Wabush, Newfoundland and Labrador
· adopted 2019-02-01
This is the exact embedded text of the captured official document.
Snapshot 15c1bc2748d5 · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
;(6
[name and signature]
[name and signat e]
C 4.-0a
-e/Y7
Mayor:
Clerk:
URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO ADOPT
TOWN OF WABUSH'S DEVELOPMENT REGULATIONS
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town
Council of\.06\04, adopts theV4p4sk Development Regulations.
Adopted by the Town Council oNc\co, on the 7\ day of 5ti , 20
.
SIGNED AND SEALED this Y day of SA-6 , 20 re"
(Council Seal)
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Development Regulations have been prepared in accordance
with the requirements of the Urban and Rural Planning Act, 2000.
Les C
MCIP:
[name and signature
(MCIP Stamp or Seal)
i/f %1/rit .
. f
rJ
r
e -
'5. 1,
f.
-
MIIII ME INN NM Ell
UM MIN IIIII MN IIIIII
MN NMI MN Ili MN NM MN
''o \''' A l41)1/iN I ,
-
. . ,
4/./.,
,,,,, ?se
, - - - - ..
..-......- , , ,-- f, ,,,A$,, - .
!.#
l ., v
-
,
.. c . -
( ,
) -
:,
i 1,.. 1 - ,
. - , .." -
,.. .-....,
,:ii ';:.
'.:-.).- ' -;-.
-
' . - S I
1
.1 - j .
' l -
----- - .....- "--.
e.-4e
:J
,,,/
c
,
,
4,-. :
- .-_--- ,,/
r; -.,.-- ..-"-,-
-'
-,:, ej; - 1..,',:iii, ,..f,":-'
-' II - il ")
"A
, 20 R.
-------------........-------11,
Development Regulations/Amendment
REGISTERED
Number 524°1- zold,--oot
Date
Signature
URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO APPROVE
TOWN OF WABUSH'S DEVELOPMENT REGULATIONS
Under the authority of Sections 16, 17, and 18 of the Urban and Rural Planning Act,
2000, the Town Council ofikolv4,:
a) Adopted the613,,*
Development Regulations on the 71 day of 50-- , 2013;
b) Gave notice of the adoption of the Development Regulations by advertisement
inserted on the c2 day and the IS day of 0
, 20 I d in the Auk newspaper;
c) Set the day of Oct , 20 (3 at 1
p.m. at the Town Hall, (),(A.61), for the holding
of a public hearing to consider objections and submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act, 2000, the Town
Council of
approves theVi(h),)h Development Regulations as [adopted or amended] as
follows.
SIGNED AND SEALED this 2S- day of Oct
g4,4
Mayor:
[name and signature]
(VI
CHlig 1-6 err
Clerk:
[name and signature?
(Council Seal)
(Provincial Registration Stamp)
INN NM MEI I- MN NM NMI NS- 1111111 1111111 ON MN INN r- 1.1 INNI
I
I
TOWN OF WABUSH DEVELOPMENT REGULATIONS
I
Table of Contents
1
I
I
I
I
I
I
I
I
I
I
I
I
At*
WABUSH
I
i
1.0
APPLICATION
1
1.1
SHORT TITLE
1
1.2
INTERPRETATION
1
I
1.3
COMMENCEMENT
1
1.4
MUNICIPAL CODE AND REGULATIONS
1
2.0
DEFINITIONS
2
3.0
GENERAL REGULATIONS
18
3.1
COMPLIANCE WITH REGULATIONS
3.2
PERMIT TO DEVELOP REQUIRED
18
3.3
PERMIT TO DEVELOP BE ISSUED
18
3.4
PERMIT NOT TO BE ISSUED IN CERTAIN CASES
3.5
DISCRETIONARY POWERS OF COUNCIL
18
3.6
VARIANCES
19
3.7
NOTICE OF VARIANCE
3.8
SERVICE LEVY
19
3.9
FINANCIAL GUARANTEES BY DEVELOPER
20
3.10
DEDICATION OF LAND FOR PUBLIC USE
3.11
REINSTATEMENT OF LAND
20
3.12
FORM OF APPLICATION
21
3.13
REGISTER OF APPLICATION
3.14
DEFERMENT AND DEEMED REFUSAL OF AN APPLICATION
3.15
APPROVAL IN PRINCIPLE
21
3.16
DEVELOPMENT PERMIT
3.17
TEMPORARY USE PERMIT TO DEVELOP
22
3.18
PERMIT FEES
22
3.19
REASONS FOR CONDITIONS OR REFUSING PERMIT
3.20
NOTIFICIATION OF RIGHT TO APPEAL
23
3.21
APPEAL REQUIREMENTS
23
3.22
APPEAL REGISTRATION
3.23
DEVELOPMENT PROHIBITED
3.24
APPEAL BOARD
24
3.25
APPEALS
3.26
HEARING NOTICE AND MEETINGS
24
3.27
HEARING OF EVIDENCE
25
3.28
RETURN OF APPEAL FEE
3.29
NOTICE OF APPLICATION
26
3.30
RIGHT OF ENTRY
26
3.31
RECORD OF VIOLATIONS
3.32
STOP WORK ORDER AND PROSECUTION
26
18
19
20
20
21
21
22
23
23
24
25
26
27
TOWN OF WABUSH DEVELOPMENT REGULATIONS
3.33
DELEGATION OF POWERS
27
4.0
GENERAL DEVELOPMENT STANDARDS
28
4.1
ACCESSES AND SERVICE STREETS
28
4.2
ACCESSORY BUILDINGS
28
4.3
BUFFER (AROUND RESIDENTIAL AREA)
28
4.4
BUFFER (AROUND WATERWAYS)
29
4.5
BUILDING HEIGHT
29
4.6
BUILDING LINE AND SETBACK
29
4.7
FAMILY AND GROUP CARE CENTRES
30
4.8
HEIGHT EXCEPTIONS
30
4.9
LIVESTOCK STRUCTURES AND USES
30
4.10
LOT AREA
30
4.11
LOT AREA AND SIZE EXCEPTIONS
31
4.12
LOT FRONTAGE
31
4.13
MINOR FRONT YEAR PROJECTTIONS ON RESIDENTIAL LOT
31
4.14
NON-CONFORMING USE
31
4.15
OFFENSIVE AND DANGEROUS USES
32
4.16
OFFSTREET PARKING REQUIREMENTS
33
4.17
OFF-STREET LOADING REQUIREMENTS
34
4.18
PARKS AND PLAYGROUNDS, AND CONSERVATION USES
34
4.19
SCREENING AND LANDSCAPING
34
4.20
SECURITY DEPOSITS
34
4.21
SERVICES AND PUBLIC UTILITIES
35
4.22
PETROLEUM DISPENSING FACILITIES/SERVICE STATIONS
35
4.23
SIDE YARDS
36
4.24
STREET CONSTRUCTION STANDARDS
36
4.25
SUBSIDIARY APARTMENTS
36
4.26
DRAINAGE SYSTEM OF DEVELOPMENTS
36
4.27
MOBILE HOMES
36
4.28
UNSUBDIVIDED LAND
37
4.29
ZERO LOT LINE AND OTHER COMPREHENSIVE DEVELOPMENT
37
4.30
SERVICES REQUIRED
37
4.31
MULTIPLE USES ON A LOT
37
4.32
DESIGN GUIDELINES
38
5.0
SUBDIVISION OF LAND
39
5.1
APPLICATION OF SECTION 5
39
5.2
PERMIT REQUIRED
39
5.3
SERVICES TO BE PROVIDED
39
5.4
PAYMENT OF SERVICE LEVIES AND OTHER CHARGES
39
5.5
ISSUE OF PERMIT SUBJECT TO CONSIDERATIONS
39
5.6
PERMIT TO DEVELOP REQUIRED FOR EACH LOT
40
1
I
1
I
I
I
I
I
I
1
I
I
I
I
I
I
I
WABUSH
ii I
TOWN OF WABUSH DEVELOPMENT REGULATIONS
5.7
FORM OF APPLICATION
40
5.8
SUBDIVISION SUBJECT TO ZONING
40
5.9
BUILDING LINES
40
5.10 LAND FOR PUBLIC OPEN SPACE
40
5.11 STRUCTURE IN STREET RESERVATION
41
5.12 SUBDIVISION DESIGN STANDARDS
41
5.13 ENGINEER TO DESIGN WORKS AND CERTIFY CONSTRUCTION LAYOUT
42
5.14 DEVELOPER TO PAY ENGINEER'S FEES AND CHARGES
43
5.15 STREET WORKS MAY BE DEFERRED
43
5.16 TRANSFER OF STREETS AND UTILITIES TO COUNCIL
43
5.17 RESTRICTION ON SALE OF LOTS
44
5.18 GROUPING OF BUILDINGS AND LANDSCAPING
44
6.0
SIGNS AND ADVERTISEMENT REGULATIONS
45
6.1
APPLICATION OF THESE REGULATIONS
45
6.2 DEFINITIONS
45
6.3
PERMIT EXEMPTIONS
47
6.4
ELECTION SIGNS
47
6.5
REAL ESTATE SIGNS
48
6.6
BENCH AND BUS SHELTER SIGN AND ADVERTISEMENT
48
6.7
PROHIBITED SIGNS
48
6.8
STATIONARY VEHICLE SIGNS
48
6.9
SIGHT TRIANGLE
49
6.10 ELECTRICAL OR ILLUMINATED SIGNS
49
6.11 EASEMENTS
49
6.12 ADVERTISEMENTS PROHIBITED IN STREET RESERVATION
49
6.13 ENGINEERING DESIGN REQUIREMENTS
49
6.14 OTHER REQUIRED INFORMATION
49
6.15 ADVERTISEMENTS
50
6.15.1
Permit Required
50
6.15.2
Form of Application
50
6.15.3
Permit Valid for Limited Period
50
6.15.4
Removal of Advertisements
50
6.15.5
Advertisements Exempt from Control
50
6.15.6
Approval Subject to Conditions
51
6.15.7
Non-Conforming Uses
51
6.15.8
Banner Sign
51
6.15.9
Billboard Sign
51
6.15.10 Canopy Sign
52
6.15.11
Ground Sign or Pylon Sign
53
6.15.12
Inflatable Sign
53
6.15.13 Marquee Sign
54
6.15.14 Menu Boards
54
6.15.15
On- Site Traffic Directional Sign
54
iii
TOWN OF WABUSH DEVELOPMENT REGULATIONS
6.15.16
Off-Site Directional Sign
55
6.15.17
Portable Sign
55
6.15.18
Sidewalk Sign
55
6.15.19
Projecting Sign
56
6.15.20
Roof Sign
56
6.15.21
Wall Sign
57
6.16 MULTI-TENANT BUILDING
57
6.17 SIGNS ALONG THE TRANS LABRADOR HIGHWAY (ROUTE 500)
57
6.18 CESSATION OF USE
58
6.19 APPLICATION TO EXISTING SIGNS AND ADVERTISEMENTS
58
7.0
OFF-STREET PARKING REQUIREMENTS
59
7.1
OFF-STREET PARKING REQUIREMENTS
59
7.2
GENERAL PARKING REQUIREMENTS
59
8.0
USE ZONES
61
8.1
USE ZONES
61
8.2
USE CLASSES
61
8.3
PERMITTED USES
61
8.4
DISCRETIONARY USES
62
8.5
USES NOT PERMITTED
62
8.6 STANDARD CONDITIONS FOR ALL ZONES
62
8.6.1
Referrals- General Approvals by Provincial and Federal
Government Agencies and Departments
62
8.6.2
Development Over Easements
64
8.6.3
Obstruction of Yards
64
8.6.4
Conservation of Natural Environment and Aesthetic Areas
64
8.6.5
Shoreline Buffers
64
8.6.6
Advertisements Relating to On-site Uses
65
8.6.7
Advertisements Relating to Off-site Uses
65
8.6.8
Habitat Management Unit
65
8.6.9
Corner Lots
65
8.6.10
Development on Multiple Lots
66
8.6.11
Site Plan
66
8.7
RESIDENTIAL MEDIUM DENSITY
67
8.7.1
Permitted Uses
67
8.7.2
Discretionary Uses
67
8.7.3
Lot Standards
67
8.7.4
Conditions
68
8.8
RESIDENTIAL SMALL LOT
74
8.8.1
Permitted Uses
74
8.8.2
Discretionary Use
74
8.8.3
Lot Standards
74
8.8.4
Conditions
74
I
1
I
I
I
I
I
I
I
1
1
I
I
I
I
1
I
WABUSH
iv I
TOWN OF WABUSH DEVELOPMENT REGULATIONS
8.9 CABIN DEVELOPMENT
76
8.9.1
Permitted Uses
76
8.9.2
Discretionary Uses
76
8.9.3
Lot Standards
76
8.9.4
Conditions
76
8.10 COMMERCIAL - GENERAL
78
8.10.1
Permitted Uses
81
8.10.2
Discretionary Uses
81
8.10.3
Development Standards
81
8.10.4
Conditions
82
8.11 INDUSTRIAL - GENERAL
84
8.11.1
Permitted Uses
84
8.11.2
Discretionary Uses
84
8.11.3
Development Standards
84
8.11.4
Conditions
84
8.12 INDUSTRIAL - LIGHT
87
8.12.1
Permitted Uses
87
8.12.2
Discretionary Uses
87
8.12.3
Development Standards
87
8.12.4
Conditions
87
8.13 INDUSTRIAL - AIRPORT
89
8.13.1
Permitted Uses
89
8.13.2
Discretionary Uses
89
8.13.3
Conditions
89
8.14 PUBLIC USE
90
8.14.1
Permitted Uses
90
8.14.2
Discretionary Uses
90
8.14.3
Development Standards
90
8.14.4
Conditions
90
8.15 OPEN SPACE
92
8.15.1
Permitted Uses
92
8.15.2
Discretionary Uses
92
8.15.3
Conditions
92
8.16 CONSERVATION
93
8.16.1
Permitted Uses
93
8.16.2
Discretionary Uses
93
8.16.3
Conditions
93
8.17 RURAL
94
8.17.1
Permitted Uses
94
8.17.2
Discretionary Use
94
8.17.3
Conditions
94
8.18 MINERAL WORKINGS
97
8.18.1
Permitted Uses
97
8.18.2
Discretionary Uses
97
v
TOWN OF WABUSH DEVELOPMENT REGULATIONS
8.18.3
Conditions
97
LIST OF SCHEDULES
Schedule A Classification of Uses of Land and Buildings
Schedule B Zoning Map
Schedule C Provincial Development Regulations
WABUSH
vi
TOWN OF WABUSH DEVELOPMENT REGULATIONS
APPLICATION
September 2018
1.0 APPLICATION
1.1
SHORT TITLE
1. These Regulations may be cited as the Wabush Development Regulations, 2018. Where there
is conflict between the Town's Development Regulations and the Minister's Development
Regulations (see Schedule C), the latter shall take precedence.
1.2 INTERPRETATION
1. Words and phrases used in these Regulations shall have the meanings ascribed to them in
Section 2.
2. Words and phrases not defined in Section 2 shall have the meanings that are commonly
assigned to them in the context in which they are used in the Regulations.
1.3 COMMENCEMENT
1. These Regulations come into effect throughout the Wabush 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.
1.4 MUNICIPAL CODE AND REGULATIONS
1. The Building Code, including the Plumbing Code, the Fire Code, the Electrical Code, and any
other ancillary code and any Building Regulations, Waste Disposal Regulation, and/or any
other municipal regulations regulating or controlling the development, conservation and use
of land in force in the Town of Wabush, shall, under these Regulations apply to the entire
Planning Area.
41100N
WABUSH
1
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
2.0 DEFINITIONS
ACCESS means a way used or intended to be used by vehicles, pedestrians or animals in order to
go from a street to adjacent or nearby land or to go from that land to the street.
ACCESSORY BUILDING includes:
a. a detached subordinate building not used as a dwelling, located on the same lot as the
main building to which it is accessory and which has a use that is customarily incidental or
complimentary to the main use of the building or land to which it is accessory;
b. for residential uses, domestic garages, carports, ramps, sheds, swimming pools,
greenhouses, cold frames, fuel sheds, vegetables storage cellars, shelters for domestic pets
or radio and television antennae;
c. for commercial uses, workshops or garages; and
d. for industrial uses, garages, offices, raised ramps and docks.
ACCESSORY DWELLING UNIT means a use, separate building, or structure, which is usually
incidental, subordinate, exclusively devoted to and located on the same lot as the principal use,
building or structure but not including a building or structure that is used as a dwelling unless
specifically permitted.
ACCESSORY USE means a use that is subsidiary to a permitted or discretionary use and is customarily
expected to occur with the permitted or discretionary use.
ACT unless the context indicates otherwise, means the Urban and Rural Planning Act, 2000.
ABUTTING LAND means land having a common border with, or being separated from such a
common border by a right-of-way, alley, or easement.
ADJACENT USE means the use of adjacent land.
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 advertisement, announcement or direction; excluding such things employed wholly as
a memorial or functional advertisement of Councils, or other local authorities, public utilities and
public transport undertakers, and including any boarding 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 grazing land, meadow
land, osier land, market gardens and nursery grounds and the use of land for woodlands where
04*
WABUSH
2
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
that use is ancillary to the farming of land for any other purpose. "Agricultural" shall be construed
accordingly.
AMUSEMENT USE: The use of land or buildings equipped for the playing of electronic, mechanical,
or other games and amusements including electronic games, pinball games and slot machine
arcades and billiard and pool halls.
ANIMAL UNIT means one of the following animals or groups:
380 Pullets (less than 1.2 kg);
300 Broiler Chickens (less than 1.5 kg);
90 Broiler Turkeys (less than 5.0 kg);
60 Heavy Hen Turkeys (5.0-7.5 kg);
40 Heavy Tom Turkeys (5.0-12.0 kg);
200 Rabbits (includes litter);
8 Ewe sheep (plus lambs);
200 Layer Hens (less than 2.3 kg);
1 Dairy Cow (plus calves);
2 Beef Cow (plus calves);
1 Bull;
1 Horse (plus foal);
1 Sow (farrow to finish);
3 Sows (Breed Sow, litter 1-15 kg.);
6 Hogs (operation based on 15-90 kg.);
3 Boars;
40 Foxes (including breed females, male and litter); or
150 Mink (including breed females, males and litter).
ANTENNA means a system that involves the transmission or receiving of data through radio waves,
air monitoring, weather collection devices or other sources, typically forming part of a mast or
tower that may be several hundred metres tall, either guyed or freestanding. Small monitoring
structures are typically located near the base.
APARTMENT BUILDING means a building containing three four or more separate dwelling units
each having an independent entrance either directly from outside the building or through a
common vestibule, but does not include a single dwelling, a row dwelling or a residential dwelling
with a subsidiary apartment.
APPLICANT means a person who has applied to the authority for an approval to carry out a
development.
APPEAL BOARD means the appropriate Appeal Board established under 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.
11400N
WABUSH
3
lot 1
111
lot lA
street
a
<13,
-.<
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
APPROVAL IN PRINCIPLE means the preliminary approval of an application relating to the
development subject to the later submission to Council, for consideration and approval, which
does not permit development, of details not stated in the application.
AUTHORITY means a council, authorized administrator or regional authority.
BACKLOT means any lot which gains highway frontage through the use of a narrow strip of land
which is an integral part of the lot.
BASEMENT means a habitable portion of a building that is wholly or partly underground, and has
not more than half of the distance between the floor level and the underside of the ceiling joists
above the adjacent finished grade elevation.
BED AND BREAKFAST means either a single, double or row dwelling in which overnight
accommodation and a breakfast meal are offered to registered guests for a fee and which is
occupied by the property owner or the bed and breakfast host as a primary residence.
BOARDING HOUSE/ LODGING HOUSE means a dwelling where individual accommodations
provided for rent or other valuable consideration to five (5) or more rooms or units commonly
referred to as a "boarding house" where meals may be included, and in which the kitchen and/or
bathroom facilities are used in common by some or all of the occupants. A dwelling with two or
fewer tenants shall not be considered a Boarding House provided the owner also resides in the
dwelling. The dwelling in which the boarding house residential use is carried out is similar in exterior
finish, design, height and scale to a private residential building.
BUFFER means an area of natural lands or water, or a developed area of land that acts as a
separation between two land uses. A buffer can be an area of open land, or a berm, screen, or
similar physical improvement that lessens or mitigates the adverse impacts of an adjoining land
use or property onto another land use or property.
WABUSH
4
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
BUILDING means:
a. a structure, erection, excavation, alteration or improvement placed on, over or under
land, or attached, anchored or moored to land;
b. mobile structures, vehicles and marine vessels adapted or constructed for residential,
commercial, industrial and other similar uses;
c. a part of and fixtures on buildings referred to in (a) and (c); and
d. an excavation of land whether or not that excavation is associated with the intended or
actual construction of a building or thing referred to in subparagraphs (a) to (b).
BUILDING HEIGHT means the vertical distance, in metres, from established grade (not finished floor)
to the:
a. highest point of the roof surface of a flat roof or butterfly roof;
b. deck line of a mansard roof; and
c. mean height level between the eave and ridge of a gable, hip or gambrel roof.
In any case, a Building Height shall not include mechanical structures, smokestacks, steeples, and
purely ornamental structures above a roof.
ti
Sloped roof shapes
s'Ed
gable
butterfly
hip
gambrel
(Dutch Colonial)
mansard
5
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
BUILDING LINE means a line established by Council that runs parallel to the street line and is set at
the closest point to a street that a building may be placed. A corner lot is deemed to have a
building line on both the primary and flanking streets.
BUILDING PERMIT means a document authorizing the construction of a new building, demolition
and/or alteration of a building on an approved lot.
BUILDING SEPARATION means the minimum distance between two buildings.
CARRYING ON A BUSINESS means activities that occupy the time, attention and labour of owners
and employees for the purpose of a livelihood or profit, and involves incurring liabilities to other
persons for the purpose of charging money for goods or services. For the purposes of these
Regulations, a Home Based Business shall be considered to be engage in the same.
