Town of Witless Bay Development Regulations 2013-2023 (Consolidated March 27, 2026)
Witless Bay, Newfoundland and Labrador
· adopted 2016-06-24
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TOWN OF WITLESS BAY
DEVLOPMENT REGULATIONS
2013-2023
TABLE OF CONTENTS
Regulation
Page #
APPLICATION
I.
Short Title
1
2.
interpretation
1
3.
Commencement
1
4.
Municipal Code and Regulations
1
5.
Authority
1
PART I - GENERAL REGULATIONS
6.
Compliance with Regulations
2
7.
Permit Required
2
8.
Permit to be Issued
2
9.
Permit Not to be Issued in Certain Cases
2
10.
Discretionary Powers of Authority
3
I1.
Variances
3
12.
Notice of Variance
4
13.
Service Levy
4
14.
Financial Guarantees by Developer
5
15.
Dedication of Land for Public Uses
6
16.
Reinstatement of Land
6
17.
Form of Application
6
18.
Register of Application
7
TABLE OF CONTENTS
19.
Deferment of Application
7
20.
Approval in Principle
7
21.
Development Permit
8
22.
Reasons for Refusing Permit
9
23.
Notice of Right to Appeal
10
24.
Appeal Requirements
10
25.
Approval Registration
I
I
26.
Development Prohibited
11
27.
Appeal Board
12
28.
Appeals
12
29.
Hearing Notice and Meetings
14
II
30.
Hearing of Evidence
14
31.
Return of Appeal Fee
15
32.
Notice of Application
15
33.
Right of Entry
15
34.
Record of Violations
16
35.
Stop Work Order and Prosecution
16
36.
Delegation of Power
16
PART II - GENERAL DEVELOPMENT STANDARDS
37.
Accesses and Service Streets
17
38.
Accessory Buildings
17
39.
Advertisements
17
e
40.
Buffer Strips
18
TABLE OF CONTENTS
41.
Building Height
18
42.
Building Line and Setback
18
43.
Family and Group Care Centres
19
44.
Height Exceptions
19
45.
Livestock Structures and Uses
19
46.
Lot Area
20
47.
Lot Area and Size Exceptions
20
48.
Lot Frontage
21
49.
Non-Conforming Uses
21
50.
Offensive and Dangerous Uses
23
51.
Off-street Parking Requirements
23
52.
Off-street Loading Requirements
25
53.
Parks and Playgrounds and Conservation Uses
25
54.
Screening and Landscaping
25
55.
Services and Public Utilities
26
56.
Service Stations
26
57.
Sideyards
26
58.
Street Construction Standards
27
59.
Subsidiary Apartments
27
60.
Unsubdivided Land
27
61.
Zero Lot Line and Other Comprehensive Development
27
PART III - ADVERTISEMENTS
62.
Permit Required
28
VI
TABLE OF CONTENTS
63.
Form of Application
28
64.
Advertisements Prohibited in Street Reservation
28
65.
Permit Valid for Limited Period
28
66.
Removal of Advertisements
28
67.
Advertisements Exempt from Control
29
68.
Approval Subject to Conditions
30
69.
Non-Conforming Uses
30
PART IV - SUBDIVISION OF LAND
70.
Permit Required
30
71.
Services to be Provided
30
72.
Payment of Service Levies and Other Charges
3 I
73.
Issue of Permit Subject to Considerations
31
74.
Building Permits Required
32
75.
Form of Application
32
76.
Subdivision Subject to Zoning
32
77.
Building Lines
32
78.
Land for Public Open Space
32
79.
Structure in Street Reservation
34
80.
Subdivision Design Standards
34
81.
Engineer to Design Works and Certify Construction Layout
36
82.
Developer to Pay Engineers Fees and Charges
36
83.
Street Works May be Deferred
36
84.
Transfer of Streets and Utilities to Authority
37
TABLE OF CONTENTS
85.
Restriction on Sale of Lots
38
86.
Grouping of Dwellings and Landscaping
38
PART V - USE ZONES
87.
Use Zones
39
88.
Use Classes
39
89.
Permitted Uses
39
90.
Discretionary Uses
40
91.
Uses Not Permitted
41
SCHEDULES
SCHEDULE A: Definitions
SCHEDULE B: Classification of Uses of Land and Buildings
SCHEDULE C: Use Zone Tables
SCHEDULE D: Off-Street Parking Requirements
SCHEDULE E: Land Use Zoning Maps
Application
Page 1
TOWN OF WITLESS BAY MUNICIPAL PLAN
LAND USE, ZONING, SUBDIVISION AND ADVERTISEMENT REGULATIONS
(DEVELOPMENT REGULATIONS)
APPLICATION
1. Short Title
These Regulations may be cited as the Witless Bay Development Regulations.
2. Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings ascribed to
them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings which are
commonly assigned to them in the context in which they are used in the
Regulations.
3. Commencement
These Regulations come into effect throughout the Witless Bay Municipal Planning Area,
hereinafter referred to as the Planning Area, on the date of publication of a notice to that
effect in the Newfoundland and Labrador Gazette.
4. Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code, and
any other ancillary code and any Building Regulations, Waste Disposal Regulation and/or
any other municipal regulations regulating or controlling the development, conservation
and use of land in force in the Town of Witless Bay, shall, under these Regulations apply
to the entire Planning Area.
5. Authority
In these Regulations, "Authority" means the Council of the Town of Witless Bay.
PART I - GENERAL REGULATIONS
6. Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance with
these Regulations.
7. Permit Required
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.
8. Permit to be Issued
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
requirements 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;
(b)
the standards set out in the Building Code and/or other ancillary codes, and any
Building Regulations, Waste Disposal Regulations, and/or any other municipal
regulation in force in the Planning Area regulating or controlling development,
conservation and use of land and buildings;
(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.
Part 1- General Regulations
3
9. Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle 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 of construction of the services deemed
necessary by the Authority and such cost shall attach to and upon the property in respect
of which it is imposed.
10. Discretionary Powers of Authority
(1)
In considering an application for a permit or for approval in principle to carry out
development, the Authority shall take into account the policies expressed in the
Municipal Plan and any further scheme, plan or regulations pursuant thereto, and
shall assess the general appearance of the development of the area, the amenity of
the surroundings, availability of utilities, public safety and convenience, and any
other considerations which are, in its opinion, material, and notwithstanding the
conformity of the application with the requirements of these Regulations, the
Authority may, in its discretion, and as a result of its consideration of the matters
set out in this Regulation, conditionally approve or refuse the application.
(2)
An authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the authority's
regulations as discretionary, permitted or prohibited uses for that area
11. Variances
(I)
Where an approval or permit cannot be given by the Authority because a proposed
development does not comply with development standards set out in development
regulations, the Authority may, in its discretion, vary the applicable development
standards to a maximum of 10% if, in the authority's opinion, compliance with
Part I - General Regulations
4
the development standards would prejudice the proper development of the land,
building or structure in question or would be contrary to public interest.
(2)
The Authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
would have a cumulative effect that is greater than a 10% variance even though
the individual variances are separately no more than 10%.
(3)
The Authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing
development.
12. Notice of Variance
Where the Authority is to consider a proposed variance, the Authority shall give written
notice of the proposed variance from development standards to all persons whose land is
in the immediate vicinity of the land that is the subject of the variance, and allow a
minimum period of 7 days for response.
13. Service Levy
(1)
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 carrying out of public works either
on or off the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Authority of constructing or improving the public works referred to
in Regulation 13(1) that are necessary for the real property to be developed in
Part I - General Regulations
5
accordance with the standards required by the Authority and for uses that are
permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
(a)
the amount of real property benefited by the public works related to all the
real property so benefited; and,
(b)
the density of development made capable or increased by the public work.
(4)
The Authority may require a service levy to be paid by the owner of the real
property;
(a)
at the time the levy is imposed;
(b)
at the time development of the real property commences;
(c)
at the time development of the real property is completed; or,
(d)
at such other time as the Authority may decide.
14. Financial Guarantees by Developer
(1)
The Authority may require a developer before 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 14(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, or;
(f)
another form of financial guarantee that the Authority may approve.
Part I - General Regulations
6
15. Dedication of Land for Public Use
In addition to the requirements for dedication of land under Regulation 78, the Authority
may require the dedication of a percentage of the land area of any subdivision or other
development for public use, and such land shall be conveyed to the Authority in
accordance with the provisions of the Act.
16. Reinstatement of Land
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.
17. Form of Application
(1)
An application for a development permit or for approval in principle shall be
made only by the owner or by a person authorized by the owner to 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 supply to every applicant a copy of the application forms
referred to in Regulation 17(1) and a description of the plans, specifications and
drawings required to be provided with the application and any information or
requirements applicable to the application.
Part - General Regulations
7
18. Register of Application
The Authority shall keep a public register of all applications for development, and shall
enter therein the Authority's decision upon each application and the result of any appeal
from that decision.
19. Deferment of Application
(1)
The Authority may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations which have
not been determined by the Authority and on which a decision has not been com-
municated to the applicant within eight weeks of the receipt thereof by the
Authority, and on which consideration has not been deferred in accordance with
Regulation 18(1), shall be deemed to be refused.
20. Approval in Principle
(1)
The Authority may grant approval in principle for the erection, alteration or
conversion of a building if, after considering an application for approval in
principle made under these Regulations, it is satisfied that the proposed develop-
ment is, subject to the approval of detailed plans, in compliance with these
Regulations.
(2)
Where approval in principle is granted under this Regulation, it shall be subject to
the subsequent approval by the Authority of such details as may be listed in the
approval in principle, which shall also specify that further application for approval
of these details shall be received not later than two years from the grant of
approval in principle.
Part I - General Regulations
8
21. Development Permit
(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 any other regulations or statutes; and from compliance
with all conditions imposed thereunder.
(2)
The Authority may attach to a permit or to approval in principle such conditions
as it deems fit in order to ensure that the proposed development will be in
accordance with the purposes and intent of these Regulations.
(3)
Where 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.
(5)
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
Part I - General Regulations
9
being carried out in the event that the same is in violation of this or any other
regulations or statute.
(6)
The Authority may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the permit was
issued in error or was issued on the basis of incorrect 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 in
being done for which a permit has been issued, a copy of the permit and any plans,
drawings or specifications on which the issue of the permit was based during the
whole progress of the work, or the doing of the matter or thing until completion.
22. Reasons for Refusing Permit
The Authority shall, when refusing to issue a permit or attaching conditions to a permit,
state the reasons for so doing.
23. Notice of Right to Appeal
Where the Authority makes a decision that may be appealed under section 42 of the Act,
the Authority shall, in writing, at the time of making that decision, notify the person to
whom the decision applies of the:
(a) person"s right to appeal the decision to the board;
(b) time by which an appeal is to be made;
(c) right of other interested persons to appeal the decision; and
(d) manner of making an appeal and the address for the filing of the appeal.
Part I - General Regulations
10
24. Appeal Requirements
(1)
The secretary of the Appeal Board at the Department of Municipal and Provincial
Affairs, Main Floor, Confederation Building (West Block), P.O. Box 8700, St.
John" s, Nfld., A 1B 4J6 is the secretary to all Appeal Boards in the province and
an appeal filed with that secretary within the time period referred to in subsection
42(4) of the Act shall be considered to have been filed with the appropriate
Appeal Board.
(2)
The fee required under section 44 of the Act shall be paid to the Appeal Board
that hears the decision being appealed by filing it with the secretary referred to in
subsection (1) or (2) within the 14 days referred to in subsection 42(4) of the Act.
(3)
The Appeal Board that hears the decision being appealed shall, subject to
subsection 44(3) of the Act, retain the fee paid to the Appeal Board.
(4)
Where an appeal of a decision and the required fee is not received by an Appeal
Board in accordance with this section and Part VI of the Act, the right to appeal
that decision shall be considered to have been forfeited.
25. Appeal Registration
(I)
Upon receipt of an appeal and fee as required under the Act and these regulations,
the secretary of the Appeal Board as referred to in subsections 24(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the Appeal Board shall notify
the Authority of the appeal and shall provide to the Authority a copy of the appeal
and the documentation related to the appeal.
Part I - General Regulations
11
(3)
Where the Authority has been notified of an appeal that Authority shall within one
week of notification forward to the appropriate board a copy of the application
being appealed, all correspondence, council minutes, plans and other relevant
information relating to the appeal including the names and addresses of the
applicant and other interested persons of whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate authority, a
notice that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
26. Development Prohibited
(1)
Immediately upon notice of the registration of an appeal the Authority shall ensure
that any development upon the property that is the subject of the appeal ceases.
(2)
Sections 102 and 104 of the Act apply to the Authority acting under subsection
(1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, the Authority shall not carry out work related
to the matter being appealed.
27. Appeal Board
(1)
The minister may, by order, establish an Appeal Board and shall assign to the
Appeal Board a specific area of the province over which it shall have jurisdiction,
as outlined in section 40, of the Act.
Part I - General Regulations
Page 12
28. Appeals
(1)
A person or an association of persons aggrieved of a decision that, under the
regulations, may be appealed, may appeal that decision to the appropriate Appeal
Board where the decision is with respect to
(a) an application to undertake a development;
(b) a revocation of an approval or a permit to undertake a development;
(c) the issuance of a stop work order; and
(d) a decision permitted under the Act or another Act to be appealed to the board.
(2)
A decision of the Authority to adopt, approve or proceed with a municipal plan, a
scheme, development regulations and amendments and revisions of them is final
and not subject to an appeal.
(3)
An Appeal Board shall not make a decision that does not comply with the
municipal plan, a scheme and development regulations that apply to the matter
being appealed.
(4)
An appeal shall be filed with the Appeal Board not more than 14 days after the
person who made the original application appealed from has received the decision
being appealed.
(5)
An appeal shall be made in writing and shall include
(a) a summary of the decision appealed from;
(b) the grounds for the appeal; and
(c) the required fee.
(6)
A person or group of persons affected by the subject of an appeal or their
representatives may appear before an Appeal Board and make representations
Part I - General Regulations
Page 13
concerning the matter under appeal.
(7)
An Appeal Board may inform itself of the subject matter of the appeal in the
manner it considers necessary to reach a decision.
(8)
An Appeal Board shall consider and determine appeals in accordance with the Act
and the municipal plan, scheme and regulations that have been registered under
section 24, of the Act, and having regard to the circumstances and merits of the
case.
(9)
A decision of the Appeal Board must comply with the plan, scheme or
development regulations that apply to the matter that has been appealed to that
board.
(10)
In determining an appeal, an Appeal Board may confirm, reverse or vary the
decision appealed from and may impose those conditions that the board considers
appropriate in the circumstances and may direct the Authority to carry out its
decision or make the necessary order to have its decision implemented.
(11)
Notwithstanding subsection (10), where the Authority may, in its discretion, make
a decision, an Appeal Board shall not make another decision that overrules the
discretionary decision.
(12)
The decision of a majority of the members of an Appeal Board present at the
hearing of an appeal shall be the decision of the Appeal Board.
(13)
An Appeal Board shall, in writing notify the appellant and the appropriate
Authority of the decision of the Appeal Board.
Part II - General Development Standards
14
29. Hearing Notice and Meetings
(1)
An Appeal Board shall notify the appellant, applicant, authority and other persons
affected by the subject of an appeal of the date, time and place for the appeal not
fewer than 7 days before the date scheduled for the hearing of the appeal.
(2)
An Appeal Board may meet as often as is necessary to conduct its work in an
expeditious manner.
30. Hearing of Evidence
(1)
An Appeal Board shall meet at a place within the area under its jurisdiction and
the appellant and other persons notified under regulation 29(1) or their
representative may appear before the Appeal Board and make representations with
respect to the matter being appealed.
(2)
An Appeal Board shall hear an appeal in accordance with section 43 of the Act
and these regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be considered to have been provided in the same
manner as evidence directly provided at the hearing of the Appeal Board.
(4)
In the conduct of an appeal hearing, the Appeal Board is not bound by the rules of
evidence.
31. Return of Appeal Fee
Where an appeal made by an appellant under section 42 of the Act, is successful, an
Part - General Development Standards
15
amount of money equal to the fee paid by that appellant under regulation 24(2) shall be
paid to him or her by the Authority.
32. Notice of Application
The Authority may, and when a variance is necessary under Regulation 11 and the
Authority wishes to consider whether to authorize such a variance, when a change in
nonconforming use is to be considered under Regulation 49, or when the development
proposed is listed as a discretionary use in Schedule C of the Regulations shall, at the
expense of the applicant, give notice of an application for a permit or for approval in
principle, by public advertisement in a newspaper circulating in the area or by any other
means deemed necessary, and under Regulation 12 and the Authority shall give written
notice of the proposed variance from development standards to all persons whose land is
in the immediate vicinity of the land that is the subject of the variance, and allow a
minimum period of 7 days for response.
