Town of Upper Island Cove Development Regulations 2011-2021
Upper Island Cove, Newfoundland and Labrador
· adopted 2012-08-24
This is the exact embedded text of the captured official document.
Snapshot 547a0e893c59 · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
TOWN OF
UPPER ISLAND COVE
DEVELOPMENT REGULATIONS
: MPORTANT: To see if there were any changes to
this plan since it came into effect, please refer to:
List of Development Regulation Amendments
TOWN OF UPPER ISLAND COVE
DEVELOPMENT REGULATIONS
2011 - 2021
PLAN-TECH
;,-;)::
·.
~~
ENVIRONMENT
Mm icipal Pl:rn/Amendmc11!
Dev elopm cnt He,gn la tion,/;\ melldmru 1
lEG TI§lilEHJE ff))
1~ IE GJ S l' lE il~ lE [))
--·---
Datc-1.~~~~l.§.~~~.....E~
Sign a tu 1 c _-t,,..~~z,e;==--Tf3WI
MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS 2011-2012
Under the authority of section 16, section 17 and section 18 of the Urban and
Ru al Planning Act 2000, the Town Council of Upper Island Cove.
a)
Adopted the Upper Island Cove Municipal Plan and Development
Regulations 2011-2012 on the 2nd day of April, 2012,
b)
Gave notice of the adoption of the Town of Upper Island Cove Municipal
Plan and Development Regulations 2011-2012 by advertisement inserted
on the 1yth day and the 241h day of April, 2012 in The Compass
newspaper.
c)
Set the 3rd day of May at 7:30 p.m. at the Town Office, Upper Island Cove
for the holding of a public hearing to consider objections and submissions,
Now under section 23 of the Urban and Rural Planning Act 2000, the Town
ncil of Upper Island Cove approved the Town of Upper Island Cove Municipal Plan
Development Regulations 2011-2012 as adopted (or as amended).
#-
SIGNED AND SEALED this Ji_ day of--fl''Fl.M,,:.:.;_,. __ , 2012
Ma or:
(Council Seal)
Cle k:
URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF UPPER ISLAND COVE
MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS 2011-2012
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
To n Council of Upper Island Cove adopts the Upper Island Cove Municipal Plan and
De elopment Regulations 2011-2012,
Adopted by the Town Council of Upper Island Cove on the 2"d day of April, 2012.
Sigooo '"' ~a~d thi- \ q JI, doy of ~ V,,...,
, 2012.
Ma or:
(Council Seal)
Cle k:
CA ADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Town of Upper Island Cove Municipal Plan and
De elopment Regulations 2011-2012 has been prepared in accordance with the
req irements of the Urban and Rural Planning Act.
Mimicip~il rlan/Amenc!ment
!RJEGi§1'[J1ED
"'i umber .1*~:.2-7-'¥.w;~;-"'-'
na tc -l~~'?'l~LJ.L:;-'"'"
TABLE OF CONTENTS
Re ulation
Page#
APPLICATION
I.
Shon ritlc
2.
Interpretation ··- ······-·-········································
3.
Com1nencement . ...................... ···-···········-·-·····················
4.
Municipal Code and Regulations
5.
Authority ............................................ .
PART I-GENERAL REGULATIONS
6.
Compliance with Regulations ......... .
. ..................................................................................................... 2
7.
Permit Required
. ....... , ............................................ 2
8.
Permit to be Issued ........................................................................................................................................ 2
9.
Pem1it Not to be Issued in Cenain Cases ...................................................................................................... 2
10.
Discretionary Powers of Authority ............................................................................................................... 3
11.
Variances ..................................................................................................................................................... 3
12.
Notice of Variance ......................................................................................... , .............................................. 4
13.
Service Levy ...
. .... 4
14.
Financial Guarantees by Developer ............ ., ............................................... .
15.
Dedication of Land for Public Uses
"
16
Reinstatement of Land ................. .
(;
J-orm of Applicauon
18.
Register of Application ............................................................................................ .
TABLE OF CONTENTS
19.
Deferment of Application ............................................................................................................................ 7
20.
Approval in Principle ................................................................................................................................... 7
21.
Development Permit ................................................................ .
. ........................................................... 8
22.
Reasons for Refusing Pcmlit ............................. .
9
23.
Notice of !Ught to Appeal ................................................................................................................... .
10
24.
Appeal Requirements ................................................................................................................................... I 0
25.
Approval Registration ............................... .
. ..................................................................................... 11
26.
Development Prohibited ............................................................................................................................... 11
2 7.
Appeal Board ................................................................................................................................................ 12
28.
Appeals ......................................................................................................................................................... 12
29.
!!earing, Notice and Meetings ........................................................................................................................ 14
30.
Hearing of Evidence .......................................................................... .
. ................................................ 14
31.
Rerum of Appeal Fee .................................................................................................................................. 15
32.
Notice of Application .................................................................................................................................... 15
33.
Right of Entry ..... .................. . ... ...... ........................ ..... ..... .... ................ .......... ........................................ 15
34.
Record of Violations .................................................................................................................................. 16
35.
Stop Work Order and Prosecution ............................................................................................................ 16
36.
Delegation of Power .......................... , ................... .............................. .
.............................................
16
PART II - GENERAi., DEVELOPMENT STANDARDS
37.
Accesses and Service Streets .... ,. ... ,. ... ., ....
38.
Accessory Ruildlngs ................................. .
39.
Advertisen1ent5 ................................................................................................. .
40.
Buffer Strips ...................................... ..
I - '.
17
TABLE OF CONTENTS
41.
Building Height ....................................... .................................................................................................... 1 8
42.
Building Line and Setback ........................................................................................................................ 18
43.
Family and Group Care Centres ................................................................................................................. 19
44.
Height Exceptions ............................ .
······························· 19
45.
Livestock Structures and Uses
19
46.
Lot Area ........................................................................................................................ .
. ............. 20
47.
Lot Area and Size Exceptions ................................................................................................................... 20
48.
Lot Frontage ............................................................................................................................................... 2 I
49.
Non-Conforming Uses ................................................................................................................................ 21
50.
Offensive and Dangerous Uses .................................................................................................................. 23
51.
Off-street Parking Requirements .............................................. .
. ..................................... 23
52.
OfT-strcet Loading Requirements ................................................................................................................ 25
53.
Parks and Playgrounds and Conservation Uses ........................................................................................... 25
54.
Screening and Landscaping ......................................................................................................................... 25
55.
Services and Public Utilities ....................................................................................................................... 26
56.
Service Stations ......................................................................................................................................... 26
57.
Sideyards ..................................................................................................................................................... 26
58.
Street Construction Standards ..................................................................................................................... 27
59.
Subsidiary Apartments ......
. .............. 27
60.
Unsubdivided Land ............................................................... .
61
Zero Lot Line and Other Comprehensive Development .. .,.,,,. ..... ,.
PART Ill - ADVERTISEMENTS
62.
Permit Required ........................................................................................................................................... 28
TABLE OF CONTENTS
63.
Fom of Application .................................................................................................................................. 28
64.
Advertisements Prohibited in Street Reservation ....................................................................................... 28
65.
Permit Valid for Limited Period ................................................................................................................... 28
66.
Removal of Advertisements ....................................................................................................................... 28
67.
Advertisements Exempt from Control ....................................................................................................... 29
68.
Approval Subject to Conditions ................. .
·················································································· 30
69.
Non-Conforming Uses ..................................................................................................................... 30
PART IV - SlJllDlVISION OF LAND
70.
Permit Required .................................................................................................................................. .
30
7 l.
Services to be Provided ........................................................................................................................ .
30
72.
Payment of Service Levies and Other Charges ................................... .
. ........................................ 31
73.
Issue of Permit Subject to Considerations ............................................................................................. 31
74.
Building Pemits Required .......................................................................................................................... 32
75.
Fonn of Application .................................................................................................................................... 32
76.
Subdivision Subject to Zoning .......................................... ······'"······················· ......................................... 32
77.
Building Lines ......................................................................................................................... .
'7
········-··· .'.l~
78.
Land for Public Open Space ................................................................................................ .
,,
................ j..:;,
79.
Structure in Street Reservation ........................ .
80.
Subdivision Design Standards ...
81.
L.nginecr to Design Works and Certify C.onstruction Layoul .......... ., .... " .... ,,""
82.
Developer to Pay Engineer's Fees and Charge' ................... .
83.
Street Works May be Lleferred ......................................................................... .
84.
Transfer of Street<; and Utilities to Authority .................................................................. .
TABLE OF CONTENTS
8 .
Restriction on Sale of Lots .......................................................................................................................... 38
8 .
Grouping of Dwellings and Landscaping .................................................................................................... 38
8
8
89
90
PART V - USE ZONES
Use Zones ................................................................................................................................................. 39
Use Classes ............................................................................................................................................. 39
Pennirted Uses .................................................................................................................................... 39
Discretionary Uses .................................................................................................................................... 40
91
Uses Not Permitted ..................................................................................................................................... 41
SCHEDULES
S . HEDULE A: Definitions
s
s
Classification of Uses of Land and Buildings
C: Use Zone Tables
D: Off-Street Parking Requirements
EDULE E: Land Use Zoning Maps
Ap /ication
Pllge I
TOWN OF UPPER ISLAND COVE MUNICIPAL PLAN
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Upper Island Cove Development Regulations.
2. Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to
them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings which arc
commonly assigned lo them in the context in which they are used in the
Regulations.
3. Commencement
These Regulations come into effect throughout the Upper Island Cove Municipal
Planning Arca, hereinafter referred to as the Planning Area, on the date of publication of a
notice to that effect in the Newfoundland and Labrador Gazette.
4.
unicipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code. and
any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or
any other municipal regulations regulating or controlling the development. conservation
and use of land in force in the Town of Upper Island Cove. shalL under these Reg:uiauon.c
apply to the entire Planning Area.
5.
uthority
In these Regulations. "Authority" means the Council of the Town of Upper Island Cove.
PART I - GENERAL REGULATIONS
6. Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance
ith
these Regulations.
7. Permit Required
No person shall carry out any development within the Planning Area except w ere
otherwise provided in these Regulations unless a permit for the development has ccn
issued by the Authority.
8. Permit to be Issued
Subject to Regulations 9 and I 0, a permit shall be issued for development within the
Planning Area that confonns to:
(a)
the general development standards set out in Part JI of these Regulations, the
requirements of Part V of these Regulations, and the use classes, stand ds,
requirements, and conditions prescribed in Schedule C of these Regulations for
the use zone in which the proposed development is located;
(b)
the standards set out in the Building Code and/or other ancillary codes, and
y
Building Regulations, Waste Disposal Regulations, and/or any other munic pal
regulation in force in the Planning Area regulating or controlling developm m,
conservation and use ofland and buildings:
( c)
the standards set out in Part lII of these Regulations in the case of advertiseme ;
( d)
the standards set out in Part IV of these Regulations in the case of subdivision:
(e)
the standards of design and appearance established by the Authority.
Par I - Gc11eral Regulations
3
9.
ermit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development withln the
Planning Area when, in the opinion of the Authority, it is premature by reason of the site
lacking adequate road access, power, drainage, sanitary facilities, or domestic water
supply, or being beyond the natural development of the area at the time of application
unless the applicant contracts to pay the full cost of construction of the services deemed
necessary by the Authority and such cost shall attach to and upon the property in respect
of which it is imposed.
10 Discretionary Powers of Authority
(1)
Tn considering an application for a permit or for approval in principle to carry out
development, the Authority shall take into account the policies expressed in the
Municipal Plan and any fi.Jrther scheme, plan or regulations pursuant thereto, and
shall assess the general appearance of the development of the area, the amenity of
the surroundings, availability of utilities, public safety and convenience, and any
other considerations which arc, in its opinion, material, and notwithstanding the
conformity of the application with the requirements of these Regulations, the
Authority may, in its discretion, and as a result of its consideration of the matters
set out in this Regulation, conditionally approve or refosc the application.
(2)
An authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the authority's
regulations as discretionary, permitted or prohibited uses for that area
11 Variances
( 1)
Where an approval or pennir caimot be given by the Authority because a proposed
development does not comply with development standards set out in development
regulations, the Authority may, in its discretion, vary the applicable development
standards to a maximum of 10% if. in the authority's opinion, compliance with
Part I - General Regulations
4
Lhe development standards would prejudice the proper development of the and,
building or structure in question or would be contrary to public interest.
(2)
The Authority shall not allow a variance from development standards set o t in
development regulations if that variance, when considered together with ther
variances made or to he made with respect to the same land, building or struc ure,
would have a cumulutive effect that is greater than a 10% variance even th ugh
the individual variances are scpamtely no more than 10%.
(3)
The Authority shall not permit a variance from development standards whe
the
proposed development would increase the non conformity of an exi ting
development.
12. Notice of Variance
Where the Authority is to consider a proposed variance, the Authority shall give wr
notice of the proposed variance from development standards to all persons whose la
is
in the immediate vicinity of the land that is the subject of the variance, and allo
a
minimum period of 7 days for response.
13. Service Levy
(1)
The Authority may require a developer to pay a service levy where developme t is
made possible or where the density of potential development is increased or
where the value of property is enhanced hy the carrying out of public works ei 1cr
on or off the site ol'the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including fina ce
charges to the Authority of constructing or improving the public works refen-e to
in Regulation 13(1) that are necessary for the real property to be develope m
Par I - <ieherul RegulatiohS
5
accordance with the standards required by the Authority and for uses that are
permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefited by the public works related to all the
real property so benefited; and,
(b)
the density of development made capable or increased by the public work.
(4)
The Authority may require a service levy to be paid by the owner of the real
property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real property commences;
(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
14 Financial Guarantees by Developer
(1)
The Authority may require a developer before conuncncing a development Lo
make such financial provisions and/or enter into such agreements as may be
required to guarantee the payment of service levies, ensure site reinstatement, and
to enforce the carrying out of any other condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in Lhe fonn
of:
(a)
a cash deposit from the developer. to be held by the Authority. or:
(b)
a guarantee by a bank, or other institution acceptable to the Minister. for
expenditures by the developer, or:
( c)
a performance bond provided by an insurance company or a bank, or;
(d)
an annual contribution to a sinking fund held by the Authority, or;
(t)
another form of financial guarantee that the Authority may approve.
Part I - General Regulations
6
lS. Dedication of Land for Pnblic Use
In addition to the requirements for dedication of land under Regulation 78, the Auth rity
may require the dedication of a percentage of the land area of any subdivision or o her
development for public use, and such land shall be conveyed lo the Authoril
m
accordance with the provisions or the Act.
16. Reinstatement of J,and
Where the use of land is discontinued or the intensity of its use is decreased, the
Authority may order the developer, the occupier of the site, or the owner or all of the
to
reinstate the site, Lo remove all or any buildings or erections, to cover or fill all well or
excavations, and to close all or any accesses, or to do any of these things or all of the
as
the case may be, and the developer, occupier or owner shall carry out the order of he
Authority and shall put the site in a clean and sanitary condition to the satisfaction of he
Authority.
17. Form of Application
(I)
An application for a development permit or for approval in principle shall be
made only by the owner or by a person authorized by the owner to the Autho ity
on such form as may be prescribed by the Authority, and every application s all
include such plans, specifications and drawings as the Authority may require,
d
be accompanied by the permit fee required by the Authority.
(2)
The Authority shall supply to every applicam a copy of the appltcmion fo
referred to in Regulation 17(!) and a description of the plans. specifications
d
drawings required to be provided with the application and any information or
requirements applicable to the application.
Pa 1 l - General Regulation.>
7
1
Register of Application
The Authority shall keep a public register of all applications for development, and shall
enter therein the Authority's decision upon each application and the result of any appeal
from that decision.
Deferment of Application
(!)
The Authority may, with the written agreement of the applicant, deter
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations which have
not been determined by the Authority and on which a decision has not been com-
municated to the applicant within eight weeks of the receipt thereof by the
Authority, and on which consideration has not been deferred in accordance with
Regulation 19(1 ), shall be deemed to be refused.