CEMETERY means a use of land or a building for interment of the deceased.
CHILD CARE (or DAY CARE) means a building or part of a building in which services and activities
are regularly provided seven (7) or more children as defined in the Child Care Services Act, but
do not include a school as defined by the Schools Act.
COLLECTOR STREET means a street designed to link local streets with arterial streets that is
designated as a collector street in the Municipal Plan.
CONDOMINIMUM means an apartment building or townhouse complex containing individually
owned units that share common parking areas, grounds or other amenities and are registered
with the Registry of Condominiums, Government of Newfoundland and Labrador.
CONSTRUCT means to build, reconstruct, or relocate and, without limiting the generality of the
word, includes:
a. any preliminary operation such as excavation, filling or draining; and
b. altering an existing building or structure by an addition, enlargement, extension or other
structural change such as shelving and changing modular units.
CONSTRUCTION PERMIT means a document authorizing construction of municipal infrastructure
such as piped municipal services, roads, cubs, sidewalks, utilities and site grading. These activities
are approved under a phased subdivision development approval and/or development
agreement.
CONVENIENCE STORE means an establishment where food, tobacco, drugs, periodicals, or similar
items of household convenience are kept for retail sale to residents of the immediate
neighbourhood.
COUNCIL means the elected council, Town of Wabush.
WABUSH
6
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
DATA CENTRE means a building or structure that is used to house computer systems and associated
components such as telecommunications and storage systems.
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; and
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:
i.
the carrying out of works for the maintenance, improvement or other alteration or
any building, being works that affect only the interior of the building or which do
not materially affect the external appearance or use of the building;
ii.
the carrying out by a highway authority of any works required for the maintenance
or improvement of a road, being works carried out on land within the boundaries
of the road reservation;
iii.
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; or
iv.
the use of any building or land within the courtyard of a dwelling house for any
purpose incidental to the enjoyment of the dwelling house as such.
111
DEVELOPMENT AGREEMENT means a written agreement between the Town and a developer that
establishes particular circumstances and conditions under which a development may be carried
out.
DEVELOPMENT AUTHORITY means the Development Officer, or Municipal Council of the Town of
Wabush.
DEVELOPMENT OFFICER means the person appointed by a resolution of Council to the office
established by these Development Regulations.
DEVELOPMENT PERMIT means a document authorizing a development issued pursuant to these
Development Regulations.
DISCRETIONARY USE: means a use that is listed within the discretionary use classes established in the
use zones of these development regulations.
DIRECTOR means the Director of Planning and Land Use.
I
4*
WABUSH
7
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
DOUBLE DWELLING means one building containing two dwelling units, placed one above the
other, side by side, or joined by a carport with separate lot areas dedicated to each unit, but
does not include a single dwelling containing a subsidiary or basement apartment.
Jr
2
example 1
example 2
8 1
unit I
III
unit 2
example 3
DRIVEWAY means that portion of a lot used to provide access from the street to a parking space
or spaces and which has been graded and graveled or surfaced with concrete, asphalt, crushed
stone or other hard surface and dustless materials and has a maximum width equal to that of the
garage on the lot.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms used or
designed as the living quarters for one or more persons.
ENGINEER means an engineer who is a member of the Association of Professional Engineers and
Geoscientists of Newfoundland, employed or retained by Council.
0.0
WABUSH
8
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
ESTABLISHED GRADE means
a. where used in reference to a building, the average elevation of the finished surface of the
ground where it meets the exterior or the front of that building exclusive of any artificial
embankment or entrenchment, or
b. where used in reference to a structure that is not a building, the average elevation of the
finished grade of the ground immediately surrounding the structure, exclusive of any
artificial embankment or entrenchment.
EXISTING means legally existing at the time that these regulations come into legal effect.
FLANKING STREET means the secondary street bordering a corner lot.
FLOOR AREA means the total area of all floors in a building measured to the outside face of exterior
walls excluding in the case of a dwelling, any private garage, porch, verandah, sunroom,
unfinished attic or basement and cellar or other room(s) not habitable at all seasons of the year.
FORESTRY means the use of land for the purpose of forest and woodland management including
the felling, cutting, trimming and thinning of forest or woodland for the extraction of timber, and
includes reforestation, afforestation and silviculture.
FRONTAGE means the horizontal distance between side lot lines measured at the building line.
GARAGE means an accessory building or part of the principal building designed and used
primarily for the storage of non-commercial motor vehicles.
GARDEN SUITE (GRANNY FLAT) means a small independent building, physically separate from the
principal dwelling unit with which it is associated that is used as a dwelling unit or for activities
accessory to those permitted in the principal dwelling unit such as Home Occupation.
GENERAL GARAGE means land or buildings other than a private garage used for the repair,
maintenance and storage of motor vehicles and may include the sale of petroleum products.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing, assembling,
altering, repairing, manufacturing, fabricating, preparing, processing, testing, salvaging, breaking
up, demolishing, or treating any article, commodity or substance, and "Industry" shall be
construed accordingly.
0.10
WABUSH
9
I Height
7
Grade
I
1/2
1/2
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
GRADE means, as applicable
a. the average elevation of the finished surface of the ground at ground level, excluding an
artificial embankment or excavation at the perimeter of a building, measured on any side
of a building;
b. the elevation of the ground surface in its natural state, before man-made alterations; or
c. on sloping or irregular sites, the angled plane determined by the Development Officer in
relation to (a) or (b) above.
GROSS FLOOR AREA means the total of the floor areas of a building(s), above or below grade,
measured between the exterior faces of the exterior walls of the building at each floor level.
GROUP HOME means a dwelling unit accommodating not more than six persons, exclusive of staff,
in a home-like setting where staff provide care and supervision. This definition includes, but is not
limited to, the facilities called "Transition House" and "Foster Home".
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes involving the use
of materials or processes that because of their inherent characteristics constitute a special fire,
explosion, radiation or other hazard.
HOME OCCUPATION means a development consisting of the use of an approved dwelling by a
resident of that dwelling for one business.
HOME BASED BUSINESS means a secondary use in a portion of a dwelling or accessory unit in which
a business is conducted by the occupant of the dwelling unit.
WABUSH
10
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
HOSTEL means an inexpensive, short-term dormitory-style shared room that accepts individual
travelers, typically backpackers or groups for short-term stays, and provides common areas and
communal facilities.
HOSPITALITY HOME means a dwelling unit in which at least one room is regularly rented, and
includes the uses commonly referred to as "Bed and Breakfast". Residency of the operator and
licensing with a Provincial authority is required.
HOTEL means a commercial establishment that consists of a building with three or more attached
sleeping units grouped under one roof to accommodate the traveling public, which may or may
not have restaurant, retail, and personal services.
INSTITUTIONAL USE 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.
INSPECTOR means a person appointed as an inspector by Council.
ISO (International Organization for Standardization) CONTAINER means a reusable shipping or
freight container for moving products and raw materials between locations that may be used for
additional warehousing and storage space.
KENNEL means an establishment for the keeping, breeding and raising of domesticated animals
for personal or business interest including short as well as long-term boarding of dogs.
LAND includes land covered by water, and buildings and structures on, over, or under the soil, and
fixtures that form part of those buildings and structures.
LANDSCAPING means the development of land by altering the topography and ground cover
and may include the use of turf, plants, shrubs, trees, retaining walls and fences.
LANDSCAPING PLAN means a scaled drawing illustrating a design for a landscaped area that
specifies the number, species, height and caliper of trees and shrubs, the size, colour and texture
of hard landscaping, areas of grass, edging details, cross sections and details of any construction,
and details of any other features or horticultural elements.
LIGHT INDUSTRY means the use of land or buildings for industrial use that can be carried out without
hazard or intrusion and without detriment to the amenity of the surrounding area by reason of
noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
04110K
WABUSH
1 1
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
LINK HOME means a double dwelling connected by a carport with separate lot areas dedicated
to each unit being architecturally similar and constructed to the equal standard including
frontage, height and floor area.
LIVESTOCK FACILITIES means livestock/poultry barns where agricultural animals are housed and
includes associated manure storage.
LIVESTOCK UNIT means equivalent values for various types of animals including poultry, based on
manure production and production cycles.
LOCAL STREET means a street designed primarily to provide access to adjoining land that is not
designated as a collector street or arterial street in the Municipal Plan.
LODGING HOUSE means the same as boarding house.
LOT means a plot, tract or parcel of land that can be considered as a unit of land for a particular
use or building thereto in relation to which the following definitions shall apply:
a. LOT AREA means the total horizontal area within the lines of a lot.
b. LOT, CORNER: means a lot deemed to have street frontages on both a primary and a
flanking (secondary) street;
c. LOT COVERAGE means the combined area of all buildings on a lot, excluding structures
without a roof, measured at the level of the lowest floor above the established grade and
expressed as a percentage of the total area of the lot;
d. LOT DEPTH means the length of a straight line joining the middle of the front lot line with the
middle of the rear lot line;
e. LOT LINE, FRONT means the property line dividing the lot from an abutting road. In the case
of a corner lot, the property lot line that is parallel to the front of the house shall be the
front lot line;
f.
LOT LINE, REAR means the property line that is directly opposite to the front lot line at the
rear of the property;
g. LOT LINE, SIDE means the property line extending between the front lot line and the rear
lot line that identifies the division between the lot and an abutting lot sharing said lot line;
and
h. LOT WIDTH means the distance between the side lot lines at a point midway between the
front and rear of the lot and approximately parallel to the street line.
MARKET INDOOR/MARKET OUTDOOR means the sale of goods or products. Examples may include
farmers markets, fish market, flea markets or other types of goods.
MEDICAL CLINIC means a building or part of a building where two or more practitioners provide
human health services without overnight accommodation for patients.
WABUSH
12
i
I
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
I
MINERAL WORKING means land or buildings used for the working, stockpiling or extraction of rock,
mineral, peat or aggregate material, and will include a "quarry".
I
MINI HOME means a factory produced single dwelling complying with the National Building Code
and having the appearance of a mobile home.
I
MINISTER shall mean the Minister of Municipal Affairs, unless otherwise specified.
I
MOBILE HOME means a transportable factory-built single-unit dwelling unit as described in
Regulation 4.27.
I
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
I
for the maintenance and 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
I
is classified as a mobile home park by the Authority.
MOBILE HOME SUBDIVISION means a mobile home development requiring the subdivision of land
I
whether in single or joint ownership into two or more 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
I
where the mobile home development is classified as a mobile home subdivision by the Authority.
MOTEL means a building or a group of buildings on a parcel of land designed and operated to
provide temporary sleeping accommodation for transient travelers and contains separate
I
sleeping units, each of which is provided with an adjoining or conveniently located parking space.
MOTOR VEHICLE REPAIR GARAGE means a building or structure where the service performed or
I
executed on motor vehicles for compensation shall include the installation, rust proofing, motor
vehicle diagnostic centre, major and minor mechanical repairs or similar use.
I
MUNICIPAL PLAN means a plan adopted by Council as a Municipal Plan pursuant to the Urban
and Rural Planning Act, 2000.
I
NON-CONFORMING USE means a legally existing use that is not listed as a permitted or discretionary
use for the use zone in which it is located or does not meet the development standards for that use
zone as per the Urban and Rural Planning Act, 2000.
I
OFFICE means a room or rooms where business may be transacted, service performed or a
consultation given but shall not include the manufacturing of any product or the retail selling or
goods.
I
4*
WABUSH
1
13
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
OUTDOOR LIVING AREA means an outside space immediately adjacent to and accessible from a
dwelling such as a porch, deck, balcony or roof deck, which shall be available to occupants of
such dwelling for leisure activities.
OUTDOOR STORAGE means the storage of merchandise, goods, inventory, material, or equipment
that are not intended for immediate sale, by locating them on a lot exterior to a building.
OWNER means a person or an organization of persons owning or having the legal right to use of the
land under consideration.
PERMITTED USE means a use that is listed within the permitted use classes set out in the use zones.
PET CEMETERY means an area of land used for the business of the burial of domestic pet animals. It
includes the use of accessory buildings and structures used in the pet cemetery business including
but not limited to chapels and crematoriums.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
PLAN means a municipal plan established under the Urban and Rural Planning Act, 2000.
PLANNING AREA means a municipal planning area established under sections 6 and 1 1 of the
Urban and Rural Planning Act, 2000.
PRIMARY STREET means the street on which a development fronts and is referenced in the civic
address.
PROHIBITED USE means a use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that an authority specifies as not permitted within a use zone.
RETAIL STORE means a building or part of a building in which goods, wares, merchandise,
substance, articles, or things are offered for sale directly to the public at retail value.
RESTAURANT means a building where food and beverages are offered for sale to the public for
consumption at tables or counters either inside or outside the building on the lot. As an accessory
use, take-out service of food and beverages for off-site consumption may be provided.
ROW DWELLING means three or more dwelling units at ground level in one building, each unit
separated vertically from the others.
SCREENING means a fence, berm, trees, hedge, wall or building used to separate areas or
functions that detract from the appearance of the streetscape and the view from the surrounding
areas.
SEASONAL RESIDENCE means a dwelling designed or intended for seasonal or recreational use, and
not intended for use as permanent living quarters.
WABUSH
14
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
SECONDARY USE means any use, except those uses contained in the prohibited uses section of
this regulation, that is subordinate and incidental to the residential use and does not compromise
the residential character of the property.
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 public street for the purpose of
providing an alternative to direct access to that street.
SETBACK means the distance that a development or a specified portion of it, must be set back
from a property line.
SHOP means a building or part thereof used for retail trade wherein the primary purpose is the selling
or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of retail
services but does not include an establishment wherein the primary purpose 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 complementary uses with integrated parking that
is planned, developed, and designed as a unit to contain a minimum of five retail establishments.
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.
SIGN means a word, letter, model, placard, board, device or representation, whether illuminated
or not, in the nature of or employed wholly or in part for the purpose of advertisement,
announcement or direction and excludes those things employed wholly as a memorial,
advertisements of local government, utilities and boarding or similar structures used for the display
of advertisements.
SINGLE DWELLING means one building containing a single dwelling unit for the use of one
household, placed on its own lot, and can include a subsidiary apartment.
STREET means a street, road, highway or other way designed for the passage of vehicles and
pedestrians which is accessible by fire department and other emergency vehicles.
STREET LINE means the edge of a street reservation as defined by the authority having jurisdiction.
STREET RESERVATION means the land reserved by Council for a highway, street, lane or sidewalk
(see the definition of 'YARD' for image).
SUBDIVISION means the dividing of any land, whether in single or joint ownership, into two or more
pieces for the purpose of development.
41.10K
WABUSH
15
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
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 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.
TAXI STAND means an area for taxis to wait for fares and allows for a dispatch office. It does not
allow for a garage or area for the servicing or storage of vehicles.
TEMPORARY USE means a use established for a fixed period of time with the intent to discontinue
such use on the expiration of the time period.
TEMPORARY USE PERMIT means a permit for certain uses of a limited scope, duration and
frequency that are allowed to operate on a short-term basis.
TEMPORARY WORKERS RESIDENCE means one (1) or more buildings under single ownership and
operated on a temporary or seasonal basis used for accommodation of mine employees,
preparation and serving of food for those employees, and/or provision of sport and recreation
facilities for those employees. The units may be dismantled and removed from the site from time
to time.
TOWN means the Town of Wabush.
USE means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE means an area of land including buildings and water designated on the Zoning
Map to which the uses, standards and conditions of a particular use zone apply.
VARIANCE means a departure, to a maximum of 10% from the yard, area, lot coverage, setback,
size, height, frontage or any other numeric requirement of the applicable Use Zones of these
Regulations.
VETERINARIAN'S CLINIC means a place where animals or pets are given medical or surgical
treatment. Use as a kennel shall be limited to short-time boarding and shall only be incidental to
such hospital use.
WABUSH
16
exterior side lot line
P_
TOWN OF WABUSH DEVELOPMENT REGULATIONS
DEFINITIONS
September 2018
YARD means an open, uncovered space on a lot between a building or structure and a lot line in
relation to which the following definitions shall apply:
a.
YARD, FRONT means a yard extending across the full width of a lot between the front lot
line and the nearest main wall of any main building or main structure on the lot;
b.
YARD, REAR means a yard extending across the full width of a lot between the rear lot line
and nearest main wall of any main building or main structure on the lot;
c.
YARD, SIDE means a yard extending between the front yard and the rear yard between a
side lot line and the nearest main wall of any building on the lot; and
d.
YARD FLANKAGE means side yard of a corner lot, which side yard abuts a street.
rear lot line
rear yard
buildable area
front yard
a)
0
a)
0
a)
C
front &
side yard
1\
street
=
front & front lot line
side yard
centre line
street reservation
ZERO LOT LINE SUBDIVISION means a form of residential development where buildings are
permitted to be located on one or more lot lines with no yard between the building and the lot
line
ZONING MAP means the map or maps attached to and forming part of these Regulations.
WABUSH
17
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL REGULATIONS
September 2018
3.0 GENERAL REGULATIONS
3.1 COMPLIANCE WITH REGULATIONS
1. No development shall be carried out within the Planning Area except in accordance with
these Regulations.
3.2 PERMIT TO DEVELOP REQUIRED
1. 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 Council.
3.3 PERMIT TO DEVELOP BE ISSUED
Subject to Regulations 3.4 and 3.5, a permit shall be issued for development within the Planning
Area that conforms to:
1. the general development standards set out in Section 4 of these Regulations, the requirements
of Section 8 of these Regulations, and the use classes, standards, requirements, and conditions
prescribed within for the use zone in which the proposed development is located;
2. the standards set out in the Building Code and/or other ancillary codes, and any Building
Regulations, Waste Disposal Regulations, and/or any other municipal regulation in force in the
Planning Area regulating or controlling development, conservation and use of land and
buildings;
3. the standards set out in Section 6.15 of these Regulations in the case of advertisement;
4. the standards set out in Section 5 of these Regulations in the case of subdivision; and
5. the standards of design and appearance established by Council and the implementation of
Design Standards.
3.4 PERMIT NOT TO BE ISSUED IN CERTAIN CASES
1
Neither a permit nor approval in principle shall be issued for development within the Planning
Area when, in the opinion of Council, it is premature by reason of the site lacking adequate
road access, power, drainage, sanitary facilities, or domestic water supply, or being beyond
the natural development of the area at the time of application unless the applicant contracts
to pay the full cost of construction of the services deemed necessary by Council and such
cost shall attach to and upon the property in respect of which it is imposed.
WABUSH
18
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL REGULATIONS
September 2018
3.5 DISCRETIONARY POWERS OF COUNCIL
1. In considering an application for a permit or for approval in principle to carry out
development, Council shall take into account the policies expressed in the Municipal Plan and
any further scheme, plan or regulations pursuant thereto, and shall assess the general
appearance of the development of the area, the amenity of the surroundings, availability of
utilities, public safety and convenience, and any other considerations that are, in its opinion,
material, and notwithstanding the conformity of the application with the requirements of these
Regulations, Council may, in its discretion, and as a result of its consideration of the matters set
out in this Regulation, conditionally approve or refuse the application.
2. Council may, in its discretion, determine the uses that may or may not be developed in a use
zone and those uses shall be listed in Council's regulations as discretionary, permitted or
prohibited uses for that area.
3.6 VARIANCES
1. Where an approval or permit cannot be given by Council because a proposed development
does not comply with development standards set out in development regulations, Council
may, in its discretion, vary the applicable development standards to a maximum of 10% if, in
Council's opinion, compliance with the development standards would not prejudice the
proper development of the land, building or structure in question or would be contrary to
public interest.
2. Council shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be
made with respect to the same land, building or structure, would have a cumulative effect
that is greater than a 10% variance even though the individual variances are separately no
more than 10%.
3. Council shall not permit a variance from development standards where the proposed
development would increase the non-conformity of an existing development.
3.7 NOTICE OF VARIANCE
1. Where Council is to consider a proposed variance, Council shall give written notice of the
proposed variance from development standards to all persons whose land is in the immediate
vicinity of the land that is the subject of the variance, and allow a minimum period of seven
1
days for response.
I
4110**/
WABUSH
1
19
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL REGULATIONS
September 2018
3.8 SERVICE LEVY
1. Council may require a developer to pay a service levy where development is made possible
or where the density of potential development is increased, or where the value of property is
enhanced by the carrying out of public works either on or off the site of the development.
2. A service levy shall not exceed the cost, or estimated cost, including finance charges to
Council of constructing or improving the public works referred to in Regulation 3.8(1) that are
necessary for the real property to be developed in accordance with the standards required
by Council and for uses that are permitted on that real property.
3. A service levy shall be assessed on the real property based on:
a. the amount of real property benefited by the public works related to all the real property
so benefited; and
b. the density of development made capable or increased by the public work.
4. Council may require a service levy be paid by the owner of the property benefited and may
specify the time for payment. The amount of the service levy shall be determined by Council.
3.9 FINANCIAL GUARANTEES BY DEVELOPER
1. Council may require a developer before commencing a development to make such financial
provisions and/or enter into such agreements as may be required to guarantee the payment
of service levies, ensure site reinstatement, and to enforce the carrying out of any other
condition attached to a permit or license.
2. Council may require a developer to have insurance sufficient to cover public liability relative
to the development.
3. Council shall determine the form, amount and conditions of the financial agreement and the
insurance, as outlined under section 38 of the Urban and Rural Planning Act (the Act).
3.10 DEDICATION OF LAND FOR PUBLIC USE
1. In addition to the requirements for dedication of land under Regulation 5.10, Council may
require the dedication of a percentage of the land area of any subdivision or other
development for public use, and such land shall be conveyed to Council in accordance with
the provisions of the Act.
3.11 REINSTATEMENT OF LAND
1. Where the use of land is discontinued or the intensity of its use is decreased, Council 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 Council and shall put the site in a
clean and sanitary condition to the satisfaction of Council.