33. Right of Entry
The Authority, the Director, or any inspector may enter upon any public or private land
and may at all reasonable times enter any development or building upon the land for the
purpose of making surveys or examinations or obtaining information relative to the
carrying out of any development, construction, alteration, repair, or any other works
whatsoever which the Authority is empowered to regulate.
34. Record of Violations
Every inspector shall keep a record of any violation of these regulations which comes to
his knowledge and report that violation to the Authority.
Part II - General Development Standards
16
35. Stop Work Order and Prosecution
(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 work
connected therewith pending final adjudication in any prosecution arising out of
the development.
(2)
A person who does not comply with an order made under Regulation 35(1) is
guilty of an offence under the provisions of the Act.
36 Delegation of Powers
An authority shall, where designating employees to whom a power is to be delegated
under subsection 109(3) of the Act, make that designation in writing.
PART II - GENERAL DEVELOPMENT STANDARDS
37. Accesses and Service Streets
(1)
Access shall be located to the specification 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.
Part II - General Development Standards
17
38. Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the use of
the main buildings in character, use and size, and shall be contained on the same
lot.
(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 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.
39. Advertisements
Advertisements shall not be erected or displayed except in accordance with Part III of
these Regulations.
40. Buffer Strips
Where any industrial development permitted in any Use Zone abuts an existing or
proposed residential area, or is separated from it by a road only, the owner of the site of
the industrial development shall provide a buffer strip not less than ten (10) metres wide
between any residential activity and the industrial area. The buffer shall include the
provision of such natural or structural barrier as may be required by the Authority and
shall be maintained by the owner or occupier to the satisfaction of the Authority.
41. Building Height
The Authority may permit the erection of buildings of a height greater than that specified
IMP'
in Schedule C, but in such cases the building line setback and rearyard requirements shall
Part II - Genera! Development Standards
18
be varied as follows:
The building line setback shall be increased by 2 metres for every 1 metre increase
in height.
(2)
The rearyard shall not be less than the minimum building line setback calculated
as described in (1) above plus 6 metres.
42. Building Line and Setback
The Authority, by resolution, may establish building lines on an existing or proposed
street or service street and may require any new buildings to be located on those building
lines, whether or not such building lines conform to the standards set out in the tables in
Schedule C of these Regulations.
43. Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is adequate in
size to accommodate the number of persons living in the group, inclusive of 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.
44. Height Exceptions
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,
Part II - General Development Standards
19
or chimneys, but any such waiver which results in an increase of more than 10% of the
permitted height of the structure shall only be authorized under the provisions of
Regulation 11.
45. Livestock Structures and Uses
(1)
No structure designed to contain more than five animal units shall be erected or
used unless it complies with the following requirements:
(a)
The structure shall be at least 600 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 approved Plan, and, from a Provincial or Federal
Park.
(b)
The structure shall be at least 60 m from the boundary of the property on
which it is to be erected.
(c)
The structure shall be at least 90 m from the centre line of a street.
(d)
The erection of the structure shall be approved by the Department of
Forest Resources & Agrifoods and the Department of Environment.
(2)
No development for residential use shall be permitted within 600 m of an existing
structure designed to contain more than five animal units unless the development
is first approved by the Department of Forest, Resources and Agrifoods.
46. Lot Area
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
Part II - General Development Standards
20
have a lot coverage that exceeds, or a front yard, rear yard, side yard, frontage or
lot area that is less than that permitted by these Regulations for the zone in which
such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a yard, it
shall continue to be so used regardless of any change in the ownership of the lot or
any part 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.
47. Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already
exist in any residential zone, with insufficient frontage or area to permit the owner or
purchaser of such a lot or lots to comply with the provisions of these Regulations, then
these Regulations shall not prevent the issuing of a permit by 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.
48. Lot Frontage
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.
49. Non-Conforming Use
(1)
Notwithstanding the Municipal Plan, scheme or regulations made under this
Part II - General Development Standards
21
Urban and Rural Planning Act, 2001, the Authority shall, in accordance with
regulations made under this Act, allow a development or use of land to continue
in a manner that does not conform with a regulation, scheme, or plan that applies
to that land provided that the non-conforming use legally existed before the
registration under section 24 of the Act, scheme or regulations made with respect
to that kind of development or use.
(2)
Notwithstanding subsection (1), a right to resume a discontinued non-conforming
use of land shall not exceed 12 months after that discontinuance.
(3)
A building, structure or development that does not conform to a scheme, plan or
regulations made under the Act that is allowed to continue under subsection ( I )
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by the Authority;
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development;
(c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50% or more of the value of that building, structure or
development has been destroyed;
(d)
may have the existing use for that building, structure or development
varied by the Authority to a use that is, in the Authority's opinion, more
compatible with the plan and regulations applicable to it;
(e)
may have the existing building extended by approval of the Authority
where, in the Authority's opinion, the extension is not more than 50% of
the existing building;
(f)
where the non-conformance is with respect to the standards included in
these development regulations, shall not be expanded if the expansion
Part II - General Development Standards
22
would increase the non-conformity;
(g)
where a building, structure or development does not meet the development
standards included in development regulations, the building, structure or
development shall not be expanded if the expansion would increase the
non-conformity and an expansion must comply with the development
standards applicable to that building, structure or development.
(h)
where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with the municipal plan and regulations, be
repaired or rebuilt where 50% or more of the value of that building or
structure is destroyed.
Where considering a non conforming building, structure or development and
before making a decision to vary an existing use of that non-conforming building,
structure or development, the Authority, at the applicant"s expense, shall publish
a notice in a newspaper circulating in the area or by other means give public
notice of an application to vary the existing use of a non-conforming building,
structure or development and shall consider any representations or submissions
received in response to that advertisement.
50. Offensive and Dangerous Uses
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 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.
51. Offstreet Parking Requirements
(1)
For every building, structure or use to be erected, enlarged or established, there
shall be provided and maintained a quantity of off-street parking spaces sufficient
Part II- General Development Standards
23
to ensure that the flow of traffic on adjacent streets is not impeded by the on-street
parking of vehicles associated with that building, structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use of
occupancy shall conform to the standards set out in 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. 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 concerned.
(4)
The parking facilities required by this Regulation shall, except in the case of
single or attached dwellings, be arranged so that it is not necessary for any vehicle
to reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted:
(a)
parking space shall mean an area of land, not less than 15 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 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;
Part II - General Development Standards
24
(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 1 m in height shall be erected and maintained along all lot
lines;
(i)
where, in the opinion of the Authority, strict application of the above
parking requirements is impractical or undesirable, the Authority may as a
condition of a permit require the developer to pay a 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 Author-
ity for the provision
and upkeep of alternative parking facilities within the general vicinity of
the development.
52. Off-Street Loading Requirements
(1)
For every building, structure or use to be erected, enlarged or established requiring
the shipping, loading or unloading of animals, goods, wares or merchandise, there
shall be provided and maintained for the premises loading facilities on land that is
not part of a street comprised of one or more loading spaces, 15 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 driveway 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.
Part II - General Development Standards
25
(3)
The loading facilities required by this Regulation shall be so arranged that
vehicles can manoeuvre clear of any street and so that it is not necessary for any
vehicle to reverse onto or from a street.
53. Parks and Playgrounds, and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zones provided that such parks and
playgrounds are not located in areas which may be hazardous to their use and are not
operated for commercial purposes.
54. Screening and Landscaping
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 condition of any
development permit where, in the opinion of the Authority, the landscaping or screening
is desirable to preserve amenity, or protect the environment.
55. Services and Public Utilities
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.
Part II - General Development Standards
26
56. Service Stations
The following requirements shall apply to all proposed service stations:
(a)
All gasoline pumps shall be located on pump islands designed for such 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
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.
57. Side Yards
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 maintenance of that building.
58. Street Construction Standards
A new street may not be constructed except in accordance with and to the design and
specifications laid down by the Authority.
59. Subsidiary Apartments
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
27
60. Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is reserved to
satisfy the yard and other allowances called for in the Use Zone in which it is located and
the allowances shall be retained when the adjacent land is developed.
61. Zero Lot Line and Other Comprehensive Development
The Authority may, at its discretion, approve the erection of dwellings which are designed
to form part of a zero lot line development or other comprehensive layout which does not,
with the exception of dwelling unit floor area, meet the requirements of the Use Zone
Table in Schedule C, provided that the dwellings are designed to provide both privacy
and reasonable access to natural daylight and the overall density within the layout
conforms to the regulations and standards set out in the Use Zone Table apply where the
layout adjoins other development.
Part III - Advertisements
28
PART III - ADVERTISEMENTS
62. Permit Required
Subject to the provisions of Regulation 67, no advertisement shall be erected or displayed
in the Planning Area unless a permit for the advertisement is first obtained from the
Authority. Permit for erection or display of advertisement on Provincial Highways shall
be obtain from the Government Service Centre.
63. Form of Application
Application for a permit to erect or display an advertisement shall be made to the
authority in accordance with Regulation 17.
64. Advertisements Prohibited in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or over any
highway or street reservation.
65. Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of an advertisement
shall be for a limited period, not exceeding two years, but may be renewed at the
discretion of the Authority for similar periods.
66. Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Authority may require the
removal of any advertisement which, in its opinion, is:
Part M - Advertisements
29
(a)
hazardous to road traffic by reason of its siting, colour, illumination, or structural
condition, or;
(b)
detrimental to the amenities of the surrounding area.
67. Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area without
application to the Authority:
(a)
on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding
0.2 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 conducted on the land;
(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 operations, 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 1 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;
(h)
on any parking lot directional signs and one sign not exceeding 1 m2 in size,
identifying the parking lot.
Part IV - Subdivision of Land
30
68. Approval Subject to Conditions
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.
69. Non-Conforming Uses
Notwithstanding the provisions of Regulation 62, a permit may be used for the erection or
display of advertisements on a building or within the courtyard of a building or on a
parcel of land, the use of which is a non conforming use, provided that the advertisement
does not exceed the size and type of advertisement 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
70. Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of
the subdivision is first obtained from the Authority.
71. Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Authority have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system.
Part IV - Subdivision of Land
31
72. Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by the Authority for connection to services,
utilities and streets deemed necessary for the proper development of the subdivision, and
all service levies and other charges imposed under Regulations 13 and 14.
73. Issue of Permit Subject to Considerations
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;
(i)
natural features such as lakes, streams, topsoil, trees and shrubs;
(i)
prevailing winds;
(k)
visual quality;
(1)
community facilities;
(m)
energy conservation;
(n)
such other matters as may affect the proposed development.
Part IV - Subdivision of Land
32
74. Building Permits Required
Notwithstanding the approval of a subdivision by the Authority, a separate building
permit shall be obtained for each building proposed to be erected in the area of the
subdivision, and no building permit for any building in the area shall be issued until the
developer has complied with all the provisions of these Regulations with respect to the
development of the subdivision.
75. Form of Application
Application for a permit to develop a subdivision shall be made to the Authority in
accordance with Regulation 17.
76. Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Maps.
77. Building Lines
The Authority may establish building lines for any subdivision street and require any new
building to be located on such building lines.
78. Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate to the
Authority, at no cost to the Authority, an area of land equivalent to not more than
10% of the gross area of the subdivision or 25 m2 for every dwelling unit per-
Part IV - Subdivision of Land
33
mitted in the subdivision, whichever is the greater, for public open space, provided
that:
(a)
where land is subdivided for any purpose other than residential use, the
Authority shall determine the percentage of land to be dedicated;
(b)
if, in the opinion of the Authority, no public open space is required, the
land may be used for such other public use as the Authority may
determine;
(c)
the location and suitability of any land dedicated under the provisions of
this Regulation shall be subject to the approval of the Authority but in any
case, the Authority shall not accept land which, in its opinion is incapable
of development for any purpose;
(d)
the Authority may accept from the developer in lieu of such area or areas
of land the payment of a sum of money equal to the value of the land
which would otherwise be required to be dedicated;
(e)
money received by the Authority in accordance with Regulation 78(1)(d)
above, shall be reserved by the Authority for the purpose of the acquisition
or development of land for public open space or other public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Authority and may be sold or leased by the Authority for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall be
applied against the cost of acquisition or development of any other land for the
purposes of public open space or other public purposes.
(3)
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
78(1).
Part IV - Subdivision of Land
34
79. Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro 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.
80. Subdivision Design Standards
No permit shall be issued for the development of a subdivision under these Regulations
unless the design of the subdivision conforms to the following standards:
(a)
The finished grade of streets shall not exceed 10 percent.
(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)
200m in areas served by or planned to be served by municipal piped water
and sewer services, as shown in the map and letter of agreement signed by
the Municipality and the Minister of Municipal and Provincial Affairs in
connection with municipal five-year capital works program eligibility.
(ii)
300m in areas not served by or planned to be served by municipal piped
water and sewer services.
(d)
Emergency vehicle access to a cul de sac shall be not less than 3 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.
(0
New subdivisions shall have street connections with an existing street or streets.
Part IV - Subdivision of Land
35
(g)
All street intersections shall be constructed within 5° of a right angle and this
alignment shall be maintained for 30 m from the intersection.
(h)
No street intersection shall be closer than 60 m to any other street intersection.
(i)
No more than four streets shall join at any street intersection.
No residential street block shall be longer than 490 m between street intersections.
(k)
Streets in residential subdivisions shall be designed in accordance with the
approved standards of the Authority, but in the absence of such standards, shall
conform to the following minimum standards:
Type of Street
Street
Reservation
Pavement
Width
Sidewalk
Width
Sidewalk
Number
Arterial Streets
30 m
15 m
1.5 m
discretion
of Council
Collector Streets
20 m
15 m
1.5 m
2
Local Residential Streets:
where more than 50%
of the units are single or
double dwellings;
where 50% or more of
the units are row
houses or apartments.
15 m
20 m
9 m
9 m
1.5 m
1.5 m
1
2
Service Streets
15 m
9 m
1.5 m
discretion
of Council
(I)
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 architectural feature
or part thereof to be retained when a subdivision is developed.
(o)
Land shall not be subdivided in such a manner as to prejudice the development of
adjoining land.
Part IV - Subdivision of Land
36
81. Engineer to Design Works and Certify Construction Layout
(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 subdivision.
(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.
82. Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Authority all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of materials and
labour for the construction and installation of all works calculated in accordance with the
Schedule of Fees recommended by the Association of Professional Engineers of
Newfoundland and in effect at the time the work is carried out.
83. Street Works May Be Deferred
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,
Part IV - Subdivision of Land
37
be deferred until a later stage of the work on the development of the subdivision but the
developer shall deposit with the Authority before approval of his application, an amount
estimated by the Engineer as reasonably sufficient to cover the cost of construction and
installation of the works. In the later stage of the work of development, the Authority
shall call for tenders for the work of construction and installation of the works, and the
amount so deposited by the developer shall be applied towards payment of the contract
cost. If the contract cost exceeds the deposit, the developer shall pay to the Authority the
amount of the excess. If the contract price is less than the deposit, the Authority shall
refund the amount by which the deposit exceeds the contract price. Any amount so
deposited with the Authority by the developer shall be placed in a separate savings
account in a bank and all interest earned thereon shall be credited to the developer.
84. Transfer of Streets and Utilities to Authority
(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 uses as streets, or
other rights-of-way, or for other public use;
(b)
all services or public works including streets, water supply and distribution
and sanitary an storm drainage systems installed in the subdivision that are
normally owned and operated by the Authority.
(2)
Before the Authority shall accept the transfer of lands, services or public works of
any subdivision, the Engineer shall, at the cost to the developer, test the streets,
services and public works installed in the subdivision and certify his satisfaction
with their installation.
Part IV - Subdivision of Land
38
(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.
85. Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until 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.
86. Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building types
and for landscaping in order to enhance the visual aspects of the completed
development and to make the most use of existing topography and vegetation.
(2)
Building groupings, once approved by the Authority, shall not be changed without
written application to and subsequent approval of the Authority.
Part V - Use Zones
39
PART V - USE ZONES
87. Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use Zones
which are shown on the Zoning Map attached to and forming part of these
Regulations.
(2)
Subject to Regulation 87(3), the permitted use classes, discretionary use classes,
standards, requirements and conditions applicable to each Use Zone are set out in
the Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are not set
out in the Use Zone Tables in Schedule C, the Authority may in its discretion,
determine the standards, requirements and conditions which shall apply.
88. Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables in
Schedule C shall be determined by the Authority in accordance with the classification and
examples set out in Schedule B.
89. Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set out in
the appropriate Use Zone Table in Schedule C shall be permitted by the Authority in that
Use Zone.
Part V - Use Zones
40
90. Discretionary Uses
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 with Regulation 32 and has considered any
objections or representations which may have been received on the matter.
91. Uses Not Permitted
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes set
out in the appropriate Use Zone Tables in Schedule C, shall not be permitted in that Use
Zone.
