Twillingate, Newfoundland and Labrador
· adopted 2021-10-15
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Town of Twillingate
Development Regulations
Effective
MONTH DAY, YEAR
With Amendments To
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Credits
This Plan was init ially prepared by
UPLAND Planning and Design and the
Town of Twillingate.
All rights reserved, 2020.
This page has been intentionally left blank.
Urban and Rural Planning Act, 2000
Resolution to Adopt
Town of Twillingate Development Regulations
2021
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the
Town Council of Twillingate adopts the Town of Twillingate Development
Regulations 2021.
Adopted by the Town Council of Twillingate on the 10th day of May, 2021.
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Signed and sealed this
day of, ,Av~ s-t
I 2021.
Mayor: c::_,~--
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Canadian Institute of Planners Certification
I certify that the attached Development Regulations have been prepared in
accordance with the requirements of the Urban and Rural Planning Act, 2000.
I. Watson, M.C.I.P.
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Urban and Rural Planning Act, 2000
Resolution to Approve
Town of Twillingate Development Regulations
2021
Under the authority of section 16, section 17 and section 18 of the Urban and
Rural Planning Act, 2000, the Town Council of Twillingate
a) adopted the Town of Twillingate Development Regulations 2021 on the 10th
day of May, 2021.
b) gave notice of the adoption of the Town of Twillingate Development
Regulations by advertisement, inserted on the 15th day of June, 2021 on the
Town website, Plan Review Project website, and Town Facebook page due to
a lack of locally-circulating newspaper and as approved by the Department.
c) set the 19th day of July at 4:30 p.m. as the deadline for written submissions in
lieu of an in-person Public Hearing, in compliance with the Circular to
Municipalities and Planning Consultants regarding the COVID-19 pandemic
protocols.
Now under the authority of section 23 of the Urban and Rural Planning Act, 2000,
the Town Council of Twillingate approves the Twillingate Development
Regulations 2021 as adopted
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SIGNED AND SEALED this day of, ,Av~-;--r,
Mayor ~~
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Canadian Institute of Planners Certification
I certify that the attached Town of Twillingate Development Regulations 2021 has
been prepared in accordance with the requirements of the Urban and Rural
Planning Act, 2000.
MCIP/ FCIP:
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Contents
1.
TITLE, PURPOSE, AND SCOPE .................................................................................................. 1
1.1.
SHORT T ITLE ........ ... ....... .. .. .. ................. .. ....................... .. ........ .... .............. ... ...... ............ ... ........ ........ 1
1.2.
INTERPRETATION .......... ... .. .. ... ... ...... ..... .... ........................................ ..... .......... .. ......... ........... .. .......... .. 1
1.3.
COMMENCEMENT ....... ............... ... ... .... .............. .. .. .... ...... ...... .. ..... .... ............... .... ....... ... ... ....... .. .......... 1
1.4.
PLANNING A REA ············· ···· ····· ··········· ····· ··· ··· ·· ····· ···· ··············· ······················· ···· ··· ······· ··· ·· ··· ·· ············ l
1.5.
M UNICIPAL C ODE AND REGULATIONS ......... .. .............................. ... ..... ...................... .... ..... .... .. ... .. .......... 2
1.6.
D ELEGATION OF COUNCIL·· ·· ············ ·· ··· ·· ·· ··· ··· ············ ······ ·· ·· ·· ··· ········ ···· ··· ···· ···· ······ ····· ····· ······ ···· ········· 2
1. 7.
PROVINCIAL D EVELOPMENT REGULATIONS ... ..... ..... ... ............................... ........ .... ... ....... ..... ....... .. ............ 3
1.8.
REPEAL OF REGULATIONS ..... .. ...... .. .................. .. ................ ................... .... .. ... ....... ... .. .. ... ............ ........ .. 3
1. 9.
SEVERABILITY .................. .... .... .... .... ... ............. ......... .... .. ..................... ...... ....... ...... .. ......... .... ........ .... .. 3
2.
ADMINISTRATION ................................................................................................................... 4
2.1 .
PERMIT REQUIRED .......... .. .. .. ................... ........... .. .. ........ .. .. ...... ........... .... ............................. .... ......... . 4
2.2.
DECISIONS OF COUNCIL ... ........ .. .. .. .. ....... ............... ...... ...................... ....... .... ... .... ... .. .. ........ .... ... .... ...... 4
2.3.
PERMITTOBE ISSUED ... ... .. ....................... .... ...... .... ........ .... ... .... ........ ....... ............ ............... .... .... .. ....... 4
2.4.
PERMIT N OT TO BE ISSUED IN CERTAIN CASES ...... ....... .................... .......... .. ..... .. ..... .... ........... ... .. .. ............ .5
2.5.
N O D EVELOPMENT PERMIT REQUIRED ....... ..................... ... ...... .. .... .................................. .... .. .... ... . ... ....... 6
2.6.
APPLICATION REQUIREMENTS ....... ........ .......... .. ............ ........ .. ...... ........... .......... ........ ........ .. .. ................ 7
2.7.
D EVELOPMENT PERMIT FOR T EMPORARY USES .. ...... ................. .... .. .... ........... ........ ... ...... .. ........................ 9
2.8.
REGISTER OF A PPLICATION .... ...... ..... .... ... ............................. .. .... ....................... ................................... 9
2.9.
T IME PERIOD FOR APPROVAL ... ........ ..... .. ............... ..... ....... ....... .. ...... ............ ....... .. .. .. ... ....... ................. 9
2.10.
D EFERMENT OF APPLICATION ..... ... ...... .. ........... ..... .. .......... .. .. ... ..... .. ..................... ... .... .. .... ... .. .. .. .... .. .... 10
2. 11 .
APPROVAL IN PRINCIPLE ........ .. .. ........ ... ............... ... ..... ... .... .. .. .. ..... .. ... ..... .... ... ..... .. . ........... ... ............... 10
2.12.
A PPROVAL ... .. ... ..... .. .. ..................... ... ............ ........... .. ........................... ..... ... .. ..... .. ...... ......... .......... 11
2.13.
REVOCATION OF PERMIT .............. .............. .. ..... ............. ... ..................... .... ... ..... ... . ···· ······· .. ······ .. ····· ··· l 2
2.1 4.
PUBLIC NOTICE ... .............. .. .. .. ... ...... .. .. .. ..... .. ................. .......................... .... ... .... ..... .. ..... .. .... ............ 12
2.1 5.
RIGHT OF ENTRY . .......... .... .... ..... .................................. ....... ....... .. ..................... .. ... ................. .. ........ 13
2.16.
RESTORATION TO A SAFE CONDITION ....... .. ............ .. .......... ... .. .................. .. .. ...... .............. ......... ... ........ 13
2 .17.
EXISTING STRUCTURES AND U SES ................ .... .. . ... .. .... .... ............ ..... ...... ...... .. .. ......... ........... ... ..... ......... 13
2.18.
STOP W ORK ORDER AND PROSECUTION ....................... .. ............................. ................................ ...... .... 14
2.19.
SERVICE LEVY··························· ········· ······· ······· ···· ········ ···· ··· ····· ···· ·· ···· ·· ···· · ···· ······ ·· ··· ····· ··· ·· ··· ··· ··· ··· ·· .14
2.20.
FINANCIAL G UARANTEES BY D EVELOPER .... .. ....... ................. ..................... ...... ............. .. .. ..................... .. 15
2.21.
D EDICATION OF LAND FOR PUBLIC U SE ........ ... .. ..... ............. ..... .... .. .. ........ ... .... ... .. ........ .. ........ .. ........ .. ... . 15
2.22.
REINSTATEMENT OF LAND ... ...... ...... ...... ... ... ......... .. ...... .. ........ ............. .......... ..... .... .... ....... .. .. .. .......... .. 16
2.23.
N OTICE OF RIGHT TO APPEAL······ ··· ·· ··· ······ · ....................... ........ .. . ···· ···· ···· ····· ············· ·· ... .. ··· ··· ··· ········· l 6
2.24.
APPEAL REQUIREMENTS .. .... .... .... ..... ................. .... .... .... ..... ........ ...... .... ... ... ......... ............. ... ............ 16
2.25.
APPEAL REGISTRATION··· ··············· .. ... ..... ............... .... ... ..... ............. .... ... .... ............ .. .......... ....... .. ..... .. l 7
2.26.
D EVELOPMENT PROHIBITED········ ···· ···· ···· ··· ····· ··· ·· ·· ·· ······· ··· .. · ·· ······ .. ·· ···· ···· ········ ·········· ··············· ·········· l 8
2.27.
HEARING N OTICE AND M EETINGS .. ............. ........ ................ .. . ... ... .. .. .......... .. ........ ... .... ....... ... ...... ... ........ 18
2.28.
H EARING OF EVIDENCE ... .... .. .. ...... .. .. ....... .. .. ............ .... ....... .. ... .... ... ................. ... ... ... ..... ... ... ...... .. ....... 18
2.29.
BOARD DECISION ··········· ··· ··· ·· ··· ·· ··· ······ ···· · .. .... ... ········· ·· ····· ···· ····· · ...... .... ................ ··· ··· .. ......... .......... l 9
2.30.
VARIANCES .................... .... ....... ............ ... ............................. .... .. .... .. ... ......... ..... .......... ..................... 19
2.31.
NOTICE OF V ARIANCE ..................... .... .... .......... .... .. ··· ······· ············ ······· ······ ··· ··· ···· ······· ···· ···· ··· ············· l 9
3.
GENERAL PROVISIONS ........................................................................................................... 20
3.1.
APPLICATION OF G ENERAL PROVISIONS .................................. .. ..... ..... .. ......... .... .. .. .. ......... ... ... .... .......... 20
3.2.
ACCESS AND SERVICE STREETS .. .. ...... .... ... .. .. .... ..... ....... ..... ... ....... .......... .... .... ............. ... ............... ....... 20
3.3.
ACCESSORY B UILDINGS .............. ............... ... ... ... .... ........................ ........ ... .. .. .... .. ... .. .. .. .... .. .... ... ......... 20
3.4.
ACCESSORY U SES ................. ....... ..... .................... ........ ....... ........ .... ................... ......... ...... ............... . 21
3.5.
A LTERATIONS TO THE N ATURAL ENVIRONMENT ........................... .... .. .... .......... .. ............ ........ ............ ...... 22
3.6.
A RCHAEOLOGICAL ASSESSMENT ... ..... .. .. .................................. .. .... ..... .... ............ .. ........................ ....... . 22
3.7.
B UFFERS ..................... ..... ................ .. ...... ... .. .. ................... ...... ...... .... .... ....... ..... .. .......... ..... .. .. ... .. .... 23
3.8.
B UILDING ACCESSIBILITY .............. .... .... ..... ... ....... ........... ..................................................................... 23
3.9.
B UILDING H EIGHT ················································································-·············································23
3.10.
B UILDING LINES AND FENCES AND SIGNS .. ... ... ................ ....... .. .. .. .. ... .. ... ........... ........ ......... ..... .... .... ....... 24
3.1 1.
C ORNER LOT SIGHT TRIANGLE ····················· ···· ······· ···· ········ ··· · ·· ·· ·· · .. ····················································25
3 .12.
C OAST AL A CCESS ............. ........ .. .... ..-. .......... .. .. ... . ... .. ... ........ ............ ........ ... .. ...... ..... .. . ......... .... .... .. ... 25
3.13.
EXTERIOR LIGHTING ... .................. ........................ .. .......... .. ......................... .. ................. ... ... .. ..... .... ... 25
3.14.
FLAG LOTS/ BACKLOT DEVELOPMENT.. ........... .... ...... ............ .. .... .... .. .. ..... .............. ... .. ........... ............... 25
3.15.
H ERITAGE PROPERTIES ........ .. .. ...... .................... ..... ............ ............. ........ ... ...... ............. .. .. .. ... ... ......... 26
3.16.
H UMAN H ABITATION OF VEHICL ES ..... .... ................. ............................ .................... ...... ...... .... .... .......... 27
3.17.
LOT AREA .................. .................... .. ...... .. ... .. ......... .. .................. ........................ .... ........ .... ........... .. 28
3 .18.
LOT ACCESS TO ROAD ............. .. ... ........................... .. ......... ........ .......................... ....... .................... . 28
3.19.
EXISTING U NDERSIZED LOTS ..... ... ........ .. ...... ......... ......................... ....................... ................ .... .... ... ... 28
3.20.
L ANDSCAPING AND SCREENING .. ... ............................................. ............... ......... ......... ... .. .. .... .... .......... 29
3.21.
MINOR FRONT AND FLANKING YARD PROJECTIONS ... .. ........ ................... ... ..................... .. ... .. ............. ...... 29
3.22.
MULTIPLE MAIN B UILDINGS .......... .... ...... .. ... ... ... .. ......................... ...................... ...................... ..... ..... 30
3.23.
MULTIPLE MAIN USES .................. ........ .... ........ .... ................................................ ........ .. .. ... ... .. ... ....... 30
3.24.
T ELECOMMUNICATIONS STRUCTURES AND ANTENNAS ......... ....... .. .................. .... .... .... ........ .... .................. 30
3 .25.
N ON-CONFORMING U SES .. ................... .. ...... .. .. ..... ... .... ..... ....... .. ... ... ....... .... .... .... .... ..... ... .................... 31
3.26.
RESIDENTIAL NON CONFORMITY .......... ...... .. ... ......... ..... ........ .... ..... ... ........... ....... ... ........... .. .......... ....... 32
3.27.
NOTICE AND HEARINGS ON CHANGE OR U SE .... .. ................ ...... .......... ................ ... ... ........ ....................... 32
3.28.
NON-CONFORMANCE WITH STANDARDS ........ .. .... .. .. .. ...... . .. ... ..... ..... .. ..... ............... .. ..... ...... ........ .. ......... 32
3.29.
DISCONTINUANCE OF N ON-CONFORMING STANDARDS ............................................... ... .......... ........ ..... ... . 32
3.30.
OFFENSIVE AND D ANGEROUS U SES .. ............... .................................. .. ................ .. .... ..... ............... .... .. .. 33
3.31 .
PROTECTION OF C OMMUNITY T RAILS AND FOOTPATHS ............. .. .................. ............ ........................... ..... 33
3.32.
SERVICING ................... .... ... ... .. ....... ........ ...... ...... .... .. ... ..... .. . ... .. .... .... ... ....... ....... .. .... ...... .. .. .......... ..... 33
3.33.
SOIL REMOVAL, DEPOSIT, AND SITE GRADING ... ...................... .... .... .... ........... .. ............... .... ...... .... .... .. ... 34
3.34.
STREET CONSTRUCTION STANDARDS .... ....... ....... ........................ ... .. ... .... .... .... .. .................. .. ... ....... ... .... 35
3.35.
U NSUBDIVIDED L AND ······························································· ··· ········ ··· .. .. ... ...... ...... ... ... ... ... .. .... ....... 35
3.36.
WETLAND, W ATERCOURSE, AND COASTAL SETBACK ..................... .............. .......... ..... .. .. .. .. .. .. .. .... ........ .... 36
4.
USE SPECIFIC REQUIREMENTS ............................................................................................... 37
4.1 .
B EDAND B REAKFAST ........ ............. .. .. .. ..................... .. .. .. ... ... ......... ............ ...... ......... .......................... 37
4.2.
CHILD CARE ........... .. .. ................... .... ... .... ......... .... ......... ... ..... ............. ..... ........ .... ..... ...... .. ............. .. 37
4.3.
C OMMUNITY G ARDENS ..... ... ...... ··············· ·· ·· .... ... ....-....... ... ..... .... ............ ... .. .. ... ..... ......... .... ............... 38
4.4.
CONVERSION OF EXISTING D WELLINGS ................ ... ............. .. .... .. .... ... .... ... ...... .. .. .. .. ................ .... .... ....... 38
4.5.
ELECTRIC VEHICLE CHARGING ........................ ...... .. ... ...... ............ ............. .... ..... ....... . ..... ........ .............. 38
4.6.
FARM, FISH, AND FOREST STALLS ...... ................. ... ............ ...... ...... .... .......... .. ........................ .. ...... .. ..... 38
4.7.
H OME-BASED BUSINESSES ... ..... ......... .... ........... .... ............... .... ................ ......... .... ................ ............... 39
4 .8.
M INERAL EXPLORATION ...................... ...... .... .... .. ...... ........ ............. ..... .. ...... .... .. ..... .. ......... .. ...... . ... ..... 40
4. 9.
OUTDOOR STORAGE AND DISPLAY ........... .. .. .......... ........ ... ........ ... ... .... ... .... .... ..-.. .. .. ..-.. -. .... ... .... -... ...... 40
4.10.
PARKS, RECREATION U SES AND C ONSERVATION U SES .... ......................... .......... .. ......................... .... .... -41
4.11.
RESIDENTIAL FACILITIES ............... ........... .. ................. .. ................................ ... .... .... ..... .. .... .. ............... .41
4.12.
SERVICE STATIONS ................... .. ......... .. ..... ... ... ........... ......... .. .. ............... ...... .. .... .. ... ...... ......... .... ...... 42
4 .13.
SOLAR C OLLECTOR SYSTEMS ..... ................ .. .. ............ .... ............... ................... .... ... .... .... .......... .. .. ...... 4 2
4.14.
SPECIAL CARE U SES .................... .... ......................... .... ...... ............ ... ......... .. ...... ...... .... ....... .. ........ 42
4.15.
URBAN AGRICULTURE ....... .... .... .... .... .... .... .............. ...... ..... .. ......................... .. .. .. . .. .. ..... ... .... ... .. ...... ... 43
4.16.
U TILITIES ... ............. .... ..... ... ........... ........ .... ........................ ............. .. ............................... ....... .... .... 44
4.17.
VACATION RENTALS .. ... .............. ...................................... .... ........ .. .... .. .................... ........ .... ..... ...... .. 44
4.18.
W HARVES, SLIPWAYS, D OCKS, AND STAGES ................................. ..... ........ .................................. .. .. ...... 45
4.19.
W IND TURBINES .......... ... . .... .... ................................. ... ... ... ... ... ............... ............. .... ..... .. ...... ............ 46
5.
PARKING ................................................................................................................................. 47
5.1 .
OFF STREET PARKING REQUIREMENTS ........... ....... ........................ ... ...... ... ... ....... ............................. ...... 47
5.2.
UNSPECIFIED PARKING STANDARDS ......... .. ....... ................ ........ .. ................................. ..... ....... .... ..... .... 47
5.3.
RESIDENTIAL OFF-STREET PARKING .. .............. ..... .... ...... ............... ............ ....... ..... ........ .. ........ .... ... ....... 48
5.4.
AUTOMOBILE PARKING SPACE AND LOT STANDARDS ..... .... ..... .... ........................................ ... ...... ............ 48
5.5.
OFF-SITE AND SHARED PARKING .. ... ................ ........... .. .. .. .. .. ............ ...... ........ ... ......... .. ........ .... ........... 49
5.6.
