Wabana, Newfoundland and Labrador
· adopted 1991-10-24
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TOWN OF WABANA
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
THE URBAN AND RURAL PLANNING ACT
TOWN OF WABANA
LAND USE ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
PUBLISHED BY AUTHORITY
he Council of the Town of Wabana hereby adopts the following
Use Zoning, Subdivision and Advertisement Regulations as
ired by Section 37 of The Urban and Rural Planning Act.
ade and adopted by the Council of the Town of Wabana on
th
;)4 +h
day of Oc+ob..cA"'
, 1991.
Clerk
Ap
oved by me at St. John's this
All persons are hereby requested to take notice that anyone
wh wishes to view these Regulations may do so at the Office of the
To n Clerk of the Town Council of Wabana.
( i i )
T A B L E
0 F
C 0 N T E N T S
Regulation
Number
l.
2.
3.
4.
s.
6.
7.
8.
9.
10.
11.
12.
13.
14.
ls.
16.
l 7.
18.
19.
20.
21.
2 2.
2 3.
24.
25.
26.
2 i.
28.
APPLICATION
Short Title .............................
Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . .
Commencement
. .......................... .
Municipal Code and Regulations
Authority . ............................. .
PART 1 - GENERAL REGULATIONS
Compliance with Regulations . ........... .
Permit Required ........................ .
Permit to be Issued . ................... .
Permit not to be Issued in Certain Cases .
Discretionary Powers of Authority ...... .
Variances by Authority ........-.........
Service Levy
. . . . . . . . . . . . . . . . . . . . . . . . . . ..
·Financial Guarantees by Developer
Dedication of Land for Public Use
Reinstatement of Land
. . . . . ............. .
Form of Application
' . . ' ................ .
Register of Application
Deferment of' Appl icat ton
Outline Planning Permission ............ .
Development Permit
..................... .
Reasons for Refusing Permit
Notic':l of Application .................. .
Right Of Entry
........................ ..
Record of Violation~ . . . . . . . ............ .
Stop Work Order and Prosecution
Local Board of Appeal Established
Appointment of Local Board of Appeal
Appeal Board to Act as Local Board of
Appeal
............................... .
Page
1
1
1
2
2
3
3
3
4
5
s
7
9
10
I 0
1 0
l 1
l c
t:~
l 3
ls
16
i6
l 6
l 7
1 7
1 7
19
(iii)
Regulation
Number
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
4 3.
44.
45.
46.
4 7.
48.
49.
so.
51.
52.
s 3.
54.
SS.
56.
s 7.
Appeals to Local Board of Appeal
Effect of Decision by Local Board
of Appeal
................ : ............. .
Development may not rroceed ..............
PART II
GENERAL DEVELOPMENT STANDARDS
Accesses and Service Streets
Accessory Buildings ......................
Advertisements
Buffer Strips
. ......................... .
. . . ........................ .
Building Height
. ........................ .
Building Line and Setback . .............. .
Family and Group Care Centres
........... .
Height Exceptions
........................ .
Livestock Structures and Uses
. .......... .
Lot Area .................................
Lot Area and Size Exceptions . ........... .
Lot Frontage
Mobile Homes . . . . . . . . . . . .
~ ............... .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Non-Conforming Uses
..................... .
Offensive and Dangerous Uses
............ .
Off-street Parking Requirements
Off-street Loading Requirements . ........ .
Parks and Playgrounds and Conservation
Uses
................................... .
Screening and Landscapin~ ............... .
Services and Public Utilities .......... ..
Service Stations ...................... ·. ·
Sideyards
............................. · · ·
Street Construction Standards
........... ·
Subsidiary Apartments
................... ·
Unsubdivided Land
................... · ... ·
Zero Lot Line and Other Comprehensive
Development
....................... · ·. · · ·
Page
19
22
22
23
23
24
24
25
25
25
26
26
28
28
29
29
30
32
33
36
37
37
38
38
39
39
39
40
40
(iv)
Regulation
Number
s 8.
59.
60.
61.
6 2.
6 3.
64.
65.
66.
6 7.
6 8.
69.
70.
71.
72.
7 3.
74.
75.
76.
77.
78.
PART III
ADVERTISEMENTS
Permit Required ...................... .
Form of Application .................. .
Advertisements Prohibited in Street
Reservation ......................... .
Permit Valid for Limited Period
Removal of Advertisements
Advertisements Exempt from Control
Approval Subject to Conditions
....... .
Non-Conforming Uses
. ................. .
PART IV
SUBDIVISION OF LANO
Permit Required . . . . .................. .
Services ro be Provided
Payment of Service Levies and other
Charges ............................. .
Issue of Permit subject to
Considerations
...................... .
Building Permits Required
Form of Application
. . . . . . . . . . . . . . . . . . .
Subdivision subject to Zoning
........ .
Building Lines ....................... .
Land for Public Opirn Space ........... .
Structure in Street Reservation
Subdivision Design Standards
Engineer to Design Works and Certify
Construction Layout
................. .
Developer to Pay Engineer's Fees and
Charges ............................. .
Page
41
41
41
41
42
42
44
44
45
45
45
46
47
47
-18
48
48
so
50
53
54
(v)
Regulation
Number
79.
80.
81.
82.
8 3.
84.
85.
86.
81.
Street Works may be Deferred
Transfer of Streets and Utilities to
Authority .............................. .
Restriction on Sale of Lots
Grouping of Dwellings and Landscaping
PART V
USE ZONES
Use Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
Use Classes
. . . ......................... .
Permitted Uses
~ ........................ .
Discretionary Uses
Uses Not Permitted
......................
.......................
Page
SS
S6
57
57
59
59
60
60
60
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
(VI)
S C H E D U L E S
Definitions
Classification of Uses of
Land
and Buildings
Use Zone Tables and Schedule
of Street Reservations
Off-street Parking Requirements
Land Use Zoning Maps
TOWN OF WABANA MUNICIPAL PLAN
LAND USE. ZONING. SUBDIVISION ANO ADVERTISEMENT REGULATIONS
APPLICATION
SHORT TITLE
1.
These Regulations may be cited as the Wabana Development
Regulations.
INTERPRETATION
2.
(1)
Words and phrases used in these Regulations shall
have the meanings ascribed to them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall
have the meanings which are commonly assigned to
them in the context in which they are used in the
Regulations.
COMMENCEMENT
3.
These Regulations come into effect throughout the Wabana
Municipal Planning Area, hereinafter referred to as the
Planning Area, on the date of publication of a notice to
that effect in the Newfoundland Gazette.
AP LICATION
Pa e 2
MUNICIPAL CODE AND REGULATIONS
4.
The Building Code including the Plumbing Code, the Fire
Code, the Electrical Code, and any other ancillary code
and any Building Regulation, 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 Wabana, shall, under these
Regulations apply to the entire Planning Area.
AUTHORITY
5.
In these Regulations, "Authority" means the Council of
the Town of Wabana.
PART 1 - GENERAL REGULATIONS
COMPLIANCE WITH REGULATIONS
6.
No development shall be carried out within the
Planning Area except in accordance with these
Regulations.
PERMIT REQUIRED
7.
No person shall carry out any development within
the Planning Area except where otherwise provided
in these Regulations unless a permit for the
development has been issued by the Authority.
PERMIT TO BE ISSUED
8.
Subject to Regulations 9 and 10, a permit shall be
issued for development within the Planning Area that
conforms to:
(a)
the general development standards set out
in Part II of these Regulations, the require-
ments of Part V of these Regulations, and the
use classes, standards, requirements, and
conditions prescribed in Schedule C of th~se
Regulations for the use zone in which the
proposed development is located;
PART I
General Regulations
Page 4
(b)
the standards set out in the Building Code
and/or other ancillary codes, and any
Building Regulation, Waste Disposal Regu-
lation, and/or any other municipal regulation
in force in the Planning Area regulating or
controlling development, conservation and
use of land and buildings;
(c)
the standards set out in Part III of these
Regulations in the case of advertisement;
(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.
PERMIT NOT TO BE ISSUED IN CERTAIN CASES
9.
Neither a permit nor outline planning permission
shall be issued for development within 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
PART l - General Regulations
Page S
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.
ISCRETIONARY POWERS OF AUTHORITY
0.
In considering an application for a permit or for
outline planning permission to carry out develop-
ment, the Authority shall take into account the
policies expressed in the Municipal Plan and any
further scheme, plan or regulations pursuant
thereto, and shall assess the general appearance
of the development, its effect on the overall
development of the area, the amenity of the
surroundings, availability of utilities, public
safety and convenience, and any other considerations
which are, in its opinion, material, and notwith-
standing the conformity of the application with the
requirements of these Regulations, the Authority may,
in its discretion, and as a result of its consider-
ation of the matters set out in this Regulation,
conditionally approve or refuse the application.
ARIANCES BY AUTHORITY
1.
( l )
Where a ?ermit cannot be granted because the
propos~d development does not comply with these
Regulations, the Authority may in its discretion
PART I - General Regulations
Page 6
vary the requirements to literal conformity
with the Regulations if, in the Authority's
opinion, the requirements would prejudice the
proper development of the land, building or
structure in question, or be contrary to the
public interest.
(2)
Variance from these Regulations pursuant to
Regulation 11(1) shall only be authorized in
the following circumstances:
(a)
if, in the opinion of the Authority,
such variance is not contrary to the
general intent and purpose of these
Regulations, the Municipal Plan, or
any further scheme, plan or regulation
pursuant thereto, and the public interest;
(b)
if, prior to authorization of such
variance, the Authority has considered
its effect on adjoining properties;
(c)
if the variance does not change the
permitted use of the property;
(d)
if the Authority is satisfied that the
variance has not become necessary due
to the intentional or negligent conduct
of the owner or some other party acting
with the owner's knowledge or consent;
PART I - General Regulations
Page 7
(e)
if, prior to authorization of such variance,
the Authority has given notice of the
application in accordance with Regulation
22 and has considered any objections or
representations which may have been received
on the matter.
(3)
Variance from these Regulations pursuant to
Regulation 11(1) shall not be authorized if
such variance, when considered together with
other variances made or to be made in respect
of the same land, building or structure, would
have a cumulative effect contrary to the general
intent of these Regulations, the Municipal Plan,
or any further scheme, plan or regulation pursuant
thereto, even though the variances individually
would not have such effect.
SERVICE LEVY
1 2.
Cl)
The Authority may require a developer to pay a
service levy where development is made possible
or where the density of potential development
is increased, or where the value of property is
enhanced by the car~ying out of public works
either on or off the site of the development.
PART I - General Regulations
Page 8
(2)
A service levy shall not exceed the cost,
or estimated cost, including finance
charges to the Authority of constructing
or improving the public works referred to
in Regulation 12(1) that are necessary for
the real property to be developed in accord-
ance 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
benefitted by the public work related
to all the real property so benefitted;
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,
PART I - General Regulations
Page 9
(d)
at such other time as the Authority
may decide.
FINANCIAL GUARANTEES BY DEVELOPER
13.
( l)
The Authority may require a developer before
commencing a development to make such financial
provisions and/or enter into such agreements
as may be required to guarantee the payment
of service levies, ensure site reinstatement,
and to enforce the carrying out of any other
condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation
13(1) may be made in the form 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.
PART I - General Regulations
Page 10
DEDICATION OF LAND FOR PUBLIC USE
14,
In addition to the requirements for dedication
of land under Regulation 74, the Authority may
require the dedication of a percentage of the
land area of any subdivision or other develop-
ment for public use, and such land shall be
conveyed to the Authority in accordance with
the provisions of the Act.
REINSTATEMENT OF LAND
15.
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 them to reinstate
the site, to remove all or any buildings or
erections, to cover or fill all wells or
excavations, and to close all or any accesses,
or to do any of these things or all of them,
as the case may be, and the developer, occupier
or owner shall carry out the order of the
Authority and shall put the site in a clean
and sanitary condition to the satisfaction of
the Authority.
FORM OF APPLICATION
16.
(1)
An application for a development permit or
PART I - General Regulations
Page 11
for outline planning permission shall be
made only by the owner or by a person
authorized by the owner to the Authority
on such form as may be prescribed by the
Authority, and every application shall
include such plans, specifications and
drawings as the Authority may require,
and be accompanied by the permit fee
required by the Authority.
(2)
The Authority shall, on request, supply to
every applicant a copy of the application
forms referred to in Regulation 16(1) and
a description of the plans, specifications
and drawings required to be provided with
the application.
REGISTER OF APPLICATION
17.
The Authority shall keep a public register of
all applications for development, and shall enter
therein the Authority's decision upon each appli-
cation and the result of any appeal from that
decision.
PART I - General Regulations
Page 12
DEFERMENT OF APPLICATION
18.
(1)
The Authority may, with the written agreement
of the applicant, defer consideration of an
application.
(2)
Applications properly submitted in accord-
ance with these Regulations which have not
been determined by the Authority and on
which a decision has not been communicated
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 18(1), shall
be deemed to be refused.
OUTLINE PLANNING PERMISSION
19.
(l)
The Authority may grant outline planning
permission for the erection, alteration or
conversion 0£ a building if, after considering
an application for outline planning permission
made under these Regulations, it is satisfied
that the proposed development is, subject to
the approval of detailed plans, in compliance
with these Regulations.
(2)
Where outline planning permission is granted
under this Regulation, it shall be subject
PART I - General Regulations
Page 13
to the subsequent approval by the Authority
of such details as may be listed in the
outline planning permission, which shall also
specify that further application for approval
of these details shall be received not later
than two years from the grant of outline
planning permission.
DEVELOPMENT PERMIT
20.
(l)
A plan or drawing which has been approved by
the Authority and which bears a mark and/or
signature indicating such approval together
with a permit shall be deemed to be permission
to develop land in accordance with these
Regulations but such permission shall not
relieve the applicant from full responsibility
for obtaining permits or approvals under any
other regulation or statute prior to commencing
the development;
from having the work carrieJ
out in accordance with these Regulation, or .1nr
other regulations or statutes;
and from comnliJnce
with all conditions imposed thereunder.
(2)
Tht Authority may attach to a permit or to
outline planning permission such conditions as
it deems fit in order to ensure that the proposed
PART I - General Regulations
Page 14
development will be in accordance with
the purposes and intent of these Regu-
lations.
(3)
Where the Authority deems necessary,
permits may be issued on a temporary basis
for a period not exceeding two years, which
may be extended in writing by the 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 stated therein,
and if the development has not commenced, the
permit may be renewed for a further period
not in excess of one year, but a permit shall
not be renewed more than once, except in the
case of a permit for an advertisement, which
may be renewed in accordance with Part III
of these Regulations.
(S)
The approval of any application and plans or
drawings or the issue of a permit shall not
prevent the Authority from thereafter
requiring the correction of errors, or from
ordering the cessation, removal of, or
remedial work on any development being carried
out in the event
that the same is in violation
of this or any other regulations or statute.
PART I - General Regulations
Page 15
(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 information.
(7)
No person shall erase, alter or modify any
drawing or specifications upon which a
permit to develop has been issued by the
Authority.
(8)
There shall be kept available on the premises
where any work, matter or thing is being done
for which a permit has been issued, a copy of
the permit and any plans, drawings or speci-
fications 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.
REASONS FOR REFUSING PERMIT
21.
The Authority shall, when refusing to issue a
permit or attaching conditions to a permit, state
the reasons for so doing.
