Trinity, Newfoundland and Labrador
· adopted 2024-09-03
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Development Regulations
Adopted: 2024.09.03
Approved: 2024.10.07
Effective:
With Amendments to: n/a
URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO ADOPT
TOWN OF TRINITY Development Regulations, 2024
Under the authority of section 16 of the Urban and Rural Planning Act, 2000, the Town
Council of Trinity adopts the Town of Trinity Development Regulations, 2024.
Adopted by the Town Council of Trinity on the 3rd day of September, 2024.
Signed and sealed this J.L day of ~O~✓-~-t~r ____
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Clerk:
Canadian Institute of Planners Certification
I certify that the attached Town of Trinity Development Regulations, 2024 has been
prepared in aG,eordance with the requirements of the Urban and Rural Planning Act, 2000.
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URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO APPROVE
TOWN OF TRINITY Development Regulations, 2024
Under the authority of sections 16, 17 and 18 of the Urban and Rural Planning Act, 2000,
the Town Council of Trinity:
1. Adopted the Town of Trinity Development Regulations, 2024 on the 3rd day of
September, 2024;
2. -Haying no local newspaper, gave notice of the adoption of the Town of Trinity
.Development Regulations, 2024 by way of an advertisement posted on the Town's
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: o ffice~on ! he 4th day of September, 2024; and
,. · ._ 3. -S~t t_!,-e :2ird day of September, 2024 at 7:00 p.m. at the Trinity Town Hall in the
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·. : · : : - . Iowti .Gf Trinity for the holding of a public hearing to consider objections and
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Now, under section 23 of the Urban and Rural Planning Act, 2000, the Town Council of
Town of Trinity approves the Development Regulations, 2024 on the 7th day of October,
2024 as was originally adopted.
Signed and sealed this JL day of ----~'-'()"-"-)'-=· r ____ -1--------
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TABLE OF CONTENTS
1
Application ...................................................................................................................... 1
1.1
Title ..................................................................................................................................... 1
1.2
Interpretation ...................................................................................................................... 1
1.3
Council ................................................................................................................................ 1
1.4
Commencement .................................................................................................................. 1
1.5
Planning Area ...................................................................................................................... 2
1.6
Municipal Code and Regulations .......................................................................................... 2
1.7
Delegation of Council .......................................................................................................... 2
1.8
Provincial Regulations ......................................................................................................... 3
1.9
Repeal of Regulations .......................................................................................................... 3
1.10
5everability ......................................................................................................................... 3
2
Administration ................................................................................................................ 4
2.1
Permit Required .................................................................................................................. 4
2.2
Decisions of Council ............................................................................................................. 4
2.3
Permit to be Issued .............................................................................................................. 4
2.4
Permit Not to be Issued in Certain Cases ............................................................................. 5
2.5
No Development Permit Required ....................................................................................... 6
2.6
Application Requirements ................................................................................................... 7
2.7
Development Permit for Temporary Uses ............................................................................ 9
2.8
Register of Application ........................................................................................................ 9
2.9
Time Period for Approval ..................................................................................................... 9
2.10
Deferment of Application .................................................................................................... 9
2.11
Approval in Principle ......................................................................................................... 10
2.12
Heritage Referral ............................................................................................................... 10
2.13
Approval ........................................................................................................................... 11
2.14
Revocation of Permit ......................................................................................................... 12
2.15
Applications and Approvals within the Heritage Area Zone ............................................... 12
2.16
Public Notice ..................................................................................................................... 13
2.17
Right of Entry .................................................................................................................... 13
2.18
Restoration to a Safe Condition ......................................................................................... 13
2.19
Stop Work Order and Prosecution ..................................................................................... 14
2.20
Service Levy ....................................................................................................................... 14
2.21
Financial Guarantees by Developer .................................................................................... 15
2.22
Dedication of Land for Public Use ...................................................................................... 15
2.23
Reinstatement of Land ...................................................................................................... 15
2.24
Notice of Right to Appeal ................................................................................................... 16
2.25
Appeal Requirements ........................................................................................................ 16
2.26
Development Prohibited ................................................................................................... 16
2.27
Variances ........................................................................................................................... 17
2.28
Notice of Variance ............................................................................................................. 17
3
General Provisions ......................................................................................................... 18
3.1
Application ........................................................................................................................ 18
3.2
Access and Service Streets ................................................................................................. 18
3.3
Accessory Buildings ........................................................................................................... 18
3.4
Accessory Uses .................................................................................................................. 19
3.5
Alterations to the Natural Environment ............................................................................. 19
3.6
Archaeological Assessment ................................................................................................ 20
3.7
Buffers .............................................................................................................................. 20
3.8
Building Height .................................................................................................................. 21
3.9
Building Line and Setback .................................................................................................. 21
3.10
Exiting Structures and Uses ............................................................................................... 21
3.11
Fences ............................................................................................................................... 22
3.12
Public Access to Shorelines ................................................................................................ 22
3.13
Exterior Lighting ................................................................................................................ 22
3.14
Registered Heritage Properties .......................................................................................... 23
3.15
Human Habitation of Vehicles ........................................................................................... 23
3.16
Lot Area ............................................................................................................................. 24
3.17
Lot Access to a Street ........................................................................................................ 24
3.18
Existing Undersized Lots .................................................................................................... 25
3.19
Minor Front and Flanking Yard Projections ........................................................................ 25
3.20
Multiple Main Buildings ..................................................................................................... 25
3.21
Multiple Main Uses ........................................................................................................... 26
3.22
Telecommunications Structures and Antennas .................................................................. 26
3.23
Non-Conforming Uses ........................................................................................................ 26
3.24
Residential Non-Conformity .............................................................................................. 27
3.25
Notice and Hearings on Change of Use .............................................................................. 27
3.26
Non-Conformance with Standards ..................................................................................... 27
3.27
Discontinuance of Non-Conforming Standards .................................................................. 27
3.28
Public Works and Utilities .................................................................................................. 27
3.29
Offensive and Dangerous Uses .......................................................................................... 28
3.30
Protection of Community Trails and Footpaths .................................................................. 28
3.31
Servicing ............................................................................................................................ 28
3.32
Soil Removal, Deposit, and Site Grading ............................................................................ 29
3.33
Street Construction Standards ........................................................................................... 29
3.34
Unsubdivided Land ............................................................................................................ 30
3.35
Wetland, Watercourse, and Coastal Setback ..................................................................... 30
3.36
Property Maintenance ....................................................................................................... 30
4
Use Specific Requirements ............................................................................................. 31.
4.1
Community Gardens .......................................................................................................... 31
4.2
Conversion of Existing Dwellings ....................................................................................... 31
4.3
Electric Vehicle Charging .................................................................................................... 31
4.4
Farm, Fish, and Forest Stalls .............................................................................................. 31
4.5
Home-based Businesses .................................................................................................... 32
4.6
Home Offices ..................................................................................................................... 33
4. 7
Urban Agriculture .............................................................................................................. 33
4.8
Agricultural Livestock Structures and Use .......................................................................... 34
4.9
Mineral Exploration ........................................................................................................... 34
4.10
Outdoor Storage and Display ............................................................................................. 35
4.11
Parks, Recreation Uses, and Conservation Uses ................................................................. 35
4.12
Residential Care Facilities .................................................................................................. 35
4.13
Secondary Dwellings .......................................................................................................... 36
4.14
Solar Collector Systems ..................................................................................................... 36
4.15
Wharves, Slipways, and Docks ........................................................................................... 36
5
Off-Street Parking and Loading ..................................................................................... 37
5.1
Required Automobile Parking Spaces ................................................................................ 37
5.2
Parking in the Heritage Area (HA) Zone ............................................................................. 38
5.3
Residential Off-Street Parking ........................................................................................... 38
5.4
Parking Area Design Standards .......................................................................................... 38
5.5
Parking Commercial Vehicles ............................................................................................. 39
6
Signs ............................................................................................................................. 40
6.1
Permit Required ................................................................................................................ 40
6.2
General ............................................................................................................................. 40
6.3
Removal of Signs ............................................................................................................... 40
6.4
Sign Maintenance and Abandoned Signs ........................................................................... 41
6.5
Exempt Signage ................................................................................................................. 41
6.6
Signs Prohibited in all Zones .............................................................................................. 42
6.7
Signs for Non-conforming Uses .......................................................................................... 43
6.8
General Standards for Signs Outside the Heritage Area ..................................................... 43
6.9
General Standards for Signs in the Heritage Area Use Zone ............................................... 45
7
Subdivision of Land ................................................-.-.......--.-..----------.-.--..........-.........-.... 47
7.1
Permit Required ................................................................................................................ 47
7.2
Subdivision Development Agreement ................................................................................ 47
7 .3
Services to be Provided ..................................................................................................... 47
7.4
Payment of Service Levies and Other Charges .................................................................... 47
7.5
Issue of Permit Subject to Considerations .......................................................................... 48
7.6
Building Lines .................................................................................................................... 48
7.7
Land for Public Open Space ............................................................................................... 49
7.8
Structure in Street Reservation .......................................................................................... 50
7 .9
Subdivision Design Standards ............................................................................................ 51
7.10
Cul de Sacs ........................................................................................................................ 52
7 .11
Engineer to Design Works and Certify Construction Layout ................................................ 52
7.12
Developer to Pay Engineer's Fees and Charges .................................................................. 53
7 .13
Street Works may be Deferred .......................................................................................... 53
7 .14
Transfer of Streets and Utilities ......................................................................................... 54
7 .15
Restriction on Sale of Lots ................................................................................................. 54
7 .16
Notification of NL Hydro .................................................................................................... 54
8
Use Zones ...................................................................................................................... 55
8.1
Identification of Zones ....................................................................................................... 55
8.2
Interpretation of Use Zones ............................................................................................... 55
8.3
Use Zones .......................................................................................................................... 56
8.4
Permitted Uses .................................................................................................................. 56
8.5
Discretionary Uses ............................................................................................................. 56
8.6
Prohibited Uses ................................................................................................................. 56
9
Heritage Area Use Zone (HA) ......................................................................................... 57
9.1
Permitted Main Uses ......................................................................................................... 57
9.2
Discretionary Uses ............................................................................................................. 57
9.3
Prohibited Uses and Structures .......................................................................................... 58
9.4
Fort Point Area Development ............................................................................................ 58
9.5
Gun Hill / Rider Hill Special Policy Area Development ........................................................ 58
9.6
Development Requirements .............................................................................................. 59
9.7
Frontage of a Publicly Maintained Street ........................................................................... 59
9.8
Taverner's Point Area Development .................................................................................. 60
9.9
Wharves, Docks, and Marinas ............................................................................................ 60
9.10
Demolition ........................................................................................................................ 60
9.11
Fences & Walls in the Heritage Area Zone .......................................................................... 61
9.12
Design Standards for Accessory Buildings in the Heritage Area Zone ................................. 61
9.13
Design Standards for Renovations and Additions in the Heritage Area Zone ...................... 62
9.14
Design Standards for New Main Buildings in the Heritage Area Zone ................................. 65
10
Mixed Development Use Zone (MD) ........................................................................... 70
10.1
Permitted Main Uses ......................................................................................................... 70
10.2
Discretionary Uses ............................................................................................................. 70
10.3
Development Requirements .............................................................................................. 71
10.4
Building Line Setback ......................................................................................................... 71
10.5
Lot Area for Dwellings ....................................................................................................... 72
10.6
Convenience Stores ........................................................................................................... 72
10.7
Service Stations ................................................................................................................. 72
10.8
Accessory Buildings --.-.-...-----.---------------------------------.-----.-------.---.--.------------------------------------- 72
11
Rural Use Zone (RU) ................................................................................................... 73
11.1
Permitted Uses .................................................................................................................. 73
11.2
Discretionary Uses ............................................................................................................. 73
11.3
Development of Trinity Loop ............................................................................................. 74
11.4
General Industry ................................................................................................................ 74
11.5
Mineral Workings .............................................................................................................. 74
11.6
Building Line, Route 230 .................................................................................................... 76
11.7
Residential Accessory Buildings ......................................................................................... 76
11.8
Remote Cabins .................................................................................................................. 76
12
Open Space Use Zone (OS) ......................................................................................... 77
12.1
Permitted Uses .................................................................................................................. 77
12.2
Discretionary Uses ............................................................................................................. 77
12.3
Cultural and Civic Uses ...................................................................................................... 77
13
Protected Water Supply Use Zone (PW) ..................................................................... 78
13.1
Permitted Uses .................................................................................................................. 78
13.2
Discretionary Uses ............................................................................................................. 78
13.3
Forestry Use ...................................................................................................................... 78
13.4
Prohibited Uses ................................................................................................................. 78
13.5
Referral ............................................................................................................................. 78
14
Seasonal Residence Use Zone (SR) .............................................................................. 79
14.1
Permitted Uses .................................................................................................................. 79
14.2
Discretionary Uses ............................................................................................................. 79
14.3
Development Requirements .............................................................................................. 79
15
Definitions ................................................................................................................. 81
16
Schedules and Appendices .......................................................................-..-.............. 98
1 APPLICATION
1.1
Title
1 .1 .1
These Regulations may be cited as the Trinity Development
Regulations.
1.2
Interpretation
1 .2.1
Words and phrases used in these Regulations shall have the
meanings assigned to them in Part 15, Definitions.
1 .2.2
Words and phrases not defined in Part 15 shall have the meaning
commonly assigned to them in the context in which they are used in
these Regulations.
1.2.3
Unless otherwise stated, the singular form of a Use includes the
plural.
1.2.4
Any references to sections made in these Regulations are references
to these same Regulations, unless otherwise indicated.
1.2.5
Measurements throughout these Regulations are in metric.
Submissions in other measurements shall be converted to metric and
rounded to two decimal points. The metric measurement of "metres"
shall be displayed as "metres" or using the abbreviation "m".
1.2.6
Schedules form part of these Regulations and require an amendment
to these Regulations if they are to be changed. Appendices are for
information purposes and may be replaced or updated without
amending these Regulations.
1.3
Council
1.3.1
In these Regulations, "Council" means the Municipal Council of the
Town of Trinity.
1.4
Commencement
1.4.1
These Regulations come into effect throughout the Trinity Municipal
Planning Area (Planning Area) on the date of publication of a notice to
that effect in the Newfoundland Labrador Gazette.
Town of Trinity Development Regulations 2024 - 2034
1
1.5
Planning Area
1.5.1
These Regulations shall apply only to those areas of land shown on
the maps contained in Schedule 'A'.
1.6
Municipal Code and Regulations
1.6.1
Nothing in these Regulations shall exempt any person from complying
with other laws or regulations in force in Canada or Newfoundland
and Labrador, or from those in force within the Town, or from
obtaining any license, permission, permit, authority, or approval
required thereunder.
1.6.2
Where the provisions of these Regulations conflict with those of any
other municipal regulations or federal or provincial regulations, the
more stringent provisions shall apply.
1.6.3
Where a provision within these Regulations conflicts with another
provision within these Regulations, the more stringent provision shall
apply unless otherwise stated.
1.6.4
The National Building Code of Canada, Fire Code of Canada and any
other ancillary code, building regulations, and/or any other municipal
regulations regulating or controlling the development, conservation,
and use of land in force in the Town of Trinity shall apply to the entire
Planning Area.
1.7
Delegation of Council
1.7.1
Where the term Council is referenced in these Regulations, Council
may, by resolution, delegate its authority to administer the
Regulations or part thereof, to an employee of Council or an agent in
the employment of Council.
Town ofTrinity Development Regulations 2024 - 2034
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1.8
Provincial Regulations
1.8.1
Provincial Development Regulations have been incorporated into the
Trinity Development Regulations and are marked as follows:
'I;
Provincial
Reg.X
-
Urban and
Rural Planning
Reg.X
1 .8.2
The Provincial Development Regulations shall be included in their
entirety as Appendix 'A'. Where there is conflict between these
Development Regulations and the Provincial Development
Regulations, the Provincial Development Regulations shall apply.