2
Approval in Principle
(I)
The Authority may grant approval in principle for the erection, alteration or
conversion of a building it; alter considering an application for approval m
principle made under these Regulations, it is satisfied that the proposed develop-
ment is, subject to the approval of detailed plans, in compliance with these
Regulations.
(2)
Where approval in principle is granted under this Regulation, it shall be subjecr tn
lhe subsequent approval by the Authority of such details as may be listed in the
approval in principle, which shall also specify that further application for approval
of these details shall be received not later than two years from the grant of
approval in principle.
Par/ I - General Regulations
8
21. Development Permit
(1)
A plan or drawing which has been approved by the Authority and which be · a
mark and/or signature indicating such approval together with a permit shall be
deemed lo be permission to develop land in accordance with these Regulations ut
such permission shall not relieve the applicant from full responsibility or
obtaining permits or approvals under any other regulation or statute prior to
commencing the development; from having the work carried out in accord cc
with these Regulations or any other regulations or statutes; and from complia ce
with all conditions imposed thereunder.
(2)
The Authority may attach to a permit or to approval in principle such condili ns
as it deems fit in order lo ensure that the proposed development will be in
accordance with the purposes and intent of these Regulations.
(3)
Where the Authority deems necessary, permits may be issued on a tempor
basis for a period not exceeding two years, which may be extended in writing
the Authority for further periods not exceeding two years.
(4)
A permit is valid for such period, not in excess of two years, as may be sta d
therein, and if the development has not commenced, the permit may be rene\ d
for a further period not in excess of one year, but a permit shall not be rene
d
more than once, except in the case of a permit for an advertisement, which mav e
renewed in accordance with Part III of these Regulations.
(5)
The approval of any application and plans or drawings or tb.e issue of a per. it
shall not prevent the Authority from thereafter requiring the correction of erro s.
or from ordering the cessation, removal of, or remedial work on any developm nt
rt I - General Regulations
9
being carried out in the event that the same is in violation of this or anv olhcr
regulations or statute.
(6)
The Authority may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit was
issued in error or was issued on the basis of incorrect infom1ation.
(7)
No person shall erase, alter or modify any drawing or specifications upon which a
permit to develop has been issued by !he Authority.
(8)
There shall be kept available on the premises where any work, matter or thing in
being done for which a permit has been issued, a copy of the permit and any plans,
drawings or specifications on which the issue of the permit was based during the
whole progress of the work, or the doing of the matter or thing until completion.
2 . Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit,
state the reasons for so doing.
2 . Notice of Right to Appeal
Where the Authority makes a decision that may be appealed under section 42 of the Aet,
the Authority sha!L in writing, at the time of making that decision, notify the person ro
whom the decision applies of the:
(a) person"'s right to appeal the decision to the board;
(b) time by which an appeal is to be made;
( c) right of other interestc:d persons to appeal the decision; and
( d) manner of making an appeal and the address for the filing of the appeal.
Part I - (,'eneral Regulation"
10
24. Appeal Requirements
(I)
The secretary of the Appeal Board at the Department of Municipal and Provin "al
Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700,
t.
John"s, Nfld., AlB 4.16 is the secretary to all Appeal Boards in the province' cl
an appeal filed with that secretary within lhe time period referred to in subscct n
42( 4) of Lhe Act shall be considered to have been filed with the appropri tc
Appeal Board.
(2)
The fee required under section 44 of the Act shall be paid to the Appeal Bo rd
that hears the decision being appealed by filing it with the secretary referred to in
subsection (l) or (2) within the 14 days referred to in subsection 42(4) of the A .
(3)
The Appeal Board Lhat hears the decision being appealed shall, subject to
subsection 44(3) of the Act, retain the fee paid to the Appeal Board.
( 4)
Where an appeal of a decision and the required foe is not received by an App al
Board in accordance with this section and Part VI of the Act, the right to app al
that decision shall be considered to have been forfeited.
25. Appeal Registration
(l)
Upon receipt of an appeal and fee as required under the Act and these regulatio s.
the secretary of the Appeal Board as referred to in subsections 24(1) and (2). sh 11
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the Appeal Board shall not fy
the Authority of the appeal and shall provide to the Authority a copy of the app al
and the documentation related to the appeal.
P, I I - General Regu/atimis
11
(3)
Where the Authority has been notified of an appeal that Authority shall within one
week of notification forward to the appropriate board a copy of the application
being appealed, all correspondence, council minutes, plans and other relevant
inftirmation relating to the appeal including the names and addresses of the
applicant and other interested persons of whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate authority, a
notice that the appeal has been registered.
(5)
A notice published under subsection ( 4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
2
Development Prohibited
(1)
Immediately upon notice of the registration of an appeal the 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 the Authority acting under subsection
(I).
(3)
Upon receipt of a notification of the registration of an appeal with respect lo an
order under section 102 of the Act, the Authority shall not carry out work related
to the matter being appealed.
27 Appeal Board
(I)
The minister may, by order, establish an Appeal Board and shall assign to the
Appeal Board a specific area of the province over which it shall have jurisdiction,
as outlined in section 40, of the Act.
Part l - General Regulatlo11s
Page 12
28. Appeals
( 1)
A person or an association of persons aggrieved of a decision that, under
e
regulations, may be appealed, may appeal that decision to the appropriate App al
Board where the decision is with respect to
(a) an application lo undertake a development;
(b) a revocation of an approval or a pem1it to undertake a development;
( c) the issuance of a stop work order; and
( d) a decision permitted under the Act or another Act to be appealed to the boar
(2)
A decision of the Authority to adopt, approve or proceed with a municipal pl
, a
scheme, development regulations and amendments and revisions of them is fi al
and not subject lo an appeal.
(3)
An Appeal Board shall not make a decision that does not comply with
e
municipal plan, a scheme and development regulations that apply to the ma er
being appealed.
( 4)
An appeal shall be filed with the Appeal Board not more than 14 days after 1e
person who made the original application appealed from has received the decisi n
being appealed.
(5)
An appeal shall be made in writing and shall include
(a) a sununary ofthc decision appealed from;
(b) the grounds for the appeal: and
(c) the required foe.
(6)
A person or group of persons affected by the subject of an appeal or th ir
representatives may appear before an Appeal Board and make representatio s
P rt I - Ge11eral Regulatio11.11
Page 13
concerning the matter under appeal.
(7)
An Appeal Board may infom1 itself of the subject matter of the appeal in the
manner it considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance with the Act
and the municipal plan, scheme and regulations that have been registered under
section 24, of the Act, and having regard to the circumstances and merits of the
case.
(9)
A decision of the Appeal Board must comply with the plan, scheme or
development regulations that apply to the matter that has been appealed to that
board.
(10)
In determining an appeal, an Appeal Board may confirm, reverse or vary the
decision appealed from and may impose those conditions that the board considers
appropriate in the circumstances and may direct the Authority to carry out its
decision or make the necessary order to have its decision implemented.
(I!)
Notwithstanding subsection (10), where the Authority may, in its discretion, make
a decision, an Appeal Board shall not make another decision that overrules the
discretionary decision.
(12)
The decision of a majority of the members of an Appeal Hoard present at the
hearing of an appeal shali be the decision of the Appeal Board.
(13)
An Appeal Board shall, in writing notify the appellant and the appropriate
Authority of the decision of the Appeal Board.
Part fl - General Development Sta11dards
14
29. Hearing Notice and Meetings
(I)
An Appeal Board shall notify the appellant, applicant, authority and other pers
affected by the subject of an appeal of the date, time and place for the appeal ot
fower than 7 days before the date scheduled for the hearing of the appeal.
(2)
An Appeal Board may meet as often as is necessary to conduct its work in an
expeditious manner.
30. Hearing of Evidence
(I)
An Appeal Board shall meet at a place within the area under its jurisdiction
d
the appellant and other persons notified under regulation 29(1) or ti ir
representative may appear before the Appeal Board and make representations
respect to the matter being appealed.
(2)
An Appeal Board shall hear an appeal in accordance with section 43 of the
ct
and these regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be considered to have been provided in the s
1e
manner as evidence directly provided at the hearing of the Appeal Board.
( 4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules f
evidence.
31. Return of Appeal Fee
Where an appeal made by m1 appellant under section 42 of the Act is successful, n
P t II - General Development Standards
15
amount of money equal to the fee paid by that appellant under regulation 24(2) shall be
paid to him or her by the Authority.
3 . Notice of Application
The Authority may, and when a variance is necessary under Regulation 11 and the
Authority wishes to consider whether to authorize such a variance, when a change in
nonconforming use is to be considered under Regulation 49, or when the development
proposed is listed as a discretionary use in Schedule C of the Regulations shall, at the
expense of the applicant give notice of an application for a permit or for approval in
principle, by public advertisement in a newspaper circulating in the area or by any other
means deemed necessary, and under Regulation 12 and the 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, and allow a
minimum period of 7 days for response.
3 . Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land
and may at all reasonable times enter any development or building upon the land for the
purpose of making surveys or examinations or obtaining information relative to the
carrying out of any development, constrnction, alteration, repair, or any other works
whatsoever which the Authority is empowered to regulate.
3
Record of Violations
Every inspector shall keep a record of an> violation of these regulations which comes l\1
his knowledge and report that vioiation to the Authority.
Part II - Generu/ Development Standard"
16
35. Stop Work Order and Prosecution
(I)
Where a person begins a development contrary or apparently contrary to t ese
Regulations, the Authority may order that person to stop the development or ork
connected therewith pending final adjudication in any prosecution arising o
of
the development.
(2)
A person who does not comply with an order made under Regulation 35(1
1s
guilty of an offence under the provisions of the Act.
36 Delegation of Powers
An authority shall, where designating employees to whom a power is to be deleg ted
under subsection I 09(3) of the Act, make that designation in writing.
PART II-GENERAL DEVELOPMENT STANDARDS
37. Accesses and Service Streets
(I)
Access shall be located to the specification of the Authority so as to ensure
e
greatest possible convenience and safety of the street system and the Autho ity
may prescribe the construction of service streets to reduce t11e number of acces es
to collector and arterial streets.
(2)
No vehicular access shall be closer than 10 metres to the street line of any str ct
intersection.
P rt II - General Development Standard-
17
3 . Accessory Buildings
(I)
Accessory buildings shall be clearly incidental and complementary to the use of
the main buildings in character, use and size, and shall be contained on the same
lot.
(2)
No accessory building or part thereof shall project in front of any building line.
(3)
The sideyard requirements set out in the use mne tables in these Regulations shall
apply to accessory buildings wherever they are located on the lot but accessory
buildings on two (2) adjoining properties may be built to property boundaries
provided they shall be of fire resistant construction and have a conunon firewall.
3 . Advertisements
Advertisements shall not be erected or displayed except in accordance with Part III of
these Regulations.
4 . Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or
proposed residential area, or is separated from it by a road only, the owner of the site of
the industrial development shall provide a buffer strip not less than ten (10) metres wide
between any residential activity and the industrial area. The buffer shall include the
provision of such natural or structural barrier as may be required by the Authority and
shall be maintained by the owner or occupier to the satisfaction of the Authorit;
41 Building Height
The Authority may permit the erection of buildings of a height b'Teater than that specified
in Schedule C, but in such cases the building line setback and rearyard requirements shall
Part fl - (;eneral Development Standards
18
be varied as follows:
(1)
The building line setback shall be increased by 2 metres for every 1 metre incre se
in height.
(2)
The rcaryard shall not he less than the minimwn building line setback calcula ed
a5 described in ( 1) above plus 6 metres.
42. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or propo d
street or service street and may require any new buildings to be located on those build' g
lines, whether or not such building lines conform to the standards set out in the tables in
Schedule C of these Regulations.
43. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequate in
size to accommodate the number of persons living in the group, inclusive of s · t
provided that in the opinion of the Authority, the use of the dwelling does not materi
differ from, nor adversely affect, the amenities of the adjacent residences, or
e
neighbourhood in which it is located. The Authority may require special access a d
safety features to be provided for the occupants before occupancy is pennitted.
44. Height Exceptions
The height requirements prcscri bed in Schedule C of these Regulations may be waived 'n
the case of communication masts and antennae, flagpoles, water towers, spires, belfri s,
P t II - General Development Sta11dards
19
or chimneys, but any such waiver which results in an increase of more than l 0% of the
permitted height of the structure shall only be authorized under the provisions of
Regulation 11.
4 -. Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be erccled or
used unless it complies with the following requirements:
(a)
The structure shall be at least 600 m from a residence, (except a farm
residence or a residence which is a non-conforming use
in any zone in which agriculture is a pem1itted use class in the Use Zone
Tables in Schedule C of these Regulations), and, from an area designated
for residential use in an approved Plan, and, from a Provincial or Federal
Park.
(b)
The structure shall be at least 60 m from the boundary of the property on
which it is to be erected.
( c)
The structure shall be at least 90 m from the centre line of a street.
( d)
The erection of the structure shall be approved by the Department of
Forest Resources & Agrifoods and the Department of Environment.
(2)
No development for residential use shall be permitted within 600 m of an existing
structure designed to contain more than five animal units unless. the development
is first approved by the Department of Forest, Resources and Agrifoods.
46 Lot Area
(I)
No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall
Purl II - General Developme/11 Standards
20
have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontag or
lot area that is less than that permitted by these Regulations for the zone in w ich
such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a yar , it
shall continue to be so used regardless of any change in the ownership of the lo or
any part thereof; and shall not be deemed to fonn part or an adjacent lot for the
purpose of computing the area thereof available for building purposes.
47. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots alre dy
exist in any residential zone, with insufficient frontage or area to permit the owne or
purchaser of such a lot or lots to comply with the provisions of these Regulations, t en
these Regulations shall not prevent the issuing of a pemrit by the Authority for he
erection of a dwelling thereon, provided that the lot coverage and height are not gre ter
than, and the yards and floor area are not less than the standards set out in ti se
Regulations.
48. Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of th sc
Regulations, no residential or commercial building shall be erected unless the lot on
which il is situated fronts directly onto a street or fo=s part of a Comprehens ve
Development Scheme.
49. Non-Conforming Use
(l)
Notwithstanding the Municipal Plan, scheme or regulations made under t 1s
Pu I TT - General Development Standards
21
Urban and Rural Planning Act, 200 L the Authority shall, m accordance with
regulations made under this Act, allow a development or use of land to continue
in a manner that does not confonn with a regulation, scheme, or plan that applies
to that land provided that the non-conforming use legally existed before the
registration under section 24 of the Act. scheme or regulations made with respect
to that kind of development or use.
(2)
Notwithstanding subsection (I), a right to resun1e a discontinued non-confom1ing
use of land shall not exceed 12 months after that discontinuance.
(3)
A building, structure or development that does not conform to a scheme, plan or
regulations made tmder the Act that is allowed to continue under subsection (1)
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Authority;
(b)
shall not be structurally modified except as required for the safety or the
building, structure or development;
( c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, structure or
development has been destroyed;
(d)
may have the existing use for that building, structure or development
varied by the Authority to a use that is, in the Authority's opinion, more
compatible with the plan and regulations applicable to it:
(e)
may have lhe existing huilding extended by approval of the Authorit>
where, in the Authority's opinion, the extension is not more than 50'% of
the existing building;
(f)
where the non-conformance is with respect to the standards included in
these development regulations, shall not be expanded if the expansion
Part fl - General Development Standards
22
would increase the non-confom1ity;
(g)
where a building, structure or development does not meet the develop ent
standards included in development regulations, the building, structur or
development shall not be expanded if the expansion would increase the
non-conformity and an expansion must comply with the developt ent
standards applicable to that building, structure or development.
(h)
where the building or structure is primarily zoned and used for reside tial
purposes, may, in accordance with the municipal plan and regulations be
repaired or rebuilt where 50% or more of the value of that buildin or
structure is destroyed.
Where considering a non conforming building, structure or development
d
before making a decision to vary an existing use of that non-conforming build ng,
structure or development, the Authority, at the applicant"s expense, shall pub ish
a notice in a newspaper circulating in the area or by other means give pu lie
notice of an application to vary the existing use of a non-conforming build g,
structure or development and shall consider any representations or submissi ns
received in response to that advertisement.
50. Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causin or
promoting fires or oilier hazards or which may emit noxious, offensive or danger us
fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration or
create any nuisance that has an unpleasant effect on the senses unless its use is authori ed
by the Authority and any other authority having jurisdiction.
51. Offstreet Parking Requirements
(I)
For every building, structure or use to be erected, enlarged or established, th re
shall be provided and maintained a quantity of off-street parking spaces suffici nt
Pa II - General Development Standards
23
to ensure that the tlow of traffic on adjacent streets is not impeded by the on-street
parking of vehicles associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in Schedule D of these
Regulations.
(3)
Each parking space, except in the ease of one or two-family dwellings, shall be
made accessible by means of a hard surfaced right-of~way at least 3 m in width.
Parking required in a Residential Zone shall be provided on the same lol as the
dwelling or dwellings. Parking space for apartments shall be provided in the rear
yard where possible. In a Non-Residential ?:one, parking spaces shall be provided
within the limits of the zone in which the use is situated and not more than 200 m
distant from the use concerned.
(4)
The parking facilities required by this Regulation shall, except in the case of
single or attached dwellings, be arranged so that it is not necessmy for any vehicle
to reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted:
(a)
parking space shall mean an area of land, not less than 15 m' in size,
capable of being used for the parking of a vehicle without the need to
move other vehicles on adjacent areas;
(b)
the parking area shall be constrncted and maintained to the specifications
of the Authority;
( c)
the lights used for illumination of the parking area shall be so ~rranged a,
to divert the light away from adjacent development;
( d)
a structure, not more than 3 m in height and more than 5 m2 in area may he
erected in the parking area for the use of attendants in the area;
Part II - General Development Standards
24
( e)
except in zones in which a service station is a permitted use, no gas line
pump or other service station equipment shall be located or maintaine on
a parking area;
(f)
no part of any off-street parking w·ea shall be closer than 1.5 m to the ont
lot line in any zone;
(g)
access to parking areas in non-residential zones shall not be by wa of
residential zones;
(h)
where a parking area is in or abuts a residential zone, a natural or struct ral
barrier at least 1 m in height shall be erected and maintained along al lot
lines;
(i)
where, in the opinion of the Authority, strict application of the ab ve
parking requirements is impractical or undesirable, the Authority may
a
condition of a permit require the developer to pay a service le
in
accordance with lhese Regulations in lieu of the provision of a par ing
area, and the full amount of the levy charged shall be used by the Aut or-
ity for the provision
and upkeep of alternative parking facilities within the general vicinit of
the development
52. Off-Street Loading Requirements
( l)
For every building, structure or use to be erected, enlarged or established requi
the shipping, loading or unloading of animals, goods, wares or merchandise, t re
shall be provided and maintained for the premises loading facilities on land th
ts
not part of a streel comprised of one or more loading spaces, 15 m long. 4 m wi e.
and having a vertical clearance of at least 4 m with direct access to a street or' 'th
access by a driveway of a minimum width of 6 m to a street.
(2)
The number of loading spaces to be provided shall be determined by
e
Authority.
Par lJ - General Development Standards
25
(3)
The loading facilities required by this Regulation shall be so arranged that
vehicles can manoeuvre clear of any street and so that it is not necessary for any
vehicle to reverse onto or from a street.
53. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall pn:vent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and
playgrounds are not located in areas which may be hazardous to their use and are not
operated for commercial purposes.
54. Screening and Landscaping
The Authority may, in the ca5e of existing unsightly development, order the owner or
occupier to provide adequate and suitable landscaping or screening; and for this purpose
may require the submission of an application giving details of the landscaping or
screening, and these Regulations shall then apply to that application. The provision of
adequate and suitable landscaping or screening may be made a condition of any
development permit where, in the opinion of the Authority. the landscaping or screening
is desirahle to preserve amenity, or protect the environment.
55. Services and Public Utilities
The Authority may within any zone permit land lo he used in conjunction with the
provision of public services and public utilities if the use of that land is necessary to the
proper operation of the public service or public ulility concerned provided that the design
and landscaping of any development of any land so used is. in the opinion of the
Authority, adequate to protect the character and appearance of the area.
Part II - Ge11eral Deve/opme11t Sta11dards
26
56. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such pu ose,
and to which automobiles may gain access from either side.
(b)
Pump islands shall be set bm;k at least 4 melres from the front lot line.
( c)
Accesses shall not be less than 7 metres wide and shall be clearly marked and
where a service station is located on a comer lot, the minimum distance bet een
an access and the intersection of street lines al lhe junction shall be I 0 metre. and
the lot line between entrances shall be clearly indicaled.
57. Side Yards
A sideyard which shall be kept clear of obstruction shall be provided on the exposed ·des
of every building in order to provide access for the maintenance of that building.
58. Street Construction Standards
A new street may not be constructed except in accordance with and to the design
d
specifications laid down by the Authority.
59. Subsidiary Apartments
Subsidiary apartments may be permitted in single dwellings only. and for the purpose of
calculating lot area and yard requirements, shall be considered part of the self-contai cd
dwelling.
Par fl - General Development Standards
27
60. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to
satisfy the yard and other allowances called for in the Use Zone in which it is located and
the allowances shall be retained when the adjacent land is developed.
61. Zero Lot Linc and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which are designed
to form part of a zero lot line development or other comprehensive layout which does not,
with the exception of dwelling unit floor area, meet the requirements of the Use Zone
Table in Schedule C, provided that the dwellings are designed to provide both privacy
and reasonable access to natural daylight and the overall density within the layout
conforms to the regulations and standards set out in the Use Zone Table apply where the
layout adjoins other development.
Part Ill - Adverlisemenis
28
PART III-ADVERTISEMENTS
62. Permit Required
Subject to the provisions of Regulation 67, no advertisement shall be erected or disp ayed
in the Planning Area unless a permit for the advertisement is first obtained fro
the
Authority. Permit for erection or display of advertisement on Provincial Highways 'hall
be obtain from the Government Service Centre.
63. Form of Application
Application for a permit to erect or display an advertisement shall be made t the
authority in accordance with Regulation 17.
64. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any
highway or street reservation.
65. Permit Valid for Limited Period
A permit granted under 1hese Regulations for the erection or display of an advertise ent
shall be for a limited period. not exceeding two year·s, but may be renewed at the
discretion oftlie Authority for similar periods.
66. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require he
removal of any advertisement which, in its opinion, is:
Pa ff I -Advertisements
29
(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.
67 Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Authority:
(a)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
0.2 m' in area;
(b)
on an agricultural holding or farm, a notice board not exceeding I m' in area and
relating to the operations being conducted on the land;
(c)
on land used for forestry purposes, signs or notices not exceeding I m' 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 operations, a notice board not exceeding J
m' in area relating lo the operation conducted on the land;
(e)
on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding
0.2 m
2 in area in com1ection with the practice of a professional person carried on
in the premises;
(f)
on any site occupied by a church, school, library, arl gallery, museum, institution
or cemetery, one notice board not exceeding 1 m' in area;
(g)
on the principal facade of any commercial, industrial or public building, the name
of the building or the name of the occupants of the building, in letters not
exceeding one-tenth of the height of that facade or 3 m, whichever is the lesser;
(hl
on any parking lot directional signs and one sign not exceeding 1 m2 in size,
identifying the parking lot.
Part IV - S11bdivi.,io11 of Land
30
68. Approval Subject to Conditions
A permit may only be issued for the erection or display of advertisements which co ply
with the appropriate conditions and specifications set out in the Use Zone Tab! s in
Schedule C of these Regulations.
69. Non-Conforming Uses
Notwithstanding the provisions of Regulation 62, a permit may be used for the erecti n or
display of advertisements on a building or within the courtyard of a building or n a
parcel of land, the use of which is a non conforming use, provided that the advertise ent
does not exceed the size and type of advertisement which could be permitted i the
development was in a Use Zone appropriate to its use, and subject to any other condi ons
deemed appropriate by the Authority.
PART IV - SUBDIVISION OF LAND
70. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the developme t of
the subdivision is first obtained from the Authority.
71. Services to be Provided
No pem1it shall be issued for the development of a subdivision unless provis ns
satisfactory lo the Authority have been made in the applicai10n fur a supply of dnn ing
water, a properly designed sewag"' disposal system, and a properly designed st rm
drainage system.
Pa IV - Subdivisio11 of Land
31
72 Payment of Sen'ice Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Authority for connection to services,
utilities and streets deemed necessary for the proper development of lhe subdivision, and
all service levies and other charges imposed under Regulations 13 and 14.
73 Issue of Permit Subject to Considerations
A pem1it shall not be issued when, in the opinion of the Authority, the development of a
subdivision docs not contribute to the orderly growth of the municipality and does not
demonstrate sound design principles. Jn considering an application, the Authority 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;
(t)
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:
(k)
visual quality;
(I)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
Par/ IV - Subdivision of Land
32
74. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate bui ding
permit shall be obtained for each building proposed to be erected in the area o the
subdivision, and no building permit for any building in the area shall be issued unt I the
developer has complied with all the provisions of these Regulations with respect t 1 the
development of the subdivision.
75. Form of Applicatim1
Application for a permit to develop a subdivision shall be made to the Authori
m
accordance with Regulation 17.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Z nes
delineated on the Zoning Maps.
77. Building Lines
The Authority may establish building lines for any subdivision street and require any ew
building to be located on such building lines.
78. Land for Public Open Space
(!)
Before a development commences. the developer shall, if required, dedicate to the
Authority, at no cost to the Authority, an area of land equivalent to not more t an
l 0% of the gross area of the subdivision or 25 m2 for every dwelling unit er-
Pa I IV - Suhdivl>lon of Land
33
mitted in the subdivision, whichever is the greater, for public open space, provided
that:
(a)
where land is subdivided for any purpose other than residential use, the
Authority shall determine the percentage ofland to be dedicated;
(b)
if, in the opinion of the Authority, no public open space is required, Lhe
land may be used for such other public use as the Authority may
determine;
( c)
the location and suitability of any land dedicated under the provisions of
this Regulation shall be subject to the approval of the Authority but in any
case, the Authority shall not accept land which, in its opinion is incapable
of development for any purpose;
(d)
the Authority may accept from the developer in lieu of such area or areas
of land the payment of a sum of money equal to the value of the land
which would otherwise be required to be dedicated;
(e)
money received by the Authority in accordance with Regulation 78(1)(d)
above, shall be reserved by the Authority for the purpose of the acquisition
or development of land for public open space or other public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Authority and may be sold or leased by the Authority for the
purposes or any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall be
applied against the cost of acquisition or development of any other land for the
purposes of public open space or other public purposes.
(3)
The Authority may require a strip of !arid to be reserved and remain undeveloped
along the banks of any river, brook or pond, and this land may, at the discretion of
the Authority, constitute the requirement of land for public use under Regulation
78(1).
Part IV - Subdivision of Land
34
79. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro ole,
telegraph or telephone pole, fire hydrant, mail box, fire alann, sign post) shall receiv the
prior approval of the Authority which shall be satisfied on the question of safe
construction and relationship to the adjoining buildings and other structures withi the
street reservation.
80. Subdivision Design Standards
No permit shall be issued for the development of a subdivision w1der these Regula ons
unless the design of the suhdivision confonns to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(b)
Every cul de sac shall be provided with a turning circle of a diameter of not less
than 30 m.
( c)
The maximwn length of any cul de sac shall be:
(i)
200m in areas served by or planned to be served by municipal piped
ter
and sewer services, as shown in the map and letter of agreement signe by
the Municipality and the Minister of Municipal and Provincial Affai
in
connection with municipal five-year capital works program eligibility.
(ii)
300m in areas not served by or planned to be served by municipal pi ed
water and sewer services.
( d)
Emergency vehicle access lo a cul de sac shall be not less than 3 m wide and s all
cmmect the head of the cul de sac with an adjacent street.
(e)
No cul de sac shall be located so as to appear to terminate a collector street.
(f)
New subdivisions shall have street connections with an existing street or streets
Pa IV Subdivision of land
35
(g)
All street intersections shall be constructed within 5° of a right angle and this
alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(i)
No more than four streets shall join at any street intersection.
(j)
No residential street block shall be longer than 490 m between street intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with the
approved standards of the Authority, but in the absence of such standards. shall
conform to the following minimum standards:
Type of Street
Street
Pavement
Sidewalk
Sidewalk
Reservation
Width
Width
Number
Arterial Streets
JO m
15 m
1.5 m
discretion
of Council
Collect.or Streets
20m
15 m
I.Sm
2
Local ResidOTitial Streets:
where 111ore than SOo/o
15 m
9m
I.Sm
I
of the units are single or
double dwellings;
where 50% or more of
20 111
9m
1.5 m
2
the units are ro\.v
houses or aoartments.
Service Streets
15 Ill
9 Ill
1.5 rn
discretion
of Council
(1)
No lot intended for residential purposes shall have a depth exceeding four limes
the frontage.
(m)
Residential Jots shall not be permitted which abut a local street at both front and
rear lot lines.
{n)
The Authority may require any existmg natural, h1stoncal or architectural feature
or part thereof to be retained when a subdivision is developed.
( o)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
Part IV - Subdivision of Land
36
81. Engineer to Design Works and Certify Construction Layout
(I)
Plans and specifications for all water mains, hydrants, sanitary sewers, torm
sewers and all appurtenances thereto and all streets, paving, curbs, gutte
catch basins and all other utilities deemed necessary by the Authority to s
ice
the area proposed to be developed or subdivided shall be designed and prepar d by
or approved by the Engineer.
Such designs !Uld specifications shall,
approval by the Authority, be incorporated in the plan of subdivision.
(2)
Upon approval by the Authority of the proposed subdivision, the Engineer hall
certify all work of construction layout preliminary to the construction of the
rks
and thereupon the developer shall proceed to the construction and installatio , at
his own cost and in accordance with the approved designs and specifications and
the construction layout certified by the Engineer, of all such water m ins,
hydrants, sanitary sewers and all appurtenances and of all such streets and
her
works deemed necessary by the Authority to service the said area.
82. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervisio
construction; such fees and charges being percentages of the total cost of materials
d
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.
83. Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks
d
paving specified by the Authority as being necessary, may, at the Authority's discreti n,
P rt IV - Subdividon of I.and
37
be deferred until a later stage of the work on the development of the subdivision but the
developer shall deposit with the Authority before approval of his application, an amount
estimated by the Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the work of development, the Authority
shall call for tenders for the work of construction and installation of the works, and the
amount so deposited by the developer shall he applied towards payment of the contract
cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the
amount of the excess. If the contract price is less than the deposit, the Authority shall
refund the amount by which the deposit exceeds the contract price. Any amount so
deposited with the Authority by the developer shall be placed in a separate savings
account in a bank and all interest earned thereon shall he credited to the developer.
8 . Transfer of Streets and Utilities to Authority
(I)
The developer shall, following the approval of the subdivision of land and upon
request of the Authority, transfer to the Authority, at no cost to the Authority, and
clear of all liens and encumbrances:
(a)
all lands in the area proposed to be developed or subdivided which are
approved and designated by the Authority for public uses as streets, or
other rights-of-way, or for other public use;
(b)
all services or public works including streets, water supply and distribution
and sanitary an storm drainage systems installed in the subdivision that are
normally owned and operated by the Authority,
(2!
Before the Authority 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 certily his satisfaction
with their installation.
Part lV - Subdivision of Land
38
(3)
The Authority shall not provide maintenance for any street, service or public ork
in any subdivision until such time as such street, service or public work has been
transferred to and accepted by the Authority.
85. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision fo the
purposes of development and no building pem1it shall be issued until the Authori y is
satisfied that:
(a)
the lot can be served with satisfactory water supply and sewage disposal syst ms,
and;
(b)
satisfactory access to a street is provided for the lots.
86. Grouping of Buildings and Landscaping
(I)
Each plan of subdivision shall make provision for the grouping of building
pes
and for landscaping in order to enhance the visual aspects of the comp! ted
development and to make the most use of existing topography and vegetation.