MINIMUM N UMBER OF B ICYCLE PARKING SPACES .. .. ......... .. .. ....... ................... ....... ........... .. ..... .. ..... ......... 49
6.
SIGNAGE ................................................................................................................................. 50
6.1.
PERMIT REQUIRED ..... .. .............. ....... ...... ......... ............. ..... ......... ..................... ........ ...... ... ...... ..... ..... 50
6.2.
GENERAL ... ...... ............ .......................... ........ ................ ...... ....... ............ ......... ... ... ... .... . ·· ··············· 50
6.3.
REMOVAL OF SIGNS ..................... ...... ...... .... ........ ................... .. ·· ··· ··········· ···· ···· ········ ·· ... ...... .. ···· ······· 50
6.4.
SIGN MAINTENANCE & ABANDONED SIGNS .... ... .................. ............. ..... ..... .. .. ... ...................................... 51
6.5.
EXEMPT SIGNAGE ........... .......................... ....... .... ..... ..... ............... ............ ..... .. .... .......... .................... 51
6.6.
SIGNS PROHIBITED IN ALL ZONES .............. .. ...... ..... .... .. .. ........ ...................... .... .... ... ............ .................. 53
6. 7.
APPROVAL SUBJECT TO CONDITIONS ........ ...... ......... .... .... ... ... .... .... ............ ... .... .... ...... ..... .... ... ......... ... ... 53
6.8.
SIGNS FOR N ON-CONFORMING USES ...... ....... ... .. ................ .......... ........ ... ... ................. .................. ........ 53
6.9.
ON-SITE SIGNAGE REQUIREMENTS ................................... .. ..... ... .. .. .. ... .. ........ ... .. ....... ........ .... .. ........... ... 54
6 .10.
OFF-SITE SIGNAGE REQUIREMENTS .. .... .... ..... ....... ............ .... .................. ........ .. ....... .......... .... ................. 55
7.
SUBDIVISION .......................................................................................................................... 56
7 .1.
GENERAL .............................. .. ..................... ............................ ... .......... .... .... ............ ....... ...... ... ... .... 56
7 .2.
DEVELOPMENT AGREEMENT ........... ........... .................. ..... ............-.... ... ... ..... ...... ... ... .. ........ .. ..... ..... ...... 56
7.3.
SERVICES TO BE PROVIDED .... ... .. ..................................................................... ........... .. ... ... ..... ....... ...... 56
7.4.
PAYMENT OF SERVICE LEVIES AND OTHER CHARGES ............................. ................... .. .. ......... .... .... ... .. .. ...... 57
7.5.
ISSUE OF PERMIT SUBJECT TO CONSIDERATIONS ................ .. .. .. ........... ........... .. ..... ... ... ....... ... .. .... ........ ...... 57
7.6.
BUILDING PERMIT REQUIRED ......... .. ..... ..... ......... .... ............................................. ...... ...... .... .... ...... ....... 58
7.7.
FORM OF APPLICATION ........ ... ..... ... ... ... .... ... .... .. .. ...... ........ ..... ........ .. ...... ............... ... .... .... .... ......... ..... 58
7 .8.
SUBDIVISION SUBJECT TO ZONING .. ........ ....................... .... .............. ................ .............. .... .... ................ 58
7. 9.
LAND FOR PUBLIC OPEN SPACE ...................................................................... .. ........................... ... ...... 58
7 .10.
STRUCTURE IN STREET RESERVATION ............... .... ........ ... ................... .... ....... .... .... ................................. 61
7 .11.
SUBDIVISION DESIGN STANDARDS ........... .... .... .................................. ............... ................ ....... .......... .... 61
7 .12.
NEW FLAG LOTS .... ...... .. .................................... .... .. ........... ......... ... ....................... .......................... 62
7 .13.
DEAD-END STREETS ..... .... .............................. ... ..... ........... ............ ..... .............. ............. ... .. .... .. .......... 63
7.14.
ENGINEER TO D ESIGN W ORKS AND CERTIFY CONSTRUCTION LAYOUT .... .. .... ... ... .. ... ..... .. ..... ............... ... ..... . 64
7 .15.
DEVELOPER TO PAY ENGINEER'S FEES AND CHARGES ................. ........ ................. .. .......... .. ....................... 64
7 .16.
STREET W ORKS MAY BE DEFERRED ............................... .... ..... ... ... ....... .. ................................. .... .... .. ..... 65
7 .17.
TRANSFER OF STREETS AND UTILITIES TO THE TOWN ...... ........... ... .. ... ........... .............. ... .......... ... ..... .......... 65
7 .18.
RESTRICTION ON SALE OF LOTS ......................................... ... ... .. ... ........... .... ....... ..... ........... ... ..... ......... 66
8.
ZONING .................................................................................................................................. 67
8.1.
Z ONES ......................................................... .... .... ....... ....... ... .. ....... .... ....... ................ ...................... 67
8.2.
INTERPRETATION OF Z ONE BOUNDARIES .. .. .. ... ................ ...... .... .......... ................................................... 67
8.3.
PERMITTED USES· ·········· ··········· ············· ············ ·· ········· ··· ···· ····· ·· ············· ·· ······ ·· ··· ··············· ···· ··· ······ 68
8.4.
D ISCRETIONARY USES ........... ... ... ............. ...... ... ..... ...... · ... .. .... ............. ....... .... .... .... ........ ............. ... ..... 68
8.5.
PROHIBITED USES····· ····· ········ ··· ...................... ..... ... ....... ...... .................... ........ .... ............ .... .... .... ..... 69
8.6.
CLASSIFICATION OF LAND USES AND BUILDINGS .................... ............. ....... .................... .... ..... ....... .. ........ 69
9.
RESIDENTIAL (RES) ZONE ....................................................................................................... 70
9.1.
9.2.
9.3.
9.4.
9.5.
9.6.
10.
10.1 .
10.2.
10.3.
10.4.
10.5.
10.6.
PERMITTED USES ...... ....... ....... .... ....... ...... ... .. ... .. .. .. .. ...... ............... .............. .................. ............ ....... . 70
DISCRETIONARY U SES ........... ....... .... ............ ...... .. .. .... .......... .. ........ .... ....... ........ .... ...... ... ... ..... .. ..... .... . 70
LOT REQUIREMENTS ...... ...... ...... .. .................. .... ........................ .......................................... ........ ..... .. 71
CONVENIENCE STORES - SPECIAL REQUIREMENTS ........... ................ .............. ... ........... ... .... ............. .. ........ 71
A CCESSORY BUILDINGS - SPECIAL REQUIREMENTS ........ .... ..... ......................... .... ... .... .. ... .. ............. .... ....... 72
SECONDARY DWELLINGS - SPECIAL REQUIREMENTS .......... .... ....... .... .... ........... ............ ........... .... .. .. .... .. ..... 72
MIXED USE (MU) ZONE ....................................................................................................... 73
PERMITTED USES ............. ......... ..... ................................ ............ .. ........... ................. ....... .... ............... 7 3
D ISCRETIONARY USES ............ ........................ ................... ....... ... ... ....... .... ....... ............ .. ............... ..... 7 4
LOT REQUIREMENTS ............ ..... ................... ...... ........ ... ...... ... ...................... .... .... .... ... .. .. ....... ............. 75
ACCESSORY BUILDINGS - SPECIAL REQUIREMENTS ....................... .... ....... .... ..... ... ........ ....... ............ ....... 75
SECONDARY DWELLINGS - SPECIAL REQUIREMENTS .... .... ... .................. ... .. ............................ ........ .... ...... .. 75
CAMPGROUNDS- SPECIAL REQUIREMENTS .... .... ............... ............. .. ............. ........ .... ........... ... ..... .. .. ....... 76
11.
11.1.
11 .2.
11 .3.
12.
12.1.
12.2.
12.3.
12.4.
12.5.
12.6.
13.
13.1 .
13.2.
13.3.
14.
14 .1 .
14.2.
14.3.
14.4.
14.5.
15.
15.1.
15.2.
15.3.
15.4.
15.5.
16.
16.1.
16.2.
16.3.
16.4.
16.5.
16.6.
17.
17.1.
17.2.
17.3.
17.4.
17.5.
18.
18.1.
18.2.
18.3.
19.
19.1.
19.2.
GENERAL COMMERCIAL (COM) ZONE ............................................................................... 77
PERMITTED USES ... ... .........-....... .... .... ........ ........... .... ........ ...... .. .... .... ........ ........ .. .. .. .....-...-..... ........ ... . 77
D ISCRETIONARY USES ............... .................. ....... .... ................... .. .... .. --..... ... ..-........... ..... ........ .......... .. 78
LOT REQUIREMENTS ....... .... ....... ........... .... ..... ... .. ...... -. ..-................ ... .... .. .. .... ...... .......... ................ ..... 78
GATEWAY COMMERCIAL (GC) ZONE ................................................................................ 79
PERMITTED U SES ......... ....-...-....... .... ... .... ............. ........ ......... ... .... ........ .... .... ........ ...................-.. ........ 79
DISCRETIONARY U SES .............. ....................... .................... ... .. .... .... ........ ....-.. .-.................... .... .. ....... 80
LOT REQUIREMENTS .......... ...... .......... .... .... .... ..........-...... ........... .. .... .... ..... ....... ... ......... ........ .............. 80
BUILDING PLACEMENT - SPECIAL REQUIREMENTS .. .... ..... .......... ... ............... ....... ..... ........... .... ... .......... ...... 81
M UL Tl-UNIT DWELLINGS - SPECIAL REQUIREMENTS ... ......... ........ ... ......... ...-.. ..... .... ... ... ...... .. .. .... ...-.... ...... 82
SINGLE D WELLINGS - SPECIAL REQUIREMENTS ........... ...-.. .......... ............ ........ ........ ... ....... ......... ........ .. .. .. 82
INSTITUTIONAL (I) ZONE ................................................................................................... 83
PERMITTED U SES ............ ..... ... ..... ...... .. ...... .-..-... -......... ......-............. .......... .... .. .. ...... ··················-·······83
D ISCRETIONARY U SES ..... -...... ......... .......................... .. .... ....... ... .... .......... .. .......... ... ......... ............ ...... .. 83
LOT REQUIREMENTS ...... ........ ... .................... .......... .... .... ........ .... .... ............ .... ..... .... ...... .. ......-.... ... .. .. 84
MARINE AND INDUSTRIAL (M) ZONE ................................................................................. 85
PERMITTED U SES ·······························································································································85
DISCRETIONARY USES ..... ...... ........... .... .... ........... ........ ........... ................. .......................... ...... ... .. ....... 85
LOT REQUIREMENTS ....... ........ .. ... .. .... ................... .. .. ............... ....... ... ..... ........ ..... ... ........................... 86
CANNABIS PRODUCTION FACILITIES- SPECIAL REQUIREMENTS ......... ... .... .... .... ... ..... ...... ................. ........ 86
GENERAL OFFICE AND SHOP - SPECIAL REQUIREMENTS .................... ......... ... ........ ..... ... ............ ................ 86
OPEN SPACE AND RECREATION (OS) ZONE ..................................................................... 87
PERMITTED USES .. ...... ... .. .................. ................................... ... ................. ............. ........... ............... . 87
DISCRETIONARY U SES ... .. ........ ............ .... .... .... .... .............. .................. ... .. .. ..... ........ ........... ..... ...... .. ... 87
LOT REQUIREMENTS ........... .. .. .... .. ... .... .... .... ...... ......... ............. ....... .... ..... .. .... ........ ...... ..... ... .......... .... 87
DISCRETIONARY U SES - SPECIAL REQUIREMENT ...... .... .... .... ................ .... .... .. .. .... .... ... ... .... ... .... .... ... ........ 88
CAMPGROUNDS - SPECIAL REQUIREMENTS ............. ................... ... .......... ............ ....... ............ ........ ........ 88
RURAL (R) ZONE ................................................................................................................. 89
PERMITTED U SES ............... ........ ............. ................. ...... ........... ......... ...... ..................... .................... 89
D ISCRETIONARY U SES ..... .............. .........--.. -..................... ..... -.......... ... ........ .... ...-. ..-..... ..-.......-...-....... 89
LOT REQUIREMENTS .. .... .... ...... .. ................................ ....-.. ···· ·· ···· ... ......... ... .... ..... ... ............ .... ............ 90
AGRICULTURAL U SES - SPECIAL REQUIREMENTS ............ ...................................... .... ... ... .......... .. .............. 90
LAND LEASE COMMUNITY - SPECIAL REQUIREMENTS ..... .......................-...............-...... .. ................... ......... 91
CAMPGROUNDS - SPECIAL REQUIREMENTS ........... .. ... .. .... ... ............. .............. .. .. ..... ....... ... .. ... .... .... .. ....... 91
MINERAL WORKINGS (MW) ZONE ..................................................................................... 92
PERMITTED U SES ·······························································································································92
D ISCRETIONARY USES ... ................... .. .. .... .. ..... .... .... .................... .. .. .... ..... ... ........ .... .... .... ........ .... ........ 92
M INERAL W ORKING - SPECIAL REQUIREMENT ................................. .............. ..... .... .. .. .. .. ..... .... ....... ... ....... 92
M INERAL W ORKING SITE REHABILITATION - SPECIAL REQUIREMENT .... .......... .... ....... .. .. .. ... .... .. ............ ........ 94
GENERAL INDUSTRY - SPECIAL REQUIREMENTS ......... ....................... .... .... ............ ............ .... ..... ... ......... ... 95
CONSERVATION (C) ZONE ................................................................................................. 96
PERMITTED USES ............ ............ .................... ... .. .............. .. .............. .. ........... .... .... ............... ........... 96
DISCRETIONARY U SES ............... .. ................................-........ ..... ....... ....... .... .. .. .... ....... ..... ..... .... .... ...... 96
RECREATIONAL OPEN SPACE - SPECIAL REQUIREMENTS ......... .. ... ... .... .... .... .... ...... ....... .... ... -.. .-...-...-... -...... 96
PROTECTED WATERSHED (W) ZONE ................................................................................ 97
PERMITTED USES ... ......... ..... ... ....... ... ... ..... .... ........ ...... .... ...... ...... .... .... .... .... .... .... ... .. ....... ... ... .. .... .... .. . 97
D ISCRETIONARY U SES ........... .... .................... ....... .... .... ....... ......... ............ ............ .... .... .... .... ............... 97
20.
DEFINITIONS ....................................................................................................................... 98
21 .
USECLASSTABLE ............................................................................................................. 111
22.
SCHEDULES ...................................................................................................................... 118
SCHEDULE 'A' - PLANNING AREA ............................................................................................... 119
SCHEDULE 'B' - ZONING MAP ......................................... : ........................................................... 121
SCHEDULE 'C' - PROVINCIAL DEVELOPMENT REGULATIONS .................................................... 123
SCHEDULE 'D' - ROAD CATEGORIZATION .................................................................................. 131
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1. Title, Purpose, and Scope
1.1.
Short Title
1.1.1.
These regulations may be cited as the Twillingate
Development Regulations.
1.2.
Interpretation
1.2.1.
Words and phrases used in these Regulations shall have
the meanings assigned to them in Part 21, Definitions.
1.2.2.
Words and phrases not defined in Part 21 shall have the
meaning commonly assigned to them in the context in
which they are used in these Regulations.
1.2.3.
1.2.4.
1.2.5.
Unless otherwise stated, the singular form of a Use
includes the plural.
Any references to sections made in these Regulations are
considered to be references to these same Regulations,
unless otherwise indicated.
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".
1.3.
Commencement
1.3.1.
These Regulations come into effect throughout the
Twillingate Planning Area ("Planning Area") on the date of
publication of a notice to that effect in the Newfoundland
and Labrador Gazette.
1.4.
Planning Area
1.4.1 .
These Regulations shall apply only to those areas of land
shown on the maps contained in Schedule 'A'.
Twillingate Development Regulations
1.5.
Municipal Code and Regulations
1.5.1 .
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.
1.5.2.
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.
1.5.3.
Where a provision within these Regulations conflict with
another provision within these Regulations, the more
stringent provision shall apply.
1.6.
Delegation of Council
1.6.1.
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.
Twillingate Development Regulations
2
1.7.
Provincial Development Regulations
1.7.1 .
Provincial Development Regulations have been
incorporated into the Twillingate Development
Regulations and are marked as follows:
<fe7-.
I"?
Provincial
Reg.X
Urban and
Rural Planning
Reg. X
1.7.2.
The Provincial Development Regulations shall be included
in their entirety as Schedule 'C'. Where there is conflict
between these Development Regulations and the
Provincial Development Regulations, the Provincial
Development Regulations shall apply.
1.8.
Repeal of Regulations
1.8.1.
The following Regulations are repealed as of the effective
date of these Regulations:
(a)
Town of Twillingate Development Regulations,
Gazetted on September 29, 1995, as amended .
1.9.
Severability
1.9.1.
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.
Twillingate Development Regulations
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 Twillingate Planning Area without first
obtaining a permit from Council.
2.1.2.
Applications for a development permit within 100 metres
of the centre line of Highway 340 shall also be submitted
to Digital Government and Service NL for review under
the authority of the Protected Road Zoning Regulations.
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 Section 2.4, a permit shall be issued for
development within the Planning Area if it 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 appearances
established by Council.
Twillingate Development Regulations
4
2.4.
Permit Not to be Issued in Certain Cases
2.4.1.
2.4.2.
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 .
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 road 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;
(g)
lacking adequate access to open space, schools, or
other necessary amenities; or
(h)
where the proposal would be detrimental to public
safety and convenience.
Twillingate Development Regulations
5
2.5.
No Development Permit Required
2.5.1.
2.5.2.
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 shall require a development
permit.
(b)
Fences under 2 metres in height.
(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)
Temporary buildings or structures erected for a
period not exceeding 30 days.
(g)
Radiocommunication antennas and
radiocommunication towers.
(h)
Signage exempted under Section 6.5 of these
Regulations.
(i)
Solar collector systems as an accessory use.
U)
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 3.16.2.
(k)
Accessory buildings with a floor area of less than 10
square metres.
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.
Twillingate Development Regulations
6
2.6.
Application Requirements
2.6.1.
2.6.2.
Every application for a development permit shall be made
in writing on an approved form and shall include:
(a)
the signature of the registered land owner 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 the land;
(d)
a statement of the estimated commencement and
completion date of development;
(e)
a site plan; and,
(f)
any other information required in these
Development Regulations.
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
metres of the subject property on contiguous lots;
(f)
existing and proposed services;
(g)
existing and proposed drainage ditches or culverts;
Twillingate Development Regulations
7
2.6.3.
2.6.4.
(h)
location of existing and proposed solid waste
storage areas;
(i)
proposed location and dimensions of parking
spaces loading spaces, driveways, and landscaping
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 or not every such development
conforms with the requirements of these
Regulations.
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;
(6)
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 requirements established in these or
other Municipal, Provincial or Federal Regulations.
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;
(6)
topography and soil conditions of the subject site;
Twillingate Development Regulations
8
(c)
watercourse delineation study;
(d)
stormwater management plan;
(e)
floor plans and elevation drawings of any proposed
structures;
(f)
geotechnical study;
(g)
site grading plan;
(h)
traffic impact assessment or study; and/ or
(i)
groundwater supply study.