Town of Witless Bay
Schedule A
Page 1
DEFINITIONS
ACCESS means a way used or intended to be used by vehicles, pedestrians or animals in
order to go from a street to adjacent or nearby land or to go from that land to the street.
ACCESSORY BUILDING is:
(a)
A detached subordinate building not used as a dwelling, located on the same lot as
the main building or use to which it is accessory, and which has a use which is
customarily incidental or complimentary to the main use of the building or land:
(b)
for residential uses such as domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetable storage
cellars, shelters for domestic pets, or radio and television antennae,
(c)
for commercial uses such as workshops, garages, and
(d)
for industrial uses such as garages, offices, raised ramps and docks.
ACCESSORY DWELLING UNIT means a separate dwelling unit constructed within and
subsidiary to the main use. The main use shall not be a single dwelling, double dwelling,
row dwelling, and apartment building.
ACCESSORY USE means a use that is subsidiary to a permitted or discretionary use and
that is customarily expected to occur with the permitted or discretionary use.
ACT unless the context indicates otherwise, means the Urban and Rural Planning Act,
2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part
for the purposes of advertisement, announcement or direction; excluding such things
employed wholly as a memorial, or functional advertisement of Councils, or other local
authorities, public utilities and public transport undertakers, and including any boarding or
similar structure used or adapted for use for the display of advertisements.
AGRICULTURE means an agricultural operation that is carried on for personal use, or
for commercial gain and includes:
(a) the clearing, draining, irrigating or cultivation of land,
(b) the raising of livestock, including poultry,
(c) the raising of fur-bearing animals,
Definitions 2013-2023
Town of Witless Bay
Schedule A
Page 2
(d) the raising of bees,
(e) the production of agricultural field crops,
(f) the production of fruit and vegetables and other specialty horticultural crops,
(g) the production of eggs and milk,
(h) the operation of agricultural machinery and equipment, including irrigation,
(i) storage, use or disposal of organic wastes (manure) for farm purposes, and
(j) any other agricultural activity or process prescribed by Provincial regulation that
is carried on for gain or reward.
AMUSEMENT USE means the use of land or buildings equipped for the playing of
electronic, mechanical, or other games and amusements including electronic games,
pinball games and slot machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
(a) 1 horse, cow, steer, bull, mule, donkey, bison, buffalo, pig, fox, or mink including
offspring until weaning,
(b) 3 llama or alpaca including offspring until weaning,
(c) 6 sheep or goats including offspring until weaning,
(d) 10 ostriches, emus or fur bearing animals, excluding fox or mink, including
offspring until weaning,
(e) 20 hens, chickens, turkeys, ducks or geese, or
(f) 100 chicks.
ANTENNA means a system that involves the transmission or receiving of data through
radio waves, air monitoring, weather collection devices or other sources, typically
forming part of a mast or tower which may be several hundred metres tall, either guyed
or freestanding. Small monitoring structures are typically located near the base.
APARTMENT BUILDING means a building containing three or more dwelling units, but
does not include a row dwelling or a single dwelling with a subsidiary apartment.
APPLICANT means a person who has applied to Council for approval to carry out
development.
APEAL BOARD means the appropriate Appeal Board established under the Act.
Definitions 2013-2023
Town of Witless Bay
Schedule A
Page 3
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.
APPROVAL IN PRINCIPLE means that Council when considering a development
application shall evaluate the application to the development requirements within the
Town. If the proposed development meets the development requirements of the Town an
approval in principle maybe given to the application. Final approval and issuance of a
permit to commence development are subject to the agreement by the applicant to meet
specified conditions as outlined by Council.
AUTHORITY means the Town Council of Witless Bay, authorized administrator or
regional authority.
BACKLOT means a lot characterized by the location of the residential lot generally at
the rear of another residential lot, or otherwise separated from the public street which
provides access, and by a narrower area extending from the rear residential lot to the
public street.
BED AND BREAKFAST means a detached dwelling occupied by the property owner or
the bed and breakfast host as a primary residence in which overnight accommodation
and a breakfast meal are offered to registered guests for a fee.
BOARDING 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.
BUFFER means a berm, row of trees or shrubs, hedge, fence, or distance separation
that provides a barrier between incompatible sites, uses or districts.
BUILDING means:
(a)
a structure, erection, excavation, alteration or improvement placed on, over or
under land, or attached, anchored or moored to land; mobile structures, vehicles
and marine vessels adapted or constructed for residential, commercial, industrial
and other similar uses;
(b)
a part of and fixtures on buildings referred to in (a) and (b), and
(c)
an excavation of land whether or not that excavation is associated with the intended
or actual construction of a building or thing referred to in subparagraphs (a) to (c).
s
Definitions 2013-2023
Town of Witless Bay
Schedule A
Page 4
BUILDING HEIGHT means the vertical distance, in metres, from established grade to the:
a)
highest point of the roof surface of a flat roof;
b)
deck line of a mansard roof; and
c)
mean height level between the eave and ridge of a gable, hip or gambrel roof.
In any case, a Building Height shall not include mechanical structures, smokestacks,
steeples, and purely ornamental structures above a roof.
BUILDING LINE means a line established by the Council that runs parallel to the street
line and is set at the closest point to a street that a building may be placed. A corner lot
is deemed to have a building line setback on both the primary and flanking streets.
CHILD CARE FACILITY means a building or part of a building in which services and care
are regularly provided to children or adults, but does not include a school as defined by the
Schools Act.
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.
CORNER LOT means a lot deemed to have street frontages on both a primary and a
flanking (secondary) street.
CORNER LOT SIGHT TRIANGLE means a corner lot, a fence, sign, hedge, shrub,
bush or tree or any other structure or vegetation shall not be erected or permitted to
grow to a height greater than 1 metres above grade of the streets that abut the lot within
the triangular area included within the street lines for a distance of 6 metres from the
point of intersection.
COUNCIL means the Municipal Council of the Town of Witless Bay.
DEVELOPMENT means the carrying out of building, engineering, mining or other
operations in, on, over, or under land, or the making of a material change in the use, or the
intensity of use of land, buildings, or premises and the:
(a)
making of an access onto a highway, road or way,
(b)
erection of an advertisement or sign,
(c)
construction of a building,
Definitions 2013-2023
Town of Witless Bay
Schedule A
Page 5
(d)
the parking of a trailer, or vehicle used for the sale of refreshments or
merchandise, or as an office, or for living accommodation, and excludes,
(e)
the carrying out of works for the maintenance, improvement or other alteration of
a building, being works which affect only the interior of the building or which do
not materially affect the external appearance or use of the building,
(f)
the carrying out by a highway authority of works required for the maintenance or
improvement of a road, being works carried out on land within the boundaries of
the road reservation,
(g)
the carrying out by a local authority or statutory undertaker of works for the
purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or
other apparatus, including the breaking open of streets or other land for that
purpose,
(h)
the use of a building or land within the courtyard of a dwelling house for a
purpose incidental to the enjoyment of a dwelling house as a dwelling.
DEVELOPMENT AGREEMENT means a written agreement between the municipality
and a developer which establishes particular circumstances and conditions under which
a development may be carried out.
DEVELOPMENT REGULATIONS means Regulations and by-laws respecting
development that have been enacted by Council.
DISCRETIONARY USE means a use that is listed within the discretionary use classes
established in the use zone tables of the Council's Development Regulations.
DOUBLE DWELLING means one building containing two dwelling units, placed one
above the other, side by side, or joined by a carport with separate lot areas dedicated to
each unit, but does not include a single dwelling containing a subsidiary apartment.
DRIVEWAY means a private road for vehicles that connects a house, garage, or other
building with a public road.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms
used or designed as the living quarters for one or more persons.
Definitions 2013-2023
Town of Witless Bay
Schedule A
Page 6
ENGINEER means an engineer who is a member of the Association of Professional
Engineers and Geoscientists of Newfoundland, employed or retained by the Council.
ESTABLISHED BUILDING LINE means the average distance from the street line of
existing buildings in any block where more than half the frontage has been built upon in
the past.
ESTABLISHED GRADE means:
a)
where used in reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior of the front of that building exclusive of
any artificial embankment or entrenchment;
b)
where used in reference to a structure that is not a building, the average elevation
of the finished grade of the ground immediately surrounding the structure, exclusive
of any artificial embankment or entrenchment.
FAMILY CHILD CARE USE means a building or pail of a building in which services and
activities are regularly provided for up to six (6) children as defined in the Child Care
Services Act, but do not include a school as defined by the Schools Act.
FLANKING STREET means the secondary street bordering a corner lot.
FLOODWAY means the inner portion of a flood risk area where the risk of flood is
greatest, on average once in twenty years and where the flood depths and water
velocities are greatest.
FLOODWAY FRINGE means the outer portion of a flood risk area, between the
floodway and the outer boundary of the flood risk area, where the risk of flooding is
lower, on average once in one hundred years, and flood waters are shallower and
slower.
FLOOD PROOFING means structural and/or non-structural measures incorporated in
the design of a building or structure which reduce or eliminate the risk of flood damage
by ensuring that the ground floor elevation is higher than the projected flood level and
that the building can be exited without hindrance in the event of a flood.
Definitions 2013-2023
Town of Witless Bay
Schedule A
Page 7
FLOOR AREA means the total area of all floors of a building measured to the outside face
of exterior walls.
FORESTRY means the use of land for the purpose of forest and woodland management
including the felling, cutting, trimming and thinning of forest or woodland for the extraction
of timber, and includes reforestation and silviculture.
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 GARAGE means land or buildings used for the repair, maintenance and
storage of motor vehicles and may include the sale of petroleum products.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, preparing, processing, testing,
salvaging, breaking up, demolishing, or treating any article, commodity or substance, and
"Industry" shall be construed accordingly.
GROUP CHILD CARE USE means a building or part of a building in which services and
activities are regularly provided for seven (7) or more children as defined in the Child Care
Services Act, but do not include a school as defined by the Schools Act.
GROUP HOME means a dwelling unit accommodating not more than 6 persons, exclusive
of staff, in a home-like setting where staff provide care and supervision. This definition
includes, but is not limited to, the facilities called "Transition House" and "Foster Home".
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes
involving the use of materials or processes, which because of their inherent characteristics
constitute a special fire, explosion, radiation or other hazard.
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Definitions 2013-2023
Town of Witless Bay
Schedule A
Page 8
HOME OCCUPATION means a secondary use of a dwelling unit or its accessory building
by at least one of the residents of such dwelling unit to conduct a gainful occupation or
business activity, and subsidiary to a residential use. Also referred to as a "Home based
Business", and classified as an "Office" use.
HOME OFFICE means a secondary use of a dwelling unit by at least one of the residents
of such dwelling unit to conduct a gainful occupation or business activity with such
occupation or business activity being restricted to office uses which do not involve
visitation by clients, customers, or the general public to the site, nor the employment of
non-residents, and subsidiary to a residential use. Also referred to as a "Home Based
Business", and classified as an "Office" use.
HOSPITALITY HOME means a dwelling unit in which at least 1 room is regularly rented,
and includes the uses commonly referred to as "Bed and Breakfast", and "Boarding
House".
INSPECTOR means a person appointed as an inspector by the Council.
LAND includes land covered by water, and buildings and structures on, over, or under the
soil and fixtures that form part of those buildings and structures.
LANDSCAPING means the development of land by altering the topography and ground
cover and may include the use of turf, plants, shrubs, trees, retaining walls and fences.
LANDSCAPE PLAN means a two dimensional scaled concept plan showing the land or
lot boundaries which would include proposed development of the land by using turf, plants,
shrubs, trees, retaining walls and fences for aesthetic or practical purposes. A Landscape
Plan may include, but not limited to, the arrangement or modifying land features, such as
tree retention or planting, garden edging or retaining, planting, screening, fencing or
earthwork (alteration or drainage).
LIGHT INDUSTRY means the use of land or buildings for industrial use that can be carried
out without hazard or intrusion and without detriment to the amenity of the surrounding
area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or
appearance.
Definitions 2013-2023
Town of Witless Bay
Schedule A
Page 9
LIVESTOCK OPERATION means a livestock operation of agricultural animals confined
in one location which consists of 5 or more animal units at a given point in time.
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.
LOT means a plot, tract or parcel of land that can be considered as a unit of land for a
particular use or building.
LOT AREA means the total horizontal area within the lines of a lot.
LOT COVERAGE means the combined area of all buildings on a lot measured at the level
of the lowest floor above the established grade and expressed as a percentage of the total
area of the lot.
MINERAL WORKING means land or buildings used for the working, stockpiling or
extraction of rock, mineral, peat or aggregate material, and will include a "quarry".
MINI HOME means a factory produced single dwelling complying with the National
Building Code and having the appearance of a mobile home.
MINISTER shall mean the Minister of Municipal Affairs, unless otherwise specified.
MODULAR HOME means a residential dwelling built in modules in a factory complete
with kitchen, bedrooms, bath, etc, as may be pre-set in a house and transported to the
building site for joining and placement on a foundation. Modular home construction
shall conform to the National Building Code and the Town of Witless Bay Development
Regulations.
MUNICIPAL PLAN means a plan adopted by the Council as a Municipal Plan pursuant
to the Urban and Rural Planning Act, 2000.
Definitions 2013-2023
Town of Witless Bay
Schedule A
Page 10
NON-CONFORMING USE means a legally existing use that is not listed as a permitted
use or discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone.
OWNER means a person or an organization or persons owning or having legal right to
use the land under consideration.
PERMIT TO DEVELOP means the general term referring to all permits or licenses
approved by Council and shall include all conditions, agreements or provisions attached
thereto.
PERMITTED USE means a use that is listed within the permitted use classes set out in
the use zone tables of these Development Regulations.
PLANNING AREA means a regional planning area and a municipal planning area
established under section 6 and 11 of the Act. For the purpose and context of these
regulations, the Planning Area shall mean the area within the municipal boundaries of the
Town of Witless Bay.
PRIMARY STREET means the street on which a development fronts and is referenced in
the civic address.
PRIVATE ROAD (SHARED DRIVEWAY) means a roadway within private property that
are privately owned, maintained and used for vehicular travel by the owner and those
having express or implied permission from the owner, but not other persons. Their main
function is to provide access to the private land. Most private roads are not designed to
the same standards as public streets.
PROHIBITED USE means a use that is not listed in a use zone within the permitted use
classes or discretionary use classes or a use that Council specifies as not permitted within
a use zone.
PUBLIC STREET means a main road or thoroughfare owned and maintained by the
Authority, such as a provincial highway or local street, available to the public for pedestrian
use or vehicular transportation.
Definitions 2013-2023
Town of Witless Bay
Schedule A
Page 11
REAR YARD DEPTH means the mean distance between the rear lot line and the rear of
the main building on the lot.
RESTAURANT means a building or part of a building, licensed for the purpose of serving
meals and includes a "Snack Bar".
ROW DWELLING means three or more dwelling units at ground level in one building,
each unit separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal
or recreational use, and is not intended for use as permanent living quarters.
SCREENING means a fence, berm, trees, hedge, wall or building used to separate
areas or functions which detract from the appearance of the streetscape and the view
from the surrounding areas.
SERVICE STATION means a building, including gas pumps, used for the sale of
petroleum products, and may include general merchandise, minor automotive repairs, and
washing of vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for
the purpose of limiting direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary
purpose is the selling or offering for sale of goods, wares or merchandise by retail or the
selling or offering for sale of retail services but does not include an establishment
wherein the primary purpose is the serving of meals or refreshments, an amusement
use, a general garage, or a service station.
SHOPPING CENTRE means a group of retail stores with integrated parking which is
planned, developed and designed as a unit containing a minimum of 5 retail
establishments.
SHOWROOM means a building or part of a building in which samples or patterns are
displayed and in which orders may be taken for goods, wares or merchandise, including
vehicles and equipment, for later delivery.
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Definitions 2013-2023
Town of Witless Bay
Schedule A
Page 12
SIDEYARD WIDTH means the distance between a side lot line and the nearest side wall
of a building on the lot.
SIGN means a word, letter, model, placard, board, device or representation, whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement, or direction and excludes those things employed wholly as
a memorial, advertisements or local government, utilities and boarding or similar structures
used for the display of advertisements.
SINGLE DWELLING means one building containing a single dwelling unit for the use of
one family, placed on its own lot, and can include a subsidiary apartment.
SITE PERMIT means a permit issued by the Town of Witless Bay for any earth
disturbance or other earthwork including, but not limited to, clearing and grubbing,
grading, excavations, embankments, land development, road maintenance, and the
moving, depositing, stockpiling or storing of soil, rock, or earth materials.
STREET means a street, road, highway or other way designed for the passage of vehicles
and pedestrians, and which is accessible by fire department and other emergency
vehicles.
STREET LINE means the edge of the right of way of a street reservation as defined by the
authority having jurisdiction.
SUBDIVISION means the dividing of land, whether in single or joint ownership, into 2 or
more pieces (including lots), for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a single dwelling.