(2)
Building f,,'l"Oupings, once approved by the Authority, shall not be changed wi oul
written application to and subsequent approval of the Authority.
Part V - U..e Zones
39
P
T V - USE ZONES
87 Use Zones
(I)
For the purpose of these Regulations, the Planning Area is divided into Use Zones
which are shown on the Zoning Map attached to and forming part of these
Regulations.
(2)
Subject to Regulation 87(3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in
the Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not set
out in the Use Zone Tables in Schedule C, the Authority may in its discretion,
determine the standards, requirements and conditions which shall apply.
88. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in
Schedule C shall be determined by the Authority in accordance with the classification and
examples set out in Schedule B.
89. Permitted Uses
Subject to these Regulations, the uses that fall within the Penmtted Use Classes set our in
the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that
Use Zone.
Part V - Use Z"nes
40
90. Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Clas. s set
out in the appropriate Use Zone Table in Schedule C may be permitted in that Use
ne if
the Authority is satisfied that the development would not be contrary to the general ntent
and purpose of these Regulations, the Municipal Plan, or any further scheme or p an or
regulation pursuant thereto, and to the public interest, and if the Authority has iven
notice of the application in accordance with Regulation 32 and has considere
any
objections or representations which may have been received on the matter.
91. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Class s set
out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in !ha Use
Zone.
TOWN OF UPPER ISLAND COVE
MINISTER'S REGULATIONS
2011 - 2021
PLAN-TECH
!:J~
~f'
ENVIRONMENT
Up er Island Cove Municipal Plan 2011-2021
Page I
NEWFOUNDLAND REGULATION 3/01
Development Regulations under the Urban and Rural Planning Act, 2000.
(Filed January 2, 200 I)
Un er the authority of section 36 ol the Urban and Rural Planning Act, 2000, I make the
foll wing regulations.
Oat .d al St John's, January 2, 2001.
Minister of Municipal and Provincial Affairs
REGULA TIO NS
1.
2.
efinitions
3.
pplication
4. I terpretation
5.
otice of right to appeal
6.
ppeal requirements
7.
ppeal registration
8.
evelopment prohibited
9.
earing notice and meetings
earing of evidence
oard decision
anances
otice of variance
esidential non confonnity
otice and hearings on change of use
on-conformance with standards
iscontinuance of non-conforming use
elegation of powers
19. .ommencement
Mi ister' s Development Regulations 2001
J\nalysis
Upper Island Cove Municipal Plan 201.0-2020
L Short title
These regulations may be cited as the Development Regulations,
2. Definitions
In these n:gulations,
(a)
"Act", unless the context indicate otherwise, means the Urhan and Rural Pl
ing
Act, 2000;
{b)
"applicant" means a person who has applied to an authority for an approv l or
permit to carry out a development;
( c)
"authority" means a council, authorized administrator or regional authority; ' d
(d)
"development regulations" means these regulations and regulations and by- aws
respecting development that have been enacted by the relevant authority.
3. Application
(I)
These regulations shall be included in the development regulations of an auth rity
and shall apply to all planning areas.
(2)
Where there is a conflict between these regulations and development regula ons
or other regulations of an authority, these regulations shall apply.
(3)
Where another Act of the province provides a right of appeal to the board, t ese
regulations shall apply to that appeal.
4. Interpretation
(I)
In development regulations and other regulations made with respect to a pl
ing
area the following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles. pede
or animals in order to go from a street to adjacent or nearby land or t go
from that land to the street:
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, locate on
the same lot as the main building to which it is an accessory nd
which has a use that is customarily incidental or complement
' to
the main use of the building or land,
Minister's Development Regulations 200 I
Up er Island Cove Municipal Plan 2011-202 l
Page 3
(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, oflkes, 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 cave and the ridge of a gable, hip or
garnbrel rooC and in any case, a building height shall not include
mechanical strncture, smokestacks, steeples and purely ornamental
structures above a roof;
(e)
"building line" means a line established by an authority that runs paralk:l
to a street line and is set at the closest point to a street that a building may
be placed;
(l)
"discretionary use" means a use that is listed within the discretionary use
classes established in the use zone tables of an authority"s development
regulations;
(g)
"established grade" means,
(i)
v.'.here 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)
v.1:tere used in rcforence to a structure that is not a building, the
average elevation of the finished grade of tbe ground immediately
surrounding the structure, exclusive or 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
ofland for a particular use or building;
Mi 'ster's Development Regulation> 2001
Upper Island Cove Municipal Plan 20 I 0-2020
Pa e 4
(k)
"lot area" means the total horizontal area vvithin the lines of the lot;
(I)
"lot coverage" means the combined area of all building on a lot meas red
at the level of the lowest floor above the established grade and expre sed
as a percentage of the total area of the lot;
(rn)
"non-conforming use" means a legally existing use th t 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 ha mg
the legal right to use the land under consideration;
(o)
"pennittcd use" means a use that is listed within the permitted use cl ses
set out in the use zone tables of an authority"s development regulation;
(p)
"prohibited use" means a use that is not listed in a use zone withi the
permitted use classes or discretionary use classes or a use that an auth rity
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 emph ed
wholly or in part for the purpose of advertisement, announcemen or
direction and excludes those things employed wholly as a memo ·al,
advertisements of local government, utilities and boarding or si ilar
structures used for the display of advertisements;
(r)
"rear yard depth" means the distance between the rear lot line and the ear
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 develop ent
permitted on a lot;
(w)
"use zone" or "zone" means an area of land including buildings and w ter
designated on the zoning map to which the use&, standards and condit' ns
of a particular use zone table appl);
(x)
"variance" means a departure. to a maximum of 10% from the yard. a ca.
lo! coverage. setback, size, height, frontage or any t'ther num ric
requirement of the applicable Use Zone Table of the authorit c"s
regulations; and
Minister's Development Regulations 2001
Up er Island Cove l\fonicipal Plan 2011-2021
Page 5
(y)
"zoning map" means the map or maps attached to and forming a part of
the authority"s regulations.
(2)
An authority may, in its discretion, dctennine the uses that may or may not be
developed in a use zone and those uses shall be listed in the authority" s
regulations as discretionary. permitted or prohibited uses for that area.
5.
oticc of right to appeal
Where an authority makes a decision that may be appealed under section 42 of the Act,
that authority shall, in "'Tiring, at the time of making that decision, notify the person to
whom the decision applies of the
(y)
person"s right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
6.
ppeal requirements
(I)
The secretary of the board at the Department of Municipal and Provincial Affairs,
Main Floor, Confederation Building (West Block), P.O. Box 8700, St John"s.
Nfld., AIB 416 is the secretary to all boards in the province and an appeal filed
with that secretary witl1in the time period referred to in subsection 42(4) of the
Act shall be considered to have been filed 'vith the appropriate board.
(2)
Notwithstanding subsection (I), where the City of Comer Brook, City of Mount
Pearl or City of St. John"s appoints an appeal board under subsection 40(2) of the
Act, an appeal shall be filed v.ith the secretary of that appointed hoard.
(3)
The fee required under section 44 of the Act shall be paid to the board that hears
the decision being appealed by filing it with the secretary referred to in subsection
(I) or (2) within the 14 days referred to in subsection 42( 4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection 4413 !
of the Act, retain the fee paid to the board.
(51
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 rig.ht to appeal that
decision shall be considered lo have heen forfeited.
Mi 'ster's Development Regulations 2001
Upper Island Cove Municipal Plan 2010-2020
Pae 6
7, Appeal registration
(I)
Upon rcccipl of an appeal and fee as required under the Act and these regulati ns,
the secretary of the board as reforred to in subsections 6(1) and (2)_
ha.II
immediately register the appeal.
(2)
Where an appeal ha~ been registered the secretary of the board shall notif) the
appropriate authority of the appeal and shall provide lo th.e authority a copy o the
appeal and the documentation related to the appeaL
(3)
Where an authority has been notified of an appeal that authority shall forw·
to
the appropriate board a copy of the application being appealed, all
correspondence, council minutes, plans and other relevant information relatin to
the appeal including the names and addresses of the applicant and other intere ted
persons of whom the authority has knowledge.
( 4)
Upon receipt of the information under subsection (3), the secretary of the b ard
shall publish in a newspaper circulated in the area of the appropriate authorit , a
notice that the appeal bas been registered.
(5)
A notice published wider subsection (4) shall be published not fewer than 2 w ks
before the date upon ·which the appeal is to be heard by the hoard.
8. Development prohibited
(1)
Immediately upon notice of the registration of an appeal the appropriate auth 'ty
shall ensure that any development upon the properly that is the subject of the
appeal cease~>.
(2)
Sections 102 and 104 of the Act apply to an authority acting under subsection
).
(3)
Upon receipt of a notification of the registration of an appeal with respect t an
order under section J 02 of the Act, an authority shall not carry out work relate to
the matter being appealed.
9. Hearing notice and meetings
(I )
A board shall notify the appellant, applicant, authority and other persons affe ed
by the subject of an appeal of the date, time and place for the appeal not fe er
than 7 days before the date scheduled for the hearing of tbe appeal.
(2)
A board may meet as often as is necessary to conduct its work in an expediti us
manner.
Minister's Development Regulations 2001
U per Island Cove Municipal Plan 2011~202 I
Page 7
1
Hearing of evidence
(I)
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.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be consider.::d 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.
11 Board decision
A decision of the board mu.st comply with the plan, scheme or development regulations
that apply to the matter that has been appealed to that board.
12 Variances
(1)
Where an approval or permit cannot be given by 11r1 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 ma:<lmum of l0% ii~ in the authorily"s opinion, compliance v.i.th
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 standar<ls set out in
development regulations if that variance, when considered together with other
variances made or to be made with respcet to the same land, building or structure,
would have a cumulative effect that is greater than a l 0% variance even though
the individual variances are separately no more than 10%.
13)
An authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing
development.
Mi · ster's Development Regulations 200 l
Upper Island Cove Municipal Plan 2010-2020
Pag 8
13. Notice of variance
Where an authority is to consider a proposed variance, that authority shall give wri en
notice of the proposed variance from development standards to all persons whose Ian is
in the immediate vicinity of the land that is the subject of the variance.
14. Residential non conformity
A residential building or strucmrc referred to in paragraph l08(3)(g) of the Act m st
where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan
d
development regulations applicable to that building or structure.
15. Notice and bearings on change of use
Where considering a non conforming building, structure or development under paragr ph
108(3)(d) of the Act and before making a decision to vary an existing use of that n n-
conforming building, structure or development, an authority, at the applicant" s exp se,
shall publish a notice in a nel.'t'Spapcr circulating in the area or by other means give pu lie
notice of an application to vary the existing use of a non-conforming building, strue re
or development and shall consider any representations or submissions received in
response to that advertisement.
16. Non-conformance with standards
Where a building, structure or development does not meet the development stand
included in development regulations, the building, structure or development shall no
expanded if the expansion would increase the non-conformity and an expansion
st
comply with the development standards applicable to that building, structure or
development.
17. Disi:ontinuance of non-conforming use
An authority may make development regu \ations providing for a greater period of ti e
than is provided under subsec;:tion I 08(2) of the Act with respect to the time by whic a
discontinued non-conforming use may resume operation.
Minister's Development Regulations 2001
U
er Island Cove Municipal Plan 2011-2021
Page 9
18 Delegation of powers
An authority shall, where designating employees to whom a power is to be delegated
under subsection 109(3) of the Act, make that designation in writing.
19 Commencement
These regulations shall be considered to have come into force on January I, 2001.
Mi 'ster's Development Regulations 2001
TOWN OF UPPER ISLAND COVE
SCHEDULE A
2011 - 2021
PLAN-TECH
ENVIRONMENT
Sc eduleA
A
ESS
Page 1
DEFINITIONS
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.
AC ESSORY BUILDING
includes
(a)
a detached subordinate building not used as a dwelling, located on the
same lot as the main building or use to which it is accessory, and which
has a use which is customarily incidental or complimentary to the main
use of the building or land:
(b)
for residential uses: domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetable
storage cellars, shelters for domestic pets, or radio and television
antennae,
(c)
for commercial uses: workshops, garages, and
(d)
for industrial uses: garages, offices, raised ramps and docks.
AC ESSORY DWELLING UNIT
means a separate dwelling unit constructed within and
subsidiary to the main use. The main use shall not be a single dwelling, double
dwelling, row dwelling, and apartment building.
AC ESSORY 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.
AC
unless the context indicates otherwise, means the Urban and Rural Planning Act.
A
!CULTURE
means horticulture, fruit growing, grain growing, crop growing, seed
growing, dairy farming, bse keeping, the breeding or keeping of animals for
food, skins, or fur, the use of land, meadow land, market gardens and nursery
grounds and the use of land for woodlands where that use is ancillary to the
farming of the land. Agriculture includes primary processing of onslte products.
A
SEMENT USE
means the use of land or buildings equipped for the playing of
electronic, mechanical, or other games and amusements including electronic
games, pinball games and slot machine arcades and billiard and pool halls.
Up
r Island Cove Municipal Plan 2011·2021
Schedule A
P e2
ANIMAL UNIT
means one of the following animals or groups:
1 Dairy Cow (or calve)
1 Beef Cow (or calve)
1 Bull
1 Horse (or foal)
4 Ewe sheep or lambs
1 O Foxes (inc.breed females, male & litter)
10 Mink (inc. breed females, males & litter)
1 Sow (farrow to finish)
or as defined by the Council
2Sows
1 Hog (operation based on 15-90 k . )
1 Boars
30 Broiler Chickens (less than 1.5
)
20 Layer Hens (less than 2.3 kg)
10 Turkeys
20 Rabbits (doe includes litter)
APARTMENT BUILDING
means a building containing three or more dwelling units but
does not include a row dwelling or a single dwelling with a subsidiary apart ent.
APPLICANT
means a person who has applied to the authority for an approval to carry ut a
development.
APEAL BOARD
means the appropriate Appeal Board established under the Act.
ARTERIAL STREET
means the streets in the Planning Area constituting the main t ffic
arteries of the area and defined as arterial streets or highways in the
Municipal Plan or on the Zoning Map.
APPROVAL IN PRINCIPLE means that Council when considering a development appli tion
shall evaluate the application to the development requirements within the T wn.
If the proposed development meets the development requirements of the
wn
an approval in principle maybe given to the application. Final approval nd
issuance of a permit to commence development are subject to the agree
by the applicant to meet specified conditions as outlined by Council.
AUTHORITY
means a council. authorized administrator or regional authority
BACKLOT
means a lot characterized by the location of the residential lot generally at the
rear of another residential lot or otherwise separated from the public st et
which provides access. and by a narrower area extending from the ear
residential lot to the public street.
Upper Island <;ove Municipal Plan 2011-2021
Sc eduleA
Page3
B D AND BREAKFAST
means a detached dwelling occupied by the property owner or
the bed and breakfast host as a primary residence in which overnight
accommodation and a breakfast meal are offered to registered guests for a
fee.
B ARCING HOUSE
means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
means a berm, row of trees or shrubs, hedge, fence, or distance separation
that provides a barrier between incompatible sites, uses or districts.
means:
(a)
a structure, erection, excavation, alteration or improvement placed on,
over or under land, or attached, anchored or moored to land; mobile
structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar uses;
(b)
a part of and fixtures on buildings referred to in (a) and (b), and
(c)
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 (a) to (c).
BU LDING HEIGHT means the vertical distance, measured in metres, from established
grade to the:
a)
highest point of the roof surface of a flat roof;
b)
deck line of a mansard roof; and
c)
height level between the eave and ridge of a gable, hip or gambrel roof
Building Height shall not include mechanical structures. smokestacks. steeples,
and purely ornamental structures above a roof.
BU LDING LINE
means a line established by the Council that runs parallel to the street
line and is set at the closest point to a street that a building may be placed.
Up
r Island Cove Municipal Plan 2011-2021
Schedule A
Pa e4
CHILD CARE FACILITY
means a building or part of a building in which services and
re
are regularly provided to children or adults, but does not include a scho I as
defined by the Schools Act.