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 shall only be
renewed a maximum of one (1) time for an
additional 24 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.
2.9.2.
An application properly submitted in accordance with
these Regulations shall be determined within eight (8)
weeks of the receipt by Council.
Where no decision on an application has been made
within eight (8) weeks of its submission, the application
shall be deemed to be refused .
Twillingate Development Regulations
9
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.
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
Section 2.6; 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 two (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.
Twillingate Development Regulations
10
2.12.
Approval
2.12.1.
Approval for an application shall be granted by Council in
the form of a Development Permit for applications
approved under these Regulations.
2.12.2.
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 or approvals
under any other regulation or statute prior to
commencing the development;
(b)
having the work carried out in accordance with
these Regulations or any other regulations or
statutes; and,
(c)
compliance with all conditions attached to an
approval or a permit.
2.12.3.
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.
2.12.4.
A development permit shall be valid for one (1) year. If the
development has not commenced, the permit may be
renewed for a further period not in excess of 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.
2.12.S.
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.
Twillingate Development Regulations
11
2.12.6.
No person shall erase, alter or modify any drawings or
specifications upon which a permit to develop has been
issued by Council.
2.12. 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.
2.13.
Revocation of Permit
2.13.1.
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 on the basis of incorrect
information.
2.14.
Public Notice
2.14.1.
Council shall give public notice, at the applicant's
expense, at least 14 days prior to rendering a decision on
an application for:
(a)
a permit when a change in nonconforming use is to
be considered under Section 3.25;
(b)
a permit when the development proposed is listed
as a discretionary use in the use zones; or
(c)
a variance, as required by Section 2.31 .
Twillingate Development Regulations
12
2.15.
Right of Entry
2.1 5.1.
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.
2.16.
Restoration to a Safe Condition
2.16.1.
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.
2.17.
Existing Structures and Uses
2.17.1 .
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)
has lawfully commenced;
(c)
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.
Twillingate Development Regulations
13
2.18.
Stop Work Order and Prosecution
2.18.1.
Where a person begins a development contrary or
apparently contrary to these Regulations, Council may
order that person to stop the development.
2.18.2.
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
2.18.3.
A person who does not comply with an order made under
Subsection 2.18.1 is guilty of an offence under the
provisions of the Act.
2 .19.
Service Levy
2.19.1.
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.
2.19.2.
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 2.19 .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.
2.19.3.
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.
Twillingate Development Regulations
14
2.19.4.
Council may requi re 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.
2.20.
Financial Guarantees by Developer
2.20.1 .
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.
2.20.2.
The financial provisions made under Subsection 2.20.1
may be in the form of:
(a)
a cash deposit from the developer, to be held by
Council;
(b)
an irrevocable Letter of Credit issued by a bank;
(c)
a performance bond provided by an insurance
company or a bank; or,
(d)
an annual contribution to a sinking fund held by
Council.
2.21.
Dedication of Land for Public Use
2.21.1 .
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.
Twillingate Development Regulations
15
dJfo
Provincial
Reg.5
Provincial
Reg. 6
2.22.
Reinstatement of Land
2.22.1.
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.
2.23.
Notice of Right to Appeal
2.23.1.
Where an authority makes a decision that may be
appealed under section 42 of the Act, that authority shall,
in writing, at the time of making that decision, notify the
person to whom the decision applies of the:
(a)
person's right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
(c)
manner of making an appeal and the address for the
filing of the appeal.
2.24. Appeal Requirements
2.24.1.
The secretary of the board at the Department of Municipal
and Provincial Affairs, Main Floor, Confederation Building
(West Block), P.O. Box 8700, St. Johns, Nfld ., A 1 B 4J6 is
the secretary to all boards in the province and an appeal
filed with that secretary within the time period referred to
in subsection 42(4) of the Act shall be considered to have
been filed with the appropriate board.
2.24.2.
The fee required under section 44 of the Act shall be paid
to the board that hears the decision being appealed by
filing it with the secretary referred to in subsection (1) or
(2) within the 14 days referred to in subsection 42(4) of
the Act.
Twillingate Development Regulations
16
Provincial
Reg. 7
2.24.3.
The board that hears the decision being appealed shall,
subject to subsec~ion 44(3) of the Act, retain the fee paid
to the board .
2.24.4.
Where an appeal of a decision and the required fee is not
received by a board in accordance with this section and
Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited .
2.25.
Appeal Registration
2.25.1.
Upon receipt of an appeal and fee as required under the
Act and these regulations, the secretary of the board as
referred to in subsections 6(1) and (2), shall immediately
register the appeal
2.25.2.
Where an appeal has been registered the secretary of the
board shall notify the appropriate authority of the appeal
and shall provide to the authorit y a copy of the appeal and
the documentation related to the appeal .
2.25.3.
Where an authority has been notified of an appeal that
authority shall forward to the appropriate board a copy of
the application being appealed, all correspondence,
council minutes, plans and other relevant information
relating to the appeal including the names and addresses
of the applicant and other interested persons of whom the
authority has knowledge.
2.25.4.
Upon receipt of the information under subsection (3), the
secretary of the board shall publish in a newspaper
circulated in the area of the appropriate authority, a notice
that the appeal has been registered .
2.25.5.
A notice published under subsection (4) shall be published
not fewer than 2 weeks before the date upon which the
appeal is to be heard by the board .
Twillingate Development Regulations
17
~
2.26.
Development Prohibited
Provincial
Reg.8
d]~
Provincial
Reg. 9
~
Provincial
Reg. 10
2.26.1.
Immediately upon notice of the registration of an appeal
the appropriate authority shall ensure that any
development upon the property that is the subject of the
appeal ceases.
2.26.2.
Sections 102 and 104 of the Act apply to an authority
acting under subsection (1 ).
2.26.3.
Upon receipt of a notification of the registration of an
appeal with respect to an order under section 102 of the
Act, an authority shall not carry out work related to the
matter being appealed .
2.27.
Hearing Notice and Meetings
2.27.1.
A board shall notify the appellant, applicant, authority and
other persons affected by the subject of an appeal of the
date, time and place for the appeal not fewer than 7 days
before the date scheduled for the heari ng of the appeal.
2.27.2.
A board may meet as often as is necessary to conduct its
work in an expeditious manner.
2.28.
Hearing of Evidence
2.28.1.
A decision of the board must comply with the plan,
scheme or development regulations that apply to the
matter that has been appealed to that board.
2.28.2.
A board shall hear an appeal in accordance with section 43
of the Act and these regulations.
2.28.3.
A written report submitted under Subsection 43(2) of the
Act respecting a visit to and viewing of a property shall be
considered to have been provided in the same manner as
evidence directly provided at the hearing of the board.
2.28.4.
In the conduct of an appeal hearing, the board is not
bound by the rules of evidence.
Twillingate Development Regulations
18
r};"-1__
117
Provincial
Reg. 11
rf
Provincial
Reg . 12
,J;;,
~f?
Provincial
Reg. 13
2.29.
Board Decision
2.29.1.
A decision of the board must comply with the plan,
scheme or development regulations that apply to the
matter that has been appealed to that board .
2.30. Variances
2.30.1.
Where an approval or permit cannot be given by an
authority because a proposed development does not
comply with development standards set out in
development regulations, an authority may, in its
discretion, vary the applicable development standards to a
maximum of 10% if, in the authority's opinion, compliance
with the development standards would prejudice the
proper development of the land, building or structure in
question or would be contrary to public interest
2.30.2.
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%.
2.30.3.
An authority shall not permit a variance from
development standards where the proposed
development would increase the non conformity of an
existing development.
2.31.
Notice of Variance
2.31 .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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19
3. General Provisions
3.1.
Application of General Provisions
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.
3.2.2.
3.2.3.
3.2.4.
Access shall be located to the specification of Council so
as to ensure the greatest possible convenience and safety
of the street system .
Notwithstanding Subsection 3.2.1, access to Route 340
shall be to the specifications of the Department of
Transportation and Infrastructure.
Council may prescribe the construction of service streets
to reduce the number of accesses to collector and arterial
streets.
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.
Twillingate Development Regulations
20
3.3.2.
(c)
Accessory buildings shall not be erected or placed
upon any easements.
(d)
Unless otherwise enabled in these Regulations, the
gross floor area of all accessory buildings on a lot
shall not exceed SO 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.
(f)
The siting of an accessory building on a lot shall,
where possible, be located in a rear yard, or in a side
yard where it does not project in front of the
building line.
Notwithstanding Regulation 3.3.1 (f), an accessory
building may be permitted in a front yard 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 or natural buffers;
(c)
the accessory building is balanced with the main
building in terms of exterior finish, roof line and
pitch; and,
(d)
the placement of the building will not have a
negative effect on neighboring properties.
3.4.
Accessory Uses
3.4.1.
Where these Regulations provide for any land to be used,
or building to be erected or used for a purpose, the
purpose shall include any accessory use. Such uses shall
be clearly incidental and complementary to the use of the
main building and be contained on the same lot as the
main building or an adjoining lot where both lots are under
the same ownership.
Twillingate Development Regulations
21
3.5.
Alterations to the Natural Environment
3.5.1.
3.5.2.
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.
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, roads, lands and
waterbodies receiving run-off from the site, and any other
matter that Council deems necessary.
3.6.
Archaeological Assessment
3.6.1.
3.6.2.
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.
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.
Twillingate Development Regulations
22
3.7.
Buffers
3.7.1.
3.7.2.
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.
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.
3.8.
Building Accessibility
3.8.1 .
All developments within the Institutional Zone shall
comply with the Building Accessibility Regulations under
the Building Accessibility Act.
3. 9.
Building Height
3.9.1.
3.9.2.
Zone requirements for maximum building height shall not
apply to church spires, mosque qubbas or domes, minaret
towers, water tanks, elevator enclosures, stairwells, silos,
flag poles, television or radio antennas, commercial
communication towers, ventilators, skylights, chimneys,
clock towers, tree houses, public art, wind turbines, or
solar collector systems.
With the exception of accessory buildings, 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 metres for
every 1 metre increase in height.
(b)
The rear yard shall not be less than the minimum
front setback, calculated as described in Regulation
3.9.2. (a), above, plus 6 metres.
Twillingate Development Regulations
23
3.10.
Building Lines and Fences and Signs
3.10.1.
Minimum front and flanking yards for development shall
be established according to Schedule 'D', Road
Categorization, where:
(a)
development that fronts onto a Main Road or
Intermediary Road shall be set back a minimum of
12.2 metres from the centre line of the road;
(b)
development that fronts onto a Side Road shall be
set back a minimum of 7.7 metres from the centre
line of the road;
(c)
development that fronts onto a Provincial Road
shall be set back a minimum of 18.0 metres from
the centre line of the road;
(d)
the flanking yard for all development located on a
corner lot shall be the same as the minimum front
yard; and,
(e)
the centre line of the road shall be established by
the Town .
3.10.2.
Minimum front and flanking yards for fences and
advertising signs shall be established according to
Schedule 'D', Road Categorization, where:
(a)
fences and advertising signs on a lot that fronts
onto a Main Road or Intermediary Road shall be set
back a minimum of 10.1 metres from the centre
line of the road;
(b)
fences and advertising signs on a lot that fronts
onto a Side Road shall be set back a m inimum of 7.7
metres from the centre line of the road;
(c)
fences and advertising signs on a lot that front onto
a Provincial Road shall be set back a minimum of 18
metres from the centre line of the road;
(d)
the flanking yard on a corner lot shall be the same
as the minimum front yard; and,
Twillingate Development Regulations
24
(e)
the centre line of the road shall be established by
the Town .
3.10.3.
Where any development is proposed on a road not listed
in Schedule 'D', Road Categorization, Council shall
establish the minimum building line setback and flanking
yard setback by resolution .
3.11.
Corner Lot Sight Triangle
3.11.1.
On a corner lot, no fence, sign, hedge, shrub, bush or
tree, or any other structure, vehicle, or vegetation shall be
erected, placed, or permitted to grow to a height greater
than 0.6 metres above grade within the corner lot sight
triangle.
3.12.
Coastal Access
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.
3.14.
Flag Lots / Backlot Development
3.14.1.
Flag lots shall be subject to the following requirements:
(a)
The proposed use must be within the main portion
of a flag lot.
(b)
Minimum front setbacks shall be measured from
the lot line on the main portion of the flag lot that is
closest to parallel with the street on which the flag
lot fronts.
Twillingate Development Regulations
25
3.15.
Heritage Properties
3.15.1.
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.
3.15.2.
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.
3.15.3.
When evaluating a proposal for alteration of a municipally
registered heritage property, as provided for by
Subsection 3.15.2, 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.
3.15.4.
A property or building that is a municipally-, provincially-,
or federally-registered heritage property shall be
permitted the following relaxation of these Regulations:
Table 3-1.
Regulation relaxations for heritage properties.
All Uses
Bed and Breakfast
Boarding House
Home-based Business
Relaxation
The minimum automobile parking space
requirements of Part 5 shall not apply
Number of guest rooms permitted
increased by one (1)
Number of sleeping units permitted
increased by one (1)
Number of permitted on-site, non-
resident employees increased by one (1)
Twillingate Development Regulations
26
3.16.
Human Habitation of Vehicles
3.16.1.
Trucks, buses, boats, automobiles, street car 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.
3.16.2.
Notwithstanding Subsection 3.16.1, a recreational vehicle
may be used for temporary human habitation in any zone
except the Conservation (C) Zone or the Protected
Watershed (W) Zone for a period of up to six (6) months in
any calendar year provided that such use:
(a)
is carried out in a recreational vehicle bearing a valid
motor vehicle registration;
(b)
is limited to one (1) recreational vehicle on a lot at
any one time; and
(c)
meets all zone setback and minimum lot size
requirements for single dwellings in the zone in
which the recreational vehicle is located.
3.16.3.
Temporary human habitation of a recreational vehicle
carried out in compliance with Subsection 3.16.2 shall not
require a development permit for periods of habitation of
14 days or less in a calendar year.
3.16.4.
Subsection 3.16.1 shall not apply to recreational vehicles
or converted recreational vehicles in campgrounds
developed in accordance with these Regulations.
3.16.5.
Subsection 3.16.1 shall not apply to mobile homes developed
in accordance with Section 16.5 of these Regulations.
3.16.6.
Notwithstanding Subsection 3.16.1, nothing in this Bylaw
shall prevent the temporary human habitation of a
recreational vehicle for a total period of 7 days or less in
conjunction with the Town's Annual Fish, Fun, and Folk
Festival and with the permission of the land owner, and no
development permit shall be required.
Twillingate Development Regulations
27
3 .17.
Lot Area
3.17.1.
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.
3.17.2.
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.
3.18.
Lot Access to Road
3.18.1.
Every main structure, with the exception of those in the
Mineral Workings (MW) Zone and Protected Watershed
(W) Zone, shall be located on a lot that abuts a publicly
maintained road or highway or an existing private road .
3.19.
Existing Undersized Lots
3.19.1.
Council may approve, as a discretionary use, development
of a 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.
3.19.2.
Such approvals shall only be issued where the lot
coverage is not greater; and the setbacks and floor area
are not less than the standards set out in these
Regulations.
3.19.3.
Development of an existing undersized lot shall comply with
all applicable wastewater and drinking water regulations.
3.19.4.
Development of an existing undersized lot shall not be
permitted in the Conservation (C) Zone.
Twillingate Development Regulations
28
3.20.
Landscaping and Screening
3.20.1.
All land except that used for structures, parking, and
vehicle access shall be landscaped and maintained by the
owner or occupier to the satisfaction of Council.
3.20.2.
Council may, in the case of existing unsightly
development, order the owner or occupier to provide
adequate and suitable landscaping or screening; and for
this purpose, may require the submission of an application
giving details of the landscaping or screening, and these
Regulations shall then apply to that application.
3.20.3.
The provision of adequate and suitable landscaping or
screening may be made a condition of any development
permit where, in the opinion of Council, the landscaping
or screening is desirable to preserve amenity or to protect
the environment.
3.21.
Minor Front and Flanking Yard Projections
3.21.1.
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 o_r 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 .
Twillingate Development Regulations
29
(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.
3.21.2.
Notwithstanding Subsection 3.21.1, the projection shall
not encroach upon or create an obstruction in the sight
triangle for corner lots.
3.22.
Multiple Main Buildings
3.22.1.
Unless otherwise prohibited in these Regulations, any
number of main buildings may be located on the same lot,
subject to applicable zone requirements.
3.23.
Multiple Main Uses
3.23.1 .
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.
3.24. Telecommunications Structures and Antennas
3.24.1.
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.
Twillingate Development Regulations
30
3.25.
Non-conforming Uses
3.25.1.
Applications involving non-conforming uses shall be
processed in accordance with Section 108 of the Urban
and Rural Planning Act, 2000.
3.25.2.
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 .
3.25.3.
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.
3.25.4.
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 3.25.1 and 3.25.2.
Twillingate Development Regulations
31
r1Jfo
3.26.
Residential Non Conformity
Provincial
Reg. 14
~
Provincial
Reg. 15
r..<i-:l_
ff
Provincial
Reg. 16
~
Provincial
Reg. 17
3.26.1 .
A residential building or structure referred to in paragraph
108(3)(9) of the Act must, where being repaired or rebuilt,
be repaired or rebuilt in accordance w ith the plan and
development regulations applicable to that building or
structure.
3.27.
Notice and Hearings on Change or Use
3.27.1.
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.
3.28.
Non-Conformance with Standards
3.28.1.
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.
3.29.
Discontinuance of Non-conforming Standards
3.29.1.
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 .
Twillingate Development Regulations
32
3.30.
Offensive and Dangerous Uses
3.30.1.
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.
3.31.
Protection of Community Trails and Footpaths
3.31 .1.
Proposed development or the use of 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.
3.31 .2.
New development may be required to provide a
separation buffer between a proposed development and
existing trail, pathway, or public right of way.
3.31.3.
In considering applications for development adjacent to
any existing trail, Council may require that pedestrian
access to the trail from the development be provided as a
condition of development. Where required, pedestrian
access shall be constructed and maintained to the
specifications established by Council .
3.32.
Servicing
3.32.1.
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 Engineer shall make a determination based on
site conditions and available servicing capacity.
3.32.2.
Servicing shall be designed so as to sufficiently limit the
number of lift stations, subject to approval by the Engineer.
Twillingate Development Regulations
33
3.32.3.
Costs for the Engineer's review shall be at the applicant's
expense.
3.32.4.
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 .
3.32.5.
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, Climate Change and Municipalities
Groundwater Supply Assessment and Reporting Guidelines
for Subdivisions Serviced by Individual Private Wells, 2009.
3.32.6.
Where there is insufficient groundwater yield to support
any development that is proposed to depend on a well
Council shall refuse the development.
3.33.
Soil Removal, Deposit, and Site Grading
3.33.1.
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.
3.33.2.