1. 9
Repeal of Regulations
1 .9.1
The following Regulations are repealed as of the effective date of
these Regulations:
(a)
Town of Trinity Development Regulations Gazetted on October
12,2012.
1.10 Severability
1.10.1 If any provision of these Regulations is held to be invalid by a decision
of a court of competent jurisdiction, that decision shall not affect the
validity of the remaining portions of these Regulations.
Town of Trinity Development Regulations 2024 - 2034
3
2 ADMINISTRATION
2.1
Permit Required
2.1.1
Unless otherwise stated in these Regulations, no person shall
undertake a development or subdivision of land within the Trinity
Planning Area without first obtaining a permit from Council.
2.1.2
Applications for a development permit within 150 metres of the centre
line of Highway 230 shall also be submitted to Digital Government
and Service NL for review under the authority of the Protected Road
Zoning Regulations.
2.1.3
Applications for a development permit for signage fronting on Route
239 shall also be submitted to Digital Government and Service NL for
approval.
2.2
Decisions of Council
2.2.1
Decisions made by Council regarding a permit 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 the Act.
2.3
Permit to be Issued
2.3.1
Subject to Regulations 2.4 and 2.5, an approval shall be issued for
development within the Planning Area that conforms to:
(a)
the policies expressed in the Municipal Plan and any further
scheme, plan, or regulation pursuant thereto;
(b) the standards set out within these Regulations;
(c)
the standards set out in the National Building Code of Canada
and/or other ancillary codes, and any building regulations, waste
disposal regulations, and/or any other municipal regulation in
force in the Planning Area regulating or controlling development,
conservation and use of land and buildings; and,
{d) the standards of design and appearance established by Council.
Town of Trinity Development Regulations 2024 - 2034
4
2.4
Permit Not to be Issued in Certain Cases
2.4.1
In considering an application for a permit or for approval in principle
to carry out development, Council shall consider the policies
expressed in the Municipal Plan and any further scheme, plan, or
regulations made under the polices of the Plan.
2.4.2
Notwithstanding the conformity of the application with the
requirements of these Regulations, approval shall not be issued for a
proposed development where, in the opinion of Council, it is
premature by reason of the proposal:
(a)
conflicting with the matters considered under Subsection 2.4.1;
(b)
lacking adequate street access;
(c)
lacking adequate electrical power or access to communications
utilities;
(d) lacking adequate drainage;
(e)
lacking adequate sanitary facilities, domestic water supply, or
fire suppression flows;
(f)
being beyond the natural development of the area at the time of
application; lacking adequate access to open space, schools, or
other necessary amenities; or
(g) where the proposal would be detrimental to public safety and
convenience.
Town of Trinity Development Regulations 2024 - 2034
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2.5
No Development Permit Required
2.5.1
Unless otherwise specified, the following developments shall not
require a development permit:
(a)
Renovations or alterations to a structure that do not result in a
change in volume or gross floor area, number of dwelling units,
or a change in use of the structure. Exterior renovations to
registered heritage properties and properties within the Heritage
Area Use Zone shall require a development permit.
(b)
Fences under 2.0 metres in height outside of the Heritage Area
Zone.
(c)
Gardens, whether community or private.
(d)
Public and private utilities located within the street reservation.
(e)
Temporary greenhouses, cloches, crop hoops, or other such
temporary crop structures.
(f)
Radiocommunication antennas and radiocommunication towers
that are subject to Industry Canada regulations.
(g)
Signage exempted under Section 6.5 of these Regulations.
(h)
Home offices meeting the requirements of Section 4.6 of these
Regulations.
(i)
Temporary human habitation of a recreational vehicle for periods
of 14 days or less in a calendar year and carried out in
compliance with Subsection 3.15.4.
2.5.2
For greater clarity, developments not requiring a development permit
shall still comply with the requirements of these Regulations and other
permits, such as building permits, may still be required. Applicants
should inquire with the Town prior to undertaking any development.
Town ofTrinity Development Regulations 2024 - 2034
6
2.6
Application Requirements
2.6.1
Every application for a development permit shall be made in writing
on an approved form and shall include:
(a)
the signature of the registered landowner or their duly authorized
agent;
(b) application fees in conformance with the fee schedule adopted
by resolution of Council;
(c)
a statement of the proposed use of land;
(d)
a site plan; and
(e)
any other information required in these Development
Regulations.
2.6.2
Site plans prepared for a development permit application shall be
drawn to an appropriate scale and showing information as required
by Council, such as, but not limited to:
(a)
the true shape and dimensions of all lots for which development
is proposed;
(b)
identification of all abutting streets and private roads;
(c)
identification of rights-of-way and easements within the subject
property;
(d)
proposed location, height, and dimensions of any building,
structure, or work for which the permit is applied;
(e)
location of every building or structure already erected on or
partly on the subject property, and the approximate location of
every building within 10.0 metres of the subject property on
contiguous lots;
(f)
existing and proposed services;
(g)
existing and proposed drainage ditches or culverts;
(h)
location of existing and proposed solid waste storage areas;
(i)
proposed location and dimensions of parking spaces,
driveways, and landscaped areas;
U)
north arrow, scale, date of drawing, and identity of drawing
author; and
(k)
other such information as may be necessary to determine
whether every such development conforms with the
requirements of these Regulations.
Town of Trinity Development Regulations 2024 - 2034
7
2.6.3
In addition to the requirements of Subsection 2.6.1, an application for
an approval of a subdivision shall provide the following information:
(a)
the proposed land use of the subdivision;
(b) a site survey prepared and stamped by a Newfoundland Land
Surveyor;
(c)
the proposed method of water and sewer services;
(d) the proposed street access and layout of internal streets and
lots, where applicable;
(e)
the proposed public open spaces if applicable; and,
(f)
any other requirement established in these or other Municipal,
Provincial or Federal Regulations.
2.6.4
Council may, as part of a development application and prior to the
issuance of a permit, request additional information, studies or plans
from an applicant, prepared by a qualified professional at the cost of
the applicant, for matters pertaining to the proposed development,
including, but not limited to:
(a)
real property report, site survey, and/or site plan prepared and
stamped by a Newfoundland Land Surveyor;
(b) topography and soil conditions of the subject site;
(c)
watercourse delineation study;
{d) stormwater management plan;
(e)
floor plans and elevation drawings of any proposed structures;
(f)
geotechnical study;
(g)
site grading plans;
{h)
heritage assessment;
(i)
visual impact assessment;
0)
traffic impact or study; and/or
(k)
groundwater supply study.
Town ofTrinity Development Regulations 2024 - 2034
8
2.7
Development Permit for Temporary Uses
2. 7 .1
Council may issue a temporary development permit subject to the
following requirements:
(a)
Any such development permit shall be for a temporary period
not to exceed 24 months.
(b) The temporary development permit may only be renewed a
maximum of one (1) time for up to an additional 12 months
beyond the original date.
2.8
Register of Application
2.8.1
The Town shall keep a public register of all applications for
development, including Council's decision on each application and
the result of any appeal from that decision.
2.9
Time Period for Approval
2.9.1
An application properly submitted in accordance with these
Regulations shall be determined within eight (8) weeks of the receipt
by Council.
2.9.2
Where no decision on an application has been made within eight (8)
weeks of its submission, the application shall be deemed to be
refused.
2.10 Deferment of Application
2.10.1 Notwithstanding Section 2.9, Council may defer consideration of an
application where additional information or consideration is required.
2.10.2 Council may defer decisions on an application within a specified area
where Council has directed that a planning study or other similar
study pertaining to the future use and development of the specified
area be undertaken.
2.10.3 Council shall notify the applicant that a deferral has been made and
the reason for deferral.
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2.11 Approval in Principle
2.11.1 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 a detailed site plan, conforming to Subsection
2.6.2; and
(d)
any additional information that may be required by Council.
2.11.2 Council may issue an Approval in Principle if it determines the
application conforms to the Municipal Plan and these Regulations.
2.11.3 An Approval in Principle shall be valid for a period of (2) years.
2.11.4 No development shall be carried out under an Approval in Principle.
2.11.5 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 application.
2.12 Heritage Referral
2.12.1 Council may refer any development applications to the Heritage
Advisory Committee where it requires additional advice before making
a decision on an application.
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2.13 Approval
2.13.1 Approval for an application shall be granted by Council in the form of
a Development Permit for applications approved under these
Regulations.
2.13.2 A plan or drawing that 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 of obtaining permits, approvals, or inspections
under any other regulation or statute prior to and following
commencing the development, as applicable;
(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.
2.13.3 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.
2.13.4 A development permit shall be valid for two (2) years. If the
development has not commenced, the permit may be renewed for a
further period of not more than one (1) year, but a permit shall not be
renewed more than once, except in the case for advertising signage,
which may be renewed in accordance with Part 6 of these
Regulations.
2.13.5 The approval of any application and plans or drawing, or the issue of
a permit shall not prevent Council from requiring the correction of
errors, or from ordering the cessation, removal of, or remedial work
on any development being carried that is in violation of this or any
other regulations or statute.
2.13.6 No person shall ease, alter, or modify any drawings or specifications
upon which a permit to develop has been issued by Council.
2.13.7 There shall be kept available on the premises where any development
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 until completion of the development.
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2.14 Revocation of Permit
2.14.1
Council may revoke an approval and any subsequent permits where:
(a)
the applicant fails to comply with these Regulations or any
condition attached to the permit;
(b) the permit was issued in error or was issued contrary to the
applicable regulations; or
(c)
the permit was issued based on incorrect information.
2.15 Applications and Approvals within the Heritage Area Zone
2.15.1 In addition to the requirements Subsection 2.6.1, applications within
the Heritage Area Zone shall include elevation drawings as necessary
to illustrate compliance with the design requirements of the zone.
2.15.2 Except for signs, fences, interior work, and minor repairs, Council
shall refer all development applications within the Heritage Area Zone
to the Heritage Advisory Committee for review and recommendation
on its compliance with the design standards for the zone. Minor
repairs shall include replacing decking, replacing hardware, replacing
roof shingles, and similar repairs which do not alter the original
appearance or materials of the structure.
2.1 5.3 Prior to providing a recommendation to Council on new main
buildings in the Heritage Area Zone, the Heritage Advisory Committee
shall provide an opportunity for public review and comment on the
proposal in compliance with Section 2.16.
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2.16 Public Notice
2.16.1 Council shall provide public notice for a period of not less than:
(a)
7 days - when considering a variance in accordance with
Section 2.27; and
(b)
14 days - when considering a change in a non-conforming use
in accordance with Section 3.25; development which is listed as
a discretionary use in the applicable Use Zone; or when
considering new main buildings within the Heritage Area Use
Zone.
2.16.2 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.
2.16.3 Council shall require the cost of the public notice or portion thereof be
paid by the applicant. Notice shall be by public advertisement in a
newspaper circulating in the area or by any other means deemed
necessary by the Council.
2.17 Right of Entry
2.17 .1
Subject to Section 105 of the Act, Council, or other persons
authorized by Council, 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 that
Council is empowered to regulate.
2.18 Restoration to a Safe Condition
2.18.1 Nothing in these Regulations shall prevent the restoration of any
building or structure to a safe condition, as determined by a
designated official of the Town.
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2.19 Stop Work Order and Prosecution
2.19.1 Subject to Section 102 of the Act, where a person begins a
development contrary or apparently contrary to these Regulations,
Council may order that person to stop the development.
2.19.2 Council may further order a person to pull down, remove, stop
construction, fill in, or destroy that building or development, and
restore the site or area to its original state, pending final adjudication
in any prosecution arising out of the development.
2.19.3 A person who does not comply with an order made under Subsection
2.19.1 is guilty of an offence under the provisions of the Act.
2.20 Service Levy
2.20.1
In accordance with Section 149(2) of the Act, Council may require an
owner of property to pay a service levy where development is made
possible or where the density of potential development is increased,
or where the value of property is enhanced by carrying out of public
works either on or off the site of the development.
2.20.2 A service levy shall not exceed the cost, or estimated cost, including
finance charges, to the Town, of constructing or improving the public
works referred to in Subsection 2.20.1 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 property.
2.20.3 A service levy shall be assessed on the property based on:
(a) the amount of real property benefitted by the public works; and,
(b) the density of development made capable or increased by the
public works.
2.20.4 Council may require a service levy to be paid by the owner of the
property:
(a)
at the time the levy is imposed;
{b)
at the time development of the property commences;
(c) at the time development of the property is completed; or,
{d)
at such other time as Council may decide.
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2.21 Financial Guarantees by Developer
2.21.1 Council may require a developer, before commencing a development,
to make such financial provisions and/or enter into such agreements
as may be required to guarantee the payment of service levies,
ensure site reinstatement, and to enforce the carrying out of any other
condition attached to a permit or license.
2.21.2 The financial provisions made under Subsection 2.21.1 may be in the
form of:
(a)
a cash deposit from the developer, to be held in trust by the
Town;
(b)
an irrevocable Letter of Credit issued by a bank; or,
(c)
a performance bond provided by an insurance company or a
bank.
2.22 Dedication of Land for Public Use
2.22.1 Council may, for a development not involving a subdivision, require a
portion of the land to be developed to be conveyed to the Town for a
public purpose where public works are required to accommodate the
proposed development.
2.23 Reinstatement of Land
2.23.1 Council may order a developer, the occupier of a site, the owner, or
any of them to restore a site to the satisfaction of Council where:
(a)
the use of land is discontinued;
(b)
the intensity of the use is decreased;
(c)
a development permit has been revoked; or,
(d)
a Temporary Permit to Develop has expired.
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2.24 Notice of Right to Appeal
2.24.1 Where Council makes a decision that may be appealed under Part VI
of the Act, Council shall, in writing, at the time of making that
decision, notify the person to whom the decision applies of the:
(a)
person's right to appeal the decision;
(b) time by which an appeal is to be made;
(c)
manner of making an appeal and the address for filing of the
appeal.
2.25 Appeal Requirements
2.25.1 An appeal shall be filed with an appeal officer not more than 14 days
after the person who made the original application receives the
decision.
2.25.2 An appeal shall be made in writing and shall include:
(d) a summary of the decision being appealed;
(e)
the grounds for the appeal; and
(f)
the required fee.
2.26 Development Prohibited
2.26.1 Where an appeal is made under Section 41 of the Act, the
development with respect to the appeal, work related to that
development or an order that is under appeal shall not proceed or be
carried out pending a decision of the adjudicator.
2.26.2 Where, on appeal, a permit to develop is confirmed or ordered to be
issued Council shall issue the permit as confirmed or ordered.
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2.27 Variances
Provincial
2.27.1 Where an approval or permit cannot be given by an authority because Reg. 12
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.
2.27.2 An authority shall not allow a variance from development standards
set out in development regulations if that variance, when considered
together with other variances made or to be made with respect to the
same land, building or structure, would have a cumulative effect that
is greater than a 10% variance even though the individual variances
are separately no more than 10%.
2.27.3 An authority shall not permit a variance from development standards
where the proposed development would increase the non conformity
of an existing development.
f
2.28 Notice of Variance
Provincial
Reg. 13
2.28.1 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.
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3
GENERAL PROVISIONS
3.1
Application
3.1.1
The provisions of Part 3 and Part 4 of these Regulations shall apply to
all zones and shall take priority over all zone requirements, unless
otherwise specified.
3.2
Access and Service Streets
3.2.1
Access shall be located to the specification of Council so as to ensure
the greatest possible convenience and safety of the street system.
3.2.2
Notwithstanding Subsection 3.2.1, access to Route 230 shall be to
the specifications of the Department of Transportation and
Infrastructure.
3.2.3
Council may prescribe the construction of service streets to reduce
the number of accesses to collector and arterial streets.
3.2.4
No vehicular access shall be closer than 10 metres to the street line of
any intersection.
3.3
Accessory Buildings
3.3.1
Unless otherwise prohibited, accessory buildings and structures shall
be permitted in all zones, and shall be subject to the following
regulations:
(a) Accessory buildings shall meet any use-specific requirements
outlined elsewhere in these Regulations.
(b) Accessory buildings may be located on the same lot as the main
building to which it is accessory, or on an abutting lot where
both lots are under the same ownership.
