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TOWN OF
WEST ST. MODESTE
DEVELOPMENT REGULATIONS
IMPORTANT: To see if there were any changes to
this plan since it came into effect, please refer to:
List of Development Regulation Amendments
URBAN ANO RURAL PLANNING ACT
COMMUNITY OF WEST ST. MODESTE
LAND USE ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
PUBLISHED BY AUTHORITY
The Council of the Community of West St. Modeste hereby adopts
the following Land Use Zoning, Subdivision and Advertisement Regulations
as required by Section 37 of the Urban and Rural Planning Act.
Made and adopted by the Council of the Community of West St.
Modrste on
,:i /
, day of
- 1989.
1989.
Clerk
Mayor
Approved by me at St. John's this
{p ft/\, day of /t)~
/ERIC A. GULLAGE, C,L. ·,, M,H.A.
MINISTER OF MUNICIPAL AND
PROVINCIAL AFFAIRS
All persons are hereby requested to take notice that anyone who
wishes to view these Regulations may do so at the Office of the Clerk of
the Community of West St. Modeste Council at the Town Office.
i -
Regulation
Number
l .
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
l 2.
13.
14.
ls .
16.
l 7.
1 8.
19.
20.
21.
22.
2 3.
24.
2 5.
26.
2 7.
28.
(ii)
T A B L E
0 F
C 0 N T E N T S
APPLICATION
Short Title
Interpretation
Commencement
Municipal Code and Regulations
......... .
Authority .............................. .
PART 1 -
GENERAL REGULATIONS
Compliance with Regulations
Permit Required ........................ .
Permit to be Issued ................... ..
Permit not to be Issued in Certain Cases .
Discretionary Powers of Authority ...... .
Variances by Authority ................. .
Service Levy
Financial Guarantees by Developer
Dedication of Land for Public Use
Reinstatement of Land
Form of Application
Register of Application
Deferment of' Application
Outline Planning Permission
Development Permit
Reasons for Refusing Permit ........... ..
Notice of Application .................. .
Right of Entry ......................... .
Record of Violations
Stop Work Order and Prosecution
Local Board of Appeal Established ...... .
Appointment of Local Board of Appeal
Appeal Board to Act as Local Board of
Appeal
............................... .
Page
l
1
1
2
2
3
3
3
4
5
s
7
9
10
10
10
11
l 2
1 2
l 3
1 5
I 6
16
16
17
17
1 7
19
(iii)
Regulation
Number
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
4 2.
43.
44.
45.
46.
4 7.
48.
49.
so.
51.
52.
s 3.
54.
55.
56.
s 7.
Appeals to Local Board of Appeal
Effect of Decision by Local Board
of Appeal
.............................. .
Development may not Proceed
PART II
GENERAL DEVELOPMENT STANDARDS
Accesses and Service Streets
Accessory Buildings
Advertisements
Buffer Strips
Building Height
Building Line and Setback
Family and Group Care Centres
........... .
Height Except ions
....................... .
Livestock Structures and Uses
Lot Area
Lot Area and Size Exceptions
Lot Frontage
Mobile Homes
Non-Conforming Uses
Offensive and Dangerous Uses
Off-street Parking Requirements
Off-street Loading Requirements
Parks and Playgrounds and Conservation
Uses
................................-...
Screening and Landscaping
Services and Public Utilities
Service Stations ............. · · · · · · · · .. ..
Sideyards
............................ · · · ·
Street Construction Standards . . . ........ .
Subsidiary Apartments
................... ·
Unsubdivided Land
............. - .... · .... ·
Zero Lot Line and Other Comprehensive
Development
............ · · · · · · · · · · · · · · · · ·
Page
19
22
22
23
23
24
24
25
25
25
26
26
28
28
29
29
30
32
33
36
37
37
38
38
39
39
39
40
40
Regulation
Number
5 8.
59.
60.
61.
62.
63.
64.
65.
66.
6 7.
6 8.
69.
70.
71.
72.
7 3.
74.
75.
76.
77.
78.
(iv)
PART III
ADVERTISEMENTS
Permit Required ...................... .
Form of Application .................. .
Advertisements Prohibited in Street
Reservation ......................... .
Permit Valid for Limited Period
Removal of Advertisements
Advertisements Exempt from Control
Approval Subject to Conditions
....... .
Non-Conforming Uses
PART IV
SUBDIVISION OF LAND
Permit Required
Services t·o be Provided
Payment of Service Levies and other
Charges ............... , ........ .
Issue of Permit subject to
Considerations ...................... .
Building Permits Required
Form of Application .................. .
Subdivision subject to Zoning
........ .
Building Lines
Land for Public Open Space
Structure in Street Reservation
Subdivision Design Standards
Engineer to Design Works and Certify
Construction Layout
................. .
Developer to Pay Engineer's Fees and
Charges ............................. .
Page
41
41
41
41
42
42
44
44
45
45
45
46
47
47
48
48
48
50
50
53
54
(v)
Regulation
Number
79.
80.
81.
82.
83.
84.
85.
86.
8 7.
Street Works may be Deferred
Transfer of Streets and Utilities to
Authority ....-..........................
Restriction on Sale of Lots
Grouping of Dwellings and Landscaping
PART V
Use Zones
Use Classes
Permitted Uses
Discretionary Uses
Uses Not Permitted
USE ZONES
Page
55
56
57
57
59
59
60
60
60
i
'
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
S C H E D U L E S
Definitions
Classification of Uses of Land and
Buildings
Use Zone Tables and
Schedule of Street Reservations
Off-Street Parking Requirements
Land Use Zoning Maps
COMMUNITY OF WEST ST. MODESTE MUNICIPAL PLAN
LAND USE , ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
APPLICATION
SHORT TITLE
1.
These Regulations may be cited as the West St. Modeste Development
Regulations.
INTERPRETATION
2.
(1)
Words and phrases used in these Regulations shall have
the meanings ascribed to them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have
the meanings which are colll!l\only assigned to them in the
context in which they are used in the Regulations.
COMMENCEMENT
3.
These Regulations come into effect throughout the West St. Modeste
' '
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.
APPLICATION
Page 2
MUNICIPAL CODE AND REGULATIONS
4.
The Building Code including the Plumbing Code, the Fire Code,
the Electrical Code, and any other ancillary code and any Building
Regulation, Waste Disposal Regulation and/or any other municipal
regulations regulating or controlling the development, conser-
vation and use of land in force in the Community of West St.
Modeste, shall, under these Regulations, apply to the entire
Planning Area.
AUTHORITY
5.
In these Regulations, "Authority" means the Council of the
.
'
Community of West St. Modeste -
PART 1 - GENERAL REGULATIONS
COMPLIANCE WITH REGULATIONS
6.
No development shall be carried out within the
Planning Area except in accordance with these
Regulations.
PERMIT REQUIRED
7.
No person shall carry out any development within
the Planning Area except where otherwise provided
in these Regulations unless a permit for the
development has been issued by the Authority.
PERMIT TO BE ISSUED
8.
Subject to Regulations 9 and 10, a permit shall be
issued for development within the Planning Area that
conforms to:
(a)
the general development standards set out
in Part II of these Regulations, the require-
ments of Part V of these Regulations, and the
use classes, standards, requirements, and
conditions prescribed in Schedule C of these
Regulations for the use zone in which the
proposed development is located;
PART I
General Regulations
Page 4
(b)
the standards set out in the Building Code
and/or other ancillary codes, and any
Building Regulation, Waste Disposal Regu-
lation, and/or any other municipal regulation
in force in the Planning Area regulating or
controlling development, conservation and
use of land and buildings;
(c)
the standards set out in Part III of these
Regulations in the case of advertisement;
(d)
the standards set out in Part IV of these
Regulations in the case of subdivision;
(e)
the standards of design and appearance
established by the Authority.
PERMIT NOT TO BE ISSUED IN CERTAIN CASES
9.
Neither a permit no; outline planning permission
shall be issued for development within the Planning
Area when, in the opinion of the Authority, it is
premature by reason of the site lacking adequate
road access, power, drainage, sanitary facilities,
or domestic water supply, or being beyond the natural
development of the area at the time of application
unless the applicant contracts to pay the full cost
PART I - General Regulations
Page 5
of construction of the services deemed necessary
by the Authority and such cost shall attach to
and upon the property in respect of which it is
imposed.
DISCRETIONARY POWERS OF AUTHORITY
10.
In considering an application for a permit or for
outline planning permission to carry out develop-
ment, the Authority shall take into account the
policies expressed in the Municipal Plan and any
further scheme, plan or regulations pursuant
thereto, and shall assess the general appearance
of the development, its effect on the overall
development of the area, the amenity of the
surroundings, availability of utilities, public
safety and convenience, and any other considerations
which are, in its opinion, mater·ial, and notwith-
standing the conformity of the application with the
requirements of these Regulations, the Authority may,
in its discretion, and as a result of its consider-
ation of the matters set out in this Regulation,
conditionally approve or refuse the application.
VARIANCES BY AUTHORITY
11.
( 1)
Where a uermit cannot be granted because the
proposed development does not comply with these
Regulations, the Authority may in its discretion
PART I - General Regulations
Page 6
vary the requirements to literal conformity
with the Regulations if, in the Authority's
opinion, the requirements would prejudice the
proper development of the land, building or
structure in question, or be contrary to the
public interest.
(2)
Variance from these Regulations pursuant to
Regulation 11(1) shall only be authorized in
the following circumstances:
(a)
if, in the opinion of the Authority,
such variance is not contrary to the
general intent and purpose of these
Regulations, the Municipal Plan, or
any further scheme, plan or regulation
pursuant thereto, and the public interest;
(b)
if, prior to authorization of such
variance, the Authority has considered
its effect on adjoining properties;
(c)
if the variance does not change the
permitted use of the property;
(d)
if the Authority is satisfied that the
variance has not become necessary due
to the intentional or negligent conduct
of the owner or some other party acting
with the owner's knowledge or consent;
PART I - General Regulations
Page 7
(e)
if, prior to authorization of such variance,
the Authority has given notice of the
application in accordance with Regulation
22 and has considered any objections or
representations which may have been received
on the matter.
(3)
Variance from these Regulations pursuant to
Regulation 11(1) .shall not be authorized if
such variance, when considered together with
other variances made or to be made in respect
of the same land, building or structure, would
have a cumulative effect contrary to the general
intent of these Regulations, the Municipal Plan,
or any further scheme, plan or regulation pursuant
thereto, even though the variances individually
would not have such effect.
SERVICE LEVY
12.
( l)
The Authority may require a developer to pay a
service levy where development is made possible
or where the density of potential development
is increased, or where the value of property is
enhanced by the
car~ying out of public works
either on or off the site of the development.
PART I - General Regulations
Page 8
(2)
A service levy shall not exceed the cost,
or estimated cost, including finance
charges to the Authority of constructing
or improving the public works referred to
in Regulation 12(1) that are necessary for
the real property to be developed in accord-
ance with the standards required by the
Authority and for uses that are permitted
on· that real property.
(3)
A service levy shall be assessed on the real
property based on
(a)
the amount of real property
benefitted by the public work related
to all the real property so benefitted;
and,
(b)
the density of development made capable
or increased by the public work.
(4)
The Authority may require a service levy to
be paid by the owner of the real property;
(a)
at the time the levy is imposed;
(b)
at the time development of the
real property commences;
(c)
at the time development of the
real property is completed;
or,
PART I - General Regulations
Page 9
(d)
at such other time as the Authority
may decide.
FINANCIAL GUARANTEES BY DEVELOPER
13.
(1)
The Authority may require a developer before
commencing a development to make such financial
provisions and/or enter into such agreements
as may be required to guarantee the payment
of service levies, ensure site reinstatement,
and to enforce the carrying out of any other
condition attached to a permit or licence.
(2)
The financial provisions pursuant to Regulation
13(1) may be made in the form of;
(a)
a cash deposit from the developer,
to be held by the Authority;
or,
(b)
a guarantee by a bank, or other
institution acceptable to the Minister,
for expenditures by the developer;
or,
(c)
a performance bond provided by an
insurance company or a bank;
or,
(d)
an annual contribution to a sinking
fund held by the Authority.
PART I - General Regulations
Page 10
DEDICATION OF LAND FOR PUBLIC USE
14.
In addition to the requirements for dedication
of land under Regulation 74, the Authority may
require the dedication of a percentage of the
land area of any subdivision or other develop-
ment for public use, and such land shall be
conveyed to the Authority in accordance with
the provisions of the Act.
REINSTATEMENT OF LANO
15.
Where the use of land is discontinued or the
intensity of its use is decreased, the Authority
may order the developer, the occupier of the
site, or the owner or all of them to reinstate
the site, to remove all or any buildings or
erections, to cover or fill all wells or
excavations, and to close all or any accesses,
or to do any of these things or all of them,
as the case may be, and the developer, occupier
or owner shall carry out the order of the
Authority and shall put the site in a clean
and sanitary condition to the satisfaction of
the Authority.
FORM OF APPLICATION
16.
(1)
An application for a development permit or
PART I - General Regulations
Page 11
for outline planning permission shall be
made only by the owner or by a person
authorized by the owner to the Authority
on such form as may be prescribed by the
Authority, and every application shall
include such plans, specifications and
drawings as the Authority may require,
and be accompanied by the permit fee
required by the Authority.