The following activities shall require approval from Council
where not part of an approved development or a m ineral
working :
(a)
any land disturbance that involves removal or
deposition of soil or other material on a property;
(6)
any alteration of hillsides with slopes greater than
30%; and,
(c)
any excavation within a lot carried out so as to
change the natural grade of the lot, or, if in an
approved subdivision the grade established in the
grading plan .
3.33.3.
Applications submitted to Council shall show the full
extent of disturbance that is intended.
Twillingate Development Regulations
34
3.33.4.
Where alterations to the landscape are approved, Council
may require financial guarantees to ensure adequate site
rehabilitation and / or landscaping.
3.33.5.
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.
3.34.
Street Construction Standards
3.34.1.
New streets shall be constructed to the design and
specifications established by Council .
3.35.
Unsubdivided Land
3.35.1 .
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.
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35
3.36.
Wetland, Watercourse, and Coastal Setback
3.36.1.
No development shall be permitted within 15 horizontal
metres of the ordinary high water mark of any
watercourse or wetland without approval from the
Department of Environment, Climate Change and
Municipalities and, if fish habitat is affected, from Fisheries
and Oceans Canada.
3.36.2.
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.
3.36.3.
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.
3.36.4.
Within the Mixed Use (MU) Zone, Residential (RES) Zone,
and General Commercial (COM) Zone, 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.
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36
4. Use Specific Requirements
4.1.
Bed and Breakfast
4.1.1.
Bed and breakfast establishments, where permitted, shall
be subject to the following conditions:
(a)
the use is in a single dwelling occupied as a
residence by the operator of the business;
(b)
a maximum of eight (8) guest rooms may be rented
within a bed and breakfast establishment;
(c)
a minimum of one (1) parking space per guest
room, in addition to those required for the
residential use, shall be provided on the lot;
(d)
where a parking area is created to accommodate a
bed and breakfast and abuts a residential lot, the
parking lot shall be appropriately screened by a
fence, wall, or hedge of height not less than 1.8
metres and located a minimum distance of 1.0
metres from the edge of the parking area;
(e)
a single, non-illuminated, free-standing sign, not
exceeding 0.4 square metres in area, shall be
permitted; and,
(f)
the use must be approved and licensed under the
Provincial Tourist Establishment Regulations.
4.2.
Child Care
4.2.1.
4.2.2.
Child care as a home-based business shall conform to the
requirements of the Child Core Services Act and
Regulations.
Where required, a license to operate a child care facility
shall be obtained from the Department of Health and
Community Services.
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4.3.
Community Gardens
4.3.1.
Community gardens shall be permitted in any use zone
without a development permit.
4.4.
Conversion of Existing Dwellings
4.4.1.
Notwithstanding other requirements 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)
No alteration may be undertaken that will extend
into the front or side yard of the lot.
(d)
Any additional parking spaces shall be provided in
the side or rear yard of the lot.
(e)
No alteration may be undertaken to increase the
number of entrances in the front of the dwelling.
4.5.
Electric Vehicle Charging
4.5.1 .
Electric vehicle charging stations shall be permitted in all
use zones.
4.6.
Farm, Fish, and Forest Stalls
4.6.1.
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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38
4.7.
Home-based Businesses
4.7.1.
Table 4-1 .
Home-based businesses shall meet the following
requirements:
Home-based Business Requirements.
a)
Permitted Uses
i.
ii.
iii.
iv.
V.
vi.
vii.
viii.
ix.
X.
xi.
Art gallery and sales
Business office
Child care facility - 7 or fewer dependents
Commercial school - 6 or fewer students
Craft product workshop
Cultural and civic
Home offices
Household item service repair
·Medical and professional
Personal service shop
Pet grooming
b)
Maximum Number of On-site,
Non-resident Employees
2
c)
Maximum Floor Area of Home-
based Business
25 percent of the gross floor area of the dwelling unit or
50 square metres, whichever is less. The maximum floor
area shall not apply to child care facilities.
d) Outdoor Storage and Display
Outdoor storage and displays are not permitted .
e)
Retail Sales
4.7.2.
4.7.3.
4.7.4.
4.7.5.
Retail sales shall be permitted if they are related to and
incidental to the primary service being provided by the
home-based business.
The principal operator of a home-based business shall
reside in the dwelling where the use is located.
A single, non-illuminated, free-standing sign or wall sign,
not exceeding 0.4 square metres in area, shall be
permitted.
Parking for the home-based business use shall be as
outlined in Part 5 of these Regulations, but shall not be
required to be independently-accessible.
Accessory buildings may be used to contain a home-
based business provided the floor area of the business
does not exceed 50 square metres.
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39
4.8.
Mineral Exploration
4.8.1 .
Mineral exploration activities 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 Twillingate.
(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.
4. 9.
Outdoor Storage and Display
4.9.1.
4.9.2.
Outdoor storage shall not be located in any required front,
rear, side, or flanking yard.
Outdoor display shall not be located within 3 metres of
the front lot line.
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4.10.
Parks, Recreation Uses and Conservation Uses
4.10.1.
Nothing in these Regulations shall prevent the
designation of conservation areas or the establishment of
parks and playgrounds in any zone except the Mineral
Workings (MW) 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.
4.11.
Residential Facilities
4.11 .1.
Residential facilities shall be permitted as dwellings and
subject to the applicable requirements for dwellings based
on the following equivalencies:
(a)
A residential facility with fewer than five (S) beds
shall be treated as a single dwelling.
(b)
A residential facility with five (S) to eight (8) beds
shall be treated as a double dwelling.
(c)
A residential 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.
4.11.2.
A single bedroom for a staff member shall be permitted
without being counted for the purpose of the
equivalences in Subsection 4.11 .1. All other staff
bedrooms shall be counted for the purpose of
equivalences in Subsection 4.11.1.
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4.12.
Service Stations
4.12.1.
Where permitted, development of an automobile service
station and garage shall meet the following requirements:
(a)
All gasoline pumps shall be located on pump islands
designed for such purpose.
(b)
Pump islands shall be set back at least 4.0 metres
from the front lot line.
(c)
A canopy for sheltering pump islands may be
erected provided that no part of the canopy is
located within 3.0 metres of the street or lot line.
4.12.2.
Where a service station is located on a corner lot, the
centre line of any access shall be at least 10 metres from
the centre line of the intersection.
4.13.
Solar Collector Systems
4.13.1 .
Solar collector systems shall be permitted as an accessory
use in all zones and such accessory systems shall not
require a development permit.
4.13.2.
Solar collector systems as a main use shall be subject to
the permitted uses table of each respective zone.
4.14. Special Care Uses
4.14.1.
Special care uses shall:
(a)
be licensed by the Department of Health and
Community (where required); and,
(b)
have paved access and parking.
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4.15.
Urban Agriculture
4.15.1.
A maximum total of 20 small livestock shall be permitted
as an accessory use on any residential lot. Roosters shall
not be permitted as an urban agriculture use.
4.15.2.
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 is
two (2).
(b)
All hives shall be located at least 3.0 metres from
any lot line, unless they are located on a rooftop.
(c)
All hives and colonies shall be registered with the
Newfoundland Provincial Apiarist.
4.15.3.
The keeping of up to eight (8) medium and large livestock
in total shall be permitted as an urban agriculture use in
compliance with the following lot area requirements:
(a)
A minimum of 2,000 square metres of lot area shall
be required for each medium livestock on the lot.
(b)
A minimum of 4,000 square metres of lot area shall
be required for each large livestock on the lot.
4.15.4.
All urban agriculture livestock shall be contained within a
fully-fenced enclosure appropriate to the species of
animal(s) .
4.15.5.
All coops, barns, and other animal structures shall be
located in the side or rear yard and shall meet the
requirements for accessory buildings.
4.15.6.
The processing of urban agricultural products, such as
chopping, packing, pickling or preserving is permitted as
an accessory use to an urban agriculture use.
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/2
4.16.
Utilities
4.16.1.
Uses and structures immediately related to the operation
of adjacent utility infrastructure shall be permitted as
accessory uses. Such accessory uses may include, but are
not limited to, electric transformers, pumps and lift
stations, control centres, and maintenance sheds for on-
site maintenance. For greater clarity, uses and structures
not immediately related to the operation of adjacent
utility infrastructure are not accessory utility infrastructure
and shall be located in an appropriate use zone. Such uses
and structures include, but are not limited to,
administrative offices and central maintenance depots.
4 .16.2.
Where necessary, as determined by a qualified
professional, utility infrastructure shall be exempt from lot
requirements.
4.17.
Vacation Rentals
4.17.1 .
Vacation rental uses, where permitted, shall be subject to
the following requirements:
(a)
A development permit shall be required for the
operation of a vacation rental.
(b)
A single, non-illuminated, free-standing sign or wall
sign, not exceeding 0.4 square metres in area, shall
be permitted.
(c)
Vacation rentals shall be limited to two (2) dwelling
units per lot.
(d)
Vacation rental uses shall be approved and licensed
under the Provincial Tourist Establishment
Regulations.
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4.18.
Wharves, Slipways, Docks, and Stages
4.18.1.
Wharves, slipways, and docks shall be permitted in all use
zones, subject to the following requirements:
(a)
Wharves, slipways, and docks not exceeding 3.6
metres in width shall be permitted as an accessory
use in all zones.
(b)
Wharves, slipways, and docks greater than 3.6
metres in w idth shall be permitted as a
discretionary use in all use zones.
(c)
Wharves, slipways, and docks shall be exempt from
minimum rear and side yard requirements.
(d)
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.
4.18.2.
Stages, bait sheds, gear sheds, and other such structures
related to the fishery shall be permitted as accessory
buildings and shall meet the requirements for accessory
buildings in the zone in which they are located .'
4.18.3.
Notwithstanding Section 4.18.2, stages, bait sheds, gear
sheds, and other such accessory buildings related to the
fishery shall be exempt from minimum rear and side yard
requirements.
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4.19. Wind Turbines
Table 4-2.
4.19.1.
Wind turbines shall be subject to the following
requirements:
(a)
(b)
(c)
In the Residential (RES) Zone, the Mixed Use (MU)
Zone, the General Commercial (COM) Zone, the
Gateway Commercial (GC) Zone, the Institutional (1)
Zone, and the Marine and Industrial (M) Zone, total
combined nameplate capacity for all wind turbines
on the lot shall not exceed 5.0 kilowatts.
In all other zones, the total combined nameplate
capacity for all wind turbines on a lot shall not
exceed 100 kilowatts.
Wind turbines shall have minimum separation
distances as outlined in Table 4-2:
Wind turbine separation distances.
a)
Separation from habitable
buildings external to the wind
energy project
50 metres for wind turbines with a nameplate capacity of
5.0 kilowatts or smaller
___ ,
600 metres for wind turbines with a nameplate capacity
greater than 5.0 kilowatts
b) Separation from habitable
buildings internal to the wind
energy project
c)
Separation from property lines
d) Separation from streets and
railway rights-of-way
1.25 times the height of the turbine
1.25 times the height of the turbine
1.25 times the height of the turbine
(d)
Wind turbines shall not exceed 40 metres in height.
(e)
Wind turbines shall not contain exterior lighting,
except those recommended by the manufacturer or
required by regulatory agencies for safety
purposes.
(f)
No sign shall appear on a wind turbine, except
those identifying the owner or manufacturer.
(g)
Rotor blade clearance shall be at least 8.0 metres
above grade.
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46
5. Parking
5.1.
Off Street Parking Requirements
5.1.1.
Table 5-1 .
The minimum number of parking spaces to be provided
for any building, structure or use or occupancy shall
conform to the following requirements:
Minimum Off-Street Parking Requirements
Use Class
Minimum Off-Street Parking
Requirements
Accommodation
Dwellings - Multi-unit
Ohe (1) space per rental unit
One (1) space per dwelling unit, plus one
(1) additional space
Dwellings - Single unit, Double, Row
General Office
One (1) space per dwelling unit
One (1) space per 50 m2 of gross floor area
One (1) space
Home-based Business
Restaurant
Shop
Special Care
5.1.2.
5.1.3.
One (1) space per 20 m2 of gross floor area
One (1) space per 50 m2 of gross floor area
Two (2) spaces, plus 0.5 space per bed
On lots containing more than one use, the number of
required parking spaces shall be the sum of the spaces
required for each use in Subsection 5.1.1.
Where gross floor area is used to determine the number
of required parking spaces, as specified in Table 5-1, and
the number of required parking spaces results in a number
with a fraction, the number is rounded down to the
nearest whole number, but there may not be fewer than
one (1) parking space.
5.2.
Unspecified Parking Standards
5.2.1.
For every use, building, or structure not specified in Table
5-1, the requirement shall be as determined by Council.
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47
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.
Automobile Parking Space and Lot Standards
5.4.1 .
5.4.2.
5.4.3.
5.4.4.
5.4.5.
5.4.6.
Each required automobile parking space shall have a
minimum width of 2.5 metres and a minimum length of
5.5 metres.
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.
Unless otherwise permitted in these Regulations, each
automobile parking space shall be independently
accessible.
Unless otherwise permitted in these Regulations, required
automobile parking spaces shall be located on the same
lot as the use to which they apply.
Parking space for multi-unit dwellings shall be provided in
the rear yard where possible.
Where, in these Regulations, parking facilities for more
than four (4) automobiles are required or permitted:
(a)
except in zones in which a service station ,is a
permitted use, no gasoline pump or other service
station equipment shall be located or maintained
on a parking area; and,
(b)
no part of any off-street parking area shall be closer
than 1.5 metres to the front lot line in any zone.
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48
5.5.
Off-Site and Shared Parking
S.S.1.
In the Mixed Use (MU) Zone, all or a portion of the
required automobile parking spaces for a use may be
provided on a separate lot than the main use at the
discretion of Council. For greater clarity, an off-site
parking area may be used to service multiple premises or
lots.
5.6.
Minimum Number of Bicycle Parking Spaces
S.6.1.
S.6.2.
In addition to the parking requirements established in
Section S.1 , Council may require any commercial or
institutional development to provide up to five (S) publicly
accessible on-site bicycle parking spaces.
Where Council requires any bicycle parking, the bicycle
parking racks or lockers shall be firmly secured to the
ground, floor, or wall.
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49
6. Signage
6.1.
Permit Required
6.1.1.
6.1.2.
6.1.3.
6.2.
General
6.2.1.
6.2.2.
6.2.3.
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.
Application for a permit to erect or display a sign shall be
made in accordance with Part 2 of these Regulations.
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.
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.
No signage shall be permitted to be erected or displayed
within, on, or over any highway or street reservation.
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
op1n1on, 1s:
(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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50
6.4.
Sign Maintenance & Abandoned Signs
6.4.1.
6.4.2.
6.4.3.
6.4.4.
Every sign shall be kept in good repair and working order,
and not present a safety hazard.
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.
Signs shall be removed, at the cost of the sign's owner,
within 30 days if the use for which they advertise is
discontinued .
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.
The following signage may be erected or displayed in the
Planning Area without requiring a development permit:
(a)
on a dwelling or within the courtyard of a dwelling,
a single family or building nameplate not exceeding
0.2 square metres in area;
(b)
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;
(c)
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;
(d)
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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51
(e)
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;
(f)
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;
(g)
on any parking lot, directional signs and a single
sign not exceeding 1.0 square metres in size that
identifies the parking lot;
(h)
real estate sales, leasing, or open house signs up to
a maximum of 1.0 square metres;
(i)
signs placed by candidates for elections;
U)
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;
(k)
signs erected in compliance with any Town of
Twillingate signage program, and holding a valid
permit as may be required by any regulation or
Council policy applicable to any such program;
(I)
civic addressing signs;
(m)
signs posted by municipal, provincial, or federal
government agencies;
(n)
any portable or banner sign with a sign face area of
3.0 square metres or less;
(o)
signs associated with municipally-operated parks
and trails; and,
(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.
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52
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)
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 road.
(6)
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.
(c)
Signs painted on, attached to, or supported by
t rees, stone, cliff, or other natural features.
(d)
Signs painted on, attached to, or supported by
utility poles.
( e)
Flashing signs.
(f)
Billboard signs.
6.7.
Approval Subject to Conditions
-
6.7.1.
A permit may only be issued for the erection or display of
advertisements that comply with the appropriate
conditions and specifications set out in the use zone
Regulations.
6.8.
Signs for Non-conforming Uses
6.8.1 .
Notwithstanding the provisions of Section 6.1, a permit
may be issued for the erection or display of sign for a non-
conforming use, provided the advertisement does not
exceed the size and type of sign that could be permitted if
the development was in a use zone appropriate to its use,
and subject to any other conditions deemed appropriate
by Council .
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53
6.8.2.
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.
6.9.
On-site Signage Requirements
6.9.1.
6.9.2.
6.9.3.
Ground signs:
(a)
shall be limited to a maximum of two (2) per lot;
(b)
that have more than a single sign face shall be
counted as a single sign; and,
(c)
shall not exceed the maximum building height of
the use zone in which the sign is located and shall
not exceed 5.0 square metres.
Wall signs:
(a)
shall be permitted for any commercial, industrial, or
public use;
(b)
shall not exceed a sign area of 0.8 square metres
per lineal metre of the wall on which the sign is
affixed; and,
(c)
shall not extend beyond the wall to which they are
affixed.
Unless specified elsewhere in these Regulations, all on-
site signs shall not exceed the maximum building height
of the use zone in which they are located and shall not
exceed 5.0 square metres in area.
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54
6.10.
Off-site Signage Requirements
6.10.1 .
Off-site promotional and advertising signage shall be
limited to ground signs, and shall be permitted in the
Planning Area, provided:
(a)
a business establishment is not advertised on more
than two (2) off-site signs w ithin the Planning Area;
(b)
the sign(s) is located within 5.0 kilometers of the
business;
(c)
the sign(s) meet(s) the building line requirements of
Section 3.10;
(d)
the height does not exceed more than 3.0 metres
and the total sign area of each sign does not exceed
2.0 square metres; and,
(e)
the location, siting, and illumination of each sign
shall be to the satisfaction of Council, having regard
to the grade and alignment of streets, the location
of street junctions, the location of nearby buildings,
natural or historic views, and the preservation of
the amenities of the surrounding area.
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55
..
7. Subdivision
7 .1.
General
7.1.1.
Land within the Planning Area shall not be subdivided
without first obtaining a permit from Council and no such
permit shall be issued unless the provisions of these
Regulations are satisfied .
7.1.2.
Every application of subdivision shall be accompanied by a
stamped survey, delineating the existing and proposed
property lines, from a member in good standing of the
Association of Newfoundland Land Surveyors, at the
applicant's cost.
7.2.
Development Agreement
7.2.1.
As a condition of approval for new developments that
involve the construction of streets, sewers, or water lines,
Council shall require a developer to enter into an
agreement with the Town. Such agreements shall be
negotiated between the developer and the Town for
financing and development of services provided to the
site. The agreement shall include specifications for water
and sewer infrastructure; storm drainage; streets;
sidewalks; open space; as well as school bus stops and
neighbourhood mailboxes, where required.