CORNER LOT SIGHT TRIANGLE
means a corner lot, a fence, sign, hedge, shrub, ush
or tree or any other structure or vegetation shall not be erected or per tted
to grow to a height greater than .9 metres (3 ft.) above grade of the st ets
that abut the lot within the triangular area included within the street lines or a
distance of 6 metres (19.7 ft.) from their point of intersection.
COUNCIL
means the Municipal Council of the Town of Bay Bulls.
DEVELOPMENT
means the carrying out of building, engineering, mining or
ther
operations in, on, over, or under land, or the making of a material change i the
use, or the intensity of use of land, buildings, or premises and the:
(a)
making of an access onto a highway, road or way,
(b)
erection of an advertisement or sign,
(c)
construction of a building,
(d)
the parking of a trailer, or vehicle used for the sale of refreshmen
or
merchandise, or as an office, or for living accommodation,
nd
excludes,
(e}
the carrying out of works for the maintenance, improvement or o her
alteration of a building, being works which affect only the interior o the
building or which do not materially affect the external appearanc or
use of the building,
(f)
the carrying out by a highway authority of works required for the
maintenance or improvement of a road, being works carried ou on
land within the boundaries of the road reservation,
(g)
the carrying out by a local authority or statutory undertaker of work for
the purpose of inspecting, repairing or renewing any sewers, mans,
pipes, cables or other apparatus, including the breaking open of str ets
or other land for that purpose,
Upper Island Cove Municipal Plan 2011-2021
S hedule A
Page 5
(h}
the use of a building or land within the courtyard of a dwelling house
for a purpose incidental to the enjoyment of a dwelling house as a
dwelling.
D VELOPMENT AGREEMENT
means a written agreement between the municipality
and a developer which establishes particular circumstances and conditions
under which a development may be carried out.
DI CRETIONARY USE
means a use that is listed within the discretionary use classes
established in the use zone tables of the Council's Development Regulations.
D UBLE DWELLING
means one building containing two dwelling units, placed one above
the other, side by side, or joined by a carport with separate lot areas dedicated
to each unit, but does not include a single dwelling containing a subsidiary
apartment.
ELLING UNIT
means a self-contained unit consisting of one or more habitable rooms
used or designed as the living quarters for one or more persons.
means an engineer who is a member of the Association of Professional
Engineers and Geoscientists of Newfoundland, employed or retained by the
Council.
E
ABLISHED BUILDING LINE means the average distance from the street line of
existing buildings in any block where more than half the frontage has been
built upon in the past.
ES ABLISHED GRADE
means
a)
where used in reference to a building, the average elevation of the
finished surface of the ground where lt meets the exterior of the front of
that building exclusive of any artificial embankment or entrenchment:
b)
where used in reference to a structure that is not a building, tne average
elevation of the finished grade of the ground immediately surrounding the
structure, exclusive of any artificial embankment or entrenchment.
U
r Island Cove Munii;;ipal Plan 2011-2021
Schedule A
Pa e6
FAMILY CHILD CARE USE
means a building or part of a building in which services nd
activities are regularly provided for up to six (6) children as defined in the
hild
Care Services Act, but do not include a school as defined by the Schools Ac .
FLOODWA Y means the inner portion of a flood risk area where the risk of flood is grea st,
on average once in twenty years and where the flood depths and w ter
velocities are greatest
FLOODWAY FRINGE means the outer portion of a flood risk area, between the flood
and the outer boundary of the flood risk area, where the risk of floodin
is
lower, on average once in one hundred years. and flood waters are shallo er
and slower.
FLOOD PROOFING means structural and/or non-structural measures incorporated in the
design of a building or structure which reduce or eliminate the risk of fl od
damage by ensuring that the ground floor elevation is higher than the
projected flood level and that the building can be exited without hindranc in
the event of a flood.
FLOOR AREA
means the total area of all floors of a building measured to the out ide
face of exterior walls.
FORESTRY means the use of land for the purpose of forest and woodland manage ent
including the felling, cutting, trimming and thinning of forest or woodland for he
extraction of timber, and includes reforestation, afforestation and silviculture
FRONTAGE means the horizontal distance between side lot lines measured at the buil ing
line.
FRONT YARD DEPTH
means the distance between the front lot line of a lot and the f nt
wall of the main building on the lot.
GENERAL GARAGE
means land or buildings used for the repair, maintenance
nd
storage of motor vehicles and may include the sale of petroleum products.
Upper Island Cove Municipal Plan 2011-2021
S hedule A
Page7
G NERAL INDUSTRY
means the use. of land or buildings for the purpose of storing,
assembling,
altering,
repa1nng,
manufacturing,
fabricating,
preparing,
processing, testing, salvaging, breaking up, demolishing, or treating any article,
commodity or substance, and "Industry- shall be construed accordingly.
G OUP CHILD CARE USE
means a building or part of a building in which services and
activities are regularly provided for seven (7) or more children as defined in the
Child Care Services Act, but do not include a school as defined by the Schools
Act. .
G OUP HOME means a dwelling unit accommodating not more than 6 persons, exclusive of
staff, in a home-like setting where staff provide care and supervision. This
definition includes, but is not limited to, the facilities called "Transition House"
and "Foster Home".
H
RDOUS INDUSTRY
means the use of land or buildings for industrial purposes
involving the use of materials or processes, which because of their inherent
characteristics constitute a special fire, explosion, radiation or other hazard.
H ME OCCUPATION
means a secondary use of a dwelling unit or its accessory
building by at least one of the residents of such dwelling unit to conduct a gainful
occupation or business activity, and subsidiary to a residential use. Also referred
to as a "Home based Business", and classified as an "Office" use.
H ME OFFICE
means a secondary use of a dwelling unit by at least one of the residents
of such dwelling unit to conduct a gainful occupation or business activity with
such occupation or business activity being restricted to office uses which do not
involve visitation by clients, customers, or the general public to the site, nor the
employment of non-residents, and subsidiary to a residential use. Also referred
to as a "Home Based Business", and classified as an "Office" use.
H SPIT ALITY HOME
means a dwelling unit in which at least 1 room is regularly rented,
and includes the uses commonly referred to as "Bed and Breakfasf' and
"Boarding House''
IN PECTOR means a person appointed as an inspector by the Council.
Up er Island Cove Municipal Plan 2011-2021
Schedule A
Pa e 8
LAND
includes land covered by water, and buildings and structures on, over, or unde the
soil and fixtures that form part of those buildings and structures.
LANDSCAPING means the development of land by altering the topography and ground c ver
and may include the use of turf, plants, shrubs, trees, retaining walls and fen es.
LIGHT INDUSTRY
means the use of land or buildings for industrial use that can be ca ied
out without hazard or intrusion and without detriment to the amenity of the
surrounding area by reason of noise, vibration, smell, fumes, smoke, grit,
ot.
ash, dust, glare or appearance.
LIVESTOCK OPERATION means a livestock operation of agricultural animals confine in
one location which consists of 5 or more animal units at a given point in ti e.
LOCAL STREET
means a street designed primarily to provide access to adjoining I nd
and which is not designated as a collector street or arterial street in the
Municipal Plan, or on the Zoning Map.
LOT
means a plot, tract or parcel of land that can be considered as a unit of land f r a
particular use or building.
LOT AREA
means the total horizontal area within the lines of a lot
LOT COVERAGE
means the combined area of all buildings on a lot measured at the I vel
of the lowest floor above the established grade and expressed as a percent ge
of the total area of the lot.
MINERAL WORKING
means land or buildings us.ed for the working, stockpilin
or
extraction of rock, mineral, peat or aggregate material, and will includ
a
"quarry".
MINI HOME
means a factory produced single dwelling complying with the Nati nal
Building Code and having the appearance of a mobile home.
Upper Island Cove Municipal Plan 2011-2021
Sc edule A
Page 9
Ml !STER
shall mean the Minister of Municipal Affairs, unless otherwise specified.
M BILE HOME
means a transportable factory-built single family dwelling unit, which
complies with space standards substantially equal to those laid down in Part IX
of the National Building Code of Canada and is in accordance with the
construction standards laid down by the Canadian Standards Association and
all other applicable provincial and municipal regulations, and
which is designed to be transported on its own wheels and chassis to a lot, and
subsequently supported on its own wheels, jacks, or posts or a permanent
foundation;
and connected to exterior public utilities approved by the Authority, namely,
piped water, piped sewer. electricity and telephone, in order for such mobile
home unit to be suitable for year round term occupancy.
M NICIPAL PLAN means a plan adopted by the Council as a Municipal Plan pursuant to
the Urban and Rural Planning Act.
N N-CONFORMING USE means a legally existing use that is not listed as a permitted use
or discretionary use for the use zone in which it is located or which does not
meet the development standards for that use zone.
means a person or an organization or persons owning or having legal right to
use the land under consideration.
P RMITTED USE
means a use that is listed within the permitted use classes set out in the
use zone tables of these Development Regulations.
P
NNING AREA
means a regional planning area and a municipal planning area
established under section 6 and 11 of the Act. For the purpose and context of
these regulations, the Planning Area shall mean the area within the municipal
boundaries of the Town of Paradise.
P OHIBITED 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 Council specifies as not
permitted within a use zone.
Up r Island Cove Municipal Plan 2011.2021
Schedule A
Pag 10
REAR YARD DEPTH
means the mean distance between the rear lot line and the ear
of the main building on the lot.
RESTAURANT
means a building or part of a building, licensed for the purpose of se
meals and includes a "Snack Bar"
ROW DWELLING
means three or more dwelling units at ground level in one building.
ch
unit separated vertically from the others;
SERVICE STATION means a building, including gas pumps, used for the sale of petrol um
products. and may include general merchandise, minor automotive repairs, nd
washing of vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the
purpose of limiting direct access to that street
SHOP
means a building or part thereof used for retail trade wherein the pri ary
purpose is the selling or offering for sale of goods, wares or merchandis by
retail or the selling or offering for sale of retail services but does not incl de
an establishment wherein the primary purpose is the serving of meal or
refreshments, an amusement use, a general garage, or a service station.
SHOPPING CENTRE
means a group of retail stores with integrated parking whic is
planned, developed and designed as a unit containing a minimum of 5 r tail
establishments.
SHOWROOM
means a building or part of a building in which samples or patterns re
displayed and in which orders may be taken for goods, wares or merchand e,
including vehicles and equipment. for later delivery.
SIDEYARD WIDTH
means the distance between a side lot line and the nearest side wai of
a building on the lot
SIGN
means a word, letter, model, placard, board, device or representation, whet er
illuminated or not. in the nature of or employed;wholly. orin ,part for the purp se
of advertisement, announcement, or direction and excludes those thi gs
employed wholly as a memorial, advertisements or local government, utili es
Upper Island Cove Municipal Plan 2011 .2021
S heduleA
Page 11
and boarding or similar structures used for the display of advertisements.
S GLE DWELLING means one building containing a single dwelling unit for the use of one
family, placed on its own lot, and can include a subsidiary apartment.
S REET
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.
S REET LINE
means the edge of the right of way of a street reservation as defined by the
authority having jurisdiction.
S BDIVISION
means the dividing of land, whether in single or joint ownership, into 2 or
more pieces (including lots), for the purpose of development.
S BSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a single dwelling.
T KE-OUT FOOD
means a building in which the primary purpose is the preparation and
sale of meals and refreshments for consumption off the premises.
means a building or activity situated on a lot or a development pennitted on a lot.
E 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.
V
IANCE
means a departure, to a maximum of 10% from the yard, area. lot coverage,
ZO INGMAP
setback, size, height, frontage, or any other numeric requirement of the
applicable use zone table of the Council's regulations.
means the map or maps attached to and forming part of the Council's
Regulations.
Up er lslandCove:Municipal Plan 2011-2021
TOWN OF UPPER ISLAND COVE
SCHEDULE B
2011 - 2021
PLAN-TECH
.J\L
~r·
ENVIRONMENT
up er Island Cove Monicipal Plan 2011-2021
Page I
SCHEDULF:B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
, - ASSEMBLY
L Assembly Uses for the
(a) Theatre
Motion Picture 'J'hcatres
USES
production and viewing of
'f.V. Studios ad111itting an
the perfonning arts.
au,dience.
--
2. General Assembly Use'
(a) Cultural and
Libraries
Civic
Museums
Art Galleries
Court Roon1s
Meeting Rooms
Council Chambers
(b) General
Community Halls
Assembly
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowling Allevs
( c) Educational
Schools
Colleges (non- residential)
(d) Place of
Churches and similar places of
Worship
worship.
Church Halls
( e) Passenger
Passenger Tenninals
Assembly
(I) Club aml
Private Clubs and
Lodue
Lodges (non~rcsidential)
(g) Catering
Restaurants
Bats
Lounges
j
I (h\ Funeral Home I Funeral !fomes and Chapels
'
j
I
; ii> C'htld Cu-e
i fhn· Care '
i
I
i (j) 1\musement
.
Electronic (,a mes Arcade'
I
!
i
i Pinball Parloms
I
I
i Poolrooms
...... -~
Upper Island Cove Municipal Plan 2011·202 l
Pi "'e2
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A.ASSEMBLY
3. Arena.type Uses
(a) Indoor
Arenas
USES
Assembly
Armouries
(continued)
Ice Rinks
Indoor Swimming Pools
·-
4. Open-air Assembly Uses
(a) Outdoor
Bleachers
Assembly
Grandstands
Outdoor Ice Rinks
and Swimming Pools
Amusement Parks and Fa··.
groundFt
Exhibition Grounds
Drive-in Theatres
B. fNST!TUTlONAL
l. Penal and Correctional
(a) Penal and
Jails
USES
Institutional Uses
Correctiona I
Penitentiaries
Detention
Police Stations (with detet ti on
quart~'fS)
Prisons
Psychiatric Hospitals (wit
detention quarters}
Refonnatories
2. Special Care
(a) Medical
Children's Homes
Institutional Uses
Treatment
Convalescent Homes
and Special
Homes for Aged
Care
Hospitals
lnft.rmaries
Orphanages
Psycltiatric
Hospitals
Sanatoria
C. RESIDENTIAL
I. Residential
(al Single
Single Detached Dwelling~
USES
Dwelling
Dwelling
Familv & Grouo Homes
Uses
(b) Double
Semi-detached Dwelling
'
[)welling
Duplex Dwellings
I
Family & Gr.oup Homes
I
i
I
!
(')Row
' Row Houses
I
i
!
I
I
J)\'i/t'ihng
T 0\.\1l Houses
I
l
!
Familv & Group Homes
I
'
·----..
I
l
!
I
I
__l (
d) /1partment
I
Apartments
I
. Building
Family & Group Homes
up er Island Cove Municipal Plan 20 l I ·2021
Page 3
CLASSIFICATION OF USES OF LAt"ID AND BUILDINGS
.
GROUP
DIVISION
CLASS
EXAMPLES
i RESIDENTIAL
2. General Res;dential Uses
(a) Collective
Residential
USES
(continued)
Resi,1ential
Colleges & Schools
continued)
University & College Halls
of Residence
(:onvents & ~1ona.'>teries
i
Nurses and Hosoital Residences
(b) Boarding
Boarding Houses
House
Lodging House.s
Residential
(c) Cornn1erclal
Hotels & Motels
R csident ial
Hostels
Residential Clubs
\ d) Seasonal
Summer Homes & Cabin!'
Residential
Hunting & Fishing Cabins
{e) Mol>ile Homes
Mobile Homes
D BUSINESS
1. BLLsiness, Professional, and
(a) Office
Offices (including
~PERSONAL
Personal Service Uses
Government Offices)
ERV ICE
Banks
JSES
(b) Medical &
Medical omces
Professional
llild Consulting Rooms
Dental Offices & Surgeries
Legal Offices
Similar Professional Offices
.-
(c) Personal
Barbers
Service
Hairdressers
Beauty Parlours
Small A[1~1iance Repairs
-
(d) General
Self-service Laundries
' I
i
I
I
Service
I Dry Cleaners (not using
i
I
I flammable or explosive
'
!
!