(2)
The Authority shall, on request, supply to
every applicant a copy of the application
forms referred to in Regulation 16(1) and
a description of the plans, specifications
and drawings required to be provided with
the application.
REGISTER OF APPLICATION
17.
The Authorit~ shall keep a public register of
all applications for development, and shall enter
therein the Authority's decision upon each appli-
cation and the result of any appeal from that
decision.
PART I
General Regulations
Page 12
DEFERMENT OF APPLICATION
18.
(1)
The Authority may, with the written agreement
of the applicant, defer consideration of an
application.
(2)
Applications properly submitted in accord-
ance with these Regulations which have not
been determined by the Authority and on
which a decision has not been communicated
to the applicant within eight weeks of the
receipt thereof by the Authority, and on
which consideration has not been deferred
in accordance with Regulation 18(1), shall
be deemed to be refused.
OUTLINE PLANNING PERMISSION
19.
(1)
The Authority may grant outline planning
permission for the erection, alteration or
conversion 0£ a building if, after considering
an application for outline planning permission
made under these Regulations, it is satisfied
that the proposed development is, subject to
the approval of detailed plans, in compliance
with these Regulations.
(2)
Where outline planning permission is granted
under this Regulation, it shall be subject
PART I - General Regulations
Page 13
to the subsequent approval by the Authority
of such details as may be listed in the
outline planning permission, which shall also
specify that further application for approval
of these details shall be received not later
than two years from the grant of outline
planning permission.
DEVELOPMENT PERMIT
20.
(1)
A plan or drawing which has been approved by
the Authority and which bears a mark and/or
signature indicating such approval together
with a permit shall be deemed to be permission
to develop land in accordance with these
Regulations but such permission shall not
relieve the applicant from full responsibility
for obtaining permits or approvals under any
other regulation or statute prior to commencing
the development;
from having the work carried
out in accordance with these Regulations or .1ny
other regulations or statutes;
and from comnliance
with all conditions imposed thereunder.
(2)
The Authority may attach to a permit or to
outline planning permission such conditions as
it deems fit in order to ensure that the proposed
PART I - General Regulations
Page 14
development will be in accordance with
the purposes and intent of these Regu-
lations.
(3)
Where the Authority deems necessary,
permits may be issued on a temporary basis
for a period not exceeding two years, which
may be extended in writing by the Authority
for further periods not exceeding two years.
(4)
A permit is valid for such period, not in
excess of two years, as may be stated therein,
and if the development has not commenced, the
permit may be renewed for a further period
not in excess of one year, but a permit shall
not be renewed more than once, except in the
case of a permit for an advertisement, which
may be renewed in accordance with Part III
of these Regulations.
(S)
The approval of any application and plans or
drawings or the issue of a permit shall not
prevent the Authority from thereafter
requiring the correction of errors, or from
ordering the cessation, removal of, or
remedial work on any development being carried
out in the event
that the same is in violation
of this or any other regulations or statute.
PART I - General Regulations
Page 15
(6)
The Authority may revoke a permit for
failure by the holder of it to comply with
these Regulations or any condition attached
to the permit or where the permit was issued
in error or was issued on the basis of
incorrect information.
(7)
No person shall erase, alter or modify any
drawing or specifications upon which a
permit to develop has been issued by the
Authority.
(8)
There shall be kept available on the premises
where any work, matter or thing is being done
for which a permit has been issued, a copy of
the permit and any plans, drawings or speci-
fications on which the issue of the permit
was based during the whole progress of the
work, or the doing of the matter or thing
until completion.
REASONS FOR REFUSING PERMIT
21.
The Authority shall, when refusing to issue a
permit or attaching conditions to a permit, state
tl1e reasons for so doing.
P~RT I - General rtegul athns
Page 16
NOTICE OF APPLICATION
22.
The Authority may, and when a variance is neces-
sary under Regulation 11, when a change in non-
conforming use is to be considered under Regula-
tion 45,
or
when
the development
proposed
is
listed as a discretionary use in Schedule C of the
Regulations shall, at the expense of the appli-
cant, give notice of an application for a permit
or
for
outline
planning
permission,
by
public
advertisement in a newspaper circulating in the
area or by any other means deemed necessary.
RIGHT OF ENTRY
23.
The Authority, the Di rector, or any inspector may
enter upon any public or private land and may at
all
reasonable
times
enter
any
development
or
bui 1 ding 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 which the Authority is empowered
to regulate.
RECORD OF VIOLATIONS
24.
Every inspector shall keep a record of any vio-
1 ation of these Regulations
which
comes
to
PART I - General Regulations
Page 17
his knowledge and report
that violation to the
Authority.
STOP WORK ORDER AND PROSECUTION
25.
(1)
Where a person begins a development contrary
or apparently contrary to these Regulations,
the Authority may order that person to stop
the development
or any work connected there-
with pending final adjudication in any prose-
cution arising out of the development.
(2)
A person who does not comply with an order
made under Regulation 25(1) is guilty of an
offence under the provisions of the Act.
LOCAL BOARD OF APPEAL ESTABLISHED
26.
A Local
Boar~ of Appeal shall be appointed to
hear all appeals arising from these Regulations.
APPOINTMENT OF LOCAL BOARD OF APPEAL
27.
(1)
The Authority may, subject to the approval
of the Minister, appoint not less than three
and not more than five persons to constitute
the Local Board of Appeal.
PART I - General Regulations
Page 18
(2)
The Authority under Regulation 27(1)
shall not appoint elected or appointed
officials of the Authority to be members
of the Local Board of Appeal.
(3)
Every member of the Local Board of Appeal
shall be appointed for such periods, not
exceeding the term of office of the Authority,
as may be deemed appropriate by the Authority,
and shall be eligible for re-appointment.
(4)
The Local Board of Appeal shall be presided
over by a Chairman appointed from among its
members by the Authority or in the absence
of the Chairman, such member as the members
present shall from among themselves appoint.
(S)
A majority of the members of the Local Board
of Appeal shall constitute a quorum.
(6)
The Authority may by a two-thirds vote of
( 7)
its members provide for remuneration to be
paid to members of the Local Board of Appeal
and may prescribe the amount.
lih ere a Local Board of Appeal has been
appointed and approved under Regulation 27(1),
the Clerk of the Authority shall be the
Secretary of that Local Board of Appeal.
PART I - General Regulations
Page 19
APPEAL BOARD TO ACT AS LOCAL BOARD OF APPEAL
28.
Where a Local Board of Appeal has not been
appointed and approved by the Minister under
Regulation 27(1), the appropriate Appeal Board
established under the provisions of the Act
shall be deemed to have been appointed as the
Local Board of Appeal, and shall carry out the
functions and exercise the same powers as if it
were appointed a Local Board of Appeal under
Regulation 27(1), but it shall not be obliged
to hold appeal hearings within the Planning Area
or to hear appeals within the time limits
established under these Regulations.
APPEALS TO LOCAL BOARD OF APPEAL
29.
(1)
The Local Board of Appeal shall hear appeals
from decisions of the Authority made .under
these Regulations and shall either confirm
the decision or recommend to the Authority
that the decision be varied or reversed.
(2)
Any person may appeal to the Local Board of
Appeal from a decision of the Authority made
under these Regulations.
(3)
An appeal shall be submitted in writing to
PART I - General Regulations
Page 20
the Authority within thirty days of the
date of the decision appealed from and
shall state the circumstances and grounds
of the appeal.
(4)
Within one week of receiving an appeal,
the Authority shall forward it to the
Local Board of Appeal together with a
copy of the application appealed from and
all other correspondence, plans and pertinent
information.
(S)
The Local Board of Appeal shall meet to hear
an appeal within sixty calendar days after
that appeal has been filed with the Authority,
and shall make its decision known in writing
to the Authority and to the appellant within
two weeks of hearing the appeal.
(6)
The Authority,, the appellant, and any other
person likely to be affected by the appeal,
shall be advised of the time and place of
the appeal hearing by the Secretary at least
one week before the appeal is to be heard.
(7)
T11e Authority and the appellant are entitled,
but are not bound, to appear before the Local
Board of Appeal either personally or by
representatives appointed by them.
PART I - General Regulations
Page 21
(8)
The Local Board of Appeal shall consider
and determine each appeal in accordance
with the intent of these Regulations and
the Municipal Plan and any further plan,
scheme or regulations that are in force,
having due regard to the circumstances
and merits of the particular case and the
use of discretionary powers by the
Authority.
(9)
In determining an appeal, the Local Board
of Appeal shall be bound by the Municipal
Plan and any further scheme or plan that
is in force under the Act.
(10)
Every member of a Local Board of Appeal
shall be subject to the provisions of the
Municipalities Act with respect to conflict
of interest as if he were a councilloT elected.
under that Act.
(11)
The
decision of a majority of the members of
the Local Board of Appeal present, excluding
all members prohibited from voting because of
conflict of interest, shall be the decision
of the Board whose decision shall not be
subject to further appeals to any other Appeal
Board constituted under the Act.
PART I - General Regulations
Page 22
(12)
If a Local Board of Appeal is unable to
decide an appeal because of the conflict
of interest of a majority of its members,
the Authority shall, subject to the approval
of the Minister, and for that appeal only,
appoint other persons to replace those
members so affected.
EFFECT OF DECISION BY LOCAL BOARD OF APPEAL
30.
The Authority shall be bound to carry out the
recommendations of the Local Board of Appeal
unless another course of action is determined
by a vote of two-thirds of the members of the
Authority, which action shall not be subject
to further appeal.
DEVELOPMENT MAY NOT PROCEED
31.
Where an appeal is made from a decision of the
Authority, the development concerned shall not
proceed pending a decision on the appeal and
the subsequent issue of all required permits.
PART II
GEilERAL DEVELOPMENT STA;mARDS
ACCESSES AND SERVICE STREETS
32.
(1)
Accesses shall be located to the specifi-
cation of the Authority so as to ensure
the greatest possible convenience and
safety of the street system and the Authority
may prescribe the construction of service
streets to reduce the number of accesses
to collector and arterial streets.
(2)
No vehicular access shall be closer than
10 metres to the street line of any street
intersection.
ACCESSORY BUILDINGS
33.
(l)
Accessory buildings shall be clearly incidental
and complementary to the use of the main
buildings in character, use and size, and shall
be contained on the same lot.
(2)
No accessory building or part thereof shall
project in front of any building line.
(3)
The sideyard requirements set out in the use
zone tables in these Regulations shall apply
to accessory buildings wherever they are
PART II - General Development Standards
Page 24
located on the lot but accessory buildings
on two (2) adjoining properties may be built
to property boundaries provided they shall
be of fire resistant construction and have
a common firewall.
ADVERTISEMENTS
34.
Advertisements shall not be erected or displayed
except in accordance with Part III of these Regu-
lations.
BUFFER STRIPS
35.
Where any industrial development permitted in any
Use Zone abuts an existing or proposed residential
area, or is separated from it by a road only, the
owner of the site. of the industrial development
shall provide a buffer strip not less than ten
(10) metres wide between any residential activity
and the industrial area.
The buffBr shall include
the provision of such natural or structural
barrier as may be required by the Authority and
shall be maintained by the owner or occupier to
the satisfaction of the Authority.
BUILDING HEIGHT
PART II - General Development Standards
Page 25
36.
The Authority may permit the erection of buildings
of a height greater than that specified in Schedule
C, but in such cases the building line setback and
rearyard requirements shall be varied as follows:
(a)
The building line setback shall be
increased by 2 metres for every l
metre increase in height.
(b)
The rearyard shall not be less than
the minimum building line setback
calculated as described in (a) above
plus 6 metres.
BUILDING LINE AND SETBACK
37.
The Authority, by resolution, may establish
building lines on any existing or proposed street
or service street and may require any new buildings
to be located on those building lines, whether or
not such building lines conform to the standards
set out in the tables in Schedule C of these Regu-
lations.
FAMILY ANO GROUP CARE CENTRES
38.
Family and group care centre use is permitted in
any dwelling or apartment that is adequate in size
PART II - General Development Standards
Page 26
to accommodate the number of persons living in
the group, inclusive of staff, provided that
in the opinion of
the Authority, the use of
the dwelling does not materially differ from,
nor adversely affect, the amenities of the
adjacent residences, or the neighbourhood in
which it is located.
The Authority may
require special access and safety features to
be provided for the occupants before occupancy
is permitted.
HEIGHT EXCEPTIONS
39.
The height requirements prescribed in Schedule C
of these Regulations may be waived in the case
of communication masts and antennae, flagpoles,
water towers, spires, belfries, or chimneys, but
any such waiver which results in an increase of
more than 20% in the permitted height of the
structure shall only be authorized under the
provisions of Regulation 11.
LIVLS'IOCK Sl'RUCTURES AND USES
40.
(1)
No structure designed to contain more than
five animal units shall be erected or
PART II - General Development Standards
Page 27
used unless it complies with the following
requirements:
(a) The structure shall be at least 600 m from
a residence, (except a farm residence or a
residence which is a non-conforming use in
any zone in which agriculture is a permitted
use class in the Use Zone Tables in Schedule
C of these Regulations), and, from an area
designated for residential use in an approv-
ed Plan, and, from a Provincial or Federal
Park.
(b)
The structure shall be at least 60m from
the boundary of the property on which it
is to be erected.
(c)
The.structure shall be at least 90m from
the centre line of a street.