7.3.
Services to be Provided
7.3.1.
No permit shall be issued for the development of a
subdivision unless provisions satisfactory to Council have
been made in the application for a supply of drinking
water, a sewage disposal system, and storm drainage
system designed to the appropriate standards.
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56
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 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. 19 and
2.20.
7.5.
Issue of Permit Subject to Considerations
7.5.1 .
A permit shall not be issued when, in the opinion of
Council and where Council has not adopted standards or
guidelines for such matters, the development of a
subdivision does not contribute to the orderly growth of
the Town and does not demonstrate sound design
principles. In considering an application, Council shall,
without limiting the generality of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand created for
schools, services, and utilities;
(c)
the provisions of the Plan and Regulations affecting
the site;
(d)
the land use, physical form and character of
adjacent developments;
( e)
the transportation network and traffic densities
affecting the site;
(f)
the relationship of the project to existing or
potential sources of nuisance;
(g)
soil and subsoil characteristics;
(h)
the topography of the site and its drainage;
(i)
natural features such as lakes, streams, topsoil,
trees and shrubs,
U)
prevailing winds;
Twillingate Development Regulations
57
(k)
visual quality;
(I)
community facilities;
(m)
energy conservation; and,
(n)
such other matters as may affect the proposed
development.
7.6.
Building Permit Required
7.6.1 .
Notwithstanding the approval of a subdivision by Council,
a separate permit shall be obtained for each building
proposed to be erected in the area of the subdivision, and
no permits for any building in the area shall be issued until
the developer has complied with all the provisions of
these Regulations with respect to the development of the
subdivision .
7. 7.
Form of Application
7.7.1 .
Application for a permit to develop a subdivision shall be
made to Council in accordance with Section 2.6.
7.8.
Subdivision Subject to Zoning
7.8.1.
The subdivision of land shall be permitted only in
conformity with the use zones delineated on the Zoning
Maps.
7.9.
Land for Public Open Space
7.9.1.
Before development commences, the developer shall
dedicate to the Town, at no cost to the Town, an area of
land equivalent to at least 10% of the gross area of the
subdivision for useable public open space.
7.9.2.
For the purpose of Subsection 7.9.1, "useable public open
space" means land which :
Twillingate Development Regulations
58
7.9.3.
7.9.4.
(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; and
(c)
contains such characteristics, including, but not
limited to:
7.9.2.c.1.
7.9.2.c.2.
7.9.2.c.3.
7.9.2.c.4.
7. 9.2.c.5.
lands suitable for walking or hiking;
lands suitable for public parks and
playgrounds;
beaches suitable for public
swimming;
vehicular access to navigable waters,
suitable for boat launching and
retrieval; or,
land containing structures or building
of significant historical value to the
community and usable for public
purposes.
(d)
shall be certified, in a form acceptable to the Town,
as being free of all encumbrances.
The location and suitability of any land dedicated under
the provisions of these Regulations 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.
Notwithstanding Subsection 7. 9. 1, a public open space
dedication shall not be required for:
(a)
Lot consolidations.
(b)
Boundary adjustments between two lots where the
total area of the two lots does not change.
(c)
Subdivision of lands owned by a public body.
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59
7.9.5.
7.9.6.
7.9.7.
7.9.8.
Council may accept payment of a sum of money in lieu of
such area of areas of land, equal to the value of the land
which would otherwise be required to be dedicated. For
greater clarity, the value of land shall be calculated
according to the following formula:
value of land required by Council = (a) x (b)
where,
a= estimated assessed value of subdivided land per
square metre in Canadian dollars
b = number of square metres required based on these
Regulations, calculated to the nearest whole number.
Money received by Council in accordance with Subsection
7. 9.5 shall be reserved by Council for the purpose of the
acquisition or development of land for public open space
or other public purposes.
Land dedicated for public use in accordance with this
Regulation 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.
Council may require a strip of land to be reserved and
remain undeveloped along the banks of any river, brook,
pond, lake, or coastline and this land may, at the
discretion of Council, constitute the requirement of the
land for public use under Subsection 7.9.1.
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60
7.10.
Structure in Street Reservation
7.10.1 .
The placing within any street reservation of any structure
(for example, a hydro pole, telegraph or telephone pole,
fire hydrant, mail box, fire alarm, or sign post) 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 .
7.11.
Subdivision Design Standards
7.11 .1.
No permit shall be issued for the development of a
subdivision under these Regulations unless the design of
the subdivision conforms to the following standards:
(a)
The finished grade of local and arterial streets shall
not exceed 10% .
(b)
New subdivisions shall have a street connection
with at least one existing street within the Planning
Area.
(c)
All street intersections shall be constructed within 5
degrees of a right angle and this alignment shall be
maintained for 30 metres from the intersection.
(d)
No street intersection shall be closer than 60
metres to any other street intersection, measured
from the centre of each intersection.
(e)
No more than four (4) streets shall join at any street
intersection.
(f)
No residential street block shall be longer than 400
metres between street intersections, measured
from the centre of each intersection.
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61
Table 7-1 .
(g)
Streets shall conform to the following minimum
standards:
Residential subdivision road standards
Type of Street
Arterial
Collector
Minimum Street
Reservation
30m
20m
Minimum
Pavement
Width
15 m
2m
Discretion of
Council
Local Residential
Service Streets
20m
15 m
7m
9m
1.5 m
Discretion of
Council
(h)
No lot intended for residential purposes shall have a
depth exceeding four times the frontage.
(i)
Council may require any existing natural, historical
or architectural feature or part thereof to be
retained when a subdivision is developed.
U)
Land shall not be subdivided in such a manner as to
prejudice the development of adjoining land.
7.12.
New Flag Lots
7.12.1.
New flag lots shall only be permitted where Council is
satisfied adequate provision has been made for:
(a)
perpetual and unencumbered vehicular access;
(b)
emergency access;
(c)
servicing; and
(d)
screening or other means of ensuring privacy for
lots located between the flag lot and the road .
7.12.2.
The "pole" or "leg" of new flag lots shall be a minimum
width of 6 metres along the entire length.
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62
7.12.3.
The minimum lot area required by the land use zone shall
be provided within the main body of the flag lot; the
"pole" or "leg" of the flag lot shall not be counted for
purposes of lot area.
7 .13.
Dead-end Streets
7.13.1.
Dead-end streets shall be limited to areas where through
street connections are not possible as determined by a
qualified professional.
7.13.2.
Every dead-end street shall be terminated with:
(a)
a turning circle of not less than 26 metres in
diameter; or
(b)
a turning tee with arms extending at least 18 metres
from the centre line of the street.
7.13.3.
The maximum length of any dead-end street shall be:
(a)
200 metres in areas served by or planned to be
served by municipal piped water and sewer
services, as shown in the map and letter of
agreement signed by the Town and the appropriate
provincial Ministers in connection with municipal
five-year capital works program eligibility.
(b)
300 metres in areas not served by or planned to be
served by municipal piped water and sewer
services.
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63
7.14.
Engineer to Design Works and Certify
Construction Layout
7.14.1.
Plans and specifications for all water mains, hydrants,
sanitary sewers, storm sewers and all appurtenances
thereto and all streets, paving, curbs, gutters and catch
basins and all other utilities deemed necessary by Council
to service the area proposed to be developed or
subdivided shall be designed and prepared by or subject
to approval by the Engineer. Such designs and
specifications shall, upon approval by Council, be
incorporated in the plan of subdivision.
7 .14.2.
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 their own cost and in
accordance with the approved designs and specifications
and the construction layout certified by the Engineer, of all
such water mains, hydrants, sanitary sewers, and all
appurtenances and of all such streets and other works
deemed necessary by Council to service the said area.
7.15.
Developer to Pay Engineer's Fees and Charges
7.15.1.
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 as 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.
Twillingate Development Regulations
64
7.16.
Street Works May be Deferred
7 .16.1.
The construction and installation of all curbs and gutters,
catch basins, sidewalks and paving specified by Council as
being necessary, may, at Council's discretion, be deferred
until a later stage of the work on the development of the
subdivision but the developer shall deposit with the Town
before approval of their application, an amount estimated
by the Engineer as reasonably sufficient to cover the cost
of construction and installation of the works.
7.16.2.
In the later stage of the work of development, Council
shall call for tenders for the work of construction and
installation of the works, and the amount so deposited by
the developer shall be applied towards payments of the
contract costs.
7.16.3.
If the contract price is less than the deposit, Council shall
refund the amount by which the deposit exceeds the
contract price. Any amount so deposited with the Town
by the developer shall be placed in a separate savings
account in a bank and all interest earned shall be credited
to the developer.
7.17.
Transfer of Streets and Utilities to the Town
7.17.1.
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
Council for public use as streets, or other rights-of-
way, or for other public use;
(b)
all services or public works including streets, water
supply and distribution and sanitary and storm
drainage systems installed in the subdivision that
are normally owned and operated by Council.
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65
7.17.2.
Before Council shall accept the transfer of lands, services
or public works of any subdivision, the Engineer shall, at
the cost to the developer, test the streets, services and
public works installed in the subdivision and certify their
satisfaction with their installation.
7.17.3.
Council shall not provide maintenance for any street,
service or public work in any subdivision until such time as
such street, service or public work has been transferred to
and accepted by Council.
7.18.
Restriction on Sale of Lots
7.18.1 .
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
that:
(a)
the lot can be served with satisfactory water supply
and sewage disposal systems, and;
(b)
satisfactory access to a street is provided for the
lots.
Twillingate Development Regulations
66
8. Zoning
8.1.
Zones
8.1.1.
8.1.2.
Land within the Twillingate Planning Area is divided into
zones. The extent and boundaries of each zone are shown
on the Zoning Maps attached to these Development
Regulations, as detailed in Schedule 'B'.
The zones, which are contained within designated land
use areas as defined in the Municipal Plan, are:
Residential (RES)
General Commercial (COM)
Gateway Commercial (GC)
Mixed Use (MU)
Institutional (I)
Marine and Industrial (M)
Open Space and Recreation (OS)
Rural (R)
Mineral Workings (MW)
Conservation (C)
Protected Watershed (W)
8.2.
Interpretation of Zone Boundaries
8.2.1.
8.2.2.
The extent and boundaries of zones are shown on
Schedule 'B' of these Regulations and the appropriate
provisions of these Regulations shall apply to each zone.
Boundaries between zones shall be determined as
follows:
(a)
where a zone boundary is indicated as following a
survey line as recorded a deed, the boundary shall
follow that line;
Twillingate Development Regulations
67
(b)
where a zone boundary is indicated as following a
street, private road, or highway, the centreline of
the street, private road, or highway shall be the
boundary unless otherwise indicated;
(c)
where a zone boundary is indicated following a
railway or utility or street reservation, the centreline
of the reservation shall be the boundary unless
otherwise indicated;
(d)
where the 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
shown on Schedule 'B'.
8.3.
Permitted Uses
8.3.1.
Subject to these Regulations, the uses that fall within the
Permitted Use Classes set out in the appropriate use
zones shall be permitted by Council in that use zone.
8.4.
Discretionary Uses
8.4.1.
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 the development would not be
contrary to the general intent and purpose of these
Regulations, the Municipal Plan, or any following
plan or regulations, and to the public interest; and,
(b)
Council has given notice as required in Section 2.14
of these Regulations.
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68
8.5.
Prohibited Uses
8.S.1.
Uses that do not fall within the Permitted or Discretionary
Use or Use Class, or are specifically identified as a
Prohibited Use, shall not be permitted in that use zone.
8.6.
Classification of Land Uses and Buildings
8.6.1.
Part 22 of these Regulations contain a table listing of
classes of uses and provides examples of specific uses for
each use class. Using Part 22, Council can interpret a
proposed use and determine whether it is permitted,
discretionary, or prohibited in the applicable use zone.
Twillingate Development Regulations
69
I
9. Residential (RES) Zone
9 .1.
Permitted Uses
9.2.
Child Care
Conservation
Double Dwelling
Home-based Business
L0dging Establishment
Marine Transportation, excluding Marinas
Recreation Open Space, limited to Parks, Playgrounds,
Playing Fields and Hiking Trails
Secondary Dwelling
Single Dwelling
Urban Agriculture
Utilities
Discretionary Uses
Antenna
Cemetery
Convenience Store ---~-------~
......
Education
Emergency Services
Media Communications
Medical and Professional
Mineral Exploration (development)
Multi-unit Dwelling - 3 or 4 dwelling units
Place of Worship
Row Dwelling - 3 or 4 dwelling units
Special Care
Vacation Rental -·------~------
Wind Turbine
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70
9.3.
Lot Requirements
9.3.1.
Except as otherwise permitted by these Regulations,
Council shall not issue a development permit for a use on
a lot in the Residential (RES) Zone unless the following
requirements are met:
R
.
Single
Row, Double
Multi-unit
All other
eq u1rement
D
11·
D
11·
D
11·
Minimum Lot Area
Minimum Lot Frontage
Minimum Rear Yard
Minimum Side Yard
Maximum Building Height
9.3.2.
9.3.3.
we Ing
we ing
we Ing
uses
400 m2
400 m2/unit
200 m2/ unit
400 m2
10 m
10 m
15 m
12 m
6m
6m
7.5 m
7.5m
2m
2m
2m
2m
10m
10 m
10m
10 m
Notwithstanding Subsection 9.3.1, land zoned Residential
(RES) beyond the municipal servicing boundaries shall be
subject to the following regulations, per dwelling unit:
.
Required
Available Services
L t A
With on-site water supply and
sewage disposal services
Semi-serviced lot where either
water or sewage disposal is
provided off-site.
o
rea
1860 m2
(minimum
lot width of
30 m)
1400 m2
(minimum
lot width
of 23 m)
The Town shall not be required to extend municipal water
or sewer services beyond the municipal servicing
boundary.
9.4.
Convenience Stores - Special Requirements
9.4.1.
Convenience stores shall be permitted as a discretionary
use in the Residential (RES) Zone where:
(a)
the store forms part of, or is attached to a dwelling;
Twillingate Development Regulations
71
(b)
the retail use is subsidiary to the residential
character of the area, and does not affect
residential amenities of adjoining properties; and,
(c)
the store is located on a corner lot.
9.5.
Accessory Buildings - Special Requirements
9.5.1.
Further to Section 3.3. of these Regulations, accessory
buildings in the Residential (RES) Zone shall have a lot
coverage no greater than 50 percent or 80 square metres,
whichever is less, and a height of no more than 6 metres.
9.6.
Secondary Dwellings - Special Requirements
9.6.1.
9.6.2.
9.6.3.
9.6.4.
9.6.5.
9.6.6.
Secondary dwellings shall meet the following
requirements:
(a)
Secondary dwellings within a dwelling shall only be
permitted within single, double, or row dwellings.
(b)
Secondary dwellings located in rear yard shall only
be permitted in the rear yard of a single dwelling, on
lots of at least 350 square metres in area.
A secondary dwelling is not considered a separate main
dwelling, but shall have its own entrance separate from
the main dwelling.
Secondary dwellings shall not exceed a floor area of 80
square metres.
Secondary dwellings shall not be counted towards the
dwelling unit total .
Where permitted, only one (1) secondary dwelling shall be
permitted on a lot.
Notwithstanding other requirements of these
Regulations, secondary dwellings in the rear yard of a lot
shall not exceed 5.5 metres in height.
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72
10. Mixed Use (MU) Zone
10.1.
Permitted Uses
Antenna
Child Care
Conservation
Convenience Stores
Cultwral and Civic
Double Dwelling
General Office
Home-based Business
Indoor Market
Lodging Establishment
Marine Transportation ------------,
Media Communications
Medical and Professional
Multi-Unit Dwelling - 3 or 4 dwelling units
Outdoor Market
Personal Service
Recreation Open Space, excluding Campgrounds
Row Dwelling - 3 dwelling units
Secondary Dwelling ---
Shop - to a maximum of 50 square metres GFA
Single Dwelling
Special Care
Urban Agriculture
Utilities
Twillingate Development Regulations
73
10.2.
Discretionary Uses
Accommodation
Cemetery --~-----~~--------
Education
Emergency Services
Food and Beverage Service -----~~---~
Funeral Home
General Assembly -~~-~--~--~---
Gener a I Service
Medical and Professional
Mineral Exploration (development)
Multi-Unit Dwelling - 5 to 8 dwelling units
Place of Worship ---
Recreation Open Space - Campgrounds
Row Dwelling - 4 to 6 dwelling units
Shop - GFA greater than 50 square metres
Special Care
Take-out Service
Vacation Rental ----------------,
Wind Turbine
Twillingate Development Regulations
74
10.3.
Lot 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 Use (MU) Zone unless the following
requirements are met:
Single Dwelling,
.
Double Dwelling,
Requirement
R
D
11 .
All Other Uses
ow we Ing,
Multi-Unit Dwelling
Minimum Lot Area
300 m2
300 m2
Minimum Lot Frontage
10 m
12 m
Minimum Rear Yard
6m
7.5 m
Minimum Side Yard
2m
Sm
Maximum Building Height
>
On lots between Main
Street and the
Coastline
8m
10 m
>
On all other lots
10 m
12.2 m
10.4. Accessory Buildings - Special Requirements
10.4.1.
Notwithstanding other Regulations, accessory buildings in
the Mixed Use (MU) Zone shall have a lot coverage no
greater than 80 square metres, and a height of no more
than 6 metres.
10.5.
Secondary Dwellings - Special Requirements
10.5.1.
Secondary dwellings shall meet the following
requirements:
(a)
Secondary dwellings within a dwelling shall only be
permitted within single, double or row dwellings.
(b)
Secondary dwellings located in rear yard shall only
be permitted in the rear yard of a single dwelling, on
lots of at least 350 square metres in area.
Twillingate Development Regulations
75
10.5.2.
A secondary dwelling is not considered a separate main
dwelling, but shall have its own entrance separate from
the main dwelling.
10.5.3.
Secondary dwellings shall not exceed a floor area of 80
square metres.
10.5.4.
Secondary dwellings shall not be counted towards the
dwelling unit total.
10.5.5.
Where permitted, only one (1) secondary dwelling shall be
permitted on a lot.
10.5.6.
Notwithstanding other requirements of these
Regulations, secondary dwellings in the rear yard of a lot
shall not exceed 5.5 metres in height.
10.6.
Campgrounds - Special Requirements
10.6.1.
Commercial uses, washroom facilities, laundromats, and
similar facilities, and parking areas and recreational areas
shall not be located adjacent to residential areas.
10.6.2.
All sites and facilities shall be only accessed by the internal
driveway network of the campground.
10.6.3.
The development permit for a campground shall specify
the maximum number of units and sites - in the form of
tents, recreational vehicles, yurts, and so forth - that may
be accommodated on the site at any one time. This
number shall not be exceeded.
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76
11. General Commercial (COM) Zone
11.1.