TAKE-OUT FOOD means a building in which the primary purpose is the preparation and
sale of meals and refreshments for consumption off the premises.
USE means a building or activity situated on a lot or a development permitted on a lot.
Definitions 2013-2023
Town of Witless Bay
Schedule A
Page 13
USE ZONE or ZONE means an area of land including buildings and water designated on
the zoning map to which the uses, standards and conditions of a particular use zone table
apply.
VARIANCE means a departure, to a maximum of 10% from the yard, area, lot coverage,
setback, size, height, frontage, or any other numeric requirement of the applicable use
zone table of the Council's regulations.
ZONING MAP means the map or maps attached to and forming part of the Town of
Witless Bay Development Regulations.
Definitions 2013-2023
Witless Bay Municipal Plan 2013-2023, Schedule B
Page I
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
USES
I. Assembly Uses for the
production and viewing of
the performing arts.
(a) Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
2. General Assembly Uses
(a) Cultural and
Civic
Libraries
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(b) General
Assembly
Community Halls
Lodge Halls
Dance Halls
Gymnasia
Auditoria
Bowling Alleys
(c) Educational
Schools
Colleges (non- residential)
(d) Place of
Worship
Churches and similar places of
worship.
Church Halls
(e) Passenger
Assembly
Passenger Terminals
(0 Club and
Lodge
Private Clubs and
Lodges (non-residential)
(g) Catering
Restaurants
Bars
Lounges
(h) Funeral Home
Funeral Homes and Chapels
(i) Child Care
Day Care Centres
(j) Amusement
Electronic Games Arcades
Pinball Parlours
Poolrooms
Witless Bay Municipal Plan 2013-2023, Schedule B
Page 2
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
USES
(continued)
3. Arena-type Uses
(a) Indoor
Assembly
Arenas
Armouries
Ice Rinks
Indoor Swimming Pools
4. Open-air Assembly Uses
(a) Outdoor
Assembly
Bleachers
Grandstands
Outdoor Ice Rinks
and Swimming Pools
Amusement Parks and Fair-
grounds
Exhibition Grounds
Drive-in Theatres
Camping Grounds
R. V. Camping Parks
B. INSTITUTIONAL
USES
I. Penal and Correctional
Institutional Uses
(a) Penal and
Correctional
Detention
Jails
Penitentiaries
Police Stations (with detention
quarters)
Prisons
Psychiatric Hospitals (with
detention quarters)
Reformatories
2. Special Care
Institutional Uses
(a) Medical
Treatment
and Special
Care
Children's Homes
Convalescent Homes
Homes for Aged
Hospitals
Infirmaries
Orphanages
Psychiatric
Hospitals
Sanatoria
C. RESIDENTIAL
USES
I. Residential
Dwelling
Uses
(a) Single
Dwelling
Single Detached Dwellings
Family & Group Homes
(b) Double
Dwelling
Semi-detached Dwelling
Duplex Dwellings
Family & Group Homes
(c) Row
Dwelling
Row Houses
Town Houses
Family & Group Homes
(d) Apartment
Building
Apartments
Family & Group Homes
Witless Bay Municipal Plan 2013-2023, Schedule B
Page 3
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDENTIAL
USES
(continued)
2. General Residential Uses
(continued)
(a) Collective
Residential
Residential
Colleges & Schools
University & College Halls
of Residence
Convents & Monasteries
Nurses and Hospital Residences
(b) Boarding
House
Residential
Boarding Houses
Lodging Houses
(c) Commercial
Residential
Hotels & Motels
Hostels
Residential Clubs
(d) Seasonal
Residential
Summer Homes & Cabins
Hunting & Fishing Cabins
(e) Mobile Homes
Mobile Homes
D. BUSINESS
& PERSONAL
SERVICE
USES
I. Business, Professional, and
Personal Service Uses
(a) Office
Offices (including
Government Offices)
Banks
(b) Medical &
Professional
Medical Offices
and Consulting Rooms
Dental Offices & Surgeries
Legal Offices
Similar Professional Offices
(c) Personal
Service
Barbers
Hairdressers
Beauty Parlours
Small Appliance Repairs
(d) General
Service
Self-service Laundries
Dry Cleaners (not using
flammable or explosive
substances)
Small Tool and Appliance
Rentals
Travel Agents
Witless Bay Municipal Plan 2013-2023, Schedule B
Page 4
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
PERSONAL
SERVICE
USES
(continued)
1. Business,
Professional
& Personal
Service Uses
(continued)
(e) Communica-
tions
Radio Stations
Telephone Exchanges
(f) Police Station
Police Stations
(g) Taxi Stand
Taxi Stands
(h) Take-out
Food Service
Take-out Food
Service
(i) Veterinary
Veterinary Surgeries
E. MERCANTILE
USES
I. Retail Sale and
Display Uses
(a) Shopping
Centre
Shopping Centres
(b) Shop
Retail Shops, Stores and
Showrooms
Department Stores
(c) Indoor Market
Market Halls
Auction Halls
(d) Outdoor
Market
Market Grounds
Animal Markets
Produce and Fruit Stands
Fish Stalls
Sale of Firewood
Sale of Garbage Box
(e) Convenience
Store
Confectionary Stores
Corner Stores
Gift Shops
Specialty Shops
F. INDUSTRIAL
USES
I.
Industrial uses involving
highly combustible and
hazardous substances and
processes.
(a) Hazardous
Industry
Bulk Storage of hazardous
liquids and substances.
Chemical Plants
Distilleries
Feed Mills
Lacquer, Mattress, Paint. Varnish,
and
Rubber Factories
Spray Painting
Witless Bay Municipal Plan 2013-2023. Schedule B
Page 5
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
USES
(continued)
2. General Industrial Uses
involving Limited
Hazardous Substances and
Processes.
(a) General
Industry
Factories
Cold Storage Plants
Freight Depots
General Garages
Warehouses
Workshops
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
Outdoor Storage
Heavy Equipment Storage
(b) Service
Station
Gasoline Service Stations
Gas Bars
3. Light, Non-hazardous or
Non-intrusive Industrial Uses.
(a) Light
Industry
Light Industry
Parking Garages
Indoor Storage
Warehouses and Workshops
G. NON-BUILDING
USES
I
Uses not directly related to
building.
(a) Agriculture
Commercial Farms
Hobby Farms
Market Gardens & Nurseries
(b) Forestry
Tree Nurseries
Silviculture
(c) Mineral
Working
Quarries and Pits
Mines
Oil Wells
(d) Recreational
Open Space
Playing Fields
Sports Grounds
Parks
Playgrounds
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural, Historical and
Scenic Sites
Steep Slopes
Wildlife Sanctuaries
(f) Cemetery
Cemeteries and Graveyards
(g) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap Dealers
(h) Wind Power
Wind Turbine(s)
Witless Bay Municipal Plan 2013-2023, Schedule B
Page 6
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
DIVISION
CLASS
EXAMPLES
G. NON-BUILDING
USES
(continued)
I. Uses not directly related to
building.
(h) Solid Waste
Solid Waste Disposal
Sanitary Land Fill
Incinerators
(i) Animal
Animal Pounds
Kennels
Zoos
Dog Grooming
(j) Antenna
TV, Radio and Communications
Transmitting, Receiving Masts and
Antennae
(k) Transportation
Airfields
Railway Yards
Docks and Harbours
TOWN OF WITLESS BAY
SCHEDULE "C"
USE ZONE TABLES
NOTE:
This schedule contains tables showing the use classes which may
be permitted or which may be treated as discretionary use classes
for the purpose of these Regulations. The tables also indicate the
required standards of development and may also include conditions
affecting some or all of the use classes.
The schedule contains tables for the following Use Zones:
Land Use Zone
Abbreviation
Page
Residential
Res
1
Residential Rural
RR
9
Residential Subdivision Area
RSA
17
Mixed Development
MD
19
Commercial Local
CL
27
Commercial Highway
CH
32
Industrial Light
IL
37
Public Buildings
PB
42
Open Space Recreation
OSR
46
Conservation
CON
48
Watershed
WAT
50
Rural
RUR
51
Witless Bay Development Regulations, Schedule C
Page 1
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL (Res)
PERMITTED USE CLASSES - (see Regulation 89)
Single dwelling.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Boarding house (includes tourist home and bed and breakfast),row dwelling, apartment building,
agriculture, convenience store, professional, personal service, child care, light industry recreational
open space, office (for home business), shop.
STANDARDS
Single
Dwelling
Double
Dwelling
Row
Dwelling
APARTMENT BUILDING
1
Bed
Apt.
2
Bed
Apt.
3
Bed
Apt.
4
Bed
Apt.
Lot area (m2) minimum
1860
1500*
1200*
(average)
800*
850*
900*
950*
Floor area (m2) minimum
80
80*
65*
40*
50*
60*
70*
Public Road Frontage (m)
(minimum)
30
20*
15* (av)
50
Building Line Setback (m)
(minimum)
8
8
8
15
Building Line Setback (m)
(maximum)
32
32
32
32
Sideyard Width (m)(min.)
3
3
3
5
Rearyard Depth (m)(min.)
9
9
9
14
Lot Coverage (%)(max.)
33
33
33
33
Building Height (max.)
10
10
15
15
*
Per dwelling unit
CONDITIONS
1.
Discretionary Uses Classes
The discretionary use classes listed in the table may be permitted at the
discretion of the Council provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
Witless Bay Development Regulations, Schedule C
Page 2
2.
Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have
two street frontages and shall be required to maintain the minimum building line
setback on both the primary and flanking streets as prescribed in the use zone
table.
3.
Dwelling Frontage
The front wall of a dwelling shall be parallel to the street on which it is fronting
and has a civic number.
4.
Accessory Buildings
(a)
All accessory buildings shall have a maximum floor area of 70m2.
(b)
An accessory building shall be prohibited to project in front of a building
line or in the flanking sideyard of a corner lot.
(c)
Accessory buildings shall located be on the same lot as the residential
dwelling and shall be clearly incidental and complementary to the main
use of the residential dwelling in character, use, style and exterior finish,
and shall be located so as to minimize any visual impacts on adjoining
properties.
(d)
The maximum height shall be 6m with a minimum of -I m from any property
line and 2m from the nearest corner of a residential dwelling.
(e)
Accessory buildings (private garages only) may be permitted in the
sideyard at Council discretion, but not in the flanking sideyard of a corner
lot.
(f)
Residential lots may have more than one accessory building provided that
the maximum combined floor area of all buildings, including a second
storey, shall not be greater than the maximum area as set out in the
General Development Regulations and this Land Use Zone Table.
(g)
Aside from minor vehicle maintenance, no person shall use an accessory
building for the purpose of performing major repairs, painting, dismantling,
or scrapping of vehicles or machinery.
(h)
Where it can be clearly demonstrated that a need exists for a larger
accessory building, Council shall have discretion where the proposed
accessory building will exceed the maximum floor area of 70m2, and the
maximum height of 6m.
Witless Bay Development Regulations, Schedule C
Page 3
5.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of Council, having regard to the
safety and convenience of users of adjacent streets and sidewalks, and
the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
6.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions and nearby buildings, and
amenities of the surrounding area.
7.
Convenience Store
Convenience stores may only be permitted as a discretionary use provided that:
(a)
The convenience store forms part of the residential dwelling and shall not
exceed more than 25% of the total floor area of the building, to a
maximum of 45 m2.
(b)
The convenience store must front directly onto a public road.
(c)
The retail use shall be subsidiary to the residential character of the area,
law
Witless Bay Development Regulations, Schedule C
Page 4
and shall not affect residential amenities of adjoining properties.
(d)
Adequate provision for on site parking, loading, buffering and landscaping.
(e)
A convenience store shall not be located on single access or dead end
roads, unless on a corner lot at the intersection with a main road.
8.
Home Businesses - Office, Medical and Professional Service, Personal
Service, and Light Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling
consisting of an occupation or profession which generates revenue for the
resident.
Office, medical and professional service, personal service, and light industry
uses may be permitted provided they are carried out as home occupations,
businesses operated in the dwelling, or in a building subsidiary to the dwelling on
the same lot, by the occupants of the dwelling, and meet the following
requirements.
(a)
Office uses shall be limited to small business services and professional
offices;
(b)
Light Industry uses shall be limited to fabrication for the production of
handmade articles such as clothing, and arts and crafts objects;
(c)
The use is clearly subsidiary to the residential use, does not alter the
residential character of the dwelling unit, and does not detract from the
residential character of the neighbourhood.
(d)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the approved use, no repairs to vehicles or
heavy equipment are carried out.
(e)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust, fumes, or inconvenience to occupants of
adjoining residences.
(f)
Activities associated with the use shall be carried on inside the dwelling or
in a building separate from the dwelling.
(g)
One building only, separate from the dwelling, may be used in connection
with a light industrial use and service use and shall conform to the
Accessory Buildings condition height and floor area limit for this zone;
child care use shall be carried out in the dwelling unit or be attached to the
dwelling unit.
(h)
Except for child care, no more than 30% of the total floor area of the
dwelling is devoted to the use.
(i)
The use shall not generate traffic, parking, sewage or water use in excess
of what is normal in the residential area.
(j)
Activities associated with the use are not hazardous and do not cause a
noticeable increase in noise, odour, dust or fumes, nor cause electrical
Witless Bay Development Regulations, Schedule C
Page 5
interference or in any other way result in a nuisance to the occupants of
surrounding residences.
(k)
The residential lot has sufficient area to accommodate the parking
requirements of the dwelling unit and the home occupation.
(I)
No regular parking of commercial vehicles except for one vehicle with a
gross weight of no greater than one tonne will be permitted on the lot or on
the road reservation adjacent to the lot.
9.
Child Care
A day care or day nursery (i.e.: a child care operation in which services are
regularly provided to seven or more children), is subject to the following
conditions:
(a)
The operation is in accordance with all applicable provincial laws and
regulations.
(b)
A limit of one day care or day nursery will be permitted on any street.
(c)
The use will not occupy more than 70m2 or 40% of the floor area,
whichever is less.
(d)
Provision for off-street parking will be required as per the off-street parking
requirements of these Regulations.
(e)
The drop-off and pick-up of children will not interfere with the free flow of
vehicular traffic.
(f)
The use is not located adjacent to or near hazardous, dangerous, or
incompatible uses. These include, but are not limited to, heavy industrial
uses, service stations, garages, taverns, night clubs, and amusement
uses.
10. Boarding House Residential (Tourist Home/Bed and Breakfast)
A tourist home/bed and breakfast use in a dwelling may be permitted as a
discretionary use to provide room and board for tourists or the travelling public,
under the following conditions:
(a)
the use does not detract from the residential character of the neigh-
bourhood;
(b)
the use is carried out by a resident/owner of the dwelling unit;
(c)
the dwelling in which the tourist home/bed and breakfast use is carried out
is similar in exterior finish, design, height, and scale to a private residential
dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or hedge;
Witless Bay Development Regulations, Schedule C
Page 6
(f)
the maximum number of guest rooms shall be five (5), and
(g)
the establishment shall be licensed under the Tourist Establishment
Regulations, as amended from time to time.
11.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services. Development of
marine or water related uses such as wharfs, slipways, boathouse, etc. may be
permitted. All development occurring within these limits is subject to the approval
of Council and the Department of Environment and Conservation.
12.
Landscaping and Surfacing
Residential buildings lots shall be landscaped. No debris or material left over
from site preparation may be allowed to remain in general public view. The
surface of the entire building lot must be finished with a stable surface (grass,
pavement, gravel) to ensure dusty or muddy surface conditions will not arise.
13.
Effects on Surrounding Areas
Any development in any zone must be generally acceptable within the context of
surrounding development and so must not create unacceptable amounts of
noise, traffic, fumes, dust or other pollution or otherwise present a nuisance,
hazard or eyesore, especially with respect to existing or potential residential
development.
14.
Residential Buffer
In the case of a residential development locating adjacent to an existing or
proposed non-residential use or zone, Council may require the developer of the
residential use to provide a buffer. Any such buffer shall be made up of hedges,
trees, shrubs, earthen berms or structural barriers that will sufficiently mitigate
noise, visual unpleasantness and other undesirable effects. Trees and shrubs
existing on the site prior to development which could form all or part of a buffer
shall not be removed.
Witless Bay Development Regulations, Schedule C
Page 7
15.
Agriculture
Only home based agriculture may be permitted at the discretion of Council.
Home based agriculture, including the keeping of livestock, at a limited and minor
scale, may only take place on residential property where the size and general
location of the property lot is sufficient to allow such activity to take place in a
manner that will be safe and nuisance free, with respect to other areas. Such
activity shall not in any way present a nuisance or disturbance to surrounding
property owners. Council shall refer any agriculture related applications to the
Department of Natural Resources, Agrifoods Branch and the Department of
Environment and Conservation, Water Resources Division, for comments.