P'-~T [ - General <egul H1,,;ns
Page 16
NOTICE OF APPLICATION
22.
The Authority may, and when a variance is neces-
sary under Regulation 11, when a change in non-
conforming use is to be considered under Regula-
t ion
45,
or
when
the development
proposed
is
listed as a discretionary use in Schedule C of the
Regulations shall, at the expense of the appli-
cant, give notice of an application for a permit
or
for
outline
planning
permission,
by
public
advertisement in a newspaper circulating in the
area or by any other means deemed necessary.
RIGHT OF ENTRY
23.
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 I and for the purpose of making
surveys or examinations or obtaining information
relative to the carrying out of any development,
construction;
alteration,
repair,
or
any
other
works whatsoever which the Authority is empowered
to regulate.
RECORD OF VIOLATIONS
24.
Every inspector shall keep a record of any vio-
1 ation of these Regulations
which
comes
to
PART I - General Regulations
Page 17
his knowledge and report
that violation to the
Authority.
STOP WORK ORDER AND PROSECUTION
25.
(1)
Where a person begins a development contrary
or apparently contrary to these Regulations,
the Authority may order that person to stop
the development
or any work connected there-
with pending final adjudication in any prose-
cution arising out of the development.
(2)
A person who does not comply with an order
made under Regulation 25(1) is guilty of an
offence under the provisions of the Act.
LOCAL BOARD OF APPEAL ESTABLISHED
26.
A Local
Boar~ of Appeal shall be appointed to
hear all appeals arising from these Regulations.
APPOINTMENT OF LOCAL BOARD OF APPEAL
27.
(1)
The Authority may, subject to the approval
of the Minister, appoint not less than three
and not more than five persons to constitute
the Local Board of Appeal.
PART I - General Regulations
Page 18
(2)
The Authority under Regulation 27(1)
shall not appoint elected or appointed
officials of the Authority to be members
of the Local Board of Appeal.
(3)
Every member of the Local Board of Appeal
shall be appointed for such periods, not
exceeding the term of office of the Authority,
as may be deemed appropriate by the Authority,
and shall be eligible for re-appointment.
(4)
The Local Board of Appeal shall be presided
over by a Chairman appointed from among its
members by the Authority or in the absence
of the Chairman, such member as the members
present shall from among themselves appoint.
(5)
A majority of the members of the Local Board
of Appeal shall constitute a quorum.
(6)
The Authority may by a two-thirds vote of
its members provide for remuneration to be
paid to members of the Local Board of Appeal
and may prescribe the amount.
( 7)
Where a Local Board of Appeal has been
appointed and approved under Regulation 27(1).
the Clerk of the Authority shall be the
Secretary of that Local Board of Appeal.
PART I - General Regulations
Page 19
APPEAL BOARD TO ACT AS LOCAL BOARD OF APPEAL
28.
Where a Local Board of Appeal has not been
appointed and approved by the Minister under
Regulation 27(1), the appropriate Appeal Board
established under the provisions of the Act
shall be deemed to have been appointed as the
Local Board of Appeal, and shall carry out the
functions and exercise the same powers as if it
were appointed a Local Board of Appeal under
Regulation 27(1), but it shall not be obliged
to hold appeal hearings within the Planning Area
or to hear appeals within the time limits
established under these Regulations.
APPEALS TO LOCAL BOARD OF APPEAL
29.
(1)
The Local Board of Appeal shall hear appeals
from decisions of the Authority made under
these Regulations and shall either confirm
the decision or recommend to the Authority
that the decision be varied or reversed.
(2)
Any person may appeal to the Local Board of
Appeal from a decision of the Authority made
under these Regulations.
(3)
An appeal shall be submitted in writing to
PART I - General Regulations
Page 20
the Authority within thirty days of the
date of the decision appealed from and
shall state the circumstances and grounds
of the appeal.
(4)
Within one week of receiving an appeal,
the Authority shall forward it to the
Local Board of Appeal together with a
copy of the application appealed from and
all other correspondence, plans and pertinent
information.
(5)
The Local Board of Appeal shall meet to hear
an appeal within sixty calendar days after
that appeal has been filed with the Authority,
and shall make its decision known in writing
to the Authority and to the appellant within
two weeks of hearing the appeal.
(6)
The Authority,, the appellant, and any other
person likely to be affected by the appeal,
shall be advised of the time and place of
the appeal hearing by the Secretary at least
one week before the appeal is to be heard.
(7)
Tl1e Authori~y and the appellant are entitled,
but are not bound, to appear before the Local
Board of Appeal either personally or by
representatives appointed by them.
PART I - General Regulations
Page 21
(8)
The Local Board of Appeal shall consider
and determine each appeal in accordance
with the intent of these Regulations and
the Municipal Plan and any further plan,
scheme or regulations that are in force,
having due regard to the circumstances
and merits of the particular case and the
use of discretionary powers by the
Authority.
(9)
In determining an appeal, the Local Board
of Appeal shall be bound by the Municipal
Plan and any further scheme or plan that
is in force under the Act.
(10)
Every member of a Local Board of Appeal
shall be subject to the provisions of the
Municipalities Act with respect to conflict
of interest as if he were a councillor elected
under that Act.
(11)
The
decision of a majority of the members of
the Local Board of Appeal present, excluding
all members prohibited from voting because of
conflict of interest, shall be the decision
of the Board whose decision shall not be
subject to further appeals to any other Appeal
Board constituted under the Act.
PART I - General Regulations
Page 22
(12)
If a Local Board of Appeal is unable to
decide an appeal because of the conflict
of interest of a majority of its members,
the Authority shall, subject to the approval
of the Minister, and for that appeal only,
appoint other persons to replace those
members so affected.
EFFECT OF DECISION BY LOCAL BOARD OF APPEAL
30.
The Authority shall be bound to carry out the
recommendations of the Local Board of Appeal
unless another course of action is determined
by a vote of two-thirds of the members of the
Authority, which action shall not be subject
to further appeal.
DEVELOPMENT MAY NOT PROCEED
31.
Where an appeal is made from a decision of the
Authority, the development concerned shall not
proceed pending a decision on the appeal and
the subsequent issue of all required permits.
PART II
GEiJERAL DEVELOPMENT STA'.lDARDS
ACCESSES ANO SERVICE STREETS
32.
(1)
Accesses shall be located to the specifi·
cation of the Authority so as to ensure
the greatest possible convenience and
safety of the street system and the Authority
may prescribe the construction of service
streets to reduce the number of accesses
to collector and arterial streets.
(2)
No vehicular access shall be closer than
10 metres to the street line of any street
intersection.
ACCESSORY BUILDINGS
33.
(1)
Accesso,y 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
zone tables in these Regulations shall apply
to accessory buildings wherever they are
PART II - General Development Standards
Page 24
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 common firewall.
ADVERTISEMENTS
34.
Advertisements shall not be erected or displayed
except in accordance with Part III of these Regu-
lations.
BUFFER STRIPS
35.
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 Authority.
BUILDING HEIGHT
PART II - General Development Standards
Page 25
36.
The Authority may permit the erection of buildings
of a height greater than that specified in Schedule
C, but in such cases the building line setback and
rearyard requirements shall be varied as follows:
(a)
The building line setback shall be
increased by 2 metres for every 1
metre increase in height.
(b)
The rearyard shall not be less than
the minimum building line setback
calculated as described in (a) above
plus 6 metres.
BUILDING LINE AND SETBACK
37.
The Authority, by resolution, may establish
building lines on any existing or proposed street
or service street and may require any new buildings
to be located on those building lines, whether or
not such building lines conform to the standards
set out in the tables in Schedule C of these Regu-
lations.
FAMILY AND GRQUP CARE CENTRES
38.
Family and group care centre use is permitted in
any dwelling or apartment that is adequate in size
PART ll - General Development Standards
Page 26
to accommodate the number of persons living in
the group, inclusive of staff, provided that
in the opinion of
the Authority, the use of
the dwelling does not materially differ from,
nor adversely affect, the amenities of the
adjacent residences, or the neighbourhood in
which it is located.
The Authority may
require special access and safety features to
be provided for the occupants before occupancy
is permitted.
!!EIGHT EXCEPTIONS
39.
The height requirements prescribed in Schedule C
of these Regulations may be waived in the case
of communication masts and antennae, flagpoles,
water towers, spites, belfries, or chimneys, but
any such waiver which results in an increase of
more than 20% in the permitted height of the
structure shall only be authorized under the
provisions of Regulation 11.
LIVlS'IOCK STRUCTURES ANO USES
40.
(l)
No structure designed to cont3in more than
five animal units shall ba erected ar
PART II - General Development Standards
Page 27
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 permitted
use class in the Use Zone Tables in Schedule
C of these Regulations), and, from an area
designated for residential use in an approv-
ed Plan, and, from a Provincial or Federal
Park.
(b)
The structure shall be at least 60m from
the boundary of the property on which it
is to be erected.
(c)
The.structure shall be at least 90m from
the centre line of a street.
(d)
Th~ erection of the structure shall be
approved by the Department of Rural, Agri-
cultural and Northern Development and the
Department of the Environment.
(2)
No development for residential use shall be
permitted within 600m of an existing structure
designed to contain more than five animal units
unless the development is first approved by the
Department of Rural, Agricultural and Northern
Development.
PART II - General Development Standards
P ag.e 2 8
LOT AREA
41.
(1)
No lot shall be reduced in area, either by
the conveyance or alienation of any portion
thereof or otherwise, so that any building
or structure on such lot shall have a lot
coverage that exceeds, or a front yard, rear
yard, side yard, frontage or lot area that
is less than that permitted by these Regu-
lations for the zone in which
such lot is
located.
( 2)
Where any part of a lot is required by these
Regulations to be reserved as a yard, it
shall continue to be so used regardless of
any change in the ownership of the lot or
any part thereof, and shall not be deemed to
form part of an adjacent lat for the purpose
of computing the area thereof available for
building purposes.
LOT AREA AND SIZE EXCEPTIONS
42.
Where, at the time of coming into effect of these
'
Regulations, one or
more lats already exist in
any residential zone, with insufficient frontage or
area to permit the owner or purchaser of such a
lot or lots to comply with the provisions of these
PART II - General Development Standards
Page 29
Regulations, then these Regulations shall not
prevent the issuing of a permit by the Authority
for the erection of a dwelling thereon, provided
that the lot coverage and height are not greater
than, and the yards and floor area are not less
than the standards set out in these Regulations.
LOT FRONTAG
43.
Except where specifically provided for in the
Use Zone Tables in Schedule C of these Regulations,
no residential or commercial building shall be
erected unless the lot on
whi~h it is situated
fronts directly onto a street or forms part of a
Comprehensive Development Scheme.
MOBILE HOMES
44.
(1)
Groups of more than five mobile homes shall
be located only in approved mobile home parks
and mobile home subdivisions in Residential
Use Zones so designated and shall conform to
the requirements of the Provincial Mobile
Home Development Regulations currently in
effect.
?~?T [; - 3eneral Development Requl at ions
Page 30
(2)
No development permit shall be issued for a mobile
home lot unless it conforms with the requirements of
Regulation 23 of the Mobile Home Development Regu-
lations.
NON-CONFORMING USES
45.
(1)
Any legal use of buildings or land at the date
of the coming into effect of these Regulations
may although not conforming with the Regulations
of the Use Zone in which they are located.
(a) be continued or
(bl be changed to another non-conforming use if
after notice of an application to change the
use has been given in accordance with Regu-
1 at ion 22
and consideration given to any
objections or representations which may have
been received on
the matter, it is the
Authority's opinion, that the new use is
more compatible with the permitted use(s) in
the 'Use
Zone
in
which
the building
is
located.
(2)
A building, which is legally used for a purpose
~ot permissible within the zone in which it is
located, shall not be enlarged, extended, recon-
structed, or altered structurally, ur.less such
building is thereafter to be used for a purpose
~ermitted within that zone, provided that:
(a)
the interior of such building may be per-
mitted by the Authority to be reconstructed
PART [l - General Development Standards
Page 31
or altered, in order to render it more con-
venient or commodious for the same purpose
for which such building is legally used;
(b)
any building which at the date of the com-
ing into effect of these Regulations is
being used in a zone where such use is not
permissible
may
be
permitted
by
the
Authority to be altered structually or
extended by not more than fifty percent
of its original floor area if such alter-
ations or ex tens ions conform to all the
requirements of these Regulations except
those pertaining to 1 and use, and are
confined to the existing lot;
(3)
A building which is legally used for any purpose
but which does not conform to the Regulations
of the Use Zone in which it is located, and
which
subsequently suffers damage or
deterioration to an extent greater than fifty
percent of its replacement value, excluding
land, shall not be reconstructed except in
conformity with the Regul at 1 ons for the Use
Zone
in
which
such
building is located,
provided that:
(a)
the owner of such building may within one
year of such
damage
taking
place make
application to the Authority for a permit
to reconstruct the building for the same
purpose for which it was legally used.
PA~T II - General Development Regulations
Page 32
(b) the Authority shall before the expiration
of sixty (60) days from the day on which a
complete
application
is
received
to
construct such a building.
i)
serve a notice of expropriation in
accordnace with the Act;
or
ii)
indicate its willingness to issue a
OFFENSIVE AND DANGEROUS USES
permit to develop providinq that the
reconstruction of the building
conforms to a 11 the requirements of
these Regulations except
those
pertaining to land use, and that any
such development takes place within
the existing curtilage of the lot.
46.
No building or land shall be used for any purpose
which may be dangerous by causing or promoting fires
or other
offensive
radiation,
hazards or which may emit noxious,
or
dangerous
fumes,
smoke,
gases,
smells, ash, dust or grit, excessive
PART II - General Development Standards
Page 33
noise or vibration, or create any nuisance that
has an unpleasant effect on the senses unless
its use is authorized by the Authority and any
other authority having jurisdiction.
OFFSTREET PARKING REQUIREMENTS
47.
(1)
For every building, structure or use to be
erected, enlarged or established, there
shall be provided and maintained a quantity
of off-street parking spaces sufficient to
ensure that the flow of traffic on adjacent
streets is not impeded by the on-street
parking of vehicles associated with that
building, structure or use.
(2)
The num~er 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 case 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 lot as the dwelling or dwellings.
PART II - General Development Standards
Page 34
Parking space for apartments shall be
provided in the rear yard where possible.
In a Non-Residential Zone, parking spaces
shall be provided within the limits of the
zone in which the use is situated and not
more than 200 m distant from the use con-
cerned.
(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 necessary for any vehicle to reverse
onto or from a street.
(5)
Where, in these Regulations, parking facilities
for more than four vehicles are required or
permitted:
(a)
parking space shall mean an area of land,
not less than 15 m2 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 constructed and
maintained to the specifications of the
Authority;
(c)
the lights used for illumination of the
parking area shall be so arranged as to
PART II - General Development Standards
Page 35
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 be erected
in the parking area for the use of
attendants in the area;
(e)
except in zones in which a service station
is a permitted use, no gasoline pump or
other service station equipment shall be
located or maintained on a parking area;
(f)
no part of any off-street parking area
shall be closer than l.S m to the front
lot line in any zone;
(g)
access to parking areas in non-residential
zones shall not be by way of residential
zones.
(h)
where a parking area is in or abuts a
residential zone, a natural or structural
barrier at least 1 m in height shall be
erected and maintained along all lot lines.