(d)
Th~ erection of the structure shall be
approved by the Department of Rural, Agri-
cultural and Northern Development and the
Department of the Environment.
(2)
No development for residential use shall be
permitted within 60Dm of an existing structure
designed to contain more than five animal units
unless the development is first approved by the
Department of Rural, Agricultural and Northern
Development,
PART II - General Development Standards
Page 28
LOT AREA
41.
(1)
No lot shall be reduced in area, either by
the conveyance or alienation of any portion
thereof or otherwise, so that any building
or structure on such lot shall have a lot
coverage that exceeds, or a front yard, rear
yard, side yard, frontage or lot area that
is less than that permitted by these Regu-
lations for the zone in which
such lot is
located.
(2)
Where any part of a lot is required by these
Regulations to be reserved as a yard, it
shall continue to be so used regardless of
any change in the ownership of the lot or
any part thereof, and shall not be deemed to
form part of an adjacent lot for the purpose
of computing the area thereof available for
building purposes,
LOT AREA AND SIZE EXCEPTIONS
42.
Where, at the time of coming into effect of these
'
Regulations, one or
more 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
PART II - General Development Standards
Page 29
Regulations, then these Regulations shall not
prevent the issuing of a permit by the Authority
for the erection of a dwelling thereon, provided
that the lot coverage and height are not greater
than, and the yards and floor area are not less
than the standards set out in these Regulations.
LOT FRONTAGE
43.
Except where specifically provided for in the
Use Zone Tables in Schedule C of these Regulations,
no residential or commercial building shall be
erected unless the lot on which it is situated
fronts directly onto a street or forms part of a
Comprehensive Development Scheme.
MOBILE HOMES
44.
(1)
Groups of more than five mobile homes shall
be located only in approved mobile home parks
and mobile home subdivisions in Residential
Use Zones so designated and shall conform to
the requirements of the Provincial Mobile
Home Development Regulations currently in
effect.
?~~T J[ - General Development Requlations
Page 30
(2)
No development permit shall be issued for a mobile
home lot unless it conforms with the requirements of
Regulation 23 of the Mobile Home Development Regu-
lations.
NON-CONFORMING USES
45.
(1)
Any legal use of buildings or land at the date
of the coming into effect of these Regulations
may although not conforming with the Regulations
of the Use Zone in which they are located.
(a) be continued or
(b) be changed to another non-conforming use if
after notice of an application to change the
use has been given in accordance with Regu-
1 ation 22 and consideration given to any
objections or representations which may have
been received on the matter, it is the
Authority's opinion, that the new use is
more compatible with the permitted use(s) in
the 'Use
Zone
in
which
the building is
located.
(2)
A building, which is legally used for a purpose
~ot permissible within the zone in which it is
located, shall not be enlarged, extended, recon-
structed, or altered structurally, unless such
building is thereafter to be used for a purpose
permitted within that zone, provided that:
(a)
the interior of such building may be per-
mitted by the Authority to be reconstructed
PART [J - General Development Standards
Page 31
or altered, in order to render it more con-
venient or commodious for the same purpose
for which such building is legally used;
(b)
any building which at the date of the com-
ing into effect of these Regulations is
being used in a zone where such use is not
permissible
may
be
permitted
by
the
Authority to be altered structually or
extended by not more than fifty percent
of its original floor area if such alter-
ations or extensions conform to all the
requirements of these Regulations except
those pertaining to land use, and are
confined to the existing lot;
(3) A building which is legally used for any purpose
but which does not conform to the Regulations
of the Use Zone in which it is located, and
which
subsequently suffers damage or
deterioration to an extent greater than fifty
percent of its replacement value, excluding
land, shall not be reconstructed except in
conformity with the Regulations for the Use
Zone
i~ which
such
building is located,
provided that:
(a) the owner of such building may within one
year of such
damage taking place make
application to the Authority for a permit
to reconstruct the building for the same
purpose for which it was legally used.
PART II - General Development Regulations
Page 32
(b) the Authority shall before the expiration
of sixty (60) days from the day on which a
complete
application
is
received
to
construct such a building.
i)
serve a notice of expropriation in
accordnace with the Act;
or
ii)
indicate its willingness to issue a
OFFENSIVE AND DANGEROUS USES
permit to develop providinq that the
reconstruction of the bui ldinq
conforms to all the requirements of
these Regu 1 at ions except those
pertaining to land use, and that any
such development takes place within
the existing curtilage of the lot.
46.
No building or land shall be used for any purpose
which may be dangerous by causing or promoting fires
or other hazards or which may emit noxious,
offensive or
dangerous
fumes,
smoke,
gases,
radiation, smells,
ash, dust or grit, excessive
PART II - General Development Standards
Page 33
noise or vibration, or create any nuisance that
has an unpleasant effect on the senses unless
its use is authorized by the Authority and any
other authority having jurisdiction.
OFFSTREET PARKING REQUIREMENTS
47.
(1)
For every building, structure or use to be
erected, enlarged or established, there
shall be provided and maintained a quantity
of off-street parking spaces sufficient to
ensure that the flow of traffic on adjacent
streets is not impeded by the on-street
parking of vehicles associated with that
building, structure or use.
(2)
The num~er of parking spaces to be provided
for any building, structure, use of occupancy
shall conform to the standards set out in
Schedule D of these Regulations.
(3)
Each parking space, except in the case of
one or two-family dwellings, shall be made
accessible by means of a hard surfaced right-
of-way at least 3 m in width.
Parking required
in a
Residential Zone shall be provided on
the same lot as the dwelling or dwellings.
PART II - General Development Standards
Page 34
Parking space for apartments shall be
provided in the rear yard where possible.
In a Non-Residential Zone, parking spaces
shall be provided within the limits of the
zone in which the use is situated and not
more than 200 m distant from the use con-
cerned.
(4)
The parking facilities required by this
Regulation shall, except in the case of single
or attached dwellings, be arranged so that
it is not necessary for any vehicle to reverse
onto or from a street.
(5)
Where, in these Regulations, parking facilities
for more than four vehicles are required or
permitted:
(a)
parking space shall mean an area of land,
not less than 15 m2 in size, capable of
being used for the parking of a vehicle
without the need to move other vehicles
on adjacent areas;
(b)
the parking area shall be constructed and
maintained to the specifications of the
Authority;
(c]
the lights used for illumination of the
parking area shall be so arranged as to
PART II - General Development Standards
Page 35
divert the light away from adjacent
development;
(d)
a structure, not more than 3 m in height
and more than 5 m2 in area may be erected
in the parking area for the use of
attendants in the area;
(e)
except in zones in which a service station
is a permitted use, no gasoline pump or
other service station equipment shall be
located or maintained on a parking area;
(f)
no part of any off-street parking area
shall be closer than 1.5 m to the front
lot line in any zone;
(g)
access to parking areas in non-residential
zones shall not be by way of residential
zones.
(h)
where a parking area is in or abuts a
residential zone, a natural or structural
barrier at least l m in height shall be
erected and maintained along all lot lines.
(i)
where, in the opinion of the Authority,
strict application of the above parking
requirements is impractical or undesirable,
the Authority may as a condition of a
permit require the developer to pay a
PART II - General Development Standards
Page 36
service levy in accordance with these
Regulations in lieu of the provision
of a parking area, and the full amount
of the levy charged shall be used by the
Authority for the provision and upkeep
of alternative parking facilities
within the general vicinity of the develop-
ment.
OFF-STREET LOADING REQUIREMENTS
48.
(1)
For every building, structure or use to be
erected, enlarged or established requiring
the shipping, loading or unloading of animals,
goods, wares or merchandise, there shall be
provided and maintained for the premises
loading facilities on land that is not part
of a street comprised of one or more loading
spaces, 15 m long, 4 m wide, and having a
vertical clearance of at least 4 m with direct
access to a street or with access by a drive-
way of a minimum width of 6 m to a street.
(2)
The number of loading spaces to be provided
shall be determined by the Authority.
(3)
The loading facilities required by this Regu-
lation shall be so arranged that vehicles can
PART II - General Development Standards
Page 37
manoeuvre clear of any street and so that it
is not necessary for any vehicle to reverse
onto or from a street.
PARKS ANO PLAYGROUNDS, AND CONSERVATION USES
49.
Nothing in these Regulations shall prevent the
designation of conservation areas or the establish-
ment of parks and playgrounds in any zones provided
that such parks and playgrounds are not located in
areas which may be hazardous to their use and are
not operated for commercial purposes.
SCREENING ANO LANDSCAPING
SO.
The Authority.may, in the case of
existing unsightly
development, order the owner or occupier to provide
adequate and suitable landscaping or screening;
and
for this purpose may require the submission of an
application giving details of the landscaping or
screening, and these Regulations shall then apply to
that application.
The provision of adequate and
suitable landscaping or screening may be made a con-
dition of any development permit where, in the
opinion of the Authority, the landscaping or
screening is desirable to preserve amenity, or
protect the environment.
PART II
General Development Standards
Page 38
SERVICES AND PUBLIC UTILITIES
51 1
The Authority may within any zone permit land
to be used in conjunction with the provision of
public services and public utilities if the use
of that land is necessary to the proper operation
of the public service or public utility concerned
provided that the design and landscaping of any
development of any land so used is, in the
opinion of the Authority, adequate to protect the
character and appearance of the area,
SERVICE STATIONS
52.
The following requirements shall apply to all
proposed service stations:
(a)
All gasoline pumps shall be located on
pump islands designed for such purpose,
and to which
automobiles may gain access
from either side.
(b)
Pump islands shall be set back at least
4 metres from the front lot line.
(c)
Accesses shall not be less than 7 metres
'
wide and shall be clearly marked, and
where a service station is located on a
corner lot, the minimum distance between
SIOEYARDS
PART II - General Development Standards
Page 39
an access and the intersection of street lines
at the junction shall be 10 metres and the
lot line between entrances shall be clearly
indicated.
53.
A sideyard which shall be kept clear of obstruction
shall be provided on the exposed sides of every
building in order to provide access for the mainten-
ance of that building.
STREET CONSTRUCTION STANDARDS
54.
A new street may not be constructed except in
accordance with and to the design and specific-
ations laid down by the Authority.
SUBSIDIARY APARTMENTS
SS.
Subsidiary apartments may be permitted in single
dwellings only, and for the purposes of calculating
lot area and yard requirements, shall be considered
part of the self-contained dwelling.
PART II - General Development Standards
Page 40
· UNSUBDIVIDED LAND
56.
Development is not permitted on unsubdivided
land unless sufficient 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.
ZERO LOT LINE AND OTHER COMPREHENSIVE DEVELOPMENT
57.
The Authority may, at its discretion, approve the
erection of dwellings which are designed to form
part of a zero lot line development or other compre-
hensive layout which does not, with the exception of
dwelling unit floor area, meet the requirements of
the Use Zone table in Schedule C, provided that
the dwellings are designed to provide both privacy
and reasonable access to natural daylight and the
overall density within the layout conforms to the
regulations and standards set out in the Use Zone
table apply where the layout adjoins other develop-
ment.
PART I I I - l\D\/ERTI <;Ei,E;lT~
PERMIT REQUIRED
58.
Subject to the provisions of Regulation 63, no
advertisement shall be erected or displayed in
the Planning Area unless a permit for the adver-
tisement is first obtained from the Authority.
FORM OF APPLICATION
59.
Application for a permit to erect or display
an advertisement shall be made to the Authority
in accordance with Regulation 16.
ADVERTISEMENTS PROHIBITED IN STREET RESERVATION
60.
No advertisement shall be permitted to be erected
or displayed within, on or over any highway or
street reservation.
PERMIT VALID FOR LIMITED PERIOD
61.
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
PART III
Advertisements
Page 42
may be renewed at the discretion of the Authority
for similar periods.
REMOVAL OF ADVERTISEMENTS
62.
Notwithstanding the provisions of these Regulations,
the Authority may require the removal of any advert-
isement which, in its opinion, is:
(a)
hazardous to road traffic by reason of its
siting, colour, illumination, or structural
condition;
or,
(b)
detrimental to the amenities of the surround-
ing area.
ADVERTISEMENTS EXEMPT FROM CONTROL
63.
The following advertisements may be erected or
displayed in the Planning Area without appli-
cation to the Authority:
(a)
on a dwelling or within the curtilage of
a dwelling, one nameplate not exceeding
0.2 m2 in area;
(b)
on an agricultural holding or farm, a
notice board not exceeding 1 m2 in area
and relating to the operations being con-
ducted on the land;
PART III - Advertisements
Page 43
(c)
on land used for forestry purposes, signs
or notices not exceeding 1 m2 in area and
relating to forestry operations or the
location of logging operations conducted
on the land;
(d)
on land used for mining or quarrying opera-
tions, a notice board not exceeding 1 m2 in
area relating to the operation conducted on
the land;
(e)
on a dwelling or within the curtilage of a
dwelling, one nameplate not exceeding 0.2 m2
in area in connection with the practice of
a professional person carried on in the
premises;
(f)
on any site occupied by a church, school,
library, art gallery, museum, institution or
cemetery, one notice board not exceeding
l m2 in' area.
(g)
on the principal facade of any commercial,
industrial or public building, the name of
the building or the name of the occupants
of the building, in letters not exceeding
one-tenth of the height of that facade or
3 m, whichever is the lesser.
