincial
Reg. 4{p)
Main Building means any building in which is carried on the principal purpose for
which the lot is used.
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 watercra~. including storage, sales and rentals, together with a club house and
catering facilities.
Mineral Working means land or buildings used for the working or extraction of any
naturally occurring substance, including a pit or quarry.
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.
Nursing Home means a building where nursing care and room and board are
provided to individuals incapacitated in some manner for medical reasons and
approved by the Departments of Government Services and Lands, and Health and
Community Services.
Office means a room used for the purpose of regularly conducting business, performing
a service or offering consultation, but shall not include manufacturing or the selling of
retail goods.
Outdoor Storage means the storage of goods, inventory, materials or equipment or
other items which are not intended for immediate sale, by locating them outside.
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.
Prohibited Use means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority speci Fies as not permitted
within a use zone.
Public Use means any lands, structure or building which is constructed for use by the
general public, including but not limited to parks, playgrounds, trails, paths and other
recreational and open spaces, scenic and historic sites, publicly funded buildings such as
schools, hospitals, libraries and other public buildings and structures.
Recreational Use means the use of land for parks, playgrounds, tennis courts, lawn
bowling greens, athletic fields, golf courses, picnic areas, swimming pools, day camps,
walking trails, and similar uses.
Restaurant means a building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with meals or refreshments for
consumption on the premises.
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Definitions
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Provincial
Re11. 4(q)
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Provincial
Reg. 4(1)
Provincial
Re(l. 4(u)
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Provincia1
Reg. 4(v)
Screening means the method by which a view of one
site from another adjacent site is shielded, concealed or
hidden. The example on the right shows trees and fences
being used to screen a parking lot from public view.
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.
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 of the serving of meals or refreshments, an amusement
use, a general garage, or a service station.
Sign ( or advertisement) means a word, letter, model, placard, board, device or
representation, whether illuminated or not, in the nature of or employed wholly or in
part for the purpose of advertisement, announcement or direction and excludes those
things employed wholly as a memorial, advertisements of local government, utilities,
and boarding or similar structures used for the display of advertisements.
Sign Area means the area of the smallest rectangle, circle, or semi-circle that can
enclose the surface area of the sign. Where a sign has two faces or more, the maximum
area is permitted for each of the two faces.
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.
Street Line means the edge of a street right-of-way
as defined by the authority having jurisdiction.
Street Right-of-Way means a strip of land between
the street lines, acquired by reservation, dedication
I \_ street -l I
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street right-of-way
------
or forced dedication intended to be occupied or occupied by a public street, road or
highway.
Storey means the entire floor or level of a building having a continuous or nearly
continuous floor.
Subdivision means the dividing of land, whether in single or joint ownership, into two
or more pieces for the purpose of development.
Use means a building or activity situated on a lot or a development permitted on a lot.
Trinity Bay North Development Regulations
Definitions 7
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Provincial
Reg. 4{w)
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Provincial
Reg. 4(x)
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Provincial
Reg. 4(r)
Provincial
Reg. 4{s)
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Provincial
Reg. 4(z)
Use Zone or Zone means an area of land including buildings and water designated on
the Zoning Map to which the uses, standards and conditions of a particular Use Zone
Table apply.
Utility means any public or private system, works, plan, equipment or services which
furnishes services at approved rates to or for the use of the general public.
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 of the authority's regulations.
Watercourse means any lake, pond, river, stream or other body of water.
Wetland means the land usually or at any time occupied by water, where the water
table is at or is just above the surface of the land either permanently or intermittently,
depending upon the class of the wetland which includes bogs, fens, marshes, swamps
and shallow water zones along shorelines of bodies of water.
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.
Yard, Rear means the distance between
the rear lot line and the rear wall of the
main building on a lot.
Yard, Side means the distance between
the side lot line and the nearest side wall
of a building on the lot.
Yard, Front means the distance
between the front lot line of a lot and the
front wall of the main building on the lot.
Yard, Flanking means the slde yard of a
corner lot bounded by the street.
Yard, Abutting means the yard of an
abutting lot which shares a lot line of
subject property.
Ab,WogYaro f.--+
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ReacYao! l1J '
Abuttmg Yarn
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Front Yard
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Zoning Map means the map or maps attached to and forming a part of the authority's
regulations.
8
Definitions
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3.1
3.2
3.3
3.4
General Regulations
Permit to Develop 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 Council.
Decisions of Council
Decisions made by Council with respect to a permit required by these Regulations shall
be made in writing, and state the reasons for a refusal of, or conditions attached to a
permit. Council shall also advise the person to whom the decision applies of their right
to appeal, in accordance with Section 42 of the Act and the requirements of Section 3.21
of these Regulations.
Permit to be Issued
Subject to Regulations 3.4 and 3.5, a permit shall be issued for development within the
Planning Areas that conforms to:
a) The policies expressed in the Municipal Plan and any further scheme, plan, or
regulation pursuant thereto;
b) The general development standards set out in Section 4 of these Regu \ations, the
requirements of Section 7 of these Regulations, and the use classes, standards,
requirements, and conditions prescribed in Sections 8 of these Regulations for
the use zone in which the proposed development is located;
c) The standards set out in the Building Code and/or other ancillary codes, and any
Building Regulations, Waste Disposal Regulations, and/or any other municipal
regulation in force in the Planning Area regulating or controlling development,
conservation and use ofland and buildings;
d) The standards set out in Section 5 of these Regulations in the case of off-street
parking and loading;
e) The standards set out in Section 6 of these Regulations in the case of signs and
advertisement;
fJ
The standards set out in Section 7 of these Regulations in the case of
subdivision; and
g) The standards of design and appearance established by Council.
Permit Not to be Issued in Certain Cases
No permit or approval in principle shall be issued for development within the Planning
Area when, in the opinion of Council, it is premature by reason of the site lacking
adequate road access, power, drainage, sanitary facilities, or domestic water supply, or
being beyond the natural development of the area at the time of application unless the
applicant contracts to pay the full cost of construction of the services deemed necessary
by Council and such cost shall attach to and upon the property in respect of which it is
imposed.
J.5
Discretionary Powers
In considering an application for a permit or for approval in principle to carry out
development, Council shall take into account the policies expressed in the Municipal
Plan and any further scheme, plan or regulations pursuant thereto, and shall assess the
general appearance of the development of the area, the amenity of the surroundings,
availability of utilities, public safety and convenience, and any other considerations
Trinity Bay North Development Regulations
General Regulations 9
3.6
3.7
3.8
3.9
which are, in its opinion, material, and notwithstanding the conformity of the
application with the requirements of these Regulations, Council may, in its discretion,
and as a result of its consideration of the matters set out in this Regulation,
conditionally approve or refuse the application.
The Application
1. Applications for a Permit to Develop or an Approval in
Principle shall be made only by the owner, the owner's agent
or person authorized by the owner to Council, on the
application form as may be prescribed by Council. Every
application shall inclL1de such plans, specifications and
drawings as Council may require, and be accompanied by the
appropriate fee set out in a Schedule of fees as required by
Council.
2. Council shall, on request. supply to every applicant a copy of
the application forms referred to in Regulation 3.6(1) and a
description of the plans, specifications and drawings required
to be provided with the application.
Register of Application
Council shall keep a public register of all applications for
development, and shall enter therein Council's decision upon
each application and the result of any appeal from that
decision.
Deferment of Application
1. Council may, with the written agreement of the applicant,
defer consideration of an application; and
2. Applications properly submitted in accordance with these
Regulations which have not been determined by Council and
Development Permit
Process
r~p~tlon
-- ·O
Non
Approval
Review ' .,
Approval
' -
Construction
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Monitoring
on which a decision has not been communicated to the applicant within eight weeks of
the receipt thereof by Council, and on which consideration has not been deferred in
accordance with Regulation 3.8(1), shall be deemed to be refused.
Approval in Principle
1. An application for Approval in Principle shall include;
a) a description of the proposed development,
b) a description of the limits of the land to be used with the proposed development,
and may include a survey description of the subject lands,
c) submission of detailed plans,
d) any additional information that may be required by Council.
2. Council may issue an Approval in Principle if it determines the application conforms to
the Municipal Plan and these Regulations.
3. An Approval in Principle shall be valid for 2 years.
4. No development shall be carried out under an Approval in Principle.
5. Council may revoke an Approval in Principle if it determines the applicant has changed
the proposed development in a way that significantly alters the original intent of the
applications.
10 General Regulations
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Approval
Approval for an application is granted by Council in the form of a Development Permit
or Building Permit for applications approved under these Regulations.
3.11
Development Permit
1. A plan or drawing which has been approved by Council and which bears a mark and/or
signature indicating such approval together with a permit shall be deemed to be
permission to develop. Such permission shall not relieve the applicant from
a) full responsibility for obtaining permits or approvals under any other
regulation or statute prior to commencing the development;
b) having the work carried out in accordance with these Regulations or any other
regulations or statutes; and
c) compliance with all conditions attached to an approval or a permit.
2. Council 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
purpose and intent of these Regulations.
3. Where Council deems necessary, permits may be issued on a temporary basis for a
period not exceeding two years, which may be extended in writing by Council for
further periods.
4. A permit is valid for two years. If the development has not commenced, the permit may
be renewed for a further period not in excess of one year, but a permit shall not be
renewed more than once, except in the case of a permit for an advertisement, which
may be renewed in accordance with Section 6 of these Regulations;
5. The approval of any application and plans or drawings or the issue of a permit shall not
prevent Council 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. No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by Council; and
7. There shall be kept available on the premises where any work, matter or thing is 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.
a.12
Revoke Permit
Council may revoke an approval and any subsequent permits for failure by the applicant
or developer to comply with these Regulations or any condition attached to the permit
or where the permit was issued in error or was issued contrary to the applicable
regulations or was issued on the basis of incorrect information.
3.13
Public Notice
1. Council shall provide public notice for a period of not less than:
a) 7 days - when considering a variance in accordance with Section 3.29; and
b) 14 days - when considering a change in a non-conforming use in accordance with
Section3.31; or development which is listed as a Discretionary use in any use zone in
Section 8 of these Regulations.