16.
Backlot Development
Where vacant parcels of land exist which have access to a public street and are
of sufficient size for a building lot, but which do not have the required frontage on
a publicly maintained street, they may be considered on a discretionary basis
provided the following conditions are met:
(a) the maximum setback for front lot line or side lot line (depending on lot
orientation) from a public street shall be a minimum of 32 metres and a
maximum of 100 metres from a public street. The minimum lot area
and all other development standards shall be the same as for other
residential development in this zone;
(b) only single dwellings may be permitted;
(c) lots must have direct access to, and street line frontage on, a public
street;
(d) the development of the lot would not prevent the use of adjoining lands
for future development.
Where there is potential for additional
development in the area, the lot and access shall be developed in a
manner which will accommodate future development. As such, the
access to the public street to which the owner must have clear title,
shall be a minimum width of 15 m to accommodate future public use;
(e) where there is no potential for future development, the access to the
public street shall be a minimum of 6 m in width and shall be treated as
a private driveway; which the owner must have clear title.
(f) the dwelling is separated from, and oriented, in a manner that does not
adversely affect the privacy and enjoyment of adjoining properties.
Separation distances may be required by the Council as a condition for
development, considering such things as slope, drainage, tree cover
and soil conditions.
(g) the development of the backlot does not affect the legal conformity of
the primary lot that has frontage on to a public street.
Witless Bay Development Regulations, Schedule C
Page 8
17.
East Coast Trail
The East Coast Trail is a natural walking/hiking trail along Witless Bay Harbour
and along the coastline of Atlantic Ocean which forms part of a much larger
coastal trail system. Council shall encourage the maintenance of the trail to
protect the natural landscape and views from the trial, and to ensure that future
development does not negatively impact the trail.
A 15 metre buffer shall be maintained along both sides of the trail where it
passes over Crown land to protect the natural landscape and views from the trial.
Council, in issuing any development permits within the planning area, shall
encourage landowners to take into consideration the effect of development on
the East Coast Trial and preservation of the scenic beauty along the Town's
coastline, where the East Coast Trail transverses private property.
18.
Steep Slopes and Flood Plains
Applications for sites having slopes greater than 20%, or potentially subject to
flooding or any other hazards such as landslides, shall not be permitted unless
the site has a geo-physical assessment conducted by a Professional Engineer or
other person qualified to make a determination, to ensure development can take
place without endangerment to health or safety.
Witless Bay Development Regulations, Schedule C
Page 9
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL RURAL (RR)
PERMITTED USES -- see Regulation 90.
Single dwelling.
DISCRETIONARY USES -- see Regulation 34 and 91.
Boarding house residential (bed and breakfast only), convenience store, child care, medical and
professional, personal service, office; light industry (see condition).
CONDITIONS
1.
Development Standards
The development standards for this zone shall be as follows:
a) Minimum Lot Size
3038 m2
b) Minimum Frontage
38 m
c) Minimum Floor Area
100 m2
d) Minimum Building Line Setback
15 metres
e) Maximum Building Line setback
32 metres
f) Minimum Sideyard Width
3 metres
g) Minimum Rearyard Depth
15 metres
h) Maximum Height
10 metres
i) Maximum Lot Coverage
33 %
CONDITIONS
2.
Discretionary Uses Classes
The discretionary use classes listed in the table may be permitted at the
discretion of the Council provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
Witless Bay Development Regulations, Schedule C
Page 10
3.
Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have
two street frontages and shall be required to maintain the minimum building line
setback on both the primary and flanking streets as prescribed in the use zone
table.
4.
Dwelling Frontage
The front wall of a dwelling shall be parallel to the street on which it is fronting
and has a civic number.
5.
Accessory Buildings
(a)
All accessory buildings shall have a maximum floor area of 70m2.
(b)
An accessory building shall be prohibited to project in front of a building
line or in the flanking sideyard of a corner lot.
(c)
Accessory buildings shall located be on the same lot as the residential
dwelling and shall be clearly incidental and complementary to the main
use of the residential dwelling in character, use, style and exterior finish,
and shall be located so as to minimize any visual impacts on adjoining
properties.
(d)
The maximum height shall be 6m with a minimum of lm from any property
line and 2m from the nearest corner of a residential dwelling.
(e)
Accessory buildings (private garages only) may be permitted in the
sideyard at Council discretion, but not in the flanking sideyard of a corner
lot.
(f)
Residential lots may have more than one accessory building provided that
the maximum combined floor area of all buildings, including a second
storey, shall not be greater than the maximum area as set out in the
General Development Regulations and this Land Use Zone Table.
(g)
Aside from minor vehicle maintenance, no person shall use an accessory
building for the purpose of performing major repairs, painting, dismantling,
or scrapping of vehicles or machinery.
(h)
Where it can be clearly demonstrated that a need exists for a larger
accessory building, Council shall have discretion where the proposed
accessory building will exceed the maximum floor area of 70m2, and the
maximum height of 6m.
S
Witless Bay Development Regulations, Schedule C
Page 11
6.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of Council, having regard to the
safety and convenience of users of adjacent streets and sidewalks, and
the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
7.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions and nearby buildings, and
amenities of the surrounding area.
8.
Convenience Store
Convenience stores may only be permitted as a discretionary use provided that:
(a)
The convenience store forms part of the residential dwelling and shall not
exceed more than 25% of the total floor area of the building, to a
maximum of 45 m2.
(b)
The convenience store must front directly onto a public road.
(c)
The retail use shall be subsidiary to the residential character of the area,
and shall not affect residential amenities of adjoining properties.
(d)
Adequate provision for on site parking, loading, buffering and landscaping.
(e)
A convenience store shall not be located on single access or dead end
roads, unless on a corner lot at the intersection with a main road.
Witless Bay Development Regulations, Schedule C
Page 12
9.
Home Businesses - Office, Medical and Professional Service, Personal
Service, and Light Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling
consisting of an occupation or profession which generates revenue for the
resident.
Office, medical and professional service, personal service, and light industry
uses may be permitted provided they are carried out as home occupations,
businesses operated in the dwelling, or in a building subsidiary to the dwelling on
the same lot, by the occupants of the dwelling, and meet the following
requirements.
(a)
Office uses shall be limited to small business services and professional
offices;
(b)
Light Industry uses shall be limited to fabrication for the production of
handmade articles such as clothing, and arts and crafts objects;
(c)
The use is clearly subsidiary to the residential use, does not alter the
residential character of the dwelling unit, and does not detract from the
residential character of the neighbourhood.
(d)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the approved use, no repairs to vehicles or
heavy equipment are carried out.
(e)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust, fumes, or inconvenience to occupants of
adjoining residences.
(f)
Activities associated with the use shall be carried on inside the dwelling or
in a building separate from the dwelling.
(g)
One building only, separate from the dwelling, may be used in connection
with a light industrial use and service use and shall conform to the
Accessory Buildings condition height and floor area limit for this zone;
child care use shall be carried out in the dwelling unit or be attached to the
dwelling unit.
(h)
Except for child care, no more than 30% of the total floor area of the
dwelling is devoted to the use.
(i)
The use shall not generate traffic, parking, sewage or water use in excess
of what is normal in the residential area.
(j)
Activities associated with the use are not hazardous and do not cause a
noticeable increase in noise, odour, dust or fumes, nor cause electrical
interference or in any other way result in a nuisance to the occupants of
surrounding residences.
(k)
The residential lot has sufficient area to accommodate the parking
requirements of the dwelling unit and the home occupation.
Witless Bay Development Regulations, Schedule C
Page 13
(I)
No regular parking of commercial vehicles except for one vehicle with a
gross weight of no greater than one tonne will be permitted on the lot or on
the road reservation adjacent to the lot.
10.
Child Care
A day care or day nursery (i.e.: a child care operation in which services are
regularly provided to seven or more children), is subject to the following
conditions:
(a)
The operation is in accordance with all applicable provincial laws and
regulations.
(b)
A limit of one day care or day nursery will be permitted on any street.
(c)
The use will not occupy more than 70m2 or 40% of the floor area,
whichever is less.
(d)
Provision for off-street parking will be required as per the off-street parking
requirements of these Regulations.
(e)
The drop-off and pick-up of children will not interfere with the free flow of
vehicular traffic.
(f)
The use is not located adjacent to or near hazardous, dangerous, or
incompatible uses. These include, but are not limited to, heavy industrial
uses, service stations, garages, taverns, night clubs, and amusement
uses.
11.
Boarding House Residential (Tourist Home/Bed and Breakfast)
A tourist home/bed and breakfast use in a dwelling may be permitted as a
discretionary use to provide room and board for tourists or the travelling public,
under the following conditions:
(a)
the use does not detract from the residential character of the neigh-
bourhood;
(b)
the use is carried out by a resident/owner of the dwelling unit;
(c)
the dwelling in which the tourist home/bed and breakfast use is carried out
is similar in exterior finish, design, height, and scale to a private residential
dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or hedge;
(f)
the maximum number of guest rooms shall be five (5), and
(g)
the establishment shall be licensed under the Tourist Establishment
Regulations, as amended from time to time.
Witless Bay Development Regulations, Schedule C
Page 14
12.
Buffer (around waterways and waterbodies)
No development shall be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services. Development of
marine or water related uses such as wharfs, slipways, boathouse, etc. may be
permitted. All development occurring within these limits is subject to the approval
of Council and the Department of Environment and Conservation.
13.
Landscaping and Surfacing
Residential buildings lots shall be landscaped. No debris or material left over
from site preparation may be allowed to remain in general public view. The
surface of the entire building lot must be finished with a stable surface (grass,
pavement, gravel) to ensure dusty or muddy surface conditions will not arise.
14.
Effects on Surrounding Areas
Any development in any zone must be generally acceptable within the context of
surrounding development and so must not create unacceptable amounts of
noise, traffic, fumes, dust or other pollution or otherwise present a nuisance,
hazard or eyesore, especially with respect to existing or potential residential
development.
15.
Residential Buffer
In the case of a residential development locating adjacent to an existing or
proposed non-residential use or zone, Council may require the developer of the
residential use to provide a buffer. Any such buffer shall be made up of hedges,
trees, shrubs, earthen berms or structural barriers that will sufficiently mitigate
noise, visual unpleasantness and other undesirable effects. Trees and shrubs
existing on the site prior to development which could form all or part of a buffer
shall not be removed.
Witless Bay Development Regulations, Schedule C
Page 15
16. Agriculture
(a)
Only home based agriculture may be permitted at the discretion of
Council. Home based agriculture, including the keeping of livestock, at a
limited and minor scale, may only take place on residential property where
the size and general location of the property lot is sufficient to allow such
activity to take place in a manner that will be safe and nuisance free, with
respect to other areas. Such activity shall not in any way present a
nuisance or disturbance to surrounding property owners. Council shall
refer any agriculture related applications to the Department of Natural
Resources, Agrifoods Branch and the Department of Environment and
Conservation, Water Resources Division, for comments.
(b)
Traditional small scale hobby and subsistence agricultural uses may be
permitted such as vegetable gardens. Areas of steep slope where soil
erosion may occur shall not be developed for agriculture uses, unless a
soil erosion program can be developed and implemented.
17. Backlot Development
Where vacant parcels of land exist which have access to a public street and are
of sufficient size for a building lot, but which do not have the required frontage on
a publicly maintained street, they may be considered on a discretionary basis
provided the following conditions are met:
(a) the maximum setback for front lot line or side lot line (depending on lot
orientation) from a public street shall be a minimum of 32 metres and a
maximum of 100 metres from a public street. The minimum lot area
and all other development standards shall be the same as for other
residential development in this zone;
(b) only single dwellings may be permitted;
(c) lots must have direct access to, and street line frontage on, a public
street;
(d) the development of the lot would not prevent the use of adjoining lands
for future development.
Where there is potential for additional
development in the area, the lot and access shall be developed in a
manner which will accommodate future development. As such, the
access to the public street to which the owner must have clear title,
shall be a minimum width of 15 m to accommodate future public use;
(e) where there is no potential for future development, the access to the
public street shall be a minimum of 6 m in width and shall be treated as
a private driveway; which the owner must have clear title.
Witless Bay Development Regulations, Schedule C
Page 16
(f) the dwelling is separated from, and oriented, in a manner that does not
adversely affect the privacy and enjoyment of adjoining properties.
Separation distances may be required by the Council as a condition for
development, considering such things as slope, drainage, tree cover
and soil conditions.
(g) the development of the backlot does not affect the legal conformity of
the primary lot that has frontage on to a public street.
17.
East Coast Trail
The East Coast Trail is a natural walking/hiking trail along Witless Bay Harbour
and along the coastline of Atlantic Ocean which forms part of a much larger
coastal trail system. Council shall encourage the maintenance of the trail to
protect the natural landscape and views from the trial, and to ensure that future
development does not negatively impact the trail.
A 15 metre buffer shall be maintained along both sides of the trail where it
passes over Crown land to protect the natural landscape and views from the trial.
Council, in issuing any development permits within the planning area, shall
encourage landowners to take into consideration the effect of development on
the East Coast Trial and preservation of the scenic beauty along the Town's
coastline, where the East Coast Trail transverses private property.
18.
Steep Slopes and Flood Plains
Applications for sites having slopes greater than 20%, or potentially subject to
flooding or any other hazards such as landslides, shall not be permitted unless
the site has a geo-physical assessment conducted by a Professional Engineer or
other person qualified to make a determination, to ensure development can take
place without endangerment to health or safety.
Witless Bay Development Regulations, Schedule C
Page 17
Mir
USE ZONE TABLE
ZONE TITLE
RESIDENTIAL SUBDIVISION AREA (RSA)
PERMITTED USE CLASSES - (see Regulation 89)
None except maintenance and operation of existing uses.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Agriculture, conservation.
CONDITIONS FOR RESIDENTIAL SUBDIVISION AREA
1.
Purpose of the Residential Subdivision Area Zone
Lands zoned Residential Subdivision Area may be suitable for large-scale
residential development. The Residential Subdivision Area zoning prevents
development until comprehensive planning has been carried out as specified in
the Witless Bay Municipal Plan.
2.
Area Concept Plan
An Area Concept Plan shall be developed for a proposed subdivision
development and shall include adjacent lands within the area defined on the
zoning map as a Residential Subdivision Area. The requirements for an Area
Concept Plan are outlined in the Municipal Plan policy section 3.2.1.10. The Area
Concept Plan shall be advertised within a local newspaper and shall be placed
on public display for five business (5) days at the Town Hall, during regular
hours, for public viewing so that residents may be provided comments on the
proposed development to Council in writing. Area Concept Plans may be
considered for one lot minimal and multiple lot development proposals.
Council shall review all written submissions which shall be taken into
consideration prior to approving the Area Concept Plan and any Development
Regulations Amendment for rezoning the Planned Development Area to the
appropriate land use zone on the Land Use Zoning Map. Once the Area Concept
Plan and Development Regulations Amendment have been approved by Council,
the amendment shall be forwarded to the Department of Municipal Affairs for
registration and a notice published in the Newfoundland and Labrador Gazette as
well as a local newspaper. Note, under the Urban and Rural Plan Act, a public
hearing is not required for a Development Regulations Amendment.
Witless Bay Development Regulations, Schedule C
Page 18
3.
Subdivision Development Plan
A Subdivision Development Plan in this zone will be considered only if it is in
conformity with policies outlined in the Municipal Plan Policy 3.2.1.10. The
subdivision development plan shall conform to the general design and layout of
the area concept plan. The subdivision development plan does not require public
consultation, but is required to be submitted to the Council for development
approval and the issuing of any development permits.
4.
Discretionary Use
Discretionary uses permitted in this zone prior to the preparation and approval of
an Area Concept Plan shall not include the development of any permanent
structure.
5.
Onsite Water Supply and Sewage
All unserviced developments shall have an approved water and sewage service
design and approved by the Service NL prior to a Development Permit issued by
Council.
6.
East Coast Trail
The East Coast Trail is a natural walking/hiking trail along Witless Bay Harbour
and along the coastline of Atlantic Ocean which forms part of a much larger
coastal trail system. Council shall encourage the maintenance of the trail to
protect the natural landscape and views from the trial, and to ensure that future
development does not negatively impact the trail.
A 15 metre buffer shall be maintained along both sides of the trail where it
passes over Crown land to protect the natural landscape and views from the trial.
Council, in issuing any development permits within the planning area, shall
encourage landowners to take into consideration the effect of development on
the East Coast Trial and preservation of the scenic beauty along the Town's
coastline, where the East Coast Trail transverses private property.
Witless Bay Development Regulations, Schedule C
Page 19
USE ZONE TABLE
ZONE TITLE
MIXED DEVELOPMENT (MD)
PERMITTED USE CLASSES - (see Regulation 89)
Single dwelling.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Row dwelling, apartment building, cultural and civic, general assembly, club and lodge,
catering, indoor assembly, office, personal service, general service, communications, taxi stand,
take-out food service, shop, office, convenience store, light industry, recreational open space
and antenna.