Permitted Uses
Antenna
Child Care
Conservation
Convenience Store
Cultural and Civic
Food and Beverage Service
Funeral Home
General Office
General Service
Home-based business
Indoor Market
Marine Transportation
Media Communications
Medical and Professional
Outdoor Market
Personal Service
Recreation Open Space, excluding Campgrounds
Shop
Utilities
Twillingate Development Regulations
77
11.2.
11.3.
Discretionary Uses
Accommodation
Cemetery
Education
Emergency Services
General Assembly
Mineral Exploration (development)
Multi-Unit Dwelling - 8 or fewer dwelling units
Place of Worship ------------.---=--.--
Serviee Station
Take-out Service -------------~-
The at re
Veterinary
Wind Turbine
Lot Requirements
11 .3.1.
Except as otherwise permitted by these Regulations,
Council shall not issue a development permit for a use on
a lot in the General Commercial (COM) Zone unless the
following requirements are met:
Requirement
Permitted Uses
Minimum L0t Area
Minimum Lot Frontage
Minimum Rear Yard _____ __.,,__ ___ _
Minimum Side Yard
Maximum Main Building Height
>
On lots between Main
Street and the Coastline
>
On all other lots ---
Maximum Accessory Building Height
400 m2
12 m
7.5 m
Sm
10m
15 m
6m
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78
12. Gateway Commercial (GC) Zone
12.1.
Permitted Uses
Accommodation
Antenna
Conservation
Cultural and Civic
Emergency Services
Food and Beverage Service
General Office
General Service
General Transportation
Home-based Business
Indoor Assembly
Indoor Market
Light Industry
Media Communications
Medical and Professional
Outdoor Market
Personal Service
Recreational Open Space, limited to Parks, Playing
Fields and Hiking Trails.
Shop
Shopping Centre
Single Dwelling - Existing
Theatre
Utilities
Twillingate Development Regulations
79
12.2.
12.3.
Discretionary Uses
Automotive Sales
Cemetery
Child Care --~--------~--~--'
Education
Funeral Home
General Assembly
Lodging Establishment
Mineral Exploration (development)
Multi-unit Dwelling
Place of Worship
Service Station
Take-out Services
Wind Turbine
Lot Requirements
12.3.1 .
Except as otherwise permitted by these Regulations,
Council shall not issue a development permit for a use on
a lot in the Gateway Commercial (GC) Zone unless the
following requirements are met:
Requirement
All Uses
Minimum Lot Size
Minimum Lot Frontage
Minimum Rear Yard
Minimum Side Yard
Maximum Building Height
>
Main Building
>
Accessory Buildings
500 m2
30m
7.5m
10 m
15 m
6m
Twillingate Development Regulations
80
12.4.
Building Placement - Special Requirements
12.4.1.
Notwithstanding other regulations in this document,
development in the Gateway Commercial (GC) Zone shall
also comply with the following regulations:
(a)
Service stations shall only be permitted where the
main building is located between the front lot line
and the fuel pump.
(b)
Main structures shall have at least one fac;ade
parallel and adjacent to the front lot line.
(c)
No illuminated signs, no outdoor loud speaker, nor
any drive-through lanes, shall be located less than
six (6) metres from any adjacent residentially zoned
property.
(d)
No drive-through lane or drive-through window
shall be located between the building and the
street.
(e)
Surface parking shall not be located between the
building and the street unless Council is satisfied
site access and control is adequate to ensure
pedestrian and automobile safety.
(f)
A waste disposal or recycling facility shall not be
located in the front yard, and shall be fully enclosed
and screened from public streets and adjacent
streets.
12.4.2.
Every building shall have at least one identifiable,
convenient and accessible pedestrian entry door that is:
(a)
adjacent to, and visible from a sidewalk or walkway,
providing access to the building from the street
during regular business hours;
(b)
accessible by pedestrians from the sidewalk or front
lot line without the need to cross a parking lot or
drive-through lane; and
(c)
with separate entry doors for residential and
commercial portions of a building.
Twillingate Development Regulations
81
12.5.
Multi-unit Dwellings - Special Requirements
12.5.1.
Except for existing residential structures, residential uses
are not permitted on the ground flood of a building,
except for entrance lobbies, common areas, and
accessory uses.
12.6.
Single Dwellings - Special Requirements
12.6.1.
Single dwellings permitted within this zone shall be limited
to existing single dwellings. Existing dwellings may be
structurally modified, reconstructed, and repaired/ rebuilt
in compliance with the standards of the Residential (RES)
use Zone. Replacement of a single dwelling shall meet the
following requirements:
(a)
The new single dwelling shall be constructed on the
same lot as the original dwelling.
(b)
The single dwelling shall meet the standards of the
Residential (RES) Zone.
(c)
The existing single dwelling shall be demolished
upon occupancy of the new dwelling.
Twillingate Development Regulations
82
13. Institutional (I) Zone
13.1.
13.2.
Permitted Uses
Antenna
Child Care
Conservation
Cultural and Civic
Education
Emergency Services
Medical Treatment
Place of Worship
Recreational Open Space, limited to Playgrounds and
municipally owned facilities and Hiking Trails.
Special Care
Theatre
Urban Agriculture
Utilities
Discretionary Uses
Cemetery
General Assembly
General Transportation
Indoor Assembly
Medical and Professional
Mineral Exploration (development)
Outdoor Assembly
Penal and Correctional Detention
Take-out Service
Wind Turbine
Twillingate Development Regulations
83
13.3.
Lot Requirements
13.3.1 .
Except as otherwise permitted by these Regulations,
Council shall not issue a development permit for a use on
a lot in the Institutional (I) Zone unless the following
requirements are met:
Requirement
All Uses
Minimum Lot Size
Minimum Lot Frontage
Minimum Rear Yard
Minimum Side Yard
Maximum Building Height
>
Main Building
>
Accessory Buildings
500 m2
12 m
10 m
10 m
6m
Twillingate Development Regulations
84
14. Marine and Industrial (M) Zone
14.1.
Permitted Uses
Aquaculture
Cemetery - Existing
Conservation
General Industry
General Transportation
Light Industry
Marine Transportation
Recreational Open Space, limited to Parks,
Playgrounds, Playing Fields and Hiking Trails.
Service Station
Utilities
14.2.
Discretionary Uses
Animal Processing
Antenna
Cannabis Production
General Office
Heavy Industry
Indoor Assembly
Media Communications
Mineral Exploration (development)
Shop
Solid Waste Facility
Wind Turbines
Twillingate Development Regulations
85
14.3.
Lot Requirements
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 Marine and Industrial (M) Zone unless the
following requirements are met:
Requirement
===
All Permitted Uses
Minimum Lot Area
Minimum Lot Frontage
Minimum Rear Yard
2,000 m2
30m
15 m
_______ _, ......... ___,.......,. .................
Minimum Side Yard
>
Main Building
>
Accessory Buildings
Maximum Building Height
>
Main Building
>
Accessory Buildings
15 m
12 m
18 m
6m
14.4. Cannabis Production Facilities - Special
Requirements
14.4.1.
The outdoor commercial cultivation, production, and
processing of cannabis and its derivatives shall be
prohibited.
14.4.2.
Where a lot containing a cannabis production facility abuts
a lot zone or used for residential purposes, daycare,
community centre, school, religious institution, public
park, or playground, such facility shall be set back a
minimum of 70 metres from the abutting lot lines.
14.5.
General Office and Shop - Special Requirements
14.5.1 .
General office and shop uses in the Marine and Industrial
(M) Zone shall only be permitted when associated with a
permitted use.
Twillingate Development Regulations
86
15. Open Space and Recreation (OS)
Zone
15.1.
Permitted Uses
Cemetery - Existing
Conservation
Recreational Open Space, limited to Parks, Hiking
Trails, Playing Fields, Sports Grounds, Campgrounds
up to 10 sites, and Playgrounds
Urban Agriculture
15.2.
Discretionary Uses
15.3.
Antenna
Indoor Assembly
Mineral Exploration (development)
Outdoor Assembly
Take-out Service
Utilities
Wind Turbine
Lot Requirements
15.3.1.
Except as otherwise permitted by these Regulations,
Council shall not issue a devE:_lopment permit for a use on
a lot in the Open Space and Recreation (OS) Zone unless
the following requirements are met:
Requirement
All Uses
Minimum Lot Size
Minimum Lot Frontage
Minimum Rear Yard
Minimum Side Yard
Maximum Building Height
>
Main Building
__ _._,.._,.__~~---
>
Accessory Buildings
500 m2
12 m
10 m
10 m
10 m
6m
Twillingate Development Regulations
87
15.4.
Discretionary Uses - Special Requirement
15.4.1.
The discretionary use classes listed in Section 15.2 may be
permitted provided they are accessory to uses within the
permitted use classes.
15.5.
Campgrounds - Special Requirements
15.5.1.
Commercial uses, washroom facilities, laundromats, and
similar facilities, and parking areas and recreational areas
shall not be located adjacent to residential areas.
15.5.2.
All sites and facilities shall be only accessed by the internal
driveway network of the campground.
15.5.3.
The development permit for a campground shall specify
the maximum number of units and sites - in the form of
tents, recreational vehicles, yurts, and so forth - that may
be accommodated on the site at any one time. This
number shall not be exceeded .
Twillingate Development Regulations
88
16. Rural (R) Zone
16.1.
16.2.
Permitted Uses
Agriculture
Agriculture Related Industries
Antenna
Conservation
Forestry
Recreation Open Space, including Campgrounds up to
20 sites
Utilities
Discretionary Uses
Animal Facility
Antenna
Aquaculture
Cemetery
General Industry
Home-based Business
Land Lease Community
Lodging establishment
Marine Transportation
Mineral Exploration (development)
Media Communications
Outdoor Assembly
Outdoor Market
Place of Worship
Recreation Open Space - Campgrounds with 21 or
more sites
Salvage Yard
Seasonal Residential
Single Dwelling
Solar Collector Systems
Wind Turbine
Twillingate Development Regulations
89
16.3.
Lot Requirements
16.3.1.
Except as otherwise permitted by these Regulations,
Council shall not issue a development permit for a use on
a lot in the Rural (R) Zone unless the following
requirements are met:
R
.
t
Single Dwelling, Seasonal
All O h
U
equIremen
R .d
.
1
t er ses
esI ent1a
Minimum Lot Area
400 m2
3,000 m2
Minimum Lot Frontage
12 m
50m
Minimum Rear Yard
7.5 m
15 m
Minimum Side Yard
2m
15 m
Maximum Building Height
>
Main Building
10 m
15 m
>
Accessory Buildings
6m
12 m
16.4. Agricultural Uses - Special Requirements
16.4.1.
All buildings and manure storage facilities for livestock
operations in the Rural (R) Zone, except those permitted
as under Section 4.15, shall :
(a)
be set back a minimum of 50 metres from any
watercourse or well;
(b)
be set back at least 400 metres from a residence on
surrounding lots; and,
(c)
have a setback of at least 30 metres from all lot
lines. Where the commercial livestock operation is
part of a farm located across multiple lines, the 30-
metre setback shall only apply to lot lines external
to the farm . Zone requirements for minimum
setbacks shall apply to lot lines internal to the farm .
Twillingate Development Regulations
90
16.5.
Land Lease Community - Special Requirements
16.5.1.
A land lease community shall be fully serviced with water
and sewer connected to the municipal water and sewer
system. The cost of installing water and sewer and
connecting them to the municipal water and sewer
system and their on-going maintenance shall be the
responsibility of the developer. Each mobile home shall be
serviced with municipal water and sewer.
16.5.2.
The development and maintenance of site facilities
including underground services, communal areas, and
garbage collection are the responsibility of the land lease
community's developer and/or operator.
16.5.3.
The development and maintenance of access roads and
snow clearance are the responsibility of the land lease
community developer and/or operator.
16.5.4.
A permanent, perimeter buffer of 8.0 metres from lot lines
consisting of natural vegetation shall be maintained along
all boundaries of the land lease community. No structure
or accessory structure shall be located within this buffer.
16.6.
Campgrounds - Special Requirements
16.6.1.
Commercial uses, washroom facilities, laundromats, and
similar facilities, and parking areas and recreational areas
shall not be located adjacent to residential areas.
16.6.2.
All sites and facilities shall be only accessed by the internal
driveway network of the campground.
16.6.3.
The development permit for a campground shall specify
the maximum number of units and sites - in the form of
tents, recreational vehicles, yurts, and so forth - that may
be accommodated on the site at any one time. This
number shall not be exceeded.
Twillingate Development Regulations
91
17. Mineral Workings (MW) Zone
17.1.
Permitted Uses
Antenna
Cemetery - Existing
Conservation
Mineral Exploration (development)
Mineral Working
Solar Collector Systems
Utilities
17.2.
Discretionary Uses
General Industry ---~--~-~--~-~----'
Wind Turbine
17.3.
Mineral Working - Special Requirement
17.3.1 .
All mineral workings, including pits, quarries and mines
shall be subject to the requirements of the appropriate
permit, lease, or license issued by the Mineral Branch,
Department of Industry, Energy and Technology, for
development, operation, decommissioning, and
rehabilitation . Where not addressed in an applicable
provincial permit, lease or license, mineral working uses
shall meet the following requirements at the cost of the
developer:
(a)
A buffer shall be required to screen mineral working
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.
Twillingate Development Regulations
92
(b)
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)
No mineral working or extraction activity shall be
permitted within SO metres of a waterbody or
watercourse.
(d)
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, Climate Change and Municipalities.
(e)
Any mineral working use shall be kept clean of
refuse, abandoned vehicles, and abandoned
equipment and any derelict buildings.
(f)
During extended periods of shutdown, access roads
to a mineral working shall be ditched or barred to
the satisfaction of Council.
(g)
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 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)
Unless Council is satisfied that the working will not
create a nuisance and will not adversely affect the
amenity of the specified development or natural
feature, no mineral working shall be located closer
than the minimum distances set out below to the
specified development or natural feature:
Twillingate Development Regulations
93
Minimum Distance of Pit and
Quarry Workings
Existing or Proposed Residential Development:
>
Where no blasting is involved
>
Where blasting is involved
300m
1000 m
Any other development area or area likely to be
development during the life of the pit or quarry
Public highway or street
Protected Road
Waterbody or watercourse
150 m
S0m
90m
S0m
17.3.2.
Where a permit to conduct a mineral working activity was
issued prior to the adoption of these Regulations, and
where a minimum required distance between uses was
established, the m ineral working activity shall not be
discontinued or impeded where development or zoning
changes encroach upon, or pass beyond the minimum
required distance between uses that was established prior
to the adoption of these Regulations.
17.4 .
Mineral Working Site Rehabilitation - Special
Requirement
17.4.1 .
Upon completion of any mineral working activity, at the
cost of the developer, the developer shall:
(a)
remove all buildings, machinery and equipment,
from the site;
(b)
grade any slopes from the resulting mineral working
activities to less than 20 percent or to the slope
conforming to the existing conditions prior to the
mineral working;
(c)
spread topsoil and any organic material that was
removed over the entirety of the mineral working
area, and hydroseed the area with plant species
native to the Twillingate Planning Area; and,
(d)
ditch or gate the access road to the working area.
Twillingate Development Regulations
94
17.5.
General Industry - Special Requirements
17 .S.1 .
General industry uses may be permitted by Council
provided that the use is restricted to maintenance and
repair of equipment, processing, and storage related to
mineral working uses.
Twillingate Development Regulations
95
18. Conservation (C) Zone
18.1.
Permitted Uses
Cemetery - Existing --~--~-~------'
Conservation
18.2.
Discretionary Uses
Antenna
Recreational Open Space, limited to Parks and Hiking
Trails
Utilities --
Wind Turbine
18.3.
Recreational Open Space - Special Requirements
18.3.1.
Consideration of any development of Parks and Hiking
Trails shall be informed by a rare plant survey conducted
in compliance with the requirements of the Wildlife
Division of the Department of Fisheries and Land
Resources.
Twillingate Development Regulations
96
19. Protected Watershed (W) Zone
19.1.
Permitted Uses
Cemetery - Existing
Conservation
Recreational Open Space, limited to Parks and Hiking
Trials
19 .2.
Discretionary Uses
Antenna
Utilities
Wind Turbine
Twillingate Development Regulations
97
{i
Provincial
Reg. 4(a)
11
Provincial
Reg. 4(b)
dt7
jy
Provincial
Reg. 4(c)
~
Provincial
Reg. 2(a)
20. Definitions
Abattoir means a building or structure specifically designed to accommodate the
penning and slaughtering of farm animals and related primary processing which may
include the on-site packing, treating and storage of product.
Access means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the street.
Accessory Building includes:
1.
a detached subordinate building not used as a dwelling, located on the
same lot as the main building to which it is an accessory and which has
a use that is customarily incidental or complementary to the main use
of the building or land,
ii.
for residential uses, domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetables
storage cellars, shelters for domestic pets or radio and television
antennae,
111.
for commercial uses, workshops or garages, and
iv.
for industrial uses, garages, offices, raised ramps and docks.
Accessory Use means a use that is subsidiary to a permitted or discretionary use and
that is customarily expected to occur with the permitted or discretionary use.
Accommodation means a building or group of buildings not intended for residential use
where sleeping facilities are provided for persons and which may also contain
recreational facilities, commercial use and additional facilities including but not limited to
eating establishments, drinking establishments, room service, meeting rooms, public
convention rooms, and laundry service, but does not include vacation rentals or bed and
breakfast establishments.
Act, unless the context indicate otherwise, means the Urban and Rural Planning Act,
2000.
Agriculture means the use of land, buildings or structures for the cultivation of crops, the
raising and pasturing of farm animals, bee keeping, or the packing, storing and treating of
produce, in accordance with normal farm practices, but does not include Urban
Agriculture uses.
Twillingate Development Regulations
98
r.f
Provincial
Reg. 2(b)
Urban and
Rural Planning
Reg. 2(c)
Agriculture Related Industries means the use of land, buildings, or structures for
processing and storage of agricultural crops; fertilizer production; brewing, wine-making,
and similar uses; the sale of farm produce to the general public; and tourism activities
related to on-site agricultural activities, such as u-picks or hay rides; but excludes the
processing of animals, which is covered by the definition for abattoirs.
Aquaculture means the growing and cultivation of aquatic plants, or fish, for commercial
purposes, in any water environment or on land in human-made containers of water, and
includes the growing and cultivation of shellfish on, in, or under the foreshore or in the
water.
Appeal Board means the appropriate Appeal Board established under the Act.
Applicant means a person who has applied to an authority for an approval or permit to
carry out a development.
Boarding House means a dwelling in which the proprietor supplies either room or room
and board for monetary gain and which is not open to the public.
Bed and Breakfast Establishment means a single dwelling in which there is a resident
owner or resident manager who provides overnight accommodation to the travelling
public and provides at least one meal (usually breakfast, but occasionally other meals as
well) to overnight guests. The bed and breakfast use shall not include provision of meals
to non-guests.