(c)
Accessory buildings shall not be erected or placed upon any
easements.
(d)
Unless otherwise addressed in these Regulations, the floor area
of all accessory buildings on a lot shall not exceed 50 percent of
the lot area.
(e) Accessory buildings shall not be used for human habitation
except where a development permit has been acquired for a
secondary dwelling.
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(f)
No accessory building or part thereof shall project in front of any
building line.
(g)
Accessory buildings shall be complementary with the main
building in terms of exterior finish, roofline, and pitch.
3.3.2
Notwithstanding Regulation 3.3.1 (f), an accessory building may be
permitted in front of a building line where Council is satisfied:
(a)
the topography is such that placement in a rear yard is not
possible;
(b)
it is effectively screened from adjacent properties by the
topography, natural buffers, or landscaping; and
(c)
the placement of the building will not have a negative impact on
neighbouring properties.
3.4
Accessory Uses
3.4.1
Where these Regulations provide for any land to be used, or a
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 main use and be contained on the same lot as
the main building or an adjoining lot where both lots are under the
same ownership.
3.5
Alterations to the Natural Environment
3.5.1
Alterations to the natural environment or landscape that could
adversely affect watercourses or adjacent properties as a result of
alterations to watercourses, drainage, or grading shall not be
permitted.
3.5.2
Where development is proposed for a site with slopes greater than
15%, Council may, at the applicant's expense, require submission of
a review of the development proposal by a certified engineer,
landscape architect, or similar qualified professional licensed to
practice in Newfoundland and Labrador. The review shall evaluate the
adequacy of site grading, drainage, and landscaping in relation to
storm drainage, erosion onto and flooding of adjacent development,
streets, lands, and waterbodies receiving run-off from the site, and
any other matter that Council deems necessary. Schedule 'C'
illustrates areas that may have slopes greater than 15%; however, on-
site verification may be required.
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3.6
Archaeological Assessment
3.6.1
Where archeological resources are known to exist, or where they are
likely to exist based on location or historical evidence, applications for
development shall be forwarded to the Arts and Heritage Division,
Department of Tourism, Culture, Arts and Recreation for review and
consideration under the Historic Resources Act. Council or the Arts
and Heritage Division may require an archaeological assessment. This
assessment must be reviewed by the Arts and Heritage Division.
Council may apply conditions for the protection and preservation of
any archaeological resources.
3.6.2
Where any public works project or development disturbs 4,000
square metres or more of ground, Council may refer the project or
development to the Arts and Heritage Division, Department of
Tourism, Culture, Arts and Recreation for review and consideration
under the Historic Resources Act.
3.7
Buffers
3.7.1
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.
3.7.2
Buffers required under Subsection 3.7.1 shall include provision of
such natural or structural barrier as may be required by Council and
shall be maintained by the owner or occupier, at their expense, to the
satisfaction of the Council.
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3.8
Building Height
3.8.1
Zone requirements for maximum building height shall not apply to
church spires; water tanks; elevator enclosures; stairwells; silos;
commercial communication towers; ventilators; skylights; chimneys;
clock towers; or structures that, in the opinion of Council, are similar.
3.8.2
With the exception of accessory buildings, outside of the Heritage
Area Use Zone Council may permit the erection of buildings of a
height greater than that specified in the use zone but in such cases
the minimum front and rear setback requirements shall be increased
as follows:
(a)
The front setback shall be increased by 2.0 metres for every 1.0
metres increase in height.
(b) The rear yard shall not be less than the minimum front setback
calculated as described in 3.8.2 (a) above plus 6.0 metres.
3.9
Building Line and Setback
3.9.1
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 Zones in Part 8 of
these Regulations.
3.10 Exiting Structures and Uses
3.10.1 A structure or use of land shall be deemed to be existing on the
effective date of these Regulations if:
(a)
it has lawfully been constructed;
(b)
it has lawfully commenced;
(c)
it is lawfully under construction; or
(d)
all required permits for its construction or uses were in force and
effect, except that this shall not apply unless the construction or
use is commenced within 12 months after the date of the latest
issuance of the required permits.
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3.11
Fences
3.11.1
For the purpose of this Regulation, a fence includes a vertical physical
barrier constructed out of typical fencing materials, and includes
hedges, shrubs and landscaping features used as a fence, and that
portion of a retaining wall that projects above the surface of the
ground which it supports so that it acts as a fence.
3.11.2 The Town shall not be liable for any damages for the repair of any
fence where the Town, its employees or agents have acted without
negligence. In particular, the Town shall not be liable for any damages
or repairs of any fence during the normal operation of snow clearing
on streets or sidewalks located within the Municipal Planning Area.
3.11 .3 The Town may require a property owner to remove, reconstruct or
repair in part or in whole, and within a specified time, any fence,
which in the opinion of the Council, creates a safety hazard,
obstruction or impedes snow-clearing. The cost of such repair or
removal will be at the owner's expense. If the property owner does
not remove the fence within the specified time the Town may remove
the fence and charge the cost to the owner.
3.11.4 The design of a fence and the materials used to erect or repair a
fence shall be of a design and type which meets the approval of
Council.
3.11.5 No fence shall be erected which can block vision at an intersection by
virtue of its location or height.
3.11.6 Except as otherwise provided in the Heritage Area Use Zone, the
maximum height of a fence shall not exceed 2.0 metres.
3.12 Public Access to Shorelines
3.12.1 Proposed development adjacent to the coastline, where permitted,
shall be required to preserve any existing public access or right of
ways to the shoreline.
3.13 Exterior Lighting
3.13.1 Exterior lighting shall not be directed towards abutting lots or streets.
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3.14 Registered Heritage Properties
3.14.1 Provincially registered heritage properties require permission from the
minister responsible for the Historic Resources Act prior to moving,
demolishing, or altering the heritage resource. Applicants for such
alterations are recommended to contact the Heritage Foundation of
Newfoundland and Labrador prior to undertaking any work.
3.14.2 A building, structure or land designated by a Council as a heritage
building, structure, or land shall not be demolished or built upon nor
the exterior of the building or structure altered, except under a written
permit of Council specifically authorizing the alteration and in
accordance with the terms and conditions of the permit.
3.14.3 When evaluating a proposal for alteration of a municipally registered
heritage property, as provided for by Subsection 3.14.2, Council shall
not authorize the alteration(s) unless Council is satisfied the proposal
does not harm the character defining elements of the property as
outlined in the property's statement of heritage value.
3.15 Human Habitation of Vehicles
3.15.1 Trucks, buses, boats, automobiles, streetcar bodies, recreational
vehicles, converted recreational vehicles, mobile homes, and
structures of any kind other than a dwelling unit erected and used in
accordance with these Regulations shall not be used for human
habitation whether or not the same is mounted on wheels.
3.15.2 Notwithstanding Subsection 3.15.1 , and subject to Subsection 3.15.3,
a recreational vehicle may be used for temporary human habitation:
(a) in campgrounds developed in accordance with these
Regulations;
(b)
between May 15 and October 15, inclusive, in the Heritage Area
Use (HA) Zone; or
(c)
at all times of year in all other zones except the Protected
Watershed (PW) Zone.
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3.15.3 Recreational vehicles permitted under Subsection 3.15.2 shall:
(a)
bear a valid motor vehicle registration;
(b)
be limited to one (1) recreational vehicle on a lot at any one time,
except when located in a campground developed in accordance
with these Regulations; and
(c)
meet all zone setback and minimum lot size requirements for
single dwellings in the zone in which the recreational vehicle is
located.
3.15.4 Temporary human habitation of a recreational vehicle carried out in
compliance with Subsection 3.15.2 shall require a development
permit except for periods of habitation of 14 days or less in a calendar
year or when part of a campground for which a development permit
has been issued.
3.16 LotArea
3.16.1
No lot shall be reduced in area so as to create a situation where lot
coverage exceeds, or setbacks, frontage, or lot area are less than that
permitted by these Regulations for the zone in which such lot is
located.
3.16.2 Where any part of a lot is required by these Regulations to be
reserved as a setback, 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.
3.17 Lot Access to a Street
3.17 .1
Except where specifically provided for in the Use Zones set out in
Part 8, every main structure, with the exception of those in the
Protected Water Supply (PW) Zone, shall be located on a lot that
abuts a publicly maintained street or highway or an existing private
road.
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3.18 Existing Undersized Lots
3.18.1 Council may approve, as a discretionary use, development of a single
dwelling on a lot that exists at the time of coming into effect of these
Regulations that has insufficient frontage or area to permit the owner
or purchaser of the lot to comply with the provisions of these
Regulations.
3.18.2 Such approvals shall only be issued where legal access to the lot can
be assured and where the lot coverage is not greater, and the
setbacks and floor area are not less than, the standards set out in
these Regulations.
3.18.3 Development of an existing undersized lot shall comply with all
applicable wastewater and drinking water regulations.
3.19 Minor Front and Flanking Yard Projections
3.19.1 No portion of a building shall project into the minimum required yards
or beyond building lines, except for the following:
(a)
Chimney breasts, eaves, window sills, or cornices not projecting
more than 1.0 metres into a required minimum front yard depth
or building line setback for the lot.
(b)
Unenclosed steps with or without a landing.
(c)
An unenclosed or enclosed porch, patio, or veranda that
projects no more than 2.0 metres into the minimum front yard
depth or established building line setback for the lot.
(d)
Wheelchair ramps or other accessibility devices as approved by
Council.
(e)
Exterior retrofits to existing dwellings to increase the amount of
insulation, projecting no more than 0.3 metres into any minimum
required yard depth or building line setback for the lot.
3.20 Multiple Main Buildings
3.20.1 Unless otherwise prohibited in these Regulations, any number of main
buildings may be located on the same lot, subject to applicable zone
requirements.
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3.21 Multiple Main Uses
3.21.1 Multiple main uses may locate on the same lot or in the same
building(s). Where any land or building is used for more than one main
use all provisions of these Regulations relating to each use shall be
satisfied and if more than one standard applies, the more stringent
standard shall prevail.
3.22 Telecommunications Structures and Antennas
3.22.1 Nothing in these Regulations shall prevent the use of land for the
installation of telecommunication structures and antennas that have
been issued a license by the Federal Government following due
process as prescribed by Industry Canada.
3.23 Non-Conforming Uses
3.23.1 Applications involving non-conforming uses shall be processed in
accordance with Section 1 08 of the Urban and Rural Planning Act,
2000.
3.23.2 If a non-conforming use is discontinued for a period of more than 12
months, new uses for the property and any buildings must conform to
the requirements of the land use zone in which it is located.
3.23.3 A use shall be considered to be discontinued where:
(a)
the use of the land or building ceases;
(b) the Town has received a request to remove the use from the tax
roll;
(c)
services are discontinued;
(d) the scale or intensity of the activity results in change in the type
of use;
(e)
the addition of new activities or the modification of old activities
is considered remote from previous activities; or
(f)
the new or modified activities can be shown to create undue
additional or aggravated problems for the Town, the local
authorities, or the neighbours, as compared with what went before.
3.23.4 In the event that a non-conforming use is damaged, destroyed by fire,
or has deteriorated, redevelopment of the site as a non-conforming
use and its continuation as a non-conforming use shall be permitted
provided the use complies with Subsections 3.23.1 and 3.23.2.
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3.24 Residential Non-Conformity
3.24.1 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.
3.25 Notice and Hearings on Change of Use
3.25.1 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.
3.26 Non-Conformance with Standards
3.26.1 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.
3.27 Discontinuance of Non-Conforming Standards
3.27 .1 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.
3.28 Public Works and Utilities
3.28.1 Council may within any zone permit land to be used in conjunction
with the provision of public services and utilities.
3.28.2 Where necessary, as determined by a qualified professional, utility
infrastructure may be exempt from lot requirements.
~
Provincial
Reg. 14
~
Provincial
Reg. 15
f
Provincial
Reg. 16
~
Provincial
Reg. 17
Town of Trinity Development Regulations 2024 - 2034
27
3.29 Offensive and Dangerous Uses
3.29.1 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, grit, excessive noise or vibrations; 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.
3.30 Protection of Community Trails and Footpaths
3.30.1 Proposed development or the use of a public right of way for access
to private property shall not be permitted where it would block or
prevent the use of traditional footpaths, whether on private or public
property, by pedestrians.
3.30.2 New development may be required to provide a separation distance
or visual buffer between a proposed development and existing trail,
pathway, or public right of way.
3.30.3 In considering applications for development adjacent to any existing
trail form the development be provided as a condition of
development. Where required, pedestrian access shall be constructed
and maintained to the specifications established by Council.
3.31 Servicing
3.31.1 New plumbed buildings shall be connected to public sewer and
drinking water systems where such services are available. Where
service availability is disputed or unclear, the Town shall make a
determination based on site conditions and available servicing
capacity.
3.31.2 Servicing shall be designed so as to sufficiently limit the number of lift
stations, subject to approval by the Town.
3.31.3 Costs for the Town's review shall be at the applicant's expense.
3.31.4 Where municipal water and sanitary sewer services are not available,
on-site well and septic systems are permitted provided approvals
from the appropriate authorities are obtained.
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3.31.5 Development utilizing on-site well systems shall, at the applicant's
expense, be required to assess groundwater quantity and quality with
the Provincial Department of Environment and Climate Change
Groundwater Supply Assessment and Reporting Guidelines for
Subdivisions Serviced by Individual Private Wells, 2009.
3.31.6 Where there is insufficient groundwater yield to support any
development that is proposed to depend on a well Council shall
refuse the development.
3.32 Soil Removal, Deposit, and Site Grading
3.32.1 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.
3.32.2 The following activities shall require approval from Council where not
part of an approved development or mineral working:
(a)
Any land disturbance that involves removal or deposition of soil
or other material on a property.
(b) Any alteration of hillsides with slopes greater than 30%.
(c)
Any excavation within a lot carried out so as to change the
natural grade established in the grading plan.
3.32.3 Applications submitted to Council shall show the full extent of
disturbance that is intended.
3.32.4 Where alterations to the landscape are approved, Council may require
financial guarantees to ensure adequate site rehabilitation and / or
landscaping.
3.32.5 For approved developments where the extraction of quarry materials
is occurring or may be expected occur, the Town will send a copy of
the development permit to the Quarry Materials Section; Mineral
Lands Division; Department of Industry, Energy and Technology, at
[email protected]. Note that quarry materials include but are not
limited to aggregate, fill, rock, stone, gravel, sand, clay, borrow
material, topsoil, overburden, subsoil, peat.
3.33 Street Construction Standards
3.33.1 New streets shall be constructed to the design specifications
established by Council.
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3.34 Unsubdivided Land
3.34.1 Development shall be prohibited on unsubdivided land unless
sufficient area is reserved to satisfy the setback and other allowances
called for in the use zone in which it is located and the allowances
shall be retained when the adjacent land is developed.
3.35 Wetland, Watercourse, and Coastal Setback
3.35.1 No development shall be permitted within 15.0 horizontal metres of
the ordinary high water mark of any watercourse or wetland without
approval from the Department of Environment and Climate Change
and, if fish habitat is affected, from Fisheries and Oceans Canada.
3.35.2 No development shall be permitted within 8.0 horizontal metres of the
ordinary high water mark of any watercourse or wetland, except for
wharves, docks, stages, boathouses, wellhouses, and other similar
structures that functionally depend on access to the water's edge.
3.35.3 Council may require larger buffer areas around watercourses where
identified flood plains, steep slopes or unstable soil conditions could
result in damage to watercourses and wildlife habitat as a result of
development. For the purpose of assessing applications in areas
known to be at risk of flooding, the ordinary high water mark is
considered to be the 1:100 year flood level.
3.35.4 Water crossings, bridges, culverts, stream diversions, and stormwater
management devices shall be planned, designated, and constructed
so as to ensure that aquatic species habitat and passage is
preserved, protected, and where possible, enhanced.
3.35.5 No building shall be constructed with the floor level of any habitable
area located below 2. 7 metres, relative to the Canadian Geodetic
Vertical Datum of 2013.