CONDITIONS FOR MIXED DEVELOPMENT ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
8 metres*
(b) Maximum Building Line Setback
32 metres
(c) Minimum sideyards
3 metres
(d) Minimum Rearyard
15 metres
(e) Maximum Height
10 metres
(f) Minimum Floor area
50 m2
(g) Minimum Frontage
30 metres
(h) Minimum Lot Size
1860 m2
* Residential development shall conform to the standards of the Residential Land Use
Zone.
Witless Bay Development Regulations, Schedule C
Page 20
2.
Accessory Buildings for Residential Use
(a)
All accessory buildings shall have a maximum floor area of 70m2.
(b)
An accessory building will not be permitted to project in front of a building
line.
(c)
The maximum height shall be 6m with a minimum of lm from any property
line and 2m from the nearest corner of a residential dwelling.
(d)
The accessory building shall be finished in materials similar to the main
dwelling on the property.
(e)
Accessory buildings (private garages only) may be permitted in the
sideyard at Council discretion.
(f)
Accessory buildings are to be used strictly for ancillary purposes to the
permitted uses listed in this use zone. Accessory buildings for residential
properties shall not be used for non-residential uses without permission of
Council.
(g)
Aside from minor vehicle maintenance, no person shall use an accessory
building for the purpose of performing major repairs, painting, dismantling,
or scrapping of vehicles or machinery.
3.
Dwelling Frontage
The front wall of a dwelling shall be parallel to the street on which it is fronting
and has a civic number.
4.
Corner Lots
Properties situated on existing or proposed corner lots shall be deemed to have
two street frontages and shall be required to maintain the minimum building line
setback on both the primary and flanking streets as prescribed in the use zone
table.
5.
Discretionary Use Classes
The discretionary use classes listed in this table may be permitted at the
discretion of Council, provided that they are complementary to permitted uses
and will not inhibit or prejudice the existence or development of permitted uses.
Witless Bay Development Regulations, Schedule C
Page 21
6.
Buffer for Residential Uses
Where a non-residential use abuts a residential use, Council may require a
screen or barrier such as a fence, landscaped embankment, or trees to be
erected on the non-residential site along the lot lines, consistent with the visibility
requirements for traffic safety. Alternatively, Council may increase the sideyard
and rearyard requirements on the non-residential site to provide additional
separation from the abutting residential use.
7.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of Council, having regard to the
safety and convenience of users of adjacent streets and sidewalks, and
the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
8.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions and nearby buildings, and
amenities of the surrounding area.
Witless Bay Development Regulations, Schedule C
Page 22
9.
Home Businesses - Office, Medical and Professional Service, Personal
Service, Child Care and Light Industry Uses as Home Occupations
A Home Business is defined as an accessory use of a residential dwelling
consisting of an occupation or profession which generates revenue for the
resident.
Office, medical and professional service, personal service, and light industry
uses may be permitted provided they are carried out as home occupations,
businesses operated in the dwelling, or in a building subsidiary to the dwelling on
the same lot, by the occupants of the dwelling, and meet the following
requirements.
(a)
Office uses shall be limited to small business services and professional
offices;
(b)
Light Industry uses shall be limited to fabrication for the production of
handmade articles such as clothing, arts and crafts objects, and
workshops;
(c)
The use is clearly subsidiary to the residential use, does not alter the
residential character of the dwelling unit, and does not detract from the
residential character of the neighbourhood.
(d)
No wholesale sales or storage of goods is carried out, any retail sales are
incidental and subsidiary to the approved use, no repairs to vehicles or
heavy equipment are carried out.
(e)
Activities associated with the use are not hazardous and do not cause
noticeable noise, odour, dust, fumes, or inconvenience to occupants of
adjoining residences.
(f)
Activities associated with the use shall be carried on inside the dwelling or
in a building separate from the dwelling.
(g)
One building only, separate from the dwelling, may be used in connection
with a light industrial use and service use and shall conform to the
Accessory Buildings condition height and floor area limit for this zone;
child care use shall be carried out in the dwelling unit or be attached to the
dwelling unit.
(h)
Except for child care, no more than 30% of the total floor area of the
dwelling is devoted to the use.
(i)
The use shall not generate traffic, parking, sewage or water use in excess
of what is normal in the residential area.
(j)
Activities associated with the use are not hazardous and do not cause a
noticeable increase in noise, odour, dust or fumes, nor cause electrical
interference or in any other way result in a nuisance to the occupants of
surrounding residences.
(k)
The residential lot has sufficient area to accommodate the parking
Witless Bay Development Regulations, Schedule C
Page 23
requirements of the dwelling unit and the home occupation.
No regular parking of commercial vehicles except for one vehicle with a
gross weight of no greater than one tonne will be permitted on the lot or on
the road reservation adjacent to the lot.
10. Convenience Store
Convenience stores may only be permitted as a discretionary use provided that:
(a)
The convenience store forms part of the residential dwelling and shall not
exceed more than 25% of the total floor area of the building, to a
maximum of 45 m2.
(b)
The convenience store must front directly onto a public road.
(c)
The retail use shall be subsidiary to the residential character of the area,
and shall not affect residential amenities of adjoining properties.
(d)
Adequate provision for on site parking, loading, buffering and landscaping.
(e)
A convenience store shall not be located on single access or dead end
roads, unless on a corner lot at the intersection with a main road.
11.
Child Care
A day care or day nursery (i.e.: a child care operation in which services are
regularly provided to seven or more children), is subject to the following
conditions:
(a)
The operation is in accordance with all applicable provincial laws and
regulations.
(b)
A limit of one day care or day nursery will be permitted on any street.
(c)
The use will not occupy more than 70m2 or 40% of the floor area,
whichever is less.
(d)
Provision for off-street parking will be required as per the off-street parking
requirements of these Regulations.
(e)
The drop-off and pick-up of children will not interfere with the free flow of
vehicular traffic.
(f)
The use is not located adjacent to or near hazardous, dangerous, or
incompatible uses. These include, but are not limited to, heavy industrial
uses, service stations, garages, taverns, night clubs, and amusement
uses.
Witless Bay Development Regulations, Schedule C
Page 24
12. Boarding House Residential (Tourist Home/Bed and Breakfast)
A tourist home/bed and breakfast use in a dwelling may be permitted as a
discretionary use to provide room and board for tourists or the travelling public,
under the following conditions:
(a)
the use does not detract from the residential character of the neigh-
bourhood;
(b)
the use is carried out by a resident/owner of the dwelling unit;
(c)
the dwelling in which the tourist home/bed and breakfast use is carried out
is similar in exterior finish, design, height, and scale to a private residential
dwelling;
(d)
one parking space shall be provided for each guest room on the lot;
(e)
Council may require the parking area to be screened by a fence, or hedge;
(f)
the maximum number of guest rooms shall be five (5), and
(g)
the establishment shall be licensed under the Tourist Establishment
Regulations, as amended from time to time.
13. Outdoor and Open Storage
(a)
Outdoor storage will not be permitted in frontyards. It may be permitted in
sideyards and rearyards. Council may require fencing or other forms of
screening to prevent an unsightly appearance.
(b)
Open storage of goods or other items shall be limited to that which is
normally associated with the permitted residential use. Machinery or
equipment shall not be permitted to be stored on residential property.
Certain discretionary uses such as building supplies stores, gardening
supply business, may require open storage of goods as part of the
operation of the business. Council will ensure that these businesses do
not in any way present a nuisance or disturbance to surrounding property
owners.
14. Outdoor Market
An outdoor market may include a used car lot, provided due consideration is
given to the size and scale of the development relative to the site and to
surrounding uses. Due consideration shall also be given to buffering, off-street
parking, traffic movement, congestion, and safe access.
Witless Bay Development Regulations, Schedule C
Page 25
15.
General and Light Industrial Uses
General industrial uses shall be small scale uses such as small workshops and
warehouses, and autobody repair shops shall be permitted provided that;
(a)
The use shall constitute entirely or partly the livelihood of a person living in
the specified dwelling;
(b)
Activities associated with the use shall be carried on in building separate
from the residential dwelling;
(c)
One building only, separate from the dwelling, and located in the rear or
side yard a minimum of 2 m from any lot line, and having a maximum floor
area of 75 m2 and a height of no more than 6 m, may be used in
connection with the general or light industrial use;
(d)
Activities associated with the use are not hazardous and do not create a
nuisance by reason of noticeable noise, odour, dust or flames, or result in
electrical interference;
(e)
Retail sales are incidental and subsidiary to the approved use and there is
no outdoor storage of equipment or materials.
(f)
No change is made in the type, class or extent of the use without a permit.
(g)
Adequate on-site parking, loading, buffering and landscaping is provided.
16.
Service Station
A Service Station may be permitted only in the form of pump islands to dispense
motor vehicle fuel and only in conjunction with a Convenience Store on the same
site.
17. Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services. Development of
marine or water related uses such as wharfs, slipways, boathouse, etc. may be
permitted. All development occurring within these limits is subject to the approval
of Council and the Department of Environment and Conservation.
Witless Bay Development Regulations, Schedule C
Page 26
18.
East Coast Trail
The East Coast Trail is a natural walking/hiking trail along Witless Bay Harbour
and along the coastline of Atlantic Ocean which forms part of a much larger
coastal trail system. Council shall encourage the maintenance of the trail to
protect the natural landscape and views from the trial, and to ensure that future
development does not negatively impact the trail.
A 15 metre buffer shall be maintained along both sides of the trail where it
passes over Crown land to protect the natural landscape and views from the trial.
Council, in issuing any development permits within the planning area, shall
encourage landowners to take into consideration the effect of development on
the East Coast Trial and preservation of the scenic beauty along the Town's
coastline, where the East Coast Trail transverses private property.
Witless Bay Development Regulations, Schedule C
Page 27
USE ZONE TABLE
ZONE TITLE
COMMERCIAL LOCAL (CL)
PERMITTED USE CLASSES - (see Regulation 89)
Catering (restaurants only), office, medical and professional, personal service, general service,
shop, and convenience store, indoor market, commercial residential, service station, cultural
civic and shop.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
catering (lounges and bars), Clubs and lodges, amusement, taxi stand, service station, funeral
home, outdoor market, office, shopping centre, general services, light industry, antenna, and
recreational open space.
CONDITIONS FOR COMMERCIAL LOCAL ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
12 metres
(b) Minimum Sideyard Width
5 metres
(c) Minimum Rearyard Depth
10 metres
(d) Maximum Height
15 metres
2.
Discretionary Uses Classes
The discretionary use classes listed in the table may be permitted at the
discretion of the Council provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
Witless Bay Development Regulations, Schedule C
Page 28
3.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of Council, having regard to the
safety and convenience of users of adjacent streets and sidewalks, and
the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
4.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions and nearby buildings, and
amenities of the surrounding area.
5.
General Industry
Council may consider a general industry use within this Land Use Zone such that
the proposed use is associated with an existing commercial or industrial property.
Witless Bay Development Regulations, Schedule C
Page 29
6.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services. Development of
marine or water related uses such as wharfs, slipways, boathouse, etc. may be
permitted. All development occurring within these limits is subject to the approval
of Council and the Department of Environment and Conservation.
7.
Light Industry
Light industry is restricted to use that are nonhazardous, and do not create any
negative impacts on adjoining properties.
8.
Agriculture
Agriculture shall be limited to commercial greenhouses and nurseries.
9.
Open Storage
Outdoor storage of materials, goods and machinery shall meet the following
conditions, and any other requirement of the Use Zone in which they are located:
(a)
Where it is not the primary use of land, storage areas shall not be located
in the front yard.
(b)
Where storage areas are not screened from general view by vegetation or
topography, a storage area may be required to be enclosed by an opaque
wall or fence not less than 2 metres in height constructed of uniform
materials and approved by Council.
(c)
Storage of vehicles or other machinery or equipment, except transport
vehicles which may be parked in the open provided their parking area is
landscaped and suitably located, shall be prohibited in areas where there
is no screening or fencing.
(d)
Buffer areas shall not be used as storage areas.
Witless Bay Development Regulations, Schedule C
Page 30
10. Effects on Surrounding Areas
Any development in this use zone shall be generally acceptable within the
context of surrounding development and so shall not create unacceptable
amounts of noise, traffic, fumes, dust or other pollution or otherwise present a
nuisance, hazard or eyesore, especially with respect to existing or potential
residential development.
11. Convenience Stores and Shops
(a)
A convenience store or shop in any Commercial zone shall front directly
onto a publicly maintained road.
(b)
Convenience stores shall not negatively affect residential amenities of
adjoining properties. Outside storage shall be prohibited, except for that
incidental and related to the residential use.
(c)
Landscaping and adequate off street parking with clearly defined entrance
and exit points shall be provided.
(e)
Convenience stores shall not be located on single access or dead end
roads, unless on a corner lot at the intersection with a main road.
12. Service Stations and Garages
Service stations and garages may be approved by Council provided:
(a)
All gasoline pumps shall be located on pump islands designed for such
purposes, and to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Any access shall not be less than 7 metres wide and shall be clearly
marked, and where a service station is located on a corner lot, the centre
line of any access shall be at least 30 metres from the centre line of the
junction.
(d)
Surface run-off shall be directed to an oil/water separator before
discharging into any storm sewer or any other surface or sub-surface
drainage system
Witless Bay Development Regulations, Schedule C
Page 31
13.
Landscaping and Surfacing
Residential buildings lots shall be landscaped. No debris or material left over
from site preparation may be allowed to remain in general public view. The
surface of the entire building lot must be finished with a stable surface (grass,
pavement, gravel) to ensure dusty or muddy surface conditions will not arise.
14.
Effects on Surrounding Areas
Any development in any zone must be generally acceptable within the context of
surrounding development and so must not create unacceptable amounts of
noise, traffic, fumes, dust or other pollution or otherwise present a nuisance,
hazard or eyesore, especially with respect to existing or potential residential
development.
15.
Residential Buffer
In the case of a residential development locating adjacent to an existing or
proposed non-residential use or zone, Council may require the developer of the
residential use to provide a buffer. Any such buffer shall be made up of hedges,
trees, shrubs, earthen berms or structural barriers that will sufficiently mitigate
noise, visual unpleasantness and other undesirable effects. Trees and shrubs
existing on the site prior to development which could form all or part of a buffer
shall not be removed.
16.
East Coast Trail
The East Coast Trail is a natural walking/hiking trail along Witless Bay Harbour
and along the coastline of Atlantic Ocean which forms part of a much larger
coastal trail system. Council shall encourage the maintenance of the trail to
protect the natural landscape and views from the trial, and to ensure that future
development does not negatively impact the trail.
A 15 metre buffer shall be maintained along both sides of the trail where it
passes over Crown land to protect the natural landscape and views from the trial.
Council, in issuing any development permits within the planning area, shall
encourage landowners to take into consideration the effect of development on
the East Coast Trial and preservation of the scenic beauty along the Town's
coastline, where the East Coast Trail transverses private property.
Witless Bay Development Regulations, Schedule C
Page 32
USE ZONE TABLE
ZONE TITLE
COMMERCIAL HIGHWAY (CH)
PERMITTED USE CLASSES - (see Regulation 89)
Catering, office, medical and professional, personal service, shop, and convenience store,
passenger assembly, commercial residential, office, service station, cultural civic and shop.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Clubs and lodges, amusement, taxi stand, police station, funeral home, indoor market, outdoor
market, office, general services, veterinary, general industry, light industry, antenna, and
recreational open space.
CONDITIONS FOR COMMERCIAL HIGHWAY ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
(e) Minimum Building Line Setback
15 metres
(f) Minimum Sideyard Width
5 metres
(g) Minimum Rearyard Depth
10 metres
(h) Maximum Height
15 metres
2.
Discretionary Uses Classes
The discretionary use classes listed in the table may be permitted at the
discretion of the Council provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
Witless Bay Development Regulations, Schedule C
Page 33
3.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of Council, having regard to the
safety and convenience of users of adjacent streets and sidewalks, and
the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
4.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shalt be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions and nearby buildings, and
amenities of the surrounding area.
5.
General Industry
Council may consider a general industry use within this Land Use Zone such that
the proposed use is associated with an existing highway commercial or industrial
property.
Witless Bay Development Regulations, Schedule C
Page 34
6.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services. Development of
marine or water related uses such as wharfs, slipways, boathouse, etc. may be
permitted. All development occurring within these limits is subject to the approval
of Council and the Department of Environment and Conservation.
7.
Light Industry
Light industry is restricted to use that are nonhazardous, and do not create any
negative impacts on adjoining properties.
8.
Open Storage
Outdoor storage of materials, goods and machinery shall meet the following
conditions, and any other requirement of the Use Zone in which they are located:
(a)
Where it is not the primary use of land, storage areas shall not be located
in the front yard.