WABUSH
20
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL REGULATIONS
September 2018
3.12 FORM OF APPLICATION
1. An application for a development permit or for approval in principle shall be made only by
the owner or by a person authorized by the owner to Council on such form as may be
prescribed by Council, and every application shall include such plans, specifications and
drawings as Council may require, and be accompanied by the permit fee required by
Council.
2. Council shall supply to every applicant a copy of the application forms referred to in
Regulation 3.12(1) and a description of the plans, specifications and drawings required to be
provided with the application and any information or requirements applicable to the
application.
3.13 REGISTER OF APPLICATION
1. Council shall keep a public register of all applications for development, and shall enter therein
Council's decision on each application and the result of any appeal from that decision.
3.14 DEFERMENT AND DEEMED REFUSAL OF AN APPLICATION
1. Council may, with the written agreement of the applicant, defer consideration of an
application.
2. Applications properly submitted in accordance with these Regulations that have not been
discussed by Council and on which a decision has not been communicated to the applicant
within eight weeks of the receipt thereof by Council, and on which consideration has not been
deferred in accordance with Regulation 3.14(1), shall be deemed to be refused.
3.15 APPROVAL IN PRINCIPLE
1. An application for Approval in Principle shall include:
a. a description of the proposed development;
b. a description of the limits of the land to be used with the proposed development, and may
include a survey description of the subject lands;
c. submission of conceptual plans; and
d. any additional information that may be required by Council.
2. Council may issue an Approval in Principle if it determines the application conforms to the
Municipal Plan and these Regulations.
3. An Approval in Principle shall be valid for a period of one year, and may be extended
one year (must be requested by applicant), up to a total maximum period of two years.
4. No development shall be carried out under an Approval in Principle.
5. Council may revoke an Approval in Principle if it determines the applicant has changed the
proposed development in a way that significantly alters the original intent of the applications.
140N
WABUSH
21
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL REGULATIONS
September 2018
3.16 DEVELOPMENT PERMIT
1. A plan or drawing that has been approved by Council and 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 carried out in accordance with
these Regulations or any other regulations or statutes; and from compliance with all conditions
imposed thereunder.
2. Council may attach to a permit or to approval in principle such conditions as it deems fit in
order to ensure that the proposed development will be in accordance with the purposes and
intent of these Regulations.
3. Where Council deems necessary, permits may be issued on a temporary basis for a period not
exceeding two years, which may be extended in writing by Council for further periods 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 Ill of these
Regulations.
5. The approval of any application and plans or drawings or the issue of a permit shall not prevent
Council from thereafter requiring the correction of errors, or from ordering the cessation,
removal of, or remedial work on any development being carried out in the event that the
same is in violation of this or any other regulations or statute.
6. Council 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
based on incorrect information.
7. No person shall erase, alter or modify any drawing or specifications on which a permit to
develop has been issued by Council.
8. There shall be kept available on the premises where any work, matter or thing in being done
for which a permit has been issued, a copy of the permit and any plans, drawings or
specifications on which the issue of the permit was based during the whole progress of the
work, or the doing of the matter or thing until completion.
3.17 TEMPORARY USE PERMIT TO DEVELOP
1. A Permit to develop for a temporary use, which must comply with the Municipal Plan and
these Regulations as defined in Section 2.
3.18 PERMIT FEES
1 A fee may be charged for a Permit to Develop in accordance with the annual schedule of
fees as adopted by Council.
04*
WABUSH
22
WABUSH
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL REGULATIONS
September 2018
3.19 REASONS FOR CONDITIONS OR REFUSING PERMIT
1. Council shall, when refusing to issue a permit or attaching conditions to a permit, state the
reasons in writing for so doing.
3.20 NOTIFICIATION OF RIGHT TO APPEAL
1. Where Council makes a decision that may be appealed under section 42 of the Act, Council
shall, in writing, at the time of making that decision, notify the person to whom the decision
applies of the:
a. person's right to appeal the decision to the board;
b. time by which an appeal is to be made;
c. right of other interested persons to appeal the decision; and
d. manner of making an appeal and the address for the filing of the appeal.
3.21 APPEAL REQUIREMENTS
1. The Secretary of the Appeal Board at the Department of Municipal Affairs and Environment,
Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John's, NL, AlB 4J6 is the
secretary to all Appeal Boards in the province and an appeal filed with that secretary within
the time period referred to in subsection 42(4) of the Act shall be considered to have been
filed with the appropriate Appeal Board.
2. The fee required under section 44 of the Act shall be paid to the Appeal Board that hears the
decision being appealed by filing it with the secretary referred to in subsection (1) or (2) within
the 14 days referred to in subsection 42(4) of the Act.
3. The Appeal Board that hears the decision being appealed shall, subject to subsection 44(3)
of the Act, retain the fee paid to the Appeal Board.
4. Where an appeal of a decision and the required fee is not received by an Appeal Board in
accordance with this section and Part VI of the Act, the right to appeal that decision shall be
considered to have been forfeited.
3.22 APPEAL REGISTRATION
1. Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the Appeal Board as referred to in subsections 24(1) and (2), shall immediately
register the appeal.
2. Where an appeal has been registered the Secretary of the Appeal Board shall notify Council
of the appeal and shall provide to Council a copy of the appeal and the documentation
related to the appeal.
3. Where Council has been notified of an appeal that Council shall within one week of
notification forward to the appropriate board a copy of the application being appealed, all
correspondence, council minutes, plans and other relevant information relating to the appeal
23
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL REGULATIONS
September 2018
including the names and addresses of the applicant and other interested persons of whom
Council has knowledge.
4. Upon receipt of the information under subsection (3), the Secretary of the Appeal Board shall
publish in a newspaper circulated in the area of the appropriate Council, a notice that the
appeal has been registered.
5. A notice published under subsection (4) shall be published not fewer than two weeks before
the date on which the appeal is to be heard by the Appeal Board.
3.23 DEVELOPMENT PROHIBITED
1. Immediately on notice of the registration of an appeal Council shall ensure that any
development upon the property that is the subject of the appeal ceases.
2. Sections 102 and 104 of the Act apply to Council acting under subsection (1).
3. Upon receipt of a notification of the registration of an appeal with respect to an order under
section 102 of the Act, Council shall not carry out work related to the matter being appealed.
3.24 APPEAL BOARD
1. The Minister may, by order, establish an Appeal Board and shall assign to the Appeal Board a
specific area of the province over which it shall have jurisdiction, as outlined in section 40, of
the Act.
3.25 APPEALS
1. A person or an association of persons aggrieved of a decision that, under the regulations, may
be appealed, may appeal that decision to the appropriate Appeal Board where the decision
is with respect to:
a. an application to undertake a development;
b. a revocation of an approval or a permit to undertake a development;
c. the issuance of a stop work order; and
d. a decision permitted under the Act or another Act to be appealed to the board.
2. A decision of Council to adopt, approve or proceed with a municipal plan, a scheme,
development regulations and amendments and revisions of them is final and not subject to
an appeal.
3. An Appeal Board shall not make a decision that does not comply with the municipal plan, a
scheme and development regulations that apply to the matter being appealed.
4. An appeal shall be filed with the Appeal Board not more than 14 days after the person who
made the original application appealed from has received the decision being appealed.
5. An appeal shall be made in writing and shall include:
a. a summary of the decision appealed from;
b. the grounds for the appeal; and
c. the required fee.
WABUSH
24
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL REGULATIONS
September 2018
6. A person or group of persons affected by the subject of an appeal or their representatives
may appear before an Appeal Board and make representations concerning the matter under
appeal.
7. An Appeal Board may inform itself of the subject matter of the appeal in the manner it
considers necessary to reach a decision.
8. An Appeal Board shall consider and determine appeals in accordance with the Act and the
municipal plan, scheme and regulations that have been registered under section 24, of the
Act, and having regard to the circumstances and merits of the case.
9. A decision of the Appeal Board must comply with the plan, scheme or development
regulations that apply to the matter that has been appealed to that board.
10. In determining an appeal, an Appeal Board may confirm, reverse or vary the decision
appealed from and may impose those conditions that the board considers appropriate in the
circumstances and may direct Council to carry out its decision or make the necessary order
to have its decision implemented.
11. Notwithstanding subsection (10), above, where Council may, in its discretion, make a decision,
an Appeal Board shall not make another decision that overrules the discretionary decision.
12. The decision of a majority of the members of an Appeal Board present at the hearing of an
appeal shall be the decision of the Appeal Board.
13. An Appeal Board shall notify the appellant and the appropriate Council in writing of the
decision of the Appeal Board.
3.26 HEARING NOTICE AND MEETINGS
1. An Appeal Board shall notify the appellant, applicant, Council and other persons affected by
the subject of an appeal of the date, time and place for the appeal not fewer than seven
days before the date scheduled for the hearing of the appeal.
2. An Appeal Board may meet as often as is necessary to conduct its work in an expeditious
manner.
3.27 HEARING OF EVIDENCE
1. An Appeal Board shall meet at a place within the area under its jurisdiction and the appellant
and other persons notified under Regulation 3.26(1) or their representative may appear before
the Appeal Board and make representations with respect to the matter being appealed.
2. An Appeal Board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
3. A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing
of a property shall be considered to have been provided in the same manner as evidence
directly provided at the hearing of the Appeal Board.
4. In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of evidence.
25
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL REGULATIONS
September 2018
3.28 RETURN OF APPEAL FEE
1. Where an appeal made by an appellant under section 42 of the Act, is successful, an amount
of money equal to the fee paid by that appellant under Regulation 3.21 (2) shall be paid to
him or her by Council.
3.29 NOTICE OF APPLICATION
1. Notice of an application must be given when:
a. a variance is to be considered under Regulation 3.6;
b. a change in a non-conforming use is to be considered under Regulation 4.14(4);
c. the proposed development is listed as a discretionary use in Section 8; and
d. Council determines that the public should be notified of an application.
2. Subsequent to 3.29(1) above, Council shall give notice of an application for a Permit to
Develop and for an Approval in Principle as follows:
a. for an application for a variance, a direct notification of persons that are affected by the
application as specified under Regulation 3.6 (Variances), with a minimum seven-day
response period, and in compliance with the provisions of the Act. Council may use the
property tax roll where available, or other means to determine who is affected; and
b. for a change in a non-conforming use, any proposed development listed as a
discretionary use, or if Council determines the public should be notified of an application,
there shall be a public advertisement, with a minimum seven-day response period, to be
specified in the notice, or as specified under, Regulation 4.14(4) (Non-conforming Uses),
and in compliance with the provisions of the Act.
3. Notice of an application shall be at the expense of the applicant.
4. Notice of an application shall contain enough information to properly inform the public of the
location, the proposed type of development and other information deemed necessary to
determine whether or not there is a concern about the application.
3.30 RIGHT OF ENTRY
1. Council, the Director, or any inspector may enter upon any public or private land and may at
all reasonable times enter any development or building upon the land for the purpose of
making surveys or examinations or obtaining information relative to the carrying out of any
development, construction, alteration, repair, or any other works whatsoever that Council is
empowered to regulate.
3.31 RECORD OF VIOLATIONS
1. A designated official shall keep a record of any violation of these regulations that comes to
his knowledge and report that violation to Council.
WABUSH
26
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL REGULATIONS
September 2018
3.32 STOP WORK ORDER AND PROSECUTION
1. Where a person begins a development contrary or apparently contrary to these Regulations,
Council may order that person to stop the development or work connected therewith
pending final adjudication in any prosecution arising out of the development.
2. A person who does not comply with an order made under Regulation 3.32(1) is guilty of an
offence under the provisions of the Act.
3.33 DELEGATION OF POWERS
1. A Council shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
WABUSH
27
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL DEVELOPMENT STANDARDS
September 2018
4.0 GENERAL DEVELOPMENT STANDARDS
4.1 ACCESSES AND SERVICE STREETS
1. An access shall be located as specified by Council to ensure the greatest possible
convenience and safety of the street system and Council 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
of a local road, or 20 metres to the street line of a street intersection in the case of a collector
or arterial road.
3. Council may require the provision of service streets to reduce the number of individual
accesses to an adjacent street.
4.2 ACCESSORY BUILDINGS
1. Accessory buildings shall be clearly incidental and complementary to the use of the main
buildings in character, use and size, and shall be contained on the same lot as the main
Building.
2. No accessory building or part thereof shall project in front of any building line. An accessory
building that is fully attached (greater than 50%) to the main building, may establish a new
building line for the developed lot provided the building line is in accordance with the
minimum setback as specified in Section 8 of these Regulations.
3. The side yard requirements set out in the use zones in these Regulations shall apply to
accessory buildings wherever they are located on the lot but accessory buildings on two
adjoining properties may be built to property boundaries provided they shall be of fire resistant
construction and have a common firewall.
4. An accessory building that is attached to the main building:
a. Shall adhere to the side yard and rear yard standards of the main building as specified in
Section 8 of these Regulations;
b. Any separation from the main building shall meet with the minimum separation distance
as outlined in Section 8 of these Regulations - accessory buildings; and
c. Shall be of fire resistant construction and have a common firewall.
4.3 BUFFER (AROUND RESIDENTIAL AREA)
1. 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 30 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 Director of Planning and shall be maintained by the
owner or occupier to the satisfaction of Council.
WABUSH
28
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL DEVELOPMENT STANDARDS
September 2018
2. Where any commercial development permitted in any Use Zone abuts an existing or proposed
residential area the owner of the site of commercial development shall provide a buffer strip
between the two areas. The buffer shall include the provision of such natural or structural
barrier as may be required by Council and shall be maintained by the owner or occupier to
the satisfaction of Council.
3. Council may require landscaping and screening for a proposed development in order to
provide:
a. a screen or separation between different or incompatible uses, principally between
residential and non-residential uses, which will consist of either a screen of a minimum
height of 1.8 metres, or a buffer of 10 metres;
b. an acoustic barrier;
c. an attractive visual continuity and appearance between developments or on an
individual site;
d. delineation of an area; and
e. protection for the natural environment.
4.4 BUFFER (AROUND WATERWAYS)
1. No development will be permitted within 15 metres of the highwater mark of rivers or streams
or within 30 metres of the shoreline of ponds, with the exception of conservation structures
such as those designed to control flooding and erosion as well as bridges, pathways, and
public services. All development occurring within these limits is subject to the approval of
Council and the Department of Municipal Affairs and Environment.
4.5
BUILDING HEIGHT
1. Council may, at its discretion, permit the erection of buildings of a height greater than that
specified in Section 8 of these Regulations, but in such cases the building line setback and rear
yard requirements shall be varied as follows:
a. The building line setback shall be increased by 2 metres for every 1 metre increase in
height.
b. The rear yard shall not be less than the minimum building line setback calculated as
described in (a) above plus 6 metres.
4.6 BUILDING LINE AND SETBACK
1. Council, by resolution, may establish building lines on an existing or proposed street or service
street and may require any new buildings to be located on those building lines, whether or not
such building lines conform to the standards set out in Section 8 of these Regulations.
2. A building situated on a corner lot shall be required to observe the building line setback set
out in Section 8 of these Regulations on both the primary and flanking (secondary) streets.
411100N
WABUSH
29
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL DEVELOPMENT STANDARDS
September 2018
4.7 FAMILY AND GROUP CARE CENTRE
1. Family group care centre use is permitted in any dwelling or apartment that is adequate in
size to accommodate the number of persons living in the group, inclusive of staff, provided
that in the opinion of Council, 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. Council may require special access and safety features to be provided for the
occupants before occupancy is permitted.
4.8 HEIGHT EXCEPTIONS
1. The height requirements prescribed in Section 8 of these Regulations may be waived in the
case of communication masts and antennae, flagpoles, water towers, spires, belfries, or
chimneys, but any such waiver that results in an increase of more than 10% the permitted
height of the structure shall only be authorized under the provisions of Regulation 3.6.
4.9 LIVESTOCK STRUCTURES AND USES
1. No structure designed to contain more than five animal units shall be erected or used unless it
complies with the following requirements:
a. The structure shall be at least 600 metres from a residence, (except a farm residence or a
residence that is a non-conforming use in any zone in which agriculture is a permitted use
class in Section 8 of these Regulations), and, from an area designated for residential use in
an approved Plan, and, from a Provincial or Federal Park.
b. The structure shall be at least 60 metres from the boundary of the property on which it is to
be erected.
c. The structure shall be at least 90 metres from the property line.
d. The erection of the structure shall be approved by the Department of Forest Resources
and Agrifoods, the Department of Municipal Affairs and Environment NL.
e. Buildings must be approved by Town and review by Town Engineer at the developer's
expense.
2. No development for residential use shall be permitted within 600 metres of an existing structure
designed to contain more than five animal units unless the development is first approved by
the Department of Forest, Resources and Agrifoods.
4.10 LOT AREA
1. No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof
or otherwise, so that any building or structure on such lot shall have a lot coverage that
exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than that
permitted by these Regulations for the zone in which such lot is located.
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
WABUSH
30
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL DEVELOPMENT STANDARDS
September 2018
thereof, and shall not be deemed to form part of an adjacent lot for the purpose of computing
the area thereof available for building purposes.
4.11 LOT AREA AND SIZE EXCEPTIONS
1. Where, at the time of coming into effect of these Regulations, one or more lots already exist
in any residential zone, with insufficient frontage or area to permit the owner or purchaser of
such a lot or lots to comply with the provisions of these Regulations, then these Regulations
shall not prevent the issuing of a permit by Council for the erection of a dwelling thereon,
provided that the lot coverage and height are not greater than, and the yards and floor area
are not less than the standards set out in these Regulations.
4.12 LOT FRONTAGE
1. Except where specifically provided for in Section 8 of these Regulations, no residential or
commercial building shall be erected unless the lot on which it is situated fronts directly onto
a street or forms part of a Comprehensive Development Scheme.
4.13 MINOR FRONT YEAR PROJECTTIONS ON RESIDENTIAL LOT
1. No portion of a dwelling shall project into the minimum building line setback with the exception
of:
a. unenclosed steps with it without a landing;
b. an unenclosed or enclosed porch that projects no more than 4 m into the required
front yard depth or beyond that establish building line for the lot;
c. a patio or veranda; and
d. wheelchair ramps or other accessibility devises as approved by Council.
2. The projection does not encroach upon or reduce the minimum amount of parking required
for the lot.
3. The projection does not encroach upon or create an obstruction in the sight triangle for corner
lots.
4.14 NON-CONFORMING USE
1. Notwithstanding the Municipal Plan, scheme or regulations made under Part XII of the Urban
and Rural Planning Act, 2001, Council shall, in accordance with regulations made under this
Act, allow a development or use of land to continue in a manner that does not conform with
a regulation, scheme, or plan that applies to that land provided that the non-conforming use
legally existed before the registration under section 24 of the Act, scheme or regulations made
with respect to that kind of development or use.
2. Notwithstanding subsection (1) above, a right to resume a discontinued non-conforming use
of land shall not exceed 12 months after that discontinuance.
41/1/S
WABUSH
31
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL DEVELOPMENT STANDARDS
September 2018
3. A building, structure or development that does not conform to a scheme, plan or regulations
made under the Act that is allowed to continue under subsection (1):
a. shall not be internally or externally varied, extended or expanded unless otherwise
approved by Council;
b. shall not be structurally modified except as required for the safety of the building, structure
or development;
c. shall not be reconstructed or repaired for use in the same non-conforming manner where
50% or more of the value of that building, structure or development has been destroyed;
d. may have the existing use for that building, structure or development varied by Council to
a use that is, in Council's opinion, more compatible with the plan and regulations
applicable to it;
e. may have the existing building extended by approval of Council where, in Council's
opinion, the extension is not more than 50% of the existing building;
f. where the non-conformance is with respect to the standards included in these
development regulations, shall not be expanded if the expansion would increase the non-
conformity;
g. where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not be
expanded if the expansion would increase the non- conformity and an expansion must
comply with the development standards applicable to that building, structure or
development; and
h. where the building or structure is primarily zoned and used for residential purposes, may, in
accordance with the municipal plan and regulations, be repaired or rebuilt where 50% or
more of the value of that building or structure is destroyed.
4. Where considering a non-conforming building, structure or development and before making
a decision to vary an existing use of that non-conforming building, structure or development,
Council, at the applicant's expense, shall publish a notice in a newspaper circulating in the
area or by other means give public notice of an application to vary the existing use of a non-
conforming building, structure or development and shall consider any representations or
submissions received in response to that advertisement.
4.15 OFFENSIVE AND DANGEROUS USES
1. No building or land shall be used for any purpose that may be dangerous by causing or
promoting fires or other hazards or that may emit noxious, offensive or dangerous fumes,
smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any
nuisance that has an unpleasant effect on the senses unless its use is authorized by Council
and any other council having jurisdiction.
04K
WABUSH
32
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL DEVELOPMENT STANDARDS
September 2018
4.16 OFFSTREET PARKING REQUIREMENTS
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 number of parking spaces to be provided for any building, structure, use of occupancy
shall conform to the standards set out in Section 7 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 metres in width. Parking
required in a Residential Zone shall be provided on the same lot as the dwelling or dwellings.
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 metres distant from the use concerned.
4. The parking facilities required by this Regulation shall, except in the case of single or attached
dwellings, be arranged so that it is not 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 square metres 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 Council;
c. the lights used for illumination of the parking area shall be so arranged as to divert the light
away from adjacent development;
d. a structure, not more than 3 metres in height and more than 5 square metres 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 1.5 metres 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 metres in height shall be erected and maintained along all lot lines;
i. where, in the opinion of Council, strict application of the above parking requirements is
impractical or undesirable, Council may as a condition of a permit require the developer
to pay a service levy in accordance with these Regulations in lieu of the provision of a
parking area, and the full amount of the levy charged shall be used by Council for the
provision and upkeep of alternative parking facilities within the general vicinity of the
development.
6. Parking spaces, other than residential, for the physical challenged shall meet the requirements
of the Department of Government Services and Lands or the appropriate agency in place at
the time of application.