3.36 Property Maintenance
3.36.1 Where any development or use of land, in the opinion of the Council,
is unsightly, the Council may:
(a)
Require the owner or occupier to provide adequate and suitable
landscaping or screening;
(b)
Issue an Order that the property cleaned up to the satisfaction of
the Council at the property owner's expense.
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4
USE SPECIFIC REQUIREMENTS
4.1
Community Gardens
4.1.1
Community gardens shall be permitted in any use zone without a
development permit.
4.2
Conversion of Existing Dwellings
4.2.1
Notwithstanding permitted uses or Use Zone development standards
of these Regulations, an existing single dwelling may be converted to
permit additional dwelling units subject to the following requirements:
(a)
The number of dwelling units on the lot shall not exceed four (4)
units.
(b)
No alteration may be taken that increases the height of the
structure.
(c)
Any additional parking spaces shall be provided in the side or
rear yard of the lot.
(d)
No alteration may be undertaken to increase the number of
entrances in the front of the dwelling.
4.3
Electric Vehicle Charging
4.3.1
Electric vehicle charging stations shall be permitted as an accessory
use in all use zones.
4.4
Farm, Fish, and Forest Stalls
4.4.1
Nothing in these Regulations shall prevent the direct sale of fish or
other seafood; farm products such as, but not limited to, flowers, fruit,
and vegetables; and forestry products such as but not limited to
Christmas trees and wreaths, by individuals or companies engaged in
the harvesting of such.
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4 .5
Home-based Businesses
Table 4-1.
4.5.1
Home-based businesses shall be permitted accessory to a dwelling in
all zones, subject to the following requirements and all other
requirements of this Section:
Home-based Business Requirements.
a)
Permitted Uses
b) Maximum Number of On-site,
Non-resident Employees
c)
Maximum Floor Area of Home-
based Business
d) Outdoor Storage and Display
e)
Retail Sales
i.
Animal Care
ii.
Artist's Studio
iii.
Business Office
iv.
Childcare - 7 or fewer dependents
v.
Teaching of one student at a time
vi.
Commercial Accommodations
vii.
Cultural and Civic
viii.
Household Item Service Repair
ix.
Medical Clinic
x.
Personal Service
2
If located within the dwelling, 25 percent of the gross floor
area of the dwelling unit or 45.0 square metres, whichever is
less. If located within an accessory building, 45.0 square
metres. The maximum floor area shall not apply to childcare
facilities.
Outdoor storage and displays are not permitted.
Retail sales shall be permitted if they are related to and
incidental to the primary service being provided by the
home-based business.
4.5.2
Notwithstanding subsection 4.5.1, the home-based business use
shall clearly be subsidiary to the residential use, shall not alter the
residential character of the property, and shall not detract from the
residential character of the neighbourhood. The external appearance
of the dwelling shall not be changed by the home-based business.
4.5.3
The use shall not generate traffic, parking, sewage, or water use in
excess of what is normal in the residential use.
4.5.4
No change shall be made in the type, class, or extent of the business
without a permit.
4.5.5
The principal operator of a home-based business shall reside in the
dwelling where the use is located.
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4.5.6
A single non-illuminated, free standing sign or wall-sign, not
exceeding 0.4 square metres in area, shall be permitted provided that
the design of the sign is consistent with the requirements as outlined
in Part 6 of these Regulations.
4.5.7
No regular parking of commercial vehicles or trailers except for one
vehicle with a gross weight of no greater than one tonne shall be
permitted.
4.5.8
Childcare as a home-based business shall conform to the
requirements of the Child Care Services Act and Regulations. Where
required, a license to operate a childcare facility shall be obtained
from the Department of Health and Community Services.
4.6
Home Offices
4.6.1
Nothing in these Regulations shall prevent, and no development
permit is required for, the use of a portion of a dwelling as a home
office for the resident(s) of the dwelling provided the office is not
intended to be visited by the public and no signage is posted.
4.7
Urban Agriculture
4.7.1
A maximum of twelve (12) small livestock shall be permitted as an
accessory use on any residential lot.
4.7.2
The keeping of bees shall be permitted as an accessory use on any
residential lot if the following requirements are satisfied:
(a)
The maximum number of hives permitted on a lot it one (1) per
1,350 square metres of lot area.
(b) All hives shall be located at least 3.0 metres from any lot line.
(c)
All hives and colonies shall be registered with the Newfoundland
Provincial Apiarist.
4.7.3
All urban agriculture livestock shall be contained within a fully fenced
enclosure appropriate to the species of animal(s).
4.7.4
All coops, barns, and other animal structures shall be located in the
side or rear yard and shall meet the requirements for accessory
buildings.
4.7.5
The processing of urban agricultural products, such as chopping,
packing, pickling, or preserving is permitted as an accessory use to
an urban agricultural use.
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4.8
Agricultural Livestock Structures and Use
4.8.1
No structure designed to contain more than the twelve {12) small
livestock permitted by Subsection 4. 7 .1 shall be erected or used
unless it complies with the following:
(a)
The structure shall be designed and operated to contain animal
wastes and minimize odours according to established best farm
management practices.
(b) The structure shall be at least 60 metres from the boundary of
the property on which it is to be erected.
(c)
The structure shall be at least 90 metres from the center line of a
street.
{d)
The proposed development is referred to and approval
recommended by the Department of Fisheries, Forestry and
Agriculture.
4. 9
Mineral Exploration
4.9.1
Mineral exploration activities, where permitted shall meet the
following conditions:
(a)
The planned activities shall not cause undue noise, significant
ground disturbance, or risks to the safety of residents in Trinity.
(b) A plan to consult with and inform residents of the activity shall
be submitted for approval by Council.
(c)
The proponent shall obtain all applicable permits and approvals
from federal and provincial agencies.
(d) A site rehabilitation plan, including rehabilitation cost estimates,
shall be submitted for approval by Council for exploration
activities that require trenching and / or creation of cutlines
through wooded areas, or other forms of ground disturbance.
(e)
A refundable cash deposit shall be made to Council in
accordance with the estimates established in the site
rehabilitation plan. The deposit shall be returned when the
rehabilitation work has been completed by the developer, in
accordance with the development permit and to the satisfaction
of Council. Council shall use the cash deposit to conduct any
site rehabilitation not completed by the developer.
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4.10 Outdoor Storage and Display
4.10.1 Outdoor storage associated with a commercial or industrial use shall
be limited to rear or side yards.
4.10.2 Council may require a buffer in the form of a fence or separation area
to screen storage.
4.10.3 Outdoor display shall not be located within 3.0 metres of the front lot
line.
4.11 Parks, Recreation Uses, and Conservation Uses
4.11.1 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 that may be hazardous to their use and are not operated for
commercial purposes.
4.12 Residential Care Facilities
4.12.1 Residential care facilities shall be permitted as dwellings and subject
to the applicable requirements for dwellings based on the following
equivalencies:
(a)
A residential care facility with fewer than five (5) beds shall be
treated as a single dwelling.
(b) A residential care facility with five (5) to eight (8) beds shall be
treated as a double dwelling.
(c)
A residential care facility with more than eight (8) beds shall be
treated as a multi-unit dwelling with each four (4) beds or a
portion thereof equivalent to one (1) dwelling unit.
4.12.2 A single bedroom for a staff member shall be permitted without being
counted for the purpose of the equivalences in Subsection 4.12.1.
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4.13 Secondary Dwellings
4.13.1 Secondary dwellings shall be permitted accessory to a single dwelling
or double dwelling, subject to the following requirements:
(a)
Only one (1) secondary dwelling shall be permitted on a lot.
(b) The floor area of the secondary dwelling shall not exceed 70.0
square metres.
4.13.2 Except in the Heritage Area Use Zone, the secondary dwelling shall
be permitted in a separate building from the main dwelling, subject to
the following requirements:
(a)
The secondary dwelling shall be subject to the height
requirements for accessory buildings and all other requirements
for main buildings.
(b) The secondary dwelling shall be located in the side yard or rear
yard.
(c)
Windows and other perforations shall not be located on any
elevations closer than 1 .2 metres from any adjacent lot.
4.14 Solar Collector Systems
4.14.1 Solar collector systems shall be permitted as an accessory use in all
zones except the Heritage Area Use Zone.
4.14.2 Accessory solar collector systems may be mounted on a building or
free-standing. Where such systems are free-standing, they shall have
a maximum panel area of 10.0 square metres and a maximum height
of 3.0 metres.
4.14.3 Solar collector systems as a main use shall be subject to the
permitted uses table of each respective zone.
4.15 Wharves, Slipways, and Docks
4.15.1 Where permitted, wharves, slipways, and docks shall be subject to
the following requirements:
(a)
Wharves, slipways, and docks shall be exempt from minimum
rear and side yard requirements.
(b)
For greater clarity, this section does not exempt applicants from
the Navigable Waters Protection Act or any other federal or
provincial legislation regulating coastal development.
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5 OFF-STREET PARKING AND LOADING
5.1
Required Automobile Parking Spaces
5.1.1
For all new land uses or changes in land use, parking in the amount
prescribed by Table 5-1 and meeting the standards of this Part shall
be provided.
5.1.2
In calculating the number of required automobile parking spaces, the
number of spaces required for each main use on the lot shall first be
added before any rounding.
5.1.3
Rounding for the number of required automobile parking spaces shall
be to the nearest whole number, with half spaces rounded down.
Table 5-1: Minimum Automobile Parking Requirements
Residential Land Uses
Parking Requirement
Dwelling
Residential Care Facility
1.0 space per unit
One occupant space for every two beds. One
visitor parking space for every four dwelling
units and 0.5 spaces per staff member
Commercial Uses
Parking Requirement
Childcare
Commercial Accommodations
Restaurant
Shop
Other Commercial Uses
1.0 space per 20 m2 of floor area
1.0 space per guest room
1.0 space per 10 m2 of floor area
1.0 space for every 30 m2 of floor area
1.0 space for every 50 m2 of floor area
Industrial Uses
Parking Requirement
Light, General, and Hazardous Industry
Service Station
0.5 space per employee
1.0 space for each employee
General and Public Uses
Parking Requirement
Places of Assembly, Places of
Worship, Theatre
Cultural and Civic
Medical and public care facilities
With seating
Without seating
1.0 space per 5 seats
1.0 space per 10 m2 of assembly area
1.0 space per 20 m2 of floor area
1.0 space per 4 patients
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5.2
Parking in the Heritage Area (HA) Zone
5.2.1
Notwithstanding Section 5.1, automobile parking in the Heritage Area
(HA) Zone may be wholly or partly comprised of available public
parking lots or areas.
5.2.2
Parking areas for more than two automobiles in the Heritage Area
(HA) Zone shall:
(a)
be set back a minimum of 0.5 metres from all lot lines; or
(b) for portions of the parking area set back less than 0.5 metres
from lot lines, be screened by ornamental vegetation or fences a
minimum of 1.0 metres in height between the parking area and
the applicable lot line.
5.3
Residential Off-Street Parking
5.3.1
Parking of vehicles on residential lots shall be on the hard-surfaced
area of the lot approved for the off-street parking space or spaces.
The parking of vehicles shall not be permitted on the landscaped
portion of the front yard or flanking street side yard of the lot or
property.
5.4
Parking Area Design Standards
5.4.1
Each required automobile parking space shall have a minimum width
of 2.5 metres and minimum length of 5.5 metres.
5.4.2
The width of a driveway leading to parking or loading areas, or of a
driveway or aisle in a parking area, shall be a minimum of 3.0 metres
for one-way traffic and a minimum of 6.0 metres for two-way traffic,
and the maximum width of a driveway shall be 9.0 metres.
5.4.3
Unless otherwise permitted in these Regulations, each automobile
parking space shall be independently accessible.
5.4.4
Unless otherwise permitted in these regulations, required automobile
parking spaces shall be located on the same lot as the use to which
they apply.
5.4.5
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.
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5.4.6
Parking spaces for multi-unit dwellings shall be provided in the rear
yard where possible.
5.4.7
In addition to the requirements listed above, where, in these
Regulations, parking facilities for more than four (4) automobiles are
required or permitted:
(a)
The parking area shall be constructed with a stable surface.
(b) The off-street parking area shall not be closer than 1.5 metres to
the front lot line.
(c)
Where in the opinion of Council, strict application of the above
parking requirements is impractical or undesirable, the 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 the Council for the provision and
upkeep of alternative parking facilities within the general vicinity
of the development.
(d)
Parking standards to accommodate persons with disabilities
shall meet the requirement of the Building Accessibility Act and
Regulations.
5.5
Parking Commercial Vehicles
Except for routine, temporary delivery or pickup of goods, wares, merchandise
or passengers, the parking of commercial vehicles within a public right of way
shall not be permitted.
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6 SIGNS
6.1
Permit Required
6.1.1
Subject to the provisions of Section 6.5 of these regulations, no sign
shall be erected or displayed in the Planning Area unless a permit for
the sign is first obtained from Council.
6.1.2
Application for a permit to erect or display a sign shall be made in
accordance with Part 2 of these Regulations.
6.1.3
A permit granted under these Regulations for the erection or display
of a sign shall be for a period not exceeding two (2) years but may be
renewed at the discretion of Council for similar periods.
6.2
General
6.2.1
Where this Part is inconsistent with the regulations respecting
advertising signs on or near public highways made or administered by
the Province of Newfoundland and Labrador, the more restrictive
regulations shall apply.
6.2.2
No signage shall be permitted to be erected or displayed within, on,
or over any highway or street reservation.
6.2.3
No sign shall obstruct a means of ingress/egress from a door,
window, fire escape, or pedestrian or barrier-free access.
6.3
Removal of Signs
6.3.1
Notwithstanding the provisions of these Regulations, 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.
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6.4
Sign Maintenance and Abandoned Signs
6.4.1
Every sign shall be kept in good repair and working order, and not
present a safety hazard.
6.4.2
Every sign and all parts thereof, including framework, supports,
background, anchors and wiring systems shall be constructed and
maintained in compliance with any applicable building, electrical, and
fire prevention regulations.
6.4.3
Signs shall be removed, at the cost of the sign's owner, within 30
days if the use for which they advertise is discontinued.
6.4.4
In the case of seasonal businesses, the use shall be considered
discontinued on December 31 st of a calendar year if the use was not
operated in that calendar year.
6.5
Exempt Signage
6.5.1
Except where prohibited by Section 6.6, the following signage may be
erected or displayed in the planning area without a development
permit:
(a)
On a dwelling or within the courtyard of a dwelling, one
nameplate not exceeding 0.2 square metres in area.
(b) The name of the building, located on the principal fagade, in
letters not exceed one tenth the height of that fagade or 1 .0
metres, whichever is less.
(c)
On a dwelling or within the courtyard of a dwelling, a single
nameplate not exceeding 0.2 square metres in area in
connection with the practice of a professional person carried on
in the premise.
(d)
On an agricultural holding or farm, a single notice board not
exceeding 1.0 square metres in area and relating to the
operations being conducted on the land.
(e)
On land used for forestry purposes, a single sign or notice not
exceeding 1.0 square metres in area and relating to forestry
operations or the location of logging operations conducted on
the land.
(f)
On land used for mining or quarrying operation, a single notice
board not exceeding 1.0 square metres in area relating to the
operation conducted on the land.
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(g)
On any site occupied by a church, school, library, art gallery,
museum, institution, or cemetery, a single notice board not
exceeding 1 .0 square metres in area.
{h)
On any parking lot, directional signs and a single sign not
exceeding 1 .0 square metres in size that identifies the parking
lot.
(i)
Real estate sales, leasing, or open house signs up to a
maximum of 1.0 square metres.
U)
Signs placed by candidates for elections.
(k)
Signs for temporary local events such as festivals, from one (1)
month before the event and to be removed within one (1) week
of its conclusion.
(I)
Signs erected in compliance with any Town of Trinity signage
program, and holding a valid permit as may be required by any
regulation or Council policy applicable to any such program.
(m) Civic addressing signs.
(n)
Signs posted by municipal, provincial, or federal government
agencies.
(o)
Signs associated with municipally operated parks and trails.