(b)
Where storage areas are not screened from general view by vegetation or
topography, a storage area may be required to be enclosed by an opaque
wall or fence not less than 2 metres in height constructed of uniform
materials and approved by Council.
(c)
Storage of vehicles or other machinery or equipment, except transport
vehicles which may be parked in the open provided their parking area is
landscaped and suitably located, shall be prohibited in areas where there
is no screening or fencing.
(d)
Buffer areas shall not be used as storage areas.
9.
Effects on Surrounding Areas
Any development in this use zone shall be generally acceptable within the
context of surrounding development and so shall not create unacceptable
amounts of noise, traffic, fumes, dust or other pollution or otherwise present a
nuisance, hazard or eyesore, especially with respect to existing or potential
residential development.
Witless Bay Development Regulations, Schedule C
Page 35
10. Convenience Stores and Shops
(a)
A convenience store or shop in any Commercial zone shall front directly
onto a publicly maintained road.
(b)
Convenience stores shall not negatively affect residential amenities of
adjoining properties. Outside storage shall be prohibited, except for that
incidental and related to the residential use.
(c)
Landscaping and adequate off street parking with clearly defined entrance
and exit points shall be provided.
(e)
Convenience stores shall not be located on single access or dead end
roads, unless on a corner lot at the intersection with a main road.
11. Service Stations and Garages
Service stations and garages may be approved by Council provided:
(a)
All gasoline pumps shall be located on pump islands designed for such
purposes, and to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Any access shall not be less than 7 metres wide and shall be clearly
marked, and where a service station is located on a corner lot, the centre
line of any access shall be at least 30 metres from the centre line of the
junction.
(d)
Surface run-off shall be directed to an oil/water separator before
discharging into any storm sewer or any other surface or sub-surface
drainage system
12. Landscaping and Surfacing
Residential buildings lots shall be landscaped. No debris or material left over
from site preparation may be allowed to remain in general public view. The
surface of the entire building lot must be finished with a stable surface (grass,
pavement, gravel) to ensure dusty or muddy surface conditions will not arise.
Witless Bay Development Regulations, Schedule C
Page 36
13.
Residential Buffer
In the case of a residential development locating adjacent to an existing or
proposed non-residential use or zone, Council may require the developer of the
residential use to provide a buffer. Any such buffer shall be made up of hedges,
trees, shrubs, earthen berms or structural barriers that will sufficiently mitigate
noise, visual unpleasantness and other undesirable effects. Trees and shrubs
existing on the site prior to development which could form all or part of a buffer
shall not be removed.
14.
Steep Slopes
Application for construction on sites having slopes greater than 20 %, or
potentially subject to flooding or any other hazard such as land slides, shall be
approved suitable for development by an engineer or other person qualified to
make such a determination to ensure that site development can take place
without endangerment of health or safety.
Witless Bay Development Regulations, Schedule C
Page 37
USE ZONE TABLE
ZONE TITLE
INDUSTRIAL LIGHT (IL)
PERMITTED USE CLASSES - (see Regulation 89)
General Industry, light industry.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Office, service station, shop, antenna.
CONDITIONS FOR INDUSTRIAL LIGHT ZONE
1. Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
10 metres
(b) Minimum Sideyards
5 metres
(c) Minimum Rearyard
15 metres
(d) Maximum Height
15 metres
2.
Discretionary Uses Classes
The discretionary use classes listed in the table may be permitted at the
discretion of the Council provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
3.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the adver-
Witless Bay Development Regulations, Schedule C
Page 38
tisement shall meet the requirements of Council, having regard to the
safety and convenience of users of adjacent streets and sidewalks, and
the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
4.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions and nearby buildings, and
amenities of the surrounding area.
5.
General Industry
Council may consider a general industry use within this Land Use Zone such that
the proposed use is associated with an existing highway commercial or industrial
property.
Witless Bay Development Regulations, Schedule C
Page 39
6.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services. Development of
marine or water related uses such as wharfs, slipways, boathouse, etc. may be
permitted. All development occurring within these limits is subject to the approval
of Council and the Department of Environment and Conservation.
7.
Light Industry
(a)
Light industry is restricted to use that are nonhazardous, and do not create
any negative impacts on adjoining properties.
(b)
Light Industrial uses along coastline shall also allow for development of
marine related industrial uses and transportation uses such as wharfs,
slipways, docks, and breakwaters.
8.
Storage of Flammable Liquids
"N. All uses and structures for the bulk storage of flammable liquids shall conform to
the requirements of the Provincial Fire Commissioner and shall be surrounded by
such buffers and landscaping may be required by Council to prevent damage to
adjacent uses by fire, explosion, or spills of flammable liquid.
9.
Open Storage
Outdoor storage of materials, goods and machinery shall meet the following
conditions, and any other requirement of the Use Zone in which they are located:
(a)
Where it is not the primary use of land, storage areas shall not be located
in the front yard.
(b)
Where storage areas are not screened from general view by vegetation or
topography, a storage area may be required to be enclosed by an opaque
wall or fence not less than 2 metres in height constructed of uniform
materials and approved by Council.
(c)
Storage of vehicles or other machinery or equipment, except transport
vehicles which may be parked in the open provided their parking area is
landscaped and suitably located, shall be prohibited in areas where there
is no screening or fencing.
(d)
Buffer areas shall not be used as storage areas.
Witless Bay Development Regulations, Schedule C
Page 40
10. Effects on Surrounding Areas
Any development in this use zone shall be generally acceptable within the
context of surrounding development and so shall not create unacceptable
amounts of noise, traffic, fumes, dust or other pollution or otherwise present a
nuisance, hazard or eyesore, especially with respect to existing or potential
residential development.
11. Convenience Stores and Shops
(a)
A convenience store or shop in any Commercial zone shall front directly
onto a publicly maintained road.
(b)
Convenience stores shall not negatively affect residential amenities of
adjoining properties. Outside storage shall be prohibited, except for that
incidental and related to the residential use.
(c)
Landscaping and adequate off street parking with clearly defined entrance
and exit points shall be provided.
(e)
Convenience stores shall not be located on single access or dead end
roads, unless on a corner lot at the intersection with a main road.
12. Service Stations and Garages
Service stations and garages may be approved by Council provided:
(a)
All gasoline pumps shall be located on pump islands designed for such
purposes, and to which automobiles may gain access from either side.
(b)
Pump islands shall be set back at least 4 metres from the front lot line.
(c)
Any access shall not be less than 7 metres wide and shall be clearly
marked, and where a service station is located on a corner lot, the centre
line of any access shall be at least 30 metres from the centre line of the
junction.
(d)
Surface run-off shall be directed to an oil/water separator before
discharging into any storm sewer or any other surface or sub-surface
drainage system
Witless Bay Development Regulations, Schedule C
Page 41
13.
Landscaping and Surfacing
Residential buildings lots shall be landscaped. No debris or material left over
from site preparation may be allowed to remain in general public view. The
surface of the entire building lot must be finished with a stable surface (grass,
pavement, gravel) to ensure dusty or muddy surface conditions will not arise.
14.
Residential Buffer
In the case of a residential development locating adjacent to an existing or
proposed non-residential use or zone, Council may require the developer of the
residential use to provide a buffer. Any such buffer shall be made up of hedges,
trees, shrubs, earthen berms or structural barriers that will sufficiently mitigate
noise, visual unpleasantness and other undesirable effects. Trees and shrubs
existing on the site prior to development which could form all or part of a buffer
shall not be removed.
15.
Steep Slopes
Application for construction on sites having slopes greater than 20 %, or
potentially subject to flooding or any other hazard such as land slides, shall be
approved suitable for development by an engineer or other person qualified to
make such a determination to ensure that site development can take place
without endangerment of health or safety.
16.
East Coast Trail
The East Coast Trail is a natural walking/hiking trail along Witless Bay Harbour
and along the coastline of Atlantic Ocean which forms part of a much larger
coastal trail system. Council shall encourage the maintenance of the trail to
protect the natural landscape and views from the trial, and to ensure that future
development does not negatively impact the trail.
A 15 metre buffer shall be maintained along both sides of the trail where it
passes over Crown land to protect the natural landscape and views from the trial.
Council, in issuing any development permits within the planning area, shall
encourage landowners to take into consideration the effect of development on
the East Coast Trial and preservation of the scenic beauty along the Town's
coastline, where the East Coast Trail transverses private property.
Witless Bay Development Regulations, Schedule C
Page 42
USE ZONE TABLE
ZONE TITLE
PUBLIC BUILDINGS (PB)
PERMITTED USE CLASSES - (see Regulation 89)
Educational, cultural and civic uses, general assembly, government or public offices, place of
worship, child care.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Indoor assembly, outdoor assembly, take-out food service, catering and antenna.
CONDITIONS FOR PUBLIC BUILDINGS ZONE
1.
Development Standards
The development standards for this zone shall be as follows:
(a) Minimum Building Line Setback
10 metres
(b) Minimum Sideyards
5 metres
(c) Minimum Rearyard
10 metres
(d) Maximum Height
15 metres
2.
Discretionary Use Classes
The discretionary use classes listed in the table may be permitted at the
discretion of the Council provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
3.
Offices
Government offices, banks, and other offices of a public nature shall be permitted
in this zone. Commercial offices or offices associated with a business operation
shall not be permitted.
Witless Bay Development Regulations, Schedule C
Page 43
4.
Shop and Catering Uses
(a)
A shop may be permitted where it is associated with a public assembly
use relating to the selling or renting of items related to a public assembly
use and taking place on-site
(b)
Catering may be permitted in associations with a permitted use such as
church functions, weddings, parties, etc. Catering use will only be
permitted as a temporary use by Council.
5.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the adver-
tisement shall meet the requirements of Council, having regard to the
safety and convenience of users of adjacent streets and sidewalks, and
the general amenities of the surrounding area.
(b)
No advertisement shall exceed 1.5 m2 in area.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
6.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 1.5 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
Free standing portable illuminated signs ("yellow" or "Light Up Portable
Signs") will not be allowed in the residential area.
Witless Bay Development Regulations, Schedule C
Page 44
(d)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
streets, the location of street junctions and nearby buildings, and
amenities of the surrounding area.
7.
Cemetery
A Cemetery must be associated with, and on the same grounds as, a place of
worship.
8.
Take-out Food Service
A take-out food service shall be subsidiary to a permitted use.
9.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services. Development of
marine or water related uses such as wharfs, slipways, boathouse, etc. may be
permitted. All development occurring within these limits is subject to the approval
of Council and the Department of Environment and Conservation.
10.
Effects on Surrounding Areas
Any development in this use zone shall be generally acceptable within the
context of surrounding development and so shall not create unacceptable
amounts of noise, traffic, fumes, dust or other pollution or otherwise present a
nuisance, hazard or eyesore, especially with respect to existing or potential
residential development.
Witless Bay Development Regulations, Schedule C
Page 45
11.
Landscaping and Surfacing
Residential buildings lots shall be landscaped. No debris or material left over
from site preparation may be allowed to remain in general public view. The
surface of the entire building lot must be finished with a stable surface (grass,
pavement, gravel) to ensure dusty or muddy surface conditions will not arise.
12.
Effects on Surrounding Areas
Any development in any zone must be generally acceptable within the context of
surrounding development and so must not create unacceptable amounts of
noise, traffic, fumes, dust or other pollution or otherwise present a nuisance,
hazard or eyesore, especially with respect to existing or potential residential
development.
13.
Residential Buffer
In the case of a residential development locating adjacent to an existing or
proposed non-residential use or zone, Council may require the developer of the
residential use to provide a buffer. Any such buffer shall be made up of hedges,
trees, shrubs, earthen berms or structural barriers that will sufficiently mitigate
noise, visual unpleasantness and other undesirable effects. Trees and shrubs
existing on the site prior to development which could form all or part of a buffer
shall not be removed.
14.
Steep Slopes
Application for construction on sites having slopes greater than 20 `)/0, or
potentially subject to flooding or any other hazard such as land slides, shall be
approved suitable for development by an engineer or other person qualified to
make such a determination to ensure that site development can take place
without endangerment of health or safety.
Witless Bay Development Regulations, Schedule C
Page 46
USE ZONE TABLE
ZONE TITLE
OPEN SPACE RECREATION (OSR)
PERMITTED USE CLASSES - (see Regulation 89)
Recreational open space and conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Indoor assembly, outdoor assembly, cultural and civic, catering (take-out food service) and
antenna.
CONDITIONS FOR OPEN SPACE RECREATION ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in the table may be permitted at the
discretion of the Council provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
2.
Take-Out Food Service
A take-out food service use may be permitted considered on a discretionary
basis provided it serves recreational activities only.
3.
Accessory Buildings
Accessory buildings may be permitted at the discretion of the Council provided
that they are complementary to uses within the permitted use classes.
4.
Effects on Surrounding Areas
Any development must be generally acceptable within the context of surrounding
development so as not create unacceptable amounts of noise, traffic, fumes, dust
or other pollution or otherwise present a nuisance, hazard or eyesore, especially
with respect to existing or potential residential development.
Witless Bay Development Regulations, Schedule C
Page 47
5.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services. Development of
marine or water related uses such as wharfs, slipways, boathouse, etc. may be
permitted. All development occurring within these limits is subject to the approval
of Council and the Department of Environment and Conservation.
6.
East Coast Trail
The East Coast Trail is a natural walking/hiking trail along Witless Bay Harbour
and along the coastline of Atlantic Ocean which forms part of a much larger
coastal trail system. Council shall encourage the maintenance of the trail to
protect the natural landscape and views from the trial, and to ensure that future
development does not negatively impact the trail.
A 15 metre buffer shall be maintained along both sides of the trail where it
passes over Crown land to protect the natural landscape and views from the trial.
Council, in issuing any development permits within the planning area, shall
encourage landowners to take into consideration the effect of development on
the East Coast Trial and preservation of the scenic beauty along the Town's
coastline, where the East Coast Trail transverses private property.
Witless Bay Development Regulations, Schedule C
Page 48
USE ZONE TABLE
ZONE TITLE
CONSERVATION (CON)
PERMITTED USE CLASSES - (see Regulation 89)
Conservation, cemetery.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Agriculture, forestry, transportation (sheds and wharves along the coastline), and antenna.
CONDITIONS FOR CONSERVATION ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in the table may be permitted at the
discretion of the Council provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
2.
Agricultural Use
Traditional small scale hobby and subsistence agricultural uses may be permitted
such as vegetable gardens. Areas of steep slope where soil erosion may occur
shall not be developed for agriculture uses, unless a soil erosion program can be
developed and implemented.
3.
Cemetery
Cemeteries which are located separately from a church shall be permitted in the
Conservation zone.
4.
Accessory Building
An accessory building may be permitted in association with a cemetery and shall
have a maximum floor area of 20 m2. Accessory buildings shall be located a
minimum of 3 metres from the nearest part of the main building and a minimum
of 1 metre from a side and rear lot line and a maximum height of an accessory
building shall be 4 metres.
Witless Bay Development Regulations, Schedule C
Page 49
5.
Sheds and Wharves
Sheds and Wharves maybe developed along the coastline at the discretion of the
Council provided they are marine related and small scale in nature.
6.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services. Development of
marine or water related uses such as wharfs, slipways, boathouse, etc. may be
permitted. All development occurring within these limits is subject to the approval
of Council and the Department of Environment and Conservation.
7.
East Coast Trail
The East Coast Trail is a natural walking/hiking trail along Witless Bay Harbour
and along the coastline of Atlantic Ocean which forms part of a much larger
coastal trail system. Council shall encourage the maintenance of the trail to
protect the natural landscape and views from the trial, and to ensure that future
development does not negatively impact the trail.
A 15 metre buffer shall be maintained along both sides of the trail where it
passes over Crown land to protect the natural landscape and views from the trial.
Council, in issuing any development permits within the planning area, shall
encourage landowners to take into consideration the effect of development on
the East Coast Trial and preservation of the scenic beauty along the Town's
coastline, where the East Coast Trail transverses private property.
Witless Bay Development Regulations, Schedule C
Page 50
USE ZONE TABLE
ZONE TITLE
WATERSHED (WAT)
PERMITTED USE CLASSES - (see Regulation 89)
Conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Recreational open space
CONDITIONS FOR WATERSHED ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in the table may be permitted at the
discretion of the Council provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
2.
Recreation
Only passive recreational activities such as hiking and skiing shall be permitted in
the watershed area.
Witless Bay Development Regulations, Schedule C
Page 51
USE ZONE TABLE
ZONE TITLE
RURAL (RUR)
PERMITTED USE CLASSES - (see Regulation 89)
Agriculture, forestry, recreational open space, and conservation.
DISCRETIONARY USE CLASSES - (see Regulations 22 and 90)
Single dwelling, veterinary, outdoor market, outdoor assembly, general industry, mineral
working, recreational open space, cemetery, animal, utilities (see condition); and antenna.