41000h,
WABUSH
33
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL DEVELOPMENT STANDARDS
September 2018
4.17 OFF-STREET LOADING REQUIREMENTS
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 metres long, 4 metres wide, and having a
vertical clearance of at least 4 metres with direct access to a street or with access by a
driveway of a minimum width of 6 metres to a street.
2. The number of loading spaces to be provided shall be determined by Council.
3. The loading facilities required by this Regulation shall be so arranged that vehicles can
maneuver clear of any street and so that it is not necessary for any vehicle to reverse onto or
from a street.
4.18 PARKS AND PLAYGROUNDS, AND CONSERVATION USES
1. Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and
playgrounds are not located in areas that may be hazardous to their use and are not
operated for commercial purposes.
4.19 SCREENING AND LANDSCAPING
1. Council may, in the case of existing unsightly development, order the owner or occupier to
provide adequate and suitable landscaping or screening; and for this purpose, may require
the submission of an application giving details of the landscaping or screening as outlined in
the Town of Wabush Landscape Guidelines.
4.20 SECURITY DEPOSITS
a. The Development Officer may recommend to Council that, as a condition of issuing a
Development Permit, the owner enter into a Development Agreement with Council to
provide a guaranteed security deposit to ensure:
i.
landscaping requirements are met;
ii.
the removal of permitted temporary structures;
iii.
municipal services are protected and/or built to Town standards;
iv.
hardsurfacing requirements are met; and/or
v.
other requirements as recommended by the Development Officer and
determined by Council.
b. If taken for landscaping purposes, the Security Deposit shall be 125% of the estimated
cost of all landscaping associated with the development. The applicant shall
calculate the cost. If, in the opinion of the Development Officer the estimated cost is
too low the Development Officer may recalculate and the Development Officer's cost
shall be determinative.
0.0
WABUSH
1 -
I
34
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL DEVELOPMENT STANDARDS
September 2018
c. If taken for the purposes of ensuring the removal of a temporary structure, the Security
Deposit shall be the estimated cost of removal of the temporary structure and any site
rehabilitation. The applicant shall calculate the estimated cost. If, in the opinion of the
Development Officer the estimated cost is too low the Development Officer may
recalculate and the Development Officer's cost shall be determinative.
d. If taken for the installation and/or protection of municipal services the Development
Officer with the assistance of the Manager of Public Works shall determine an
appropriate figure in consultation with the applicant. The Development Officer's cost
shall be determinative.
e. If taken for the purposes of hardsurfacing, the Security Deposit shall be 125% of the
estimated cost of hardsurfacing. The applicant shall calculate the cost. If, in the
opinion of the Development Officer the estimated cost is too low the Development
Officer may recalculate and the Development Officer's cost shall be determinative.
f. If taken for other purpose the Development Officer shall work with the applicant to
determine an appropriate and fair cost for the Security Deposit.
g. If cash is offered as the security, it shall be held by the Town in a non-interest bearing
account until the Development Officer is satisfied the conditions of the Development
Agreement in which the security deposit was taken to ensure have been met.
h. If a Letter of Credit is offered as the security, it shall be in a form satisfactory to the
Development Officer. The Letter of Credit shall be held by the Town until the
Development Officer is satisfied the conditions of the Development Agreement, in
which the security deposit was taken to ensure, have been met.
i. In the event that the owner does not complete the required work as detailed in the
Development Agreement the Town shall complete the work and issue an accounting
of how the proceeds of the Letter of Credit or cash were applied within 60 days of the
Town applying the Security Deposit. In the event that the Letter of Credit or the cash
do not cover the total costs of the work, the Town may issue an invoice to the applicant
for the additional costs, which shall be payable within 60 days.
4.21 SERVICES AND PUBLIC UTILITIES
1. Council 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 Council, adequate to protect the
character and appearance of the area.
4.22 PETROLEUM DISPENSING FACILITIES/SERVICE STATIONS
1. The following requirements shall apply to all proposed service stations:
a. petroleum dispensing pumps must be located on pump islands that vehicles may access
on either side, except for propane, diesel, and kerosene pumps that may have access on
one side;
35
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL DEVELOPMENT STANDARDS
September 2018
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;
d. when a dispensing pump is located on a corner lot, the minimum distance between an
access to the lot and the intersection of street lines shall be 10 metres; and
e. Surface run-off shall be directed to an oil/water separator before discharging into any
storm sewer or any other surface or sub-surface drainage system.
4.23 SIDE YARDS
1. A side yard, which shall be kept clear of obstruction, shall be provided on the exposed sides
of every building in order to provide access for the maintenance of that building.
4.24 STREET CONSTRUCTION STANDARDS
1. A new street may not be constructed except in accordance with and to the design and
specifications laid down by Council and required to meet Provincial Standards.
4.25 SUBSIDIARY APARTMENTS
1. 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.
4.26 DRAINAGE SYSTEM OF DEVELOPMENTS
1. A development may not be constructed or maintained so that it alters the natural flow of
water causing damage to other properties.
2. Each development shall be provided with a drainage system that is adequate to prevent the
retention of surface water on the development site.
3. Council may require the provision of an off-site drainage system to dispose of on-site drainage.
4. The drainage system of a development shall connect to other drainage systems on
surrounding properties and streets.
4.27 MOBILE HOMES
1. A mobile home shall:
a. complies with space standards substantially equal to those laid down in the National
Building Code of Canada and is in accordance with the construction standards laid down
and all other applicable Provincial and Municipal Codes;
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;
WABUSH
36
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL DEVELOPMENT STANDARDS
September 2018
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.
c. be supported and secured to a foundation sufficient to support its weight and prevent
movement;
d. be anchored to the ground with a minimum tension of 2,180 kilograms at each required
anchor point, including each corner, and have skirting extending to the ground; and
e. Abide by the conditions listed in the applicable use zones found in Section 8 of these
Regulations.
4.28 UNSUBDIVIDED LAND
1. Development is not permitted on unsubdivided land unless sufficient area is reserved to satisfy
the yard and other allowances called for in the Use Zone in which it is located and the
allowances shall be retained when the adjacent land is developed.
4.29 ZERO LOT LINE AND OTHER COMPREHENSIVE DEVELOPMENT
1. Council may, at its discretion, approve the erection of dwellings designed to form part of a
zero lot line development or other comprehensive layout which does not, with the exception
of dwelling unit floor area, meet the requirements of the Use Zones in Section 8, 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 Zones apply where the layout adjoins other development.
4.30 SERVICES REQUIRED
1. A development that is required or proposed to contain a plumbing system, must include
provisions satisfactory to the Director for the supply of water and disposal of sewage.
2. A development may be required to connect to a system for the supply of electricity.
3. A development may be required to include a fire fighting system in accordance with the
requirements of the municipal and/or provincial fire regulations.
4.31 MULTIPLE USES ON A LOT
1. A multiple use occurs when two or more different use classes exist in the same building or on
the same lot.
2. Council shall not permit a multiple use where it determines the proposed use is not compatible
with existing uses on or adjacent to the lot by reason of amenity, safety, appearance, design,
or nuisance.
3. Where the requirements of these Regulations are different for each component use of the
multiple use(s), then the requirements will be cumulative or the more stringent will apply as
determined by Council.
WABUSH
37
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GENERAL DEVELOPMENT STANDARDS
September 2018
4.32 DESIGN GUIDELINES
1. Council shall consider the following design guidelines prior to approval of a development
application:
a. streetscapes:
i.
Design the sidewalks in the Commercial Core to be part of the open space
networks and reinforce the Commercial Core as an important pedestrian focus
ii.
Include wider curb-side lanes. This allows for bikes in the summer and snow storage
in the winter
iii.
Account for the room necessary for snow clearance and piling on all streets,
sidewalks, and public spaces
iv.
Encourage streetside urban forests, particularly in the Commercial Core. Set the
trees back for snow storage
v.
Include pedestrian scale lighting and wayfinding signage
vi.
Include pedestrian amenities like benches, trash cans, and picnic tables
vii.
Connect sidewalks to buildings in a meaningful way
viii.
Use bump-outs to reduce the road crossing distance and create safer streets for
pedestrians
b. building site relationship:
i.
Buildings should be 'street related', that is, they should be pulled up to the sidewalk
whenever possible
ii.
Parking should not be located between the building and the sidewalk
iii.
Building entrances should face onto the street and park spaces if present
iv.
Setbacks should be utilized to achieve human scale design
v.
Infill developments should be prioritized as well as revitalizing existing developments
vi.
Buildings should be oriented and designed to minimize microclimatic impacts like
wind tunnels, shading, and poor exposure
vii.
South facing setbacks can create comfortable pocket parks where seating can
often be provided
viii.
Require buildings to have stepbacks to reduce wind sheer near entrances
ix.
Locate parking beside the building or in the rear of the building
x.
Large existing parking lots should be broken up with retail pads wherever possible
c. building facades:
i.
Include awnings and façade projections to reduce ground level wind
ii.
Architectural lighting should wash the entire first storey storefront at night
iii.
Lighted buildings, infrastructure or sculptures become focal points
iv.
Do not employ materials that mimic real materials (e.g., stonetile, stick on brick,
vinyl siding)
v.
Employ the traditional strong colour schemes common in Wabush at its founding
vi.
Employ winter city architecture styles like in Norway and Sweden or build on the
new vernacular trends in other areas of Newfoundland to create a distinct style
vii.
Employ new sustainable design standards to reduce energy use
viii.
Use architectural lighting to light the buildings at night
WABUSH
38
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SUBDIVISION OF LAND
September 2018
5.0 SUBDIVISION OF LAND
5.1 APPLICATION OF SECTION 5
1. This Part of the Regulations applies where the subdividing of land is proposed to include, or is
required by Council to include, one of the following:
a. new street construction, street upgrading, or street extension;
b. extension and upgrading of the municipal water and sewer system;
c. infilling of two or more lots on an existing public street; and
d. Subdivision, or assembly, of all lands within the Town's Municipal Boundary must have
Council's approval.
5.2 PERMIT REQUIRED
1. No land in the Planning Area shall be subdivided unless a permit for the development of the
subdivision is first obtained from Council.
5.3 SERVICES TO BE PROVIDED
1. No permit shall be issued for the development of a subdivision unless provisions satisfactory to
Council have been made in the application for a supply of drinking water, a properly designed
sewage disposal system, and a properly designed storm drainage system.
5.4 PAYMENT OF SERVICE LEVIES AND OTHER CHARGES
1. No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by Council for connection to services, utilities and
streets deemed necessary for the proper development of the subdivision, and all service levies
and other charges imposed under Regulations 3.8 and 3.9.
5.5 ISSUE OF PERMIT SUBJECT TO CONSIDERATIONS
1. A permit shall not be issued when, in the opinion of Council, the development of a subdivision
does not contribute to the orderly growth of the municipality and does not demonstrate sound
design principles. In considering an application, Council shall, without limiting the generality of
the foregoing, consider:
a. the location of the land;
b. the availability of and the demand created for schools, services, and utilities;
c. the provisions of the Plan and Regulations affecting the site;
d. the land use, physical form and character of adjacent developments;
e. the transportation network and traffic densities affecting the site;
f.
the relationship of the project to existing or potential sources of nuisance;
410ttt
WABUSH
39
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SUBDIVISION OF LAND
September 2018
g. soil and subsoil characteristics;
h. the topography of the site and its drainage;
i.
natural features such as lakes, streams, topsoil, trees and shrubs;
j.
prevailing winds;
k. visual quality;
I.
community facilities;
m energy conservation;
n. winter city design considerations as outline in the Design Standards; and
o. such other matters as may affect the proposed development.
5.6 PERMIT TO DEVELOP REQUIRED FOR EACH LOT
1. Notwithstanding the approval of a subdivision by Council, 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.
5.7 FORM OF APPLICATION
1. Application for a permit to develop a subdivision shall be made to Council in accordance
with Regulation 3.12.
5.8 SUBDIVISION SUBJECT TO ZONING
1. The subdivision of land shall be permitted only in conformity with the Use Zones delineated on
the Zoning Maps.
5.9
BUILDING LINES
1. Council may establish building lines for any subdivision street and require any new building to
be located on such building lines.
5.10 LAND FOR PUBLIC OPEN SPACE
1. Before a development commences, the developer shall, if required, dedicate to Council, at
no cost to Council, an area of land equivalent to not more than 10% of the gross area of the
subdivision or 25 square metres for every dwelling unit permitted in the subdivision, whichever
is the greater, for public open space, provided that:
a. where land is subdivided for any purpose other than residential use, Council shall
determine the percentage of land to be dedicated;
b. if, in the opinion of Council, no public open space is required, the land may be used for
such other public use as Council may determine;
WABUSH
40
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SUBDIVISION OF LAND
September 2018
c. the location and suitability of any land dedicated under the provisions of this Regulation
shall be subject to the approval of Council but in any case, Council shall not accept land
that, in its opinion is incapable of development for any purpose;
d. Council may accept from the developer in lieu of such area or areas of land the payment
of a sum of money equal to the value of the land that would otherwise be required to be
dedicated;
e.
money received by Council in accordance with Regulation 5.10(1)(d) above, shall be
reserved by Council for the purpose of the acquisition or development of land for public
open space or other public purpose.
2. Land dedicated for public use in accordance with this Regulation shall be conveyed to
Council and may be sold or leased by Council for the purposes of any development that
conforms with the requirements of these Regulations, and the proceeds of any sale or other
disposition of land shall be applied against the cost of acquisition or development of any other
land for the purposes of public open space or other public purposes.
3. Council may require a strip of land to be reserved and remain undeveloped along the banks
of any river, brook or pond, and this land may, at the discretion of Council, constitute the
requirement of land for public use under Regulation 5.10(1).
1 5.11 STRUCTURE IN STREET RESERVATION
1. The placing within any street reservation of any structure (for example, a hydro pole, telegraph
or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall receive the prior approval
of Council, which shall be satisfied on the question of safe construction and relationship to the
adjoining buildings and other structures within the street reservation.
5.12 SUBDIVISION DESIGN STANDARDS
1. No permit shall be issued for the development of a subdivision under these Regulations unless
the design of the subdivision conforms to the following standards:
a. the finished grade of streets shall not exceed 10%;
b. every cul de sac shall be provided with a turning circle of a diameter of not less than
30 metres;
c. the maximum length of any cul de sac shall be:
i.
200 metres in areas served by or planned to be served by municipal piped water
and sewer services, as shown in the map and letter of agreement signed by the
Municipality and the Minister of Municipal and Provincial Affairs in connection with
municipal five-year capital works program eligibility.
ii.
300 metres 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 3 metres 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;
4+
111
WABUSH
41
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SUBDIVISION OF LAND
September 2018
g. all street intersections shall be constructed within 5 degrees of a right angle and this
alignment shall be maintained for 30 metres from the intersection;
h. the centre line of a street intersection shall not be closer than 60 metres to the centerline
of another street intersection;
i.
no more than four streets shall join at any street intersection;
i. no residential street block shall be longer than 490 metres between street intersections;
j. streets in residential subdivisions shall be designed in accordance with the approved
standards of Council, but in the absence of such standards, shall conform to the following
minimum standards:
Type of Street
Street
Reservation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Arterial Streets
30 m
15 m
1.5 m
discretion of
Council
Collector Streets
20 m
15 m
1.5 m
2
Local Residential Streets:
where more than 50% of the units
ore single or double dwellings
15 m
9 m
1.5 m
1
where 50% or more of the units are
row houses or apartments
20 m
9 m
1.5 m
2
Service Streets
15 m
9 m
1.5 m
discretion of
Council
k. no lot intended for residential purposes shall have a depth exceeding four times the
frontage;
I.
residential lots shall not be permitted that abut a local street at both front and rear lot lines;
m. Council may require any existing natural, historical or architectural feature or part thereof
to be retained when a subdivision is developed; and
n. land shall not be subdivided in such a manner as to inhibit the development and
subdivision of adjoining land.
5.13 ENGINEER TO DESIGN WORKS AND CERTIFY CONSTRUCTION
LAYOUT
1
Plans and specifications for all water mains, hydrants, sanitary sewers, storm sewers and all
appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other
utilities deemed necessary by Council to service the area proposed to be developed or
subdivided shall be designed and prepared by or approved by the Engineer. Such designs
and specifications shall, on approval by Council, be incorporated in the plan of subdivision.
2. Upon approval by Council of the proposed subdivision, the Engineer shall certify all work of
construction layout preliminary to the construction of the works and thereupon the developer
shall proceed to the construction and installation, at his own cost and in accordance with the
approved designs and specifications and the construction layout certified by the Engineer, of
all such water mains, hydrants, sanitary sewers and all appurtenances and of all such streets
and other works deemed necessary by Council to service the said area.
04K
WABUSH
42
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SUBDIVISION OF LAND
September 2018
5.14 DEVELOPER TO PAY ENGINEER'S FEES AND CHARGES
1. The developer shall pay to Council all the Engineer's fees and charges for the preparation of
designs and specifications and for the layout and supervision of construction; such fees and
charges being percentages of the total cost of materials and labour for the construction and
installation of all works calculated in accordance with the Schedule of Fees recommended
by the Association of Professional Engineers of Newfoundland and in effect at the time the
work is carried out.
5.15 STREET WORKS MAY BE DEFERRED
1. The construction and installation of all curbs and gutters, catch basins, sidewalks and paving
specified by Council as being necessary, may, at Council's discretion, be deferred until a later
stage of the work on the development of the subdivision but the developer shall deposit with
Council 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, Council shall call for tenders for the work of construction
and installation of the works, and the amount so deposited by the developer shall be applied
towards payment of the contract cost.
2. If the contract cost exceeds the deposit, the developer shall pay to Council the amount of
the excess. If the contract price is less than the deposit, Council shall refund the amount by
which the deposit exceeds the contract price. Any amount so deposited with Council by the
developer shall be placed in a separate savings account in a bank and all interest earned
thereon shall be credited to the developer.
5.16 TRANSFER OF STREETS AND UTILITIES TO COUNCIL
1. The developer shall, following the approval of the subdivision of land and on request of
Council, transfer to Council, at no cost to Council, and clear of all liens and encumbrances:
a. all lands in the area proposed to be developed or subdivided that are approved and
designated by Council for public uses as streets, or other rights-of-way, or for other public
use; and
b. all services or public works including streets, water supply and distribution and sanitary and
storm drainage systems installed in the subdivision that are normally owned and operated
by Council.
2. Street lights shall be constructed of metal, use LED lights and wires be located underground.
3. Before Council shall accept the transfer of lands, services or public works of any subdivision,
the Engineer shall, at the cost to the developer, test the streets, services and public works
installed in the subdivision and certify his satisfaction with their installation.
4. Council shall not provide maintenance for any street, service or public work in any subdivision
until such time as such street, service or public work has been transferred to and accepted by
Council.
41/100N
WABUSH
43
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SUBDIVISION OF LAND
September 2018
5.17 RESTRICTION ON SALE OF LOTS
1. The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until Council is satisfied that:
a. the lot can be served with satisfactory water supply and sewage disposal systems; and
b. satisfactory access to a street is provided for the lots.
5.18 GROUPING OF BUILDINGS AND LANDSCAPING
1. Each plan of subdivision shall make provision for the grouping of building types and for
landscaping in order to enhance the visual aspects of the completed development and to
make the most use of existing topography and vegetation.
2. Building groupings, once approved by Council, shall not be changed without written
application to and subsequent approval of Council.
WABUSH
44
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SIGNS AND ADVERTISEMENT REGULATIONS
September 2018
6.0 SIGNS AND ADVERTISEMENT REGULATIONS
6.1 APPLICATION OF THESE REGULATIONS
1. Pursuant to Section 8 of these Regulations, this section shall apply to signs and advertisements
where permitted in the Use Zone.
6.2 DEFINITIONS
For the purpose of this section, the following definitions shall apply:
ABOVE THE SURFACE OF THE GROUND means measured vertically from the horizontal projection of
the highest point of the ground immediately below a sign as determined by Council to the highest
point of the sign or the pole as determined by Council.
BANNER SIGN means a sign produced on cloth, paper, fabric or other combustible material of
any kind, either with or without frames.
BENCH SIGN means a sign painted, located on or attached to any part of the surface of a bench,
seat, or chair placed adjacent to a public place or street.
BILLBOARD means a sign and its structure and component parts intended to advertise or call
attention to any matter, object, event or person, where the sign face is usually leasable and where
the subject matter is not related to a use at or around the parcel of land on which the billboard is
located.
BUILDING FACE means the total area of a building between the finished surface of the ground
and the eaves of any architectural elevation.
BUS SHELTER ADVERTISEMENT means an advertisement that is painted, located on, attached, or
forms part of a bus shelter placed or erected adjacent to or on a public place or street.
CANOPY SIGN means a sign that is a part of or attached to an awning, canopy or other fabric,
plastic, or structural protective cover over a door, entrance, window or outdoor service area.
CONSTRUCTION SIGN means a temporary sign erected on the premises or land on which
development or construction is taking place, during the period of such construction, indicating
the names of the planners, architects, engineers, landscaped architects, contractors or similar
artisans and the owners, financial supporters, sponsors and similar individuals or firms having a role
or interest with respect to the structure or project.
CORNER LOT means a lot or parcel of land abutting upon two or more streets at their intersection
or upon two parts of the same street forming an interior angle of less than 135 degrees.
410100*
WABUSH
45
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SIGNS AND ADVERTISEMENT REGULATIONS
September 2018
ELECTION SIGN means any sign used to promote a candidate or party during a school board or
municipal, provincial or federal election.
ELECTRICAL SIGN means a sign that utilizes an electrical source.
GROUND SIGN OR PYLON SIGN means a sign affixed to, supported by or placed upon the ground
whether the ground is paved or unpaved, and supported by one or more uprights, in or upon such
ground and not attached to any building.
ILLUMINATED SIGN means a sign lighted by or exposed to artificial lighting either by lights on or in
the sign or directed towards the sign.
INFLATABLE SIGNS means a sign or display that is capable of being expanded by air or other gas
and used as a temporary basis to advertise a product or event.