2. Council may require public notice of any development application where, in the opinion
of Council, such notice is required for information and public consultation purposes.
Trinity Bay North Development Regulations
General Regulations 11
3. Council shall require the cost of the public notice or portion thereof be paid by the
applicant and that such notice shall be by public advertisement in a newspaper
circulating in the area or by any other means deemed necessary or appropriate by
Council.
3.14
Licenses, Permits and Compliance with Other Bylaws
Nothing in these regulations shall exempt any person from complying with the
requirements of any By-Law in force within the Municipality of Trinity Bay North, or
from obtaining any license, permission, permit, authority or approval required by any
statute or regulation of the Province of Newfoundland and Labrador or the Government
of Canada.
3.1s
Right of Entry
3.16
1.
Council or other person or persons authorized by the municipality, 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 Council is empowered to regulate.
Stop Work Order and Prosecution
Where a person begins a development contrary or apparently contrary to these
Regulations, Council may order that person to pull down, remove, stop construction, fill in
or destroy that building or development and may order the person restore the site or area
to its original state, pending final adjudication in any prosecution arising out of the
development; and
2. A person who does not comply with an order made under Regulation 3.16(1) is guilty of
an offence under the provisions of the Act.
3.17
1.
Service Levy
Council 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 in accordance with Section 149(2) of the Municipalities Act, SN,
1999.
2. A service levy shall not exceed the cost, including finance charges to Council of
constructing or improving the public works referred to in Regulation 3.17(1) that are
necessary for the real property to be developed in accordance with the standards
required by Council and for uses that are permitted on that real property;
3. A service levy shall be assessed on the real property based on:
a) The amount of real property benefited by the public works related to all the real
property so benefited; and
b) The density of development made capable or increased by the public work.
4. Council may require a service levy be paid by the owner of the real property benefited
and may specify the time for payment. The amount of the service levy will be outlined in
the Municipality's Schedule ofRates and Fees.
3.18
1.
Financial Guarantees by Developer
Council may require a developer before commencing a development to make such
financial provisions and/or enter into such agreements as may be required to guarantee
the payment of service levies, ensure site reinstatement, and to enforce the carrying out
of any other condition attached to a permit of licence;
2. The financial provisions pursuant to Regulation 3.18(1) may be made in the form of:
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a) a cash deposit from the developer, to be held by the Council, or;
b) a security or guarantee by a bank, or other institution acceptable to Council, for
expenditures by the developer, or;
c) a performance bond provided by an insurance company or a bank.
3.19
Dedication of Land for Public Use
Council may, for a development not involving a subdivision, require a portion of the
land to be developed to be conveyed to the Municipality for a public purpose where
public works are required to accommodate the proposed development.
3.20
Reinstatement of Land
3.21
Council may order the developer, the site occupier, the owner, or any of them to restore
the site to the satisfaction of Council where
a) the use of land is discontinued;
b) the intensity of the use is decreased;
c) a Permit to Develop has been revoked; or
d) a Temporary Permit to Develop has expired.
Notice of right to appeal
Where an authority makes a decision that may be appealed under Section 42 of the Act,
that authority shall, in writing, at the time of making that decision, notify the person to
whom the decision applies of the;
a) person's right to appeal the decision to the board;
b) time by which an appeal is to be made;
c) right of other interested persons to appeal the decision; and
d) manner of making an appeal and the address for the filing of the appeal.
3.22
1.
Appeal requirements
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., AlB 416 is
the secretary to all boards in the province and an appeal filed with that secretary within
the time period referred to in subsection 42( 4) of the Act shall be considered to have
been filed with the appropriate board.
3. The fee required under section 44 of the Act shall be paid to the board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or
(2) within the 14 days referred to in subsection 42(4) of the Act.
4. The board that hears the decision being appealed shall, subject to subsection 44(3) of
the Act, retain the fee paid to the board.
5. Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall
be considered to have been forfeited.
3.23
1.
Appeal registration
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.
Z. 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.
"''
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Provincial
Reg. 5
1
Provinctal
Reg.6
~
Provincial
Reg. 7
Trinity Bay North Development Regulations
General Regulations 13
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.
3.24
1.
Development prohibited
Immediately upon notice of the registration of an appeal the appropriate authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
2. Sections 102 and 104 of the Act apply to an authority acting under subsection (1}.
3. Upon receipt of a notification of the registration of an appeal with respect to an order
under section 102 of the Act, an authority shall not carry out work related to the matter
being appealed.
3.25
1.
Hearing notice and meetings
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.
3.26
1.
Hearing of evidence
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
3.27
the board and make representations with respect to the matter being appealed.
2. A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
3. A written report submitted under subsection 43(2) of the Act respecting a visit to and
viewing of a property shall be considered to have been provided in the same manner as
evidence directly provided at the hearing of the board.
4. In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
Board decision
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.
3.2a
Variances
1. Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development
regulations, an authority may, in its discretion, vary the applicable development
standards to a maximum of 10% if, in the authority's opinion, compliance with the
development standards would prejudice the proper development of the land, building
or structure in question or would be contrary to public interest.
2. An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
14 General Regulations
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Provincial
Reg. 7
continued
~i
Provincial
Rag 8
1
Provincial
Reg. 9
Ji,
Provincial
Reg. 10
~
Provincial
Reg. 11
f.
Provincial
Reg. 12
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3.29
would have a cumulative effect that is greater than a 10% variance even though the
individual variances are separately no more than 10%.
3. An authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing development.
Notice of variance
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.
3.Jo
Residential non conformity
A residential building or structure referred to in paragraph 108(3)(g) of the Act must,
where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and
development regulations applicable to that building or structure.
3.31
Notice and hearings on change of use
Where considering a non conforming building, structure or development under
paragraph 108(3)(d) of the Act and before making a decision to vary an existing use of
that non-conforming building, structure or development, an authority, at the applicant's
expense, shall publish a notice in a newspaper circulating in the area or by other means
give public notice of an application to vary the existing use of a non-conforming
building, structure or development and shall consider any representations or
submissions received in response to that advertisement.
3.32
Non-conformance with standards
Where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not
be expanded if the expansion would increase the non-conformity and an expansion
must comply with the development standards applicable to that building. structure or
development.
3.33
Discontinuance of non-conforming use
An authority may make development regulations providing for a greater period of time
than is provided under subsection 108(2) of the Act with respect to the time by which a
discontinued non-conforming use may resume operation.
3.34
Delegation of powers
An authority shall, where designating employees to whom a power is to be delegated
under subsection 109(3) of the Act, make that designation in writing.
~
Provincial
Reg.13
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Reg.14
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Provincial
Reg.15
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Provincial
Reg. 16
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Provincial
Reg. 17
.;;
Provincial
Reg.18
Trinity Bay North Development Regulations
General Regulations 15
4
General Development Standards
4.1
Access and Service Streets
1. Access shall be located to the specification of Council so as to ensure the greatest
possible convenience and safety of the street system.
2.
Council may prescribe the construction of service streets to reduce the number of
accesses to collector and arterial streets.
3.
No vehicular access shall be closer than 10 metres to the street line of any street
intersection.
4.2
Accessory Buildings
1. May be located on the same lot as the main building(s) to which it is accessory; or on an
abutting lot, where both lots are under the same ownership.
2. No accessory building or part thereof shall project in front of any building line.
3.
No accessory building shall be developed so that it can be used as a room, flat or
apartment.
4. Accessory buildings shall be complementary with the main building in terms of exterior
finish, roofline and pitch.
4.3
Accessory Uses Permitted
Where these regulations provide for any land to be used, or building to be erected or
used for a purpose, the purpose shall include any accessory use. Such uses shall be
clearly incidental and complementary to the use of the main building and be contained
on the same lot as the main building or an adjoining lot where both lots are under the
same ownership.
4.4
Advertisements
Advertisements and signs shall not be erected or displayed except in accordance with
Section 6 of these Regulations.
4.s
Alterations to the Natural Environment
Development proposals shall include plans for grading, ditching, and landscaping.
Significant alterations to the natural environment as part of a development (such as
changing the drainage pattern or removing vegetation) will be considered during the
evaluation of development proposals. Alterations which will adversely affect
watercourses or adjacent property as a result of alterations to watercourses, drainage
or grading shall not be permitted. Topsoil or sods shall not be removed except with the
approval of Council.
4.6
Archaeological Assessment
Where archaeological resources are known to exist, in areas that have not been
disturbed by previous development, or where they are likely to exist based on location,
proximity to registered archaeological sites or historical evidence, applications for
development will be forwarded to the Provincial Archaeology Office, Department of
Tourism, Culture and Recreation for review and consideration under the Historic
Resources Act The Provincial Archaeology Office may require an archaeological
assessment. The Council, in consultation with the Provincial Archaeology, may apply
conditions for the protection and preservation of any archaeological resources.
16 General Development Standards
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4.7
Bed and Breakfast Establishments
A "bed and breakfast" establishment in a single residential dwelling, where permitted,
shall be subject to the following conditions:
a) The nature and scale of the proposed use is consistent with the adjoining
development and the use does not detract from the residential character of the
neighbourhood.
b) A parking area abutting a residential lot shall be appropriately screened by a
fence, wall, or hedge of height not less than 1 metre and located a minimum
distance of 1 metre from the edge of the parking area.
c) A single, non-illuminated, free-standing sign, not exceeding 0.4 m2 in area, shall
be permitted, provided that the design of the sign is consistent with the
residential character and amenity of the area.
d) That the use is approved and licensed under the Tourist Establishment
Regulations, 1996, of the Provincial Department of Tourism, Culture and
Recreation.
4.s
Buffer Strips
Where development is proposed that, in the opinion of Council, will have a visual impact
on a highway, viewscape or abutting land use, Council may require the owner of the site
to provide a separation buffer to screen the development. The buffer shall include
provision of such natural or structural barrier as may be required by Council and shall
be maintained by the owner or occupier to the satisfaction of the Council.
4.9
Building Height
1. Council may permit the erection of buildings of a height greater than that specified in
the Use Zone Tables found in Regulations 8.5-8.10, but in such cases the building line
setback and rear yard 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 rear yard shall not be less than the minimum building line setback
calculated as described in 4.9(1) above plus 6 metres.