Building means:
I.
a structure, erection, alteration or improvement placed on, over or
under land or attached, anchored or moored to land,
11 .
mobile structures, vehicles and marine vessels adapted or constructed
for residential, commercial, industrial and other similar uses,
111 .
a part of and fixtures on buildings referred to in subparagraphs (i) and
(ii), and
1v.
an excavation of land whether or not that excavation is associated with
the intended or actual construction of a building or thing referred to in
subparagraphs (i) to (iii) .
Twillingate Development Regulations
99
'1fo
Provincial
Reg. 4(d)
~
Provincial
Reg. 4(e)
Building Height means the vertical distance, measured in metres from the established
grade to the:
1.
highest point of the roof surface of a flat roof,
11 .
deck line of a mansard roof, and
iii.
mean height level between the eave and the ridge of a gable, hip or
gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks,
steeples and purely ornamental structures above a roof.
flat roof
mansard roof
gable roof
building
height
Building Line means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that a building may be placed.
Campground means the use of land, or part thereof, for providing an overnight camping
experience to the travelling public in tents, yurts, bunkies, travel trailers, recreational
vehicles, campers, and similar structures and/ or vehicles, but does not include a Land
Lease Community, or Accommodation.
Child Care Facility means a place where children are cared for without overnight
accommodation, but does not include a school.
Commercial means the use of land, buildings or structures for the purpose of buying and
selling commodities and/ or supplying of services as distinguished from uses such as
manufacturing or assembling of goods, warehousing, transportation depots,
construction and other similar uses.
Community Garden means the use of land for garden plots rented out at low or no cost
to community members and may include structures such as tool sheds.
Twillingate Development Regulations
100
Urban and
Rural Planning
Reg. 2(g)
Corner Vision Triangle means t he
area of a corner lot that is enclosed
by a t riangle, the apex of which is the
intersection of the flanking lot line
and the front lot line, two sides of
which triangle are 6 metres in length
measured from said point of
intersection along the said lines and
the base of which triangle is formed
by a straight line joining the said
exterior lot lines at the said points 6
metres from the intersection .
I
---
\ ~---
' \
I
\
Council means the elected Council of the Town of Twillingate.
-------
---
Craft Product means products assembled or made by hand or small custom production
processes including but not limited to potters, pewterers, goldsmiths, silversmiths,
jewelers, toy makers, leather workers, upholsterers, woodworkers, furniture makers,
musical instrument makers, clothing designers and makers, shoemakers, antique
refinishers, glass or stained glass workers, and caterers.
Development means the carrying out of building, engineering, mining or other
operations in, on, over or under land, or the making of a material change in the use, or
the intensity of use of land, buildings or premises and the:
1.
making of an access onto a highway, road or way,
11 .
erection of an advertisement or sign,
111 .
construction of a building,
1v.
parking of a trailer, or vehicle used for the sale of refreshments or
merchandise, or as an office, or for living accommodation,
and excludes the
-
1.
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,
ii.
carrying out by a highway authority of works required for the
maintenance or improvement of a road, being works carried out on
land within the boundaries of the road reservation,
111 .
carrying out by a local authority or statutory undertakers of works for
the purpose of inspecting, repairing or renewing sewers, mains, pipes,
Twillingate Development Regulations
101
\
\
-
£fl__
~lr7
Provincial
Reg. 4(f)
cables or other apparatus, including the breaking open of street or
other land for that purpose, and
1v.
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.
Discretionary Use means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations.
Dwelling means a building containing at least one (1) dwelling unit for human habitation,
which is capable of being occupied as a home or residence, and for greater certainty:
Double Dwelling means a building containing two
(2) dwelling units, placed one above the other, or
side by side, but does not include single dwelling
containing a secondary dwelling.
Grouped Dwelling means two (2) or more
dwellings contained in two (2) or more separate
buildings on a lot.
Multi-unit Dwelling means a building containing
three (3) or more dwelling units, but does no·t
include a row dwelling.
Row Dwelling means a dwelling divided
vertically into three (3) or more dwelling units,
each of which has independent entrances to a
front and rear yard immediately abutting the
front and rear walls of each dwelling unit.
..... ...
........ ..... ........... ..... _
..... ........
Single Dwelling
Row Dwelling
Secondary Dwelling means a dwelling that contains one (1) dwelling unit and is
located on a lot containing a single dwelling, or within a single, double or row
dwelling .
Single Dwelling means a dwelling containing one (1) dwelling unit which is not
attached to another dwelling .
Dwelling Unit means one (1) or more habitable rooms that may be used as a residence
by an independent, separate household, which : has a bathroom for exclusive use of the
household; has a kitchen for the exclusive use of the household; and has a private
entrance from outside the building or from a common hallway or stairway.
Twillingate Development Regulations
102
1P
Provincial
Reg. 4(f)
1P
Provincial
Reg. 4(h)
~
Provincial
Reg. 4(i)
Engineer means a professional engineer, licensed to practice in Newfoundland and
Labrador, employed or retained by the Town .
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 .
Established Grade means:
I.
E]
E]
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
~
~:::,:=::::====~ ~~4-
- highest elevation
ii.
where used in reference to a
structure that is not a
building, the average
elevation of the finished grade
stablished grade
-
- lowest elevation
of the ground immediately surrounding the structure, exclusive of any
artificial embankment or entrenchment.
Existing means legally existing on the specified date or, where no date is specified, as of
the effective date of these Regulations.
Flag Lot means a lot characterized by the main body of
the lot generally to the rear of another lot and with access
provided by a driveway that is part of the flag lot, and that
runs beside the lot or lots between the main portion of
the flag lot and the street or private road that provides
access to the driveway.
Floor Area means the total area of all floors in a building
measured to the outside face of exterior walls.
Frontage means the horizontal distance between side lot lines measured at the building
line.
Twillingate Development Regulations
103
Urban and
Rural Planning
Reg. 2(i)
(ffe?
Provincial
Reg. 4U)
1P
Provincial
Reg. 4(k)
Front Yard Depth means the distance between the front lot line of a lot and the front wall
of the main building on a lot.
Habitable Area means an enclosed area of a building designed and/or used for any
purpose other than parking of vehicles (including boats), building access, or
commercial/industrial storage.
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.
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
Land Lease Community means an establishment comprising of land or premises under
single ownership, designed and intended for residential use, where residences are
primarily in manufactured homes, but does not include public campgrounds. A land lease
community may contain mobile homes, mini homes, two unit mini homes,
manufactured homes and administrative offices necessary for the operation of a land
lease community, but does not include any camping establishments.
Light Industry means the use of any land or buildings for any general industrial use that
can be carried out without hazard or intrusion and without detriment to the amenity of
the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash,
dust, glare or appearance.
Livestock
Livestock, Large means horses, ponies, donkeys, pigs, cows, llamas, ostriches,
emus, and other livestock of similar size, level of waste production, or
temperament.
Livestock, Medium means goats, sheep, turkeys, peacocks, and other livestock of
similar size, level of waste production, and temperament.
Livestock, Small means chickens, ducks, rabbits, geese, and other livestock of
similar size, waste production, and temperament.
Lot means a plot, tract or parcel of land which can be considered as a unit of land for a
particular use or building .
Lot Area means the total horizontal area within the lines of the lot.
Twillingate Development Regulations
104
r}u..
"//7
Provincial
Reg. 4(1)
Lot Coverage means the combined area of all building on a lot measured at the level of
the lowest floor above the established grade and expressed as a percentage of the total
area of the lot.
Lot Line means an outer boundary for a specific lot.
Flanking Lot Line means a lot
line which abuts the secondary
street on a corner lot.
Front Lot Line means the lot
line adjacent to the principal
street or right of way.
Rear Lot Line means the lot line
on the opposite side of the front
lot line.
Side Lot Line means any lot line that is not a front, flankage, or rear lot line.
Main Building means any building in which is carried on the principal purpose for which
the lot is used.
Marine Transportation means the use of land or buildings intended for the storage,.
mooring or the transportation of marine vessels.
Mobile Home means a prefabricated dwelling designed to be transported to a site where
it is to be occupied as a dwelling complete and ready for occupancy, either remaining on
a chassis and wheels or placed on a permanent footing. This definition excludes mini-
homes and other types of pre-cut or multi section assemblies that form a dwelling.
Mineral Exploration means the search for and sampling of materials or quarry materials
where the activity or activities involved meet the definition of "development" under the
Urban and Rural Planning Act, 2000. "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, 7998, 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 activities that do not meet the definition of development, examples of which
typically 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.
Twillingate Development Regulations
105
~
Provincial
Reg. 4(m)
rijfo
Provincial
Reg. 4(n)
r1Jfo
Provincial
Reg. 4(o)
Mineral Working means 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 previously deposited on site, the stockpiling 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 for
(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, 7998. Mineral working does not include
mining but may include mineral 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.
Mining means an operation involving the extraction of a mineral for sale and for which a
mining lease is required under the provincial Mineral Act administered by the
Department of Industry, Energy and Technology. "Mineral" for the purpose of
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.
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.
Office means a room or rooms where business may be transacted, a service performed
or consultation given but shall not include the manufacturing of any product or the retail
selling of goods.
Owner means a person or an organization of persons owning or having the legal right to
use the land under consideration.
Permitted Use means a use that is listed within the permitted use classes set out in the
use zone tables of an authority's development regulations.
Personal Service means a business use involved with the provision of a personal service
to the general public for monetary gain, such as a repair shop, dry cleaning
establishment, barber shop, tattoo shop, or tailor.
Twillingate Development Regulations
106
f
Provincial
Reg. 4(p)
~
Provincial
Reg. 4(r)
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 .
Prohibited Use means use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that an authority specifies as not permitted
within a use zone.
Rear Yard Depth means the distance between the rear lot line and the rear wall of the
main building on a lot.
Recreational Vehicle means a vehicle intended as temporary accommodation for travel,
vacation, or recreational use. Such vehicles may include, but are not limited to, a motor
home, fold-down camping trailer, truck camper, holiday trailer, or fifth wheel travel
trailer, but does not include any vehicle that is derelict.
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.
Salvage means waste or surplus automobiles, transportation vehicles, or industrial
equipment, including any parts or pieces that have been removed, for the purposes of
disposal or future use.
Salvage Yard means any commercial premise where the receipt, storage, sale, resale and
processing of salvage occurs.
Service Station means any land or buildings used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of
automobiles.
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 amusement use, a general
garage, a service station, or a convenience store.
Shopping Centre means a group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing a minimum of
5 retail establishments.
Twillingate Development Regulations
107
1fa
Provincial
Reg. 4(s)
~
~1/
Provincial
Reg. 4(q)
~
Provincial
Reg. 4(t)
f;
Provincial
Reg. 4(u)
Seasonal Residence means a dwelling which is designed or intended for seasonal or
recreational use, and is not intended for use as permanent living quarters.
Side Yard Depth means the distance between the side lot line and the nearest side wall
of a building on the lot.
Sign means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly
as a memorial, advertisements of local government, utilities and boarding or similar
structures used for the display of advertisements.
Ground Sign means a freestanding sign supported by a structure that is
permanently affixed to a foundation.
Sandwich Board Sign means a consisting of two surfaces attached to each other
at the top and designed so as to stand temporarily without foundation or other
support on a lot or sidewalk without electrical or other service connection.
Wall Sign means a sign where the back of the main surface is attached directly to
a building wall, or where the sign is painted on a building wall .
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.
Special Care Use 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.
Street means a street, road, highway or other way designed for the passage of vehicles
and pedestrians and which is accessible by fire department and other emergency
vehicles.
Street Line means the edge of a street reservation as defined by the authority having
jurisdiction.
Twillingate Development Regulations
108
Urban and
Rural Planning
Reg. 2(q)
~
Provincial
Reg. 4(v)
~
Provincial
Reg. 4(w)
1?
Provincial
Reg. 4(x)
Subdivision means the dividing of land, whether in single or joint ownership into 2 or
more pieces for the purpose of development.
Temporary Use means a use established for a limited duration with the intent to
discontinue such use upon the expiration of the time period.
Town means, where the context dictates, either the geographical areas within the Town
of Twillingate or the body corporate of the Town of Twillingate.
Urban Agriculture Use means the use of a structure or land for the keeping of bees as an
accessory use; the keeping of livestock as an accessory use; or the breeding planting,
cultivation or harvesting of plants such as vegetables, fruits, herbs, sprouts and flowers.
Use means a building or activity situated on a lot or a development permitted on a lot.
Use Zone or Zone means an area of land including buildings and water designated on the
zoning map to which the uses, standards and conditions of a particular use zone table
apply.
Vacation Rental means the full- or part-time rental of a single dwelling for durations not
exceeding 28 continuous days.
Variance means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable use
zone Table of the authority's regulations.
Watercourse means any lake, pond, river, stream or other body of water.
Wetland means the land usually or at any time occupied by water, where the water table
is at or is just above the surface of the land either permanently or intermittently,
depending upon the class of the wetland which includes bogs, fens, marshes, swamps
and shallow water zones along shorelines of bodies of water.
Wind Turbine means a machine and supporting structure designed to convert wind
energy into mechanical or electrical energy.
Wind Turbine Height means the vertical distance measured from established grade
to the highest point of the rotor's arc.
Twillingate Development Regulations
109
1~
Provincial
Reg. 4(y)
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.
Front Yard means the yard extending
across the full lot width, between the
front lot line and the nearest wall of
any main structure on the lot.
Rear Yard means the yard extending
across the full lot width, between the
rear lot line and the nearest wall of
any main structure on the lot,
excluding any area of the lot this is a
flanking yard.
Side Yard means the yard between
the front yard and the rear yard, and
between the side lot line and the
nearest wall of any main structure on
the lot.
Flanking Yard means a yard between
any wall of the main building and a
flan king lot line, excluding any areas
of the lot that is a front yard.
I
Abutting Yard
~
0 ---t
Abutting Yard
Abutting Yard means the yard of an abutting lot which shares a lot line of subject
property.
Zoning Map means the map or maps attached to and forming a part of the authority's
regulations.
Twillingate Development Regulations
110
21. Use Class Table
Residential
Division
Use Closs
Single Dwelling
Secondary Dwelling
Double Dwelling
Residential Dwelling Uses
Row Dwelling
Multi-Unit Dwelling
Lodging Establishment
Seasonal Residential
General Residential Uses
Home-based Business
Vacation Rental
Mobile Home
Land Lease Community
Performing Arts
Theatre
Cultural and Civic
General Assembly
Assembly Uses
Twillingate Development Regulations
Examples
>
Single Detached Dwelling
>
Secondary Suite
>
Backyard Dwelling
>
Duplex Dwelling
>
Semi-Detached Dwelling
>
Row Houses
>
Town Houses
>
Residential Complex (3 or
more units)
>
Grouped Dwellings
>
Bed and Breakfast
Establishment
>
Boarding House
>
Supportive Housing
>
Summer Home and Cabin
>
Hunting and Fishing Cabin
>
Bunkie
>
Home-based Business
>
Short Term Rental
>
Mobile Home
>
Mini Home community
>
Mobile Home community
>
Movie Theatres
>
Theatres
>
Art Galleries
>
Libraries
>
Museums
>
Meeting Rooms
>
Arts and Cultural Centres
>
Council Chambers
>
Court Rooms
>
Auditoria
>
Bowling Alleys
>
Community Halls
>
Dance Halls
>
Exhibition Halls
>
Fitness Clubs
>
Gymnasia
>
Lodge Halls
111
>
Colleges and Universities
Education
(non-residential)
>
Private Schools
>
Public Schools
>
Church Halls
Place of Worship
>
Places of worship and
associated community
facilities
>
Crematoria
Funeral Home
>
Funeral Homes and
Chapel
>
Columbaria
>
Day Care Centres
Child Care
>
Nursery Schools
>
Early Childhood Education
Services
Cemetery Uses
>
Cemeteries
>
Arena
>
Armories
Arena Type Uses
Indoor Assembly
>
Ice Rinks
>
Indoor Swimming Pool
>
Recreation Centre
>
Bleachers
>
Grandstands
>
Outdoor Ice Rink and
Open-air Assembly Uses
Outdoor Assembly
Swimming Pool
>
Amusement Parks and
Fair-grounds
>
Outdoor Stadium
>
Outdoor Concert Venue
Twillingate Development Regulations
112
Institutional Uses
Division
Use Class
Examples
>
Prisons
>
Jail
>
Police Stations (with
Penal and Correctional Uses
Penal and Correctional
detention quarters)
Detention
>
Mental health Facility
(with detention quarters)
>
Youth Correctional
Facilities
>
Personal Care Home
Special Care Uses
Special Care
>
Nursing Home
>
Assisted Living
Residential Complex
Medical Treatment Uses
Medical Treatment
>
Hospitals
>
Infirmaries
>
Fire Stations
Emergency Uses
Emergency Services
>
Ambulance Stations
>
Police Station (without
detention quarters)
Commercial Uses
Division
Use Class
Examples
>
Hotel
>
Motel
Accommodation Uses
Accommodation
>
Inn
>
Hostel
>
Tourist Cottages
>
Tourist Cabins
General Office
>
Banks
>
Business Office
>
Clinic
>
Professional Offices
Medical and Professional
>
Medical Offices
>
Dental Office and
Surgeries
>
Barbers
>
Beauty Parlors and Salons
>
Domestic and Household
Arts
Personal Service
>
Hairdresser
>
Pet Grooming
>
Pet Sitting Services
Business, Professional, and
>
Veterinary Clinic
Personal Service Uses
>
Nail Salon
>
Tattoo Parlor
General Service
>
Dry Cleaning Drop-off
>
Laundromats
Twillingate Development Regulations
113
>
Small Tool and Appliance
Service and Repair
>
Radio Stations
Media Communications
>
Telephone Exchanges
>
Television Studios
Shopping Centre
>
Shopping Centres
>
Strip Malls
>
Department Store
Shop
>
Retail Shops
>
Supermarkets
>
Auction Hall
Indoor Market
>
Exhibition Halls
>
Indoor Farmers Market
>
Animal Markets
>
Fish Stalls
Outdoor Market
>
Market Grounds
>
Produce and Fruit Stand
>
Outdoor Farmers Markets
Retail Sale and Display Uses
>
Flea Markets
Automotive Sales
>
Automotive Dealerships
>
Confectionary Stores
Convenience Stores
>
Corner Stores
>
Gift Shop
>
Specialty Shops
>
Restaurants
Food and Beverage Service
>
Bar
>
Lounges
Food and Beverage Uses
>
Catering
Take-out Servke
>
Take-out Restaurant
>
Food Stand
Industrial Uses
Division
Use Closs
Examples
Light, Non-hazardous or Non-
intrusive Industrial Uses
Light Industry
Twillingate Development Regulations
>
Custom Workshops
>
Indoor Storage
>
Parking Garages
>
Recycling Depots
>
Warehouses and
Distribution Centres
>
Wholesale Rooms
>
Light Manufacturing
>
Vehicle and Heavy
Equipment Sales
>
Gardening Supply and
Furniture Outlets
>
Boat and Marine Sales
>
Building Supply and
Masonry Product Sales
114
>
Aggregate-Related
Indust ries
>
Aircraft Hangers
>
Bulk Storage Facilities
>
Cold Storage plants
>
Contractors' Yards
>
Concrete Plants
>
Dry Cleaning Services
General Industry
>
Freight Depots
>
General Garages
>
General Manufacturing
>
Laboratories
>
Laundries
>
Planing Mills
>
Printing Plants
>
Sawmills
General Industrial Uses
>
Large-scale Distilleries
Involving Limited Hazardous
and Breweries
Substances and processes
Cannabis Production
>
Cannabis Production and
Processing
>
Gasoline and Fuel Bar
>
Gasoline and Fuel Service
Service Station
Station
>
Automobile Wash
>
Automotive Repair
>
Bulk Plants for Flammable
Liquids
>
Bulk Storage Warehouse
for Hazardous Substances
>
Chemical Manufacturing
Industry Uses Involving High
or Processing Plant
>
Dry-cleaning Plants
Combustible and Hazardous
Heavy Industry
Feed Mills
Substances and Processes
>
>
Lacquer, Mattress, Paint,
Varnish, or Rubber
Factories
>
Fossil-Fuel Power Plants
>
Spray Painting Operations
>
Wastepaper Processing
Animal Processing
>
Animal Processing
>
Abattoirs
Twillingate Development Regulations
115
Uses Not Directly Related to
Building
Agriculture Uses
Urban Agriculture Uses
Forestry
Mineral Working
Mineral Exploration
( development)
Mining
Recreational Open Space
Conservation
Salvage Yard
Solid Waste Facility
Twillingate Development Regulations
>
Commercial Farms
>
Agricultural Related
Industries
>
Commercial Livestock
Operation
>
Hobby Farms
>
Market Gardens and
Nurseries
>
Community Gardens
>
Bee Keeping
>
Urban Chickens
>
The Small-scale Keeping
of Livestock
>
Silviculture
>
Tree Nurseries
>
Mines
>
OilWells
>
Pits
>
Quarries
>
Mineral exploration
>
Mining
>
Campgrounds
>
Golf Courses
>
Hiking Trails
>
Parks
>
Playing Fields
>
Parks
>
Playgrounds
>
Sports Grounds
>
Tourist Trailer Parks
>
Temporary Food Stand
>
Architectural Historical
Sites
>
Buffer Strips
>
Trails and Boardwalks
>
Scenic Lookout Sites
>
Watersheds
>
Wildlife Sanctuaries
>
Car Wrecking Yards
>
Junk Yards
>
Scrap Yards
>
Scrap Dealers
>
Incinerators
>
Recycling Plant
>
Sanitary Land Fill
116
>
Solid Waste Disposal
>
Animal Pounds
Animal Facility
>
Kennels
>
Zoos
>
Cellular Communication
Towers
Antenna
>
Satellite Dish Antenna
>
Transmitting and
Receiving Masts and
Antennas
>
Infrastructure Directly
Utilities
Related to Sewer, Water
and Electrical Servicing
Wind Turbines
>
Wind Turbines
Aquaculture
>
Aquaculture
>
Airfields
>
Passenger Stations and
General Transportation
Depots
>
Taxi Stands
>
Railway Yards
>
Boathouses
Marine Transportation
>
Docks and Harbours
>
Wharves
>
Marinas
Solar Collector
>
Solar Collector
Twillingate Development Regulations
117
22. Schedules
Schedule 'A'
Planning Area
Schedule 'B'
Zoning Map
Schedule 'C'
Provincial Development Regulations
Schedule 'D'
Road Categorization
Twillingate Development Regulations
118
Schedule 'A' - Planning .Area
Twillingate Development Regulations
119
Twillingate Planning Area
LEGEND
-
Twillingate Planning Area
SCHEDULE
A
SCALE
280
560 m
1: 50,000
MINISTER
LAST UPDATED
8/10/2021
NORTH
0
PROJ.