MARQUEE means any permanent roof like structure projecting beyond a building or extending
along and projecting beyond the wall of a building, generally designed and constructed to
provide protection from the weather.
MARQUEE SIGN means a sign printed upon, or attached to a marquee.
MENU BOARD means a sign erected as part of a drive-through facility and used to display and
order products and services available in association with a drive through business.
OFF-SITE DIRECTIONAL SIGN means a sign that directs traffic to a specific property, business or
event and the sign is located on a property or building separate from the property, business or
event to which it relates. A billboard sign is not an off-site directional sign.
PRE-MENU BOARD means a sign erected as part of a drive-through facility and only used to display
products and services available in association with a drive through business.
PORTABLE SIGN means an illuminated or non-illuminated sign that is movable from one location to
another and is not attached to a fixed structure or does not have supports imbedded in the
ground.
PROJECTING SIGN means a sign other than a wall sign so constructed and so erected as to be
rigidly attached at one end to a building, metal pole or other structure and projecting out from
the surface of the building pole or other structure to which it is attached.
REAL ESTATE SIGN means a sign pertaining to the sale or lease of the premises or a portion of the
premises, on which the sign is located.
ROOF SIGN means a sign that is erected, constructed, and maintained above the roof of a
building, within the peripheral dimension of such building and fastened or attached to or
supported on such roof.
WABUSH
46
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SIGNS AND ADVERTISEMENT REGULATIONS
September 2018
SIDEWALK SIGN means a free-standing sign erected on but not permanently anchored in the
ground. Without limiting the generality of the foregoing, this definition includes signs referred to as
A-frame, T-frame, sandwich boards, and menu boards, but shall not include any other sign
defined in these regulations.
SIGN FACE means the area or display surface used for the advertisement or message.
SIGHT TRIANGLE means a triangular- shaped portion of land established at street intersections in
which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or
obstruct the sight distance of motorists entering or leaving the intersection. The triangular-shaped
portion of land is formed by the street lines and a line drawn from a point in one street line to a
point in the other street line, each such point being 7.5 metres measured along the street from the
point of intersection of the street lines where the posted speed limit is 50 kilometre/hour or less. For
speeds with posted speed limits greater than this, the sign triangle to be determined by the
Engineering Department.
WALL SIGN means a sign painted on or attached directly against the surface of or against or within
a recess in the wall or a column or other perpendicular portion of a building and approximately
parallel thereto and extends not more than 30 centimetres from the architectural feature on which
it is attached, and shall include a fascia sign.
6.3 PERMIT EXEMPTIONS
The following signs shall not require permits:
1. Temporary signs relating to Federal, Provincial or Municipal public works.
2. Notices required by law to be posted.
3. Regulatory, warning, directional, guide or informational signs erected by a Federal, Provincial
or Municipal Authority or a community group approved by Council.
4. Signs placed by a telephone, telegraph or electric power company to indicate danger.
5. A flag, emblem or insignia of any nation, country or province.
6. One construction sign not exceeding 9 square metres in total area related to the development
of a property provided such sign is located on the site on which the work is being carried out
and is removed at the conclusion of the development or at such time as determined by
Council.
7. Any other signage as outlined in Regulation 6.15.5 (Advisements Exempt from Control).
6.4 ELECTION SIGNS
Election signs shall be subject to the following conditions:
1. The erection of election signs shall be permitted on private property provided the property
owner has given consent for the erection of such a sign and that the sign does not cause an
obstruction to neighbouring properties.
4100ht
WABUSH
47
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SIGNS AND ADVERTISEMENT REGULATIONS
September 2018
2. The erection of election signs with the approval Council shall be permitted on vacant land
owned by Council provided the signs do not cause an obstruction to the traveling public or
the work of Council, and provided the signs are not located within the far limits of the
carriageway at any street intersection.
3. Elections signs shall only be affixed or attached to municipal property according to Council
policy governing same.
4. Candidates shall remove their election signs within 36 hours after the close of polls on Election
Day and shall ensure that the site is cleaned up.
5. If the Candidate fails to remove his or her election signs within 36 hours after the polls close on
Election Day, Council may remove them and dispose of them and the candidate shall be
responsible for the cost of the removal and disposal of such signs.
6.5 REAL ESTATE SIGNS
Real estate signs shall be subject to following conditions:
1. No real estate sign shall be affixed to any utility pole or municipal building, structure or sign or
be erected or placed on publicly owned land without the permission of the property owner.
2. There shall be a limit of one double-faced sign per property or for every 30 metres of lot
frontage.
3. A comer lot may carry two double-faced signs, one sign for each street.
4. Portable real estate open house signs shall also be permitted provided their placement does
not obstruct vehicular or pedestrian movement, and the duration of such placement is limited
to the time of the actual open house.
5. A real estate sign marking that the property is "sold" may appear for a limit of two weeks from
the date of the closing of the transaction.
6.6 BENCH AND BUS SHELTER SIGN AND ADVERTISEMENT
1. Bench signs and bus shelter advertisements shall be approved in accordance with the
requirements and conditions as determined by Council.
6.7
PROHIBITED SIGNS
1. Notwithstanding the provisions of this schedule, Council may refuse any sign or advertisement
that, in the opinion of Council, is considered hazardous to road traffic by reason of its siting,
colour, animation, illumination or structural condition or is considered detrimental to the
amenities of the surrounding area.
6.8 STATIONARY VEHICLE SIGNS
1. Unless otherwise determined by Council, a sign or advertisement shall not be attached, affixed
or displayed on a vehicle or trailer that is parked or located for the primary purpose of
displaying said sign or advertisement.
WABUSH
48
I
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SIGNS AND ADVERTISEMENT REGULATIONS
September 2018
6.9 SIGHT TRIANGLE
1 . Unless otherwise determined by Council, no sign or advertisement shall be permitted to be
located within the area identified by Council as the sight triangle at the intersection of streets.
6.10 ELECTRICAL OR ILLUMINATED SIGNS
1. Every electrical or illuminated sign shall be approved by a certified organization that is
accepted by the Province of Newfoundland and Labrador and the Standards Council of
Canada. A licensed electrician shall undertake the electrical hook up of the sign.
6.11 EASEMENTS
1. With the exception of portable signs, signs shall not be permitted to locate upon or project
within the limits of utility or municipal service easements. Any sign located in close proximity to
a utility or municipal service easement shall be located in accordance with the requirements
of the easement owner.
6.12 ADVERTISEMENTS PROHIBITED IN STREET RESERVATION
1 . No advertisement or sign shall be permitted to be erected or displayed within, on or over any
highway or street reservation.
6.13 ENGINEERING DESIGN REQUIREMENTS
1. Signs shall be designed, constructed and erected to withstand the ice load and wind load
requirements as determined by the Engineering Department.
2. The following types of signs will require signed and sealed by a Professional Engineer of the
Association of Professional Engineers and Geoscientists of Newfoundland and Labrador
(APEGN):
a. Billboard Signs
b. Ground Signs or Pylon Signs greater than 3 metres in height
1
c. Portable Signs
d. Roof Signs
6.14 OTHER REQUIRED INFORMATION
1. Every portable sign or advertisement shall display, in a manner acceptable to Council, the
name and phone number of the sign contractor, and a sign identification tag from the Town's
sign registry.
2. In the case of an electrical or illuminated sign, the electrical certification's approval sticker
shall be displayed on the sign.
WABUSH
1
49
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SIGNS AND ADVERTISEMENT REGULATIONS
September 2018
6.15 ADVERTISEMENTS
6.15.1 Permit Required
1. Subject to the provisions of Regulation 6.15.6, no advertisement shall be erected or displayed
in the Planning Area unless a permit for the advertisement is first obtained from Council. Permit
for erection or display of advertisement on Provincial Highways shall be obtain from the
Government Service Centre.
6.15.2 Form of Application
1. Application for a permit to erect or display an advertisement shall be made to Council in
accordance with Regulation 3.12.
6.15.3 Permit Valid for Limited Period
1. A permit granted under these Regulations for the erection or display of an advertisement shall
be for a limited period, not exceeding two years, but may be renewed at the discretion of
Council for similar periods.
6.15.4 Removal of Advertisements
1. Notwithstanding the provisions of these Regulations, Council may require the removal of any
advertisement that, in its opinion, is:
a. hazardous to road traffic by reason of its siting, colour, illumination, or structural condition;
b. detrimental to the amenities of the surrounding area; or
c. not maintained to the satisfaction of Council.
6.15.5 Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to Council:
1. on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 square
metres in area;
2. on an agricultural holding or farm, a notice board not exceeding 1 square metre in area and
relating to the operations being conducted on the land;
3. on land used for forestry purposes, signs or notices not exceeding 1 square metre in area and
relating to forestry operations or the location of logging operations conducted on the land;
4. on land used for mining or quarrying operations, a notice board not exceeding 1 square metre
in area relating to the operation conducted on the land;
5. on a dwelling or within the curtilage of a dwelling, one nameplate not exceeding 0.2 square
metres in area in connection with the practice of a professional person carried on in the
premises;
WABUSH
50
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SIGNS AND ADVERTISEMENT REGULATIONS
September 2018
6. on any site occupied by a church, school, library, art gallery, museum, institution or cemetery,
one notice board not exceeding 1 square metre in area;
7. on the principal facade of any commercial, industrial or public building, the name of the
building or the name of the occupants of the building, in letters not exceeding one-tenth of
the height of that facade or 3 metres, whichever is the lesser;
8. on any parking lot directional signs and one sign not exceeding 1 square metre in size,
identifying the parking lot.
6.15.6 Approval Subject to Conditions
1. A permit may only be issued for the erection or display of advertisements that comply with the
appropriate conditions and specifications set out in the Use Zone in Section 8 of these
Regulations.
6.15.7 Non-Conforming Uses
1. Notwithstanding the provisions of Regulation 6.15.1, a permit may be used for the erection or
display of advertisements on a building or within the courtyard 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 that could be permitted if the development was
in a Use Zone appropriate to its use, and subject to any other conditions deemed appropriate
by Council.
6.15.8 Banner Sign
1. A banner sign shall not be suspended across any street unless the authority grants its approval.
A banner sign attached to a face of a building, fence or other structure shall be considered
in a like manner to a wall sign.
6.15.9 Billboard Sign
A billboard sign shall be permitted provided:
1. The maximum sign face of a single billboard shall not exceed 21.5 square metres. Where
Council deems appropriate, a double or "super sign" may be permitted, but shall not exceed
43 square metres for a sign face.
2. Unless otherwise determined by Council, the maximum overall height of the sign from the
surface above the ground to the top of the sign shall be 8 metres.
3. The sign shall be set back a minimum distance of 15 metres from the intersection of streets.
4. The sign shall not be located closer than 5 metres to the front or flanking street lot line.
5. The sign shall not be located closer than 3 metres to a side lot line.
6. Not more than two signs are permitted on a lot provided that each sign may have two
leasable areas mounted back to back and the total maximum sign face of each sign shall not
exceed 21.5 square metres per sign face, with the exception of a "super sign", which shall not
51
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SIGNS AND ADVERTISEMENT REGULATIONS
September 2018
exceed 43 square metres per sign face and, if approved, would comprise the total number of
billboard signs permitted on a single lot.
7. A minimum separation distance of 100 metres shall be maintained between signs when on the
same side of the street and in the same line of sight or visual plane.
8. A single-faced sign shall be located not more than 2 metres from the wall of a building and
shall be parallel to the wall and shall not extend beyond the end of the wall and the height of
the roofline of the building to which it is attached.
9. A wall-mounted billboard shall not block natural light from a window of the building to which
the billboard is attached.
10. The sign shall not interfere or obstruct access to or from a lot or create a visual obstruction to
the traveling public.
11. The sign shall not conflict with adjoining architectural lines or forms or have the effect of
materially obscuring the effect of the landscapes.
12. The sign shall not be located within 60 metres to a residential zone and shall not be oriented
such that it faces an abutting residential zone or residential lot.
13. Lighting of the sign shall not be directed toward the street and shall not adversely affect
neighbouring areas.
14. The sign shall be anchored and secured in accordance with the requirements of the
Engineering Department.
15. The sign shall be constructed in accordance with engineered drawings approved by Council.
6.15.10
Canopy Sign
A canopy or awning sign shall be permitted on a wall of a building provided:
1. The canopy or awning sign does not abut a residential lot or zone.
2. The minimum vertical clearance beneath the sign to above the surface of the ground shall be
2.2 metres.
3. The sign may extend the full length of a building and the sign shall not extend beyond the end
of the wall to which it is attached with the exception of wrap-around signs.
4. The sign does not project more than 3 metres from the wall of the building or structure to which
it is attached.
5. The sign shall not extend over public land or streets except where approved by Council.
6. The sign shall not extend over a driving area or parking surface except where approved by
Council.
7. The sign shall be anchored or secured to the building in accordance with the requirements of
the Engineering Department.
WABUSH
52
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SIGNS AND ADVERTISEMENT REGULATIONS
September 2018
6.15.11
Ground Sign or Pylon Sign
Unless otherwise determined by Council, one ground or pylon sign shall be permitted per street
frontage of a lot, subject to the following conditions:
1. The sign shall have a maximum overall vertical height of 8 metres above the surface of the
ground.
2. The sign shall have a maximum overall horizontal length of 6 metres.
3. The maximum area for the sign face shall be 48 square metres exclusive of the sign's supports
and mounts.
4. The sign shall be setback a minimum distance of half the height of the sign from the property's
front lot line.
5. The sign shall be setback a minimum distance of 1 metre from the property's side lot lines.
6. The sign shall have a minimum separation distance of 2 metres to an adjoining dwelling,
apartment, school or church.
7. There shall not be any electrical component of the sign within 1 metre above the surface of
the ground.
8. A minimum separation distance of 15 metres shall be maintained between ground or pylon
signs located on abutting properties.
9. The ground or pylon sign shall not be permitted to be located along the lot line that abuts a
residential lot.
10. Where there is more than one ground or pylon sign permitted per lot, there shall not be more
than one ground or pylon sign for every 30 metres of lot frontage.
11. The sign shall be anchored and constructed in accordance with the engineering drawings
approved by Council.
6.15.12
Inflatable Sign
Temporary inflatable signs shall be permitted subject to the following conditions:
1. A limit of one rooftop or ground inflatable sign per lot or for every 30 metres of lot frontage.
2. The sign shall be setback from a lot line a minimum distance of 1.5 metres times the inflated
height of the sign.
3. The sign shall not interfere or obstruct access to or from a lot.
4. The sign may be illuminated internally or externally but shall not contain flashing or intermittent
lighting or lighting that creates glare when viewed by on-coming traffic or by abutting
residential uses.
5. The maximum height and size of the sign shall be determined at the discretion of the Town
Clerk but shall be in accordance with and relevant to standard model sizes and dimensions
available from balloon or inflatable advertisement manufacturers.
6. The sign shall be anchored or secured in accordance with the requirements of the Engineering
Department.
7. The time limit for the sign permit shall be specific to the duration of the event to which the
advertisement is related but shall not exceed 30 days. Upon expiration of the sign permit, the
41100,*
WABUSH
53
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SIGNS AND ADVERTISEMENT REGULATIONS
September 2018
permit may be renewed for another 30 day period provided Council is satisfied that the sign
is being maintained to Council's satisfaction and the sign conforms to the Regulations and the
conditions attached to the permit.
8. If, in the opinion of the Engineering Department, the sign is a hazard or unsafe to the public,
the advertisement shall be removed immediately on notice.
6.15.13
Marquee Sign
A marquee sign shall be permitted on the principle facade of a building subject to the following
conditions:
1. The minimum vertical clearance beneath the sign to above the surface of the ground shall be
3 metres.
2. The sign may extend the full length of a marquee but in no case, shall such sign project beyond
the ends of such a marquee.
3. A marquee sign shall not extend over public land or streets except where approved by
Council.
4. The sign shall be anchored or secured to the building in accordance with the requirements of
the Engineering Department.
6.15.14
Menu Boards
Menu Boards that are used to display and order products on a lot shall be permitted subject to
the following conditions:
1. There shall be one pre-menu board and one menu board per drive-through on a lot.
2. The maximum area for the sign face of a pre-menu board shall be 2 square metres.
3. The pre-menu board sign shall have a maximum height of 3 metres above the surface of the
ground.
4. The maximum area for the sign face of a menu board shall be 4.1 square metres for a single
face.
5. The menu board sign shall have a maximum height of 3 metres above the surface of the
ground.
6.15.15
On- Site Traffic Directional Sign
On-site traffic directional signs that direct motor vehicle or pedestrian traffic on a lot shall be
permitted subject to the following conditions:
1. There shall be no limit to the number of on-site traffic directional signs on a lot.
2. An on-site traffic directional sign shall be confined to directing motor vehicle or pedestrian
traffic and includes such signs as an entrance sign, an exit sign or a motor vehicle parking
direction sign.
3. The maximum area for the sign face shall be 0.75 square metres for a single face.
WABUSH
54
I
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SIGNS AND ADVERTISEMENT REGULATIONS
September 2018
4. The sign shall have a maximum height of 1.2 metres above the surface of the ground.
6.15.16
Off-Site Directional Sign
1. Off-site directional signs, that direct traffic to a commercial or industrial development or use,
shall not be permitted. Off-site directional signs related to a charitable, non-profit or
municipally sponsored event, that direct traffic to a community facility may be permitted as
determined by Council provided only one sign is erected per street frontage, the sign is
erected for the duration of the event, and the location, size, and construction of the sign
conforms to the requirements of Council.
6.15.17
Portable Sign
A portable sign shall be permitted provided:
1. The sign shall have a maximum of two sign faces.
2. The maximum sign face area shall be 9 square metres each sign face.
3. The maximum overall height of the sign from ground level to the top of the sign shall be
3 metres.
4. The sign shall be set back a minimum distance of 1.5 metres from a lot line. Where the sign is
on a comer lot, the sign shall not be located within the sight triangle.
5. Not more than one sign is permitted at any one time on any property having a frontage of less
than 20 metres. On lots with frontages greater than 20 metres, a minimum separation distance
of 15 metres in shall be maintained between each portable sign.
6. The sign shall not interfere or obstruct access to or from a lot.
7. The sign shall not be placed on a portion of a lot that abuts a residential zone or existing
residential lot.
8. If the sign is illuminated, the sign shall be of a designed approved by the Canadian Standards
Association (CSA) and bear the CSA approval decal on the sign.
9. The sign shall be constructed in accordance with engineered drawings approved by Council.
10. The portable sign permit shall be valid for a period of 90 days from the date of issue by Council.
Upon expiration of the sign permit, the sign is to be removed or a new sign application
submitted to Council and such permits may be renewed for further periods of 90 days on
application and approval.
6.15.18
Sidewalk Sign
A sidewalk sign shall be permitted subject to the following conditions:
1 . The sign shall only be displayed or erected on the public street abutting the business and only
in cases where it is not possible because of the size of the lot, to locate a ground or portable
sign entirely on the lot on the same lot as the business for which the sign applies.
2. The sign shall have a maximum height of 1 metre.
3. The sign shall have a maximum of two sign faces.
I
4100K
WABUSH
55
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SIGNS AND ADVERTISEMENT REGULATIONS
September 2018
4. The sign shall have a maximum sign face of 0.55 square metres for each sign face.
5. The sign shall be displayed only between sunrise and sunset of every business day and shall be
taken indoors at all other times.
6. The sign shall not be located within 3 metres of a driveway access.
7. The sign shall be located as close to the building face as possible and maintain a minimum
unobstructed sidewalk width of 1.5 metres.
8. The sign shall be secured in accordance with the requirements of the Engineering
Department.
6.15.19
Projecting Sign
A projecting sign shall be permitted on any principal facade of a building subject to the following
conditions:
1. The minimum vertical clearance beneath the sign above the surface of the ground shall be 3
metres
2. The maximum overall projection of the sign from the building shall be 3 metres.
3. The sign is a rigid sign and its design and construction does not permit it to swing in the wind.
4. A projecting sign shall not extend over public land or streets except where approved by
Council.
5. A projecting sign shall not extend over a driving area or parking surface except where
approved by Council.
6.15.20
Roof Sign
One roof sign per building shall be permitted subject to the following conditions:
1. The sign shall not exceed the maximum permitted height of a building as specified in the use
zone in which the building is located.
2. The height of a roof sign shall respect the scale of the building and neighborhood where it is
located. The maximum height of a roof sign located on a flat roof building shall be 2 metres,
whereas the maximum height of a roof sign located on a pitch roof shall be half the height of
the roof pitch.
3. The sign shall not project beyond the exterior wall or walls of the building to which it is attached.
4. The electrical wiring of a roof sign shall be in accordance with the requirements of the
Engineering Department.
5. The sign shall be anchored or secured to the building in accordance with the requirements of
the Engineering Department.
6. The sign shall be constructed in accordance with engineered drawings approved by Council.
WABUSH
56
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SIGNS AND ADVERTISEMENT REGULATIONS
September 2018
6.15.21
Wall Sign
A wall sign shall be permitted subject to the following conditions:
1. A wall sign may be placed on a wall or building abutting any street or public highway provided
the wall sign does not immediately face a residential lot or zone.
2. Unless otherwise determined by Council, the total area of all wall signs on any one
architectural elevation of a building shall not exceed 20% of the building face.
3. The length of the sign shall not be longer than the horizontal measurement of the wall or
building facade to which it is attached and the sign shall not extend beyond the end of the
wall to which it is attached with the exception of wrap around signs.
4. A wall sign shall not project more than 30 centimetres from the wall of the building.
5. Where permitted by Council, a wall sign projecting over public property shall be erected with
a vertical clearance not less than 3 metres in above the surface of the ground.
6. The wall sign shall be of an architectural scale and styling that is, in the opinion of Council, is in
keeping with architectural scale and styling of the building to which it is attached.
7. No wall sign shall be permitted to cover any part of a required exit in a building or obstruct
free access thereto or egress therefrom.
8. The sign shall be anchored or secured to the building in accordance with the requirements of
the Engineering Department.