2.
Height requirements may be waived in the case of communication masts and antennae,
flagpoles, water towers, spires, belfries or chimneys. Where an increase of more than
20% in the permitted height of the structure is proposed it shall only be authorized
under the provisions of Section 3.28 and 3.13.
4.10
Building Line and Setback
Council, 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 use zone
tables in Regulations 8.5 to 8.10.
4.11
Home Childcare
Childcare as a home occupation shall conform to the requirements of the Child Care
Services Act and Regulations. Where required, a license to operate shall be obtained
from the Department of Health and Community Services.
4.12
Home Occupation
The following conditions shall apply to the use of a dwelling for a home occupation:
a) The residence is occupied by the operator of the home occupation;
Trinity Bay North Development Regulations
General Development Standards 17
b) The use is clearly subsidiary to the residential use, does not alter the residentlal
character of the property, and does not detract from the residential character of
the neighbourhood. The external appearance of the dwelling shall not be
changed by the home occupation;
c) There are no more than two assistant employees employed on slte in addition to
a resident of the dwelling;
d) Not more than 25 percent of the total floor area of the dwelling to a maximum of
45 m2 is devoted to the home occupation;
e) One off-street parklng space, other than that required for the dwelling, is
provided for every 22.S m2 of floor space occupied by the home occupation;
t)
No wholesale, outdoor storage of goods or equipment is carried out, any retail
sales are inddental and subsidiary to the approved use;
g) A single, non-illuminated, free-standing sign, not exceeding 0.4m2 (4ft2) in area,
shall be permitted, provided that the design of the sign is consistent with the
residential character of the area;
h) No change shall be made in the type, class or extent of the occupation without a
permit;
i) The use shall not generate traffic, parking. sewage or water use in excess of what
is normal in the residential area;
i)
No regular parking of commercial vehicles or trailers except for one vehicle with
a gross weight ofno greater than one tonne will be permitted;
k) The residential lot has sufficient area to accommodate the parking requirement
of the dwelling unit and the home occupation.
4.13
Home Occupation Uses in Accessory Buildings
In addition to the requirements set out in Regulation 4.12, a home occupation where
permitted in a residential accessory building shall:
a) Be located on the same lot as the residential use;
b) The business shall be owned and operated by the occupants of the dwelling;
c) No repairs to vehicles or heavy equipment are carried out;
d} Activities associated with the use are carried on inside the accessory building,
are not hazardous and do not cause a noticeable increase in noise, odour, dust or
fumes, nor cause electrical interference, or in any other way result in a nuisance
to the occupants of surrounding residences.
4.14
Landscaping and Screening
1. All land except that used for customer parking and vehicle access shall be landscaped
and maintained by the owner or occupier to the satisfaction of Council.
2.
Council may, in the case of existing unsightly development, order the owner or occupier
to provide adequate and suitable landscaping or screening; and for this purpose may
require the submission of an application giving details of the landscaping or screening,
and these Regulations shall then apply to that application. The provision of adequate
and suitable landscaping or screening may be made a condition of any development
permit where, in the opinion of Council, the landscaping or screening is desirable to
preserve amenity or to protect the environment.
4.1s
Lot Area
1. No lot shall be reduced in area, either by the conveyance or alienation of any portion
thereof or otherwise, so that any building or structure on such lot shall have a lot
coverage that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is
less than that permitted by these Regulations for the zone in which such lot is located.
18 General Development Standards
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4.16
4.17
4.18
4.19
4.20
4.21
4.22
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.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already
exist in any residential zone, with insufficient frontage or area to permit the owner or
purchaser of such a lot or lots to comply with the provisions of these Regulations, then
these Regulations shall not prevent the issuing of a permit by Council 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.
Lot Frontage
Except for accessory buildings, no new buildings shall be erected unless the lot on which
it is situated fronts directly onto a street which has been constructed to standards
established by Council.
Municipal Public Works and Utilities
Council shall ensure that municipal and public utility works such as telephone, water
treatment, pollution control and electric utility facilities are constructed so that no
adverse effect on adjacent land uses is created. In this regard, the size and appearance of
such works shall be in keeping with adjacent uses and buffering, in the form of
landscaped areas between any such works and adjacent uses is required.
Non-Conforming Uses
Applications involving non-conforming uses shall be processed in accordance with
Section 108 of the Urban and Rural Planning Act and Sections 3.31-3.33 of these
Regulations. If a non-conforming uses ceases to exist for a period of more than twelve
months, new uses for the property and any buildings must conform to the requirements
of the land use zone in which it is located.
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing
or promoting fires or other hazards or which may emit noxious, offensive or dangerous
fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or
create any nuisance that has an unpleasant effect on the senses unless its use is
authorized by Council and any other authority having jurisdiction.
Parks, Playgrounds and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zone provided that such parks and
playgrounds are not located in areas which may be hazardous to their use and are not
operated for commercial purposes.
Service Stations
Automobile service stations and garages shall conform to the following conditions:
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.
Trinity Bay North Development Regulations
General Development Standards 19
c) A canopy for sheltering pump islands may be erected provided that no part of
the canopy is located within 3 metres of the street or lot line.
d) Access points shall be at least 7 metres wide and shall be clearly marked.
e) Where a service station is located on a corner lot, the centre line ofany access
shall be at least 15 metres from the center line of the junction. The lot line
between entrances shall be clearly indicated.
4.23
Side Yards
Side yards shall be kept clear of obstruction and shall be provided on the exposed sides
of every building in order to provide access for the maintenance of that building.
4.24
Soils and Drainage
4.25
1.
Development shall only be permitted on lands having soil and drainage conditions that
are suitable to permit the proper siting and development of the proposed uses.
Soil Removal, Deposit and Site Grading
Removal or placement of soil or other material, or alteration to the natural grade or
drainage of a property which adversely affects a watercourse or adjacent property shall
not be permitted.
2. Alteration of hillsides with slopes greater than 30% through the deposition of fill or by
excavation, whether for the purposes of creating land suitable for development or not,
regardless of land use zone, shall be prohibited.
3. Where not part of an approved development, any land disturbance involving the
removal, deposition or grading on a property affecting more than 25 square meters in
area shall require application, review and approval by the Municipality and show the
full extent of disturbance that is intended. Council may require a developer to assess
geotechnical aspects, visual and environmental impacts, as well as impacts on adjoining
properties; and
4. Where alterations to the landscape are approved. financial guarantees may be required
to ensure adequate site rehabilitation and/or landscaping.
4.26
Watercourse Protection
1. No development shall be permitted within 15 metres of the high water mark any body
of water or wetland without approval from the Department of Environment and
Conservation and, if fish habitat is affected, from Fisheries and Oceans, Canada. Council
may require larger buffer areas around watercourses where identified flood plains,
steep slopes or unstable soil conditions (for example) could result in damage to
watercourses and wildlife habitat as a result of development. For the purposes of
assessing applications in areas known to be at risk of flooding, the high water mark is
considered to be the 1:100 year flood level.
2. Council shall require that water crossings, bridges, culverts, stream diversions and
stormwater management devices are planned, designed and constructed so as to ensure
that fish habitat and passage is preserved, protected, and where possible, enhanced.
3. Filling in or alterations of wetlands shall be prohibited.
4.21
Water Pressures/Fire Flows
Development may be refused where water pressures and fire flows cannot be
guaranteed.
20 General Development Standards
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5.1
5.2
Off-Street Parking and Loading
Parking Required
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 parking of vehicles
associated with that building, structure or use.
Parking Spaces
The number of parking spaces to be provided for any building, structure, use or
occupancy shall conform to the standards set out in table below. Parking requirements
for uses not specifically listed below shall be decided at the discretion of Council.
Residential Land Uses
Single detached, double dwelling, row dwelling
Apartment dwelling
Tourism Accommodation
Home Based Occupation
without retail
with retail
Residential Care
Commercial Uses
Medical and Animal Services
Office, Professional, Personal and General Services
Child care
Food and Catering
Shop, Convenience Store and Entertainment
Indoor and Outdoor Market
Industrial Uses
Service Station
All other Industrial Uses
General and Public Uses
Places of assembly, Place of
with seating
Worship, Theatre
without seating
Cultural and Civic
Medical Treatment and Public Care
Parking Requirement
1 space per unit
1 space per unit
1 space per guest room
1 space
1 spaces per 22.5 m
2 of floor area
2 spaces+ 0.5 spaces per resident
Parking Requirement
1 space per 20 m
2
1 space per 30 m2
1 space per 40 m
2
1 space per 10 m
2 of seating area
1 space per 25 m2
1 space per 15 m2 of assembly area
Parking Requirement
1 space per 25 m2
0.5 spaces per working employee
Parking Requirement
1 space per 5 seats
1 space per 10 m2 of assembly area
1 space per 20 m
2
1 space per 4 patients
5.3
Parking Area Design Standards
Parking areas or parking lots associated with a development requiring more than four
parking spaces will meet the following standards:
Trinity Bay North Development Regulations
Off-Street Parking and Loading 21
a) Individual parking spaces will be a minimum oflS m2 in size, accessible without
the need to move other vehicles to access the space;
b) The parking area shall be constructed with a stable surface;
c) No part of any off-street parking area shall be closer than 1.5 metres to the front
lot line in any zone;
d) Where, in the opinion of Council, strict application of the above parking
requirements is impractical or undesirable, Council 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 Council for the provision and upkeep of alternative
parking facilities within the general vicinity of the development;
e) Parking standards to accommodate persons with disabilities shall meet the
requirement of the Buildings Accessibility Act and Regulations;
f)
Landscaping shall be provided on 5% of the parking area for lots less than 1,400
m2 in size, and 7.5% of the parking area for lots greater than 1,400 m2-
5.4
Parking Access Specifications
Off-street parking areas must conform to the following requirements:
a) Each parking area, except in the case of one or two-family dwellings, shall be
made accessible by means of a hard surfaced right-of-way at least 3 metres in
width. Where associated with a residential dwelling, parking shall be provided
on the same lot as the dwelling.
b) Parking areas shall, except in the case of single or attached residential dwellings,
be arranged so that it is not necessary for any vehicle to reverse onto or from a
street.
s.5
Pick-up and Drop-off
Adequate off-street provision for drop-off and pick-up of persons shall be provided in
developments where required, such as uses within the education, passenger assembly,
child care, medical treatment and special care, commercial residential and take-out food
service use classes.
s.s
Off-Street Loading Requirements
1. F'or every building, structure or use to be erected, enlarged or established requiring the
shipping, loading or unloading of goods, wares or merchandise, there shall be provided
and maintained for the premises, loading facilities on land that is not part of a street
comprised of one or more loading spaces, 15 metres long, 4 metres wide and having a
vertical clearance of at least 4 metres with direct access to a street or with access by a
driveway of a minimum width of 6 metres to a street.