(p) Temporary signs on construction sites warning of danger and or
outlining the nature of the development up to a maximum area
of 7 .5 square metres.
(q) The flag, pennant, or insignia of any government, or any
religious, charitable, or fraternal organization.
6.6
Signs Prohibited in all Zones
6.6.1
Notwithstanding any other sections of these Regulations, the
following signs are not permitted in the Planning Area:
(a)
Any privately owned directional or advertising sign located off
the lot of the business establishment to which it refers except in
compliance with any Town of Trinity offsite signage program and
except that any business establishment not having direct access
to a public street is permitted, subject to the agreement of the
landowner, one sign at the entrance to the access road that
connects such property to a public street, and that sign will
constitute the ground sign permitted for that business.
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(b)
Signs not erected by a public authority that make use of words
such as "STOP", "LOOK", "ONE WAY", "DANGER", "YIELD" or
other similar words, phrases, symbols, lights, or characters
displayed in such manner as to interfere with, mislead, or
confuse traffic along a public street.
(c)
Signs that obstruct the vision of drivers or the effectiveness of
any traffic control device. All signs, except traffic control signs
shall meet the corner sight line provisions.
(d)
Signs painted on, attached to, or supported by trees, stone, cliff,
or other natural features.
(e)
Signs painted on, attached to, or supported by utility poles.
(f)
Flashing signs.
(g)
Billboard signs.
(h)
Roof mounted signs.
(i)
Portable signs.
6. 7
Signs for Non-conforming Uses
6. 7 .1
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.
6.7.2
A sign in legal existence at the date of coming into effect of these
Regulations that is not in accordance with the standards of these
Regulations may continue to exist provided the sign is maintained
and in good repair and does not pose a safety hazard or obstruction.
It may be modified or replaced provided such modification or
replacement is in accordance with these Regulations.
6.8
General Standards for Signs Outside the Heritage Area
6.8.1
The provisions of this Section shall apply to signs for uses located
outside the Heritage Area (HA) Zone, in addition to all other applicable
provisions of this Part.
6.8.2
The maximum number of signs a commercial, industrial, cultural, or
civic use may have is two (2).
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6.8.3
Ground signs:
{a)
shall be limited to a maximum of one (1) per lot;
(b) that have more than a single face shall be counted as a single
sign; and
(c)
shall not exceed a sign area of 7 .5 square meters.
6.8.4
Wall signs:
(a)
shall not exceed a sign area of 2.25 square meters; and
(b)
shall not extend beyond the wall to which they are affixed.
6.8.5
Window signs:
(a)
shall not exceed a sign area of 1.0 square meter.
6.8.6
Hanging and projecting signs:
(a)
that have more than one face shall be counted as a single sign;
(b) shall have a minimum setback from any property line of 1.2
metres;
(c)
shall have a minimum clearance 2.5 metres above the ground
level immediately below such a sign; and
(d) shall have a maximum sign area of 1.0 square metres.
6.8. 7
Awning / canopy signs:
(a)
shall not exceed a width of 3.0 metres and a height of 0.75 m.
6.8.8
Murals:
(a)
shall be permitted at the discretion of Council.
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6.9
General Standards for Signs in the Heritage Area Use Zone
6.9.1
The provisions of this Section shall apply to signs for uses located in
the Heritage Area (HA) Zone, in addition to all other applicable
provisions of this Part.
6.9.2
The maximum number of signs a commercial, industrial, cultural, or
civic use may have is two (2).
6.9.3
All signs that utilize lighting shall be lit via an exterior source, shall not
be backlit, and shall not use flashing or intermittent lights.
6.9.4
Ground signs:
(a)
shall be limited to a maximum of one (1) per lot;
(b) that have more than a single face shall be counted as a single
sign;
(c)
shall not exceed a sign area of 1.5 square metres;
(d) shall not exceed a height of 3.0 metres; and
(e)
shall consist of traditional materials such as wood, stone, or
metal (brass, bronze, or wrought iron), including any post or
support.
6.9.5
Wall signs:
(a)
shall consist of a rectangular sign board with a maximum width
of 3.0 metres and a maximum height of 0.75 metres;
(b) shall be horizontally oriented;
(c)
shall not project more than 0.10 metres from the wall face; and
(d) shall consist of traditional materials such as wood or metal
(brass, bronze, or wrought iron).
6.9.6
Window signs:
(a) shall not exceed a sign area of 1.0 square metres;
(b) shall be applied inside the glass of the window; and
(c)
shall be etched, painted, applied to the glass, or displayed
directly behind the surface of the glass. For clarity, window
displays of goods for sale or similar displays shall not constitute
a sign.
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6.9. 7
Hanging and projecting signs
(a)
that have more than one face shall be counted as a single sign;
(b)
shall have a minimum setback from any property line of 1.2
metres;
(c)
shall have a minimum clearance of 2.5 metres above the ground
level immediately below such a sign;
(d)
shall be placed at a right angle to the building face;
(e)
shall be fixed to the wall or hang from a bracket; and
(f)
shall consist of traditional materials such as wood or metal
(brass, bronze, wrought iron), including the bracket if applicable.
6.9.8
Awning or canopy signs:
(a)
shall not exceed a width of 3.0 metres and a height of 0. 75
metres; and
(b)
shall not be constructed of stretch skin plastics or any similar
material.
Town ofTrinity Development Regulations 2024 - 2034
46
7 SUBDIVISION OF LAND
7.1
Permit Required
7 .1.1
No land in the Planning Area shall be subdivided unless a permit for
the development of the subdivision is first obtained from the Council.
7.2
Subdivision Development Agreement
7.2.1
All residential subdivisions involving the construction of new streets
and/or sewer mains and/or water mains shall require the developer to
enter into a Subdivision Development Agreement with the Town.
7 .3
Services to be Provided
7.3.1
No permit shall be issued for the development of a subdivision unless
provisions satisfactory to the 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.
7 .4
Payment of Service Levies and Other Charges
7.4.1
No permit shall be issued for the development of a subdivision until
agreement has been reached for the payment of all fees levied by the
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 Sections 2.20 and
2.21.
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7.5
Issue of Permit Subject to Considerations
7.6
7.5.1
A permit shall not be issued when, in the opinion of the 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, the 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)
(f)
the transportation network and traffic densities affecting the site;
the relationship of the project to existing or potential sources of
nuisance;
(g)
(h)
(i)
0)
(k)
(I)
(m)
(n)
soil and subsoil characteristics;
the topography of the site and its drainage;
natural features such as lakes, streams, topsoil, trees, and
shrubs;
prevailing winds;
visual quality;
community facilities;
energy conservation; and
other matters as may affect the proposed development.
Building Lines
7 .6.1
The Council may, notwithstanding zone standards, establish building
lines for any subdivision street and require any new building to be
located on such building lines.
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48
7.7
Land for Public Open Space
7. 7 .1
Before development commences the developer shall dedicate to the
Town, at no cost to the Town, an area of land equivalent to 10% of
the gross area of the subdivision for useable public open space.
7.7.2
For the purpose of Subsection 7.7.1, "usable public open space"
means land which:
(a) has at least 6.0 metres of frontage on a public street, or where
no frontage exists, connects to existing public lands;
(b) is not subject to any easement for electrical power transmission
lines, or other utilities;
(c)
shall be certified, in a form acceptable to the Town, as being
free from all encumbrances; and
(d) contains characteristics suitable for public open space
purposes, to be determined at the sole discretion of the Town.
Such characteristics might include, but are not limited to:
i.
lands suitable for walking or hiking;
ii.
lands suitable for public parks and playgrounds;
iii.
lands suitable for public gardens;
iv.
lands that provide pedestrian connectivity to amenities or
between neighbourhoods;
v.
lands that provide public access to the shore;
vi.
vehicular access to navigable waters, suitable for public
boat launching or retrieval; or,
vii.
lands containing structures, buildings, or views of
significant historic value to the community and usable for
public purposes.
7.7.3
Notwithstanding Subsection 7.7.1 , public open space dedication shall
not be required for:
(a) lot consolidations;
(b) lot boundary adjustments where no additional lots are created;
(c) subdivisions arising from the probate of a will;
(d) subdivision of land owned by a public body; or
Town of Trinity Development Regulations 2024 - 2034
49
(e) subdivisions that create no more than three cumulative lots from
an area of land as it existed on the effective date of these
Regulations;
7.7.4
The location and suitability of any land dedicated under the provisions
of Subsection 7. 7 .1 shall be subject to the approval of Council, but in
any case, Council shall not accept land which, in its opinion, is
incapable of development for any purpose due to steep slopes,
contamination, the location of natural features, the dimensions of the
land, or any other reason.
7.7.5
Council may accept from the developer a payment of a sum of money
in lieu of such area or areas of land, equal to the value of the land,
after subdivision, which would otherwise be required to be dedicated.
7.7.6
Money received by Council in accordance with Subsection 7.7.5 shall
be reserved by Council for the purpose of the acquisition or
development of land, facilities or infrastructure for public open space
or other public purpose.
7.7.7
Land dedicated for public use in accordance with this Regulation shall
be conveyed to the Town 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.
7.7.8
Council may require a strip of land to be reserved and remain
undeveloped along the banks of any river, brook or pond, and this
land may, at the discretion of Council, constitute the requirement of
land for public use under Subsection 7.7.1.
7.8
Structure in Street Reservation
7 .8.1
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.
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50
7.9
Subdivision Design Standards
7 .9.1
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)
New subdivisions shall have street connections with an existing
street or streets.
(c)
All street intersections shall be constructed within 5.0 degrees of
a right angle and this alignment shall be maintained for 30.0
metres from the intersection.
(d)
No street intersection shall be closer than 60.0 metres to any
other street intersection.
(e)
No more than four streets shall join at any street intersection.
(0
No residential street block shall be longer than 490.0 metres
between street intersections.
(g)
Streets in residential subdivisions shall be designed in
accordance with the approved standards of the Council, but in
the absence of such standards, shall conform to the following
minimum standards:
!"L
!..,I
I
1 .. 1
'"'
1m
... -
L __ ,,_
Collector Street
Local Street
Min. Street Right-of-Way:
20 m
Min. Street Right-of-Way:
15 m
Min. Street Width:
9m
Min. Street Width:
7 m
Minimum Sidewalk Width
1.5 m
Minimum Sidewalk Width:
1.5 m
Number of Sidewalks
2
Number of Sidewalks:
1
(h)
Notwithstanding (g), streets within Taverner's Point shall
conform with the following standards:
Min. St reet Right-of-Way:
10 m
Min. Street Width:
7 m
Number of Sidewalks
0
Town of Trinity Development Regulations 2024 - 2034
51
(i)
No lot intended for residential purposes shall have a depth
exceeding four times the frontage.
U)
Residential lots shall not be permitted that abut a local street at
both front and rear lot lines.
(k)
Council may require any existing natural, historical, or
architectural feature or part thereof to be retained when a
subdivision is developed.
(I)
Land shall not be subdivided in such a manner as to prejudice
the development of adjoining land.
7 .9.2
No lot shall be created that landlocks an area of land or otherwise
prejudices the development of abutting lands.
7.10 Cul de Sacs
7 .10.1
Cul de sacs shall only be permitted if, in the opinion of Council, no
through connection is viable and the following design standards are
met:
(a)
Every cul de sac shall be provided with a turning circle of a
finished surface diameter not less than 20.0 metres.
(b) The maximum length of any cul de sac shall be 110.0 metres
(without emergency vehicle access) and 230.0 metres (with
emergency access meeting Clause (c)) from the centre line of
the intersecting street to the centre point of the turning circle.
(c)
Emergency vehicle access to a cul de sac shall be not less than
3.0 metres wide and shall connect the head of the cul de sac
with an adjacent street.
(d)
No cul de sac shall be located so as to appear to terminate a
collector street.
7.11 Engineer to Design Works and Certify Construction Layout
7 .11.1
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 the 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.
Town ofTrinity Development Regulations 2024 - 2034
52
7.11.2 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 the developer's 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.
7.12 Developer to Pay Engineer's Fees and Charges
7.12.1 The developer shall pay to the Town all the Engineer's fees and
charges for the preparation of designs and specifications and for the
layout and supervision of construction; such fees and charges being
percentages of the total cost of materials and labour for the
construction and installation of all works calculated in accordance
with the Schedule of Fees recommended by the Association of
Professional Engineers of Newfoundland and in effect at the time the
work is carried out.
7 .13 Street Works may be Deferred
7 .13.1 The construction and installation of all curbs and gutters, catch
basins, sidewalks and paving specified by the Council may be
deferred until a later stage of the work on the development.
7.13.2 Prior to approval, the developer shall deposit with the Town an
amount estimated by the Engineer as sufficient to cover construction
and installation costs of deferred works, to be held in trust with all
interest earned credited to the developed.
7.13.3 In the later stage of the work of development, Council shall call for
tenders for construction and installation of the deferred works, and
the amount so deposited by the developer shall be applied towards
payment of the contract cost.
7 .13.4 If the contract cost exceeds the deposit, the developer shall pay to
the Town the amount of the excess. If the contract price is less than
the deposit, the Town shall refund the amount by which the deposit
exceeds the contract price.
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53
7.14 Transfer of Streets and Utilities
7 .14.1 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 Town,
at no cost to the Town, and clear of all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided
which are approved and designated by the Town for public uses
as streets, or rights-of-way, or for other public use; and
(b)
all services or public works including streets, water supply and
distribution, and sanitary and storm drainage systems installed
in the subdivision that are normally owned and operated by the
Town.
7.14.2 Before the Town shall accept the transfer of lands, services, or public
works of any subdivision, the Engineer shall, at the cost to the
developer, test the streets, services, and public works installed in the
subdivision and certify his or her satisfaction with their installation.
7 .14.3 The Town shall not provide maintenance for any street, service, or
public work in any subdivision until such time as such street, service,
or public work has been transferred to and accepted by the Town.
7 .15 Restriction on Sale of Lots
7 .15.1 The developer shall not develop or dispose of any lot within a
subdivision for the purposes of development and no building permit
shall be issued until Council is satisfied:
(a)
the lot can be served with satisfactory water supply and sewage
disposal systems; and
(b)
satisfactory access to a street is provided for the lots.
7.16 Notification of NL Hydro
7 .16.1 Council shall inform NL Hydro and obtain approval from NL Hydro
prior to the approval and development of any street, public or private,
underneath electrical transmission lines.
Town ofTrinity Development Regulations 2024 - 2034
54
8
USEZONES
8.1
Identification of Zones
8.1.1
For the purpose of these Regulations, the Planning Area is divided
into Use Zones which are shown on the Schedule 'B', the Zoning
Maps, attached to and forming part of these Regulations.
8.2
Interpretation of Use Zones
8.2.1
Boundaries between zones shall be determined as follows:
(a)
where a zone boundary is indicated as following a survey line,
the boundary shall follow that line;
(b)
where a zone boundary is indicated as following a street, private
road, or controlled access highway, the centreline of the street,
private road, or controlled access highway shall be the boundary
unless otherwise indicated;
(c)
where a zone boundary is indicated as following a railway or
utility right-of-way, the centreline of the right-of-way shall be the
boundary unless otherwise indicated;
(d) where the zone boundary is indicated as approximately
following lot lines, the boundary shall follow the lot lines;
(e)
where the zone boundary is indicated as following the shoreline
of a river, watercourse, lake or salt water body, the mean high
water mark shall be the boundary; and
(f)
where none of the above provisions apply, Council shall scale
the zone boundary from the zoning map.
Town of Trinity Development Regulations 2024 - 2034
55
8.3
Use Zones
8.3.1
The following use zones have been established in the Trinity Planning
Area and the following abbreviations have been used to identify
individual Use Zones on the Zoning Map:
Heritage Area
HA
Mixed Development
MD
Rural
RU
Open Space
OS
Protected Water Supply
PW
Season Residential
SR
8.4
Permitted Uses
8.4.1
Subject to these Regulations, the uses that fall within the Permitted
Use Classes set out in the appropriate Use Zones shall be permitted
by the Council in that Use Zone.