6.16 MULTI-TENANT BUILDING
1. Notwithstanding the above requirements, signs for buildings housing two or more uses or
occupancy shall be limited to one wall sign per use or occupancy and one pylon or ground
sign per street frontage for the whole building. Such pylon or ground sign shall display the
advertisement for all uses or occupancies housed in the building.
6.17 SIGNS ALONG THE TRANS LABRADOR HIGHWAY (ROUTE 500)
The Government of Newfoundland and Labrador Highway Sign Regulations apply within
100 metres of all highways constructed and maintained by the Department Transportation and
Works. The erection or placement of any sign within 100 inches of the road right-of-way of the
Trans Labrador Highway (Route 500) is under the jurisdiction of the provincial Department of
Transportation and Works and all signage must meet the conditions of the provincial government
and Council:
1. The sign shall be approved in accordance with the provincial Highway Sign Regulations, and
a highway sign permit must be obtained from the Government Service Centre.
2. The sign shall meet the conditions of Council for the particular type of sign as outlined in the
use zone in which the sign is located.
I
41,
0frti
WABUSH
57
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SIGNS AND ADVERTISEMENT REGULATIONS
September 2018
6.18 CESSATION OF USE
1. Upon the cessation of a use, event or a business, any sign or advertisement associated with
that ceased use, event or business shall be removed within thirty days of the cessation of the
use, event, or business.
6.19 APPLICATION TO EXISTING SIGNS AND ADVERTISEMENTS
1. Every existing sign and advertisement approved by Council shall be brought into conformity
with these Regulations in the event of their structural alteration, relocation, or replacement.
Maintenance and repair of the sign or advertisement shall not be deemed in itself to constitute
an alteration. In the case of portable or inflatable signs conformity to these Regulations shall
be immediate.
WABUSH
58
1
TOWN OF WABUSH DEVELOPMENT REGULATIONS
OFF-STREET PARKING REQUIREMENTS
September 2018
7.0 OFF-STREET PARKING REQUIREMENTS
7.1
OFF-STREET PARKING REQUIREMENTS
1. The off-street parking requirements for uses in the various use classes set out in Schedule A 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 off-street provision for drop-off and pick-up of persons shall be provided in
developments where required, such as uses within the educations, passenger assembly, child
care, medical treatment and special care, commercial residential and take-out food service
use classes
7.2 GENERAL PARKING REQUIREMENTS
GROUP DIVISION
CLASS
,
MINIMUM OFF-STREET PARKING REQUIREMENT
,
1
(a)
Theatre
One space for every 5 seats
2
(a)
Cultural and Civic
One space for every 50 square metres of gross floor
areas
(b)
General Assembly
One space for every 10 square metres of gross floor
area
(c)
Educational
Schools - 2 spaces for every class room
Further education - 1 space for every 5 persons using
the facilities (students, faculty and staff)
(d)
Place of Worship
One space for every 5 seats
(e)
Passenger Assembly
As specified by the Authority
(f)
Club and Lodge
One space for every 3 persons that may be
accommodated at one time
(g)
Catering
One space for every 3 customers that may be
accommodated at one time
(h)
Funeral Home
One space for every 10 square metres of gross floor
area
(i)
Child Care
One space for every 20 square metres of gross floor
area
(1)
Amusement
One space for every 10 square metres of gross floor
area
3
(a)
Indoor Assembly
One space for every 10 spectators that may be
accommodated at one time.
4
(a) Outdoor Assembly
As specified by the Authority
WABUSH
59
1
TOWN OF WABUSH DEVELOPMENT REGULATIONS
OFF-STREET PARKING REQUIREMENTS
September 2018
GROUP DIVISION
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
E
(a) Penal and Correctional
Detention
As specified by the Authority
C
2
(a) Medical Treatment and
Special Care
One space for every 2 patients
1
(a) Single Dwelling
Two spaces for every dwelling unit
(b) Double Dwelling
Two spaces for every dwelling unit
(c) Row Dwelling
Two spaces for every dwelling unit
(d) Apartment Building
Three spaces for every 2-dwelling units
2
(a) Collective Residential
As specified by the Authority
(b) Commercial Residential
One space for every guest room
(c) Seasonal Residential
One space for every residential unit
(d) Mobile Home
Two spaces for every dwelling unit
D
1
(a) Office
One space for every 20 square metres of gross floor
area
(b) Medical and Professional
One space for every 20 square metres of gross floor
area
(c) Personal Service
One space for every 20 square metres of gross floor
area
(d) General Service
One space for every 20 square metres of gross floor
area
(e) Communications
As specified by the Authority
(f) Police Station
As specified by the Authority
(g) Taxi Stand
As specified by the Authority
(h) Take-out Food Service
One space for every 20 square metres of gross floor
area
(i) Veterinary
One space for every 20 square metres of gross floor
area
E
1
(a) Shopping Centre
One space for every 15 square metres of gross floor
area
(b) Shop
One space for every 20 square metres of gross floor
area
(c) Indoor Market
As specified by the Authority.
(d) Outdoor Market
As specified by the Authority
(e) Convenience Stores
One space for every 20 square metres of gross floor
area
F
1
(a) Hazardous Industry
One space for every employee
2
(a) General Industry
One space for every employee
(b) Service Station
One space for every 20 square metres of gross floor
area
3
(a) Light Industry
One space for every employee
WABUSH
60
1
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.0 USE ZONES
8.1
USE ZONES
1. For the purpose of these Regulations, the Planning Area is divided into Use Zones shown on the
Zoning Map attached to and forming part of these Regulations.
2. Where standards, requirements and conditions applicable in a Use Zone are not set out in the
Use Zones, Council may in its discretion, determine the standards, requirements and conditions
that shall apply.
Zone
Abbreviation
Residential Medium Density
RMD
Residential Small Lot
RSL
Cabin Development
CD
Commercial - Core
CC
Commercial - General
CG
Industrial - General
IG
Industrial - Light
IL
Industrial - Airport
IA
Public Use
PU
Open Space
OS
Conservation
CON
Rural
RUR
Mineral Workings
MW
Watershed - Municipal
WM
8.2 USE CLASSES
1. The specific uses to be included in each Use Class set out in the Use Zones shall be determined
by Council in accordance with the classification and examples set out in Schedule A.
8.3 PERMITTED USES
1. Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in the
appropriate Use Zones shall be permitted by Council in that Use Zone.
1
1
WABUSH
61
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.4 DISCRETIONARY USES
1. Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in
the appropriate Use Zones may be permitted in that Use Zone if Council is satisfied that the
development would not be contrary to the general intent and purpose of these Regulations,
the Municipal Plan, or any further scheme or plan or regulation pursuant thereto, and to the
public interest, and if Council has given notice of the application in accordance with
Regulation 3.29 and has considered any objections or representations that may have been
received on the matter.
8.5 USES NOT PERMITTED
1. Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set out in the
appropriate Use Zones, shall not be permitted in that Use Zone.
8.6 STANDARD CONDITIONS FOR ALL ZONES
1. The following conditions shall apply to all use zones listed under these Development
Regulations.
8.6.1 Referrals- General Approvals by Provincial and Federal Government
Agencies and Departments
1 Prior to the issuance of a development permit for the foregoing developments, approvals must
be obtained from the various agencies noted below:
8.6.1.1 Advertisements and other Developments fronting onto Provincial Highways
The province has designated "control lines" alongside each provincially maintained route,
extending to 400 metres from the highway centre lines. The control area is reduced to 100 metres
within municipal boundaries, unless otherwise noted. Off-site Promotional Signs falling within the
designated control lines must be referred to the Government Service Centre. The Department of
Transportation and Works should be notified of any other proposed developments within a
highway control area, and must approve any new access off a provincial highway.
8.6.1.2 Agriculture and Farming
Approvals must be granted from the Department of Fisheries and Land Resources for any
commercial farming operation. The Department of Government Services must approve manure
systems.
WABUSH
62
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.6.1.3 Crown Lands
Approvals must be obtained from the Lands Branch, Department of Fisheries and Land Resources.
Referrals are made to the Government Service Centre, Goose Bay Office.
8.6.1.4 Forestry
Permits for commercial woodcutting or other forestry related activities can be obtained from the
Department of Fisheries and Land Resources, Forest Service Branch, Goose Bay or the Wabush
Town Office.
8.6.1.5 Mineral Workings, Mining and Mineral Exploration
Approvals and permits must be obtained from the Department of Natural Resources, Mineral
Lands Division.
8.6.1.6 Archaeology Discovery
During site excavation works any artefacts or physical structures found of a historical nature shall
be reported to the Provincial Archaeology Office, Department from Department of Tourism,
Culture, Industry and Innovation.
8.6.1.7 Waterways
Any development within a body of water involving alteration of a body of water must be
approved or exempted by the following agencies:
Provincial
-
Department of Fisheries and Land Resources for Crown Lands referrals
-
Development of Environment and Conservation, Water Resources Management Division
-
Any development within fifteen (15) metres of a body of water or the defined high water mark
of a body of water must be approved by Crown Lands on crown owned lands
Federal
-
Department of Fisheries and Oceans
-
Coast Guard Canada - Navigable Waters Act.
-
Fish Habitat Division
-
Department of Municipal Affairs and Environment Any proposed development within 1.6 km
of a landfill site shall be referred to the Department of Municipal Affairs and Environment for
review
-
Any proposed development within a Protected Watershed shall be referred to the Water
Resources Management Division, Department of Municipal Affairs and Environment for review
401011/
WABUSH
63
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.6.1.8 Department of Tourism, Culture, Industry and Innovation
Any proposed development of a hotel, motel, bed and breakfast, etc. (excluding hostel) shall be
referred to the Department of Tourism, Culture, Industry and Innovation.
8.6.2 Development Over Easements
1. No development shall be permitted over any known easement, whether that easement has
been assigned to the Town of Wabush, a department of the provincial or federal government,
or any utility company (i.e., Newfoundland Power, telephone, cable television, Crown Land)
without prior written approval from the easement holder.
8.6.3 Obstruction of Yards
1. No person shall obstruct, by the erection of a building or accessory building, any yard
requirements to be provided by these Regulations. This restriction shall not apply to:
a. steps or platforms not projecting more than 2 metres into any required front yard, building
line set back;
b. steps, excluding sunken or below grade entrance wells, not projecting more than 50% into
any side yard; and
c. chimney breasts, eaves, sills, or cornices not projecting more than 0.5 metres into any
required side yard, or more than 1 metres into any required front yard, building line set
back or rear yard.
8.6.4 Conservation of Natural Environment and Aesthetic Areas
1. Council may require agreements with developers and property owners aimed at preserving
sensitive environmental areas and natural scenic areas. These areas may include sensitive
vegetation, fish habitat, or water quality. Such agreements may include provisions such as
designating of local conservation areas, maintenance of tree cover and maintenance of tree
cover along rear yards, rivers, streams and shorelines.
8.6.5 Shoreline Buffers
1. Generally, no development will be permitted within 15 metres of rivers or streams, or shoreline
of lakes and ponds. Certain public works and passive recreational open space uses may be
permitted as long as they will not be detrimental to the environmental and aesthetic quality
of the area. Development of these areas will be subject to the approval of the federal
Department of Fisheries and Oceans, and/or the provincial Department of Municipal Affairs
and Environment.
WABUSH
64
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.6.6 Advertisements Relating to On-site Uses
1. The conditions, which shall apply to the erection or display of a sign on any lot or site, occupied
by a use permitted or existing as a legal non-conforming use in a use zone shall be as follows:
a. the size, shape, illumination and material construction of the sign shall meet the
requirements of Council, having regard to the safety and convenience of users of
adjacent streets and sidewalks and the general amenities of the surrounding area; and
b. no sign shall exceed five (5) square metres in area.
8.6.7 Advertisements Relating to Off-site Uses
1. The conditions to be applied to the erection or display of a sign on any site, relating to a use
permitted in a zone, or not relating to a specific land use, shall be as follows:
a. each sign shall not exceed three (3) square metres in area;
b. when the signage relates 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; and
c. the location, siting and illumination of each sign shall be to the satisfaction of Council,
having regard to the grade and alignment of streets, the location of street junctions, the
location of nearby buildings and the preservation of the amenities of the surrounding area.
8.6.8 Habitat Management Unit
1. The Wabush Zoning map shows seven (7) defined areas that are designated Habitat
Management Units (or Area). The Habitat Management Unit buffer shall be 15 metres from the
highwater mark around the shorelines of ponds, rivers or identified wetlands.
2. Any proposal for development shall be sent for a 15-day referral to Wildlife Division,
Department of Municipal Affairs and Environment for review and comments.
3. Passive recreation uses may be permitted provided no motorizes recreation vehicles are used.
During winter months, snowmobiles use shall be permitted.
4.
Any application for development on lands adjacent to Habitat Management Unit that may
have negative impact on the sensitive wetlands or waterfowl habitat may also be referred to
Wildlife Division for review and comments before the Council issues any permits for
development
8.6.9 Corner Lots
1. Properties situated on existing or proposed corner lots shall be deemed to have two street
frontages and shall be required to maintain the minimum building line setback on both the
1
primary and flanking streets as prescribed in the use zone table.
I
offOoto
WABUSH
65
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.6.10 Development on Multiple Lots
1. Development on multiple lots, including rear-yard property extensions, shall be prohibited in
all zones. Application may be accepted for the assembly of lots for which consideration may
be given, but not limited to, the size of the proposed development.
8.6.11 Site Plan
a. The development of land uses may be subject to a site development plan that has been
approved by Council.
b. The developer shall submit to Council an acceptable development plan, where
applicable, including the following:
i.
the number and location of parking spaces;
ii.
ingress and egress of the parking lot;
iii.
motor vehicle circulation pattern around the lot;
iv.
location of buildings on the lot; and
v.
area to be landscaped and screened and the type of landscaping to be used.
WABUSH
66
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.7 RESIDENTIAL MEDIUM DENSITY
8.7.1 Permitted Uses
1
1
-
Single Dwelling
-
Double Dwelling
8.7.2 Discretionary Uses
-
Row Dwelling
-
Subsidiary Apartment
-
Apartment Building
-
Garden Suite (granny flat)
-
Child Care
-
Bed and Breakfast
-
Boarding House Residential
-
Office
-
Personal Service
-
Medical and Professional
-
Convenience Store
8.7.3 Lot Standards
-
Recreation Open Space
-
Conservation
-
Place of Worship
-
Educational
-
Medical Treatment and Special Care
(personal home only)
-
General service (upholstery, small tool
and appliance repair only)
-
Antenna
-
Catering
-
Commercial Residential (temporary
workers housing only)
Standard
Where Permitted (with water and sewer;
Single
Dwelling
Double
Dwelling
Row
Dwelling
1 Bed
Apt.
2 Bed
Apt.
3 Bed
Apt.
4 Bed
Apt.
Lot area (m2)
minimum
450*'
360**
350*
(average)
200
250
280
300
Floor area (m2)
minimum
80
60*
65*
40*
50*
60*
70*
Frontage (m)
minimum
1 5
26
10*
(average)
36
Building Line
Setback (m)
(minimum)
5
5
7.5
8
Side yard Width (m)
Jminimum)
1
1
2
5
Rear yard Depth
(m) (minimum)
6
6
6
10
Lot Coverage (%)
(maximum)
36
36**
36**
33
Height (m)
(maximum)
8
8
10
10
Per dwelling unit
4-
With Town water and sewer
AMON
WABUSH
67
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.7.4 Conditions
8.7.4.1 Discretionary Uses - Site Standards
Where permitted, a place of worship and an educational use shall conform to the frontage,
building line setback, side yard, rear yard, lot coverage and height requirements specified for a
single dwelling. Such uses shall also have proper vehicular and pedestrian access and have off
street parking as required in Section 7 of these Regulations.
8.7.4.2 Accessory Buildings
All accessory buildings shall meet the following conditions:
a. All accessory buildings shall have a combined maximum lot coverage not exceeding 9%,
up to a maximum floor area of 82 square metres, whichever is less.
b. An accessory building shall not be permitted in front of a building line.
c. All accessory buildings shall be subject to the same minimum side yard requirements as
the lots on which they are situated. In the cases of Double or Row Dwelling developments
where there are no side yards, only side property lines in the rear yard between adjoining
dwellings, all accessory buildings shall be located a minimum of 1 metre from all side
property lines.
d. An accessory building shall be located a minimum of 1 metre from rear lot line.
e. An accessory building located in rear yard shall be located a minimum of 1.5 metres from
main residence on the lot.
f.
The maximum height of an accessory building shall be 3 to 6 metres.
g. An accessory building (private garages only) maybe permitted in the side yard at Council
discretion.
h. Within the rear yard of a Double or Row Dwelling development no accessory building
development shall be permitted that would block access to neighboring properties for the
purpose of fire protection, delivery of utilities and snow clearing operations.
i.
All accessory buildings are to be used strictly for ancillary purposes to the permitted uses
listed in this use zone. Home-based Business are permitted in accessory buildings.
Accessory buildings for residential properties shall not be used for nonresidential uses
without permission of Council.
j.
Aside from minor vehicle maintenance, no person shall use an accessory building for the
purpose of performing major repairs, painting, dismantling, or scrapping of vehicles or
machinery.
k. On Shea Street, where residents have access to rear of their properties for parking via a
public street, Council under its discretionary authority, may permitted the development of
accessory buildings on the opposite side of the street. The development of any accessory
building will be subject to conditions outlined in a permit issued by Council.
I. Where there is public road or right of way located between Double Dwellings or Row
Dwellings the minimum side yard width requirement shall be set at 3 metres. Where two
WABUSH
68
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
1
separate Double or Row Dwellings are located side by side with adjoining side yards the
minimum side yard width shall be 2 metres.
m. Only electric heat shall be permitted in an accessory building.
8.7.4.3 Subsidiary Apartments
Subsidiary apartments may be permitted in self-contained dwellings only, and for purposes of
calculating lot area and yard requirements, shall be considered part of the self-contained
dwelling. However, provision shall be made for at least two off street parking spaces with the
inclusion of a subsidiary apartment.
8.7.4.4 Bed and Breakfast
A dwelling to be used for the purpose of providing room and board for tourists or the travelling
public, may be permitted as a discretionary use provided:
a. the use does not detract from the residential character of the neighbourhood;
b. the use is carried out by a resident of the dwelling;
c. provision for off-street parking for each guest will be required and shall be in the side yards
and rear yards of subject properties;
d. the dwelling is hooked-up to municipal water and sewer systems;
e. the Hospitality Home shall be licensed under Provincial Tourist Establishment Regulations;
and
f.
require Service NL approval for life and safety inspection by Fire Chief.
8.7.4.5 Boarding House Residential
1. The dwelling in which the boarding house residential use is carried out is similar in exterior finish,
design, height and scale to a private residential building.
2. One parking space shall be provided on the lot for each guest room up to the maximum as
provided under the Town of Wabush Occupancy and Maintenance Regulations.
3. A parking area shall be screened by a fence, or hedge.
4. The maximum number of guest rooms shall be six which shall be in accordance with any
requirements as prescribed by the Government Service Centre.
5. The use is carried out by a resident of a single, double or row dwelling.
6. Occupancy is subject to annual approval in accordance with but not limited to:
a. proof of general liability insurance for the type of use;
b. endorsement requiring the insurer to notify the Town in the event there is a change in
coverage, cancellation or the policy lapses;
c. annual life safety inspections; and
d. Town of Wabush Occupancy and Maintenance Regulations.
7. A lapse in insurance coverage or failure to meet life safety requirements shall result in the
immediate termination of the occupancy permit.
8. A Hospitality Home may be permitted provided:
410tft°
WABUSH
69
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
a. The use is carried out by the owner of a single, double or row dwelling. In the event the
applicant is not the owner of the dwelling, the applicant must provide the Town with a
copy of the rental accommodation agreement with the owner. Residency of the operator
and licensing with a provincial authority is required; and
b. The establishment is licensed under the Provincial Authority.
8.7.4.6 Parks and Playground
Parks and playgrounds may be located on backlands but shall have at least one 5-metre-wide
vehicular access directly onto a public street. If parks and playgrounds are located in front of the
building line on a street frontage than a fence, hedge or barriers not higher than 1 metre shall be
constructed along the frontage lot line.
8.7.4.7 Proportion of Higher Density Dwellings
In each Residential Medium Density Zone, there shall be not more than 50% apartments, row
dwellings, or a combination of apartments and row dwellings, the remainder being single or
double dwellings.
8.7.4.8 Separation Distance Between Dwellings Without Public Street
Where dwellings other than apartments face each other without a street in between, they shall
be no closer than 18 metres. Where apartments face each other without a street in between, they
shall be no closer than 21 metres.
8.7.4.9 Backlot Development
Backlot development application will be assessed to ensure that the proposed lot:
a. be for single dwelling residential purposes;
b. not be an extension to an existing Town road;
c. be an efficient use of land; and
d. where required by the Department of Government Services or Department of Municipal
Affairs and Environment be integrated with the Town's water and sewer lines unless it is
financially or physically impractical to do so, in which case private onsite servicing must be
installed. The cost of connecting with the Town's services or provision of private services
shall be borne by the developer.
The driveway must:
a. be at least 3 metres in width with a driving width 2.5 metres (8.2 feet);
b. be no greater than 152 metres in length;
c. have a slope of no more than 6%;
d. consider stormwater management so that stormwater does not negatively affect
adjacent properties;
e. properly maintained to a standard maintained by the Town; and
f.
be approved by the Town.
otillowt
WABUSH
70
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.7.4.10 Garden Suite (Granny Flat)
Granny flat shall:
a. established in conjunction with another single unit dwelling (the Main Building);
b. the owner of the lot shall reside in either the one-unit Main Building or the granny flat;
c. be located on the same lot of land as the Main Building;
d. may be within, attached to, or separate from the Main Building;
e. not exceed maximum lot coverage not exceeding 9%, up to a maximum floor area of
82 square metres, whichever is less;
f.
not exceed a maximum of 6 metres in height;
g. be located a minimum of 1 metre from rear lot line for detached granny flat and a
minimum of 6 metres from rear lot line for attached granny flat;
h. a granny flat located in rear yard shall be located a minimum of 1.5 metres from main
residence on the lot;
i. be serviced with municipal sewer and water, but such servicing shall be from the same
laterals as the main building on the lot;
j.
have driveway access to the street shall be common to both the one-unit dwelling and
the granny flat;
k. not be separated by subdivision, condominium or any other means from the lot containing
the one-unit dwelling; and
I. not be a bed and breakfast, child care, home occupation, or supportive housing is
permitted in any building on the lot.