(i)
where, in the opinion of the Authority,
strict application of the above parking
requirements is impractical or undesirable,
the Authority may as a condition of a
permit require the developer to pay a
PART II - General Development Standards
Pa g ~ 36
service levy in accordance with these
Regulations in lieu of the provision
of a parking area, and the full amount
of the levy charged shall be used by the
Authority for the provision and upkeep
of alternative parking facilities
within the general vicinity of the develop-
ment.
OFF-STREET LOADING REQUIREMENTS
48.
(1)
For every building, structure or use to be
erected, enlarged or established requiring
the shipping, loading or unloading of animals,
goods, wares or merchandise, there shall be
provided and maintained for the premises
loading facilities on land that is not part
of a street comprised of one or more loading
spaces, 15 m long, 4 m wide, and having a
vertical clearance of at least 4 m with direct
access to a street or with access by a drive-
way of a minimum width of 6 m to a street.
(2)
The number of loading spaces to be provided
shall be determined by the Authority.
(3)
The loading facilities required by this Regu-
lation shall be so arranged that vehicles can
PART II - General Development Standards
Page 37
manoeuvre clear of any street and so that it
is not necessary for any vehicle to reverse
onto or from a street.
PARKS AND PLAYGROUNDS, AND CONSERVATION USES
49.
Nothing in these Regulations shall prevent the
designation of conservation areas or the establish-
ment 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.
SCREENING AND LANDSCAPING
SO.
The Authority. may, in the case of
existing unsightly
development, order the owner or occupier to provide
adequate and suitable landscaping or screening;
and
for this purpose may require the submission of an
application giving details of the landscaping or
screening, and these Regulations shall then apply to
that application.
The provision of adequate and
suitable landscaping or screening may be 01ade a con-
dition of any development permit where, in the
opinion of the Authority, the landscaping or
screening is desirable to preserve amenity, or
protect the environment.
PART II - General Development Standards
Page 38
SERVICES AND PUBLIC UTILITIES
51.
The Authority may within any zone permit land
to be used in conjunction with the provision of
public services and public utilities if the use
of that land is necessary to the proper operation
of the public service or public utility 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.
SERVICE STATIONS
52.
The following requirements shall apply to all
proposed service stations:
(a)
All gasoline pumps shall be located on
pump islands designed for such purpose,
and to which
automobiles may gain access
from either side.
(b)
Pump islands shall be set back at least
4 metres from the front lot line.
(c)
Accesses shall not be less than 7 metres
wide and shall be clearly marked, and
where a service station is located on a
corner lot, the minimum distance between
SI DEY ARDS
PART II - General Development Standards
Page 39
an access and the intersection of street lines
at the junction shall be 10 metres and the
lot line between entrances shall be clearly
indicated.
53.
A sideyard which shall be kept clear of obstruction
shall be provided on the exposed sides of every
building in order to provide access for the mainten-
ance of that building.
STREET CONSTRUCTION STANDARDS
54.
A new street may not be constructed except in
accordance with and to the design and specific-
ations laid down by the Authority.
SUBSIDIARY APARTMENTS
SS.
Subsidiary apartments may be permitted in single
dwellings only, and for the purposes of calculating
lot area and yard requirements, shall be considered
part of the self-contained dwelling.
PART II - General Development Standards
Page 40
· UNSUBDIVIDED LAND
56.
Development is not permitted on unsubdivided
land unless sufficient ar~a 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.
ZERO LOT LINE ANO OTHER COMPREHENSIVE DEVELOPMENT
57.
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 compre-
hensive 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 develop-
ment.
PERMIT REQUIRED
58.
Subject to the provisions of Regulation 63, no
advertisement shall be erected or displayed in
the Planning Area unless a permit for the adver-
tisement is first obtained from the Authority.
FORM OF APPLICATION
59.
Application for a permit to erect or display
an advertisement shall be made to the Authority
in accordance with Regulation 16.
ADVERTISEMENTS PROHiaITED IN STREET RESERVATION
60.
No advertisement shall be permitted to be erected
or displayed within, on or over any highway or
street re~ervation.
PERMIT VALID FOR LIMITED PERIOD
61.
A permit granted unde? these Regulations for the
erection or display of an advertisement shall be
for a limited period, not exceeding two years, but
PART III - Advertisements
Page 42
may be renewed at the discretion of the Authority
for similar periods.
REMOVAL OF ADVERTISEMENTS
62.
Notwithstanding the provisions of these Regulations,
the Authority may require the removal of any advert-
isement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its
siting, colour, illumination, or structural
condition;
or,
(b)
detrimental to the amenities of the surround-
ing area.
ADVERTISEMENTS EXEMPT FROM CONTROL
63.
The following advertisements may be erected or
displayed in the Planning Area without appli-
cation to the Authority:
(a)
on a dwelling or within the curtilage of
a dwelling, one nameplate not exceeding
0.2 m2 in area;
(b)
on an agricultural holding or farm, a
notice board not exceeding l m2 in area
and relating to the operations being con-
ducted on the land;
PART III - Advertisements
Page 43
(c)
on land used for forestry purposes, signs
or notices not exceeding l m2 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 opera-
tions, a notice board not exceeding 1 m2 in
area relating to the operation conducted on
the land;
(e)
on a dwelling or within the curtilage of a
dwelling, one nameplate not exceeding 0.2 m2
in area in connection with the practice of
a professional person carried on in the
premises;
(f)
on any s~te occupied by a church, school,
library, art gallery, museum, institution or
cemetery, one notice board not exceeding
1 m2 in. area.
(g)
on the principal facade of any commercial,
industrial or public building, the name of
th~ 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.
PART III - Advertisements
Page 44
(h)
on any parking lot directional signs and
one sign not exceeding 1 m2 in size,
identifying the parking lot.
APPROVAL SUBJECT TO CONDITIONS
64.
A permit may only be issued for the erection or
display of advertisements which comply with the
appropriate conditions and specifications set
out in the Use Zone Tables in Schedule C of
these Regulations.
NON-CONFORMING USES
65.
Notwithstanding the provisions of Regulation 58,
a permit may be issued for the erection or display
of advertisements on a building or within the
curtilage of a building or on a parcel of land,
the use of which is a non conforming use, provided
.
that the advertisement does not exceed the size
and type of advertisement which could be permitted
if the development was in a Use Zone appropriate
to its use, and subject to any other conditions
deemed appropriate by the Authority.
PART IV
SUBDIVISION OF LAND
PERMIT REQUIRED
66.
No land in the Planning Area shall be subdivided
unless a permit for the development of the sub-
division is first obtained from the Authority.
SERVICES TO BE PROVIDED
67.
No permit shall be issued for the development
of a subdivision unless provisions satisfactory
to the Authority have been made in the appli-
cation for a supply of drinking water, a
properly designed sewage disposal system, and
a properly designed storm drainage system.
PAYMENT OF SERVICE LEVIES AND OTHER CHARGES
68.
No permit shall be issued for the development
of a subdivisfon 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 develop-
ment of the subdivision, and all service levies and
other charges imposed under Regulations 12 and 13.
PART IV - Subdivision of Land
Page 46
ISSUE OF PERMIT SUBJECT TO CONSIDERATIONS
69.
A permit shall not be issued when, in the opinion
of the Authority, the development of a subdivisio
does not contribute to the orderly growth of the
municipality and does not demonstrate sound desig
principles.
In 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;
(f)
the relationship of the project to
existing or potential sources of nuisance
(g)
soil and subsoil characteristics;
(h)
the topography of the site and its draina e;
PART IV - Subdivision of Land
Page 47
(i)
natural features such as lakes, streams,
topsoil, trees and shrubs;
(j)
prevailing winds;
(k)
visual quality;
(1)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the
proposed development.
BUILDING PERMITS
REQUIR~D
70.
Notwithstanding the approval of a subdivision by
the Authority, a separate building permit shall
be obtained for each building proposed to be
erected in the area of the subdivision, and no
building permit for any building in the area
shall be issued until the developer has complied
with all the'provisions of these Regulations with
respect to the development of the subdivision.
FORM OF APPLICATION
71.
Application for a permit to develop a subdivision
shall be made to the Authority in accordance with
Regulation 16.
PART IV - Subdivision of Land
Page 48
SUBDIVISION SUBJECT TO ZONING
72.
The subdivision of land shall be permitted only
in conformity with the Use Zones delineated on
the Zoning Maps.
BUILDING LINES
73.
The Authority may establish building lines for
any subdivision street and require any new
building to be located on such building lines.
LAND FOR PUBLIC OPEN SPACE
74.
(1)
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 than 10% of the gross
area of the subdivision or 25 m2
for every
dwelling unit permitted in the subdivision,
whichever is ~he greater, for public open space,
provided thl't:
(a)
where land is subdivided for any purpose
other than residential use, the Authority
shall determine the percentage of land to
be dedicated;
(b)
if, in the opinion of the Authority, no
public open space is required, the land
Amdt. 1/83
PART
~V - Subdivision of Land
Page 49
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 develop-
ment 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 accord-
ance with Regulation 74 (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 of any development that conforms
with the requirements of these Regulations, and
the proceeds of any sale or other disposition of
Amdt. 2/ 84
PART IV - Subdivision of Land
Page SO
land shall be applied against the cost of
acquisition or development of any other land
for the purposes of public open space or oth r
public purposes.
(3)
The Authority may require a strip of land to
be reserved and remain undeveloped along the
banks of any river, brook or pond, and this
land may, at the discretion of the Authority
constitute the requirement of land for publi
use under Regulation 74(1).
STRUCTURE IN STREET RESERVATION
75.
The placing within any street reservation of any
structure (for example, a hydro pole, telegraph
or telephone pole, fire hydrant, mail box, fire
alarm, sign post) shall receive the prior approval
of the Authority which shall be satisfied on the
question of safe construction and relationship to
the adjoining buildings and other structures withi
the street reservation.
SUBDIVISION DESIGN STANDARDS
76.
No permit shall be issued for the development of a
subdivision under these Regulations unless the des gn
of the subdivision conforms to the following ~tand rds:
Arndt. 2/84
PART IV -
Subdivision of Land
Page 51
(a)
The finished grade of streets shall not exceed 10
per cent.
(b)
Every cul de sac shall be provided with a turning
circle of a diameter of not less than 30m.
(c)
The maximum length of any cul de sac shall be:
i)
200m in areas served by or planned to be
served by municipal piped water and sewer
services, as shown in the map and letter of
agreement signed by the Municipality and the
Minister of Municipal and Provincial Affairs
in connection with municipal five-year capital
works program eligibility.
ii)
300rn in areas not served by or planned to be
served by municipal piped water and sewer
services.
(d)
Emergency vehicle access to a cul de sac shall be
not less than 3m wide and shall connect the head of
the cul de sac with an adjacent street.
(e)
No cul de sac shall be located so as to appear to
terminate a collector street.
(f)
New subdivisions shall have street connections with
an existing street or streets.
AMDT 7/91
PART IV - Subdivision of Land
Page 52
(g)
All street intersections shall
be
constructe
within 5° of a right angle and this alignment
be maintained for 30m from the intersection.
(h)
No street intersection shall be closer than 60m t
any other street intersection.
(i)
No more than four streets shall join at any stre
intc::::section.
(j)
No residential street block shall be longer th n
490m between street intersections.
(k)
Streets
in
residential
subdivisions
shall
e
designed in accordance with the approved standar s
of the Authority,
but in the absence of su h
standards, shall confirm to the following minim m
standards:
Arterial
collector Streets
Local Residential Str'2ets
Where more than soi of
the units are singl<o
or double dwellings
Where 50% or more of
the units are row
houses or apartments
Service Streets
Street
30 m
20 rn
15 m
20 m
15 m
Pavement
Width
15 m
15 rn
9 m
9 rn
9 m
Sidewalk
Width
1. 5 m
1. 5 m
1. 5 m
l. 5 m
l. 5 m
2
1
2
PART IV - Subdivision of Land
Page 53
(1)
No lot intended for residential purposes shall
have a depth exceeding four times the frontage.
(m)
Residential lots shall not be permitted which
abut a local street at both front and rear lot
lines.
(n)
The Authority may require any existing natural,
historical or architectoral 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.
ENGINEER TO DESIGN WORKS AND CERTIFY CONSTRUCTION LAYOUT
77.
(1)
Plans and specifications for all water mains,
hydrants, sanitary sewers, storm sewers and all
appurtenances thereto and all streets, paving,
curbs, gutters and catch basins and all other
utilities deemed necessary by the Authority to
service the area proposed to be developed or
subdivided shall be designed and prepared by
or approved by the Engineer.
Such designs and
specifications shall, upon approval by the
Authority, be incorporated in the plan of sub-
division.
.<\Jndt. 1/83
PART IV - Subdivision of Land
Page· 54
(2)
Upon approval by the Authority of the
proposed subdivision, the Engineer shall
certify all work of construction layout
preliminary to the construction of the
works and thereupon the developer shall
proceed to the construction and installation,
at his own cost and in accordance with the
approved designs and specifications and the
construction layout certified by the Engineer,
of all such water mains, hydrants, sanitary
sewers and all appurtenances and of all such
streets and other works deemed necessary by
the Authority to service the said area.
DEVELOPER TO PAY ENGINEER'S FEES ANO CHARGES
78.
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 supervision of construction;
such fees and
charges being percentages of the total cost of
materials and labour for the construction and
installation of all works calculated in accordance
with the Schedule of Fees recommended by the
Association of Professional Engineers of Newfouund-
land and in effect at the time the work is carried
out.
STREET WORKS MAY BE DEFERRED
PART IV - Subdivision of Land
Page SS
79.
The construction and installation of all curbs
and gutters, catch basins, sidewalks and paving
specified by the Authority as being necessary,
may, at the Authority's discretion, be deferred
until a later stage of the work on the develop-
ment 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 be
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 be credited
to the developer.
PART IV - Subdivision of Land
Page. 56
TRANSFER OF STREETS AND UTILITIES TO AUTHORITY
80.
(1)
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 use as streets,
or other rights-of-way, or for other
public use;
(b)
all services or public works including
streets, water supply and distribution
and sanitary and storm drainage systems
installed in the subdivision that are
normally owned and operated by the
Authority.
(2)
Before the' Authority shall accept the transfer
of lands, services or public works of any
subdivision, the Engineer shall, at the
cast to the developer, test the streets,
services and public works installed in the
subdivision and certify his satisfaction with
their installation.
PART IV - Subdivision of Land
Page 5 7
(3)
The Authority shall not provide maintenance
for any street, service or public work in
any subdivision until such time as such
street, service or public work has been
transferred to and accepted by the Authority.
RESTRICTION ON SALE OF LOTS
81.
The developer shall not develop or dispose of any
lot within a subdivision for the purposes of develop-
ment and no building permit shall be issued until
the Authority is satisfied that:
(a)
the lot can be served with satisfactory
water supply and sewage disposal systems;
and,
(b)
satisfactory access to a street is provided
for the lots.
GROUPING OF BUILDINGS ANO LANDSCAPING
82.
(l)
Each plan of subdivision shall make provision
for the grouping of building types and for
landscaping in order to enhance the visual
aspe=ts of the completed development and to
make the most use of existing topography and
vegetation.
Arndt. l/ 8~
PART IV - Subdivision of Land
Page· SS
(2)
Building groupings, once approved by the
Authority, shall not be changed without
written application to and subsequent
approval of the Authority.
PART V - USE ZONES
USE ZONES
83.