2. The number ofloading spaces to be provided shall be determined by Council.
3. The loading facilities required by this Regulation shall be arranged so that vehicles can
move clear of any street and so that it is not necessary for any vehicle to reverse onto or
from a street.
22 Off-Street Parking and Loading
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Signs
s.1
Permit Required
1. Subject to provisions of Regulation 6.14, no sign shall be erected or displayed in the
Planning Area unless a permit for the sign is first obtained from Council.
2. Application for a permit to erect or display a sign shall be made to Council in accordance
with Regulation 3.1.
3. Where provisions of the Municipality of Trinity Bay North Development Regulations are
inconsistent with the regulations respecting advertising signs on or near public
highways made or administered by provincial departments under the Provincial
Hi9hway Sign Regulations, the more restrictive regulations shall apply.
4. A permit granted under these Regulations for the erection or display of a sign shall be
for a period not exceeding two years, but may be renewed at the discretion of Council
for similar periods.
5.
A permit may only be issued for the erection or display of signs which comply with the
appropriate conditions and specifications set out in the following regulations and the
Use Zones in Section 8 of these Regulations.
s.2
Removal of Signs
Council may require the removal of any sign which, in its opinion, is:
a) Hazardous to road traffic by reason of its siting, colour, illumination, or
structural condition, or;
b) Detrimental to the amenities of the surrounding area.
6.3
Signs Exempt from Control
The following signs may be erected or displayed in the Planning Area without
application to the Council:
a) On a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.2 m 2 in area;
b) On an agricultural holding or farm, a notice board not exceeding 1 m 2 in area
and relating to the operations being conducted on the land;
c) On any site occupied by a church, school, library, art gallery, museum, institution
or cemetery, one notice board not exceeding 1 m 2 in area;
d) The name of the building or the name of the occupants of the building, located
on the principal fac;:ade of any commercial, industrial or public building, in
letters not exceeding 10% of the building height or 3m, whichever is the lesser;
e) On any parking Jot, directional signs and one sign not exceeding lm2 in size,
identifying the parking lot.
fJ
Real estate sales, leasing or open house signs up to a maximum area of 1m2;
g) Signs placed by candidates at municipal, provincial or federal elections;
h) Signs for temporary local events such as festivals, from one month before the
event and to be removed within one week of its conclusion;
i)
Temporary signs on construction sites warning of danger and or outlining the
nature of the development up to a maximum area of 7.Sm2·
s.4
Prohibited Signs
Billboards, signs with flashing lights or moving parts or any sign not listed in Regulation
6.7 will not be permitted.
Trinity Bay North Development Regulations
Signs 23
6.5
1.
2.
3.
4.
5.
6.
7.
8.
9.
6.6
6.7
General Standards for Signs
Unless otherwise permitted by these or other regulations (Highway Sign Regulations,
Provincial Highway signs for example) no sign shall be permitted to be erected or
displayed within, on or over any highway or street reservation.
Signs associated with non- conforming uses will be subject to the conditions and
standards for signs in the use zone in which the non-conforming use is located.
All signs must be located on the property where the person/activity /business being
advertised is located unless otherwise permitted in these Regulations.
Signs in all zones must be maintained in good condition (e.g. no peeling paint, rotting
wood, etc.) and shall not present a safety hazard in terms of structural stability and
general accessibility.
The maximum number of signs a commercial use may have is two signs, regardless of
the number of buildings on the lot associated with that business.
The maximum number of signs a home occupation use may have is one sign.
Double faced signs shall count as a single sign.
Illumination of signs must be indirect or external by low-intensity lamps which are not
visible from the street.
No sign shall project above the roofline of a building.
Standards for Signs in the Historic District
Signs in the Historic District are subject to following additional requirements:
a) Signs shall match the aesthetic quality and character of the building to which it
relates and the surrounding environment.
b) Electronic and portable signs are prohibited.
Sign Specifications
The following table outlines the specifications that shall apply to all signs erected for
any commercial use. At the discretion of Council, the conditions and dimensions in the
following table may be modified.
Flush Mounted Signs
Zone
MD,RU
HD
Dimension
3 x 0. 75 metres
0.5 m
2
-
Shall not project more than 23 cm from
the wall on which it is located.
Temporary/Portable Signs
Zone
Dimension
MD, R, RU
1 m2 (per side)
-
Only one sign shall be permitted adjacent
to a commercial use during regular
business hours and that does not interfere
with pedestrian and vehicular traffic.
Ground Signs
Zone
Dimension
MD, R, RU
7.5 m
2 (per side)
HD
1 m
2 (per side)
Hanging and Projecting Signs
Zone
Dimension
MD, R, RU, HO
1 m
2 (per side)
-
Not permitted to swing freely without the
installation of a suita b!e catch chain or
other control device.
Awning/Canopy Signs
Zone
Dimension
MD, RU, HO
3 metres x 0.75 m
-
The canopy shall be self-supporting and
shall not have supports that rest upon the
sidewalkor public right-of-way.
24 Signs
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7.1
7.2
7.3
7.4
7.5
Subdivision of Land
Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of
the subdivision is first obtained from Council. in accordance with Regulation 3.1.
Development Agreement
As a condition of approval for new developments, Council shall require a developer to
enter into an agreement with the Municipality. Such agreements will be negotiated
between the developer and the Municipality for financing and development of services
provided to the site. The agreement shall include specifications for water and sewer
infrastructure, storm drainage, streets, sidewalks, open space, as well as school bus
stops and neighbourhood mailboxes, where required.
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to Council 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.
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 Council 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 3.17 and 3.18.
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of Council, 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, Council 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 ofnuisance;
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; and
n) other matters as may affect the proposed development.
1.e
Proposals for Subdivision of Land
Proposals for the subdivision of lands for residential, commercial and industrial
development shall be required to provide information on:
Trinity Bay North Development Regulations
Subdivision of Land 25
a) The physical features of the site, including development opportunities and
constraints, the location of mature stands of vegetation, including any vegetation
to be retained.
b) The layout of proposed lots and streets.
c) How the proposed subdivision relates to existing development and roads on
adjacent lands, and provide for future access to undeveloped lands in the area.
d) The compatibility between the subdivision and surrounding land uses, both
existing and future.
e) The volume and type of traffic that will be generated by the development.
f)
Proposed servicing, including water and sewer, storm water management, and
utilities from the main street and not from other connections on the lot
g) In residential subdivisions, the locations of neighbourhood mail receptacles.
h) A landscaping plan which shows the location of dedicated open space and
plantings.
7.7
Subdivision Subject to Zoning
The subdivision ofland shall be permitted only in conformity with the Use Zones
delineated on the Land Use Zoning Maps.
1.a
Building Lines
Council may establish building lines for any subdivision street and require any new
building to be located on such building lines.
7.9
Land for Public Open Space
1. Before a development commences, the developer shall, if required, dedicate to the
Municipality (at no cost to the Municipality) an area ofland equivalent to not more than
10% of the gross area of the subdivision for public open space, provided that:
a) Where land is subdivided for any purpose other than residential use, Council
shall determine the percentage ofland to be dedicated;
b) If, in the opinion of Council, no public open space is required, the land may be
used for such other public use as Council 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 Council, but in any case,
Council shall not accept land which, in its opinion, is incapable of development
for any purpose;
d) Council 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 Council in accordance with Regulation 7.9(1d) shall be
reserved by Council 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 Municipality and may be sold or leased by Council 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. Council may require a strip ofland to be reserved and remain undeveloped along the
banks of any river, brook or pond, and this land may, at the discretion of Council,
constitute the requirement of land for public use under Regulation 7.9(1).
26 Subdivision of Land
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7.10
7.11
Structure in Street Reservation
The placing within any street reservation of any structure or landscaping, for example, a
hydro pole, telegraph or telephone pole, fire hydrant, mail box, sign post or planting of
street trees) shall receive the prior approval of Council which shall be satisfied on the
question of safe construction and relationship to the adjoining buildings and other
structures within the street reservation.
Subdivision Design Standards
No permit shall be issued for the development of a subdivision unless the design of the
subdivision conforms to the following standards;
a) The finished grade of streets shall not exceed 10 percent.
b J New subdivisions shall have street connections with an existing street or streets.
c) All street intersections shall be constructed within lOQ of a right angle and this
alignment shall be maintained for 30 metres from the intersection.
d) No street intersection shall be closer than 60 metres to any other street
intersection.
e) No more than four streets shall join at any street intersection.
f)
No residential street block shall be longer than 490 metres between street
intersections.
g) Streets in residential subdivisions shall be designed in accordance with the
approved standards of Council, but in the absence of such standards, shall
conform to the following minimum standards:
l 1.sl_
9m -
Ls\
..._ ______ zom -----
Collector Street
Street Right-of-Way:
Street Width:
Minimum Sidewalk Width:
Number ofSidewalks:
20 metres
9 metres
1.5 metres
2
Local Street
Street Right-of-Way:
Street Width:
Minimum SidewalkWidth:
Number ofSidewalks:
15 metres
7 metres
1.5 metres
1
h) Residential lots shall not be permitted which abut a local street at both front and
rear lot lines.
i) Council may require any existing natural, historical or architectural feature or
part thereof to be retained when a subdivision is developed.
j} Land shall not be subdivided in such a manner as to prejudice the development
of adjoining land.
Trinity Bay North Development Regulations
Subdivision of Land 27
7.12
1.
Engineer to Design Works and Certify Construction Layout
Plans and specification 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 Council 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 Council, be
incorporated in the plan of subdivision.