1
8.7.4.11 Medical Treatment and Special Care
The Medical Treatment and Special Care use class will be limited to a personal care home.
8.7.4.12 Advertisement
Notwithstanding regulations in Section 6.15, 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:
On Building
a. The sign on the building shall be inconspicuous and blend in with the residential property
and the general amenities of the surrounding area. The sign shall not rise above the roof
line or be situated on the roof of a building.
b. Sign on building shall be constructed of materials as required by Council.
c. Illumination of sign on building will be specified by Council.
d. Advertising for on-site business on building shall be no greater than 1 square metre.
41*
WABUSH
71
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
On Site
a. The size, shape, illumination and material construction of the advertisement shall meet the
requirements of Council, having regard to the safety and convenience of users of
adjacent streets and sidewalks, and the general amenities of the surrounding residential
area.
b. Free standing portable illuminated signs ("yellow" or "Light Up Portable Signs") will not be
allowed in the residential- medium density zone.
c. Not subject to (b) portable illuminated signs may be allowed for advertising special events
on a temporary basis at the discretion of Council.
d. Signs shall blend into the residential area and landscaping.
e. No advertisement shall exceed 1.5 square metres in area.
8.7.4.13 Office, Medical and Professional Service, Personal Service, as Home
Occupation
Office, Medical and Professional Service, Personal Service, and uses may be permitted as a
discretionary use within the Residential Medium Density Zone, provided they are carried out as
home occupations in the residential dwelling. Such businesses may be operated in the dwelling
by its occupants, in the form self-employed business office, doctor's consulting rooms, small
business services, personal services like hair salon, animal grooming, light industrial uses that are
only workshops, such as craft, or small appliance repair and similar uses, provided they meet the
following requirements:
a. The dwelling unit is occupied as a residence by the professional or business user;
b. Permit for a Home Occupation shall not be approved if that service or commodity is
available in the Business Section of the Town;
c. Home occupation or business may have outside clients; however, the development shall
meet all other conditions as listed in this development condition to be permitted to service
outside clients;
d. The use is clearly subsidiary to the residential use, and does not detract from the residential
character of the surrounding area;
e. No more than 25% of the total floor area, up to a maximum of 45 square metres, is devoted
to such a use;
f.
The home business use shall not alter the principle character or exterior appearance of the
dwelling unless changes are consistent with permitted home renovations;
g. No wholesale sales or storage of goods is carried out, and any retail sales shall be
incidental and subsidiary to the approved use;
h. Repairs to vehicles or heavy machinery shall not be permitted as a business use;
i. The home occupation and business shall be limited to an occupant of the residential
dwelling. Non-resident employees shall not be permitted;
j.
Any home business involving instructional activity shall be limited to a maximum of two
students at a time;
WABUSH
72
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
k. Activities associated with the use are not hazardous, and do not cause noticeable noise,
odour, dust, fumes, night lights, or other inconvenience or nuisance to the neighbouring
residents;
I. There shall be no open storage of materials, equipment, products, unsightly materials or
waste outdoors;
m. No change will be made in the type, class, intensity or extent of the business or service
without a permit;
n. The development must meet the minimum parking requirements as outlined in Schedule
D and any other restrictions on parking that Council may deem necessary to protect the
amenity of the residential area;
o. The use shall not result in increased traffic flow or vehicular congestion in the area; and
p. The development and operation of the home based business will be subject to conditions
outlined in a permit issued by Council.
8.7.4.14 Convenience Stores
Convenience stores may be permitted in the Residential Medium Density zone provided that the
convenience store is located within an apartment building having more than 50 units. The
placement of main door, parking, lights, garbage disposal and similar considerations shall
minimize impact of the convenience store on the residential character of the area.
8.7.4.15 Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have two street
frontages and shall be required to maintain the minimum building line setback on both the primary
and flanking streets as prescribed in this use zone.
8.7.4.16 Apartment Building Height
a. Apartment Buildings shall be at the discretion of Council and shall have a maximum height
of 10 metres.
b. Council shall have discretion to allow Apartment Buildings fronting on Grenfell Drive to
exceed the maximum height of 10 metres, to a maximum height of 14 metres.
I
I
41.100tti
WABUSH
73
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.8 RESIDENTIAL SMALL LOT
8.8.1 Permitted Uses
-
Mobile Home
-
Single Dwellings
-
Recreation Open Space
-
Conservation
8.8.2 Discretionary Use
-
Double Dwelling
. Personal Service
-
Child Care
- Medical and Professional
-
Bed and Breakfast
- Antenna
-
Office
. Catering
-
General Service (Upholstery, Small Tool
- Commercial Residential (Temporary
and Appliance Repair Only)
Workers Housing Only)
8.8.3 Lot Standards
Standards
Dwelling
Lot Area (sq. m) (Minimum)
360 m2
Floor Area (sq. m) (Minimum)
60 m2
Floor Area (sq. m) (Maximum)
Single unit 96 m2
Double Wide unit 200 m2
Lot Frontage(m) (Minimum)
12.2 m
Rear yard Depth (Minimum)
2.6 m
Side yard Width (Minimum)
1.5 m
Building Line Setback (Minimum)
4 m
Building Line Setback (Maximum)
8 m
Lot Coverage % (Maximum)
50
Height (Maximum)
6 m (Single unit)
8 m (Double wide unit)
Refer to Regulation 8.7.3 for Lot Standards for Double Dwelling.
8.8.4 Conditions
8.8.4.1 Clearance Beneath Mobile Home
All mobile homes shall be blocked up, with approved materials, so that there is a minimum
clearance of 0.6 metres from the underside of the steel beam frame to the ground. The maximum
clearance shall be 1.2 metres from the underside of the frame to the ground.
WABUSH
74
1
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.8.4.2 Skirting of the Mobile Home
When the mobile home is in the correct position and secured in place the open space beneath
it shall be skirted with a minimum 1.25 centimetre plywood or equivalent, secured to a minimum
5 centimetre x 5 centimetre framing on 60 centimetre centres.
8.8.4.3 Outdoor Living Area
A mobile home lot shall have a minimum of 40 square metres for outdoor living area. This area
shall be located at the rear and side (or combination of both) of the mobile home. The purpose
of the outdoor living area is to provide an area for privacy, recreation, and amenity.
8.8.4.4 Accessory Building
a. All accessory buildings shall have a combined maximum lot coverage not exceeding 18%,
up to a maximum floor area of 30 square metres, whichever is less.
b. An accessory building shall be 6 metres from the lot line abutting a street allowance; in the
case of a corner lot, one street line will apply, namely the street that is perpendicular to
the long side of the mobile home; the setback from the lot line abutting the street
allowance of the other street will be 3.6 metres.
c. All accessory buildings shall be subject to the same minimum side yard requirements as
the lots on which they are situated.
d. An accessory building shall be located a minimum of 1 metre from rear lot line.
e. An accessory building shall be located a minimum of 1.5 metres from Mobile Home. This
minimum separation will not apply to patios or decks.
f.
The maximum height of an accessory building shall be 4.5 to 6 metres.
g. An accessory building (private garages only) maybe permitted in the side yard at Council
discretion.
h. Only electric heat shall be permitted in an accessory building.
i.
All accessory buildings are to be used strictly for ancillary purposes to the permitted uses
listed in this use zone. Accessory buildings for residential properties shall not be used for
nonresidential uses without permission of Council.
j.
Aside from minor vehicle maintenance, no person shall use an accessory building for the
purpose of performing major repairs, painting, dismantling, or scrapping of vehicles or
machinery.
8.8.4.5 Office, Medical and Professional Service, Personal Service, as Home
Occupation
As described in Condition 8.7.4.13 in the Residential Medium Density Zone.
4010N
WABUSH
75
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.9 CABIN DEVELOPMENT
8.9.1 Permitted Uses
-
Single Dwelling
-
Recreation Open Space
-
Conservation
8.9.2 Discretionary Uses
-
Shop*
*a shop accessory to one of the foregoing permitted uses
8.9.3 Lot Standards
Standards
Lot El
... i
a_
..
Frontage (m)
30
Minimum Lot Area (sq. m)
3,000
Maximum Lot Area (sq. m)
4,000
45
Note: Crown lands surrounding a lake or pond or along a river or the seashore is to be reserved (15 m).
8.9.4 Conditions
8.9.4.1 Accessory Buildings
a. General
i.
All construction of attached or detached buildings that are accessory to the main
use of the primary dwelling are considered accessory buildings.
ii.
Accessory buildings are to be used strictly for ancillary purposes to the permitted
uses listed in this use zone. Accessory buildings for residential properties shall not be
used for non-residential uses without permission of Council.
iii.
Accessory buildings except for canvas sheds, shall be constructed in a similar
nature, in terms of architectural design and aesthetics to the main building.
iv.
Aside from minor vehicle maintenance, no person shall use an accessory building
for performing major repairs, painting, dismantling, or scrapping of vehicles or
machinery.
v.
ISO shipping or freight containers shall be prohibited for use as an accessory
building in the Cabin Development Zone.
WABUSH
76
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
b. Development Standards
Description
Lot Size <557 m2
Lot Size > 557 m2
Maximum Lot Coverage*
(primary + accessory buildings)
40%
40%
Maximum Cumulative Area *
(all accessory buildings)
floor area primary dwelling floor area primary dwelling
Maximum Area**
65 m2
83.6 m2
Domestic Green House Maximum one per lot
55.7 m2 (max)
55.7 m2 (max)
Height
6 m (max)
6 m (max)
Building Line Set back
see Use Zone
see Use Zone
Min Separation Distance between
buildings***
1.2 m
1.2 m
Min distance from Side Lot Line
(rear yard only)****
1 m
1 m
Min distance from Rear Lot Line****
1 m
1 m
* excluding structures without a roof
** excluding greenhouses
*** not applicable to patios and decks
**** an accessory building that is attached to the main building, the minimum side yard width and minimum rear yard
for the main building shall apply
4**
WABUSH
77
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.10 COMMERCIAL - CORE
8.10.1 Permitted Uses
-
Shop
- Medical and Professional
-
Convenience Store
- Personal Service
-
Shopping Centre
- General Service
-
Theatre
- Taxi Stand
-
Culture and Civic
- Communications
-
Passenger Assembly
- Veterinary
-
Office
-
Catering (Not Lounges)
8.10.2 Discretionary Uses
-
Funeral Home
-
Child Care
-
Apartment Building
-
Commercial Residential
-
Indoor Market
-
Outdoor Market
-
Amusement
8.10.3 Development Standards
-
Recreation Open Space
-
Light Industry
-
Clubs and Lodges
-
Antenna
-
Collective Residential (Temporary
Workers Accommodation)
Building Line Setback (min)**
4 m
Side Yard (min)
4 m
Rear Yard (min)
6 m
Height (max)*
15 m
* Refer to Regulation 4.5 Building Height.
-- Refer to Regulation 4.6 Building Line Setback.
8.10.4 Conditions
8.10.4.1 Parking and Access
As described in Regulations 4.16 and 4.17.
8.10.4.2 Landscaping
Council shall specify landscaping of the lot.
8.10.4.3 Apartment Buildings
a. Apartment buildings or apartments shall only be permitted above the main floor of a
commercial use or other permitted use within the zone.
WABUSH
78
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
b. Apartment building development standards shall conform to those as specified in the
Residential Medium Density Zone.
c. Each apartment shall meet the parking requirements as outline in Regulations 4.16 and
4.17.
d. Where apartment buildings face each other without a street in between, they shall be no
closer than 21 metres.
8.10.4.4 Outdoor Market
Vehicle sales/car lots shall not be permitted within this use zone.
8.10.4.5 Development Criteria
Any development in this zone will be subject to the following:
a. Development shall be designed and maintained to a high standard regarding safety and
appearance.
b. Winter City Design Elements:
i.
Incorporate design strategies to block wind, particularly prevailing winds and
downdrafts.
ii.
Maximize exposure to sunshine through orientation and design.
iii.
Use colour to enliven the winterscape.
iv.
Create visual interest with light, while being mindful of density, spread and colour.
c. Design and provide infrastructure that supports desired winter life and improves comfort in
cold weather
d. Access points to the street must be limited in number and designed for maximum safety of
pedestrians and vehicles.
e. Where necessary, screening shall be required through the provision of trees, shrubs, berms,
landscaping or fencing between uses that are deemed non-compatible by the Council.
8.10.4.6 Light Industry
Light Industry uses shall be limited to fully enclosed operations which do not create excessive
pollution of any kind and which do not detract from the commercial nature of the Commercial
Core District. Outdoor storage may be permitted at the discretion of Council.
8.10.4.7 Buffer
Council shall require a buffer between uses in this zone and residential zones. A buffer may take
the form of landscaped area, planted area and make use of fencing. Council may specify the
use of one or a combination of the foregoing. The purpose of a buffer shall be to provide
separation, privacy and protection to a residence or residential zone.
40ttO
WABUSH
79
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.10.4.8 Temporary Workers Residence
Temporary Worker's Residence shall be:
a. Limited to the duration of a specific project for a short duration and located in an area
buffered from other uses within the zone.
b. Temporary site infrastructure including water supply and sewage disposal shall be supplied
and at the cost of the developer
c. The site shall be reclaimed to its original condition and to the satisfaction of Council.
d. Uses shall be limited to mobile homes, and modular homes, portable units for workers'
quarters or other units as approved by Council.
e. The maximum height for any Temporary Worker's Residence shall be 10 metres.
offigott-
WABUSH
80
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.11 COMMERCIAL - GENERAL
8.11.1 Permitted Uses
-
Shopping Centre
- Taxi Stand
-
Police Station
- Passenger Assembly
-
Theatre
- Personal Services
-
Convenience Store
- Cultural and Civic
-
Office
- Medical and Professional
-
Communications
- Child Care
-
Veterinary Shop
- Indoor Market
-
General Service
8.11.2 Discretionary Uses
-
Outdoor Market
-
Service Station
-
Automotive Sales
-
Commercial Residential
-
Collective Residential
-
General Assembly
-
Indoor Assembly
-
Amusement
-
Catering
-
Education
-
Club and Lodge
-
Place of Worship
-
Take-Out Food Service
-
Funeral Home
-
Light Industry
-
Antenna
8.11.3 Development Standards Development Standards
Building Line Setback (min)**
4 m
Side Yard (min)
5 and 1 m
Rear Yard (min)
10 m
Height (max)*
10 m
* Refer to Regulation 4.5 Building Height.
** Refer to Regulation 4.6 Building Line Setback.
81
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.11.4 Conditions
8.11.4.1 Advertisements
Notwithstanding regulations in Section 6.15, the conditions that 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:
Onsite Uses
a. The size, shape, illumination and material construction of the advertisement shall meet the
requirements of Council, having regard to the safety and convenience of users of
adjacent streets and sidewalks, and the general amenities of the surrounding area.
b. No advertisement shall exceed 5 square metres in area.
Offsite Uses
a. Each advertisement shall not exceed 3 square metres in area.
b. When the advertisements relate to a specific land use, they shall be located within a
reasonable distance of, and only show thereon the name and nature of the distance or
direction to the premises to which they relate.
c. The location, siting and illumination of each advertisement shall be to the satisfaction of
Council, having regard to the grade and alignment of streets, the location of street
junctions, the location of nearby buildings and the preservation of the amenities of the
surrounding area.
8.11.4.2 Accessory Building
Accessory buildings shall have a lot coverage up to a maximum of 7% of the total lot area, a
height of no more than 8 metres, and requires Service NL approval.
8.11.4.3 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that their development will not inhibit or prejudice the existence or the development of
permitted use classes, and that activities associated with a discretionary use are not hazardous
and will not cause an unacceptable increase in vehicular traffic, level of noise, odours, dust or
fumes or inconvenience for adjoining residences of residential areas.
WABUSH
82
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.11.4.4 Light Industry
Light Industry is permitted as a discretionary use provided all the following conditions are met:
a. Uses will be compatible with surrounding uses and shall not detract from the amenity of
the surrounding area.
b. Uses must be enclosed within a building with no manufacturing or storage taking place
outside the building.
c. Uses must locate in a building existing at the time these Regulations come into effect.
Construction of new buildings will not be permitted.
8.11.4.5 Club and Lodge
Properties containing Community Service Clubs are zoned Commercial - General with the
intention that existing service clubs be retained but that no other use classes within the
Commercial - General zone be permitted.
I
I
I
41101tt
WABUSH
83
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.12 INDUSTRIAL - GENERAL
8.12.1 Permitted Uses
-
General Industry
-
Light Industry
-
Service Station
-
Office
-
Transportation
8.12.2 Discretionary Uses
-
Office
-
Medical and Professional
-
Shop
-
Personal Service
-
General Services
-
Communications
-
Police Station
-
Animal
8.12.3 Development Standards
-
Taxi Stand
-
Take-Out Food Service
-
Veterinary
-
Recreation Open Space
-
Antenna
-
Temporary Workers Residence
(Housing)
Building Line Setback (min)**
8 m
Side Yard (min)
5 and 1 m
Rear Yard (min)
15 m
Height (max)*
14 m
* Refer to Regulation 4.5 Building Height.
** Refer to Regulation 4.6 Building Line Setback.
8.12.4 Conditions
8.12.4.1 Advertisement
As described in Condition 8.11.4.1 in the Commercial - General Zone.
8.12.4.2 Accessory Building
Accessory buildings shall have a lot coverage up to a maximum of 7% of the total lot area, a
height of no more than 8 metres, a minimum rear yard setback of 10 metres, and requires Service
NL approval.
WABUSH
84
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.12.4.3 Services
Industrial development shall not be permitted in this zone unless adequate services and firefighting
capability designed to meet the needs of the particular industrial uses permitted, are available.
Industrial businesses must provide adequate off-street parking for all employees. Customer parking
may be provided in the street right of way by the construction of suitable bays in which parked
vehicles will not interfere with moving traffic.
8.12.4.4 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are complementary to uses within the permitted use classes or that their
development will not inhibit or prejudice the existence or the development of such uses.
8.12.4.5 Service Stations and Garages
The following requirements shall apply to all proposed service stations and garages:
a. All gasoline pumps shall be located on pump islands designed for such purposes, 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 centre line of any access shall be at least 30
metres from the centre line of the junction.
d. Surface run-off shall be directed to an oil/water separator before discharging into any
storm sewer or any other surface or sub-surface drainage system.
8.12.4.6 Storage of Materials
No business or commercial operation shall store materials, vehicles, heavy equipment or stock pile
waste materials within the front yard of any property. Storage shall be permitted behind the
building or along the side yard, provided a screen is provided to reduce visibility of the area.
8.12.4.7 Temporary Worker's Residence
Temporary Worker's Residence shall be:
f.
Limited to the duration of a specific project for a short duration and located in an area
buffered from other uses within the zone.
g. Temporary site infrastructure including water supply and sewage disposal shall be supplied
and at the cost of the developer
h. The site shall be reclaimed to its original condition and to the satisfaction of Council.
i. Uses shall be limited to mobile homes, and modular homes, portable units for workers'
quarters or other units as approved by Council.
j.
The maximum height for any Temporary Worker's Residence shall be 10 metres.
tIP/
WABUSH
85
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.12.4.8 Animal Kennel
Kennels may be permitted as a discretionary use provided the use does not conflict with other
permitted or existing uses.
WABUSH
86
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.13 INDUSTRIAL - LIGHT
8.13.1 Permitted Uses
-
Light Industry
-
Service Station
-
Passenger Assembly
-
Agriculture (Nursery Only)
-
Transportation
8.13.2 Discretionary Uses
-
Data Centres
-
Medical and Professional
-
Catering
-
Personal Service
-
Taxi Stand
-
General Services
- Shopping Centre
-
Communications
- Shop
-
Police Station
-
Office
-
Take-Out Food Service
-
Indoor Market
-
Veterinary
- Outdoor Market
-
Animal
-
Convenience Store
-
Recreation Open Space
- Education
-
General Industry
-
Commercial Residential
-
Antenna
8.13.3 Development Standards
Building Line Setback (min)**
8 m
Side Yard (min)
5 and 1 m
Rear Yard (min)
15 m
Height (max)*
14 m
* Refer to Regulation 4.5 Building Height.
** Refer to Regulation 4.6 Building Line Setback.
8.13.4 Conditions
8.13.4.1 Advertisement
As described in Condition 8.11.4.1 in the Commercial - General Zone.
8.13.4.2 Accessory Building
As described in Condition 8.11.4.2 in the Commercial General Zone.
87
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.13.4.3 Services
As described in Condition 8.12.4.3 in the Industrial - General Zone.
8.13.4.4 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are complementary to uses within the permitted use classes or that their
development will not inhibit or prejudice the existence or the development of such uses. Industrial
uses judged to be incompatible with surrounding developments due to excessive noise, smell,
chemical usage, or other impacts shall not be permitted.
Discretionary uses shall be considered only in the Industrial Park, as the two other areas are zoned
Light Industrial (see Zoning Map) to permit the continuation of existing Light Industrial uses only.
8.13.4.5 Animal Uses
No animal uses will be located closer than 300 metres to a Residential Medium Density or
Residential Small Lot use zone.
8.13.4.6 Education
Only education uses providing industrial training shall be permitted in the Industrial - Light zone.
8.13.4.7 Service Stations and Garages
As described in Condition 8.12.4.5 in the Industrial - General Zone.