NAD83 CSRS
MTM 1
DATA SOURCE
canVec, Gov't of Nfld,
Town of Twlllingate
PROFESSIONAL CERTIFICATION
.
~
certify that this Municipal Pia~ for the Town of _
/
ill!ngate has been prepared in accordance with the
.
requirements of the Urban and Aural Planning Act, 2000.
N~·~;jJ,iy·~~---·· .....
~#1}7
Ian Watson, MCIP, LPP
-
UP L_. ND
-----------------
63 King Street
Dartmouth, Nova Scotia
B2Y 2A7
9
--~----
20 2/
P LANNING -
D ESI GN STUOIO
[email protected]
Day
Month
Year
+ 1 902 423 0649
Twillingate Development Regulations
120
Schedule 'B' - Zoning Map
Twillingate Development Regulations
121
Twillingate Zoning
SCHEDULE
LAST UPDATED
PROJ.
B
8/10/2021
NADB3 CSRS
MTM 1
SCALE
NORTH
DATA SOURCE
280
560 m
1: 50,000
0
CanVec, Gov't of Nfld,
Town of Twillingate
f°cv;l·t~-~~s;'~;~-~dmcnt
I
Number
'S · 'lo 2..
Date-4,,.A~ ¼~:..._i...:+--
l-(;;:r~-;-.-
MINISTER
... 9..
Day
.M~
......... ·--~~ 2.1
LEGEND
RES
Residential
-
-
COM
General Commercial
-
-
MU
Mixed Use
-
GC
Gateway Commercial
-
-
Institutional
-
-
OS
Open Space and Recreation
PROFESSIONAL CERTIFICATION
I certify that this Munlcipal p:~:~c~:,J~:C: ~ith the
Twillingate has been prepared Rural Planning Act, 2000:
UJrements of the Urban an
UPLAND
PLAN NING ~ O ES IC N S TU DIO
63 King Street
.
Dartmouth, Nova Scotia
B2Y 2R7
[email protected]
+ 1 902 423 0649
M
Marine and Industrial
MW
Mineral Workings
R
Rural
w
Protected Watershod
C
Conservation
Twillingate Development Regulations
122
Schedule 'C' - Provincial Development
Regulations
Short title
1. These regulations may be cited as the Development Regulations.
Definitions
2. In these regulations,
(a) "Act", unless the context indicate otherwise, means the Urban and
Rural Planning Act, 2000;
(b) "applicant" means a person who has applied to an authority for an
approval or permit to carry out a development;
(c) "authority" means a council, authorized administrator or regional
authority; and
(d) "development regulations" means these regulations and
regulations and by-laws respecting development that have been
enacted by the relevant authority.
Application
3. (1) These regulations shall be included in the development regulations
of an authority and shall apply to all planning areas.
(2) Where there is a conflict between these regulations and
development regulations or other regu lations of an authority, these
regulations shall apply.
(3) Where another Act of the province provides a right of appeal to the
board, these regulations shall apply to that appeal.
Interpretation
4. (1) In development regulations and other regulations made with
respect to a planning area the following terms shall have the
meanings indicated in this section
Twillingate Development Regulations
123
(a) "access" means a way used or intended to be used by vehicles,
pedestrians or animals in order to go from a street to adjacent or
nearby land or to go from that land to the street;
(b) "accessory building" includes
(i) a detached subordinate building not used as a dwelling,
located on the same lot as the main building to which it is an
accessory and which has a use that is customarily incidental or
complementary to the main use of the building or land,
(ii) for residential uses, domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetables
storage cellars, shelters for domestic pets or radio and television
antennae,
(iii) for commercial uses, workshops or garages, and
(iv) for industrial uses, garages, offices, raised ramps and docks;
(c) "accessory use" means a use that is subsidiary to a permitted or
discretionary use and that is customarily expected to occur with the
permitted or discretionary use;
(d) "building height" means the vertical distance, measured in metres
from the established grade to the
(i) highest point of the roof surface of a flat roof,
(ii) deck line of a mansard roof, and
(iii) mean height level between the eave and the ridge of a gable,
hip or gambrel roof,
and in any case, a building height shall not include mechanical
structure, smokestacks, steeples and purely ornamental structures
above a roof;
(e) "building line" means a line established by an authority that runs
parallel to a street line and is set at the closest point to a street that a
building may be placed;
(f) "discretionary use" means a use that is listed within the
discretionary use classes established in the use zone tables of an
authoritys development regulations;
(g) "established grade" means,
Twillingate Development Regulations
124
(i) where used in reference to a building, the average elevation of
the finished surface of the ground where it meets the exterior or the
front of that building exclusive of any artificial embankment or
entrenchment, or
(ii) where used in reference to a structure that is not a building,
the average elevation of the finished grade of the ground immediately
surrounding the structure, exclusive of any artificial embankment or
entrenchment;
(h) "floor area" means the total area of all floors in a building measured
to the outside face of exterior walls;
(i) "frontage" means the horizontal distance between side lot lines
measured at the building line;
U) "lot" means a plot, tract or parcel of land which can be considered
as a unit of land for a particular use or building;
(k) "lot area" means the total horizontal area within the lines of the lot;
(I) "lot coverage" means the combined area of all building on a lot
measured at the level of the lowest floor above the established grade
and expressed as a percentage of the total area of the lot;
(m) "non-conforming use" means a legally existing use that is not listed
as a permitted or discretionary use for the use zone in which it is
located or which does not meet the development standards for that
use zone;
(n) "owner" means a person or an organization of persons owning or
having the legal right to use the land under consideration;
(o) "permitted use" means a use that is listed within the permitted use
classes set out in the use zone tables of an authoritys development
regulations;
(p) "prohibited use" means a use that is not listed in a use zone within
the permitted use classes or discretionary use classes or a use that an
authority specifies as not permitted within a use zone;
(q) "sign" means a word, letter, model, placard, board, device or
representation, whether illuminated or not, in the nature of or
employed wholly or in part for the purpose of advertisement,
announcement or direction and excludes those things employed
wholly as a memorial, advertisements of local government, utilities
Twillingate Development Regulations
125
and boarding or similar structures used for the display of
advertisements;
(r) "rear yard depth" means the distance between the rear lot line and
the rear wall of the main building on a lot;
(s) "side yard depth" means the distance between the side lot line and
the nearest side wall of a building on the lot;
(t) "street" means a street, road, highway or other way designed for
the passage of vehicles and pedestrians and which is accessible by
fire department and other emergency vehicles;
(u) "street line" means the edge of a street reservation as defined by
the authority having jurisdiction;
(v) "use" means a building or activity situated on a lot or a
development permitted on a lot;
(w) "use zone" or "zone" means an area of land including buildings and
water designated on the zoning map to which the uses, standards
and conditions of a particular use zone table apply;
(x) "variance" means a departure, to a maximum of 10% from the yard,
area, lot coverage, setback, size, height, frontage or any other
numeric requirement of the applicable Use Zone Table of the
authoritys regulations; and
(y) "zoning map" means the map or maps attached to and forming a
part of the authoritys regulations.
(2) An authority may, in its discretion, determine the uses that may or
may not be developed in a use zone and those uses shall be listed in
the authoritys regulations as discretionary, permitted or prohibited
uses for that area.
Notice of right to appeal
S. Where an authority makes a decision that may be appealed under
section 42 of the Act, that authority shall, in writing, at the time of
making that decision, notify the person to whom the decision applies
of the
(a) persons right to appeal the decision to the board;
(b) time by which an appeal is to be made;
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126
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the
appeal.
Appeal requirements
6. (1) The secretary of the board at the Department of Municipal and
Provincial Affairs, Main Floor, Confederation Building (West Block),
P.O. Box 8700, St. Johns, Nfld ., A 1 B 4J6 is the secretary to all boards
in the province and an appeal filed with that secretary within the time
period referred to in subsection 42(4) of the Act shall be considered
to have been filed with the appropriate board.
(2) Notwithstanding subsection (1 ), where the City of Corner Brook,
City of Mount Pearl or City of St. Johns appoints an appeal board
under subsection 40(2) of the Act, an appeal shall be filed with the
secretary of that appointed board .
(3) The fee required under section 44 of the Act shall be paid to the
board that hears the decision being appealed by filing it with the
secretary referred to in subsection (1) or (2) within the 14 days
referred to in subsection 42(4) of the Act.
( 4) The board that hears the decision being appealed shall, subject to
subsection 44(3) of the Act, retain the fee paid to the board.
(5) Where an appeal of a decision and the required fee is not received
by a board in accordance with this section and Part VI of the Act, the
right to appeal that decision shall be considered to have been
forfeited.
Appeal registration
7. (1) Upon receipt of an appeal and fee as required under the Act and
these regulations, the secretary of the board as referred to in
subsections 6(1) and (2), shall immediately register the appeal.
(2) Where an appeal has been registered the secretary of the board
shall notify the appropriate authority of the appeal and shall provide
to the authority a copy of the appeal and the documentation related
to the appeal.
(3) Where an authority has been notified of an appeal that authority
shall forward to the appropriate board a copy of the application being
appealed, all correspondence, council minutes, plans and other
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127
relevant information relating to the appeal including the names and
addresses of the applicant and other interested persons of whom the
authority has knowledge.
(4) Upon receipt of the information under subsection (3), the
secretary of the board shall publish in a newspaper circulated in the
area of the appropriate authority, a notice that the appeal has been
registered.
(S) A notice published under subsection (4) shall be published not
fewer than 2 weeks before the date upon which the appeal is to be
heard by the board.
Development prohibited
8. (1) Immediately upon notice of the registration of an appeal the
appropriate authority shall ensure that any development upon the
property that is the subject of the appeal ceases.
(2) Sections 102 and 104 of the Act apply to an authority acting under
subsection (1 ).
(3) Upon receipt of a notification of the registration of an appeal with
respect to an order under section 102 of the Act, an authority shall
not carry out work related to the matter being appealed.
Hearing notice and meetings
9. (1) A board shall notify the appellant, applicant, authority and other
persons affected by the subject of an appeal of the date, time and
place for the appeal not fewer than 7 days before the date scheduled
for the hearing of the appeal.
(2) A board may meet as often as is necessary to conduct its work in
an expeditious manner.
Hearing of evidence
10. (1) A board shall meet at a place within the area under its jurisdiction
and the appellant and other persons notified under subsection 9(1) or
their representative may appear before the board and make
representations with respect to the matter being appealed .
(2) A board shall hear an appeal in accordance with section 43 of the
Act and these regulations.
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128
(3) A written report submitted under subsection 43(2) of the Act
respecting a visit to and viewing of a property shall be considered to
have been provided in the same manner as evidence directly provided
at the hearing of the board.
(4) In the conduct of an appeal hearing, the board is not bound by the
rules of evidence.
Board decision
11 . A decision of the board must comply with the plan, scheme or
development regulations that apply to the matter that has been
appealed to that board.
Variances
12. (1) Where an approval or permit cannot be given by an authority
because a proposed development does not comply with
development standards set out in development regulations, an
authority may, in its discretion, vary the applicable development
standards to a maximum of 10% if, in the authoritys opinion,
compliance with the development standards would prejudice the
proper development of the land, building or structure in question or
would be contrary to public interest.
(2) An authority shall not allow a variance from development
standards set out in development regulations if that variance, when
considered together with other variances made or to be made with
respect to the same land, building or structure, would have a
cumulative effect that is greater than a 10% variance even though the
individual variances are separately no more than 10% .
(3) An authority shall not permit a variance from development
standards where the proposed development would increase the non
conformity of an existing development.
Notice of variance
13. Where an authority is to consider a proposed variance, that authority
shall give written notice of the proposed variance from development
standards to all persons whose land is in the immediate vicinity of the
land that is the subject of the variance.
Residential non conformity
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129
14. A residential building or structure referred to in paragraph 108(3)(g) of
the Act must, where being repaired or rebuilt, be repaired or rebuilt in
accordance with the plan and development regulations applicable to
that building or structure.
Notice and hearings on change of use
15. Where considering a non conforming building, structure or
development under paragraph 108(3)(d) of the Act and before making
a decision to vary an existing use of that non-conforming building,
structure or development, an authority, at the applicants 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-confor_ming building, structure or development and shall
consider any representations or submissions received in response to
that advertisement.
Non-conformance with standards
16. Where a building, structure or development does not meet the
development standards included in development regulations, the
building, structure or development shall not be expanded if the
expansion would increase the non-conformity and an expansion must
comply with the development standards applicable to that building,
structure or development.
Discontinuance of non-conforming use
17. An authority may make development regulations providing for a
greater period of time than is provided under subsection 108(2) of the
Act with respect to the time by which a discontinued non-conforming
use may resume operation.
Delegation of powers
18. An authority shall, where designating employees to whom a power is
to be delegated under subsection 109(3) of the Act, make that
designation in writing .
Commencement
19. These regulations shall be considered to have come into force
on January 1, 2001 .
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130
Schedule 'D' - Road Categorization
Provincial Roods
Main Roods
Intermediary Roods
Side Roods
>
Highway 340
>
Main Street
(South Side) -
Intersection of
Main Street and
Highway 340 to
Blow Me Down
Lane.
Twillingate Development Regulations
>
Back Harbour Road
>
Anstey Lane
>
Dock Road
>
Baggs Lane
>
Drong's Hill
>
Barracks Hill
>
Farmers Arm Road
>
Batrix Path
- Between Long
Road and Howlett
Road
>
Froude's Hill
>
Howletts Road
>
Hugh Lane
>
Gillesporte Road
>
Museum Road
>
Ochre Pit Road
>
Path End
>
Park Road
>
Wild Cove Road
>
Sunset Crescent
>
Upper Jenkins
Cove Road
>
Wood Street
>
Scotts Lane
>
Young's Lane
>
Blacklers Lane
>
Blakes Hill
>
Blandfords Lane
>
Blow Me Down
Lane
>
Butts Lane
>
Bridgers Lane
>
Browneys Cove
Road
>
Carters Head
>
Cat Cove Road
>
Church Lane
>
Churchills Pond
Lane
>
Coopers Lane
>
Cove Road
>
"Dalleys Lane"
>
Earles Lane
>
Farmers Arm Road -
After Howlett Road
>
Froude's Lane
>
Garden Lane
>
Gillards Lane
>
Grimes St.
>
Haywards Lane
>
Hodges Hill
>
Hulls Lane
>
Hynes Lane
>
lngs Lane
>
Knotts Lane
>
Long Lane
>
Long Road
>
Legges Hill South
>
Legges Hill North
>
Meadow Lane
>
Mintys Farm Road
>
Newmans Hill
>
Old House Cove
Road
>
Oxfords Lane
>
Parsons Lane
131
Provincial Roods
Main Roods
Intermediary Roods
Side Roods
Twillingate Development Regulations
>
Peytons Road
>
Pippys Lane
>
Plant Road
>
Point Road
>
Pride's Drong
>
Primmer Lane
>
Randells Lane
>
Robin's Cove Road
>
Simms Lane
>
Sharpes Lane
>
Shore Road
>
Skinners Lane
>
Slades Lane
>
Smiths Lane
>
Smiths Lookout
>
St. Peters Church
Road
>
Stockleys Hill
>
Stuckless Lane
>
Tickle Point Road
>
Vinehams Lane
>
Watkins Lane
>
Wells Lane
>
Whitehornes Hill
>
Whites Hill
>
Youngs Point
132