(1)
For the purpose of these Regulations, the
Planning Area is divided into Use Zones
which are shown on the Zoning Map attached
to and forming part of these Regulations.
(2)
Subject to Regulation 83 (3), the permitted
use classes, discretionary use classes,
standards, requirements and conditions applic-
able 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.
USE CLASSES
84.
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.
PART V -
Use Zones
Page
6~·
PERMITTED USES
85.
Subject to these Regulations, the uses that
fall within the Permitted Use Classes set
out in the appropriate Use Zone Table in
Schedule C shall be permitted by the Authority
in that Use Zone.
DISCRETIONARY USES
86.
Subject to these Regulations, the uses that fall
within the Discretionary Use Classes set out in
the appropriate Use Zone Table in Schedule C may
be permitted in that Use Zone if the Authority
is satisfied that the development would not be
contrary to the general intent and purpose of
these Regulations, the Municipal Plan, or any
further scheme or plan or regulation pursuant
thereto, and to ·the public interest, and if the
Authority has given notice of the application
in accordance ~ith Regulation 22 and has considered
any objections or representations which may have
been received on the matter.
USES NOT PERMITTED
87.
Uses that do not fall within the Permitted Use
Classes or Discretionary Use Classes set out in
the appropriate Use Zone Tables in Schedule C,
shall not be permitted in that Use Zone.
SCHEDULE A
DEFINITIONS
"ACCESS" means a way, intended for use by vehicles,
pedestrians or animals as a means of going from a
road, street or highway to land adjacent to it.
"ACCESSORY BUILDING" means a detached subordinate
building not used for human habitation, located on
the same lot as the main building structure or use
to which it is accessory, the use of which is naturally
or customarily incidental and complementary to the main
use of the building, land or structure, and shall include:
a)
In the case of 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.
bl
In the case of commercial uses:
workshops
or garages.
c)
In the case of industrial uses:
garages,
offices, raised ramps and docks.
"ACT" means the Urban and Rural Planning Act.
SCHEDULE A - Definitions
Page 2
"ADVERTISEMENT" means any word, letter, model, sign,
placard, board, notice, device or representation,
whether illuminated or not, in the nature of and
employed wholly or in part for the purposes of advertise-
ment, announcement or direction;
excluding such thing
employed wholly as a memorial, or functional advertise-
ment of Councils, or other local authorities, public
utilities and public transport undertakers, and
including any hoarding or similar structure used or
adapted for use for the display of advertisements.
"AGRICULTURE" means horticulture, fruit growing, grain
growing, seed growing, dairy farming, the breeding or
rearing of livestock, including any creature kept for
the production of food, wool, skins, or fur, or for
the purpose of its use in the farming of land, the use
of land as grating land, meadow land, osier land,
market gardens and nursery grounds and the use of land
for woodlands where that use is ancillary to the
farming of land for any other purpose, and "agricultural"
shall be construed accordingly.
"AMUSEMENT USE" means the use of land or buildings
equipped for the playing of electronic, mechanical,
or other games and amusements including electronic
games, pin ball games and slot machine arcades and
billiard and poo1 halls.
SCHEDULE A - Definitions
Page 3
"ANIMAL UNIT" means any one of the following animals
or groups of animals:
l Bull
1000 Broiler Chickens or roasters
(l.8-2.3 kg each)
l Cow (including calf)
100 Female Mink
(including associated males and kits)
100 Female Rabbits
(including associated males and litter)
4 Goats
X Hogs (based on 453.6 kg - l unit)
l Horse (including foal)
125 Laying Hens
4 Sheep (including lambs)
l Sow or Breed Sow
(including weaners and growers based
on 453.6 kg = 1 unit)
x Turkeys, Ducks, Geese
(based on 2,268 kg= l unit).
"APARTMENT BUILDING" means a bl.lilding containing three
or more dwelling units, bl.It does not include a row
dwelling.
"APPEAL BOARD" means the appropriate Appeal Board estab-
lished l.lnder the Act.
"ARTERIAL STREET" means the streets in the Planning Area
constituting the main traffic arteries of the area and
defined as arterial streets or highways in the Municipal
Plan or on the Zoning Map.
SCHEDULE A - Definitions
Page 4
"BOARDING HOUSE" means a dwelling in which at least
2 rooms are regularly rented to persons other then
the immediate family of the owner or tenant.
"BUILDING" means every structure, erection, excavation,
alteration or improvement whatsoever placed on, over
or under land, or attached, anchored or moored to
land, and includes mobile structures, vehicles and
marine vessels adapted or constructed for residential,
commercial, industrial and other like uses, and any
part of a building as so defined and any fixtures that
form part of a building.
"BUILDING LINE" means a line established by the
Authority to set the horizontal distance between the
closest point of a building and the street line.
"COLLECTOR STREET" means a street that is designed to
link local streets with arterial streets and which is
designated as a collector street in the Municipal Plan,
or on the Zoning Map.
"DAY CARE CENTRE" or "DAY NURSERY" means a building or
part of a building in which services and activities are
regularly provided to children of pre-school age during
the full daytime period as defined under the Day Nurseries
Act, but does not include a school as defined by the
Schools Act.
SCHEDULE A - Definitions
Page S
"DEVELOPMENT" means the carrying out of any building,
engineering, mining or other operations in, on, over,
or under land, or the making of any material change in
the use, or the intensity of use of any land, buildings,
or premises and without limiting the generality of the
foregoing, shall specifically include:
a)
the making of an access onto a highway,
road or way;
b)
the erection of an advertisement or sign;
c)
the parking of a trailer, or vehicle of
any description used for the sale of
refreshments or merchandise, or as an
office, or for living accommodation, for
any period of time.
and shall exclude:
d)
the carrying out of works for the maintenance,
improvement or other alteration or any building,
being works which affect only the interior of
the building or which do not materially affect
the external appearance or use of the building;
el
the carrying out by a highway authority of any
works required for the maintenance or improve-
ment of a road, being works carried out on land
within the boundaries of the road reservation;
f)
the carrying out by any local authority or
statutory undertakers of any works for the
purpose of inspecting, repairing or renewing
any sewers, mains, pipes, cables or other
apparatus, including the breaking open of any
street or other land for that purpose;
SCHEDULE A - Definitions
Page 6
g)
the use of any building or land within
the curtilage of a dwelling house for any
purpose incidental to the enjoyment of
the dwelling house as such.
"DIRECTOR" means the Director of Urban and Rural
Planning.
"DOUBLE DWELLING" means a building containing two
dwelling units, placed one above the other, or side
by side, but does not include a self-contained dwelling
containing a subsidiary apartment.
"DIVELLING UNIT" means a self-contained unit consisting
of one or more habitable rooms used or designed as the
living quarters for one household.
"ENGINEER" means a professional engineer employed or
retained by the Authority.
"FAMILY AND GROUP CARE CENTRE" means a dwelling
accommodating up to but no more than six (6) persons
exclusive of staff in a home-like setting.
Subject
to the size limitation, this definition includes,
but is not limited to, the facilities called "Group
Homes", "Half1o1ay House", and "Foster Home".
SCHEDULE A - Definitions
Page 7
"FLOOR AREA" means the total area of all floors in a
building measured to the outside face of exterior walls.
"FRONTAGE" means the horizontal distance between side lot
lines measured at the building line.
"FRONT YARD DEPTH" means the distance between the front
lot line of a lot and the front wall of the main building
on the lot.
"GARAGE" means a building erected for the storage of motor
vehicles as an ancillary use to a main building on the
lot.
"GENERAL H:DUSTR'l". r.1eans the use of land or buildings
for the purpose of storing, assembling, altering, repairing,
manufacturing, fabricating, packing, canning, preparing,
breaking up, demolishing, or treating any article, commodity
or substance;
and ''industry'' shall be construed accordingly.
"GENERAL GARAGE" means land or buildings used exclusively
for repair, maintenance and storage of motor vehicles
and may
includ~ the sale of gasoline or diesel oil.
"HAZARDOUS INDUSTRY" means the use of land or buildings
for industrial purposes involving the use of materials or
SCllEDULE A - Definitions
Page·8
processes which because of their inherent character-
istics, constitute a special fire, ~xplosion, radiation
or other hazard.
"INSPECTOR" means any person appointed and engaged as
an Inspector by the Authority or by any federal or
provincial authority or the agent thereof.
"INSTITUTION" means a building or part thereof occupied
or used by persons who:
(a)
are involuntarily detained, or detained
for penal or correctional purposes, or
whose liberty is restricted;
or
(b)
require special care or treatment because
of age, mental or physical limitations or
medical conditions.
"LAND" includes land covered by water, and buildings and
structures on, over, or under the soil and fixtures that
form part of these bu.ildings and structures.
"LIGHT INDUSTRY" means use of any land or buildings for
any general industrial use that can be carried out with-
out hazard or intrusion and without detriment to the
amenity of the surrounding area by reason of noise,
vibration, smell, fumes, smoke, grit, soot, ash, dust,
glare or appearance.
SCHEDULE A - Definitions
Page 9
"LOCAL STREET" means a street designed primarily to
provide access to. adjoining land and which is not
designated as a collector street or arterial street
in the Municipal Plan, or on the Zoning Map.
"LODGING HOUSE" means a dwelling in which at least
2 rooms are regularly rented to persons other than
the immediate family of the owner or tenant.
"LOT" means any plot, tract or parcel of land which
can be considered as a unit of land for a particular
use or building.
''LOT COVERAGE'' means the combined area of all buildings
on the lot measured at the level of the lowest floor
above the established grade expressed as a percentage
of the total area of the lot.
"LOT AREA" means the total horizontal area within the
lot lines of the lot.
"MINERAL WORKING" means land or buildings used for the
working or extraction of any naturally occurring sub-
stance.
"MOBILE HOME" means a transportable factory-built single
family dwelling unit:
(a)
which complies with space standards
substantially equal to those laid down
in the Canadian Code for Residential
SCHEDULE A - Definitions
Page 10
Construction and is in accordance with
the construction standards laid down
and all other applicable Provincial
and Municipal Codes;
and,
(b)
which is designed to be:
(i)
transported on its own wheels and
chassis to a mobile home lot, and
subsequently supported on its own
wheels, jacks, posts or piers, or
on a permanent foundation;
and,
(ii)
connected to exterior public
utilities approved by the Authority,
namely, piped water, piped sewer,
electricity and telephone, in order
for such mobile home unit to be
suitable for year round term
occupancy.
''MOBILE HOME PARK'' means a mobile home development under
single or joint ownership, cared for and controlled by a
mobile home park operator where individual mobile home
lots are rented or leased with or without mobile home
units placed on them and where ownership and responsibility
for the maintenance a~d development of site facilities
including underground services, access roads, communal
areas, snow clearing and garbage collection, or any of
them, are the responsibility of the mobile home park
management, and where the mobile home development is
classified as a mobile home park ~y the Authority.
SCHEDULE A - Definitions
Page 11
"MOBILE HOME SUBDIVISION" means a mobile home develop-
ment requiring the subdivision of land whether in single
or joint ownership into two or oore pieces or parcels of
land for the purpose of locating thereon mobile home
units under either freehold or leasehold tenure and
where the maintenance of streets and services is the
responsibility of a municipality or public authority,
and where the mobile home development is classified as
a mobile home subdivision by the Authority.
"OWNER" means any person, firm or corporation controlling
the property under consideration.
"PIT ANO QUARRY WORKING" carries the same meaning as
Mineral Working.
"REAR YARD DEPT.H" means the distance between the rear
lot line and the rear wall of the main building on the
lot.
"RESTAURANT" means a building or part thereof, designed
or intended to be used or occupied for the purpose of
serving the general public with meals or refreshments
for consumption on the premises.
''ROW DWELLING'' means three or more dwelling units at
ground level in one building, each unit separated
vertically fr~m the others.
SCHEDULE A - Definitions
Page 12
"SEASONAL RESIDENCE" means a dwelling which is
designed or intended for seasonal or recreational
use, and is not intended for use as permanent living
quarters.
"SERVICE STATION" means any land or building used
exclusively for the sale of petroleum products,
automotive parts and accessories, minor repairs,
washing and polishing of motor vehicles.
"SERVICE STREET" means a street constructed parallel
to or close to another street for the purpose of
limiting direct access to that street.
''SHOP'' means a building or part thereof used for retail
trade wherein the primary purpose is the selling or
offering for sale of goods, wares or merchandise by
retail or the the sel!ing or offering for sale of
retail services but does not include an establishment
wherein the primary purpose is the serving of meals or
'
refreshments, an amusement use, a general garage, or a
service station.
"SHOPPING CENTRE" means a group of shops and comple-
mentary uses with integrated parking and which is planned
developed and designed as a unit containing a minimum of
S retail establishments.
SCHEDULE A - Definitions
Page 13
"SIDEYARD WIDTH" means the distance between a side lot
line and the nearest side wall o~ any building on the
lot.
"SHOWROOM" means a building or part of a building in
which samples or patterns are displayed and in which
orders may be taken for goods, wares or merchandise,
including vehicles and equipment, for later delivery.
"STREET" means any street, road or highway or any other
way designed or intended for public use for the passage
of vehicles and pedestrians, owned by the Authority or
other public agency and maintained at public expense,
and is accessible to Fire Department vehicles and equip-
ment.
"STREET LINE" means the edge of a street, road or highway
reservation as defined by the authority having jurisdiction.
"SUBDIVISION" means the dividing of any land, whether in
single or joint ownership, into two or more pieces for
the purpose of deve1opment.
"SUBSIDIARY APARTMENT" means a separate dwelling unit
constructed within and subsidiary to a self-contained
dwelling.
"TAKE-OUT FOOD SERVICE" means a building in which the
primary purpose is the preparation and sale of meals or
SCHEDULE A - Definitions
Page.14
refreshments for consumption off the premises.
"TAVERN" includes a nightclub and means a building
licensed or licensable under the Liquor Control Act
wherein meals and food may be served for consumption
on the premises and in which entertainment may be
provided.
"USE ZONE" or "ZONE" means an area of land including
buildings and water designated on the Zoning Map to
which the uses, standards and conditions of a particular
Use Zone Table in Schedule C of the Regulations relate.
"ZONING MAP" means the map or maps attached to and form-
ing part of the Regulations.
SCJIEDIJLE 8
C~ASSIFICAT!O~ OF USES OF
LA~D AND
BUILDl~GS
OTE:
The clas~if:cation of uses set out in the following table is
based on the Classification of Typical Occupancies included
as Table 3.1.2.A of the National Building Code of Canada, 1980.
This classification is referred to in Regulation 84.
GROUP
A.
ASSEMBLY
USES
DIVISION
CLASS
l.
Assembly Uses
(a) Theatre
intended for
2.
the production
and viewing of
the performing
arts.
General
Assembly
Uses
(a) Cultural
and
Civic
(b) General
Assembly
(c)
Educational
(d) Place
of
Worship
(e) Passenger
Assembly
(f) Club
and Lodge
EXAMPLES
Motion Picture Theatres
Theatres
T.V. Studios admitting
an audience.
Libraries
Museums
Art Galleries
, Court Rooms
Meeting Rooms
Council Chambers
Community Halls
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowling Alleys
Schools
Colleges
(non residential)
Churches and similar
places of worship.
Church Halls
Passenger Terminals.
Private Clubs and
Lodges(non residential)
Arndt. Z/84
;cHEDULE B
-
2 -
CLASS IP-I CAT ION OF USES OF LAND AND BUILDINGS
I
GROUP
DIVISION
CLASS
EXAMPLES
I
I
I
A. ASSEMBLY
2.