PART III - Advertisements
Page 44
(h)
on any parking lot directional signs and
one sign not exceeding 1 m2 in size,
identifying the parking lot.
APPROVAL SUBJECT TO CONDITIONS
64.
A permit may only be issued for the erection or
display of advertisements which comply with the
appropriate conditions and specifications set
out in the Use Zone Tables in Schedule C of
these Regulations.
NON-CONFORMING USES
65.
Notwithstanding the provisions of Regulation 58,
a permit may be issued for the erection or display
of advertisements on a building or within the
curtilage of a building or on a parcel of land,
the use of which is a non conforming use, provided
that the advertisement does not exceed the size
and type of advertisement which could be permitted
if the development was in a Use Zone appropriate
to its use, and subject to any other conditions
deemed appropriate by the Authority.
PART IV
SUBDIVISION OF LAND
PERMIT REQUIRED
66.
No land in the Planning Area shall be subdivided
unless a permit for the development of the sub-
division is first obtained from the Authority.
SERVICES TO BE PROVIDED
67.
No permit shall be issued for the development
of a subdivision unless provisions satisfactory
to the Authority have been made in the appli-
cation for a supply of drinking water, a
properly designed sewage disposal system, and
a properly designed storm drainage system.
PAYMENT OF SERVICE LEVIES AND OTHER CHARGES
68.
No permit shall be issued for the development
of a subdivisi'on until agreement has been reached
for the payment of all fees levied by the
Authority for connection to services, utilities
and streets deemed necessary for the proper develop-
ment of the subdivision, and all service levies and
other charges imposed under Regulations 12 and 13.
PART IV - Subdivision of Land
Page 46
ISSUE OF PERMIT SUBJECT TO CONSIDERATIONS
69.
A permit shall not be issued when, in the opinion
of the Authority, the development of a subdivision
does not contribute to the orderly growth of the
municipality and does not demonstrate sound design
principles.
In considering an application, the
Authority shall, without limiting the generality
of the foregoing, consider:
(a)
the location of the land;
(b)
the availability of and the demand
created for schools, services, and
utilities;
(c)
the provisions of the Plan and
Regulations affecting the site;
(d)
the land use, physical form and
character of adjacent developments;
(e)
the transportation network and traffic
densities affecting the site;
(f)
the relationship of the project to
existing or potential sources of nuisance;
(g)
soil and subsoil characteristics;
(h)
the topography of the site and its drainage;
PART IV - Subdivision of Land
Page 47
(i)
natural features such as lakes, streams,
topsoil, trees and shrubs;
(j)
prevailing winds;
(kl
visual quality;
(1)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the
proposed development.
BUILDING PERMITS REQUIRED
70,
Notwithstanding the approval of a subdivision by
the Authority, a separate building permit shall
be obtained for each building proposed to be
erected in th~ area of the subdivision, and no
building permit for any building in the area
shall be issued until the developer has complied
with all the.provisions of these Regulations with
respect to the development of the subdivision.
FORM OF APPLICATION
71.
Application for a permit to develop a subdivision
shall be made to the Authority in accordance with
Regulation 16.
PART IV - Subdivision of Land
Page 48
SUBDIVISION SUBJECT TO ZONING
72.
The subdivision of land shall be permitted only
in conformity with the Use Zones delineated on
the Zoning Maps.
BUILDING LINES
73.
The Authority may establish building lines for
any subdivision street and require any new
building to be located on such building lines.
LAND FOR PUBLIC OPEN SPACE
74.
(1)
Before a development commences, the developer
shall, if required, dedicate to the Authority,
at no cost to the Authority, an area of land
equivalent to not more than 10% of the gross
2
area of the subdivision or 25 m
for every
dwelling unit permitted in the subdivision,
whichever is ~he greater, for public open space,
provided that:
(a)
where land is subdivided for any purpose
other than residential use, the Authority
shall determine the percentage of land to
be dedicated;
(b)
if, in the opinion of the Authority, no
public open space is required, the land
Amdt. 1/ 83
PART :v - Subdivision of Land
Page 49
may be used for such other public use
as the Authority may determine;
(c)
the location and suitability of any land
dedicated under the provisions of this
Regulation shall be subject to the approval
of the Authority but in any case, the
Authority shall not accept land which,
in its opinion is incapable of develop-
ment for any purpose;
(d)
the Authority may accept from the developer
in lieu of such area or areas of land the
payment of a sum of money equal to the
value of the land which would otherwise
be required to be dedicated;
(e)
money received by the Authority in accord-
ance with Regulation 74 (1) (d) above, shall
be reserved by the Authority for the purpose
of the acquisition or development of land
for public open space or other public
purpose.
(2)
Land dedicated for public use in accordance with
this Regulation shall be conveyed to the Authority
and may be sold or leased by the Authority for
the purposes of any development that conforms
with the requirements of these Regulations, and
the proceeds of any sale or other disposition of
Arndt. 2/84
PART IV - Subdivision of Land
Page SO
land shall be applied against the cost of
acquisition or development of any other land
for the purposes of public open space or other
public purposes.
(3)
The Authority may require a strip of land to
be reserved and remain undeveloped along the
banks of any river, brook or pond, and this
land may, at the discretion of the Authority,
constitute the requirement of land for public
use under Regulation 74(1).
STRUCTURE IN STREET RESERVATION
75.
The placing within any street reservation of any
structure (for example, a hydro pole, telegraph
or telephone pole, fire hydrant, mail box, fire
alarm, sign post) shall receive the prior approval
of the Authority which shall be satisfied on the
question of safe construction and relationship to
the adjoining buildings and other structures within
the street reservation.
SUBDIVISION DESIGN STANDARDS
76·
No permit shall be issued for the development of a
subdivision under these Regulations unless the design
of the subdivision conforms to the following otandards:
Amdt. 2/84
PART IV - Subdivision of Land
Page 51
(a)
The finished grade of streets shall not
exceed 10 per cent.
(b)
Every cul de sac shall be provided with
a turning circle of a diameter of not
less than 30 m.
(c)
The maximum length of any cul de sac shall
be:
i)
without emergency vehicle access
-
110 m.
ii)
with emergency vehicle access -
230 m.
(d)
Emergency vehicle access to a cul de sac shall
be not less than 3 m 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.
(g)
All street intersections shall be constructed
within s0 of a right angle and this alignment
shall be maintained for 30 m from the inter-
section.
PART IV - Subdivision of Land
P<tge 52
(h)
No street intersection shall be closer
than 60 m to any other street inter-
section.
(i)
No more than four streets shall join at
any street intersection.
(j)
No residential street block shall be
longer than 490 m between street inter-
sections.
(k)
Streets in residential subdivisions shall
be designed in accordance with the approved
standards of the Authority, but in the absence
of such standards, shall confirm to the
following minimum standards:
Street
Pave-
Side-
Side-
Reser-
ment
walk
walk
vat ion
Width
Width
Number
Arterial
30 m
15 m
1. S m Discretion
of Council
Collector Streets
20 m
15 m
1.5 m
2
Local Residential Streets
Where more than 50% of
the units are 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 Cou:icil
PART IV - Subdivision of Land
Page 53
(1)
No lot intended for residential purposes shall
have a depth exceeding four times the frontage.
(m)
Residential lots shall not be permitted which
abut a local street at both front and rear lot
lines.
(n)
The Authority may require any existing natural,
historical or architectoral feature or part
thereof to be retained when a subdivision is
developed.
(o)
Land shall not be subdivided in such a manner
as to prejudice the development of adjoining
land.
ENGINEER TO DESIGN WORKS AND CERTIFY CONSTRUCTION LAYOUT
77.
(1)
Plans and specifications for all water mains,
hydrants, sanitary sewers, storm sewers and all
appurtenances thereto and all streets, paving,
curbs, gutters and catch basins and all other
utilities deemed necessary by the Authority to
service the area proposed to be developed or
subdivided shall be designed and prepared by
or approved by the Engineer.
Such designs and
specifications shall, upon approval by the
Authority, be incorporated in the plan of sub-
division.
Amdt. 1/ 83
PART IV - Subdivision of Land
Page- 54
(2)
Upon approval by the Authority of the
proposed subdivision, the Engineer shall
certify all work of construction layout
preliminary to the construction of the
works and thereupon the developer shall
proceed to the construction and installation,
at his own cost and in accordance with the
approved designs and specifications and the
construction layout certified by the Engineer,
of all such water mains, hydrants, sanitary
sewers and all appurtenances and of all such
streets and other works deemed necessary by
the Authority to service the said area.
DEVELOPER TO PAY ENGINEER'S FEES AND CHARGES
78.
The developer shall pay to the Authority all the
Engineer's fees and charges for the preparation
of designs and specifications and for the layout
and supervision of construction;
such fees and
charges being percentages of the total cost of
materials and labour for the construction and
installation of all works calculated in accordance
with the Schedule of Fees recommended by the
Association of Professional Engineers of Newfouund-
land and in effect at the time the work is carried
out.
STREET WORKS MAY BE DEFERRED
PART IV - Subdivision of Land
Page 55
79.
The construction and installation of all curbs
and gutters, catch basins, sidewalks and paving
specified by the Authority as being necessary,
may, at the Authority's discretion, be deferred
until a later stage of the work on the develop-
ment of the subdivision but the developer shall
deposit with the Authority before approval of
his application, an amount estimated by the
Engineer as reasonably sufficient to cover the
cost of construction and installation of the works.
In the later stage of the work of development, the
Authority shall call for tenders for the work of
construction and installation of the works, and
the amount so deposited by the developer shall be
applied towards payment of the contract cost.
If
the contract cost exceeds the deposit, the developer
shall pay to the Authority the amount of the excess.
I
If the contract price is less than the deposit, the
Authority shall refund the amount by which the
deposit exceeds the contract price.
Any amount so
deposited with the Authority by the developer shall
be placed in a separate savings account in a bank
and all interest earned thereon shall be credited
to the developer.
PART IV - Subdivision of Land
Page. 56
TRANSFER OF STREETS AND UTILITIES TO AUTHORITY
80.
(1)
The developer shall, following the approval
of the subdivision of land and upon request
of the Authority, transfer to the Authority,
at no cost to the Authority, and clear of
all liens and encumbrances:
(a)
all lands in the area proposed to
be developed or subdivided which
are approved and designated by the
Authority for public use as streets,
or other rights-of-way, or for other
public use;
(b}
all services or public works including
streets, water supply and distribution
and sanitary and storm drainage systems
installed in the subdivision that are
normally owned and operated by the
I
Authority.
(2)
Before the' Authority shall accept the transfer
of lands, services or public works of any
subdivision, the Engineer shall, at the
cost to the developer, test the streets,
services and public works installed in the
subdivision and certify his satisfaction with
their installation.
PART IV - Subdivision of Land
Page 57
(3)
The Authority shall not provide maintenance
for any street, service or public work in
any subdivision until such time as such
street, service or public work has been
transferred to and accepted by the Authority.
RESTRICTION ON SALE OF LOTS
81.
The developer shall not develop or dispose of any
lot within a subdivision for the purposes of develop-
ment and no building permit shall be issued until
the Authority is satisfied that:
(a)
the lot can be served with satisfactory
water supply and sewage disposal systems;
and,
(b)
satisfactory access to a street is provided
for the lots.
GROUPING OF BUILDINGS AND LANDSCAPING
82.
(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.
Arndt.
1/8~
PART IV - Subdivision of Land
Page-58
(2)
Building groupings, once approved by the
Authority, shall not be changed without
written application to and subsequent
approval of the Authority.
PART V - USE ZONES
USE ZONES
83.
(l)
For the purpose of these Regulations, the
Planning Area is divided into Use Zones
which are shown on the Zoning Map attached
to and forming part of these Regulations.
(2)
Subject to Regulation 83(3), the permitted
use classes, discretionary use classes,
standards, requirements and conditions applic-
able to each Use Zone are set out in the Use
Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions
applicable in a Use Zone· are not set out in
the Use Zone Tables in Schedule C, the Authority
may in its discretion, determine the standards,
requirements and conditions which shall apply.
USE CLASSES
84.
The specific uses to be included in each Use Class
set out in the Use Zone Tables in Schedule C shall
be determined by the Authority in accordance with the
classification and examples set out in Schedule B.
PART V -
Use Zones
Page 60
PERMITTED USES
85.
Subject to these Regulations, the uses that
fall within the Permitted Use Classes set
out in the appropriate Use Zone Table in
Schedule C shall be permitted by the Authority
in that Use Zone.
DISCRETIONARY USES
86.
Subject to these Regulations, the uses that fall
within the Discretionary Use Classes set out in
the appropriate Use Zone Table in Schedule C may
be permitted in that Use Zone if the Authority
is satisfied that the development would not be
contrary to the general intent and purpose of
these Regulations, the Municipal Plan, or any
further scheme or plan or regulation pursuant
thereto, and to ·the public interest, and if the
Authority has given notice of the application
in accordance ~ith Regulation 22 and has considered
any objections or representations which may have
been received on the matter.
USES. NOT PERMITTED
87.
Uses that do not fall within the Permitted Use
Classes or Discretionary Use Classes set out in
the appropriate Use Zone Tables in Schedule C,
shall not be permitted in that Use Zone.
SCHEDULE A
DEFINITIONS
"ACCESS" means a way, intended for use by vehicles,
pedestrians or animals as a means of going from a
road, street or highway to land adjacent to it.