2. Upon approval by Council of the proposed subdivision, the Engineer shall certify all
work of construction layout preliminary to the construction of the works and thereupon
the developer shall proceed to the construction and installation, at his or her 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 Council
to service the said area.
1.13
Street Works May Be Deferred
7.14
1.
The construction and installation of all curbs and gutters, catch basins, sidewalks and
paving specified by Council may be deferred until a later stage of the work on the
development. Prior to approval. the developer shall deposit with Council, an amount
estimated by the Engineer as sufficient to cover construction and installation costs. In
the later stage of the work of development, Council shall call for tenders for
construction and installation of the works, and the amount so deposited by the
developer shall be applied towards payment of the contract cost. If the contract cost
exceeds the deposit, the developer shall pay to Council the amount of the excess. If the
contract price is less than the deposit, Council shall refund the amount by which the
deposit exceeds the contract price. Any amount so deposited with Council by the
developer shall be placed in a separate savings account in a bank and all interest earned
shall be credited to the developer.
Transfer of Streets and Utilities to the Municipality
Where required by the terms of a Subdivision Development Agreement, the developer
shall, following the approval of the subdivision of land and upon request of Council,
transfer to the Municipality, at no cost to the Municipality, and clear of all liens and
encumbrances:
a) All lands in the area proposed to be developed or subdivided which are
approved and designated by Council for public uses as streets, or rights-of-way,
or for other public use;
b) All services or public works including streets, water supply and distribution and
sanitary and storm drainage systems installed in the subdivision that are
normally owned and operated by Council.
2. Before Council shall accept the transfer of lands, services or public works of any
subdivision, the Engineer shall, at the cost to the developer, test the streets, services and
public works installed in the subdivision and certify satisfaction with their installation.
3. Council shall not provide maintenance for any street, service or public work in any
subdivision until such time as such street, service or public work has been transferred
to and accepted by Council.
28 Subdivision of Land
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Use Zone Tables
e.1
Use Zones
8.2
8.3
8.4
1. For the purpose of these Regulations, the Planning Area is divided into Use Zones which
are shown on the Trinity Bay North Land Use Zoning Map attached to and forming part
of these Regulations as follows:
I Mixed Development
MD
Residential
R
Heritage District
HD
'
Rural
RU
Open Space
OS
Protected Water Supply
PWS
2. Subject to Regulation 8.1(1), the permitted and discretionary uses, standards,
requirements and conditions applicable to each Use Zone are set out in Section 8.5 to
8.10 of these Regulations.
3. Where standards, requirements and conditions applicable in a Use Zone are not set out
in Sections 8.5 to 8.10, Council may in its discretion, determine the standards,
requirements and conditions which shall apply.
4. Appendix C contains a table listing of classes of uses and provides examples of specific
uses for each use class. Using Appendix C, the Authority can interpret a proposed use
and determine whether it is permitted, discretionary or prohibited in the applicable use
zone.
Permitted Uses
Subject to these Regulations, the uses that fall within the permitted Use Classes set out
in the Use Zones in Sections 8.5 to 8.10 shall be permitted by Council in that Use Zone.
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set
out in the appropriate Use Zone in Sections 8.5 to 8.10 may be permitted in that Use
Zone if the Council is satisfied that the development would not be contrary to the
general intent and purpose of these Regulations, the Municipal Plan, or any further
scheme or plan or regulation pursuant thereto, and to the public interest, and if Council
has given notice of the application in accordance with Section 3.13 and has considered
any objections or representations which may have been received on the matter.
Prohibited Uses
Uses that do not fall within the Permitted or Discretionary Use or Use Class, or are
specifically listed as a Prohibited Use in a Use Zone in Sections 8.5 to 8.10, shall not be
permitted in that Use Zone.
Trinity Bay North Development Regulations
Use Zone Tables 29
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Mixed Development (MD)
0
8.5.1
Permitted Uses
Single Dwelling
Double Dwelling
Apartment Dwelling
Residential Accommodation
0
Row Dwelling
Residential Care
Medical Services
Personal Services
Convenience Store
Indoor Market
0
Emergency Services
Transportation Services
General Service
Outdoor Market
Food and Catering
Shop
0
Office and Professional
Child Care
Educational
Commercial Accommodation
-----Place of Worship ------------
Gener a I Assembly
0
Cultural and Civic
Marine Transportation
Public Work and Utilities
Indoor Assembly
Transportation
Medical Treatment and Special Care
0
Service Station
Recreational Open Space
Conservation
0
Small Scale Agriculture
8.5.2
Discretionary Uses
0
Animal Services
Shopping Centre
Entertainment
D
Outdoor Assembly
Cemetery
Marine Industry
Light Industry
General Industry
0
8.5.3
Lot Requirements
0
Standard
Single
Double
Row
Apartment
Minimum lot area (m2)
450
Minimum lot frontage
12m
280lunit
220/unit
210/unit
9mfunit
6m per unit
25m
0
Minimum setback
2m
2m
2m
5m
Minimum side yard
1.5 m
Minimum flanking yard
2m
1.5m
3m
5m
2 metres
2 metres
5m
[
Minimum rear yard
8m
8m
5m
10m
Maximum lot coverage
33%
Maximum building height
33%
75%
50%
14m
[
'Setbacks shall be consistent with adjoining dwellings where appropriate.
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8.5.4
Lot Requirements for Non-Residential Uses
Minimum frontage
15 m
6m
8m
2m
Bm
2m
14m
33%
66%
Minimum setback
Minimum setback along Highway 230 *
Minimum side yard
Minimum rear yard
Minimum flanking yard
Maximum building height
Maximum lot coverage
Maximum coverage of impervious surfaces
* Minimum building line setbacks along Highway 230 to be approved by the Department
of Transportation and Works.
8.5.5
Abutting Use Yard Requirements
Where a proposed commercial or industrial use abuts a residential, public or
institutional, or open space use within the Mixed Development zone, Council may
require the following conditions:
1. Council may require a screen or barrier such as a fence, landscaped embankment, or
trees to be erected on the non-residential site along the lot lines, consistent with the
visibility requirements for traffic safety.
2. Council may increase the sideyard and rearyard requirements on the non-residential
site to provide additional separation from the abutting use.
8.s.s
Light Industrial Uses
Light industry uses may must be conducted and wholly contained within an enclosed
building and shall not be obnoxious by reason of noise, vibration, odour, dust, smoke,
unsightly outdoor storage, refuse matter, or water carried waste. Such uses shall not
involve the use of chemical processes which result in the emission of gases, use of
significant volumes of water or which generate significant levels of truck traffic.
8.5.7
Marine Industrial Uses
8.5.8
1.
2.
Where land fronts on the marine shoreline, industrial uses shall be limited only to
marine industrial uses. In these areas, the following conditions will apply:
a) All applications for development in this area will be forwarded to the Water
Resources Division of the Department of Environment and Labour for review
and recommendation.
b) Council may require flood proofing of new buildings and structures approved in
this area.
Outdoor Storage
Outdoor storage shall not be permitted in front or flanking yards for any development.
Outdoor storage shall not be permitted in a commercial or industrial yard abutting a
residential or public/institutional use.
3. Council may require fencing or other forms of screening to reduce the unsightly
appearance of outdoor storage.
Trinity Bay North Development Regulations
Mixed Development (MD) 31
8.6
Residential (R)
8.6.1
Permitted Uses
Single dwelling
Seasonal dwelling
Double dwelling
Cemetery
Marine Transportation
Transportation Services
Public Works and Utilities
Recreational Open Space
Conservation
8.6.2
Discretionary Uses
Row dwelling
Mobile dwelling
Residential Accommodation
Medical Services
Personal Services
Convenience Store
Office and Professional
Child Care
Place of Worship
Small Scale Agriculture
8.6.3
Lot Requirements
Standard
Single
Double
Row
Minimum lot area (m2)
450
280/unit
220/unit
Minimum lot frontage
12m
9m/unit
6m per unit
Minimum setback
2m
2m
2m
Minimum side yard
1.5m
1.5m
3m
Minimum flanking yard
2m
2 metres
2 metres
Minimum rear yard
Sm
8m
5m
Maximum lot coverage
33%
33%
75%
Maximum building height
14
* Building line setbacks shall be consistent with adjoining dwellings where appropriate.
a.6.4
Accessory Buildings
In addition to the requirements set out in Regulations 4.2 and 4.3 of these Regulations.
a} Where building lots are larger than 1,400 m2 (15,000 ft2), accessory buildings
shall have a floor area no greater than 75 m2 (807 ft2), and a height of no more
than 6 metres (20 ft).
b) Where building lots are 1,400 m2 (15,000 ft2) or less, accessory buildings shall
have a floor area no greater than 50 m 2 (538 ft2) and a height of no more than
3.6 metres (12 ft).
a.s.s
Convenience Stores
1. Convenience stores shall not exceed 140 m2 (1,507 ft2) of floor area. The retail use shall
be subsidiary to the residential character of the area and shall not affect residential
amenities of adjoining properties.
32 Residential (R)
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2. A building containing a convenience store shall be of a design, with any parking, lighting
or signs arranged, so as to blend in with the character of the residential area, and to
minimize its effect on the adjacent residential uses. All convenience stores will be
required to have adequate off-street parking.
8.6.6
1.
Home Occupations
In addition to the requirements set out in Regulations 4.12and 4.13, home occupations
in the Residential zone are subject to the following conditions:
a) Home occupations are limited to office, medical, professional and personal
service uses and childcare, which may be permitted as a discretionary use in a
dwelling unit in the form of doctors' consulting rooms, personal services, small
business services, small-scale repair services, and similar uses.
b) The use is clearly a subsidiary use to the residential use and does not detract
from the residential character of the neighbourhood.
c) No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the approved use and no repairs to vehicles or
heavy equipment are carried out
d) Activities associated with the use are not hazardous and do not cause noticeable
noise, odour, dust, fumes or inconvenience, and are not a nuisance to occupants
of adjoining residences.