8.5
Discretionary Uses
8.5.1
Subject to these Regulations, the uses that fall within the
Discretionary Use Classes set out in the appropriate Use Zones may
be permitted in that Use Zone if:
(a) 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,
(b)
Council has given notice of the application in accordance with
Section 2.15 and has considered any objections or
representations which may have been received on the matter.
8.6
Prohibited Uses
8.6.1
Uses that do not fall within the Permitted or Discretionary Use
Classes in any zone, or are specifically listed as a Prohibited Use,
shall not be permitted.
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56
9
HERITAGE AREA USE ZONE (HA)
9 .1
Permitted Main Uses
9.1.1
The following main uses are permitted in the Heritage Area Use Zone,
subject to all applicable requirements of these Regulations:
Artist's Studio
Cemetery - Existing
Childcare
Conservation
Cultural and Civic
Double Dwelling
Medical Clinic
Office
Parks, Playgrounds, and Walking Trails
Personal Service
Professional Services
Single Dwelling
Theatre
9 .2
Discretionary Uses
9.2.1
Council may consider the following main uses in the Heritage Area
Use Zone, subject to all applicable requirements of these Regulations
and the procedures for discretionary uses:
Animal Care
Bar or Lounge
Cemetery - New
Club and Lodge
Commercial Accommodations
General Assembly
Indoor Market
Marina
Marine-related Uses such as fishing sheds, stages, and boat houses
Multi-unit Dwelling
Town of Trinity Development Regulations 2024 - 2034
57
Outdoor Market
Place of Worship
Restaurant
Shop
Wharves, Slipways, and Docks
9 .3
Prohibited Uses and Structures
9.3.1
Accessory structures in the form of domestic garages, carports,
ramps, and radio and television antennae shall be prohibited in the
Heritage Area Zone.
9.4
Fort Point Area Development
9.4.1
Notwithstanding Section 9.1 and 9.2, development in the area
between the Town Boundary at Dunfield and Fort Point shall be
limited to seasonal residential dwellings, recreational trails and
conservation, presentation and interpretation of the Trinity Lighthouse
and other historical and archaeological sites at Fort Point.
9.4.2
Development within Fort Point shall not be on the basis of central
sewer and water.
9.5
Gun Hill/ Rider Hill Special Policy Area Development
9.5.1
Development in the Gun Hill / Rider Hill Special Policy Area shown on
the Land Use Zoning Map shall be limited to public trails and
interpretive signage.
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58
9.6
Development Requirements
9.6.1
Except as otherwise permitted by these Regulations, Council shall not
issue a development permit for a use on a lot in the Heritage Area Use
(HA) Zone unless the following requirements are met:
Requirement
Residential and Commercial
Seasonal Dwelling - Fort
Uses
Point*
Minimum Lot Area
450 m2
4,050 m2
Minimum Floor Area
70 m2
80 m2
Maximum Lot Coverage
33%
N/A
Minimum Lot Frontage
Discretion of Council
30 m along road to Fort
Point
Minimum Building Line Setback
6 m or consistent with
Bm
adjacent dwellings
Minimum Rear Yard
9m
9m
Minimum Side Yard
1.2 m
3m
Minimum Building Height
4 m or consistent with
4m
dwellings
Maximum Building Height
11 m
11 m
*Seasonal residential use at Fort Point shall also meet provincial requirements
for on-site septic systems.
9.7
Frontage of a Publicly Maintained Street
9.7.1
Notwithstanding Section 3.17, development of a parcel of land that
does not front directly on a publicly maintained street may be
considered as a discretionary use in the Heritage Area Zone in
exceptional circumstances where the property:
(a)
can be shown to have been developed in the past;
(b)
can be accessed by a right of way of sufficient width,
constructed so that it is accessible to emergency vehicles; and
(c)
can be connected to the Town's piped water and sewer system.
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59
9.7.2
At Fort Point, development in the Heritage Area Zone shall front on
and have access to the road from Dunfield to Fort Point
notwithstanding that the road is not publicly maintained road on a
year-round basis. Applications for seasonal residences in the Fort
Point area will be advised that the road is not publicly maintained and
that the costs for the purposed of upgrading to service seasonal
residential properties in the future will be subject to a service levy
applied to properties that benefit from the upgrading.
9.8
Taverner's Point Area Development
9.8.1
Development in the Taverner's Point Area requiring the construction
of new streets, or significant upgrading of existing paths or streets to
bring them up to the Town's minimum standards as set out in Part 7 -
Subdivisions of Land, may only be permitted after a comprehensive
plan of the area has been approved by Council.
9. 9
Wharves, Docks, and Marinas
9.9.1
In the Lower Trinity area of the Heritage Area Use Zone wharves,
docks, marinas, and other harbour-related structures and uses such
as fishing stages and sheds shall be limited to the area between
Tabins Point and Fishers Cove.
9 .10 Demolition
9.10.1
No demolition of any building or structure, excluding fences, shall
take place within the Heritage Area Zone unless it has been approved
by Council.
9.10.2 Buildings, properties, structures, or sites that are designated as
heritage or historic resources under federal, provincial, or municipal
legislation shall not be demolished, altered, expanded, or otherwise
affected, without approval of the Council and any other agency
required by provincial or federal legislation.
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60
9 .11 Fences & Walls in the Heritage Area Zone
9.11.1
In addition to Section 3.11, fences in the Heritage Area Zone shall be
constructed in the traditional style of vertical wooden pickets, (with or
without scroll sawn patterns in pickets) wooden rail fences, wrought
iron, stone or plant (as in hedges) material.
9.11 .2 The maximum allowable height of a fence in the Heritage Area Zone
shall not exceed 1.2 metres along any street or along any side lot line
unless it is a hedge. The maximum allowable height of a fence along a
rear property line is 1.8 metres.
9 .12 Design Standards for Accessory Buildings in the Heritage Area Zone
9.12.1 Accessory buildings in the Heritage Area Zone situated on the same
lot as the main building:
(a)
shall be consistent with the appearance of the main building in
terms of cladding, door and window proportions, and materials;
(b)
if accessory to a residential use, shall not exceed a total lot
coverage of 10% or 70.0 square metres, whichever is less, for all
accessory buildings on the lot; and
(c)
shall not exceed a height of 4.0 metres.
9.12.2 Buildings accessory to a residential use in the Heritage Area Zone on
a lot adjacent to the main lot but in the same ownership as the main
building:
(a)
shall be consistent with the appearance of the main building in
terms of cladding, door and window proportions, and materials;
(b) shall not exceed a height of 6.0 metres or one and half (1 ½)
storeys, whichever is less; and
(c)
shall not exceed a ground floor area of 70.0 square metres.
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9.13 Design Standards for Renovations and Additions in the Heritage Area
Zone
9.13.1
Renovations of and additions to existing buildings in the Heritage
Area Zone shall meet all the requirements of this Section.
9.13.2 General
(a)
Before issuing a permit for development or major renovations of
a property the Town shall be satisfied that every reasonable
effort has been made to provide a compatible use for the
property that requires minimal alteration of the building,
structure, or site and its environment, or to use a property for its
originally intended purpose.
(b) The character defining elements of a building, structure, or site
and its environment shall not be destroyed. The removal or
alteration of any historic material, distinctive architectural
feature, or example of skilled craftsmanship shall not be
permitted unless the feature is unsalvageable, in which case the
feature shall be duplicated in the appropriate material and
original design.
(c)
Original architectural features that have deteriorated shall be
repaired rather than replaced, wherever possible. In the event
replacement is necessary, the new material shall match the
material being replaced in composition, design, colour, and
texture. Repair or replacement of missing original architectural
features shall be based on accurate duplication of features,
substantiated by heritage, physical, or conjectural designs or the
availability of different architectural elements from other
buildings or structures.
(d)
Contemporary design for alterations and additions to existing
properties may be permitted when:
i.
such alterations and additions do not destroy character
defining historical, architectural, or cultural material; and,
ii.
such design is compatible with the size, scale, colour,
material, and character of the property, neighbourhood, or
environment.
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9.13.3 General Form and Scale
(a)
The scale of a structure after alteration, construction, or partial
demolition must be compatible with its architectural style and
character, and with surrounding buildings and structures.
(b) The relationship of the width to the height of the principal facade
must be retained as close as possible to the original.
(c)
The size, shape and prominence of the porch, bridge or deck
and entrance projection or doorway in a building shall be
compatible with those found on buildings in the Heritage Area of
similar architectural style.
9.13.4 Windows and Doors
(a)
Original windows and doors, including sash, lintels, sills,
decorative glass, pediments, trims and hardware shall be
retained or replaced with duplicates constructed with the
original or other materials which match the original elements as
closely as possible.
(b) After alteration or construction, the proportions of and
relationships between doors and windows shall be compatible
with the original architectural style and character of the structure
and with the character of the surrounding environment as
documented.
(c)
Glazing shall not exceed the percentage of glazing prior to
renovation or 25% of the area of any wall, whichever is more.
9.13.5 Roofs
(a)
The direction, pitch and arrangement of the roof or roofs shall be
visually compatible with the original architectural style and
character of the building.
(b) Wherever possible, the original shape and materials of the roof
shall be restored. Roof covering that has deteriorated beyond
repair shall be replaced with new material that matches as
closely as possible the existing original material in composition,
size, shape, colour, and texture.
(c)
Roof shape shall not be altered unless the alteration restores the
roof shape to its original state.
(d)
Nothing shall be done to change the essential character of the
roof by adding architectural features or roofing materials
inappropriate to the original style of the house.
Town of Trinity Development Regulations 2024 - 2034
63
(e)
The roof shall not be stripped of architectural features important
to its character, such as dormer windows, cornices, brackets,
chimneys, or gutters, nor the specified features altered, unless
the removal or alteration will restore the features specified to
their original state.
(f)
No roofs with pitch under 2/12 shall be added to or constructed
on principal buildings.
9.13.6 Finish Materials and Detail
(a)
Architectural details including materials, colours, and textures
shall be treated so as to conform to the original architectural
style and character of the building.
{b)
Except for chimneys and foundations, exterior cladding shall
match the existing cladding or be wooden clapboard laid
horizontally in narrow courses of 8.5 centimetres to 11.5
centimetres.
(c)
Trim shall match the existing building or include corner boards
not less than 10.0 centimetres wide.
(d)
Extensions to an existing building shall be clad in visually
compatible materials, and the original structure and extension
should be finished in a uniform colour scheme compatible with
the original architectural style.
(e)
Where original architectural features such as corner boards,
cornices, brackets, window architraves, and doorway pediments
have deteriorated, they shall be repaired or replaced with new
material that duplicates the original as closely as possible.
9.13.7 Foundations
(a) Additions shall not have large areas of exposed foundation.
Cladding shall be brought as close to grade as possible with a
maximum clearance of 15.24 cm above the soil level. On sloping
sites, a foundation shall be stepped or slopped to enable cladding
to be brought as close to grade as possible with a maximum
clearance of 15.24 cm above the soil level.
{b) Reconstruction of foundation skirting on an existing building shall
replicate the original, including water table elements.
(c) Notwithstanding clauses (a) and (b), when development may be
impacted by sea level rise increases in exposed foundation may
be approved at the discretion of Council.
Town of Trinity Development Regulations 2024 - 2034
64
9 .14 Design Standards for New Main Buildings in the Heritage Area Zone
9.1 4.1
New main buildings in the Heritage Area Zone shall meet all the
design requirements of this Section.
9.14.2 Windows and Doors
(a)
Glazing shall not exceed 25% of the area of any wall.
(b)
Windows on main buildings shall meet the following
requirements:
i.
Windows must be single or double hung.
g
I g
~
1
I -
V
V
X
ii.
('Jotwithstanding subclause (i), hinged storm windows and
awning and fixed window types are permitted provided
muntins are used to provide a window with a similar profile
to a single hung window with a central meeting rail (check
rail).
- -
V
iii.
Windows must be rectangular and vertically oriented with a
minimum width to height ratio of 1 :1 .5 and a maximum
width to height ratio of 1 :2.
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iv.
Wider window opening may be achieved by combining
vertically proportioned windows in a mullioned frame.
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v.
Notwithstanding subclause (iii) bay windows, round headed
windows, and pointed windows as well as decorative
circular and triangular windows, based on example found
in the town may be permitted.
vi.
Horizontally proportioned slider windows, picture windows,
and curved windows shall not be permitted.
vii.
All the windows on a storey shall be consistently aligned at
either the top of the casing or the top of the glazing.
(c)
Doors may be made of wood and incorporate recessed panels
or a combination of recessed panels and glazing in a traditional
style. Non-wooden doors designed in a manner which replicates
a traditional style may also be permitted.
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9.14.3 Form
(a)
The proportions of any new building shall be rectangular in plan
for the principal component.
(b) Additive forms shall be permitted in the form of wings, ells,
porches, verandas, dormers, and projecting bays.
(c)
The proportions of any new building, including additive forms,
shall be as follows:
i.
The minimum depth to width ratio shall be 1 :1 ¼
ii.
The maximum depth to width ratio shall be 1 :2
(d) The magnitude of the depth of the principal component shall not
exceed the magnitude of the height of the building.
9.14.4 Height and Roof Shape
(a)
Building height shall be a minimum of 1 ½ storeys and a
maximum of 2 ½ storeys.
(b) The roof shall be one of the following styles:
i.
Gabled
ii.
Hipped
iii.
Gambrel
iv.
Mansard
(c)
Roofs shall have a roof pitch between 2/12 and 12/12 (rise/run},
except for gambrel or mansard style roofs.
Stopez:
:Rise
I ---
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""""'
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(d) The principal roof height, measured vertically from the lowest
point of the eaves to the highest peak of the roof, shall not
exceed 40% of the total building height. If the principal roof joins
with the roof of an additive form, the roof height shall be
measured from the lowest point on the eaves of the additive
form roof.
(e)
Roof materials shall be one of the following:
i.
Asphalt shingles;
ii.
Felt and tar;
iii.
Torch-on; or
iv.
Wood shingles
(f)
Dormers shall be one of following styles:
i.
Peaked;
ii.
Gothic;
iii.
Recessed Victorian Gothic;
iv.
Shed; or
v.
Hipped.
(g)
Dormer pitch shall be sympathetic to the overall roof design.
(h)
Window styles in dormers shall be consistent with Section
9.14.2 and the overall building design.
9.14.5 Finish and Materials
(a)
Except for chimneys and foundations, exterior cladding shall be
wooden clapboard or cement board laid horizontally in narrow
courses of 8.5 centimetres to 11.5 centimetres.
(b) Wooden window trim, door trim, and cornerboards shall be
required, each with a minimum width of 10.0 centimetres.
(c)
Cladding and trim shall match on all sides of the building.
9.14.6 Chimneys
(a)
Chimneys shall be clad in masonry or in wooden clapboard of
the same course width and colour as the building's primary
cladding.
(b)
Notwithstanding (a}, chimneys that exit the building through the
roof shall be permitted to be clad in metal.
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9.14. 7 Foundations
(a)
New buildings shall not have large areas of exposed
foundations. Cladding shall be brought as close to grade as
possible with a maximum clearance of 15.24 centimetres above
soil level. On slopping sites, a foundation shall be stepped or
slopped to enable cladding to be brought as close as possible
to grade with a maximum clearance of 15.24 centimetres above
the soil level.
(b)
Notwithstanding clause (a), when development may be impacted
by sea level rise, increases in exposed foundation may be
approved at the discretion of Council.