8.13.4.8 Storage of Materials
As described in Condition 8.12.4.6 in the Industrial - General Zone.
WABUSH
88
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.14 INDUSTRIAL - AIRPORT
1
8.14.1 Permitted Uses
-
Transportation
I
-
-
Passenger Assembly
General Industry *
-
Light Industry*
II
- Shop*
* Only permitted if directly related to airport operations.
1
8.14.2 Discretionary Uses
-
Personal Service
-- Taxi Stand
General Service
8.14.3 Conditions
8.14.3.1 Transport Canada Airport Regulations
Transport Canada regulations have full jurisdiction with respect to airport operations.
1
8.14.3.2 Discretionary Uses Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are complimentary to uses within the permitted use classes or that their
development will not inhibit or prejudice the existence or the development of such uses.
8.14.3.3 General Industry, Light Industry and Shop
General Industry, Light Industry and Shop will only be permitted if directly related to airport
operations. Indoor vehicle storage is only permitted in existing buildings.
8.14.3.4 Advertisements
As described in Condition 8.11.4.1 in the Commercial - General Zone.
I
0411100
WABUSH
89
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.15 PUBLIC USE
8.15.1 Permitted Uses
-
Educational
-
General Assembly
-
Place of Worship
-
Child Care
-
Recreation Open Space
-
Cultural and Civic
-
Shop*
*a shop accessory to one of the foregoing uses
8.15.2 Discretionary Uses
-
Indoor Assembly
-
Outdoor Assembly
-
Collective Residential
-
Antenna
-
Cemetery
-
Office
-
Medical and Professional
8.15.3 Development Standards
Minimum Building Line Setback
10 metres
Minimum Side yard Width
5 and 1 metres
Minimum Rear yard Depth
15 metres
Maximum Height
14 metres
8.15.4 Conditions
8.15.4.1 Shop
A shop will only be permitted as accessory to a permitted use.
8.15.4.2 Discretionary Uses Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they do not conflict with the satisfactory operation of existing facilities or the future
development of public uses.
WABUSH
90
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.15.4.3 Compatibility with Residential Uses
All proposals for public uses will be reviewed to ensure that impact on adjacent residential areas
in terms of traffic, noise and hours of operations will be minimized.
8.15.4.4 Access and Parking
a. Accesses to a public street will be shared, where possible, and limited to ensure vehicular
and pedestrian safety.
b. All accesses shalt be designed to ensure vehicular and pedestrian safety.
c. Parking and loading facilities shall be designed to meet occupancy capacity for the use
and designed to ensure vehicular and pedestrian safety.
8.15.4.5 Advertisement
As described in Condition 8.11.4.1 in the Commercial General Zone.
4110tt
WABUSH
91
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.16 OPEN SPACE
8.16.1 Permitted Uses
-
Recreation Open Space
-
Conservation
8.16.2 Discretionary Uses
-
Indoor Assembly
-
Outdoor Assembly
-
Take-out Food Service
-
Antenna
8.16.3 Conditions
8.16.3.1 Advertisement
Notwithstanding Regulation Section 6.15, the conditions that 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:
Onsite Uses
i.
The size, shape, illumination and material construction of the advertisement shall meet
the requirements of Council, having regard to the safety and convenience of users of
adjacent streets and sidewalks, and the general amenities of the surrounding area.
ii.
No advertisement shall exceed 5 square metres in area.
8.16.3.2 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are subsidiary in size and function to uses within the permitted use classes and
where their development will not inhibit or prejudice the existence or the development of such
uses. Further provisions to the discretionary use classes are as follows:
i.
Buildings clearly accessory to the Recreational open space use may be permitted.
ii.
Catering and take-out food service may be permitted only as an accessory to a
permitted or an approved discretionary use by temporary permit.
WABUSH
92
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.17 CONSERVATION
8.17.1 Permitted Uses
-
Conservation
8.17.2 Discretionary Uses
-
Forestry
-
Antenna
8.17.3 Conditions
8.17.3.1 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are complementary to and compatible with uses within the permitted use
classes.
400N
WABUSH
93
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 distance 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 advertisement shall be to the satisfaction
of Council, having regard to the grade and alignment of streets, the location of street
junctions, the location of nearby buildings and the preservation of the amenities of the
surrounding area.
WABUSH
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.18 RURAL
8.18.1 Permitted Uses
-
Agriculture
-
Forestry
-
Recreation Open Space
8.18.2 Discretionary Use
-
Single Dwelling
-
Outdoor Assembly
-
Mineral Working
-
Cemetery
-
Horticulture
-
Antenna
-
General Industry
8.18.3 Conditions
8.18.3.1 Advertisement
Notwithstanding regulations in Section 6.15, the conditions that 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:
Onsite Uses
i
The size, shape, illumination and material construction of the advertisement shall meet
the requirements of Council, having regard to the safety and convenience of users of
adjacent streets and sidewalks, and the general amenities of the surrounding area.
ii.
No advertisement shall exceed 5 square metres in area.
Offsite Uses
94
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.18.3.2 Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the discretion of Council
provided that they are complementary to uses within the permitted use classes or that their
development will not inhibit or prejudice the existence or the development of such uses.
8.18.3.3 Single Dwelling as an Accessory to Permitted Uses
A single dwelling may be permitted provided it is an accessory to and needed for the on-site
supervision of a permitted use.
8.18.3.4 Mineral Workings
The conditions set out in the Mineral Workings Zone that apply to Mineral Working uses shall apply
to Mineral Workings uses in this zone.
8.18.3.5 General Industry
Council may approve industrial uses within the old incinerator site provided that the use complies
with provincial requirements for site remediation and re-use.
4*,
WA BUSH
95
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.19 WATERSHED - MUNICIPAL
Permitted Uses
-
Public Utilities (Water Treatment and Pump
House)
-
Conservation
8.19.1 Discretionary Uses
-
Recreation Open Space
-
Antenna
-
Clubs and Lodges (Recreational)
8.19.2 Development Standards
As determined by Council.
8.19.3 Conditions
8.19.3.1 Development within Watershed - Municipal Area
Development within Protected Watershed Area shall be referred to the Water Resources Division
of the Department of Municipal Affairs and Environment.
8.19.3.2 Recreation
Only passive recreational activities such as hiking and cross country skiing shall be permitted in the
protected watershed area.
WABUSH
96
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.20 MINERAL WORKINGS
8.20.1 Permitted Uses
-
Mineral Workings
8.20.2 Discretionary Uses
-
General Industry
-
Light Industry
-
Hazardous Industry
-
Solid Waste
-
Antenna
8.20.3 Conditions
8.20.3.1 Advertisement
Notwithstanding regulations in Section 6.15, the conditions that 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:
Onsite Uses
i.
The size, shape, illumination and material construction of the advertisement shall meet
the requirements of Council, having regard to the safety and convenience of users of
adjacent streets and sidewalks, and the general amenities of the surrounding area.
ii.
No advertisement shall exceed 5 square metres in area.
Offsite Uses
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 distance 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 advertisement shall be to the satisfaction
of Council, having regard to the grade and alignment of streets, the location of street
junctions, the location of nearby buildings and the preservation of the amenities of the
surrounding area.
97
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.20.3.2 Separation from Adjacent Uses
Unless Council is satisfied that the working will not create a nuisance and will not adversely affect
the amenity of the specified development or natural feature, no mineral working shall be located
closer than the minimum distances set out below to the specified development or natural feature:
Type of Development
Minimum Distance from Mineral
Working
Existing or proposed residential development
300 metres
Any other developed area or area likely to be developed during the
life of pit or quarry working for any purpose other than residential
150 metres
Public highway or street
50 metres
Protected Road
90 metres
Any of the above, with regard to a mineral working operation in
which blasting may take place (or any bedrock quarry or reserve)
1,000 metres
Waterbody or watercourse
50 metres
8.20.3.3 Screening
A mineral working shall be screened in the following manner where it is visible from a public street
or highway, developed area, or area likely to be developed during the life of the use:
a. Where tree screens exist between the mineral working and adjacent public highways and
streets or other land uses (excepting forestry and agriculture), the tree screens shall be
retained in a 30-metre wide strip of vegetation so that visibility of any part of the use from
the surrounding uses or streets will be prevented. The tree screens must be maintained by
the owner or occupier of the use to retain 30 metres in a forested appearance. Where
vegetation dies or is removed from the 30-metre strip, Council may require new trees of a
minimum height of 1 metre be planted to fill in the areas affected to the satisfaction of
Council or, at the discretion of Council, Condition 8.18.3.3(b) must be undertaken.
b. Where no tree screens exist of sufficient width and density to constitute a visual screen,
earthen berms shall be constructed to a height sufficient to prevent visibility of any part of
the mineral working from adjacent uses (excepting forestry and agriculture), or adjacent
public highways and streets. The berms shall be landscaped to Council's satisfaction.
c. Where natural topography creates a visual screen between mineral workings and
adjacent public highways and streets or other land uses (excepting forestry and
agriculture), additional screening may not be required.
d. Where effective screening for any mineral working or associated processing or
manufacturing use cannot be installed or located as required in (a) - (c) above, Council
may refuse to permit the use or associated activity.
WABUSH
98
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
8.20.3.4 Fencing
Council may require the mineral working site or excavated areas of a pit or quarry working to be
enclosed by a fence designed and constructed to its specifications and no less than 1.8 metres in
height.
8.20.3.5 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 that
crosses a brook or stream shall be bridged or culverted at the crossing in accordance with the
Regulations of the Department of Municipal Affairs and Environment.
8.20.3.6 Water Ponding
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 that
crosses a brook or stream shall be bridged or culverted at the crossing in accordance with the
Regulations of the Department of Municipal Affairs and Environment.
8.20.3.7 Erosion Control
No mineral working shall be carried out in a manner so as to cause erosion of adjacent land.
8.20.3.8 Site Maintenance
The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned
equipment and any derelict buildings.
8.20.3.9 Access Roads
During extended periods of shutdown, access roads to a mineral working shall be ditched or
barred to the satisfaction of Council.
8.20.3.10
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 metres from active quarry or stockpile areas. The owner or
operator shall ensure that the quality of the topsoil is not affected by dilution with other materials.
8.20.3.11
Operating Plant and Associated Processing and Manufacturing
Council may permit processing and manufacturing use associated with mineral workings provided
that, in the opinion of Council, the use does not create a nuisance nor is liable to become a
410thi
WABUSH
99
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
nuisance or offensive by the creation of noise or vibration, or by reason of the emission of fumes,
dust, dirt, objectionable odour, or by reason of unsightly storage of materials.
8.20.3.12
Building Location
All permanent or temporary buildings, plants and structures associated with processing and
manufacturing will be located so as not to interfere with the present or future extraction of
aggregate resources.
8.20.3.13
Buffer Area
Council may specify a minimum separation distance between operating plant or associated
processing and manufacturing structure or equipment and adjacent developed areas likely to
be developed during the life of the mineral working.
8.20.3.14
Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be carried out by the operation:
a. All buildings, machinery and equipment shall be removed.
b. All pit and quarry slopes shall be graded to slopes less than 20o or to the slope conforming
to that existing prior to the mineral working.
c. Topsoil and any organic materials shall be re-spread over the entire quarried area.
d. The access road to the working shall be ditched or barred to the satisfaction of Council.
8.20.3.15
Additional Extraction
If the mineral working contains reserves of material sufficient to support further extraction
operations, Council may require the work described above to be carried out only in areas of the
site where extraction has depleted aggregate reserves.
8.20.3.16
Short-term Mineral Workings
The following conditions shall apply to a Mineral Working that is subject to a Department of Natural
Resources Quarry Permit or which is proposed for a duration of less than five years. Council may
require an applicant for a development permit under this condition to meet the stipulations set
out in Condition 8.18.3.17 below, if Council determines that the size of the parcel or of the
proposed mineral working, or the size of the aggregate resource in the surrounding area is
sufficiently large or the duration is sufficiently long to warrant the application of Condition
8.18.3.18.
a. An application for a development permit for the proposed Mineral Working use shall be
accompanied by a detailed sketch or sketches satisfactory to Council that shall show the
location of physical site features and extraction and processing features required by
Council, including but not limited to:
WABUSH
100
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
i.
the general area of the location of the mineral working;
ii.
boundaries of the parcel to be mined (i.e., land covered by the development
application);
iii.
extent of the site area to be mined;
iv.
roads, parking and loading areas and entrance and exit to the site;
v.
waterbodies within the boundaries;
vi.
waterbodies within 250 metre radius of the boundary;
vii.
channels or ponds to be removed, shifted and created; and
viii.
the location of any building or structure and equipment that will be located on the
site.
b. Upon completion of the mineral working operations on the site, the developer shall meet
the conditions set out above and any other condition(s) stated in the development permit
that Council deems necessary for restoration of the site.
c. A temporary development permit may be issued for a maximum of one year and may not
be renewed after five consecutive years. Upon expiry of the development permit Council
shall inspect the site to confirm compliance with the development permit and
development regulations.
8.20.3.17
Long-term Mineral Workings
The following conditions shall apply to a Mineral Working subject to a Department of Natural
Resources Quarry Lease or of a duration of 5 years or greater.
a. An application for a development permit shall include a Mineral Working Development
Plan satisfactory to Council for the proposed Mineral Working use, which shall include a
site plan showing the location of physical site features and extraction and processing
features required by Council including but not limited to:
i.
boundaries of the parcel to be mined;
ii.
extent of site area(s) to be mined;
iii.
buildings and structures on the site;
iv.
roads, parking and loading areas and entrance and exit to the site;
v.
fences, berms and landscaping provided for screening;
vi.
waterbodies and channels to be removed, shifted and created;
vii.
location and expected maximum height of stockpiles of mined ores, sand and
gravel;
viii.
location of major machinery and conveyors for receiving and processing raw ores
including machinery for sifting, washing and grading ores, and the manufacturing
of concrete and stone products;
ix.
the probable location of storage piles of topsoil and overburden removed from
earlier phases of mined areas and temporarily being stored for replacement under
the Reclamation plan; and
x.
intended phases of mining operations to be carried out over all portions of the site.
b. An application for a development permit shall include a Mineral Working Reclamation
Plan satisfactory to Council for the proposed mineral working use that shall explain,
41000*
WABUSH
101
TOWN OF WABUSH DEVELOPMENT REGULATIONS
USE ZONES
September 2018
illustrate and show to the satisfaction of Council a plan for restoration of the site that
includes final ground contours, slopes, depth of topsoil, and vegetation and a phasing
plan if necessary in the form of a grading and landscape plan or plans.
8.20.3.18
Financial Guarantee
a. The developer shall provide a financial guarantee in the form of a performance bond or
unconditional and irrevocable letter of credit or other form acceptable to Council.
b. The financial guarantee shall be the greater of (a) $5,000 per hectare, prorated on the
basis of area to a minimum of $500, or (b) an amount to cover the costs of restoring or
landscaping the site after the quarry operations have ended or the site is abandoned by
the applicant.
c. The financial guarantee shall be returned when the Reclamation Plan has been carried
out or the development terminated and any conditions attached to the development
permit have been met to the satisfaction of Council.
8.20.3.19
Permit Fee
The development permit fee for a Mineral Working use shall be determined by Council in an
amount sufficient to cover the review of the Development and Reclamation Plans or the detailed
sketch as required above, and determination of the amount of the financial guarantee described
in Condition 8.20.3.18, above, by a professional engineer, ongoing inspection of the site for
conformity with the named Plans or sketches and with the conditions of the development permit,
and inspection of the site to determine acceptable reclamation for purposes of return or
cancellation of the financial guarantee.
00111000
WABUSH
102
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SCHEDULE A
Classification of Uses of Land and Buildings
41100/40
WABUSH
TOWN OF WABUSH DEVELOPMENT REGULATIONS
NOTE: The classification 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, 2015.
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY USES
I. Assembly Uses for the
production and viewing
of the performing arts.
(a) Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
2. General Assembly Uses
(a) Cultural
and Civic
Libraries
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(b) General
Assembly
Community Halls
Lodge Halls
Dance Halls
Gymnasia Auditoria
Bowling Alleys
(c) Educational
Schools
Colleges (non- residential)
(d) Place of
Worship
Churches and similar places
of worship.
Church Halls
(e) Passenger
Assembly
Passenger Terminals
(f) Club and
Lodge
Private Clubs and Lodges
(non-residential)
(g) Catering
Restaurants
Bars
Lounges
h) Funeral Homes
Funeral Homes and Chapels
(i) Child Care
Day Care Centres
(j) Amusement
Electronic Games Arcades
Pinball Parlours
Poolrooms
3. Arena-type Uses
(a) Indoor
Assembly
Arenas
Armouries
Ice Rinks
Indoor Swimming Pools
4. Open-air Assembly Uses
(a) Outdoor
Assembly
Bleachers Grandstands
Outdoor Ice Rinks and
Swimming Pools
Amusement Parks and Fair -
grounds
Exhibition Grounds
Drive-in Theatres
4/111frt
WABUSH
WABUSH
I
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GROUP
DIVISION
CLASS
EXAMPLES
B. INSTITUTIONAL
USES
1. Penal and Correctional
Institutional Uses
(a) Penal and
Correctional
Detention
Jails Penitentiaries
Police Stations (with
detention quarters)
Prisons
Psychiatric Hospitals (with
detention quarters)
Reformatories
2. Special Care Institutional
Uses
(a) Medical
Treatment and
Special Care
Children's Homes
Convalescent Homes
Personal Care Homes
Hospitals
Infirmaries
Orphanages
Psychiatric Hospitals
Sanatoria
C. RESIDENTIAL USES
I. Residential Dwelling Uses
(a)Single Dwelling
Single Detached Dwellings
Family and Group Homes
(b) Double
Dwelling
Semi-detached Dwelling
Duplex Dwellings
Family and Group Homes
(c) Row Dwelling
Row Houses
Town Houses
Family and Group Homes
(d)Apartment
Building
Apartments
Family and Group Homes
2. General Residential Uses
(continued)
(a) Collective
Residential
Residential Colleges and
Schools
University and College Halls
of Residence
Convents and Monasteries
Nurses and Hospital
Residences
(b) Boarding
House
Residential
Boarding Houses
Lodging Houses
(c)Commercial
Residential
Hotels and Motels
Hostels
Residential Clubs
(d)Seasonal
Residential
Summer Homes and Cabins
Hunting and Fishing Cabins
(e) Mobile Homes
Mobile Homes
D. BUSINESS and
PERSONAL
SERVICE USES
1. Business, Professional,
and Personal Service
Uses
(a) Office
Offices (including
Government Offices) Banks
(b) Medical
and
Professional
Medical Offices and
Consulting Rooms
Dental Offices and Surgeries
I
I
I
I
1
I
I
I
I
;
I
I
I
I
I
I
I
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GROUP
DIVISION
CLASS
EXAMPLES
Legal Offices
Similar Professional Offices
(c) Personal
Service
Barbers Hairdressers Beauty
Parlours
Small Appliance Repairs
(d) General Service Self-service Laundries Dry
Cleaners (not using
flammable or explosive
substances)
Small Tool and Appliance
Rentals
Travel Agents
(e)
Communic
ations
Radio Stations
Telephone Exchanges
(f) Police
Station
Police Stations without
detention quarters
(g) Taxi Stand
Taxi Stands
(h) Take-out Food
Service
Take-out Food Service
(i) Veterinary
Veterinary Surgeries
E. MERCANTILE USES
1 .
Retail Sale and Display
Uses
(a)Shopping
Centre
Shopping Centres
(b)Shop
Retail Shops, Stores and
Showrooms
Department Stores
(c) Indoor Market
Market Halls Auction Halls
(d) Outdoor Market Market Grounds Animal
Markets
Produce and Fruit Stands
Fish Stalls
(e) Convenience
Store
Confectionary Stores
Corner Stores
Gift Shops
Specialty Shops
F. INDUSTRIAL USES
1. Industrial uses involving
highly combustible and
hazardous substances
and processes.
(a) Hazardous
Industry
Bulk Storage of hazardous
liquids and substances
Chemical Plants Distilleries
Feed Mills
Lacquer, Mattress, Paint,
Varnish, and Rubber
Factories
Spray Painting
2. General Industrial Uses
involving Limited
(a) General
Industry
Factories
Cold Storage Plants
44Itti
WABUSH
TOWN OF WABUSH DEVELOPMENT REGULATIONS
GROUP
DIVISION
CLASS
EXAMPLES
Hazardous Substances
and Processes.
Freight Depots
General Garages
Warehouses Workshops
Laboratories Laundries
Planing Mills Printing Plants
Contractors' Yards
Temporary Workers
Residence (Housing)
(b) Service Station
Gasoline Service Stations
Gas Bars
3. Light, Non-hazardous
or Non-intrusive
Industrial Uses.
(a) Light Industry
Light Industry Parking
Garages Indoor Storage
Warehouses Workshops
G. NON-BUILDING
USES
1. Uses not directly related
to building.
(a) Agriculture
Commercial Farms
Hobby Farms
Market Gardens and
Nurseries
(b) Forestry
Tree Nurseries Silviculture
(c) Mineral Working
and Exploration
Quarries Pits Mines Oil Wells
Exploration/Drilling/ Sampling
(d) Recreational
Open Space
Playing Fields Sports Grounds
Parks Playgrounds
(e) Conservation
Watersheds Buffer Strips
Flood Plains
Architectural, Historical and
Scenic Sites
Steep Slopes
Wildlife Sanctuaries
(f) Cemetery
Cemeteries Graveyards
(g) Scrap Yard
Car Wrecking Yards Junk
Yards
Scrap Dealers
(h) Solid Waste
Solid Waste Disposal Sanitary
Land Fill Incinerators
(i) Animal
Animal Pounds
Kennels, Zoos
(j) Antenna
TV, Radio and
Communications
Transmitting, Receiving Masts
and Antennae
(k) Transportation
Airfields Railway Yards Docks
and Harbours
1.41*
WABUSH
TOWN OF WABUSH DEVELOPMENT REGULATIONS
SCHEDULE B
Zoning Map