"ACCESSORY BUILDING" means a detached subordinate
building not used for human habitation, located on
the same lot as the main building structure or use
to which it is accessory, the use of which is naturally
or customarily incidental and complementary to the main
use of the building, land or structure, and shall include:
a)
In the case of residential uses:
domestic
garages, carports, ramps, sheds, swimming
pools, greenhouses, cold frames, fuel sheds,
vegetable storage cellars, shelters for
domestic pets, or radio and television antennae.
b)
In the case of commercial uses:
workshops
or garages.
c)
In the case of industrial uses:
garages,
offices, raised ramps and docks.
"ACT" means the Urban and Rural Planning Act.
SCHEDULE A - Definitions
Page 2
"ADVERTISEMENT" means any word, letter, model, sign,
placard, board, notice, device or representation,
whether illuminated or not, in the nature of and
employed wholly or in part for the purposes of advertise-
ment, announcement or direction;
excluding such thing
employed wholly as a memorial, or functional advertise-
ment of Councils, or other local authorities, public
utilities and public transport undertakers, and
including any hoarding or similar structure used or
adapted for use for the display of advertisements.
"AGRICULTURE" means horticulture, fruit growing, grain
growing, seed growing, dairy farming, the breeding or
rearing of livestock, including any creature kept for
the production of food, wool, skins, or fur, or for
the purpose of its use in the farming of land, the use
of land as grazing land, meadow land, osier land,
market gardens and nursery grounds and the use of land
for woodlands where that use is ancillary to the
farming of land for any other purpose, and "agricultural"
shall be construed accordingly.
"AMUSEMENT USE" means the use of land or buildings
equipped for the playing of electronic, mechanical,
or other games and amusements including electronic
games, pin ball games and slot machine arcades and
billiard and pool·~alls.
SCHEDULE A - Definitions
Page 3
"ANIMAL UNIT" means any one of the following animals
or groups of animals:
l Bull
1000 Broiler Chickens or roasters
(1.8-2.3 kg each)
1 Cow (including calf)
100 Female Mink
(including associated males and kits)
100 Female Rabbits
(including associated males and litter)
4 Goats
X Hogs (based on 4$3.6 kg = 1 unit)
l Horse (including foal)
125 Laying Hens
4 Sheep (including lambs)
1 Sow or Breed Sow
(including weaners and growers based
on 453.6 kg = 1 unit)
x Turkeys, Ducks, Geese
(based on 2,268 kg= 1 unit).
"APARTMENT BUILDING" means a building containing three
or more dwelling units, but does not include a row
dwelling.
"APPEAL BOARD" means the appropriate Appeal Board estab-
lished 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.
SCHEDULE A - Definitions
Page 4
"BOARDING HOUSE" means a dwelling in which at least
2 rooms are regularly rented to persons other then
the immediate family of the owner or tenant,
"BUILDING" means every structure, erection, excavation,
alteration or improvement whatsoever placed on, over
or under land, or attached, anchored or moored to
land, and includes mobile structures, vehicles and
marine vessels adapted or constructed for residential,
commercial, industrial and other like uses, and any
part of a building as so defined and any fixtures that
form part of a building.
"BUILDING LINE" means a line established by the
Authority to set the horizontal distance between the
closest point of a building and the street line.
"COLLECTOR STREET" means a street that is designed to
link local streets with arterial streets and which is
designated as a collector street in the Municipal Plan,
or on the Zoning Map.
"DAY CARE CENTRE" or "DAY NURSERY" means a building or
part of a building in which services and activities are
regularly provided to children of pre-school age during
the full daytime period as defined under the Day Nurseries
Act, but does not include a school as defined by the
Schools Act.
SCHEDULE A - Definitions
Page S
"DEVELOPMENT" means the carrying out of any building,
engineering, mining or other operations in, on, over,
or under land, or the making of any material change in
the use, or the intensity of use of any land, buildings,
or premises and without limiting the generality of the
foregoing, shall specifically include:
a)
the making of an access onto a highway,
road or way;
b)
the erection of an advertisement or sign;
c)
the parking of a trailer, or vehicle of
any description used for the sale of
refreshments or merchandise, or as an
office, or for living accommodation, for
any period of time.
and shall exclude:
d)
the carrying out of works for the maintenance,
e)
improvement or other alteration or any building,
being works which affect only the interior of
the building or which do not materially affect
the external appearance or use of the building;
the carrying out by a highway authority of any
works required for the maintenance or improve-
ment of a road, being works carried out on land
within the boundaries of the road reservation;
f)
the carrying out by any local authority or
statutory undertakers of any works for the
purpose of inspecting, repairing or renewing
any sewers, mains, pipes, cables or other
apparatus, including the breaking open of any
street or other land for that purpose;
SCHEDULE A - Definitions
Page 6
g)
the use of any building or land within
the curtilage of a dwelling house for any
purpose incidental to the enjoyment of
the dwelling house as such.
"DIRECTOR" means the Director of Urban and Rural
Planning.
"DOUBLE DIVELLING" means a building containing two
dwelling units, placed one above the other, or side
by side, but does not include a self-contained dwelling
containing a subsidiary apartment.
"DWELLING UNIT" means a self-contained unit consisting
of one or more habitable rooms used or designed as the
living quarters for one household.
"ENGINEER" means a professional engineer employed or
retained by the Authority.
"FAMILY AND GROUP CARE CENTRE" means a dwelling
accommodating up to but no more than six (6) persons
exclusive of staff in a home-like setting.
Subject
to the size limitation, this definition includes,
but is not limited to, the facilities called "Group
Homes", "Halfway House", and "Foster Home".
SCHEDULE
~ · Definitions
Page 7
"FLOOR AREA" means the total area of al 1 'floors in a
building measured to the outside face of exterior walls.
"FRONTAGE" means the horizontal distance between side lot
lines measured at the building line.
"FRONT YARD DEPTH" means the distance between the front
lot line of a lot and the front wall of the main building
on the lot.
"GARAGE" means a building erected for the storage of motor
vehicles as an ancillary use to a main building on the
lot.
"GENERAL H1DUSTRY". r.ieans the use of land or buildings
for the purpose of storing, assembling, altering, repairing,
manufacturing, fabricating, packing, canning, preparing,
breaking up, demolishing, or treating any article, commodity
or substance;
and "industry" shall be construed accordingly.
"GENERAL GARAGE" means land or buildings used exclusively
for repair, maintenance and storage of motor vehicles
and may includa the sale of gasoline or diesel oil.
"HAZARDOUS INDUSTRY" means the use of land or buildings
for industrial purposes involving the use of materials or
SCHEDULE A - Definitions
Page·8
processes which because of their inherent character-
istics, constitute a special fire, ixplosion, radiation
or other hazard.
"INSPECTOR" means any person appointed and engaged as
an Inspector by the Authority or by any federal or
provincial authority or the agent thereof.
"INSTITUTION" means a building or part thereof occupied
or used by persons who:
(a)
are involuntarily detained, or detained
for penal or correctional purposes, or
whose liberty is restricted;
or
(b)
require special care or treatment because
of age, mental or physical limitations or
medical conditions.
"LAND" includes land covered by water, and buildings and
structures on, over, or under the soil and fixtures that
form part of these buildings and structures.
"LIGHT INDUSTRY" means use of any land or buildings for
any general industrial use that can be carried out with-
out hazard or intrusion and without detriment to the
amenity of the surrounding area by reason of noise,
vibration, smell, fumes, smoke, grit, soot, ash, dust,
glare or appearance.
SCHEDULE A - Definitions
Page 9
"LOCAL STREET" means a street designed primarily to
provide access to. adjoining land and which is not
designated as a collector street or arterial street
in the Municipal Plan, or on the Zoning Map.
"LODGING HOUSE" means a dwelling in which at least
2 rooms are regularly rented to persons other than
the immediate family of the owner or tenant.
"LOT" means any plot, tract or parcel of land which
can be considered as a unit of.land for a particular
use or building.
"LOT COVERAGE" means the combined area of all buildings
on the lot measured at the level of the lowest floor
above the established grade expressed as a percentage
of the total area of the lot.
"LOT AREA" means the total horizontal area within the
lot lines of the lot.
"MINERAL WORKING" means land or buildings used for the
working or extraction of any naturally occurring sub-
stance.
"MOBILE HOME" means a transportable factory-built single
family dwelling unit:
(a)
which complies with space standards
substantially equal to those laid down
in the Canadian Code for Residential
SCHEDULE A - Definitions
Page 1 O
Construction and is in accordance with
the construction standards laid down
and all other applicable Provincial
and Municipal Codes;
and,
(b)
which is designed to be:
(i)
transported on its own wheels and
chassis to a mobile home lot, and
subsequently supported on its own
wheels, jacks, posts or piers, or
on a permanent foundation;
and,
(ii)
connected to exterior public
utilities approved by the Authority,
namely, piped water, piped sewer,
electricity and telephone, in order
for such mobile home unit to be
suitable for year round term
occupancy.
"MOBILE HOME PARK" means a mobile home development under
single or joint ownership, cared for and controlled by a
mobile home park operator where individual mobile home
lots are rented or leased with or without mobile home
units placed on them and where ownership and responsibility
for the maintenance 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 is
classified as a mobile home park oy the Authority.
SCHEDULE A - Definitions
Page 11
"MOBILE HOME SUBDIVISION" means a mobile home develop-
ment requiring the subdivision of land whether in single
or joint ownership into two or 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 where the mobile home development is classified as
a mobile home subdivision by the Authority.
"OWNER" means any person, firm or corporation controlling
the property under consideration.
"PIT AND QUARRY WORKING" carries the same meaning as
Mineral Working.
"REAR YARD DEP'l!H" means the distance between the rear
lot line and the rear wall of the main building on the
lot.
"RESTAURANT" means a building or part thereof, designed
or intended to be used or occupied for the purpose of
serving the general public with meals or refreshments
for consumption on the premises.
"ROW DWELLING" means three or more dwelling units at
ground level in one building, each unit separated
vertically fr~m the others.
SCHEDULE A - Definitions
Page 12
"SEASONAL RESIDENCE" means a dwelling which is
designed or intended for seasonal or recreational
use, and is q.ot intended for use as permanent living
quarters.
''SERVICE STATION'' means any land or building used
exclusively for the sale of petroleum products,
automotive parts and accessories, minor repairs,
washing and polishing of motor vehicles.
"SERVICE STREET" means a street constructed parallel
to or close to another street for the purpose of
limiting direct access to that street.
''SHOP'' means a building or part thereof used for retail
trade wherein the primary purpose is the selling or
offering for sale of goods, wares .or merchandise by
retail or the the 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 comple-
mentary uses with integrated parking and which is planned,
developed and designed as a unit containing a minimum of
5 retail establishments.
SCHEDULE A - Definitions
Page 13
"SIDEYARD WIDTH" means the distance between a side lot
line and the nearest side wall of any building on the
lot.
"SHOWROOM" means a building or part of a building in
which samples or patterns are displayed and in which
orders may be taken for goods, wares or merchandise,
including vehicles and equipment, for later delivery.
"STREET" means any street, road or highway or any other
way designed or intended for public use for the passage
of vehicles and pedestrians, owned by the Authority or
other public agency and maintained at public expense,
and is accessible to Fire Department vehicles and equip-
ment.
"STREET LINE" means the edge of a street, road or highway
reservation as defined by the authority having jurisdiction.
"SUBDIVISION" means the dividing of any land, whether in
single or joint ownership, into two or more pieces for
the purpose of deve1opment.
"SUBSIDIARY APARTMENT" means a separate dwelling unit
constructed within and subsidiary to a self-contained
dwelling.
"TAKE-OUT FOOD SERVICE" means a building in which the
primary purpose is the preparation and sale of meals or
SCHEDULE A - Definitions
Page.14
refreshments for consumption off the premises.
"TAVERN" includes a nightclub and means a building
licensed or licensable under the Liquor Control Act
wherein meals and food may be served for consumption
on the premises and in which entertainment may be
provided,
"USE ZONE" or "ZONE" means an area of land including
buildings and water designated on the Zoning Map to
which the uses, standards and conditions of a particular
Use Zone Table in Schedule C of the Regulations relate.
"ZONING MAP" means the map or maps attached to and form-
ing part of the Regulations.
NOTE:
A.
'
SCl'EDIJLE B
CLASSIF!CAT!O~ OF USES OF
LA~D AND BUILDINGS
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, 1980.
This classification is referred to in Regulation 84,
GROUP
DIVISION
CLASS
EXAMPLES
ASSEMBLY
1.
Assembly Uses
(a) Theatre
Motion Picture Theatres
USES
intended for
Theatres
the production
T.V. Studios admitting
and viewing of
an audience.
the performing
arts.
2.
General
(a) Cultural
Libraries
Assembly
and
Museums
Uses
Civic
Art Galleries
, Court Rooms
Meeting Rooms
Council Chambers
(b) General
Community Halls
Assembly
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowling Alleys
(c)
Educational
Schools
Colleges
(non r~sidential)
(d) Place
Churches and similar
of
places of worship.
Worship
Church Halls
(e) Passenger Passenger Terminals.
Assembly
(f) Club
Private Clubs and
and Lodge
Lodges
. d
. l)
(non res1 ent1a
Amdt. 2/84
'
SCHEDULE B
2
CLASSIFICATION OF USES OF LAND AND BUILDINGS
I
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
2.