Trinity Bay North Development Regulations
Residential (R) 33
a.7
Heritage District (HD)
8. 7 .1
Permitted Uses
Single Dwelling
Residential Accommodation
Child Care
Office and Professional
General Services
Double Dwelling
Residential Care
Medical Services
Personal Services
Shop
Cemetery
Transportation Services
Public Works and Utilities
Recreational Open Space
Conservation
s .1.2
Discretionary Uses
Row dwelling
Apartment Dwelling
8.7.3
8.7.4
1.
Food and Catering
Commercial Accommodation
Indoor Market
Outdoor Market
Convenience Store
Take-Out Food Service
Entertainment
Theatre
Place of Worship
General Assembly
Outdoor Assembly
Indoor Assembly
Medical Treatment & Special Care
Cultural and Civic
Educational
Marine Transportation
Light Industry
Marine Industry
Small Scale Agriculture
Lot Requirements
Standard
Single
Double
Row
Apartment
Minimum lot area (m2)
450
280/unit
220/unit
210/unit
Minimum lot frontage
12m
9mfunit
6m per unit
25m
Minimum setback
Consistent with adjoining dwellings
Minimum side yard
1.5 m
1.5 m
3m
5m
Minimum flanking yard
2m
2 metres
2 metres
5m
Minimum rear yard
8m
Sm
5m
10 m
Maximum lot coverage
33%
33%
75%
50%
Maximum building height
14m
Architectural Design Requirements
A development permit will only be issued for any new structures, alterations,
renovations or additions to a building in the Historic District that conform to the
historic architectural style of the Port Union Historic District, including but not limited
to:
34 Heritage District (HO)
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a. Exterior cladding must be 100-102 mm ( 4 inches) width traditional wooden
clapboard, although contemporary materials may be permitted if they are
compatible with the original appearance of materials and detailing of the
building and with surrounding structures and environment.
b. All cladding must be aligned horizontally and must have a colour that is
acceptable in terms of the area's historic quality (visit
http://www.heritagefoundation.ca/docs/historic paint.pdf for acceptable
colours).
c.
All structures must have window and door trim and corner boards.
d.
All windows must be vertically oriented, double hung windows, with the
exception of ornamental and transom windows.
e. The direction, pitch, material, architectural style and arrangement of roofs must
be compatible with existing roof types in the Historic District.
2. Buildings that do not conform to one of the architectural styles outlined in Regulation
B. 7.4(1) may be permitted where it can be demonstrated that the proposed
architectural style matches two or more existing historic buildings in the Historic
District.
8.7.5
1.
Additions, Renovations and Alterations
An existing structure that conforms to the architectural style of the Historic District may
be expanded providing the changes are consistent with the architectural style of the
original building.
2. An existing structure that does not conform to the architectural style of the Historic
District may be expanded provided the proposed changes bring the structure into
conformance, or more into conformance, and that the addition is consistent with the
architectural style of the original building.
3. Original architectural feahires and materials, such as doors, door openings, windows,
window openings, cladding, trim and roof style should be retained or, when
deteriorated beyond repair, replaced with duplicates of the original. If duplicates are
unavailable, replaced elements should match the original elements as closely as
possible.
a. Contemporary materials may be permitted if they are compatible with the
original appearance of materials and detailing of the building.
Accessory Buildings
8.7.6
1. Accessory buildings must features cladding, trim and windows that match the style and
dimensions of cladding, trim, windows and roofs found on the primary structure.
2. Prefabricated, temporary or portable structures such as baby barns with gambrel roof
are not permitted.
a.1.1
Convenience Stores
Convenience store uses will be limited to stores catering to the tourist trade such as gift
and craft shops and other specialty shops.
s.1.s
Fences
1. Fences along the front and flanking yard must be constructed in the traditional style of
vertical wood pickets.
2. No part of a fence shall be closer than 1.5 metres to the front and flanking lot lines.
3. Fencing materials other than vertical wood pickets may be used only where;
Trinity Bay North Development Regulations
Heritage District (HD) 35
a) the fence or wall is used on a rear lot boundary or side yard boundary, it is
required for the purposes or temporary security and/or safety or it is not visible
from the general public.
a.1.s
Residential Development
1. New development shall be consistent in size, scale and materials with existing
development, and is in keeping with Heritage District policies outlined in the Municipal
Plan.
2. Existing structures may be expanded providing the changes are consistent with the
architectural style of the original building and with developments within the Historic
District.
a.1.10 Parking Requirements
Parking requirements in the Historic District shall be calculated in following table:
Land Use
Parking Requirement
Single detached, Double dwelling, Row dwelling
0.5 spaces per unit
Apartment dwelling
1.0 spaces per unit
All other uses
75 percent of parking regulations,
as established in Regulation 5.2.
36 Heritage District (HD)
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8.8
Rural Zone {RU)
a.s.1
Permitted Uses
Commercial Agriculture
Mineral Working
Forestry
Light Industry
Public Works and Utilities
Recreational Open Space
Conservation
Small Scale Agriculture
a.a.2
Discretionary Uses
Single Dwelling
8.8.3
1.
8.8.4
Animal Services
Penal and Correctional Detention
Cemetery
Outdoor Assembly
Marine Transportation
Hazardous Industry
General Industry
Scrap Yard
Residential Development
Residential development may be permitted if it is accessory to and necessary for the
operation of a primary permitted industrial use such as a farming operation.
Industrial Development
General industrial uses shall be restricted to the maintenance and repair of equipment,
processing and storage related to agriculture, forestry or mineral working uses which;
a) Do not require municipal services.
b) Are extensive users of land for open storage and handling of materials, goods
and equipment.
c) Would create nuisances iflocated in an urban area because of appearance, noise,
heavy truck traffic, or other features of the operations.
d) No wholesale or retail sales activities shall be permitted.
8.8.s
Mineral Exploration
Mineral exploration activities shall meet the following conditions:
a) The planned activities do not cause undue noise, significant ground disturbance
or risks to the safety of residents of Trinity Bay North;
b) A plan to consult with and inform residents of the activity is submitted and
approved by Council;
c) All permits and approvals from federal and provincial agencies including the
Department of Mines and Energy have been obtained;
d) A site rehabilitation plan is submitted and approved by Council for exploration
activities which require trenching and/or the creation of cutlines through
wooded areas, or other forms of ground disturbance; and
e) A refundable cash deposit of$1000.00 has been made to Council which shall be
returned when the rehabilitation work has been completed in accordance with
the development permit and to the satisfaction of Council.
Trinity Bay North Development Regulations
Rural Zone (RU) 37
8.8.6
Mineral Workings
Mineral working may only be permitted in the Rural Use Zone and shall meet the
following conditions:
a) No mineral working shall be in view of urban development or scenic areas.
b) Mineral workings must conform with the minimum distances from other
development as set out below, unless after consulting appropriate government
departments, Council is satisfied that the use will not create a nuisance and will
not adversely affect the amenity of the specified development or natural feature:
Adjacent land use
Minimum Buffer
Any other developed area or area likely to be developed during the
life of the pit or quarry working
300 metres
Public street or highway
50 metres
Waterbody or watercourse
30 metres
c) Explosive blasting related to aggregate extraction activities shall not be
permitted within 1,000 metres of an area in which residential development is
permitted.
d) A mineral working shall not be visible from a public street or highway,
developed area, or area likely to be developed during the life of the working.
e) Council may require the mineral working site or excavated areas of a pit or
quarry to be enclosed by a fence designed and constructed to its specifications
and no less than 1.8 metres in height.
f)
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any waterbody or watercourse. Any access road to
a pit and 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.
g) No mineral working shall be carried out in a manner so as to cause erosion of
adjacent land.
h) The mineral working shall be kept clean or refuse, abandoned equipment and
any derelict buildings.
i) During extended periods of shutdown, access roads to a mineral working shall
be ditched or barred to the satisfaction of Council.
38 Rural Zone (RU)
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8.9
Open Space (OS)
8.9.1
Permitted Uses
8.9.2
8.9.3
8.9.4
Conservation
Recreational Open Space
Discretionary Uses
Forestry
Agriculture
Marine Transportation
Public Works and Utilities
Small Scale Agriculture
Agriculture
Agricultural uses such as the pasturing of animals and use of land for growing hay may
be permitted within the Open Space zone as accessory to an existing agricultural use,
where, in the opinion of the Authority, the use will not have an adverse impact on
streams or wetlands, by virtue of pollution from runoff or erosion.
Trails and Boardwalks
Board walks, trails, view structures and interpretive signage shall be well planned,
constructed and maintained to ensure a high level of environmental protection.
Trinity Bay North Development Regulations
Open Space (OS) 39
s.10 Protected Water Supply (PW)
8.10.1 Permitted Uses
Conservation
a.10.2 Discretionary Uses
Agriculture
Recreational Open Space
Public Works and Utilities
8.10.3 Discretionary Use Classes
Forestry
Marine Transportation
Discretionary uses classes may only take place if, in consultation with the Department of
Environment and Lands, it had been determined that the development will not
adversely affect the quality and quantity of domestic water supple from the Protected
Watershed.
40 Protected Water Supply (PW}
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Appendix A- Land Use Zoning Map
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Trinity Bay North Development Regulations
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Appendix B - Provincial Development Regulations
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42 Appendices
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NLR 3/01 - Development Regulations under the Urban and Rural Planning Act, 2000
This is an official version.
Copyrighl © 2006: Queen's Printl!r,
St John's. Newfoundland and Labrador, Canada
Important Information
(Includes details about the availnbili1y of printed and ek.-ctronic 11crsions orthc S1atu1es.)
Table of Rcgulntinn.~
.\!:Jin Sill'
Ho\\ current i'i 1hi,; rcgulatinn'!
NEWFOUNDLAND AND LABRADOR
REGULATION 3/01
Dl!1,efopme111 Regulations
under the
Urban and R11ral Pla1111ing Act. 2000
(Fifed January 2, 2001)
Under the authority of section 36 of the Urban a11d Rural Pla1111ing Act , 2000, l make the
following regulations.
Dated al S1. John's, January 2. 2001 .