General
(g) Catering
Restaurants
USES
Assembly
Bars
(continued)
Uses
Lounges
(continued)
I I
I
(h) Funeral
Funeral Homes and
Home
Chapels.
( i) Child
'
Day Care Centres
Care
(j) Amusement
Electronic Games
Arcades
Pinball Parlours
Poolrooms
-
'
3.
Arena-type
(a) Indoor
Arenas
Uses
Assembly
Armouries
Ice Rinks
Indoor Swimming Pools
4.
Open-air
(a) Outdoor
Bleachers
I
Assembly
Assembly
Grandstands
Uses
Outdoor Ice Rinks
and Swimming Pools
Amusement Parks
and Fair-grounds
Exhibition Grounds
Drive-in Theatres
B. lNSTITt!l'IONAL
1.
Penal and
(a) Penal
Jails
USES
Correctional
and
Penitentiaries
Institutional
Correctional
Police Stations with
Uses
Detention
detention quarters
Prisons
Psychiatric Hospitals
.,,, ,,,~~
quarters
Reformatories
~Cl.EDULL <)
3
CLASSIFICATION OF USES OF LANO ANO BUILDINGS
GROUP
B. INSTITtrrIONAL
USES
(continued)
C.
RESIDENTIAL
USES
DIVISION
2. Special Care
Institutional
Uses
1.
Residential
Dwelling
Uses
2. General
Residential
llses
CLASS
(a) Medical
Treatment
and
Special
Care
(a) Single
Dwelling
(b) Double
Dwelling
(c) Row
Dwelling
(d) Apartment
Building
EXAMPLES
Children's Homes
Convalescent Homes
Homes for the Aged
Hospitals
Infirmaries
Orphanages
Psychiatric Hospitals
Sanatoria
Single Detached
Dwellings
Family and Group Homes
Semi-detached Dwellings
Duplex Dwellings
Family and Group Homes
Row Houses
Town Houses
Family and Group Homes
Apartments
Family and Group Homes
(a) Collective Residential Colleges
Residential
and Schools
University and College
Halls of Residence
Convents and
Monasteries
Nurses and Hospital
Residences
Si HEDULE 8
CLASSIFICATION OF USES OF LAND AND BUILDINGS
(.
GROUP
RESIDENTIAL
USES
(continued)
BUSINESS AND
PERSONAL
SERVICE USES
DIVISION
2. General
Residential
Uses
(continued)
1. Business,
Professional,
and Personal
Service Uses
CLASS
(b) Boarding
!louse
Residential
(c) Commercial
Residential
(d) Seasonal
Residential
(-) Mobile
Homes
(a) Office
(b) Medical
and
Professional
(c) Personal
Service
(d) General
Service
EXAMPLES
Boarding Houses
Lodging Houses
Hotels and Motels
Hostels
Residential Clubs
Summer Homes and
Cabins
Hunting and Fishing
Cabins
Mobile Homes
Offices, including
Goverrunent Off ices
Banks
Medical Off ices and
Consulting Rooms
Dental Off ices and
Surgeries
Legal Offices
Similar Professional
Offices
Barbers
Haird-ressers
Beauty Parlours
Small Appliance Repairs
Self-service Laundries
Dry Cleaners (not using
flammable or explosive
substances)
Small Tool and Appli-
ance Rentals
Travel Agents
SCllLDULE G
-
5
CLASSIFICATION.OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS AND
1. Business,
(e) Cornmuni-
Radio Stations
PERSONAL
Professional
cations
Telephone Exchanges
SERVICE USES
and Personal
(continued)
Service Uses
{continued)
{f) Police
Police Stations
Station
without detention
quarters
(g) Taxi
Taxi Stands
I
Stand
(h) Take~out
Take;out Food Service
Food
Service
{i) Veterinary
Veterinary Surgeries
I. MERCANTILE
l. Retail. Sale
(a) Shopping
Shopping Centres
USES
and Display
Uses
Centre
(b) Shop
Retail Shops and
Stores and Showrooms
Department Stores
(c) Indoor
Market Ralls
Market
Auction Halls
S 1.llEUULE B
-
6 -
CLASSIF~CATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
. MERCANTILE
l. Retail Sale
(d) Outdoor
Market Grounds
USES
and Display
Market
Animal Markets
(continued)
Uses
Produce and Fruit
(continued)
Stands
Fish Stalls
( e) Convenience
Confectionary Stores
Store
Corner Stores
Gift Shops
Specialty Shops
lh
INDUSTRIAL
l. Industrial
(a) Hazardous
Bulk Storage of
I
USES
uses involving
Industry
flammable and
highly
hazardous liquids
combustible
and substances.
and hazardous
Chemical Plants
substances
Distilleries
and processes
FeeQ Mills
Lacquer, Mattress,
Paint, Varnish, and
Rubber Factories
Spray Painting
2. General
(a) General
Factories
Industrial
Industry
Cold Storage Plants
Uses involving
Freight Depots
limited
General Garages
ha:i:ardous
Warehouses
subst>1.nces
\l'orkshops
and
Laboratories
processes
Laundries
Planing Mills
Printing Plants
Contractors' Yards
(b) Service
Gasoline Service
Station
Stations
Gas Bars
3. Light, Non-
(a) Light
Light Industry
hazardous or
Industry
Parking Garages
Non- intrusive
Indoor Storage
Industrial Uses
Warehouses,
Work-hons
SUtEDULC
:>
7
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
C. NON- BUILDING
USES
DIVISION
1. Uses not
directly
related to
Buildings
CLASS
(a)
Agriculture
(b) Forestry
( c) Mineral
Working
(dJ
Recreational
Open Space
( e)
Conservation
(f) Cemetery
(g) Scrap
Yard
EXAMPLES
Connnercial Farms
Hobby Farms
Market Gardens and
Nurseries
Tree Nurseries
Sil vi culture
Quarries
Pits
Mines
Oil Wells
Playing Fields
Sports Grounds
Parks
Playgrounds
Watersheds
Buffer Strips
Flood Plains
Architectural,
Historical and
Scenic Sites
Steep Slopes
Wildlife Sanctuaries
Cemeteries
Graveyards
Car Wrecking Yards
Junk Yards
Scrap Dealers
I
SCHEDULE B
-
8 -
CLASSIFlCATION OP USES OF LAND AND BUILDINGS
GROUP
C. NON-BUILDING
USES
(continued)
DIVISION
l. Uses not
directly
related
to
Buildings
(continued)
CLASS
(h) Solid
Waste
(i) Animal
(j) Antenna
(k) Trans-
portation
EXAMPLES
Solid Waste Disposal
Sanitary Land Fill
Incinerators
Animal Pounds
Kennels
Zoos
TV, Radio, and
CoDDDunications
Transmitting and
Receiving Masts and
Antennae
Airfields
Railway Yards
Docks and Harbours
N E:
SCHEDULE "C"
USE ZONE TABLES
T is schedule contains tables showing the use classes which may be
p
mitted or which may be treated as discretionary use classes for
t
purposes of these Regulations.
The tables also indicate the
r
uired standards of development and may also include conditions
ecting some or all of the use classes.
The schedule contains tables for the following Use Zones:
Residential - Low Density -------..-.---.-- l
Residential - Medium Density --......-.---. 4
Residential -
Rural ....................... 7
Commercial -
General ..................... 11
Commercial - Highway ..................... 13
Industrial -
General ..................... 15
Industrial - Marine ....------------...... 17
Industrial - Hazardous ................... 19
Public Assembly and Institutional -------- 21
Recreational Open Space .................. 23
Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5
Watersupply catchment Area .-------------- 26
Transportation ........................... 27
Resource Management ........--.........-.. 29
Schedule of Street Reservations -..------- 33
{i)
SCHEDULE "C"
USJil ZONE TA~LE
ZONE TITLE
RESIDENTIAL -
LOW DENSITY
PERMITTED USE CLASSES -
(see Regulation 85)
Single dwelling, double dwelling, recreational open space.
DISCRETIONARY USE CLASSES -
(see Regulations 22 and 86)
Child care, mobile homes, convenience store, medical and
professional, personal service, antenna.
STANDARDS
Single
Double
Dwelling
Dwelling
ILot Area (m2>
900
750
(minimum)
*
Floor Area (m2)
80
80
(minimum)
*
Frontage (m)
20
35
(minimum)
Building Line
Setback (m) (minimum)
8
8
(maximum)
30
30
Sideyard Width (m)
3 & 1
3
(minimum)
l'tearyard Depth (m)
15
15
(minimum)
uot Coverage (%)
20
20
maximum)
~eight (m)
8
8
maximum)
see Conditions)
- per dwelling unit
-
1 -
CONDITIONS FOR RESIDENTIAL -
LOW DENSITY ZONE
l.
Services
Development shall have the required amount of frontage on a
public street and shall connect to piped municipal services
where available.
Where piped municipal services of adequate
capacity are not available, arrangements for water supply
and/or sewage disposal shall conform with requirements of
the Department of Health.
2.
Restricted Building Area
The location and erection of buildings on land within the
Restricted Building Area Boundary or within Mine Entry or
Mineral Showing Buffer Areas may be permitted only where
acceptable to the Authority on consultation with the
Department of Mines and Energy.
3.
subsidiary Apartment
4.
One subsidiary apartment only may be permitted in conjunc-
tion with a single dwelling (See Regulation 55) .
Two off-
street parking spaces shall be required for a subsidiary
apartment.
Family and Group care Centres
(See Regulation 38)
5.
Recreational Open Space
Parks and playgrounds may be located on backland but shall
have at least one 5-metre wide vehicular access directly
onto a public street.
(See also Regulation 49)
6.
Accessory Buildings
(i)
(ii)
(iii)
Accessory buildings shall have a total lot coverage
no greater than 7% and a height not more than
3 metres.
(See also Regulation 33)
Accessory buildings shall be a minimum of 1 metre
from any side and rear lot line when located in the
rearyard and shall be a minimum of 3 metres from the
nearest part of a main building.
The maximum floor area of an accessory building shall
be 55 m2 -
7.
Discretionary Use Classes
Discretionary use classes listed in this table may be
permitted by the Authority provided that they are complemen-
tary to permitted uses or will not inhibit or prejudice the
existence or development of such uses.
8.
Mobile Homes
Where permitted, a mobile home use shall conform with devel-
opment standards prescribed for single dwellings in this use
zone except that the minimum floor area may be reduced to
70 m2-
-
2 -
9
convenience Store
A convenience store may be permitted as a discretionary use
under the following conditions:
(i)
The store may be separated from, form part of, or be
attached to the dwelling constituting the main
occupancy of the lot.
(ii)
(iii)
(iv)
(v)
The retail use shall be subsidiary to the dwelling
and in keeping with the residential character of the
area, and shall not adversely affect residential
amenities of adjoining properties.
Off-street parking for at least two automobiles shall
be provided for customer use or as required for
convenience stores in Schedule 110 11 , whichever is
greater.
The store shall be a minimum of 1 metre from any side
or rear lot line, a minimum of 8 metres from the
front lot line, and, if separated from the dwelling,
shall be at least 3 metres from it.
The maximum floor area of a convenience store shall
be 60 m2 and shall not infringe on the minimum floor
area of the dwelling.
1 .
Medical. Professional and Personal Service Uses
Medical, professional or personal service uses in the form
of doctors' consulting rooms, legal office, hairdressing
salon, small business office, small appliance repair,
sporting goods service and similar uses may be permitted
only in conjunction with a single dwelling provided that:
(i)
The use is clearly subsidiary to the residential use
and does not detract from the residential character
of the neighbourhood.
(ii)
No wholesale sales or storage of goods is carried
out; any retail sales are incidental and subsidiary
to the approved use; and that no repairs to vehicles
or heavy equipment are carried out.
(iii) Activities associated with the use are not hazardous
and do not cause noticeable noise, odour, dust or
fumes, or inconvenience and are not a nuisance to the
occupants of adjoining residences.
(iv)
Not more than twenty-five (25) percent of the total
floor area of the dwelling, up to a maximum of 45
square metres, is devoted to the use.
(v)
The minimum required floor area of the dwelling shall
continue to be met.
1 -
Archaeological Finds
In the event of an archaeological find occurring as a result
of development in this zone, development of the site will
cease and the developer will immediately notify the Author-
ity of the find.
The Authority will immediately contact the
Historic Resources Division, Department of Municipal and
Provincial Affairs for advice as to appropriate action.
-
3 -
SCHEDULE
II en
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL -
MEDIUM DENSI'l'Y
PERMITTED USE CLASSES -
(see Regulation 85)
Single dwelling, double dwelling, recreational open space.
DISCRETIONARY USE CLASSES -
(see Regulations 22 and 86)
Row dwelling, apartment building, boarding house residential,
commercial residential, mobile homes, child care, place of worship,
educational, convenience store, medical and professional,
personal service, service station, antenna.
STANDARDS
WHERE PERMITTED
APARTMENT BUILDING
Single
Double
Row
1
2
3
4
!Dwelling
Dwelling
Dwelling
Bedrm
Bedrm
Bed rm BedrD
Apt.
Apt.
Apt.
Apt.
c.ot Area ( m2)
450
390
350
200
250
280
300
(minimum)
(average)
*
*
*
*
-
~loor area (m2
80
80
65
40
50
60
70
(minimum)
*
*
*
*
*
*
~rontage (m)
15
26
8
30
(minimum)
*
(average)
Building Line
Setback (m)
(minimum)
8
8
8
8
(maximum)
30
30
30
30
Sideyard Width
3&1
3
3
5
(m) (minimum)
~earyard Depth
10
10
10
14
(m) (minimum)
1:.,ot Coverage
33
33
33
35
( % ) (maximum)
iieight (m)
8
8
10
10
(maximum)
(See Conditions)
~ per dwelling unit
-
4 -
CONDITIONS FOR RESIDENTIAL - MEDIUM DENSITY ZONE
1
services
Development with plumbing shall connect to a municipal water
and sewer system where available and shall have the required
minimum frontage on a public street.
2
Restricted Building Area
The location and erection of buildings on land within the
Restricted Building Area Boundary or within Mine Entry or
Mineral Showing Buffer Areas may be permitted only where
acceptable to the Authority on consultation with the
Department of Mines and Energy.
3
subsidiary Apartment
4
Subsidiary apartments may be permitted in accordance with
Regulation SS.
Two off-street parking spaces shall be
required for each subsidiary apartment.
Family and Group Care Centres
(See Regulation 38)
5
Residential Density
(i)
In each Residential Medium Density Zone there
shall be not more than 30% apartment units, row
housing units or combination of apartment or row
housing units, the remainder being either single
or double dwellings or combination of single and
double dwellings.
(ii)
A row dwelling may consist of not more than four
dwelling units.
(iii)
Lot area larger than the minimum specified in the use
Zone Table for Row Dwelling and Apartment Building
may be required when deemed necessary for play space.
6
Recreational Open Space
Parks and playgrr.unds may be located on backland but shall
have at least one 5-metre wide vehicular access directly
onto a public street.
(See also Regulation 49)
7.
Discretionary Use Classes
Discretionary use classes listed in this table may be per-
mitted by the Authority provided that they are complementary
to permitted uses or will not inhibit or prejudice the
existence or development of such uses.
S.