General
(g) Catering
Restaurants
USES
Assembly
Bars
(continued)
Uses
Lounges
(continued)
(h) Funeral
Funeral Homes and
Home
Chapels.
( i) Child
'
Day Care Centres
Care
(j) Amusement
Electronic Games
Arcades
Pi~ball Parlours
Poolrooms
-
3.
Arena-.type
(a) Indoor
Arenas
Uses
Assembly
Armouries
Ice Rinks
Indoor Swimming Pools
4.
Open-air
(a) Outdoor
Bleachers
Assembly
Assembly
Grandstands
Uses
Outdoor Ice Rinks
and Swimming Pools
Amusement Parks
and Fair-grounds
Exhibition Grounds
Drive-in Theatres
B. INSTITUTIONAL
1.
Penal and
(a) Penal
Jails
USES
Correctional
and
Penitentiaries
Institutional
Correctional
Police Stations with
Uses
Detention
detention quarters
Prisons
Psychiatric Hospitals
"''h ,,,~~
quarters
Reformatories
B.
c.
SCLEDULL B
3
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
INSTITUTIONAL
2. Special Care
(a) Medical
Children's Homes
USES
Institutional
Treatment
Convalescent Homes
(continued)
Uses
and
Homes for the Aged
Special
Hospitals
Care
Infirmaries
Orphanages
Psychiatric Hospitals
Sanatoria
RESIDENTIAL
1.
Residential
(a) Single
Single Detached
USES
Dwelling
Dwelling
Dwellings
Uses
Family and Group Homes
I
(b) Double
Semi-detached Dwellings
Dwelling
Duplex Dwellings
Family and Group Homes
(c) Row
Row Houses
Dwelling
Town Houses
Family and Group Homes
{d) Apartment
Apartments
Building
Family and Group Homes
2. General
{a) Collective Residential Colleges
Residential
Residential
and Schools
Uses
University and College
Halls of Residence
Convents and
Monasteries
Nurses and Hospital
Residences
SCllEDULE
~
-I
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
c. RESIDENTIAL
2. General
(b) Boarding
Boarding Houses
USES
Residential
!louse
Lodging Houses
(continued)
Uses
Residential
(continued)
(c) Commercial
Hotels and Motels
Residential
Hostels
Residential Clubs
(d) Seasonal
Summer Homes and
Residential
Cabins
Hunting and Fishing
Cabins
(6) Mobile
Mobile Homes
1-iomes
D.
BUSINESS AND
1. Business,
(a) Office
Offices, including
PERSONAL
Professional,
Government Offices
SERVICE USES
and Personal
Banks
Service Uses
(b) Medical
Medical Off ices and
and
Consulting Rooms
Professional
Dental Offices and
Surgeries
Legal Offices
Similar Professional
Offices
(c) Personal
Barbers
Service
Hairdressers
Beauty Parlours
Small Appliance Repairs
(d] General
Self-service Laundries
Service
Dry Cleaners (not using
flammable or explosive
substances)
Small Tool and Appli-
ance Rentals
Travel Agents
I
D.
E.
SCHLIJULE B
5
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
BUSINESS AND
1. Business,
( e) Communi-
Radio Stations
PERSONAL
Professional
cations
Telephone Exchanges
SERVICE USES
and Personal
(continued)
Service Uses
(continued)
(f) Police
Police Stations
Station
without detention
quarters
·-
(g) Taxi
Taxi Stands
Stand
(h) Take-out
Take~out Food Service
Food
Service
(i) Veterinary
Veterinary Surgeries
MERCANTILE
1. Retail . Sa 1 e
(a) Shopping
Shopping Centres
USES
and Display
Uses
Centre
(b) Shop
Retail Shops and
Stores and Showrooms
Department Stores
(c) Indoor
Market Hal ls
Market
Auction Halls
SCllEUULE B
- 6 -
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
E. MERCANTILE
1.
Retail Sale
(d) Outdoor
Market Grounds
USES
and Display
Market
Animal Markets
(continued)
Uses
Produce and Fruit
(continued)
Stands
Fish Stalls
( e) Convenience
Confect ionary Stores
Store
Corner Stores
Gift Shops
Specialty Shops
F.
INDUSTRIAL
l. Industrial
(a) Hazardous
Bulk Storage of
USES
uses involving
Industry
flammable and
highly
hazardous liquids
combustible
and substances.
and hazardous
Chemical Plants
substances
Distilleries
and processes
Fee\! Mills
Lacquer, Mattress,
Paint, Varnish, and
Rubber Factories
Spray Painting
2. General
(a) General
Factories
Industrial
Industry
Cold Storage Plants
Uses involving
Freight Depots
limited
General Garages
hazardous
Warehouses
substances
Workshops
and
Laboratories
processes
Laundries
Planing Mills
Printing Plants
Contractors' Yards
(b) Service
Gasoline Service
Station
Stations
Gas Bars
3. Light, Non-
(a) Light
Light Industry
hazardous or
Industry
Parking Garages
Non-intrusive
Indoor Storage
Industrial Uses
Warehouses,
Workshons
SCliEDUL[ 3
7
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G. NON-BUILDING
1. Uses not
(a)
USES
directly
Agriculture
Commercial Farms
related to
Hobby Farms
Buildings
Market Gardens and
Nurseries
(b) Forestry
Tree Nurseries
Silviculture
( c) Mineral
Quarries
Working
Pits
Mines
Oil Wells
(dj
Recreational
Playing Fields
Open Space
Spor~s 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
Car Wrecking Yards
Yard
Junk Yards
Scrap Dealers
SCHEDULE B
s -
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G. NON-BUILDING
l. Uses not
(h) Solid
Solid Waste Disposal
USES
directly
Waste
Sanitary Land Fill
(continued)
related
Incinerators
to
Buildings
(continued)
(i) Animal
Animal Pounds
Kennels
Zoos
I
(j) Antenna
TV, Radio, and
Communications
Transmitting and
Receiving Masts and
Antennae
(k) Trans-
Airfields
portation
Railway Yards
Docks and Harbours
SCHEDULE "C"
USE ZONE TABLES
NOTE:
This schedule contains tables showing the use classes which may be permit-
ted or which may be treated as discretionary use classes for the purposes
of these Regulations.
The tables also indicate the required standards of
development and may also include conditions affecting some or all of the
use classes.
The schedule contains tables for the following Use Zones:
Residential -
Low Density ..--..-.....-..-....-. 2
Resident ia 1
Unserviced ....................... 5
Commercial
-
General-------------------------- 8
Commercial
- Highway ........ , ................ 10
Industrial
- General ......................... 12
Industria 1
-
Marine .......................... 14
Public Buildings·························~···· 16
Recreational Open Space ---..-.---..---.----.-. 18
Conservation .................................. 19
Watershed Conservation------------------------ 20
Rural·············-------------···········~··· 21
Schedule of Street Reservations ------.----..-. 25
CONDITION APPLYING TO ALL USE ZONES
Archaeological Finds:
In the event of an archaeological find occurring as a result of develop-
ment in any use zone, development of the site will cease and the developer
will immediatly notify the' Authority of the find.
The Authority will
immediately contact the Historic Resources Division of the Department of
Culture, Recreation and Youth for advice as to appropriate action -
.
'
ZONE TITLE
PERMITTED USE CLASSES
USE ZONE TABLE
RESIDENTIAL -
LOW DENSITY
-
(see Regulation 85)
SCHEDULE "C"
Page 2
Single dwelling, double dwelling, recreational open space, conservation.
DISCRETIONARY USE CLASSES -
(see Regulations 22 and 86)
Row dwelling, apartment building, subsidiary apartment, boarding house,
place of worship, educational, child care,
medical and professional,
personal service, convenience store, antenna.
STANDARDS
WITH PIPED SERVICES
WHERE
PERMITTED
**
APARTMENT BUILDING
1
2
3
4
Single
Double
Row
Bedroom
Bedroom
Bedroom
Bedroom
Dwelling
Dwelling
Dwelling
Apt.
Apt,
Apt.
Apt.
2
Lot area (m )
650
550
450
300
400
450
500
(minimum)
*
*
*
*
*
*
(average)
Floor area (m2)
90
85
80
so
60
70
80
(minimum)
*
*
*
*
~<
*
Frontage (m)
20
35
14
42
(minimum)
(average)
Building Line
8
8
10
10
Setback (m)
(minimum)
Sideyard Width (m)
1.5
1. 5
1.5
5
(minimum)
Rearyard Depth (m)
15
15
15
15
(minimum)
Lot coverage ( 7.)
33
33
33
33
(maximum)
Height (m)
8
8
10
10
( See Conditions )
*Per dwelling unit.
** See Condition 2 for unserviced locations.
' .
CONDITIONS FOR RESIDENTIAL LOW DENSITY ZONE
SCHEDULE "G"
Page 3
1.
Access
Each building lot is required to have direct frontage on a public road.
2.
Unserviced Locations
Where piped municipal water and sewer services are not yet directly
available or are only partly available, the building lot area is
required to comply with Condition 1 of the Residential - Unserviced Zone
and discretionary uses are limited to -
subsidiary apartment, boarding
house and child care uses only.
3.
Residential Density
In each fully serviced Residential Low Density Zone there shall be not
more than 20% apartment units, row housing units or a combination of
apartment and row housing units, the remainder being either single or
double dwellings or a combination of single and double dwellings.
4,
Discretionary Uses
The discretionary use classes listed in this table may be permitted at
the discretion of the Authority provided that they are complementary to
uses within the permitted use classes or that their development will not
inhibit or prejudice the existence or the development of such uses.
5.
Subsidiary Apartment
One subsidiary apartment may be permitted in a single dwelling and, for
the purposes of calculating lot area and yard requirements, shall be
considered part of the single dwelling.
provision shall be made for at
least two off-street parking spaces.
Minimum floor area requirements
for a subsidiary apartment are 40 square metres for a one-bedroom unit
plus 10 square metres for each additional bedroom.
6.
Educational Uses
The only educational uses that may be permitted on a discretionary basis
are elementary schools.
7,
Convenience Stores
·,
Convenience stores will only be permitted as a discretionary use under
the following conditions'
(i)
The store shall form part of, or be attached to a
single
(ii)
The retail use shall be subsidiary to the residen-
tial character of the area, and shall not affect
residential amenities of adjoining properties.
(iii) Off-street parking for at least two automobiles shall
be provided for the use of customers.
(iv)
The maximum floor area of a convenience store shall
be 40 square metres.
SCHEDULE "C"
Page 4
8.
Medical, Professional and Personal Service Uses
Medical, professional and personal service uses may be permitted only in
conjunction with single dwellingsand may be in the form of doctors'
consulting rooms, personal services,
small business services,
small
appliance repair and sporting goods repair service and similar uses
provided that:
(i)
The use is clearly subsidiary to the residential
use and does not detract
from the residential
character of the neighbourhood.
(ii)
No wholesale sales or storage of goods is carried
out, any retail sales are incidential and subsid-
iary to the approved use and that no repairs to
vehicles or heavy equipment are carried out.
(iii) Activities associated with the use are not hazard-
ous and do not cause noticeable noise, odour, dust
or fumes, or inconvenience and are not a nuisance
to the occupants of adjoining residences.
(iv)
Not more than twenty-five
(25)
total floor area of the dwelling
of 45 square metres is devoted to
percent
up to a
the use.
of the
maximum
( v)
The minimum required floor area of the dwe 11 ing
shall continue to be met.
9.
Accessory Buildings
·,
Accessory buildings shall have a lot coverage no greater than 7% and a
height of not more than 3 metres.
USE ZONE TABLES
ZONE TITLE
RESIDENTIAL-UNSERVICED
PERMITTED USE CLASSES (see Reg. 85)
Single Dwelling, double dwelling, recreational
open space, conservation4
DISCRETIONARY USE CLASSES
(see Regs. 22 & 86
Subsidiary apartment, mobile borne, cbild care~
medical and professional, personal service,
convenience store, antenna.
SCHEDULE "C"
Page 5
Tbe Residential-Unserviced Zone ls intended to regulate development within
presently unserviced areas to wbich full municipal services are expected to
be extended during the period of the plan.
When municipal water, sewer and
street services are directly available to sites within an area so desig-
nated, provisions of the Residential-Medium Density Zone will apply.
STANDARDS
Where
Permitted
Single
Double
Mobile Home
Dwelling
Dwelling
2
Lot area **(m )
(a) 1400
(a) 1400*
(a) 1400
(minimum)
(b) 1860
(b) 1860*
(b) 1860
Floor area (m2)
90
85
***
(minimum)
*
Frontage (m)
20
35
20
(minimum)
*
Building Line
8
8
8
Setback (m) (minimum)
Sideyard Widtb (m) (minimum)
5
5
5
Rearyard Depth (m) (minimum)
15
15
15
Lot coverage (%)
15
15
15
(maximum)
*
Height (m)
8
8
***
(See Conditions)
*. ' Per dwel lin g unit.
*** See Condition 4 - Mobile Home
**
See Condition 1
Lot Area
CONDITIONS FOR RESIDENTIAL UNSERVICED ZONE
SCHEDULE "C"
Page 6
1.