Joan Marie Aylward
Minister of Municipal and Provincial Affairs
REGULATIONS
A11aly.ris
..a.
ln1,;, pn,;1:u 1un
,,. A 11nc .,, rem ii n: ""'""
http://assembly.nl.ca/Legislation/sr/regulations/rcO 10003 .htm
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NLR 3/01 - Development Regulations under the Urban and Rural Planning Act, 2000
It)_ ro111nk;llt't'm~nl
Shon lille
1. These: regulations may be cited as lhc De1'elopme11t Regu/a1io11s.
Definitions
2. In these regulations,
(a) "Act", unlt:ss the context indicate olhcrwisc, means the Urban cmd Rural P/a1111i11g Act,
2000;
(b) "applicant'' means a person who has applied lo an authority for an approval or p.:rmit to
carry out a development;
(c) "authority" means a council, authorized administrator or regional authority; and
(d) "dcvclopmenl regulations" means these regulations and regulations and by~laws
respecting development that have been cn.ictcd by the relevant authority.
Application
J. (I) These regulations shall be included in the development regulations of an authority and
shall apply to all phinning areas.
(2) Where there is a conflict between lhesc regulations and development regulations or
other rcguhuions of an authority. these regulations shall apply.
( 3) Where another Act of the province provides II righ I of appeal 10 the board, these
regulalions shall apply lo lhat appeal.
lnterprelation
4. (I) In development regulations and other regulations made with respect to a planning 1m:a the
following terms shall have the meanings indicated in this section
(n) "access" means a way used or intended to be used by vehicles, pedestrians or animals in
order 10 go from II s1rcc110 adjaccnL or nearby land or to go from that land lo the: street;
http://assembly.nl.ca/Le gislati on/sr/regulations/rc0 10003 .htm
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NLR 3/01 - Development Regulations under the Urban and Rural Planning Act, 2000
(b) "accessory building" includes
(i) a detached subordinate building not used os a dwelling, located on the same lot as
the m.iin building to which it is an accessory and which has a use that is customarily
incidental or compl1:ment.ary to the main use of 1hc building or land,
(ii) for residential uses, domestic gnragcs, carports, ramps, sheds, swimming pools,
grcl!nhouscs, cold frames, fuel sheds, vegetables s1orage cellars, shelters for domestic
pets or radio and television anlcnnae,
(iii) for commercial uses, workshops or garages. and
(iv) for industrial uses, garages, offices, raised ramps and docks;
(c) "necessary use" means a use that is subsidiary to 11 penniucd or discn:tionary use and
that is customarily expected to occur with the permitted or discretionary use;
(d) "building hcig.ht" mcans the vertical distance, measured in metres from the cslabfohcd
grade to the
(i) highest point of the roof surface of a flal roof,
(ii) deck line of a mansard roof, and
(iii) mean height level between the cave and thc ridge of a gable, hip or gambrcl roof,
and in any case, a building height shall not include mechanical structure, smokcs1.icks,
steeples and purely ornamcmal structures above a roof;
(c) "building line" means a line established by an au1hority that runs parallel to a street line
and is sel nl lhc closest point to a street that a building may be placed;
(I) ttdiscrctionary use" means a use thai is lislcd within the discretionary use classes
cslablishcd in lhc use zone tables of an authority's development rcgu\a1ions;
(g) "cstablishcd grudc" means,
(i) where used in rcrcrcncc to a building, 1he average elevation of the finished surface
of the ground where ii meets the cxlcrior or the front of that building exclusive of any
artificial embankment or entrenchment. or
(ii) where used in n:fen:ncc 10 a s1ruc1urc that is not a building, the avcrngc elevation
of the linishcd grade of the ground immcdialcly surrounding the struclure. exclusive
or any artiricial embankment or entrenchment;
(h) "floor area" means the total area of .ill noors in a building measured 10 the outside face
of exterior walls;
(i) "frontage" means the horizontal dis1ancc between side lot lines measured al the building
line;
(i) "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" me.ins the total horizontal area within the I im:s of the lat;
( I) "lot coverage" means the combined area of all building on a lot measured al the level of
the lowest floor above the established grade and expressed as a percentage of the total
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NLR 3/01 - Development Regulations under the Urban and Rural Planning Act, 2000
area of the I ot;
(m) "non-conforming use" means a leg.illy existing use th.it is not .lis1cd .is :i permitted or
discretionary use for the use zone in which ii is locaied or which does not meet the
development standards for th111 use zone:
(n) "owner" means a person or .in organization of persons owning or having the legal right
lo use the land under consideration;
(o) "pcnnim:d use" means 11 use 1ha1 is listed within the pcrmittcd use classes set out in the
use zone tables of an authority's development regulations;
(p) "prohibircd use" mc11ns a use lhat is not listed in a use zone within the pcrmittcd use
classes or discretionary use classes or a use thut an au1hority specifics as not pcrmiucd
within a use zone;
(q) "sign" means a word, letter, model, placard, board, device or reprcscnlation, whether
il\uminaled or nol. in the m1ture of or employed wholly or in par! for rhe purpose of
11dvenisemen1, onnou11cemcn1 or direction and excludes those lhings employed wholly os
a memorial, advc:rtisemcnts of local government, ulili1ies and boarding or similar
structures used for the display of advertisements;
(r) "rear yard depth" means the dislnncc bet wccn the rear lot line and the rear wall of the
main building on a lot;
{s) "side yard dcpth" means the distance between the side lot line and the m:an:st sidi: wall
of a building on the lot;
(t) "street" mcons a strcc1, road, highway or olhcr way designed ror lhc passage of vehicles
and pedestrians and which is accessible by fire department and other emergency vehicles;
{u) "s1rce1 line" means the cdgc of a streel rescrvalion as defined by 1he authori1y having
jurisdiction;
{v) "use" means a building or activity situated on II lot or a dcvclopmcnt permitted on a lot;
(w) "use zone" or "zone" means an area of land including buildings and wa1cr designated on
the zoning map to which the uses, standards and conditions of n particular use zone table
apply;
(x) "variance" means a depanurc, to a maximum of I 0% from 1hc yard. area, lot coverage,
se1back, size, height, fronlage or any other numeric rcquircmcnl of the applicabll! Use
Zone Table or the au1hority's rcgula1ions; and
(y) "zoning map" means the map or maps auachcd to and forming a part of1hc 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 lislcd in the authority's regulations as disc:rctionary, permitted
or prohibited uses for that area.
H.u:kwTop
Notice or right to appeal
S. Where an authority makes a decision that may be appealed under section 42 or the Act, that
aulhorily shall, in writing, at the time of making that decision, notify the person to whom the
dccision applh:s of lhe
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NLR 3/01 - Development Regulations under the Urban and Rural Planning Act, 2000
(a) person's right 10 appeal 1hc decision to the board;
(b) lime by which an appeal is 10 be made;
(c) right of other in1eres1cd persons 10 appeal the decision; and
(d) manner of making an appeal and the address for the filing of1hc appeal.
Appeal requirements
6. (I) The secretary of the board at the Department of Municipal and Provincial Affairs, Main
Floor, Confederation Building (West Block), P.O. Boit 8700, St. John's, Nfld., A I B 4J6 is the
secretary 10 all boards in 1hc province and an appeal filed with 1hat secretary within the time period
reforred to in subsection 42(4) of the Act shall be considered 10 have been filed with the appropriate
board.
(2) Notwithstanding subsection (I), where the City of Comer Brook , City of Mount Pearl
or City of St. John's appoints an appeal board under subsection 40(2) of 1hi: Act, an appeal shall bi:
filed with the sccrerory of thm 11ppoin1cd bonrd.
(3) The fee required undi:r section 44 of the Act shall bi: paid to the board that hears the
decision bci ng 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 bonrd that hcan. the deci~inn being appealed shall, subject 10 subsection 44(3) of the
Act, retain the fee paid to lhe board.
(5) Where an appc1d of a decision and the n:quircd foe is not received by n board in
accordonce with Chis section and Port VI or the Acl, the right to appeal that decision shall be
considered to have been forfci1cd.
Appeal registration
7. (I) Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as reforrcd 10 in subsections 6( I) and (2), shall immediately register 1hc
appeal.
(2) Where an appeal hns been regis1ercd the secre1ary of the board shall no1ify the
appropriate authority or the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
(.:\) Where an authority hns been notifo:d of an nppcnl that authority shall forward to thi:
appropriate board a copy of the application being appealed, all correspondence, council minutes,
pi.ans and other relevant informntion rc\a1i ng to the appeal inc \uding the names and addresses of the
applicant and 01her in1crcs1ed pcrs- n5 of whom the authority has knowledge.
(4) Upon receipt of Lhe information under subsection (3), the secretary or the board shall
publish in a newspaper circulated in 1hc area of the appropriate authority, a notice that the appeal has
been registered.
(5) A notice published under subsection (4) shall be published nal fewer than 2 weeks
before the dati: upon which the appeal is to be heard by lhe board.
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NLR 3/01 - Development Regulations under the Urban and Rural Planning Act, 2000
Development prohibited
8. (I) Immediately upon notice of the registration or an appeal the :ippropriatc authority shall
ensure that any development upon the property that is the subject of the appeal ceases.
(2) S1.-ctions I 02 and IO.:t of the Act apply to an authority acting undcr subscc1ion (I).
(3) Upon receipt of a notification of the registration of an appeal with respect to an order
under section I 02 of !he Acl, an authority shall not carry out work related 10 the matter being
appealed.
Hearing notice und meetings
9. ( I) A board shall notify I.he oppellant, applicant, authority and other persons affcc1cd by the
subject of .in appeal of the date, timc and place for the appeal not fewer than 7 days before I.he date
scheduled for the hcoring of the appeal.
(2) A board may meet as often 11s is necessary 10 conduct its work in an expeditious manner.
Hearing or evidence
10. (I) A board shall meet al a pince wi lhin the area under its jurisdiction and the appellant and
other persons noti lied undcr subsection 9( I) or their representative may appear before the board and
make representations with respect to the mnucr being appealed.
(2) A hoard shall hear an appeal in accordam:e with section 43 of the Act and these
regulations.
(3) A written report submillcd under subsection 43(2) of the Act respecting a visit to and
\'iewing of a property shall be considered to have been provided in the same manner .is evi'1encc
directly provided at the hearing or the board.