CONDITIONS FOR RURAL ZONE
1.
Discretionary Use Classes
The discretionary use classes listed in the table may be permitted at the
discretion of the Council provided that they are complementary to uses within the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
2.
Development Standards
The development standards for uses in this zone shall be determined case-by-
case and shall conform to the standards for the same uses in other zones.
3.
Single Dwellings
Single residential dwellings may be permitted in conjunction with a permitted use
such as agriculture. The agricultural uses shall be a commercial business and
the full time farmer shall obtain a minimum of 50 % of his or her gross income
from the farm operation. The commercial operation shall be in operation for a
minimum of two years before Council will approve any residential development.
4.
General Industry
Witless Bay Development Regulations, Schedule C
Page 52
General Industrial uses and associated accessory uses may be permitted by
Council provided that:
(a)
The use is restricted to maintenance and repair of equipment, processing
and storage related to agriculture or forestry uses,
(b)
The proposed use will not have an adverse visual impact on the built-up
areas of the Town and Council may require that the site be screened or
not visible from public roads and the built-up area,
(c)
The proposed use will not generate an increase in traffic on roads in the
built-up areas of the Town,
(d)
The proposed site can be developed without negative impact on the
natural environment and amenities of the Town, including watercourses
and ponds.
5
Residential Buffer
any proposed non-residential use is to abut an existing or proposed
residential use or a Residential zone, the proponent of the non-residential
development may be required to provide a buffer. Conversely, in the case of a
reside lal development locating adjacent to an existing or proposed non-
sidr :ial use or zone, Council may require the developer of the residential use
to p wide a buffer. Any such buffer shall be made up of hedges, trees, shrubs,
earthen berms or structural barriers that will sufficiently mitigate noise, visual
unpleasantness and other undesirable effects. Trees and shrubs existing on the
site prior to development which could form all or part of a buffer shall not be
removed.
Before approving any non-residential development near existing or proposed
residential development or Residential zones, Council must be satisfied that the
proposed non-residential development:
(a)
will not give rise to excessive noise or other forms or pollution,
(b)
will not generate vehicle traffic which is above the level acceptable to
adjacent residential amenities,
(c)
will not cause unacceptable nuisance or hazard to adjacent residential
uses, and
(d)
can, in general, be considered acceptable to the amenity of residential
uses.
6.
Buffer (around waterways and waterbodies)
No development will be permitted within 15 metres of the high water mark of
Witless Bay Development Regulations, Schedule C
Page 53
S
rivers or streams, or within 15 metres of the shoreline of ponds, with the
exception of conservation structures such as those designed to control flooding
and erosion as well as bridges, pathways, and public services. Development of
marine or water related uses such as wharfs, slipways, boathouse, etc. may be
permitted. All development occurring within these limits is subject to the approval
of Council and the Department of Environment and Conservation.
7.
East Coast Trail
The East Coast Trail is a natural walking/hiking trail along Witless Bay Harbour
and along the coastline of Atlantic Ocean which forms part of a much larger
coastal trail system. Council shall encourage the maintenance of the trail to
protect the natural landscape and views from the trial, and to ensure that future
development does not negatively impact the trail.
8.
Advertisements Relating to Onsite Uses
The conditions for the erection or display of an advertisement on any lot or site
occupied by a permitted use or a legal non-conforming use shall be as follows:
(a)
The size, shape, illumination and material construction of the
advertisement shall meet the requirements of Council, having regard to
the safety and convenience of users of adjacent streets and sidewalks,
and the general amenities of the surrounding area.
(b)
No advertisement shall exceed 5 m2 in area.
9.
Advertisements Relating to Offsite Uses
The conditions for the erection or display of an advertisement on any site,
relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
(a)
No advertisement shall exceed 3 m2 in area.
(b)
When the advertisements relate to a specific land use, they shall be
located within a reasonable distance of, and only show thereon the name
and nature of the distance or direction to, the premises to which they
relate.
(c)
The location, siting and illumination of each advertisement shall be to the
satisfaction of Council, having regard to the grade and alignment of
Witless Bay Development Regulations, Schedule C
Page 54
streets, the location of street junctions and nearby buildings, and the
amenities of the surrounding area.
10.
Seasonal Residential
Seasonal residential use and recreation cottage use shall not be permitted within
the Rural land use zone.
11.
Mineral Working
Council may permit mineral working subject to the following conditions:
(a)
Effective tree screens shall be maintained around the periphery of any
mineral working. Where trees are not present to create an effective
screen, Council may require the installation of a landscaped embankment
or fence.
(b)
Topsoil removed for mineral working shall be retained for restoration of the
site.
(c)
No mineral working shall be conducted which causes danger or nuisance
to the public.
(d)
No mineral working shall be permitted within the view of a designated
scenic road.
(e)
Proposed mineral working operations will be evaluated carefully by
Council in conjunction with the Department of Natural Resources.
(f)
No mineral working shall unacceptably reduce the quality of water in a
watercourse or waterbody. Any access road which crosses a watercourse
shall have a bridge or culvert according to the regulations of the
Department of Environment and Conservation.
(g)
No mineral working shall result in the excavation of land below the level of
the water table nor cause the ponding of water. However, settling ponds
may be permitted with the approval of the Department of Environment and
Conservation.
(h)
No mineral working shall be carried out in a manner which causes the
erosion of adjacent land.
(i)
The mineral working shall be kept clean of refuse, abandoned vehicles
and equipment, and derelict buildings.
(j)
Upon completion of mineral working, and when there is no intention to re-
open such operations, all buildings and machinery shall be removed from
the site and the site restored so as not to constitute a danger to the public
or present an unsightly appearance.
1.
Separation from Adjacent Uses
Witless Bay Development Regulations, Schedule C
Page 55
Unless the Authority is satisfied that the working will not create a nuisance and
will not adversely affect the amenity of the specified development or natural
feature, no mineral working shall be located closer than the minimum distances
set out below to the specified development or natural feature:
Minimum Distance of
Pit and Quarry Workings
From:
Existing or proposed Residential Development
- where no blasting is involved
300 metres
- where blasting is involved
1000 metres
Any other developed area or area likely
150 metres
to be developed during the life
of the pit or quarry working.
Public highway or street
50 metres
Protected Road
90 metres
Waterbody or watercourse
50 metres
2.
Screening
A mineral working shall be screened in the following manner where it is visible
from a public street or highway, developed area, or area likely to be developed
during the life of the use:
(a)
Where tree screens exist between the mineral working and adjacent
public highways and streets or other land uses (excepting forestry and
agriculture), the tree screens shall be retained in a 30-metre wide strip of
vegetation so that visibility of any part of the use from the surrounding
uses or streets will be prevented. The tree screens must be maintained
by the owner or occupier of the use to retain 30 metres in a forested
appearance. Where vegetation dies or is removed from the 30-metre
strip, the Authority may require new trees of a minimum height of 1 metre
be planted to fill in the areas affected to the satisfaction of the Authority
or, at the discretion of the Authority, condition 4(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
Witless Bay Development Regulations, Schedule C
Page 56
prevent visibility of any part of the mineral working from adjacent uses
(excepting forestry and agriculture), or adjacent public highways and
streets. The berms shall be landscaped to the Authority's satisfaction.
(c)
Where natural topography creates a visual screen between mineral
workings and adjacent public highways and streets or other land uses
(excepting forestry and agriculture), additional screening may not be
required.
(d)
Where effective screening for any mineral working or associated
processing or manufacturing use cannot be installed or located as
required in (a) - (c) above, the Authority may refuse to permit the use or
associated activity.
3.
Fencing
The Authority may require the mineral working site or excavated areas of a pit
or quarry working to be enclosed by a fence designed and constructed to its
specifications and no less than 1.8 metres in height.
4.
Water Pollution
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any waterbody or watercourse. Any access road
to a pit or quarry working which crosses a brook or stream shall be bridged or
culverted at the crossing in accordance with the Regulations of the Department
of Environment and Conservation.
5.
Water Ponding
No mineral working or associated storm or sanitary drainage shall unacceptably
reduce the quality of water in any waterbody or watercourse. Any access road
to a pit or quarry working which crosses a brook or stream shall be bridged or
culverted at the crossing in accordance with the Regulations of the Department
of Environment and Conservation.
6.
Erosion Control
Witless Bay Development Regulations, Schedule C
Page 57
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
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 active
quarry or stockpile areas. The owner or operator shall ensure that the quality of
the topsoil is not affected by dilution with other materials.
Termination and Site Rehabilitation
10.
Upon completion of the mineral working, the following work shall be carried out
by the operation:
(a)
All buildings, machinery and equipment shall be removed.
(b)
All pit and quarry slopes shall be graded to slopes less than 20° or to the
slope conforming to that existing prior to the mineral working.
(c)
Topsoil and any organic materials shall be re-spread over the entire
quarried area.
(d)
The access road to the working shall be ditched or barred to the
satisfaction of the Authority.
11.
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.
Witless Bay Development Regulations, Schedule C
Page 58
12. Short-term Mineral Workings
The following conditions shall apply to a Mineral Working which is subject to a
Department of Mines and Energy Quarry Permit or which is proposed for a
duration of less than five years. The Authority may require an applicant for a
development permit under this condition to meet the stipulations set out in
condition 18 below, if the Authority determines that the size of the parcel or of
the proposed mineral working, or the size of the aggregate resource in the
surrounding area is sufficiently large or the duration is sufficiently long to
warrant the application of condition 18.
(a)
An application for a development permit for the proposed Mineral
Working use shall be accompanied by a detailed sketch or sketches
satisfactory to the Authority which shall show the location of physical site
features and extraction and processing features required by the
Authority, including but not limited to:
(i)
the general area of the location of the mineral working;
(ii)
boundaries of the parcel to be mined (ie. land covered by the
development application);
(Hi)
extent of the site area to be mined;
(iv)
roads, parking and loading areas and entrance and exit to the
site;
(v)
waterbodies within the boundaries;
(vi)
waterbodies within 250 metre radius of the boundary;
(vii)
channels or ponds to be removed, shifted and created; and
(viii) the location of any building or structure and equipment which will
be located on the site.
(b)
Upon completion of the mineral working operations on the site, the
developer shall meet the conditions set out above and any other
condition(s) stated in the development permit that the Authority deems
necessary for restoration of the site.
(c)
A temporary development permit may be issued for a maximum of one
year and may not be renewed after five consecutive years. Upon expiry
of the development permit the Authority shall inspect the site to confirm
compliance with the development permit and development regulations.
16. Long-term Mineral Workings
The following conditions shall apply to a Mineral Working subject to a
Witless Bay Development Regulations, Schedule C
Page 59
Department of Mines and Energy Quarry Lease or of a duration of 5 years or
greater.
(a)
An application for a development permit shall include a Mineral Working
Development Plan satisfactory to the Authority for the proposed Mineral
Working use, which shall include a site plan showing the location of
physical site features and extraction and processing features required by
the Authority including but not limited to:
(i)
boundaries of the parcel to be mined;
(ii)
extent of site area(s) to be mined;
(Hi)
buildings and structures on the site;
(iv)
roads, parking and loading areas and entrance and exit to the
site;
(v)
fences, berms and landscaping provided for screening;
(vi)
waterbodies and channels to be removed, shifted and created;
(vii)
location and expected maximum height of stockpiles of mined
ores, sand and gravel;
viii)
location of major machinery and conveyors for receiving and
processing raw ores including machinery for sifting, washing and
grading ores, and the manufacturing of concrete and stone
products;
(ix)
the probable location of storage piles of topsoil and overburden
removed from earlier phases of mined areas and temporarily
being stored for replacement under the Reclamation plan; and
(x)
intended phases of mining operations to be carried out over all
portions of the site.
(b)
An application for a development permit shall include a Mineral Working
Reclamation Plan satisfactory to the Authority for the proposed mineral
working use which shall explain, illustrate and show to the satisfaction of
the Authority a plan for restoration of the site which includes final ground
contours, slopes, depth of topsoil, and vegetation and a phasing plan if
necessary in the form of a grading and landscape plan or plans.
17.
Financial Guarantee
(a)
The developer shall provide a financial guarantee in the form of a
performance bond or unconditional and irrevocable letter of credit or
other form acceptable to the Authority.
(b)
The financial guarantee shall be the greater of (a) $5,000 per hectare,
prorated on the basis of area to a minimum of $500, or (b) an amount to
Witless Bay Development Regulations, Schedule C
Page 60
cover the costs of restoring or landscaping the site after the quarry
operations have ended or the site is abandoned by the applicant.
(c)
The financial guarantee shall be returned when the Reclamation Plan
has been carried out or the development terminated and any conditions
attached to the development permit have been met to the satisfaction of
the Authority."
18.
Permit Fee
The development permit fee for a Mineral Working use shall be determined by
the Authority in an amount sufficient to cover the review of the Development
and Reclamation Plans or the detailed sketch as required above, and
determination of the amount of the financial guarantee described in section 19
above by a professional engineer, ongoing inspection of the site for conformity
with the named Plans or sketches and with the conditions of the development
permit, and inspection of the site to determine acceptable reclamation for
purposes of return or cancellation of the financial guarantee.
Town of Witless Bay
Schedule D
Page 1
OFF-STREET PARKING REQUIREMENTS
CLASS
ASSEMBLY USES
(a) Theatre
Two spaces for every 5 seats
(b) Cultural and Civic
One space for every 50m2 of gross floor area
(c) Educational
K - 12 - 3 spaces for every classroom.
Other facilities - 1 space for every 5 persons using the facilities (students,
faculty and staff)
(d) Place of Worship
Two spaces for every 5 seats
(e) Passenger Assembly
As specified by the Council
(f) Private Club
One space for every 3 persons that may be accommodated at one time
(g) Catering
One space for every 3 persons that may be accommodated at one time
(h) Lounges and Bars
One space for every 3 persons that may be accommodated at one time
(i) Funeral Home
One space for every 10m2 of gross floor area
Q) Child Care
One space for every 20m` of gross floor area
(k) Amusement
One space for every 10m2 of gross floor area
(I) Indoor Assembly
One space for every 10 persons that may be accommodated at one time
(m) Outdoor Assembly
As specified by the Council
CLASS
INSTITUTIONAL USES
(a) Detention Centre
As specified by the Council.
(b) Medical Treatment and Special Care
One space for every 20m2 of gross floor area
(c) Special Care
One space for every bed
(d) Collective Residential
As specified by the Council
Off-Street Parking Requirements, Witless Bay 2013-2023
Town of Witless Bay
Schedule D
Page 2
CLASS
RESIDENTIAL USES
(a) Single Dwelling
Two spaces for every dwelling unit
(b) Double Dwelling
Two spaces for every dwelling unit
(c) Row Dwelling
Two spaces for every dwelling unit
(d) Apartment Building
Three spaces for every 2-dwelling units
(e) Subsidiary Apartment
One space for every apartment unit
(f) Hospitality Home
As specified by the Council
(g) Boarding House Residential
One space for every residential unit
(h) Mobile Home
Two spaces for every residential unit
CLASS
BUSINESS AND PERSONAL SREVICES
(a) Office
One space for every 20m` of gross floor area
(b) Professional Service
One space for every 20m` of gross floor area
(c) Personal Service
One space for every 20m` of gross floor area
(d) General Service
One space for every 20m` of gross floor area
(e) Communications
As specified by the Council
(f) Home Occupation
Minimum of 1 space per non-resident employee
CLASS
COMMERCIAL USES
(a) Shopping Centre
One space for every 20m` of gross floor area
(b) Shop
Min. of 2 spaces plus one space for every 20m2 of gross floor area
(c) Convenience Store
Min. of 2 spaces plus one space for every 20m` of gross floor area
(d) Take-Out Food
Min. of 2 spaces plus one space for every 15m` of gross floor area
(e) Vending Stand
Minimum of 2 spaces plus additional as specified by the Council
(f) Indoor Market
As specified by the Council
(g) Outdoor Market
As specified by the Council
(h) Service Station
One space for every 20m` of gross floor area
(i) Commercial Residential
One space for every rental room
Off-Street Parking Requirements, Witless Bay 2013-2023
Town of Witless Bay
Schedule D
Page 3
CLASS
INDUSTRIAL USES
(a) Hazardous Industry
One space for every employee, plus 3
(b) General Industry
One space for every employee, plus 3
(c) Light Industry
One space for every employee, plus 3
CLASS
NON-BUILDING USES
(a) Outdoor Recreation
As specified by the Council
(b) Conservation
As specified by the Council
(c) Cemetery
As specified by the Council
(d) Scrap Yard
As specified by the Council
(e) Animal
Min. of 2 spaces plus one space for every 20m2 of gross floor area
(f) Transportation
As specified by the Council
Off-Street Parking Requirements, Witless Bay 2013-2023