Mobile Homes
Mobile homes may be permitted within this zone only in the
form of a fully-serviced mobile home park or subdivision
developed in accordance with the Provincial Mobile Home
Development Regulations and subsequent amendments thereto as
currently in effect.
(See Regulation 44)
9.
Place of Worship and Education Uses
The only educational uses that may be permitted on a discre-
tionary basis are elementary and junior high schools.
Where permitted, a place of worship or an educational use
shall have a minimum lot area of 1,350 m2 , a minimum build-
ing line of 10 m and a maximum height of 15 m.
Frontage,
-
5 -
sideyard, rearyard and lot coverage requirements shall
conform with development standards prescribed for apartment
buildings within this zone.
1 -
Conyenience Store
A convenience store may be permitted as a discretionary use
under the following conditions:
(i)
The store may be separated from, form part of, or be
attached to the dwelling constituting the main
occupancy of the lot.
(ii)
(iii)
(iv)
(V)
The retail use shall be subsidiary to the dwelling
and in keeping with the residential character of the
area, and shall not adversely affect residential
amenities of adjoining properties.
Off-street parking for at least two automobiles shall
be provided for customer use or as required for
convenience stores in Schedule 110 11 , whichever is
greater.
The store shall be a minimum of 1 metre from any side
or rear lot line, a minimum of a metres from the
front lot line, and, if separated from the dwelling,
shall be at least 3 metres from it.
The maximum floor area of a convenience store shall
be 60 m2 and shall not infringe on the minimum floor
area of the dwelling.
11.
Medical, Professional and Personal Service Uses
Medical, professional or personal service uses in the form
of doctors' consulting rooms, legal office, hairdressing
salon, small business office, small appliance repair, sport-
ing goods service and similar uses may be permitted only in
conjunction with a single dwelling provided that:
(i)
The use is clearly subsidiary to the residential use
and does not detract from the residential character
of the neighbourhood.
(ii)
No wholesale sales or storage of goods is permitted;
retail sales are incidental and subsidiary to the
approved use; and no repairs to vehicles or heavy
equipment are carried out.
(iii) Activities associated with the use are not hazardous
and do not cause noticeable noise, odour, dust or
fumes, or inconvenience and are not a nuisance to the
occupants of adjoining residences.
(iv)
Not more than twenty-five (25) percent of the total
floor area of the dwelling, up to a maximum of 45
square metres, is devoted to the use.
(v)
The minimum required floor area of the dwelling shall
continue to be met.
12.
Archaeological Finds
In the event of an archaeological find occurring as a result
of development in this zone, development of the site will
cease and the developer will immediately notify the Author-
ity of the find.
The Authority will immediately contact the
Historic Resources Division, Department of Municipal and
Provincial Affairs for advice as to appropriate action.
-
6 -
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL - RURAL
PERMITTED USE CLASSES -
(see Regulation 85)
Single dwelling, recreational open space.
SCHEDULE
11C"
DISCRETIONARY USE CLASSES -
(see Regulations 22 and 86)
Child care, mobile homes, convenience store, medical and
professional, personal service, antenna.
STANDARDS
Lot Area (m2>
(minimum)
Floor Area (m2 )
(minimum)
Frontage (m)
(minimum)
Building Line
Setback (m) (minimum)
(maximum)
Sideyard Width (m)
(minimum)
Rearyard Depth (m)
(minimum)
Lot Coverage (%)
(maximum)
Height (m)
(maximum)
(See Conditions)
Single
Dwelling
5000
80
30
15
30
10 & 5
30
4
8
-
7 -
CONDITIONS FOR RESIDENTIAL - RURAL ZONE
1.
Services
Development shall have the required amount of frontage on a
public street and arrangements for water supply and sewage
disposal shall conform with requirements of the Department
of Health.
2.
Restricted Building Area
The location and erection of buildings on land within the
Restricted Building Area Boundary or within Mine Entry or
Mineral Showing Buffer Areas may be permitted only where
acceptable to the Authority on consultation with the
Department of Mines and Energy,
3.
Subsidiary Apartment
4.
One subsidiary apartment only may be permitted in conjunc-
tion with a single dwelling {See Regulation 55), subject to
arrangements for water supply and sewage disposal conforming
with requirements of the Department of Health.
Two off-
street parking spaces shall be required for a subsidiary
apartment.
Family and Group care Centres
(See Regulation 38)
5.
Recreational Open Space
Parks and playgrounds may be located on backland but shall
have at least one 5-metre wide vehicular access directly
onto a public street.
(See also Regulation 49)
6.
Discretionary Use Classes
Discretionary USfu classes listed in this table may be per-
mitted by the Authority provided that they are complementary
to permitted uses or will not inhibit or prejudice the
existence or development of such uses.
7.
Medical, Professional and Personal Service Uses
Medical, professional and personal service uses may be
permitted only in conjunction with a single dwelling provid-
ed that:
{i)
The use is clearly subsidiary to the residential
use and does not detract from the residential
character of the neighbourhood.
(ii)
No wholesale sales or storage of goods is
carried out; any retail sales are incidental and
subsidiary to the approved use; and that no
repairs to vehicles or heavy equipment are
carried out.
(iii)
Activities associated with the use are not
hazardous and do not cause noticeable noise,
odour, dust or fumes, or inconvenience and are
not a nuisance to the occupants of adjoining
residences,
-
8 -
(iv)
Not more than twenty-five (25) percent of the
total floor area of the dwelling, up to a maxi-
mum of 45 square metres, is devoted to the use.
(v)
The minimum required floor area of the dwelling
shall continue to be met.
8
Mobile Homes
Where permitted, a mobile home use shall conform with devel-
opment standards prescribed for single dwellings in this use
zone except that the minimum floor area may be reduced to
70 m2-
9
Convenience Store
A convenience store may be permitted as a discretionary use
under the following conditions:
(i)
(ii)
(iii)
(iv)
(v)
The store may be separated from, form part of,
or be attached to the dwelling constituting the
main occupancy of the lot.
The retail use shall be subsidiary to the dwell-
ing and in keeping with the residential charac-
ter of th~ area, and shall not adversely affect
residential amenities of adjoining properties.
Off-street parking for at least two automobiles
shall be provided for customer use or as requir-
ed for convenience stores in Schedule "D",
whichever is greater.
The store shall be a minimum of 1 metre from any side
or rear lot line, a minimum of 8 metres from the
front lot line, and, if separated from the dwelling,
shall be at least 3 metres from it.
The maximum floor area of a convenience store
shall be 60 m2 and shall not infringe on the
minimum floor area of the dwelling.
1 -
Accessory Buildings
(i)
(ii)
Accessory buildings shall be a minimum of 3 metres
from any side or rear lot line and shall be a minimum
of 3 metres from the nearest part of a main building.
The total floor area of accessory buildings shall not
exceed 60 m2-
11.
Archaeological Finds
In the event of an archaeological find occurring as a result
of development in this zone, development of the site will
cease and the developer will immediately notify the Author-
ity of the find.
The Authority will immediately contact the
Historic Resources Division, Department of Municipal and
Provincial Affairs for advice as to appropriate action.
-
9 -
CONDITIONS - ADVERTISEMENTS
1 -
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display
of an advertisement on any lot or site occupied by a use
permitted or existing as a legal non-conforming use in this
use zone, shall be as follows:
(i)
The size, shape, illumination and material
construction of the advertisement shall meet the
requirements of the Authority, having regard to
the safety and convenience of users of adjacent
streets and sidewalks and the general amenities
of the surrounding area.
(ii)
No advertisement shall exceed 5 square metres in
area.
1 .
Advertisements Relating to Off side Uses
The conditions to be applied to 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:
(i)
Each advertisement shall not exceed 3 square
metres in area.
(ii)
When the c'.·-Jvertisements relate to a specific land
use, they shall be located within a reasonable dis-
tance of, and only show thereon the name and nature
of the distance or direction to the premises to which
they relate.
(iii)
The location, siting and illumination of each adver-
tisement shall be to the satisfaction of the Author-
ity, having regard to the grade and alignment of
streets, the location of street junctions, the loca-
tion of nearby buildings and the preservation of the
amenities of the surrounding area.
-
10 -
SCHEDULE "C"
USE ZONE TABLE
ZONE TITLE
COMMERCIAL GENERAL
PERMITTED USE CLASSES -
{see Regulation 85)
Club and lodge, catering, child care,
office, medical
and professional, personal service, general service,
communications, police station, taxi stand, shopping centre,
shop, indoor market, convenience store, conservation.
DISCRETIONARY USE CLASSES -
(see Regulations 22 and 86)
Theatre, cultural and civic, general assembly, educa-
tional, place of worship, funeral home, amusement,
apartment building, commercial residential, dwelling
unit, take-out food service, outdoor market, service
station, light industry, recreational open space,
antenna.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
(a)
(b)
( c)
(d)
(e)
(f)
(g)
(h)
{i)
Minimum Frontage
Minimum Building Line Setback
Minimum Sideyard Width, except
where buildings are built with
adjoining party walls.
Minimum Rearyard Depth
Maximum Height
Determined by
the Authority
Determined by
the Authority
4 metres
5 metres
15 metres
A maximum of two dwelling units, with a minimum
permissible floor area of 50 m2 each, may be per-
mitted above the main floor level, where the
Authority is satisfied that such dwelling unit(s) is
a necessary supplement to a permitted non-residential
use.
Development is conditional on municipal water and
sewer services being directly available with suffi-
cient surplus capacity to accommodate the development
and the site having direct access to a street.
Off-street Parking (see Regulations 47 and 48, and
schedule "D")
Where development within this zone abuts a residen-
tial zone, the Authority shall require the owner to
provide and maintain a buff er separation consisting
of either a strip of appropriate planting not less
than 6 metres in width or a solid fence not less than
1.8 metres in height.
- 11 -
2
Discretionary Use Classes
The discretionary use classes listed in this table may be
permitted at the discretion of the Authority provided they
are complementary to uses permitted within the use classes
or that their development will not inhibit or prejudice the
existence or the development of such uses.
In addition:
service station - where permitted, shall conform with
Regulation 52
light industrial - may be permitted only in instances where
the Authority is satisfied that it is a
necessary supplement to a permitted or
discretionary use and will not detri-
mentally affect the amenity of existing
uses or permitted uses in the area
outdoor market
- shall be interpreted to include sales
lots.
3
Archaeological Finds
In the event of an archaeological find occurring as a result
of development in this zone, development of the site will
cease and the developer will immediately notify the Author-
ity of the find.
The Authority will immediately contact the
Historic Resources Division, Department of Municipal and
Provincial Affairs for advice as to appropriate action.
4.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display
of an advertisement on any lot or site occupied by a use
permitted or existing as a legal non-conforming use in this
use zone, shall be as follows:
(i)
The size, shape, illumination and material
construction of the advertisement shall meet the
requirements of the Authority, having regard to
the safety and convenience of users of adjacent
streets and sidewalks and the general amenities
of the surrounding area.
(ii)
No advertisement shall exceed 5 square metres in
area.
5.
Advertisements Relating to Offsite Uses
The conditions to be applied to 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:
(i)
Each advertisement shall not exceed 3 square
metres in area.
(ii)
When the advertisements relate to a specific land
use, they shall be located within a reasonable dis-
tance of, and only show thereon the name and nature
of the distance or direction to the premises to which
they relate.
(iii)
The location, siting and illumination of each adver-
tisement shall be to the satisfaction of the Author-
ity, having regard to the grade and alignment of
streets, the location of street junctions, the loca-
tion of nearby buildings and the preservation of the
amenities of the surrounding area.
-
12 -
SCHEDULE "C"
USE ZONE TABLE
ZONE TITLE
COMMERCIAL -
HIGHWAY
PERMITTED USE CLASSES -
(see Regulation 85)
catering, commercial residential, convenience store,
service station, conservation.
DISCRETIONARY USE CLASSES -
(see Regulations 22 and 86)
Personal service, general service, take-out food ser-
vice, shop, outdoor market, recreational open space,
antenna.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
(a)
(b)
(c)
(d)
(e)
Minimum
Minimum
Minimum
Minimum
Maximum
Frontage
Building
Sideyard
Rearyard
Height
Determined by
the Authority
Line Setback
Determined by
the Authority
Width
5 metres
Depth
10 metres
10 metres
(f)
Where piped municipal water and/or sewer services are
not directly available with sufficient surplus capac-
ity to accommodate the development proposed, water
supply and/or sewage disposal systems shall be
designed and installed to the satisfaction of the
Authority in consultation with the Department of
Health.
(g)
Development shall be capable of direct vehicular
access from a street.
However, the Authority may
require construction of a service road in instances
where a Commercial-Highway Zone is capable of devel-
opment for more than one lot and may specify the
location and design of access to the service road
from adjacent highways and streets.
In addition, a
service station where permitted, shall conform with
Regulation 52.
(h)
Off-street Parking (see Regulations 47 and 48, and
Schedule "D")
(i)
Where development within this zone abuts a residen-
tial zone, the Authority shall require the owner to
provide and maintain a buffer separation consisting
of either a strip of appropriate planting not less
than 6 metres in width or a 1 metre buffer separation
plus a solid fence not less than 1.8 metres in
height.
-
13 -
2
Discretionary Use Classes
The discretionary use classes listed in this table may be
permitted at the discretion of the Authority provided they
are complementary to uses permitted within the use classes
or that their development will not inhibit or prejudice the
existence or the development of such uses,
In particular,
permissible development in the shop class is restricted to
retail shops and showrooms of a scale and type deemed by the
Authority to be consistent with the permitted use classes.
3
Archaeological Finds
In the event of an archaeological find occurring as a result
of development in this zone, development of the site will
cease and the developer will immediately notify the Author-
ity of the find.
The Authority will immediately contact the
Historic Resources Division, Department of Municipal and
Provincial Affairs for advice as to appropriate action.
4.
Advertisements Relating to onsite Uses
The conditions which shall apply to the erection or display
of an advertisement on any lot or site occupied by a use
permitted or existing as a legal non-conforming use in this
use zone, shall be as follows:
(i)
The size, shape, illumination and material
construction of the advertisement shall meet the
requirements of the Authority, having regard to
the safety and convenience of users of adjacent
streets and sidewalks and the general amenities
of the surrounding area.
(ii)
No advertisement shall exceed 5 square metres in
area.
5.
Advertisements Relating to Offsite Uses
The conditions to be applied to 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:
(i)
Each advertisement shall not exceed 3 square
metres in area.
(ii)
When the advertisements relate to a specific land
use, they shall be located within a reasonable dis-
tance of, and only show thereon the name and nature
of the distance or direction to the premises to which
they relate.
(iii)
The location, siting and illumination of each adver-
tisement shall be to the satisfaction of the Author-
ity, having regard to the grade and alignment of
streets, the location of street junctions, the loca-
tion of nearby buildings and the preservation of the
amenities of the surrounding area.
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14 -
SCHEDULE "C"
USE ZONE TABLE
ZONE TITLE
INDUSTRIAL - GENERAL
PERMITTED USE CLASSES -
(see Regulation 85)
General industry, light industry, conservation.
~ISCRETIONARY USE CLASSES -
(see Regulations 22 and 86)
Office, communications, shop, outdoor market, conven-
ience store, service station, antenna.
CONDITIONS
1.