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10 MIXED DEVELOPMENT USE ZONE (MD)
10.1 Permitted Main Uses
10.1 .1 The following main uses are permitted in the Mixed Development Use
Zone, subject to all applicable requirements of these Regulations:
Artist's Studio
Childcare
Conservation
Cultural and Civic
Double Dwelling
Grouped Dwelling
Multi-unit Dwelling
Parks, Playgrounds, and Walking Trails
Single Dwelling
Theatre
10.2 Discretionary Uses
10.2.1 Council may consider the following main uses in the Mixed
Development Use Zone, subject to all applicable requirements of
these Regulations and the procedures for discretionary uses:
Agriculture
Animal Care
Bars and Lounges
Cemetery
Club and Lodge
Commercial Accommodations
Convenience Stores
Funeral Home
General and Light Industry
General Services
Indoor Market
Marina
Marine-related Uses, such as fishing sheds, stages, and boat houses
Medical Clinic
Mineral Exploration
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Office
Outdoor Market
Place of Worship
Professional Services
Restaurants
School
Service Station
Shops
Telecommunications and Antenna
Wharves, Slipways, and Docks
10.3 Development Requirements
10.3.1 Except as otherwise permitted by these Regulations, Council shall not
issue a development permit for a use on a lot in the Mixed
Development Use (MD) Zone unless the following requirements are
met:
Standard
Dwellings
Discretionary Uses
Minimum lot area*
450 m2
450 m2
Minimum frontage area
15 m2
26 m2
Minimum building line setback
6m
8m
Minimum side yard
1m
5m
Minimum rear yard
9m
10 m
Maximum lot coverage
33%
33%
Maximum building height
11 m
11 m
*Lots shall also meet provincial requirements for on-site septic systems
where applicable.
10.4 Building Line Setback
10.4.1 Notwithstanding the minimum building line setback set out in
Regulation 10.3.1, development shall be required to be set back 20.0
metres from the centreline of Route 230.
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10.5 Lot Area for Dwellings
10.5.1 Subject to the requirements of the Department of Government
Services or the Department of Environment and Conservation, the
area of land required per dwelling unit shall be determined, in
accordance with the water and sewer services available, as follows:
Municipal piped water supply and connection to municipal sewer
450 m2
Municipal piped water supply and sewage disposal by septic tank and tile 1400 m2
field
Well water supply and connection to a municipal sewer
Well water supply and sewage disposal by septic tank and tile field
10.6 Convenience Stores
1400 m2
1860 m2
10.6.1 Convenience stores shall be required to provide a landscaped hard
surface parking lot with sufficient off street parking and well defined
entrance and exit points to the street.
10. 7 Service Stations
10. 7 .1
Service stations may only be permitted where they front onto Goose
Cove Road.
10. 7 .2 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 4.0 metres from the front
lot line.
(c)
Access points shall be at least 7.0 metres wide and shall be
clearly marked.
10.8 Accessory Buildings
10.8.1
In the Mixed Development Zone, the total of all accessory buildings
associated with a residential use shall have a lot coverage no greater
than 6% up to a maximum of 80.0 square metres and no accessory
building shall have a height of more than 5.0 metres.
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11 RURAL USE ZONE (RU)
11.1 Permitted Uses
11.1.1 The following main uses are permitted in the Rural Use Zone, subject
to all applicable requirements of these Regulations:
Agriculture
Conservation
Forestry
Mineral Exploration
Mineral Working and Mining
Parks, Playgrounds, and Walking Trails
Solar Collector System
11.2 Discretionary Uses
11 .2.1 Council may consider the following main uses in the Rural Use Zone,
subject to all applicable requirements of these Regulations and the
procedures for discretionary uses:
Campground
Cemetery
General Industry
Light Industry
Marine-related Uses, such as fishing sheds, stages, and boat houses,
processing, and aquaculture
Outdoor Assembly
Outdoor Market
Remote Cabins
Restaurant
Telecommunications and Antenna
Wharves, Slipways, and Docks
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11.3 Development of Trinity Loop
11.3.1 Development of the Trinity Loop property may be considered in the
form of seasonal or year-round commercial accommodations or
tourism attraction. Proposals for development shall:
(a)
show how the development will integrate, retain and preserve
the Trinity Loop historic structure and provide for public park
areas;
(b)
ensure public access to the Trinity Loop, from within the
development and the continuation of the railway right of way off
the site.
(c)
demonstrate how the site will be provided with a sustainable
supply of potable water for proposed uses; and
(d)
include plans for a wastewater management system designed
so as not to result in future demands on the Town for piped
servicing to the site.
11.3.2 Council may require upgrading of the public street to the site and may
require as a condition of approval that the street be upgraded and
maintained (including snow removal) at the developer's expense, to
acceptable standards.
11.4 General Industry
11.4.1 General industry uses may be permitted in the Rural Use Zone
provided that they are restricted to maintenance and repair of
equipment, processing and storage related to forestry uses or mineral
workings, or where located along the coastline, are marine-related.
11.5 Mineral Workings
11.5.1 All mineral workings, including pits, quarries and mines shall be
subject to the requirements of the appropriate permit, lease or licence
issued by the Mineral Lands Division, Department of Industry, Energy
and Technology, for development, operation, decommissioning and
rehabilitation. Where not addressed in an applicable provincial permit,
lease, or licence, mineral workings shall meet the following
requirements of Council:
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(a)
Screening -A buffer shall be required to screen mineral
workings visible from a public street. A buffer may consist of a
30-metre-wide tree screen, a landscaped berm, or as required
by Council. Council may waive the requirement for a buffer
where natural topography creates a visual screen between
mineral workings and adjacent public highways and streets.
(b)
Fencing - Council may require the mineral working site or
excavated area of a pit or quarry working to be enclosed by a
fence designed and constructed to its specifications and no less
than 1.8 metres in height.
(c)
Water Pollution - No mineral working or extraction activity shall
be permitted within 50.0 metres of a waterbody or watercourse.
(d)
Water Ponding - No mineral working shall result in the
excavation of areas below the level of the water table nor in any
way cause the accumulation or ponding of water in any part of
the site. Settling ponds may be permitted with the approval of
the Department of Environment and Climate Change.
(e)
Site Maintenance -The mineral working shall be kept clean of
refuse, abandoned vehicles, and abandoned equipment and any
derelict buildings.
(f)
Access Roads - During extended periods of shutdown, access
roads to a mineral working shall be ditched or barred to the
satisfaction of Council.
(g)
Stockpiling Cover Material - All stumps, organic material, and
topsoil, including the rusty coloured and iron stained layer, shall
be stripped and stockpiled at least 5.0 metres from uncleared
areas and 10.0 metres from active quarry or stockpile areas. The
owner or operator shall ensure that the quantity of the topsoil is
not affected by dilution with other materials.
(h)
Termination and Site Rehabilitation - Upon completion of the
mineral working, the following work shall be carried out by the
operation:
i.
All buildings, machinery and equipment shall be removed.
ii.
All pit and quarry slopes shall be graded to slopes less
than 20 degrees or to the slope conforming to that existing
prior to the mineral working.
iii.
Topsoil and any organic materials shall be re-spread over
the entire quarried area and the area hydroseeded.
iv.
The access road to the working shall be ditched or barred
to the satisfaction or Council.
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11.6 Building Line, Route 230
11.6.1 The building line with respect to Route 230 shall be 150 metres,
measured from the centreline of Route 230.
11.7 Residential Accessory Buildings
11. 7 .1 The total of all accessory buildings associated with a residential use
shall have a lot coverage no greater than 6% up to a maximum of
80.0 square metres and no accessory building shall have a height of
more than 5.0 metres.
11.8 Remote Cabins
11.8.1
Remote cabins may only be considered in the areas around Loop
Pond, Second Pond, and Karens Pond subject to the following
conditions:
(a)
they are for development of a single lot that is not part of a
multi-lot subdivision of land;
(b)
buildings have a floor area not greater than 60.0 square metres
and a height not exceeding 1.5 storeys;
(c)
they are located no closer than 45.0 metres to any other remote
cabin;
(d) they are located at least 30.0 metres from the nearest
waterbody, stream, or river;
(e)
access shall be limited to existing trails that are not intended for,
nor passable or meant for use by automobiles;
(f)
the remote cabin shall not be serviced with electrical power; and
(g)
a permit has been obtained for the remote cabin from the Crown
Lands Division, Department of Fisheries, Forestry and
Agriculture.
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12 OPEN SPACE USE ZONE (OS)
12.1 Permitted Uses
12.1.1 The following main uses are permitted in the Open Space Use Zone,
subject to all applicable requirements of these Regulations:
Conservation
Parks, Playgrounds, and Walking Trails
12.2 Discretionary Uses
12.2.1 Council may consider the following main uses in the Open Space Use
Zone, subject to all applicable requirements of these Regulations and
the procedures for discretionary uses:
Cultural and Civic
Mineral Exploration
Wharves, Slipways, and Docks
12.3 Cultural and Civic Uses
12.3.1
The existing public park area in Lower Trinity shall continue to be
used for a public park and gathering place for community events such
as sports, festivals, and concerts.
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13 PROTECTED WATER SUPPLY USE ZONE (PW)
13.1 Permitted Uses
13.1.1 The following main uses are permitted in the Protected Water Supply
Use Zone, subject to all applicable requirements of these Regulations:
Conservation
Walking Trails
Watershed
13.2 Discretionary Uses
13.2.1 Council may consider the following main uses in the Protected Water
Supply Use Zone, subject to all applicable requirements of these
Regulations and the procedures for discretionary uses:
Forestry
Wharves, Slipways, and Docks
13.3 Forestry Use
13.3.1 Forestry use shall only be permitted where the use has been reviewed
and approved by the Water Resources Management Division,
Department of Environment and Climate Change.
13.4 Prohibited Uses
13.4.1 No permanent buildings or structures shall be permitted within this
use zone except those installed by the Town and necessary for the
preservation of the natural environment, scientific research, or the
operation and maintenance of the municipal public water supply.
13.5 Referral
13.5.1 All development within the Protected Water Supply Zone shall be
referred to the Water Resource Management Division for review and
approval under Section 39 of the Water Resources Act, 2002.
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14 SEASONAL RESIDENCE USE ZONE (SR)
14.1 Permitted Uses
14.1.1 The following main uses are permitted in the Seasonal Residential
Use Zone, subject to all applicable requirements of these Regulations:
Conservation
Parks and Walking Trails
Seasonal Residences
14.2 Discretionary Uses
14.2.1 Council may consider the following main uses in the Seasonal
Residential Use Zone, subject to all applicable requirements of these
Regulations and the procedures for discretionary uses:
Mineral Exploration
Wharves, Slipways, and Docks
14.3 Development Requirements
Standard
14.3.1 Except as otherwise permitted by these Regulations, Council shall not
issue a development permit for a use on a lot in the Seasonal
Residential (SR) Zone unless the following requirements are met:
Minimum lot frontage
30 m
Minimum side yard
5 m
Minimum rear yard
15 m
Maximum lot coverage
33%
Maximum building height
12 m
14.3.2 Water supply and sewage disposal in the Seasonal Residential Zone
shall be by well and on-site septic system approved by the
Government Service Centre.
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14.3.3 Lot Frontage - all lots shall front on a common access road,
constructed to standards approved by Council. The costs of
construction and maintenance shall be at the expense of the
developer.
14.3.4 Seasonal residential developments shall be subject to a Development
Agreement between the applicant and the Town.
14.3.5 Seasonal residential developments, whether part of a subdivision of
individual lots, or a development that includes grouped dwelling units
on a single lot, shall be planned so that the placement of dwellings on
a lot can capture a view, avoid blocking scenic views from adjacent
lots and buildings, prevent significant cut or fill due to topography, or
to preserve natural features such as waterways or stands of trees.
The placement of dwellings and accessory buildings for each lot will
be approved at the time of subdivision approval and be shown on a
site grading plan. Seasonal residential developments located at or
near a coastal shoreline shall not have dwellings or accessory
buildings located any closer than 30 metres from the top of a
shoreline embankment.
14.3.6 Seasonal residential developments shall provide public access to
coastal or freshwater shoreline beaches which may be used as part of
the open space requirement for the development.
14.3. 7 A right of way or access to a seasonal residential development shall:
(a)
be constructed to standards set by the Town at the expense of
the developer;
(b)
be maintained by the developer or owners of lots within the
development; and
(c)
where a public right of way, remain open to the public and shall
not be gated, or otherwise blocked so as to prevent the public
use of the right of way.
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15 DEFINITIONS
1. Access means a way used or intended to be used by vehicles, pedestrians, or
f
animals in order to go from street to adjacent or nearby land or to go from that land
Provincial
to the street.
Reg. 4(a)
2. Accessory Building means
a)
b)
c)
d)
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);
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;
For commercial uses, workshops or garages; and
For industrial uses, garages, offices, raised ramps and docks.
3. 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.
4. Act means the Urban and Rural Planning Act, 2000.
5. 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, but does not include Urban Agriculture uses.
6. Animal Care means the use of land, a building, or part thereof for the care of
domestic animals and may include pet grooming, pet daycares, and veterinarians
but shall not include overnight boarding.
7. Appeal Board means the appropriate Appeal Board established under the Act.
8. Applicant means a person who has applied to an Authority for an approval or
permit to carry out a development
9. Architectural Style means the classification of buildings according to their
appearance, structure, materials, and historic period.
Town of Trinity Development Regulations 2024 - 2034
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f
Provincial
Reg. 4(b)
~
Provincial
Reg. 4(c)
f
Provincial
Reg. 2(a)
~
Provincial
Reg. 2(b)
10. Artist's Studio means the use of land, a building, or part thereof for the sale of art,
sculpture, pottery, woodworking, jewelry, leather goods, hats, quilts, or similar craft
products by individuals engaged in their production.
11 . Bar or Lounge means a building licensed or proposed to be licensed under the
Liquor Control Act wherein meals and food may be served for consumption on the
premises and in which entertainment may be provided, including lounges,
nightclubs, and microbreweries or small-scale distilleries.
12. Building means1
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
d) An excavation of land whether or not that excavation is associated with the
intended or actual construction of a building or thing referred to in (a) to (c).
13. 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 of a mansard roof;
c) mean height level between the eave and the ridge of a gable, hip or gambrel
roof; and in any case, a building height shall not include mechanical
structure, smokestacks, steeples and purely ornamental structures above the
roof.
X
14. 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.
15. Business Office means the use of a building or part thereof for the purpose of
regularly conducting business, performing a service, or offering consultation, but
shall not include manufacturing or the selling of retail goods.
1 Section 2(c) Urban and Rural Planning Act, 2000
Town of Trinity Development Regulations 2024 - 2034
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f
Provincial
Reg. 2(d)
'??
Provincial
Reg. 2(d)
16. Campground means the use of land to accommodate the traveling public in
temporary structures or vehicles such as, but not limited to, tents, travel trailers, or
RVs, and may include accessory uses such as, but not limited to, staff
accommodations, recreational facilities, canteens, and shared laundry facilities.
17. Cemetery means land used for the purpose of properly burying, or containing in a
secure facility, human remains in accordance with legal, social, and public health
requirements. It may also include land used for the purpose of burying or containing
animal remains and may include accessory mausoleums or columbaria.
18. Character Defining Elements means any tangible or intangible feature that
expresses the heritage values associated with a historic place. This may include the
materials, forms, location, spatial configurations, uses, and cultural associations or
meanings that contribute to the heritage value of a historic place, and which must
be retained in order to preserve heritage value.
19. Childcare means a building or part of a building in which services and activities are
regularly provided to children of pre-school age during the full daytime, but does
not include a school.
20. Club and Lodge means the use of a building or part thereof for a meeting place for
members of an organization and may include a lodge, a legion, a fraternity or
sorority house, and a labour union hall.
21. Collector Street means a street that is intended to provide circulation between
neighbourhoods or from a neighbourhood to the wider transportation network.
22. Commercial Accommodations means the use of a building to provide overnight
accommodations to the travelling public and includes, but is not limited to, inns,
motels, hotels, guest houses, bed-and-breakfasts, tourist cabins, yurts, geodesic
domes, tourist cottages, and the rental of a dwelling for a period of 28 days or less.
23. Cultural and Civic means the use of land or a building for public or private
gathering spaces intended for cultural or civic purposes. This includes government
offices, courts, libraries, galleries, museums and interpretive or cultural centres, but
does not include police or emergency services.
24. Conservation means the use of land in such a way as to conserve and enhance its
natural or scenic resources, for the protection of features such as streams, water
supplies, flood plains and steep slopes.
25. 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.