I
'
substances)
I
i Small Tool arnl r\oplianc,:
!
i
I
i Rentals
i
I
!
i Travel Agents
I
Upper Island Cove Municipal Plan 2011-2021
Pa e4
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
D. BUSINESS &
PERSONAL
SERVICE
USES
(continued)
E. MERCANTILE
USES
F. INDUSTRIAL
USES
DIVISION
1. Business,
Professional
& Personal
Servkc Uses
(continued)
I. Retail Sale and
Display Uses
I. Industrial uses involving
highly combustible and
hazardous substances and
processes.
! :
CLASS
( e) Comnumica·
tions
EXAMPLES
Radio Stations
Telephone ExchatlP-"-'
(I) Police
Police Stations
Station
without detention quarten
------"'j-------~--;----~
(h) Take·out
food Service
(il Veterin-rv
(a) Shopping
Centre
(b) Shop
(c) Indoor Market
(d) Outdoor
Market
(e) Convenience
Store
(a) Hazardous
Industry
Taxi Stands
Take-out Food
Service
Veterinarv Surgeries
Shopping Centres
Retail Shops. Stores and
Showrooms
Deoartment Stores
Market Halls
Auction Halls
Market Groands
Animal Markets
Produce and Fruit Stands
Fish Stalls
Confectionary Stores
Comer Stores
Gift Shops
Specialtv Sh,ms
Bulk Storage of hazardous
liquids and substances.
Chemical Plants
Distilleries
Feed Mills
Lacquer, Mattress, Paint, Vi -ni.~h.
and
Rubber Factories
Spray Painting
;
Up er Island Cove Municipal Plan 2011-2021
Page 5
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
2. General Industrial ll ses
(a) General
Factories
JSES
involving Limited
Industry
Cold Storage Plants
continued)
Ha1Mdous Substances and
Freight Depots
Processes.
General Garages
Warehouses
'
Workshops
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
(b) Service
Gasoline Service Stations
Station
Gas Bars
..
3. Light, Non-hazardous or
(-)Light
Light Industry
Non-intrusive Industrial Uses.
lndusn-y
Parking Garages
Indoor Storage
"Vt1arehouses
Workshons
G. NON-BUILDING
L Uses not directly related to
(a) Agriculture
Commercial Farms
JSES
building.
Hobby Farms
Market Gardens & Nurseries
(b) Forestry
Tree Nurseries
Silviculture
(c) Mineral
Quarrie&
Working
Pits
Mines
Oil Wells
-··-
( d) Recreational
Playing Fields
Open Space
, Sports Grounds
! Parks
i Playgrounds
( e) Conservation
Watershed,,
8lllter Suip"
Flood Plams
Architecturai, Historical and
:
'
Scenl1.: Sitet.
i
Steep Slopes
I
Wildlife Sanctuaries
(I) Cemetery
Cemeteries
Gravevards
'
(gl Scrap Yard
Car Wrecking Yards
'
'
I
I
Sr:r:i.n r'"'- 1~-~
-
Upper Island Cove Municipal Plan 2011-2021
Pag~ 6
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G. NON-BUILDING
!. Uses not directly related to
(h) Solid Waste
Solid Waste Disposal
USES
building.
Sanitnry Land Fill
(continued)
Incinerators
(i) Animal
Animal Pounds
Kermels
Zoos
(j) Antenna
TV, Radio and Communica ions
Transmitting, Receiving M sts and
Antermae
(k) Transportation
Ailiields
Railway Yards
Docks and Harbours
TOWN OF UPPER ISLAND COVE
SCHEDULE C
2011 -2021
PLAN-TECH
4~
11" .
ENVIRONMENT
TOWN OF UPPER ISLAND COVE
SCHEDULE "C"
USE ZONE TABLES
NOTE:
This schedule contains tables showing the use classes which may
be permitted or which may be treated as discretionary use classes
for the purpose of these Regulations. The tables also indicate the
required standards of development and may also include conditions
affecting some or all of the use classes.
The schedule contains tables for the following Use Zones:
Land Use Zone
Residential I
Residential II
·----··--------
Mixeqp_e_ve_IQI>..:m,c..:e:..:_n;.;:_t __ ··-····
Commercial-Industrial
~--····· .. ~·~···-~······~-----~
Conservation
~-=.:=--==:::.=.:.......------·
Recreation
Rural
-----·~·
Abbreviation
R-1
R-11
MD
C-1
cor:r--
REC
·-
RUR
Page
1
7 ···-
13
..
20
23
25
27
Upper Island Cove Development Regulations. Schedule C
Page 1
STANDARD CONDITIONS FOR ALL USE ZONES
The following conditions shall apply to all use zones listed under these
Development Regulations.
1. Discretionary Uses
The discretionary uses listed in the use zone tables may be permitted at the
discretion of Council, provided that they are complimentary to uses within the
permitted use class, or that their development will not inhibit or prejudice the
existence or the development of such uses. Reference should be made to
the General Development Standards.
2. Referrals - General Approvals by Provincial and Federal Government
Agencies and Departments
Prior to the issuance of a development permit for the foregoing developments,
approvals must be obtained from the various agencies noted below:
Agriculture and Farming
Approvals must be obtained from the Department of Natural Resources for
any commercial farming operation. The Department of Government Services
must approve all manure systems.
Crown Land
Approvals must be obtained from the Crown Lands Administration Division,
Department of Environment and Conservation. Applications are made to the
Eastern Regional Lands Office, Howley Building, Higgins Line.
On-Site Services (Well and Sub-Service Systems)
Approvals involving installation of on-site water and sewer systems must oe
obtained from the Department of Government Services, Government Service
Centre, Harbour Grace.
Upper Island Cove Development Regulations, Schedule C
Page
Environmental Investigations
Approvals for any development that may have an environmental impact mu
be referred to Environmental Investigations, Department of Governme
Services, Government Service Centre, Harbour Grace and/or the Pollutio
Preventions Division, Department of Environment and Conservation.
Forestry
Permits for commercial and domestic woodcutting or other forestry relate
activities must be obtained from the Department of Natural Resources, Fores
Management Unit 1, Paddy's Pond.
Mineral Workings, Mining and Mineral Exploration
Approvals and permits involving mining and quarrying and other developmen
proposed to take place within 50 metres of a reserved sand or gravel pit o
quarry; within 300 metres of an operational sand or gravel pit or quarry; o
within 1000 meters of a quarry in which blasting may take placemust b
obtained from the Department of Natural Resources, Mineral Lands Division.
Archaeology Discovery
During site excavation any artifacts or physical structures found of a historical
nature shall be reported to the Provincial Archaeology Office, Department of
Department of Tourism, Culture and Recreation.
Waterways
Any development within a body of water involving alteration of a body of water
must be approved or exempted by the following agencies:
Provincial
Department of Government Services - for Crown land referrals.
Development of Environment and Conservation, Water Resources Division -
for any development within fifteen (15) metres of a body of water or the
defined high water mark of a body.
Federal
Department of Fisheries and Oceans
Coast Guard Canada - Navigable Waters Act.
Fish Habitat Division
Upper Island Cove Development Regulations, Schedule C
Page 3
3. Development Over Easements
No permanent building shall be constructed over any known easement,
whether that easement has been assigned to the Town of Upper Island Cove,
a department of the provincial or federal government, or any utility company
(ie:
Newfoundland Power, telephone, cable television,
Crown
land).
Permanent buildings include, but are not limited to, all dwellings and
accessory buildings.
4. Conservation of Natural Environment and Aesthetic Areas
Council may require agreements with developers and property owners aimed
at preserving sensitive environmental areas and natural scenic areas. These
areas may include sensitive vegetation, fish habitat, or water quality. Such
agreements may include provisions such as designating of local conservation
areas, maintenance of tree cover and maintenance of tree cover along rear
yards, rivers, streams and shorelines.
5, Shoreline Buffers
Generally, no development will be permitted within 15 metres of rivers or
streams, or shoreline of lakes and ponds. Certain public works and passive
recreational open space uses may be permitted as long as they will not be
detrimental to the environmental and aesthetic quality of the area.
Development of these areas will be subject to the approval of the federal
Department of Fisheries and Oceans, and/or the provincial Department of
Environment and Conservation.
Upper Island Cove Development Regulations, Schedule C
Page
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL-I (R-U
PERMITIED USE CLASSES - (see Regulation 89)
Sinale dwelllna: recreational ooen soace.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Double dwelling, row dwelling, apartment building, collective residential, boarding house
(includes tourist homes and bed and breakfasts), place of worship, educational, convenience
store, medical and professional, personal service, child care, office. cultural and civic uses,
antenna, liQht industrv.
APARTMENT BUILDING
-·
Single
Double
Row
STANDARDS
Dwelling
Dwelling
Dwelling
1
2
3
4
Bed
Bed
Bed
Bed
Aol
Apt.
Aot.
Apt.
"
Lot area (m') minimum*
450
390
350
(average)
200
250
280
300
Floor area (m') minimum-
80
80
65
40
50
60
70
_,
Frontage (m) minimum ..
19
23
12' Cavl
36
Building Line Setback (m)
6
6
8
8
(minimum)
Sideyard Width (m)(mln.)
1
1
1
5
Rearyard Depth (m)(min.)
9
14
14
14
Lot Coveraoe (%)(max.)
33
33
33
33
Height (max.)
I
8
8
10
10
*
Per dwelling unit
~ With Town Waler and Sewer
CONDITIONS FOR RESIDENTIAL-I ZONE
1.
Subsidiary Apartments
(a)
One subsidiary apartment may be permitted in a single dwelling.
(b}
For the purpose of calculating lot area and yard requirements, the
apartment shall be considered part of the single dwelling.
(c)
A minimum of two off street parking spaces shall be required.
(d)
The minimum floor area required is 40 m2 for a one bedroom
subsidiary apartment, plus ten square metres for each additional
bedroom.
Upper Island Cove Development Regulations, Schedule C
Page 5
(e)
For lots without municipal water and
sewer services,
the
Government Service Centre shall determine water and sewerage
disposal requirements and a permit will be issued subject to its
approval.
2.
Discretionary Uses Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided that they are compatible or complementary
to uses within the permitted use classes or that their development will not
inhibit or prejudice the existence or the development of such uses.
3.
Dwelling Frontage
The front wall of a dwelling shall be parallel to the street on which it is
fronting and has a civic number.
4.
Accessory Buildings
(a)
(b)
Accessory buildings shall have a combined maximum lot coverage
not exceeding 7%, up to a maximum floor area of 75 m2, whichever
is less.
Accessory buildings shall be located a minimum of 3
metres from the nearest part of the main building and a minimum of
1 metre from a side and rear lot line.
The maximum height of an accessory building shall be 5 metres.
5.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or
site occupied by a permitted use or a legal non-conforming use shall be as
follows:
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of Council, having regard to
the safety and convenience of users of adjacent streets and
sidewalks, and the general amenities of the surro1::1nding area.
(b)
No advertisement shall exce.ed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up
Portable Signs") will not be allowed in the residential area
--- ----------------
Upper Island Cove Development Regulations, Schedule C
Page
6.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site
relating to a use permitted in this or another zone, or not relating to
specific land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall b
located within a reasonable distance of, and only show thereon th
name and nature of the distance or direction to, the premises t
which they relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light U
Portable Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall b
to the satisfaction of Council, having regard to the grade and align
ment of streets, the location of street junctions and nearb
buildings, and amenities of the surrounding area.
7.
Place of Worship and Educational Use
Where permitted as a discretionary, a place of worship and an educational
use shall conform to the frontage, building line setback, sideyard,
rearyard, lot coverage and height requirements specified for a single
dwelling.
8.
Convenience Store
Convenience stores shall only be permitted as a discretionary use under
the following conditions:
(a)
Convenience Store may form part of the residential dwelling or be a
stand alone building.
(b)
The retail use shall be subsidiary to the residential character of the
area, and shall not affect residential amenities of adjoining
properties.
(c)
Adequate provision for on site parking, loading, buffering and
landscaping.
Upper Island Cave Development Regulations, Schedule C
Page 7
9.
Home Businesses - Office, Medical and Professional Service, Personal
Service, and Light Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling
consisting of an occupation or profession which generates revenue for the
resident
Office, medical and professional service, personal service, and light industry
uses may be permitted provided they are carried out as home occupations.
businesses operated in the dwelling, or in a building subsidiary to the dwelling
on the same lot, by the occupants of the dwelling, and meet the following
requirements.
(a)
Office uses shall be limited to small business services and professional
offices;
(b)
light Industry uses shall be limited to fabrication for the production of
handmade articles such as clothing, arts and crafts objects, and
workshops;
(c)
The use is clearly subsidiary to the residential use, does not alter the
residential character of the dwelling unit, and does not detract from the
residential character of the neighbourhood.
(d)
No wholesale sales or storage of goods is carried out, any retail sales
are incidental and subsidiary to the approved use, no repairs to vehicles
or heavy equipment are carried out
(e)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust, fumes, or inconvenience to occupants of
adjoining residences.
(f)
Activities associated with the use shall be carried on inside the dwelling
or in a building separate from the dwelling.
(g)
One building only, separate from the dwelling, may be used in
connection with a light industrial use and service use and shall conform
to the Accessory Buildings condition height and floor area limit for this
zone; child care use shall be carried out in the dwelling unit or be
attached to the dwelling unit.
(h)
Except for child care, no more than 30% of the total floor area of the
dwelling is devoted to the use.
(1)
The use shall not generate traffic, parking, sewage or water use in
excess of what is normal in the residential area.
Q)
Activities associated with the use are not hazardous and do not cause a
noticeable increase in noise, odour, dust or fumes, nor cause electrical
interference or in any other way result in a nuisance to the occupants of
surrounding residences.
(k)
The residenttal lot has sufficient area to accommodate the parking
Upper Island Cove Development Regulations. Schedule C
requirements of the dwelling unit and the home occupation.
(I)
No regular parking of commercial vehicles except for one vehicle wi h a
gross weight of no greater than one tonne will be permitted on the I t or
on the road reservation adjacent to the lot.
10.
Child Care
A day care or day nursery (i.e.: a child care operation in which services are
regularly provided to seven or more children), shall be subject to the follo ing
conditions:
(a)
The operation is in accordance with all applicable provincial laws nd
regulations.
(b)
A limit of one day care or day nursery will be permitted on any street.
(c)
The use will not occupy more than 70 m2 or 40% of the floor a ea,
whichever is less.
(d)
Provision for off-street parking will be required as per the off-st eet
parking requirements of these Regulations.
(e)
The drop-off and pick-up of children will not interfere with the free flo
of
vehicular traffic.
(f)
The use is not located adjacent to or near hazardous, dangerous or
incompatible uses. These include, but are not limited to, heavy indus rial
uses, service stations, garages, night clubs, and amusement uses.
11.
Boarding House Residential
A boarding, lodging house or tourist home shall be permitted as a discretio
ry
use in any dwelling that can adequately accommodate the specified numbe of
persons. The total number of boarders or lodgers shall not exceed (5) perso s
A "bed and breakfast" use in a dwelling may be permitted lo provide room nd
board for tourists or the travelling public. under the following conditions.
(a)
the use does not detract from the residential character of the ne1 n-
bourhood;
(b)
the use is carried out by a resident/owner of the dwelling unit;
(c)
the dwelling in which the Bed and Breakfast use is carried out is sim lar
in exterior finish, design, height, and scale to a private reside ial
dwelling;
Upper Island Cove Development Regulations, Schedule C
Page 9
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or
hedge;
(f)
the maximum number of guest rooms shall be five (5), and
(g)
the establishment shall be licensed under the Tourist Establishment
Regulations, as amended from time to time.
2.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services.
Development
of marine or water related uses such as wharfs, slipways, boathouse, etc. may
be permitted. All development occurring within these limits is subj.ect to the
approval of Council and the Department of Environment and Conservation.
3.
Mature trees
Because of their importance to the landscape and to the privacy and amenities
of residential areas, mature trees shall be preserved and replaced as
necessary. Such trees may be removed only when they become dangerous
because of age, disease or proximity to a building; if they are overcrowded, and
unduly inhibit light and air circulation for landscape purposes and building
occupancy; or if they will unduly obstruct construction.