Lot Area
Subject to the requirements of the Department of Health, the minimum
area of land required per dwelling unit shall be determinied, in
accordance with the water and sewer services available, as follows:
(a)
With a well water suppy and connection
to a municipal sewer or to a private
sewer discharging directly to the sea ------- 1400
2
m
(b)
With a well water supply and sewage
2
disposal by septic tank and tilefield ------- 1860 m
2.
Road Frontage
Each building lot l.s required to have direct frontage on
road capable of being used year round by service and
vehicles, and each dwelling shall be serviced by
an
pedestrian access.
a public
emergency
adequate
3.
Subsidiary Apartment
One subsidiary apartment may be permitted in a single dwelling and,
for the purposes of calculating lot area and yard requirements,
shall be considered part of the single dwelling.
Provision shall be
made for at least two off-street parking spaces.
Minimum ·floor area
requirements for a subsidiary apartment are 40 square metres for a
one-bedroom unit plus 10 square metres for each additional bedroom.
4.
Mobile Home
A mobile home shall conform in all respects to the definition of
"Mobile Home" set forth in Schedule A.
No other discretionary use
may be permitted in conjunction with a mobile home.
6.
Convenience Stores
A convenience store may be permitted as a discretionary use only
under the following conditions:
(i)
The store shall form part of, or be attached to a
single dwelling.
(ii) The retail use shall be subsidiary to the residen-
tial character of the area, and shall not affect
residential amenities of adjoining properties.
(iii) Off-street parking for at least two automobiles
shall be provided for the use of customers.
(iv)
The maximum floor area of a convenience store shall
be 80 square metres.
7.
Medical, Professional and Personal Service Uses
"
Medical, professional and p!!rsonal service uses may be permitted
only in conjunction with single dwellings and may be in the form of
doctors'
consulting
rooms,
personal
services,
small
bus lness
services, sma 11 app licance and sporting goods repal.r and similar
uses, provided that:
SCHEDULE "C"
Page 7
(i)
The use is clearly sibsidiary to the residential use
and does not detract from the residential character
of the neighbourhood.
(ii)
No wholesale sales or storage of goods is carried out,
any retail sales are incidential and subsidiary to the
approved use, and that no repairs to vehicles or heavy
equipment are carried out.
(iii) Activities associated with the use are not hazardous
and do not cause noticable noise, odor, dust or
or
inconvenience
and
are
not
a
nuisance
occupants of adjoining residences.
fumes,
to
the
(iv)
Not more than twenty-five (25) per cent of the total
floor area of the dwelling up to a maximum of 45 square
metres is devoted to the use.
(v)
The minimum required floor area of the dwelling shall
continue to be met.
8.
Accessary Buildings
Accessory buildings shall have a lot coverage no greater than 7% and
a height of not more than 3 metres.
9.
Discretionary Use Classes
The discretionary use classes listed in this table
at
the
discretion
of
the
Authority
provided
complementary to
uses within the permitted use
their development will not prejudice the existence
such uses.
may be permitted
that
they
are
classes or that
or development of
ZONE TITLE
USE ZONE TABLES
COMMERCIAL -
GENERAL
SCHEDULE "C"
Page 8
PERMITTED USE CLASSES
(see Regulation 85)
Theatre, catering, child care, all classes in the
business and personal service uses group and in
the mercantile uses group (except shopping center
and outdoor market), conservation.
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
All classes in the general assembly uses division,
commercial residential, shopping centre, outdoor
market, light industry, service station, recreational
open space, antenna.
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
(a)
Minimum Building Line Setback shall conform with similar
commercial uses in the vicinity, but where none are
present the Setback shall be determined by the Authority.
(b)
Minimum Sideyard Width, except where
buildings are built with adjoining
party walls
5 metres
(c)
Minimum Rearyard Depth
10 metres
(d)
Maximum Height
15 metres
Development may be permitted only on land which has direct frontage on a
public road and where municipal water and sewer services are directly
available.
2.
Advertisements Relating to Onsite Uses
' ' ; "
The conditions which shall apply to the erection or display of an adver-
tisement on any lot or site occupied by a use permitted or existing as a
legal non-conforming use in this zone shall be as follows:
(i)
The size, shape, illumination and material construc-
tion of the advertisement shall meet the require-
ments of the Authority, having regard to the safety
and convenience of users of adjacent streets and
sidewalks and the general amenities of the surround-
ing area.
SCHEDULE "C"
Page 9
(ii)
No advertisement shall exceed 5 square metres in
area.
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an adver-
tisement on any site, relating to a use permitted in this or another
zone or not relating to a specific land use, shall be as follows:
(i)
Each advertisement shall not exceed 3 square metres
in area.
(ii)
When the advertisements relate to a specific land
use, they shall be located within a reasonable dis-
tance of, and only show thereon the name and nature
of and the distance or direction to the premises to
which they relate.
(iii)
The location , siting and illumination of each ad-
vertisement shall be to the satisfaction of the
Authority, 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.
4,
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at
the discretion of the Authority provided that they are complementary to
uses within the permitted use classes or that their development will not
inhibit or prejudice the existance or the development of such uses.
5.
Light lndustry
Light industry is limited to such as are clearly subsidiary and related
to a permitted use
and may
include repair services,
warehousing,
workshops and other light industrial uses of a similar type.
1.
SCHEDULE "C"
Page 10
USE ZONE TABLES
ZONE TITLE
COMMERCIAL -
HIGHWAY
PERMITTED USE CLASSES
(see Regulations 85)
Catering, commercial residential, service station,
conservation.
OlSCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Personal service, general service, taxi stand, take out
food service, indoor market, outdoor market,
convenience store, recreational open space, antenna.
CONDITIONS
DeveloEment Standards
The development standards for this zone shall be as follows:
(a)
Minimum Building Line Setback
15 metres
(b)
Minimum Sideyard Width
5 metres
(c)
Minimum Rearyard Depth
10 metres
(d)
Maximum Height
10 metres
Development may be permitted only on land which has direct frontage on a
public road and where municipal water and sewer services are directly
available,
2.
Advertisement Relating to Onsite Uses
. ' ' .
'
The conditions which shall apply to the erection or display of an adver-
tisement on any lot or site occupied by a use permitted or existing as a
legal non-conforming use in this use zone shall be as follows:
(i)
The size, shape, illumination and material construc-
tion of the advertisement shall meet the require-
ments of the Authority, having regard to the safety
and convenience of users of adjacent streets and
sidewalks and the general amenities of the surround-
ing area.
(ii)
No advertisement shall exceed 5 square metres in
area .
SCHEDUf,E "C"
Page 11
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an
advertisement on any site, relating to a use
p~rmitted in this or
another zone, or not relating to a specific land use, shall be as
follows:
( i) Each advertisement shall not exceed 3
square
metres in area.
(ii)
When the advertisements relate to a
specific
land
use,
they
shall
be
located
within
a
reasonable distance of, and only show thereon
the name and nature of and the distance or
direction to the premises to which they relate.
(iii)
The location, sit ing and i1 lumlnat ion of each
advertisement shall be to the satisfaction of
the Authority, 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.
4,
Discretionary Use Classes
The discreationary use classes listed in this table may be permitted
at the discretion of the, Authority provided that they are comple-
mentary to uses within the permitted use classes or that their
development wi 11 not inhibit or prejudice the existence or the
development of such uses -
.
'
1.
USE ZONE TABLES
ZONE TITLE
INDUSTRIAL -GENERAL
PERMITTED USE CLASSES (see Regulation 85)
General industry, light industry, conservation.
SCHEDULE 'C"
page 12
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Shop, scrap yard, antenna.
CONDITIONS
Development Standards
The development standards for this zone shall be as follows:
(a)
Minimum Building Line Setback
20 metres
(b)
Minimum Sideyard Width
5 metres
(c)
Minimum Rearyard Depth
15 metres
(d)
Maximum Height
15 metres
Development may be permitted only on land which has direct frontage on a
pub lie road,
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an adver-
tisement 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:
(1)
The size, shape, illumination and material con-
struction of the advertisement shall meet the
requirements of the Authority, having regard to
the safety and convenience of users of adjacent
streets and sidewalks and the general amenities
of the surrounding area.
(ii)
No advertisement shall exceed 5 square metres in
area.
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertise-
ment on any site, relating to a use permitted in this or another zone or
not relating to a specific land use, shall be as follows:
(i) Each advertisement shall not exceed 3 square metres in area.
(ii) When the advertisements relate to a specific land use, they
shall be located within a reasonable distance of, and only
show thereon the name and nature of and the distance or
~i
direction to, the premises to which they relate.
'
SCHEDULE 'C"
Page 13
4.
Services
Industrial development shall not be permitted in this zone unless
adequate services and fire fighting capability designed to meet the
needs of the particular industrial uses permitted, are available.
5.
Outdoor Storage
Outdoor storage is not permitted in front yards but may be permitted
in side yards and/or back yards.
The Authority may require fencing
or other forms of screening or protection where quantity or type of
material openly stored would present an unsightly appearence or
could be hazardous to public safety.
6.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted
at the discretion of the Authority provided that they are comple-
mentary to uses within the permitted use classes or that their
development will not inhibit or prejudice the existance or the
development of such uses.
7.
Shops
.
'
A shop may only be permitted as a discretionary use under the
following conditions:
(i)
The shop shall form part of or be attached to a general
industry or light industry use.
(ii) The shop use shall be related to the general industry or
light industry use of which it is a part -
USE ZONE TABLES
ZONE TITLE
INDUSTRIAL -
MARINE
PERMITTED USE CLASSES
(see Regulation 85)
Fishery and other marine-related general and light
industry and transportation, conservation.
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Fishery and marine-related hazardous industry, office,
catering, passenger assembly, indoor market,
outdoor market, antenna
CONDITIONS
SCHEDULE 'C"
Page 14
1.
Development Standards
The development standards for this zone shall be as follows:
(a)
Minimum Building Line Setback
Determined
By The Authority
(b)
Minimum Sideyard Width
5 metres
(c)
Minimum Rearyard Depth
Determined
By The Authority
(d)
Maximum Height
Determined
By The Authority
or such higher standards as may be prescribed in the National Building
Code of Canada, depending on the specific use of the building.
Development may be permitted only on land which has direct frontage on a
public road.
However, ,,all or a portion of the parking required in
accordance with Schedule '11011 of these Regulations may be provided in a
conveniently accessible location near, but not necessarily on, the site
occupied by the permitted use.
2.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an
advertisement on any lot or site occupied by a use permitted or existing
as a legal non-conforming use in this use 2one, shall be as follows:
(i) The si2e, shape, illumination and material construc-
tion of the advertisement shall meet the requirements
of the Authority, having regard to the safety and
convenience of users of adjacent streets and sidewalks
and the general amenities of the surrounding area.
~;
(ii)
No advertisement shall exceed 5 square metres in area -
-
SCHEDULE 'C"
Page 15
3.
Advertisements Relating to Offsite Uses
The
conditions
to
be
applied
to
the erection or display of
an
advertisement on any site, relating to a use permitted in this or
another zone or not relating to a specific land use, shall be as
follows-
(i)
Each advertisement shall not exceed 3 square metres in
area.
(ii)
When the advertisements relate to a specific land use,
they shall be located within a reasonable distance of,
and only show thereon the name and nature of and the dis-
tance or direction to th~ premises to which they relate.
(iii) the location, siting and illumination of each advertise-
ment shall be to the satisfaction of the Authority,
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.
4.
Services
Industrial development shall not be permitted in this zone unless ade-
quate services and fire fighting capability, designed to meet the needs
of the particular industrial uses permitted, are available.
5.
Discretionary use Classes
The discretionary use classes listed in this table may be permitted at
the discretion of the Authority provided that they are complementary to
uses within the permitted use classes and that their development will
not inhibit or prejudice the existence or the development of such uses.
In particular, - the catering use class is limited to uses de~igned and
intended to be operated in a manner clearly dependent on
proximity to the shoreline and marine-related activity to
attract customers.
- passenger assembly use class is intended e~clusively in
support of marine passenger transportation.
-
indoor and outdoor market uses are limited to the
development of facilities for the retail sale of ocean
products.
6.
Storage of Flammable Liquids
- i -
All uses and structures for the onsite bulk storage of flammable liquids
shall conform to the requirements of the Provincial Fire Commissioner
and shall be surrounded by such buffers and landscaping as the Authority
may require in order to prevent damage to adjacent uses in the event of
fire, explosion or spillage of flammable liquid -
1.
USE ZONE TABLES
ZONE TITLE
PUBLIC BUlLDINCS
PERMITTED USE CLASSES (see Regulation 85)
Cultura 1 and civic, educational, place of worship,
recreational open space, conservation.
SCHEDULE "C"
Page 16
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
General assembly, club and lodge, funeral home, child
care, medical and professional, convenience store,
antenna.
CONDITIONS
Development Standards
The development standards for this zone shall be as follows:
(a)
Minimum Building Line Setback
10 metres
(b)
Minimum Sideyard Width
5 metres
(c)
Minimum Rearyard Depth
15 metres
(d)
Maximum Height
15 metres
(e)
Development may be permitted only on land which has direct
frontage on a public road.
(£) Off-street parking and provision for drop-off and pick-up
of persons shall be provided in accordance with Schedule D.
(g)
Provision of landscaping, fencing, screening and other
features deemed necessary to preserve the safety and
amenity of adjoining land uses and to provide an aes-
thetically pleasing public appearance.
2.