Development standards
The development standards for this zone shall be as follows:
(a)
(b)
(c)
(d)
(e)
Minimum Frontage
Minimum Building Line Setback
Minimum Minor Sideyard Width
"
M?jor
n
11
Minimum Rearyard Depth
Maximum Height
Determined by
the Authority
Determined by
the Authority
3 metres
6 metres
15 metres
15 metres
(f)
Development with plumbing which is not connectible to
piped municipal services shall be required to provide
private water supply and/or sewage disposal systems
of adequate quality and quantity in a manner satis-
factory to the Authority.
(g)
Development shall be accessible to a street and the
means of access shall be designed to safely accom-
modate the anticipated type and volume of traffic to
the satisfaction of the Authority.
(h)
Off-street Parking (see Regulations 47 and 48, and
Schedule "D")
(i)
Where lot frontage within this zone fronts on a
collector street one only vehicular access per lot
may be permitted on to the street.
(j)
Where development within this zone abuts a residen-
tial zone the Authority shall require the owner to
provide and maintain a buffer separation consisting
of either a strip of appropriate planting not less
than 6 metres in width or a one (1) metre buffer
separation plus a solid fence not less than 1.B
metres in height.
- 15 -
2.
Subdivision Agreement
Where land is to be divided into two or more lots for devel-
opment the Authority may require the developer to enter into
a Subdivision Agreement setting forth the terms and condi-
tions of development.
3.
Restricted Building Area
The location and erection of buildings on land within the
Restricted Building Area Boundary may be permitted only
where acceptable to the Authority on consultation with the
Department of Mines and Energy.
4.
Discretionary Use Classes
The discretionary use classes listed in this table may be per-
mitted at the discretion of the Authority provided they are
complementary to uses permitted within the use classes or that
their development will not inhibit or prejudice the existence or
the development of such uses.
ln addition, a service station
where permitted, shall conform with Regulation 52.
5.
Archaeological Finds
In the event of an archaeological find occurring as a result
of development in this zone, development of the site will
cease and the developer will immediately notify the Author-
ity of the find.
The Authority will immediately contact the
Historic Resources Division, Department of Municipal and
Provincial Affairs for advice as to appropriate action.
6.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display
of an advertisement on any lot or site occupied by a use
permitted or existing as a legal non-conforming use in this
use zone, shall be as follows:
(i)
The size, shape, illumination and material
construction of the advertisement shall meet the
requirements of the Authority, having regard to
the safety and convenience of users of adjacent
streets and sidewalks and the general amenities
of the surrounding area.
(ii)
No adverti~.ement shall exceed 5 m2 in area.
7.
Advertisements Relating to Offsite Uses
The conditions to be applied to 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:
(i)
No advertisement shall exceed 3 rn2 in area.
(ii)
When the advertisements relate to a specific land
use, they shall be located within a reasonable dis-
tance of, and only show thereon the name and nature
of the distance or direction to the premises to which
they relate.
(iii)
The location, siting and illumination of each adver-
tisement shall be to the satisfaction of the Author-
ity, having regard to the grade and alignment of
streets, the location of street junctions, the loca-
tion of nearby buildings and the preservation of the
amenities of the surrounding area.
SCHEDULE "C"
-
16 -
USE ZONE TABLE
ZONE TITLE
INDUSTRIAL - MARINE
~ERMITTED USE CLASSES -
(see Regulation 85)
Marine-related general and light industry and transpor-
tation, conservation.
DISCRETIONARY USE CLASSES -
(see Regulations 22 and 86)
Marine-related hazardous industry, office, general service,
Jassenger assembly, indoor market, outdoor market,
antenna.
CONDITIONS
1.
Deyelopment Standards
The development standards for this zone shall be as follows:
(a)
Minimum Bul.lding Line setback
Determined by
the Authority
(b)
Minimum Sideyard Width
Determined by
the Authority
(c)
Minimum Rearyard Depth
Determined by
the Authority
(d)
Maximum Height
Determined by
the Authority
(e)
Development with plumbing which is not connectible to
piped public water and sewer services shall be re-
quired to provide private water supply and/or sewage
disposal systems of adequate quality and quantity in
a manner satisfactory to the Authority.
(f)
Development shall be accessible to a street and the
means of access shall be designed to safely accom-
modate the anticipated type and volume of traffic to
the satisfaction of the Authority.
(g)
Off-street Parking (see Regulations 47 and 48, and
Schedule "D").
(h)
All uses and structures for the bulk storage of
flammable liquids or other hazardous substances shall
conform to the requirements of the Provincial Fire
Commissioner and/or the Department of Environment and
Lands and shall be surrounded by such containment
barriers, buffers and landscaping as the Authority
may require in order to prevent damage to adjacent
uses and environmental contamination by fire, explos-
ion, spillage or seepage.
-
17 -
2.
Subdivision Agreement
Where land is to be subdivided into two or more lots for
development the Authority may require the developer to enter
into a Subdivision Agreement setting forth the terms and
conditions of development.
3.
Discretionary use classes
The discretionary use classes listed in this table may be
permitted at the discretion of the Authority provided they
are complementary to uses permitted within the use classes
or that their development will not inhibit or prejudice the
existence or the development of such uses.
4.
Archaeological Finds
In the event of an archaeological find occurring as a result
of development in this zone, development of the site will
cease and the developer will immediately notify the Author-
ity of the find.
The Authority will immediately contact the
Historic Resources Division, Department of Municipal and
Provincial Affairs for advice as to appropriate action.
5.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display
of an advertisement on any lot or site occupied by a use
permitted or existing as a legal non-conforming use in this
use zone, shall be as follows:
(i)
The size, shape, illumination and material
construction of the advertisement shall meet the
requirements of the Authority, having regard to
the safety and convenience of users of adjacent
streets and sidewalks and the general amenities
of the sur~ounding area.
(ii)
No advertisement shall exceed 5 m2 in area.
6.
Advertisements Relating to Offsite Uses
The conditions to be applied to 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:
(i)
Each advertisement shall not exceed 3 m2 in
area.
(ii)
When the advertisements relate to a specific land
use, they shall be located within a reasonable dis-
tance of, and only show thereon the name and nature
of the distance or direction to the premises to which
they relate.
(iii)
The location, siting and illumination of each adver-
tisement shall be to the satisfaction of the Author-
ity, having regard to the grade and alignment of
streets, the location of street junctions, the loca-
tion of nearby buildings and the preservation of the
amenities of the surrounding area.
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18 -
SCHEDULE "C"
USE ZONE TABLE
ZONE TITLE
INDUSTRIAL -
HAZARDOUS
PERMITTED USE CLASSES -
(see Regulation 85)
Hazardous industry, conservation.
DISCRETIONARY USE CLASSES -
(see Regulations 22 and 86)
General industry, antenna.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
(a)
Minimum Building Line setback
Determined by
the Authority
(b)
Minimum Side yard Width
Determined by
the Authority
(c)
Minimum Rearyard Depth
Determined by
the Authority
(d)
Maximum Height
Determined by
the Authority
(e)
Development shall be accessible to a street and the
means of access shall be designed to safely accom-
modate the anticipated type and volume of traffic to
the satisfaction of the Authority.
(f)
Off-street Parking (see Regulations 47 and 48, and
Schedule "D").
(g)
All uses and structures for the bulk storage of
flammable liquids or other hazardous substances shall
conform to the requirements of the Provincial fire
commissioner and/or the Department of Environment and
Lands and shall be surrounded by such containment
barriers, buffers and landscaping as the Authority
may require in order to prevent damage to adjacent
uses and Qnvironmental contamination by fire, explos-
ion, spillage or seepage.
2.
Subdivision Agreement
Where land is to be subdivided into two or more lots for
development the Authority may require the developer to enter
into a Subdivision Agreement setting forth the terms and
conditions of development.
3.
Services
Industrial development shall not be permitted in an
Industrial-Hazardous Zone unless adequate services and fire
-
19 -
fighting capability deemed acceptable to the Authority are
available to meet the needs of the particular industrial use
and to preserve public safety and environmental integrity.
4.
Restricted Building Area
The location and erection of buildings on land within the
Restricted Building Area Boundary or within Mine Entry or
Mineral Showing Buffer Areas may be permitted only where
acceptable to the Authority on consultation with the
Department of Mines and Energy.
5.
Discretionary Use Classes
The discretionary use classes listed in this table may be
permitted at the discretion of the Authority provided they
are complementary to uses permitted within the use classes
or that their development will not inhibit or prejudice the
existence or the development of such uses.
6.
Archaeological Finds
In the event of an archaeological find occurring as a result
of development in this zone, development of the site will
cease and the developer will immediately notify the Author-
ity of the find.
The Authority will immediately contact the
Historic Resources Division, Department of Municipal and
Provincial Affairs for advice as to appropriate action.
7.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display
of an advertisement on any lot or site occupied by a use
permitted or existing as a legal non-conforming use in this
use zone, shall be as follows:
(i)
The size, shape, illumination and material
construction of the advertisement shall meet the
requirements of the Authority, having regard to
the safety and convenience of users of adjacent
streets and sidewalks and the general amenities
of the surrounding area.
(ii)
No advertisement shall exceed 5 m2 in area.
8.
Advertisements Relating to Offsite Uses
The conditions to be applied to 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:
(i)
Each advertisement shall not exceed 3 m2 in
area.
(ii)
When the advertisements relate to a specific land
use, they shall be located within a reasonable dis-
tance of, and only show thereon the name and nature
of the distance or direction to the premises to which
they relate.
(iii)
The location, siting and illumination of each adver-
tisement shall be to the satisfaction of the Author-
ity, having regard to the grade and alignment of
streets, the location of street junctions, the loca-
tion of nearby buildings and the preservation of the
amenities of the surrounding area.
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20 -
SCHEDULE "C"
USE ZONE TABLE
ZONE TITLE
PUBLIC ASSEMBLY AND INSTITUTIONAL
PERMITTED USE CLASSES -
(see Regulation 85)
Cultural and civic, general assembly, educational, all
classes in the institutional uses group, collective
residential, recreational open space.
DISCRETIONARY USE CI.ASSES -
(see Regulations 22 and 86)
Theatre, place of worship, club and lodge, catering,
funeral home, child care, indoor assembly, apartment
building, commercial residential, office, medical and
professional, personal service, communications, taxi
stand, convenience store, antenna.
CONDITIONS
1.
Deyelopment Standards
The development standards for this zone shall be as follows:
(a)
(b)
(c)
(d)
Minimum
Minimum
II
Minimum
Maximum
Building Line Setback
Minor Sideyard Width
Major
"
II
Rearyard Depth
Height
10 metres
2 metres
6 metres
15 metres
15 metres
(e)
Developmen~ is conditional on municipal water and
sewer services being directly available with suffi-
cient surplus capacity to accommodate the development
proposed and the site having direct access to a
street.
(f)
Off-street Parking (see Regulations 47 and 48, and
Schedule "D").
(g)
The Authority may permit the erection of buildings of
a height greater than that specified in condition
l.(d), but in such cases the minimum building line
and minimum rearyard depth shall be varied as
follows:
(i)
The minimum building line shall be increased
by 2 metres for every 1 metre increase in
height.
(ii)
The minimum rearyard depth shall be not less
than the minimum building line determined in
accordance with (i) above or 15 metres, which-
ever is greater.
(h)
Where permitted or discretionary uses take the form
of residential use, the development standards of the
Residential - Medium Density Zone shall apply.
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21 -
2
Restricted Building Area
The location and erection of buildings on land within the
Restricted Building Area Boundary may be permitted only
where acceptable to the Authority on consultation with the
Department of Mines and Energy.
3.
Discretionary Use Classes
The discretionary use classes listed in this table may be
permitted at the discretion of the Authority provided they
are complementary to uses permitted within the use classes
or that their development will not inhibit or prejudice the
existence or the development of such uses.
4.
Archaeological Finds
In the event of an archaeological find occurring as a result
of development in this zone, development of the site will
cease and the developer will immediately notify the Author-
ity of the find.
The Authority will immediately contact the
Historic Resources Division, Department of Municipal and
Provincial Affairs for advice as to appropriate action.
5.
Adyertisements Relating to Onsite uses
The conditions which shall apply to the erection or display
of an advertisement on any lot or site occupied by a use
permitted or existing as a legal non-conforming use in this
use zone, shall be as follows:
(i)
The size, shape, illumination and material
construction of the advertisement shall meet the
requirements of the Authority, having regard to
the safety and convenience of users of adjacent
streets and sidewalks and the general amenities
of the surrounding area.
(ii)
No advertisement shall exceed 5 m2 in area.
6.
Advertisements Relating to Offsite Uses
The conditions to be applied to 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:
(i)
Each advertisement shall not exceed 3 m2 in
area.
(ii)
When the advertisements relate to a specific land
use, they shall be located within a reasonable dis-
tance of, and only show thereon the name and nature
of the distance or direction to the premises to which
they relate.
(iii)
The location, siting and illumination of each adver-
tisement shall be to the satisfaction of the Author-
ity, having regard to the grade and alignment of
streets, the location of street junctions, the loca-
tion of nearby buildings and the preservation of the
amenities of the surrounding area.
- 22 -
SCHEDULE "C"
USE ZONE TABLE
ZONE TITLE
RECREATIONAL OPEN SPACE
PERMITTED USE CLASSES -
(see Regulation 85)
Outdoor assembly, recreational open space, conservation
DISCRETIONARY USE CLASSES -
(see Regulations 22 and 86)
Indoor assembly, take-out food service, convenience
store, antenna.
CONDITIONS
1.
Development standards
(a)
Recreational open space may be developed on backland
but shall have at lease one 5-metre wide vehicular
access directly onto a street.
(b)
outdoor assembly development intended for community-
wide or regional use shall provide parking space
deemed sufficient by the Authority to accommodate the
estimated parking demand generated by the average
weekly peak-hour of use and shall be directly acces-
sible from a highway or collector street.
(c)
conservation projects shall be carried out in accord-
ance with good conservation practice determined in
consultation with the Department of Environment and
Lands.
2.
Restricted Building Area
The location and erection of buildings on land within the
Restricted Building Area Boundary or within Mine Entry or
Mineral Showing Buffer Areas may be permitted only where
acceptable to the Authority on consultation with the
Department of Mines and Energy.
3.
Piscretionary Use Classes
The discretionary use classes listed in this table may be
permitted at the discretion of the Authority provided they
are complementary to uses permitted within the use classes
or that their development will not inhibit or prejudice the
existence or the development of such uses.
4.
Indoor Assembly
Parking space and loading accommodation shall be provided in
accordance with Regulation 47 and 40 and Schedule 110 11 and
shall be directly accessible from a highway or collector
street or such other means as will not be disruptive to a
residential neighbourhood.
-
23 -
5.
Take-out Food Service and Convenience store
These discretionary uses may be permitted only where
directly related and clearly subsidiary to a permitted
recreational use, provided the Authority is assured that the
operator will maintain the premises in a suitable state of
cleanliness.
6.
Archaeological Finds
In the event of an archaeological find occurring as a result
of development in this zone, development of the site will
cease and the developer will immediately notify the Author-
ity of the find.
The Authority will immediately contact the
Historic Resources Division, Department of Municipal and
Provincial Affairs for advice as to appropriate action.
-
24 -
SCHEDULE "C"
USE ZONE TABLE
ZONE TITLE
CONSERVATION
PERMITTED USE CLASSES -
{see Regulation 85)
Conservation
DISCRETIONARY USE CLASSES -
(see Regulations 22 and 86)
Recreational open space, agriculture, forestry,
cemetery.