Upper Island Cove Development Regulations, Schedule C
Pa e 10
USE ZONE TABLE
·····-·-~·--~·-··-··-·-·-···
J
ZONE TITLE -----------
RESIDENTIAL llJ i.~J!L.
PERMITTED USES CLASSESS - see Regulation 90.
L§i.'}91!) dwelling, recreational open spac~<i<nd corisery,.:::a""tio:::.nc.. _____ ---······· --·---.....!···-
DISCRETIONARY USES CLASSES - see Regulation 34 and 91.
i Boarding house residential (bed and breakfast only), place of worship, educational, conveniences ore,
II
1 medical and professional. child care, office, personal service, child care, antenna, .<1nd lioht industr .
CONDITIONS
1.
Development Standards
-······-- -
- ·
- -- sino}e -- ~:~:~
9 --r 0:8i':
9 I
_STANDARDS
....... Dwelhng
.Jpne service} · (Unservice :I) _
Minimum Lot Area (m'}
_.
1 660
1400
1400
Minimum Frontage (m)
··--- ·-·
23
->-·
23
30
Minimum Buildina Line Set Back (m)
S
10
10 __ ~
.....
. Maximum Building Line Set Back (m) ··----~ 15
15
15
. -··
Minimum Sid!) Yard (m)
__
..-... · -··-'·-- ·-'-··
1
1
Minimum Rear Yard (m)
__
9
9
9
Maximum Lot Coveraae (% l
33
33
<n
Maximum Height (m)
·
~·- 8----
8
8
Minimum Floor Area (m2)
85
85 __ .
Bf>
2.
Discretionary Uses Classes
The discretionary use classes listed in this table may be permitted at he
discretion of Council provided that they are compatible or complementar to
uses within the permitted use classes or that their development will not inhibi or
prejudice the existence or the development of such uses.
3.
Accessory Buildings
(a)
Accessory buildings shall have a combined maximum lot coverage hot
exceeding 7%, up to a maximum floor area of 75 m2, whichever is le lss.
Accessory buildings shall be located a minimum of 3 metres from he
nearest part of the main building and a minimum of 1 metre from a s de
and rear lot line.
(b)
The maximum height of an accessory building shall be 5 metres.
pper Island Cove Development Regulations, Schedule C
Page 11
Convenience Stores
Convenience stores will only be permitted as a discretionary use under the
following conditions:
(a)
Convenience Store may form part of the residential dwelling or be a
stand alone building.
(b)
The retail use shall be subsidiary to the residential character of the area,
and shall not affect residential amenities of adjoining properties.
(c)
Adequate provision for on
site parking,
loading,
buffering and
landscaping.
Boarding House Residential
A boarding or lodging house is permitted in any dwelling that can adequately
accommodate the specified number of persons. The total number of boarders
or lodgers shall not exceed (5) persons.
A "bed and breakfast" use in a dwelling may be permitted as a discretionary use
to provide room and board for tourists or the travelling public, under the
following conditions:
(a)
the use does not detract from the residential character of the neigh-
bourhood;
(b)
the use is carried out by a residenUowner of the dwelling unit;
(c)
the dwelling in which the Bed and Breakfast use is carried out is similar
in exterior finish, design, height, and scale to a private residential
dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or
hedge; and
(f)
the maximum number of guest rooms shall be five (5).
(g)
the establishment shall be licensed under the Tourist Establishment
Regulations, as amended from time to time.
Upper Island Cave Development Regulations. Schedule C
Pa e 12
6.
Home Businesses - Office, Medical and Professional Service, Personal
Service, and Light Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwe ling
consisting of an occupation or profession which generates revenue for the
resident.
Office. medical and professional service, personal service, and light ind
try
uses may be permitted provided they are carried out as home occupati ns,
businesses operated in the dwelling, or in a building subsidiary to the dwe ing
on the same lot, by the occupants of the dwelling, and meet the folio ing
requirements.
(a)
(b)
{c)
(d)
(e)
{f)
{g)
(h)
(i)
I')
J
(k)
Office uses shall be limited to small business services and professi nal
offices;
Light Industry uses shall be limited to fabrication for the productio of
handmade articles such as clothing, arts and crafts objects,
nd
workshops;
The use is clearly subsidiary to the residential use, does not alter he
residential character of the d~elling unit, and does not detract from he
residential character of the neighbourhood.
No wholesale sales or storage of goods is carried out, any retail s les
are incidental and subsidiary t0 the approved use, no repairs to vehi les
or heavy equipment are carried out.
Activities associated with the use are not hazardous and do not ca se
noticeable noise, odour, dust, fumes, or inconvenience to occupant of
adjoining residences.
Activities associated with the use shall be carried on inside the dwel ng
or in a building separate from the dwelling.
One building only, separate from the dwelling, may be used in
connection with a light industrial use and service use and shall conf rm
to the Accessory Buildings condition height and floor area limit for his
zone; child care use shall be carried out in the dwelling unit or be
attached to the dwelling unit.
Except for child care, no more than 30% of the total floor area of he
dwelling is devoted to the use.
The use shall not generate traffic, parking, sewage or water use in
excess of what is normal in the residential area.
Activities associated with the use are not hazardous and do not caus a
noticeable increase in noise, odour, dust or fumes, nor cause electri al
interference or in any other way result in a nuisance to the occupant of
surrounding residences.
The residential lot has sufficient area to accommodate the park ng
requirements of the dwelling unit and the home occupation.
U per Island Cove Development Regulations, Schedule C
Page 13
(I)
No regular parking of commercial vehicles except for one vehicle with a
gross weight of no greater than one tonne will be permitted on the lot or
on the road reservation adjacent to the lot.
7
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services.
Development
of marine or water related uses such as wharfs, slipways, boathouse, etc. may
be permitted. All development occurring within these limits is subject to the
approval of Council and the Department of Environment and Conservation.
8
Child Care
A day care or day nursery (i.e.: a child care operation in which services are
regularly provided to seven or more children), is subject to the following
conditions:
(a)
The operation is in accordance with all applicable provincial laws and
regulations.
(b)
A limit of one day care or day nursery will be permitted on any street.
(c)
The use will not occupy more than 70 m2 or 40% of the floor area,
whichever is less.
(d)
Provision for off-street parking will be required as per the off-street
parking requirements of these Regulations.
(e)
The drop-off and pick-up of children will not interfere with the free flow of
vehicular traffic.
(f)
The use is not located adjacent to or near hazardous, dangerous, or
incompatible uses. These include, but are not limited to, heavy industrial
uses, service stations, garages, taverns. night clubs, and amusement
uses.
Upper Island Cove Development Regulations, Schedule C
Pa e 14
9.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or ite
occupied by a permitted use or a legal non-conforming use shall be as folio s:
(a)
The size,
shape,
illumination and
material construction of the
advertisement shall meet the requirements of Council, having rega d to
the safety and convenience of users of adjacent streets and sidew lks,
and the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1 5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Po
ble
Signs") will not be allowed in the residential area.
10.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any ite,
relating to a use permitted in this or another zone, or not relating to a sp
ific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shal be
located within a reasonable distance of, and only show thereon the n me
and nature of the distance or direction to, the premises to which
ey
relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Port ble
Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignmen of
streets, the location of street junctions and nearby buildings,
nd
amenities of the surrounding area.
11.
Mature trees
Because of their importance to the landscape and to the privacy and ameni ies
of residential areas. mature trees shall be preserved and replaced as
necessary. Such trees may be removed only when they become danger us
because of age, disease or proximity to a building; if they are overcrowded, nd
unduly inhibit light and air circulation for landscape purposes and buil ing
occupancy; or if they will unduly obstruct construction.
Upper Island Cove Development Regulations, Schedule C
Page 15
USE ZONE TABLE
~Z~O~N~E~T~l~TL~E=--~~~~~~~~~__::;;cM~IX=E=DOEVELOPMENT (MDI
PERMITTED USE CLASSES - (see Regulation 89)
Sinole dwellina; recreation ooen soace and conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Double dwelling, row dwelhng, apartment building, boarding house residential, collective
residential, commercial residential, cultural and civic, general assembly, passenger assembly,
club and lodge, catering, child care, indoor assembly, medical & professional, office, personal
service, general service, communications, taxi stand, police station, medical treatment and
special care (seniors home only), take-out food service, shop, convenience store, light industry,
and antenna. ----------------------- __
___,
CONDITIONS FOR MIXED DEVELOPMENT ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
8 metres*
(b) Minimum sideyards
5 metres
(c) Minimum Rearyard
10 metres
(d) Maximum Height
10 metres
' Residential development shall conform to the standards of the Residential II Land
Use Zone.
Residential development requiring full services shall conform to the
standards of the Residential I Land Use Zone.
!.
Accessory Buildings for Residential Use
(a)
(b)
Accessory buildings shall have a combined maximum lot coverage not
exceeding 7%, up to a maximum floor area of 75 m2 , whichever is less.
Accessory buildings shall be located a minimum of 3 metres from the
nearest part of the main building and a minimum of 1 metre from a side
and rear lot line.
The maximum height of an accessory building shall be 5 metres
Upper Island Cove Development Regulations, Schedule C
Pa
16
3.
Dwelling Frontage
The front wall of a dwelling shall be parallel to the street on which it is fron ing
and has a civic number.
4.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at he
discretion of Council, provided that they are complementary to permitted u es
and will not inhibit or prejudice the existence or development of permitted us s.
5.
Buffer for Residential Uses
Where a non-residential use abuts a residential use, Council may requir a
screen or barrier such as a fence, landscaped embankment, or trees to be
erected on the non-residential site along the lot lines, consistent with he
visibility requirements for traffic safety. Alternatively, Council may increase he
sideyard and rearyard requirements on the non-residential site to pro de
additional separation from the abutting residential use.
6.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or si
occupied by a permitted use or a legal non-conforming use shall be as follow :
(a)
The size. shape, illumination and material construction of the ad
r-
tisement shall meet the requirements of Council. having regard to he
safety and convenience of users of adjacent streets and sidewalks, nd
the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow' or "Light Up Porta le
Signs") will not be allowed in the residential area.
pper Island Cove Development Regulations, Schedule C
Page 17
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions and nearby buildings, and
amenities of the surrounding area.
Home Businesses - Office, Medical and Professional Service, Personal
Service, Child Care and Light Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling
consisting of an occupation or profession which generates revenue for the
resident.
Office, medical and professional service, personal service, and light industry
uses may be permitted provided they are carried out as home occupations,
businesses operated in the dwelling, or in a building subsidiary to the dwelling
on the same lot, by the occupants of the dwelling, and meet the following
requirements.
(a)
Office uses shall be limited to small business services and professional
offices;
{b)
Light Industry uses shall be limited to fabrication for the production of
handmade articles such as clothing, arts and crafts objects, and
workshops;
(c)
The use is clearly subsidiary to the res1dentiai use. does not alter the
residential character of the dwelling unit, and does not detract from the
residential character of the neighbourhood.
(d)
No wholesale sales or storage of goods is carried out, any retail sales
are incidental and subsidiary to the approved use, no repairs to vehicles
or heavy equipment are carried out
Upper Island Cove Development Regulations. Schedule C
(e)
Activities associated with the use are not hazardous and do not
use
noticeable noise, odour, dust, fumes, or inconvenience to occupa Is of
adjoining residences.
(f)
Activities associated with the use shall be carried on inside the dw Hing
or in a building separate from the dwelling.
(g)
One building only, separate from the dwelling, may be us
in
connection with a light industrial use and service use and shall co arm
to the Accessory Buildings condition height and floor area limit fo this
zone; child care use shall be carried out in the dwelling unit
be
attached to the dwelling unit.
(h)
Except for child care, no more than 30% of the total floor area o the
dwelling is devoted to the use.
(i)
The use shall not generate traffic, parking, sewage or water u
in
excess of what is normal in the residential area.
G)
Activities associated with the use are not hazardous and do not ca
e a
noticeable increase in noise, odour, dust or fumes, nor cause elec rical
interference or in any other way result in a nuisance to the occupan s of
surrounding residences.
(k)
The residential lot has sufficient area to accommodate the pa ing
requirements of the dwelling unit and the home occupation.
(I)
No regular parking of commercial vehicles except for one vehicle w h a
gross weight of no greater than one tonne will be permitted on the I t or
on the road reservation adjacent to the lot
9.
Place of Won5hip and Educational Use
Where permitted, a place of worship and an educational use shall confor
to
the frontage, building line setback, sideyard, rearyard, lot coverage and h ight
requirements specified for a single dwelling. The only educational uses hat
may be permitted on a discretionary basis are elementary and junior
igh
schools.
10.
Convenience Store
Convenience stores will only be permitted as a discretionary use under the
following conditions:
(a)
Convenience Store may form part of the residential dwelling or b
a
stand alone building.
(b)
The retail use shall be subsidiary to the residential character of the a a.
and shall not affect residential amenities of adjoining properties.
pper Island Cove Development Regulations, Schedule C
Page 19
(c)
Adequate provision for on site parking,
loading, buffering and
landscaping.
1.
Child Care
A day care or day nursery (i.e.: a child care operation in which services are
regularly provided to seven or more children), is subject to the following
conditions:
(a)
The operation is in accordance with all applicable provincial laws and
regulations.
(b)
A limit of one day care or day nursery will be permitted on any street.
(c)
The use will not occupy more than 70 m2 or 40% of the floor area,
whichever is less.
(d)
Provision for off-street parking will be required as per the off-street
parking requirements of these Regulations.
(e)
The drop-off and pick-up of children will not interfere with the free flow of
vehicular traffic.
(f)
The use is not located adjacent to or near hazardous, dangerous. or
incompatible uses. These include, but are not limited to, heavy industrial
uses, service stations, garages, taverns, night clubs, and amusement
uses.
(g)
The use is not located adjacent to or near hazardous, dangerous, or
incompatible uses. These include, but are not limited to, heavy industrial
uses, service stations, garages. taverns, night clubs, and amusement
uses:
1 .
Boarding House Residential
A boarding or lodging house is permitted in any dwelling that can adequately
accommodate the specified number of persons. The total number of boarders
or lodgers shall not exceed (5) persons.
A "bed and breakfast" use in a dwelling may be permitted as a discretionary use
to provide room and board for tourists or the travelling public, under the
following conditions:
(a)
the use does not detract from the residential character of the neigh-
bourhood;
(b)
the use is carried out·by a resident/owner of the dweflirTg unit;
(c)
the dwelling in which the Bed and Breakfast use is carried out is similar
Upper Island Cove Development Regulations, Schedule C
Pa e20
in exterior finish, design, height, and scale to a private resid ntial
dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fenc , or
hedge;
(f)
the maximum number of guest rooms shall be five (5), and
(g)
the establlshment is
licensed
under the
Tourist Establish ent
Regulations, 1994, as amended from time to time.
13.
Outdoor Storage
Outdoor storage will not be permitted in frontyards.
It may be perrnitte
in
sideyards and rearyards.
Council may require fencing or other form
of
screening to prevent an unsightly appearance.
14.
Outdoor Market
An outdoor market may include a used car lot, provided due consideratio
1s
given to the size and scale of the development relative to the site an
to
surrounding uses. Due consideration shall also be given to buffering, off-st eel
parking, traffic movement, congestion, and safe access.
15.
General and Light Industrial Uses
General industrial uses shall be small scale light industrial uses such as s all
workshops and warehouses, and autobody repair shops shall be permi ed
provided that;
(a)
The use shall constitute entirely or partly the livelihood of a person Ii ing
in the specified dwelling;
(b)
Activities associated with the use shall be carried on in building sepa ate
from the residential dwelling;
(c)
One building only, separate from the dwelling, and located in the rea or
side yard a minimum of 2 m from any lot line, and having a maxi
m
floor area of 75 m2 and a height of no more than 6 m, may be use in
connection with the general or light industrial use;
(d)
Activities associated with the use are not hazardous and do not crea
a
nuisance.by reason of noticeable noise, odour, dust or flames, or re ult
in electrical ·interfer.ence;
Upper Island Cove Development Regulations, Schedule C
Page 21
(e)
Retail sales are incidental and subsidiary to the approved use and there
is no outdoor storage of equipment or materials.