(4) In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
Board decision
11. A decision of the board must comply with the plan, scheme or development regulations that
apply 10 the mauer that has been appealed to that board.
Variances
12. (I) Where an approval or permit cannot be given by an authority because a proposed
development docs not comply with development standards set out in development regulations. an
authority may, in its discretion, vary the applicable development standards to a m11ximum of 10% if,
in the authority's opinion, compliance with the development standards would prejudice the proper
dcve lopment of the land. building or structure in question or would be conlrary lu public interest.
(2) An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered togclhcr with other variances made or to
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NLR 3/01 - Development Regulations under the Urban and Rural Planning Act, 2000
be made with respect to the same land, building or structure, would have a cumulative effect that is
greater than a IO% variance even though lhe individual varinnces are separutcly no more than 10%.
(3) An authority shall nOl permit a variance from development standards where lhe
proposed development would increase the non conformity of an existing development.
Notice or variunce
13. Where an authority is to consider a proposed variance, that authority shall give written nolice
of the proposed variance from development standards 10 all persons whose land is in the immediate
vicinity of the land 1h11t is the subject of the varinncc.
fl,u .. ~ ltl Jnr
Residential non conformity
14, A residential building or structure referred to in p;iragraph J08(3)(g:) of the Act mus 1, where
being repaired or rebuilt, be repaired or rebuilt in accordance with the plan 11nd development
regula1ions applicable 10 lhal building or structure.
Notice and h~arings on chonge of use
15. Where considering a non conforming building, s1ructurc or dcvdopmenl under paragraph
I 08(3)(d} of the Act and bcforll making a decision 10 vary an cxis1ing use or thlll non-conforming
building, structure or dcvelopment, an au1hority, at the applicnnl's expense, shall publish a nDlicc in
a newspaper circulating in the urea or by olhcr means give public notice of an application to vary the
existing use of a non-conforming building, structure or dcvclopmcnt und shall consider any
rcprnsentations or submissions n.-ceivcd in response to that advcrliscmenl.
Non-conformance with standards
16, Where a building, structure or development does nm meet the dcvdopmcnl stand.ards
included in <k:vclopmcnt regula1ions, the building, structure or development shall not be expanded if
the expansion would increase lhc non-conformity and an expansion must comply with 1hc
development s1andards applicable to that building, structure or dcvclopmem.
Discontinuance of non-conforming use
17. An authority may make development regulations providing ror a greater period or time than
is provid\.-d under subseclion 108(2) of lhe Act wi1h respect to the time by which a discontinued non-
conforming use may resume operation.
Delegation of powers
18. An au1hority sh.lll, where designating employees to whom 11 power is to be ddegatcd under
subseclion l09(3) of 1he Acl, make lhal designation in writing.
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NLR 3/01 - Development Regulations under the Urban and Rural Planning Act, 2000
Page 8 of 8
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Commencement
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19. These regulations shull be considered to hove come into force on January 1, 2001.
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©Earl G. Tucker, Queen's Printer
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Appendix C - Classification Guide to Land Uses and Buildings
This lists is intended to assist in the interpretation of the types of uses within the use classes
listed in the Use Zone Tables in Section 8 of these regulations. Examples included in the
following table are not exhaustive and are used to illustrate typical types of developments
within a use class.
Residential Uses
Residential Uses
Division
Use Class
Residential Dwelling Uses
Single Dwelling
Double Dwelling
Row Dwelling
Apartment Building
Mobile Home
Examples
- Single Detached
- Duplex Dwellings
- Semi-detached Dwelling
- Row Houses
- Apartment Building
- Residential Complexes (4 or more
units)
- Mini Homes
- Mobile Homes
Other Residential Uses
Residential Accommodation
- Bed & Breakfasts
I Commercial Uses
Division
Business and Professional
Uses
General Services
Seasonal Residential
Residential Care
Use Class
Medical Services
Office and Professional
Personal Services
Trinity Bay North Development Regulations
- Boarding Houses
- Summer Cabins
- Lodging Homes
- Personal Care Homes
- Residential Care Centres
Examples
- Clinics
- Dental Offices & Surgeries
- Medical Offices & Consulting Rooms
- Veterinary Clinics
- Animal Hospitals
- Professional Offices
- Law Offices
- Banks
- Business & Government Office
- Barbers
- Beauty Parlours
- Domestic & Household Arts
- Hairdressers
- Tanning Salons
- Pet Grooming
43
Retail Uses
Entertainment Uses
44 Appendices
General Services
Animal Services
Commercial
Accommodation
Communications
Emergency Services
Shopping Centre
Shop
Indoor Market
Outdoor Market
Convenience Store
Food and Catering
Take-Out Food Service
- Nail Salons
- Car Washes
- Dry Cleaners (not using flammable or
explosive substances)
- Laundromats
- Small Tool & Appliance Service/
Rentals
- Animal Pounds
- Kennels
- Zoos
- Pet Sitting Services
- Hotels
- Motels
- Inns
- Radio Stations
- Telephone Exchanges
- Police Stations (without detention
quarters)
- Fire Station
- Shopping Centres
- Strip Malls
- Automobile Dealerships
- Used Car Lots
- Department Stores
- Retail Shops
- Showrooms
- Supermarkets
- Auction Halls
- Exhibition Halls
- Indoor Famers Markets
- Animal Markets
- Fish Stalls
- Market Grounds
- Produce & Fruit Stands
- Outdoor Farmers Markets
- Flea Markets
- Confectionary Stores
- Corner Stores
- Gift Shops
- Specialty Shops
- Video Stores
- Bars
- Lounges
- Restaurants
- Nightclubs
- Take-out Restaurants
- Food Stands
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Entertainment
Theatre
Institutional and Public Uses
Division
Penal & Correctional
Institutional Uses
Institutional Care Uses
Cultural and Institutional
Uses
Assembly Uses
Use Class
Penal & Correctional
Detention
Medical Treatment & Special
Care
Funeral Home
Child Care
Cultural & Civic
Educational
Place of Worship
Cemetery
General Assembly
Indoor Assembly
Trinity Bay North Development Regulations
- Electronic Games Arcades
- Pinball Parlours
- Poolrooms
- Bowling Alleys
- Adult Entertainment
- Movie Theatres
- Theatres
Examples
- Police Stations (with detention
quarters)
- Youth Correctional Facilities
- Personal Care Homes
- Nursing Homes
- Treatment Centres
- Medical Clinics
- Crematoria
- Funeral Homes & Chapels
- Day Care Centres
- Home Child Care Services
- Nursery Schools
- Early Childhood Education Services
- Art Galleries
- Municipal Administrative Offices
- Court Rooms
- Libraries
- Museums
- Arts and Culture Centres
- Interpretive Centres
- Studios
- Private Schools
- Public Schools
- Church Halls
- Churches & similar places of worship
- Cemeteries
- Auditoria
- Community Halls
- Dance Halls
- Exhibition Halls
- Gymnasia
- Lodge Halls
- Arenas
- Armouries
- Ice Rinks
45
Utility and Transportation
Uses
! Industrial Uses
Division
Industrial uses involving
highly combustible &
hazardous substances &
processes.
Outdoor Assembly
Public Works and Utilities
Marine Transportation
Transportation Services
Use Class
Hazardous Industry
General Industrial Uses
General Industry
involving Limited Hazardous
Substances & Processes.
46 Appendices
- Indoor Swimming Pools
- Fitness Clubs
- Amusement Parks & Fairgrounds
- Bleachers
- Drive-in Theatres
- Exhibition Grounds
- Grandstands
- Outdoor Ice Rinks & Swimming Pools
- Outdoor Stadiums & Venues
- Cellular Communications Towers
- Satellite Dish Antenna
- Television, Radio & Communications
- Transmitting and Receiving Masts &
Antennae
- Recreational Piers, Docks & Wharves
- Boathouses
- Marinas
- Boat Ramps & Launches
- Slips & Slipways
- Passenger Stations & Depots
- Taxi Stands
Examples
- Bulk Plants for Flammable Liquids
- Bulk Storage Warehouses for
Hazardous Substances
- Chemical Manufacturing or
Processing Plants
- Distilleries
- Dry-cleaning Plants
- Feed Mills
- Lacquer, Mattress, Paint, Varnish &
Rubber
- Factories
- Spray Painting Operations
- Wastepaper Processing Plants
- Aggregate-Related Industries
- Aircraft Hangars
- Bulk Storage Facility
- Cold Storage Plants
- Contractors' Yards
- Concrete Plants
- Factories
- Freight Depots
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Light, Non-Hazardous
Industrial Uses
Resource-Based Industry
Marine Industrial Uses
Solid Waste
Service Station
Light Industry
Scrap Yard
Commercial Agriculture
Forestry
Mineral Working
Marine Industrial
Trinity Bay North Development Regulations
- General Garages
- Laboratories
- Laundries
- Printing Plants
- Sawmill
- Warehouses
- Workshops
- Incinerators
- Recycling Plants
- Sanitary Land Fill
- Solid Waste Disposal
- Gas Bars
- Gasoline Service Stations
- Custom Workshops
- Indoor Storage
- Light Industry
- Lumber Yard
- Parking Garages
- Recycling Depot
- Warehouses & Storage Centres
- Wholesale Rooms
- Workshops
- Car Wrecking Yards
- Junk Yards
- Salvage Yard
- Scrap Dealers
- Commercial Farms
- Horticulture
- Silviculture
- Sawmills
- Tree Nurseries
- Mineral Exploration
- Mines
- Oil Wells
- Pits
- Quarries
- Harbours
- Fish Processing Plants
- Drydocks
- Wharves
47
I Environmental and Utility Uses
Division
Conservation Uses
Recreational Uses
48 Appendices
Use Class
Conservation
Recreational Open
Space
Small Scale Agriculture
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Examples
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- Architectural Historical Sites
- Buffer Strips
- Trails and Boardwalks
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- Scenic Lookout Sites
- Watersheds
- Wildlife Sanctuaries
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- Campgrounds
- Hiking Trails
- Parks
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- Playing Fields and Courts
- Playgrounds
- Sports Grounds
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- Hobby Farms
- Market Gardens & Nurseries
- Community Gardens
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