CONDITIONS
1.
Conservation
Conservation projects shall be carried out in accordance
with good conservation practice determined in consultation
with the Department of Environment and Lands.
2.
Discretionary Use Classes
Discretionary use classes listed in this table may be
permitted provided the Authority is satisfied that the
proposed development will not significantly diminish the
environmental quality of the area or reduce downstream water
quality and the Authority may attach such conditions per-
taining to buffer separation, method of development, inten-
sity of land use or any other thing deemed necessary to
preserve or enhance environmental quality.
In addition to the foregoing, cemetery use shall be subject
to requirements of the Department of Health.
3.
Archaeological Finds
In the event of an archaeological find occurring as a result
of development in this zone, development of the site will
cease and the developer will immediately notify the Author-
ity of the find.
The Authority will immediately contact the
Historic Resources Division, Department of Municipal and
Provincial Affairs for advice as to appropriate action.
-
25 -
SCHEDULE "C"
USE ZONE TABLE
ZONE TITLE
WATERSUPPLY CATCHMENT AREA
PERMITTED USE CLASSES -
(see Regulation 85)
Conservation
DISCRETIONARY USE CLASSES -
(see Regulations 22 and 86)
NONE
CONDITIONS
1.
Conservation
Conservation projects shall be carried out in accordance
with good conservation practice determined in consultation
with the Water Resources Division of the Department of
Environment and Lands.
2.
Existing Development
(i)
Land use and development within this zone which
existed at the date of coming into effect of these
Regulations are subject to the provisions of
Regulation 45 - "Non-Conforming Uses".
The provi-
sions of this Regulation shall be interpreted to
ensure that any change of use, or intensity of use,
building alteration or rehabilitation may be per-
mitted to proceed only where the Authority is satis-
fied, through consultation with relevant officials of
the Department of Health, Department of Forestry and
Agriculture, or Department of Environment and Lands,
that the potential for watershed contamination will
not be increased as a result.
(ii)
Replacement of existing development, where permitted,
shall conform with standards and conditions of devel-
opment prescribed for the Resource Management Zone
and to the provisions of (i) preceding.
3.
Archaeological Finds
In the event of an archaeological find occurring as a result
of development in this zone, development of the site will
cease and the developer will immediately notify the Author-
ity of the find.
The Authority will immediately contact the
Historic Resources Division, Department of Municipal and
Provincial Affairs for advice as to appropriate action.
-
26 -
SCHEDULE "C"
USE ZONE TABLE
ZONE TABLE
TRANSPORTATION
PERMITTED USE CLASSES
(see Regulation 85)
Transportation, passenger assembly.
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Catering, taxi stand, convenience store, light
industry, antenna.
CONDITIONS
1.
Restricted Building Area
The location and erection of buildings on land within the
Restricted Building Area Boundary may be permitted only where
acceptable to the Authority on consultation with the
Department of Mines and Energy.
2.
Discretionary Use Classes
The discretionary use classes listed in this table may be
permitted at the discretion of the Authority provided that
they are complementary to uses within the permitted use
classes or that their development will not inhibit or pre-
judice the existence or the development of such uses.
3.
Archaeological Finds
In the event of an archaeological find occurring as a result
of development in this zone, development of the site will
cease and the developer will immediately notify the Authority
of the find.
The Authority will immediately contact the
Historic Resources Division, Department of Municipal and
Provincial Affairs for advice as to appropriate action.
4.
Advertisements Relating to Onsite uses
The conditions which shall apply to the erection or display
of an advertisement on any lot or site occupied by a use
permitted or existing as a legal non-conforming use in this
use zone, shall be as follows:
(i)
The size, shape, illumination and material construc-
tion of the advertisement shall meet the requirements
of the Authority, having regard to the safety and
convenience of users of adjacent streets and side-
walks and the general amenities of the surrounding
area.
(ii)
No advertisement shall exceed 5 m2 in area.
-
27 -
5
Advertisements Relating to Offsite Uses
The conditions to be applied to 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:
(i)
(ii)
(iii)
Each advertisement shall not exceed 3 square
metres in area.
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 and the distance or direction to the
premises to which they relate.
The location, siting and illumination of each
advertisement shall be to the satisfaction of the
Authority, having regard to the grade and align-
ment of streets, the location of street junc-
tions, the location of nearby buildings and the
preservation of the amenities of the surrounding
area.
-
28 -
SCHEDULE "C"
USE ZONE TABLE
ZONE TABLE
RESOURCE MANAGEMENT
PERMITTED USE CLASSES
(see Regulation 85)
Agriculture, forestry, animal, conservation.
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
single dwelling, mobile homes, veterinary, outdoor
market, general industry, mineral working,
recreational open space, cemetery, solid waste,
antenna.
CONDITIONS
1
Agricultural Lot Area
The minimum area of an agricultural lot shall be 10,000 m2-
2.
Buffer Separation
Unless the Authority is satisfied that a permitted or discre-
tionary use will not adversely affect the water quality,
public access or immediate natural environment of adjacent
waterbodies or watercourses, the proposed use shall not be
located closer than 50 metres from such waterbody or water-
course.
3.
Restricted Building Area
Buildings subsidiary to a permitted use or associated with a
discretionary use proposed for development within the
Restricted Building Area Boundary or within Mine Entry or
Mineral Showing Buffer Areas may be permitted only where
acceptable to the Authority on consultation with the
Department of Mines and Energy.
However, notwithstanding the
foregoing, single dwelling, mobile homes and cemetery uses
shall not be permiLted within Mine Entry or Mineral Showing
Buffer Areas within this zone.
4.
Discretionary use classes
The discretionary use classes listed in this table may be
permitted at the discretion of the Authority provided that
they are complementary to uses within the permitted use
classes or that their development will not inhibit or pre-
judice the existence or the development of such uses.
5.
Single Dwelling and Mobile Hornes
A single dwelling having a minimum floor area of 70 m2 or a
mobile home may be permitted only where deemed necessary to
the successful operation of an approved use and shall not be
-
29 -
located within 600 m of a structure designed to contain more
than five animal units unless a closer location is first
approved by the Department of Forestry and Agriculture.
Standards and conditions of development shall otherwise
conform with those prescribed for the Residential - Rural
zone.
6
General Industry
General industry shall be limited to those uses directly
related to agriculture or forestry uses.
7
Mineral Working
A mineral working shall be limited to a small scale pit.
A
small scale pit shall be less than 5 ooo m2 in area, not
extend below the water table and have a working face of no
more than 3 metres in height.
(a)
Water Pollution
No mineral working or associated storm or sanitary
drainage shall unacceptably reduce the quality of
water in any waterbody or watercourse.
Any access
road to a pit or quarry working which crosses a brook
or stream shall be bridged or culverted at the cros-
sing in accordance with the Regulations of the
Department of Environment and Lands.
(b)
Water Ponding
No mineral working shall result in the excavation of
areas below the level of the water table nor in any
way cause the accumulation or ponding of water in any
part of the site. Settling ponds may be permitted
with the approval of the Department of Environment
and Lands.
(c)
Erosion Control
No mineral working shall be carried out in a manner
so as to cause erosion of adjacent land.
(d)
Site Maintenance
The mineral working shall be kept clean of refuse,
abandoned vehicles, abandoned equipment and any
derelict buildings.
(e)
Access Roads
During extended periods of shutdown, access roads to
a mineral working shall be ditched or barred to the
satisfaction of the Authority.
(f)
Stockpiling Cover Material
All stumps, organic material and topsoil, including
the rusty coloured and iron stained layer, shall be
stripped and stockpiled at least 5 m from uncleared
areas and 10 m from active quarry or stockpile areas.
The owner or operator shall ensure that the quality
of the top~oil is not affected by dilution with other
materials.
(g)
Termination of site Rehabilitation
Upon completion of the mineral working, the following
work shall be carried out by the operator:
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30 -
(i)
All buildings, machinery and equipment shall
be removed.
(ii)
(iii)
All pit and quarry slopes shall be graded to
slopes less than 20° or to the slope conform-
ing to that existing prior to the mineral
working.
Topsoil and any organic materials shall be
respread over the entire quarried area.
(iv)
The access road to the working shall be
ditched or barred to the satisfaction of the
Authority.
(v)
If the mineral working contains reserves of
material sufficient to support further
extraction operations, the Authority may
require the work described above to be
carried out only in areas of the site where
extraction has depleted aggregate reserves.
8
Solid Waste
solid waste may be permitted only on a site approved by the
Department of Environment and Lands and shall be operated and
maintained in accordance with requirements of that
Department.
In addition to the foregoing the following more
specific conditions shall apply:
(i)
(ii)
(iii)
(v)
Disposal of all refuse shall be by means of a sanit-
ary land fill operation, or other suitable method,
which ensures that all materials are permanently
removed from sight and that the land concerned can
again be used for other uses after the disposal
operations have ceased.
Adequate soil tests shall be made to determine the
suitability of the land for a sanitary land fill
operation.
A buffer strip not less than 150 m wide shall be
located between a disposal area and any area which is
or is likely to become developed during the period in
which the area will be used for refuse disposal.
A
buffer strip not less than 30 m wide shall be main-
tained between any disposal area and any public
highway.
These buffer strips shall have, or be
planted with, trees and shrubs in such a manner that
visibilit~, of any part of the operation from sur-
rounding areas or streets will be prevented.
Refuse disposal areas shall be fenced to prevent
unauthorized entry and to screen open storage areas
from view.
9.
Archaeological Finds
In the event of an archaeological find occurring as a result
of development in this zone, development of the site will
cease and the developer will immediately notify the Authority
of the find.
The Authority will immediately contact the
Historic Resources Division, Department of Municipal and
Provincial Affairs for advice as to appropriate action.
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31 -
1 - Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display
of an advertisement on any lot or site occupied by a use
permitted or existing as a legal non-conforming use in this
use zone, shall be as follows:
(i)
The size, shape, illumination and material con-
struction of the advertisement shall meet the
requirements of the Authority; having regard to
the safety and convenience of users of adjacent
streets and sidewalks and the general amenities
of the surrounding area.
(ii)
No advertisement shall exceed 5 m2 in area.
1 - Advertisements Relating to Offsite Uses
The conditions to be applied to 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:
(i)
(ii)
(iii)
Each advertisement shall not exceed 3 square
metres in area,
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 and the distance or direction to the
premises to which they relate.
The location, siting and illumination of each
advertisement shall be to the satisfaction of the
Authority, having regard to the grade and align-
ment of streets, the location of street junc-
tions, the location of nearby buildings and the
preservation of the amenities of the surrounding
area.
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32 -
SCHEDULE
11C11
TABLE OF STREET CLASS RESERVATIONS
NlTE:
This table lists streets by class of street and prescribes the
minimum street reservation width applicable to each class of
street.
Where an existing street reservation has a width
exceeding the prescribed minimum width, the existing street
reservation width shall be retained.
C :.ASS OF STREET
H.ghway
C- llector
L<cal Streets
M nor Streets
MINIMUM
RESERVATION
WIDTH
30 m
20 m
15 m
10 m
APPLICABLE STREETS
Beach Hill (from Ferry Terminal)
Martin's Road - Main Street
West Mines Road
Middleton Avenue
Freshwater Road - Lance cove Road
(including Memorial Street)
Proposed roadway from Memorial Street
to Middleton Avenue.
East End Road - Quigley's Line
Railroad Street
Loop road through The Green, from
Railroad Street to 10 Commandments
Bennett Street
10 Commandments - Davidson Avenue
Old Lance Cove Road - Dominion Pier
Road
Loop road through Scotia No. 1 and as
extended through West Mines to meet
proposed highway route.
Other streets, excepting existing
streets determined by resolution of
the Authority to be minor streets.
Existing local streets where, for
practical purposes as determined by
resolution of the Authority, a wider
street reservation cannot be provided.
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33 -
Cl. ;
<.:;J
A
SCHEDULE "D"
OFF-STREET PARKING REQUIREMENTS
1.
The offstreet parking requirements for uses in the
various use classes set out in Schedule B shall be
as set out in the following table.
2.
In the case of developments including uses in more
than one use class, these standards shall be regarded
as cumulative.
3.
Adequate offstreet provision for drop-off and pick-up
z
0 ....
VJ ....
>
.... =
l
2
of persons shall be provided in developments where
required, such as uses within the educational, passenger
assembly, child care, medical treatment and special
care, commercial residential and take-out food service
use classes.
CLASS
(a)
Theatre
(a)
Cultural and
Civic
(bl
General
Assembly
(c)
Educational
(d)
Place of
Worship
(e)
Passenger
Assembly
(f)
Club and
Lodge
MINIMUM OFF-STREET PARKING REQUIREMENT
One space for every s seats.
One space for every SO square
metres of gross floor area.
One space for every 10 square
metres of gross floor area.
Schools -
2 spaces for every class-
room.
Further education -
l space for
every S persons using the facilities
(students, faculty and staff).
One space for every S seats.
As specified by the Authority.
One space for every 3 persons that
may be accommodated at one time.
SCl!EDULE
n D"
(g)
Catering
One space for every 3 customers that
may be accommodated at one time.
(h)
Fune ra 1 Home
One space f.or every 10 square metres
of gross floor area.
(i)
Child Care
One space for every 20 square metres
of gross floor area.
(j)
Amusement
One space for every 10 square metres
of gross floor area.
3
(a)
Indoor
One space for every 10 spectators
Assembly
that may be accommodated at one time.
4
(a)
Outdoor
As specified by the Authority
Assembly
I
l
(a)
Penal and
Correctional
As specified by the Authority.
Detention
2
(a)
Medical
Treatment and
One space for every 2 patients.
Special Care
(
1
(a)
Single
Dwelling
Two spaces for every dwelling unit.
(b)
Double
Dwelling
Two spaces for every dwelling unit.
(c)
Row
Two spaces for every dwelling unit.
Dwelling
(d)
Apartment
Three spaces for every 2-dwelling
Building
units.
2
(a)
Collective
As specified by the Authority.
·Residential
(b)
Commercial
One space for every guest room.
Residential
(c)
Seasonal
One space for every residential
Residential
unit.
(d)
Mobile Home
Two spaces for every dwelling unit.
SCilEOUL[ "D t.
""
D
1
(a)
Office
One space for every 20 square metres
of gross floor area.
(b)
Medical and
One space for every 20 square metres
Professional
of gross floor area.
(c)
Personal
One space for every 20 square metres
Service
of gross floor area.
(d)
General
One space for every 20 square metres
Service
of gross floor area.
(e)
CollllllUllications
As specified by the Authority
(f)
Police
As specified by the Authority.
Station
(g)
Taxi
As specified by the Authority.
Stand
(h)
Take-out
One space for every 20 square metres
Food
Service
of gross floor area.
(i)
Veterinary
One space for every 20 square metres
of gross floor area.
E
1
(a)
Shopping
One space for every 15 square metres
Centre
of gross floor area.
(b)
Shop
One space for every 20 square metres
of gross floor area.
(c)
Indoor
As specified by the Authority.
Market
(d)
Outdoor
As specified by the Authority.
Market
(e)
Convenience
One space for every 20 square metres
Stores
of gross floor area.
F
1
(a)
Hazardous
One
for
employee.
Industry
space
every
2
(a)
General
One
for
employee.
Industry
space
every
(b)
Service
One space for every 20 square metres
Station
of gross floor area
3
(a)
Light
One
Industry
space for every emoloyee.