(f)
No change is made in the type, class or extent of the use without a
permit
(g)
Adequate on-site parking, loading, buffering and landscaping is provided.
16.
Service Station
A Service Station may be permitted only in the form of pump islands to
dispense motor vehicle fuel and only in conjunction with a Convenience Store
on the same site.
7.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services.
Development
of marine or water related uses such as wharfs, slipways, boathouse, etc. may
be permitted. All development occurring within these limits is subject to the
approval of Council and the Department of Environment and Conservation.
Upper Island Cove Development Regulations, Schedule C
PagE 22
USE ZONE TABLE
ZONE TITLE
COMMERCIAL-INDUSTRIAL (C-1)
PERMITTED USE CLASSES - (see Regulation 69)
Catering, office, medical and professional, personal service, shop, and convenience store
passenger assembly (all use classes), business and personal service (all use classes),
commercial residential, service station, cultural civic and shop, outdoor assembly, mercantile (all
use classes), light industry, and general industry.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Clubs and lodges, amusement, taxi stand, police station, funeral home, indoor market, office,
aeneral services, veterinarv, antenna, recreational ooen soace, and mineral workings,,
CONDITIONS FOR COMMERCIAL HIGHWAY ZONE
1
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
(b) Minimum Sideyard Width
(c) Minimum Rearyard Depth
(d) Maximum Height
2.
Advertisements Relating to Onsite Uses
10 metres
5 metres
10 metres
15 metres
The conditions for the erection or display of an advertisement on any rot or si '
occupied by a permitted use or a legal non-conforming use shall be as follow
(a)
The size, shape, illumination and material construction of the ~~· ,,
tisement shall meet the requirements of Council, having regard to ie
safety and convenience of users of adjacent streets and sidewalks, ~ nd
the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
pper Island Cove Development Regulations, Schedule C
Page 23
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions and nearby buildings, and
amenities of the surrounding area.
General Industry
Council may consider a general industry use within this Land Use Zone such
that the proposed use is associated with an existing commercial or industrial
property.
5
Buffers (around waterways)
An area 15 metres in width on each side of rivers, ponds and tributary streams
shall be maintained in a natural state.
The limits shall be determined by
Fisheries and Oceans and the Water Resources Management Division,
Department of Environment and Conservation.
Upper Island Cove Development Regulations, Schedule C
P ge 24
6.
Landscaping and Surfacing
Lots shall be landscaped. No debris or material left over from site prepa ation
may be allowed to remain in general public view. The surface of the enti e lot
must be finished with a stable surface (grass, pavement, gravel) to e sure
dusty or muddy surface conditions will not arise.
7.
Outdoor Storage
Outdoor storage shall not be permitted in front yards, but may be permit! d in
side yards and rear yards.
Council may require fencing or other for s of
screening or buffers to prevent an unsightly appearance.
8.
Storage of Flammable Liquids
All uses and structures for the bulk storage of flammable liquids shall con arm
to the requirements of the Provincial Fire Commissioner and shal be
surrounded by such buffers and landscaping as Council may require to pr ent
damage to adjacent uses by fire, explosion, or spills of flammable liquid.
9.
Buffer for Residential Uses
Where an industrial development abuts a residential use or prop sed
residential area or is separated from it by a road only, the developer hall
provide a buffer strip not less than 10 metres wide between any reside tial
activity or area and the industrial use. The buffer shall include a natur I or
structural barrier, as deemed necessary by Council, and shall be maintaine by
the owner or occupier to the satisfaction of Council.
10.
Mineral Workings
See Condition 5 of the Rural Land Use Zone.
Jpper Island Cove Development Regulations, Schedule C
Page 25
- . .
USE ZONE TABLE
ZONE TITLE
PERMITTED USE CLASSES ·(see Regulation 89)
Conservation, recreation ooen space, cerneterv.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Aariculture, forestry; transoortation and antenna
CONSERVATION (CON)
CONDITIONS FOR CONSERVATION ZONE
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided that they are complementary to permitted uses
and will not inhibit or prejudice the existence or development of permitted uses
Agricultural Use
Traditional small scale hobby and subsistence agricultural uses may be
permitted such as vegetable gardens. Areas of steep slope where soil erosion
may occur shall not be developed for agriculture uses, unless a soil erosion
program can be developed and implemented.
: .
Cemetery
Cemeteries which are located separately from a church shall be permitted in
the Conservation land use zone.
-
Accessory Building
An accessory building may be permitted 1n association with a cemetery and
shall have a maximum floor area of 20 m2- Accessory buildings shall be located
a minimum of 3 metres from the nearest part of the main building and a
minimum of 1 metre from a side and rear lot line and a maximum height of an
accessory building shall be 5 metres.
Upper Island Cove Development Regulations, Schedule C
Pa e 26
5.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water ma k of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control floo ing
and erosion as well as bridges, pathways, and public services.
Upper Island Cove Development Regulations, Schedule C
Page27
USE ZONE TABLE
ZONE TITLE
RECREATION (REC)
PERMITIEO USE CLASSES (see Regulation 89)
Recreation, conservabon.
DISCRETIONARY lJSE CLASSES - (see Regulations 22 and 90)
Indoor assembly; outdoor assembly; cultural and civic, catering (take-out food service); antenna:
child care.
CONDITIONS FOR RECREATION LAND USE ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
5 metres
(b) Minimum Sideyards
5 metres
(c) Minimum Rearyard
10 metres
(d) Maximum Height
15 metres
~.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided that they are complementary to permitted uses
and will not inhibit or prejudice the existence or development of permitted uses.
Take-Out Food Service
A take-out food service use may be considered on a discretionary basis
provided it serves recreational activities only.
Upper Island Cove Development Regulations, Schedule C
Pa
28
4.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water ma
of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control floo ing
and erosion as well as bridges, pathways, and public services.
Develop en!
of marine or water related uses such as wharfs, slipways, boathouse, etc.
ay
be permitted. All development occurring within these limits is subject to the
approval of Council and the Department of Environment and Conservation.
Jpper Island Cove Development Regulations, Schedule C
Page 29
-
USE ZONE TABLE
ZONE TITLE
RURAL (RU)
PERMITTED USE CLASSES· (see Regulation 89)
Agriculture, forestry, recreational open space, and conservation.
DISCRETIONARY USE CLASSES ·(see Regulations 22 and 90)
Outdoor Assembly, single dwelling, veterinary, outdoor market, general industry. mineral
workina, cem~tery, animal, and antenna.
··-------'
CONDITIONS FOR RURAL ZONE
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council provided that they are complementary to permitted uses
and will not inhibit or prejudice the existence or development of permitted uses
Development Standards
The development standards for uses in this zone shall be determined case-by.
case and shall conform to the standards for the same uses in other zones.
Single Dwellings
Single residential dwellings may be permitted in conjunction with a permitted
use such as agriculture. The agricultural uses shall be a commercial business
and the full time farmer shall obtain a minimum of 50 % of his or her gross
income from the farm operation.
The commercial operation shall be in
operation for a minimum of two years before Councll will approve any
residential development
- -
General Industry
General Industrial uses and associated accessory uses may be permitted by
Council provided that:
Upper Island Cove Development Regulations, Schedule C
30
(a)
The use is restricted to maintenance and repair of equip
nt,
processing and storage related to agriculture or forestry uses,
(b)
The site Is unsuitable for location in the General Industrial zone,
(c)
Municipal services, such as town water and sewer will not be require
(d)
The proposed use will not have an adverse visual impact on the buil -up
areas of the Town and Council may require that the site be screene or
not visible from public roads and the built-up area,
(e)
The proposed use will not generate an increase in traffic on roads in the
built-up areas of the Town,
(f)
The proposed site can be developed without negative impact on the
natural environment and amenities of the Town, including watercou es
and ponds.
5.
Mineral Working
Council may permit mineral working subject to the following conditions:
{a)
Effective tree screens shall be maintained around the periphery of ny
mineral working. Where trees are not present to create an effe
screen, Council may require the installation of a landscaped emb
ment or fence.
(b)
Topsoil removed for mineral working shall be retained for restoratio of
the site.
(c)
No mineral working shall be conducted which causes danger or nuisa ce
to the public.
{d)
No mineral working shall be permitted within the view of a design
scenic road.
(e)
Proposed mineral working operations will be evaluated carefully by
Council in conjunction with the Department of Natural Resources.
(f)
No mineral working shall unacceptably reduce the quality of water i a
watercourse or waterbody.
Any access road which crosse
a
watercGurseshajl have.a:.bridge,or culvert according to the regulation of
the Department of Environment and Conservation.
pper Island Cove Development Regulations, Schedule C
Page 31
(g)
No mineral working shall result in the excavation of land below the level
of the water table nor cause the ponding of water.
However, settling
ponds may be permitted with the approval of the Department of
Environment and Conservation.
(h)
No mineral working shall be carried out in a manner which causes the
erosion of adjacent land.
(i)
The mineral working shall be kept clean of refuse, abandoned vehicles
and equipment, and derelict buildings.
U)
Upon completion of mineral working, and when there is no intention to
re-open such operations, all buildings and machinery shall be removed
from the site and the site restored so as not to constitute a danger to the
public or present an unsightly appearance.
Blueberry Management Units
Development in Blueberry Management Units is restricted to management and
harvesting of blueberries. No structures or dwellings may be erected within a
blueberry management unit.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size,
shape,
illumination and
material construction
of the
advertisement shall meet the requirements of Council, having regard to
the safety and convenience of users of adjacent streets and sidewalks,
and the general amenities of the surrounding area.
(b)
No advertisement shall exceed 5 m2 1n area.
Upper Island Cove Development Regulations, Schedule C
Pa e 32
8.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any
ite,
relating to a use permitted in this or another zone, or not relating to a spe ific
land use, shall be as follows:
(a)
No advertisement shall exceed 3 m2 in area.
(b)
When the advertisements relate to a specific land use, they shal be
located within a reasonable distance of, and only show thereon the n me
and nature of the distance or direction to, the premises to which
ey
relate.
(c)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignmen of
streets, the location of street junctions and nearby buildings, and the
amenities of the surrounding area.
9.
Seasonal Residential
Seasonal residential use and recreation cottage use shall not be permi ed
within the Rural Land Use Zone.
TOWN OF UPPER ISLAND COVE
SCHEDULE E
2011 - 2021
PLAN-TECH
.J\4
---,,r,.
ENVIRONMENT
TOWN OF UPPER ISLAND COVE
SCHEDULED
2011 -2021
PLAN-TECH
. J\1-.._
~r'
ENVIRONMENT
TJwn of Upper Island Cove
Schedule O
Page 1
OFF-STREET PARKING REQUIREMENTS
!---------·----·--------------------------- ----
CLASS
ASSEMBLY USES
-(a) Theatre ··--
-
Jfwospaces~ry 5 seats
.
···--·------
. (b) C~ltural and Civic--·
One space for every 5om· ot gross floor area
-·--· ·--------·-- ----------·-·..
,._...
--m-·---···~w----- -----·-----··---·--·--
(c) Educational
- K - 12 - 3 spaces for every classroom.
I other facilities - 1 space for every 5 persons using the facilities (students.
I
\ faculty and staff)
(d) Place ofWorship-------t-Twospace;;Torevery5 seats ·
··--·· ·
1
(e) Passenger Assembly
As specified by the Council
I
{ijPrivate Club·--·-
_
.One space for every 3 persons that may beacccmmodated at oneume:J,·
(g) Catering
One space for every 3 persons that may be accommodated at one time
I
f--·-----
-
-------·---·---- -----------;
(h) Lounges and Bars
One space for every 3 persons that may be accommodated al one time
(I) Funeral Home
.
One spacetoreVery 1 Om2 of gross fioor area
GJ Child Care
--··
One space for every 20m2 of gross floor area ·--··---- --
(k) Amusement
-- ·-- i one spacetareVery 1 om' of gross noor a;ea--······
j
(I) Indoor Assembly
j One space for every 1 a·persons that may be accommodated at one time
(m) Outdoor Assembly
j As specified by the.-~
··-----
-·
1
-
INSTITUTIONAL USES
i
(a) Detention Centre
-~specified by the Council.
·
- ------ --1
(b) Medical Treatment and Special Ca'.:_~~e space for every 20m2 Of gross floor area
fc) speeial Care
····-.--.. -· --
1 One spaCefureverytled ____ . ·······~·-- ----
' d)coJJective Residential
······--
T As specified by the Covnc1:
·--· - ----
, --··
·····-----"~····--"--
--~ ----~'-- ---
Off Street Parking Requirements. Upper Island Cove 2011-2021
Town of Upper Island Cove
Schedllle D
Page 2
RESIDENTIAL USES
I
(a) Single Dwelling
Two spaces for every dwelling unff
-·
---·--!-----~-----~----------4--1
(b)bouble Dwelling
Two spaces for every dwelling unit
~~
~-~-···----------
--~- ---
--------- --+--l
(c) Row Dwelling
Two spaces for every dwelling unit
(d) Apartment Building
-;--Three spaces for every 2-dwellingunifs-----··-
------+'
--------...;>-....J
.. (e) Subsidiary Apartment
I One spaceiar every apartmentunit
~~--:-:::---;-:----·- ..
·····--
! (I) Hospitality Home
As specified by iiie Council
!---~-- "'"
MM--------
---~---··---- ---------»-MMM--+------------------~.-----
I (g) Boarding House Residential
One space for every residential unit
I (h) Mobile Home_
-------~Two spaces fur-every residential unit
BUSINESS AND PERSONAL SREVICES
1-----------~'"
(a) Office
One space for every 20m' of gross fioor.area
-(b) Professional seniice
One space for every 20m2 of gross·f-loo_r_a-re_a ___ _
~
IEEE
=~~~--. ~~~---··_··---ij--:-··~-:-:-:-a-i:-~~=-:-y:-:-:-~C-:-:-:~:ri~-:-:-;:-:-:~:-:.:-:-:-;-:-... =======~
... -. · .. -__,·-
f) Home Occupation
········
[ Minimum of 1 space per non-resident employee
-··~·---------
----
______ ..,,. .. -·--------+-
COMMERCIAL USES
{a) Shopping Centre
I One s·pace for every 20m2 of gross floor area
:
I Min. of 2 spaces plus one space for every 20m2 of gross floor ar a !
----m __
_
(b) Shop
~------
-
····---.....
-+------ -
-·
-·.-- ----
----j
(c) Convenience Store
Min. of 2 spaces plus one space for every 2om· of gross floor ar a
I (d) Take-Out Food -m-----+-. M;.,,-in-. of2 spaces plus one space for every 1Sm' ol gross floor ar a
, (e) verid1ngstand ···
htlindaor Market
-,._,:.····---··----------····
.... -···-···-~ 0< ....
I
j Minimum of 2 spaces plus additional as specified by the Council
'
As specifiedfiy the Council
·m····
1
!fol Outdoor Market
·
- : As specified by theColiiicif
--
:
I (h) s:rvice Station
--.-
.. ---m tone space for every 20m2 of gross floor area --·---mm·-+--i
~ommercial Residential
I One space for every rent~I room
-----+--l
OffmSlreet Parking Reqwements, Upper Island Cove 2011-2021
T wn of Upper Island Cove
Schedule D
CLASS
INDUSTRIAL USES
Page3
rt-"") "'Ha-z-ard_o_u_s_l-nd_u_s_tr)/-···
·rne space for ever: employee: ~lu_s~--------
b) General Industry
: One space for every employee, plus 3
I
c+-) _L_ig_h_tl_n_du_s_try _____
···_···===~J One.space for···e_v_e_ry_e .... m
.. _Pl_oy_e_e_.· __ ·--········· ····-······-
-+·········--
..-.
-~-~-··· --~»·-------~-,--
CLASS
NON-BUILDING USES
) Outdoor Recreation
( ) Conservation
( ) Cemetery
Council ------··-- ·=··-- .
( ) Scrap Yard
Council
( ) Animal
of 2 spaces plus one space for every 20m2 of gross floor
( Transportation
As specified by the Council
0
Street Parkmg Requirements, Upper Island Cove 2011-202 ~