Advertisement Relating to Onsite Uses
"
'
The conditions which shall apply to the erection or display of an
advertisement on any lot or site occupied by a use permitted or existing
as a legal non-conforming use in this use zone, shall be as follows:
(i)
The size, shape, illumination and material construc-
tion of the advertisement shall meet the require-
ments of the Authority, having regard to the safety
and convenience of users of adjacent streets and
sidewalks and the general amenities of the surround-
ing area,
(ii) No advertisement shall exceed 5 square metres in
area.
SCHEDULE "C"
Page 17
3.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erction or display of an advertise-
ment on any site, relating to a use permitted in this or another zone or
not relating to a specific land use, shall be as ·follows:
(i)
Each advertisement shall not exceed 3 square metres
in area.
(ii)
When the advertisements relate to a specific land
use, they shall be located within a reasonable dis-
tance of, and only show thereon the name and nature
of and 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 the
Authority, having regard to the gr.ace and alignment
of streets, the location of street jum:tlons, the
location of nearby buildings and the preservation
of the amenities of the surrounding area.
4.
Office Permitted Use Class
The office permitted use class is restricted to office buildings intend-
ed to accommoate governmental, public utility, banking, medical clinic
or similar regionally significant services.
5.
Discretionary Use Classes
i
'
The discretionary use classes listed ln this table may be permitted at
the discretion of the Authority provided that they are complimentary to
uses within the permitted use classes or that their development will not
inhibit or prejudice the existence or development of such uses.
SCHEDULE "C"
Page 18
USE ZONE TABLES
ZONE TITLE
RECREATIONAL OPEN SPACE
PERMITTED USE CLASSES (see Regulation 85)
Recreational open space
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Indoor assembly, outdoor assembly, take-out food service,
convenience store; antenna.
CONDITIONS
1.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at
the discretion of the Authority provided that they are complementary to
uses within the permitted use classes or that their development will not
inhibit or prejudice the existence or the development of such uses.
2.
Take-out Food Service and Convenience Store
"
These discretionary uses may be permitted only where directly related
and clearly subsidiary to a permitted recreational use, provided the
Authority is assured that the operator will maintain the premises in a
suitable state of cleanliness.
SCHEDULE "C"
Page 19
USE ZONE TABLES
ZONE TITLE
CONSERVATION
PERMITTED USE CLASSES (see Regulation 85)
Conservation
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Recreational open space, agriculture; forestry,
mineral working, cemetery
CONDITIONS
1.
Discretionary Use Classes
Discretionary use classes listed in this table may be permitted sub-
ject to the discretion of the Authority being satisfied that the
proposed development will not significantly diminish the environ-
mental quality of the area or reduce downstream water quality.
In the case of mineral working, the Authority may permit quarrying
or extraction of ore from bedrock by underground mining techniques,
subject to conditions prescribed for mineral working as set forth in
the Rural Zone schedule of conditions.
2.
Archaeological Finds
·,
In the event of an archaeological find occurring as a result of
development in this or any other use zone, development of the site
will cease and the developer will immediately notify the Authority
of the find.
The Authori.ty will immediately contact the Historic
Resources Division of the Department of Culture, Recreation and
Youth for advice as to appropriate action.
- .
ZONE TITLE
PERMITTED USE
Conservation
ZONE USE TABLES
WATERSHED CONSERVATION
CLASSES (see Regulation 85)
SCHEDULE "C"
Page 20
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
None
SCHEDULE "C"
Page 21
USE ZONE TABLES
ZONE TITLE
RURAL
PERMITTED USE CLASSES (see Regulation 85)
Agriculture, forestry, animal, conserv~tion
DISCRETIONARY USE CLASSES
(see Regulations 22 & 86)
Single dwelling, veterinary, general industry,
mineral working, recreational open space, cemetery,
antenna.
CONDITIONS -
GENERAL
1.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an
advertisement on any lot or site occupied by a use permitted or existing
as a legal non-conforming use in this use zone, shall be as follows:
(i) The size, shape, illumination and material construc-
tion of the advertisement shall meet the requirements
of the Authority, having regard to the safety and con-
venience 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.
2.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an adver-
tisement on any site, relating to a use permitted in this or another
zone or not relating ta a specific land use, shall be as follows:
(i)
Each advertisement shall not exceed 3 square metres in
area.
(ii) When the advertisements relate to a specific land use,
they shall be located within a reasonable distance of,
and only show thereon the name and nature of and the
distance or direct ion to the premises to which they
relate.
(iii) The location, siting and illumination of each ad-
vertisement
shall
be
to
the
satisfaction of
the
Authority, having regard to the grace and alignment of
streets, the location of street junctions, the loca-
tion of nearby buildings and the preservation of the
amenities of the surrounding area.
SCHEDULE "C"
Page 22
3.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at
the discretion of the Authority provided that they are complementary and
clearly subsidiary to uses within the permitted use classes or, for dis-
cretionary use classes other than single dwelling, that their develop-
ment will not inhibit or prejudice the existence or the development of
such uses, and, in the case of general industry, that it be restricted
to maintenance and repair of equipment, processing and storage related
to agriculture or forestry uses, or the development of such other rural
resource based industry as the Authority may determine to be compatible
with the rural environment.
4.
Buffer Separation
(i)
Unless the Authority is satisfied that a permitted or
discretionary use will not adversely affect the water
quality, public access or immediate natural environ-
ment of adjacent waterbodies or watercourses,
the
proposed use shall not be located closer than 50
metres from such waterbody or watercourse.
(ii)
No development for residential use shall be per-
mitted within 600 m of a structure designed to con-
tain more than five animal units unless the develop-
ment is first approved by the Department of Rural,
Agricultural and Northern Development.
CONDITIONS -
MINERAL WORKING
1.
Separation From Adjacent Uses
Unless the Authority is satisfied that a mineral working will not create
a nuisance and will not adversely affect the amenity of a specified
development or natural feature, no mineral working shall be located
closer than the minimum distances set out below to the specified devel-
opment or natural feature.
Existing or proposed residential development
Any other developed area or area likely to be
developed during the life of the pit or
quarry working.
Public highway or street,
Protected Road
Waterbody or watercourse
2.
Screening
Minimum Distance of
Pit or Quarry Working
300 metres
150 metres
50 metres
90 metres
50 metres
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 working:
(a)
Where tree screens exist between the mineral working
and adjacent public highways and streets or other land
uses (except in 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
~
operation from the surrounding uses or streets will be
SCHEDULE "C"
Page 23
prevented.
The tree screens must be maintained by the
owner or occupier of the mineral working to retain 30
metres in a forested appearance.
Where vegetation
dies or is removed
from the 30 metre strip, the
Authority may require new trees of a minimum height of
1 metre to be planted to fill in the area affected to
the satisfaction of the Authority or at the discretion
of the Authority, condition 5(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 from any part of the mineral working opera-
ti.on from adjacent public highways and streets.
The
berms
shall
be
landscaped
to
the
Authority's
satisfaction.
(c)
Where natural topography creates a visual screen be-
tween 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, the
Authority may refuse to permit the mineral working or
associated activity.
3,
Fencing
The Authority may require a mineral working site of 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.
4.
Water Pollution
No mineral working or associated storm or sanitary drainage shall unac-
ceptably reduce the quality of water in any waterbody or watercourse.
Any access road to a pit and quarry working which crosses a brook or
stream shall be bridged or culverted at the crossing in accordance with
the Regulations of the Department of Environment.
5.
Water Ponding
No mineral working shall' result in the excavation of areas below the
level of the water table nor in any way cause the accumulation or
ponding of water in any part of the site,
Settling ponds may
be
permitted with the approval of the Department of Environment.
6.
Erosion Control
No mineral working shall be carried out in a manner so as to cause
erosion of adjacent land.
7.
Site Maintenance
·,
The mineral working shall be kept clean of refuse, abandoned vehicles,
and abandoned equipment and any derelict buildings.
8.
Access Roads
SCHEDULE "C"
Page 24
During extended periods of shutdown, access roads to a mineral working
shall be ditched or barred to the satisfaction of the Authority.
9.
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 uncleared areas and 10 metres from active quarry or stock-
pile areas.
The owner or operator shall ensure that the quality of the
topsoil is not affected by dilution with other materials.
10. Operating Plant and Associated Processing and Manufacturing
The Authority may permit processing and manufacturing use associated
with mineral workings provided that, in the opinion of the Authority,
the use does not create a nuisance nor is liable to become a nuisance or
offensive by the creation of noise or vibration, or by reason of the
emission o[ fumes, dust, dirt, objectionable odor, or by reason of
unsightly storage of materials.
11. 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.
12. The Authority may specify a minimum separation distance between opera-
ting plant or associated processing and manufacturing structure or
equipment and adjace11t developed areas likely to be developed during the
life of the mineral working.
13. Termination and Site Rehabilitation
Upon completion of the mineral working, the following work shall be
carried out by the operator:
(a)
All buildings, machinery and equipment shall be removed.
(b)
All pit and quarry slopes shall be graded to slopes less
0
than 20
or to the slope conforming to that existing
prior to the mineral working.
(c)
Topsoil and any organic materials shall be respread over
the entire quarried area.
(d)
The access road to the working shall be ditched or barred
to the satisfact~on of the Authority.
14. If the mineral working contains reserves of material sufficient to
support further extraction operations, the Authority may require the
work described above to be carried out only in areas of the site where
extraction has depleted aggregate reserves -
..
SCHEDULE "C"
Page 25
SCHEDULE OF STREET RESERVATIONS
TYPE
RESERVATION
APPLICABLE STREETS
WIDTH
Highway/Arterial
30 m
Highway 510
Collector Street
20 m
None
Local Street
15 m
All streets, excepting existing
streets determined by resolution
of council to be minor streets.
Minor Streets
10 m
Existing local streets where, for
practical purposes, a wider street
reservation cannot be provided, as
determined by resolution of Council.
0..
::i
ail
<!>
A
SCHEDULE "D"
OFF-STREET PARKING REQUIREMENTS
1.
The offstreet parking requirements for uses in the
various use classes set out in Schedule B shall be
as set out in the following table.
2,
In the case of developments including uses in more
than one use class, these standards shall be regarded
as cumulative.
3.
Adequate offstreet provision for drop-off and pick-up
~
....
Cl.I ....
>
....
Q
l
2
of persons shall be provided in developments where
required, such as uses within the educational, passenger
assembly, child care, medical treatment and special
care, commercial residential and take-out food service
use classes.
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
(a)
Theatre
One space for every 5 seats.
(a)
Cultural and
One space for every 50 square
Civic
metres of gross floor area.
(b)
General
One space for every 10 square
Assembly
metres of gross floor area.
Schools -
2 spaces for every class-
room.
( c)
Educational
Further education - 1 space for
every 5 persons using the facilities
(students, faculty and staff).
(d)
Place of
One space for every s seats.
Worship
(e)
Passenger
As specified by the Authority.
Assembly
(f)
Club and
One space for every 3 persons that
Lodge
may be accommodated at one time.
SCHEDULE "0"
(g)
Catering
One space for every 3 customers that
may be accommodated at one time.
(h)
Funeral Home
One space f.or every 10 square metres
of gross floor area.
(i)
Child Care
One space for every 20 square metres
of gross floor area.
(j)
Amusement
One space for every 10 square metres
of gross floor area.
3
(a)
Indoor
One space for every 10 spectators
Assembly
that may be accommodated at one time.
4
(a)
Outdoor
As specified by the Authority
Assembly
B
1
(a)
Penal and
Correctional
As specified by' the Authority.
Detention
2
(a)
Medical
Treatment and
One space for every 2 patients.
Special Care
c
l
(a)
Single
Dwelling
Two spaces for every dwelling unit.
(b)
Double
Dwelling
Two spaces for every dwelling unit.
(c)
Row
Two spaces for every dwelling unit.
Dwelling
(d)
Apartment
Three spaces for every 2-dwelling
Building
units.
2
(a)
Collective
As specified by the Authority.
Residential
(b)
Commercial
One
for every guest room.
Residential
space
(c)
Seasonal
One space for every residential
Residential
unit.
(d)
Mobile Home
Two spaces for every dwelling unit.
SC!lCDULC "D"
D
1
(a)
Office
One space for every 20 square metres
of gross floor area.
(b)
Medical and
One space for every 20 square metres
Professional
of gross floor area.
(c)
Personal
One space for every 20 square metres
Service
of gross floor area.
(d)
General
One space for every 20 square metres
Service
of gross floor area.
(e)
Communications As specified by the Authority
(f)
Police
As specified by the Authority.
Station
(g)
Taxi
As specified by the Authority.
Stand
(h)
Take-out
One
for every 20 square metres
Food
space
Service
of gross floor area.
(i)
Veterinary
One space for every 20 square metres
of gross floor area.
E
1
(a)
Shopping
One space for every IS square metres
Centre
of gross floor area.
(b)
Shop
One space for every 20 square metres
of gross floor area.
(c)
Indoor
As specified by the Authority.
Market
(d)
Outdoor
As specified by the Authority.
Market
(e)
Convenience
One space for every 20 square metres
Stores
of gross floor area.
F
l
(a)
Hazardous
One
for
employee.
Industry
space
every
2
(a)
Gen era l
One
for every employee.
Industry
space
(b)
Service
One space for every 20 square metres
Station
of gross floor area
3
(a)
Light
One
Industry
space for every employee.