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26. Corner Board means a vertical board on the external corner of a structure and
against which the ends of siding or cladding is fitted.
i
27. Cornice means a horizontal decorative moulding that crowns a building.
, ----- - - - -
I I _ _ _ _
_
_ _ _
I
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28. Development2 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) construction of a building;
d) parking of a trailer, or vehicle used for the sale of refreshments or
merchandise,· or as an office, or for living accommodation;
but excludes the
e) 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;
f)
carrying out by a highway Council of works required for the maintenance or
improvement of a road, being works carried out on land within the
boundaries of the road reservation;
g) carrying out by a local Council 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
h) 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.
29. 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.
30. Dormer means a protruding structure built out of a sloped roof.
2 Section 2(g) Urban and Rural Planning Act, 2000
~
Provincial
Reg. 4(1)
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31. Dwelling means a building or a part of a building occupied or capable of being
occupied as a home or residence by one or more persons, containing one or more
dwelling units, and shall include a modular home, mobile home, or mini home but
shall not include a commercial accommodation or recreational vehicle.
(a) Converted Dwelling means a single dwelling converted to
contain a greater number of dwelling units than the dwelling
contained prior to that conversion.
(b)
Double Dwelling means a dwelling divided horizontally or
vertically into two dwelling units, each of which has an
independent entrance either directly or through a common
vestibule.
(c)
Grouped Dwelling means two or more dwellings, each
containing one or more dwelling unit, located on a lot.
(d)
Multi-unit Dwelling means a dwelling containing three or more
dwelling units, but does not include a single dwelling converted
to contain a greater number of dwelling units than the dwelling
contained prior to that conversion.
(e)
Secondary Dwelling means a subservient dwelling either
located within a single dwelling or a double dwelling or in a
building on a lot with a single dwelling or double dwelling, and
for the purposes of the definition of other dwellings shall not be
counted towards the total number of dwellings in a building or
on a lot.
(f)
Single Dwelling means a dwelling containing one dwelling unit.
32. Dwelling Unit ("DU") means one or more habitable rooms within a dwelling
designed, occupied, or intended for use by one or more individuals as an
independent and separate housekeeping establishment in which cooking, sleeping,
and sanitary facilities are provided for the exclusive use of such individual or
individuals.
33. Eaves means the edges of the roof that overhang the face of a wall and, normally,
project beyond the side of a building.
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34. Engineer means a professional engineer employed or retained by the Council.
35. Erect means to build, construct, reconstruct, alter or relocate and without limiting
the generality of the foregoing, shall include any preliminary 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.
36. 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
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 of an artificial embankment or
entrenchment
37. Existing means legally existing as of the effective date of these Regulations, unless
otherwise noted.
38. Floor Area means the total area of all floors in a building measured to the outside
face of exterior walls.
39. Forestry means commercial silviculture and the production of timber or pulp and
uses associated with a forestry use, including sawmills, vehicle and equipment
storage, and maintenance buildings and yards.
40. Funeral Home means a building used for the preparation, temporary display,
and/or funeral ceremony of deceased persons and may include a crematorium.
41. Garage means a building erected for the storage of motor vehicles as an ancillary
use to a main building on the lot.
42. General Assembly means the use of land or buildings for private gathering spaces
intended for entertainment or recreational purposes. This includes auditoriums,
bowling alleys, halls, and gymnasiums, but does not include cultural and civic uses.
43. General Industry means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, packing, canning,
preparing, breaking up, demolishing, or treating any article, commodity, or
substance. "Industry" shall be construed accordingly.
"??
Provincial
Reg. 4(f)
~
Provincial
Reg. 4(h)
Town of Trinity Development Regulations 2024 - 2034
87
44. General Services means a use involved with the provision of a general service for
monetary gain such as non-hazardous dry cleaners, laundromats, and appliance
repairs.
45. Height means building height or, where the structure is not a building or has no
roof, means the vertical distance measured from established grade to the highest
point on the structure.
46. Historic Building means a building that was constructed in Trinity's Historic Area
Zone prior to Confederation (1949).
47. Home-based Business means an accessory use of a dwelling and/or accessory
building for gainful employment involving the provision or sale of goods and/or
services.
48. Home Office means a secondary use of a dwelling unit by at least one of the
residents of such dwelling unit to conduct a gainful occupation or business activity.
49. Inspector means any person appointed and engaged as an Inspector by Council or
by any federal or provincial authority or the agent thereof.
50. 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.3
51. 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.
52. Livestock means domestic animals such as cattle, poultry or horses raised for
home use or for profit. For the purposes of Urban Agriculture "small livestock"
means chickens, ducks, rabbits, geese, guinea fowl, and other livestock of similar
size, waste production, and temperament.
53. Local Street means a street designed primarily to provide access to adjoining land
and which is not designated as a collector street or arterial street in the Municipal
Plan, or on the Zoning Map.
~
Provincial
54. Lot means a plot, tract, or parcel of land which can be considered as a unit of land
Reg. 4UJ
for a particular use or building.
55. Lot Area means the total horizontal area within the lines of the lot.
3 Section 2(i) Urban and Rural Planning Act, 2000
Town ofTrinity Development Regulations 2024 - 2034
88
'?;
Provincial
Reg. 4(k)
56. 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 of A + Area of B / Lot area
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57. Lot Line means an outer boundary for a specific lot.
(a)
Flanking Lot Line means a lot line which is not the front lot line
and abuts a street.
(b)
Front Lot Line means the line dividing a lot from the street. For
a lot with multiple lot lines abutting a street, the shorter lot line
adjacent to the street shall be deemed the front lot line and the
longer lot line(s) abutting the street shall be deemed the flanking
lot line(s).
(c)
Rear Lot Line means the lot line farthest from and closest to
parallel with the front lot line.
{d)
Side Lot Line means any lot line that is not a front, rear, or
flanking lot line.
58. Lot Frontage means the horizontal distance between side lot lines measured at the
building line (the distance between points A and B in illustration below) .
. ··············+ ......... ·· mar IOI line
-······----·· · - --·-·
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---"-
building lino
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Provincial
Reg. 4(1)
Town of Trinity Development Regulations 2024 - 2034
89
59. Main Building means any building or buildings in which is carried on the principal
purpose for which the lot is used.
60. Marina means a dock or basin together with associated facilities where slips,
moorings, supplies, repairs, and other services that are typically available for boats
and other watercraft, including storage, sales, and rentals, together with a club
house and catering facilities.
61. Market means a building or approved vending site either indoor or outdoor where
individual vendors operating from stalls, booths or other defined areas offer for sale
food or goods items such as fresh fruit and vegetables, meat, fish and eggs, garden
plants, baked foodstuffs, handicrafts, and second-hand goods.
62. Medical Clinic means a building used for medical, dental, surgical, or therapeutic
treatment of human patients, including consultation rooms, treatment centres, and
harm reduction facilities. This does not include overnight facilities.
63. Mineral Exploration (Development) means the search for and sampling of
minerals or quarry materials where the activity or activities involved meet the
definition of "development" under the Urban and Rural Planning Act. "Mineral" and
"quarry material" for the purpose of interpreting the definition of mineral exploration
(development) are as defined in the provincial Mineral Act and Quarry Materials Act,
1998, respectively. Mineral exploration does not include mining or mineral working
(e.g., quarrying). Activities which meet the definition of mineral exploration
(development) are to be contrasted with mineral exploration {development) are to be
contrasted with mineral exploration activities that do not meet the definition of
development, examples of which include traditional prospecting, geochemical
sampling surveys (of rock, soil, sediment, water, or vegetation), ground-based and
airborne geophysical surveys, and the cutting of survey lines.
64. Mineral Working means land or buildings used for the working or extraction of any
naturally occurring substance, including a pit or quarry. An operation consisting of
one or more of the following activities: the digging for, excavation, and removal of
quarry materials (i.e., quarrying)(may involve blasting), the removal of quarry
materials previously excavated, the removal of quarry materials, the processing of
quarry materials (e.g., crushing, screening, washing), the production of civil
construction materials which use quarry materials in their natural form (e.g., asphalt,
concrete), the re-processing of quarry materials including from reclaimed civil
construction materials (e.g., reclaimed asphalt, concrete), the production of soil by
blending organic materials with quarry materials, or the treatment or remediation of
soil. "Quarry material" for the purpose of interpreting the definition of mineral
working is as defined in the provincial Quarry Materials Act, 1998. Mineral working
does not include mining but may include exploration (development) as a secondary
activity. Mineral working does not include the excavation and removal of quarry
materials as a by-product of an approved development.
Town ofTrinity Development Regulations 2024 - 2034
90
65. Mining means an operation involving the extraction of mineral for sale and for
.!z.
which a mining lease is required under the provincial Mineral Act administered by
7? .
the Department of Industry, Energy and Technology. "Mineral" for the purpose of
::~vi~(~;
interpreting the definition of mining is as defined under the Mineral Act. Mining may
include, as secondary activities, mineral exploration (development) and mineral
working. Note that under the Mineral Act dimension stone (i.e., stone used for
building facades, gravestones, etc.) is considered a mineral in Newfoundland but a
quarry material in Labrador.
66. Muntin means horizontal and vertical elements that divide a single window into a
grid.
"
67. Mullion means a vertical element between window units.
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68. 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.
69. 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.
70. Owner means a person or an organization of persons owning or having the legal
right to Provincial use the land under consideration.
"'fl?
Provincial
Reg. 4(n)
Town of Trinity Development Regulations 2024 - 2034
91
71. Pediment means a decorative moulding, often in a triangular shape, above a
window or door.
ffi
72. Permitted Use means a use that is listed within the permitted use classes set out in f
the use zone tables of an Authority's development regulations.
Provincial
73. Parks, Playgrounds, and Walking Trails 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.
7 4. Personal Service Use means the use of land, a building, or part thereof for the
provision of services intended to attend to the care and needs of the person and
may include, but is not limited to, salons, barbers, tattoo shops, tailors, coblers, and
dry cleaning drop-off counters.
75. Place of Worship means a place dedicated to religious worship and may include,
but is not limited to, halls or auditoriums for religious gathering, accessory office
space for administrators, day nurseries operated for patrons, and classroom space
for religious instruction.
Reg. 4(o)
~
76. Prohibited Use means a use that is not listed in a use zone within the permitted
Provincial
use classes or discretionary use classes or a use that an Authority specifies as not
Reg. 4(Pl
permitted within a use zone.
77. 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.
78. Remote Cabin means a building meant for seasonal habitation located in areas not
accessible via publicly maintained streets.
79. Residential Care Facility means a use or building designed for people seeking
assisted home care by the content and layout of the structure (size, number of
bedrooms, shared kitchens, etc.), provisions for common dining facilities, recreation
areas, lounges, libraries, respite units, and the accessibility of all units and facilities
for persons living with disabilities.
Town ofTrinity Development Regulations 2024 - 2034
92
80. 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.
81. Roof
(a}
Hipped Roof is a roof is a roof with single slopes on all sides.
(b}
Mansard Roof is a two or four-sided, double sloped roof with a
very steep lower slope and a flat (or near flat} upper slope.
(c}
Gable Roof is a two-sided, sloping roof with a single ridge and
gables at either end.
(d}
Flat Roof is a roof with little or no slope.
(e}
Gambrel Roof is a two sided, double sloping roof.
82. 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.
83. Seasonal Residence means a single dwelling used for recreation purposes that is
not used for continuous habitation or as a permanent residence.
84. 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.
85. 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.
Town of Trinity Development Regulations 2024 - 2034
93
86. 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.
(a) Canopy/Awning Sign means a
sign that has a structure of rigid
or non-rigid material on a
framework sheltering an area or
forming a sheltered walk.
(b)
Wall Sign mean a sign attached
directly to a building wall, where
the sign face is parallel to the
wall of the building to which it
is attached.
(c)
Ground Sign means a sign
supported by one or more
uprights, placed permanently
in the ground.
(d)
Mural Sign means a large
image, such as a painting or
enlarged photograph, applied
directly to a wall or ceiling.
(e)
Projecting/Hanging Sign means
any sign that is wholly or partly
dependent upon a building for
support and projects from the
wall or face of a building or
structure.
Town ofTrinity Development Regulations 2024 - 2034
94
87. 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.
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88. Solar Collector System means a structure or array of structures, and ancillary
equipment, designed to collect solar radiation and convert it to useable forms of
energy. Without restricting the generality of this definition, solar collector system
may include evacuated tubes, flat plate collectors, concentrating mirrors, and
building-integrated photovoltaic materials but does not include windows or
greenhouses.
89. 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.
-1!;
Provincial
Reg. 4(t)
90. Street Line means the edge of a street reservation as defined by the Council having ~
jurisdiction.
77 .
1
Prov1nc1a
91. Street Right-of-Way means a strip of land between the street lines, acquired by
reservation, dedication, or forced dedication intended to be occupied or occupied
by a public street, road, or highway.
-~-
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+---sueet rl9ht-0J,way--
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street lint!
street line
Town of Trinity Development Regulations 2024 - 2034
Reg. 4(u)
95
92. Storey means the entire floor or level of a building having a continuous or nearly
continuous floor.
~ -----7--'h Stor-J
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93. Structure means anything that is erected, built, or constructed of parts joined
together or any such erection fixed to or supported by the soil or by any other
structure, including buildings, walls, signs, and fences.
94. Subdivision means the dividing of land, whether in single or joint ownership, into
two or more pieces for the purpose of development.4
95. Urban Agriculture Use means the use of a structure or land for the keeping of
bees as an accessory use; the keeping of small livestock as an accessory use; or
the domestic breeding, planting, cultivation or harvesting of plants such as
vegetables, fruits, herbs, sprouts and flowers.
96. Use means a building or activity situated on a lot or a development permitted on a
lot.
97. 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.
98. 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.
i
Provincial
Reg. 4(v)
-Ji;
Provincial
Reg. 4(w)
99. Variance means a departure, to a maximum of 10% from the yard, area, lot
f
coverage, setback, size, height, frontage or any other numeric requirement of the
Provincial
applicable Use Table of the Authority's regulations.
Reg. 4(x)
100.
Watercourse means any lake, pond, river, stream, or other body of water.
- Section 2(q) Urban and Rural Planning Act 2000
Town ofTrinity Development Regulations 2024 - 2034
96
101.
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.
102.
Yard means an open uncovered space on a lot appurtenant to a building
(except a court) and unoccupied by buildings or structures except as specifically
permitted elsewhere in these Regulations.
(a) Rear Yard means the distance between the rear lot line and the
rear wall of the main building on a lot.
~
Provincial
Reg. 4(r)
(b)
Front Yard means the distance between the front lot line of a lot f
and the front wall of the main building on the lot.
Provincial
(c)
Reg. 4(s}
Flanking Yard means the side yard of a corner lot bounded by
the street.
(d)
Side Yard means the distance between the side lot line and the f
nearest side wall of a building on the lot.
Provincial
(e)
Abutting Yard means the yard of an abutting lot which shares a Reg.
4(zl
lot line of subject property.
A
~ Front Yard
B : Rfflr Yanl
C -Sidt Yard
D = Franking Yarcl
E - Bulldablt Arm
F = ~butting li'Jrd
··-·-.,.
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103.
Zoning Map means the map or maps attached to and forming a part of the
Authority's regulations.
Town ofTrinity Development Regulations 2024 - 2034
97
16 SCHEDULES AND APPENDICES
16.1 Applicability of Schedules and Appendices
16.1.1 Schedules form part of these Regulations and require an amendment
to these Regulations if they are to be changed. Appendices are for
information purposes and may be replaced or updated without
amending these Regulations.
Schedule 'A' Plan Area
Schedule 'B' Zoning Maps
Schedule 'C' Slope Map
Appendix 'A' Provincial Development Regulations
Town ofTrinity Development Regulations 2024 - 2034
98
Trinity Plan Area
SCHEDULE
A
SCALE
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1.000m
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MINISTER
\.lwu,1pal Pl1aiAmcn;imcnt
REGISTERED
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LAST UPOA1ED
2024. 10.07
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MTMI
DATA SOURCE
CanVec, Gov't of NtJd.
Town of Trirq
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LEGEND
L I Trinity Municipal Bounda,y
Plan area
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