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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 996/96

Protected Road Zoning Regulations
under the
Urban and Rural Planning Act
(O.C. 96-217)

Amended by:

101/96
86/98 (In force Aug. 1/98)
56/99 (In force Jan. 1/99)
8/00
24/01
2001 c42 s45
34/07
21/10
2010 c31 s17
64/11
100/11

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 996/96

Protected Road Zoning Regulations
under the
Urban and Rural Planning Act
(O.C. 96-217)

Under the authority of section 61 of the Urban and Rural Planning Act and the Subordinate Legislation Revision and Cons olidation Act, the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis


       
1.   Short title

              PART I
DEFINITIONS

       
2.   Definitions

              PART II
PROTECTED ROAD CLASSIFICATIONS

       
3.   Categories of protected roads

              PART III
GENERAL

       
4.   Control of development

       
5.   Building control lines established

       
6.   Development within building control lines

       
7.   Designation of protected road zoning areas

       
8.   Designation of protected road zoning plans

       
9.   Use zones defined

     
10.   Areas with approved plans

     
11.   Limited access highways

              PART IV
ADMINISTRATION

     
12.   Application forms

     
13.   Approval in principle/permit to develop

     
14.   Minor variance

     
15.   Right to appeal

     
16.   Prior development

     
17.   Site inspections

     
18.   Offence

              PART V
DEVELOPMENT STANDARDS

     
19.   Accesses and service streets

     
20.   Accessory buildings and extensions to conforming uses

     
21.   Setbacks

     
22.   Construction standards

     
23.   Frontage

     
24.   Non-conforming use

     
25.   Replacement of non-conforming building

     
26.   Parks, playgrounds and conservation areas

     
27.   Parking requirements

     
28.   Public services and public utilities

     
29.   Site dimensions

     
30.   Street design

     
31.   Subdivided land

     
32.   Development not involving subdivision

     
33.   Unsightly areas

     
34.   Water body reservation

     
35.   Repeal


Schedule A


Schedule B


Short title

        1. (1) These regulations may be cited as theProtected Road Zoning Regulations.

             (2)  These regulations apply to all protected roads designated by the Lieutenant-Governor in Council under section 61 of the Urban and Rural Planning Act and described in Schedule B.

83/94 s1

PART I
DEFINITIONS

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Definitions

        2. In these regulations

             (a)  "access" means a street, road, lane, driveway, path, walk, gateway, culvert, bridge or other way, whether of the above kind or not, whether existing or proposed, intended for use by vehicles, pedestrians or animals as a means of going from a highway or road to land adjacent to the highway or road, whether or not that land lies within the building control lines;

             (b)  "Act" means the Urban and Rural Planning Act ;

             (c)  "advertisement" means a word, letter, model, sign, placard, board, 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 things employed wholly as a memorial, functional advertisement of local government, statutory undertakers and public transport undertakers, and includes boarding or similar structure used or adopted for use for the display of advertisements;

             (d)  "agricultural use" means horticulture, fruit growing, dairy farming, the breeding or keeping of livestock including a creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land, the use of land as grazing land, meadow land, market gardens and nursery grounds and the use of land for woodlands where that use is ancillary to the farming of land for other purposes;

             (e)  "approval in principle" means the preliminary approval of an application relating to the use of land only and shall be followed by a detailed application and building plans before a permit to develop can be issued;

              (f)  "authority" means the body or person designated by the minister to administer these regulations;

             (g)  "building" means a structure, erection, excavation, alteration or improvement placed on, over or under land, or attached, anchored or moored to land, and includes mobile structures, vehicles and marine vessels adapted or constructed for residential, commercial, industrial and other similar uses, and a part of a building as so defined and fixtures that form part of a building;

             (h)  "building control line" means a conceptual line paralleling the centre line of a protected road at a distance perpendicular to the centre line;

              (i)  "commercial use" means the occupancy or use of land or building for the purpose of selling or offering for sale goods, wares, merchandise or services, and includes the storage or warehousing of these goods, wares or merchandise;

              (j)  "cottage" means a dwelling containing one or more sleeping units, with or without cooking facilities, which is intended and designed for use and occupancy for recreational purposes and occasional living;

             (k)  "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 specifically includes

                      (i)  the making of an access onto a highway, road or way,

                     (ii)  the erection of an advertisement or sign,

                    (iii)  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

                    (iv)  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,

                     (v)  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,

                    (vi)  the carrying out by a local authority or statutory undertakers of works for the purpose of inspecting, repairing or renewing sewers, mains, pipes, cables or other apparatus, including the breaking open of a street or other land for that purpose,

                   (vii)  the use of a building or land within the courtyard of a dwelling house for a purpose incidental to the enjoyment of the dwelling house as a dwelling;

              (l)  "dwelling unit" means a dwelling containing one or more habitable rooms used or intended to be used together for living and sleeping purposes for not more than one family, plus toilet and cooking facilities, where the whole is a self-contained unit;

            (m)  "fishery use" means an activity for the production, storage and maintenance of fishery products or equipment including aquaculture, all ancillary structures to the main structure and all structures or areas designed for the curing of fish or fishery by-products and shall include structures or areas designated for the building, launching, docking or storage of a commercial fishing vessel and equipment related to the function of the vessel;

             (n)  "floor area" means the area of a building measured to the outside face of the exterior walls and in the case of a dwelling excludes a garage, undeveloped basement, balcony or attached porch;

             (o)  "forestry use" means the use of land for the purpose of forest and woodland management and includes the felling, cutting, trimming and thinning of forest or woodland for the extraction of timber from it or the reforestation of it;

             (p)  "frontage" means the horizontal distance between side lot lines measured at the street line;

             (q)  "garage" means a building erected solely for the storage of motor vehicles as an ancillary use to the main building on the lot;

              (r)  "hospitality home" means a family dwelling where rooms are rented to the public for periods of short duration and which is licensed or licensable under theTourist Establishment Regulations and "Bed and Breakfast" accommodations shall have the same connotation;

             (s)  "industrial use" means use of land or buildings for the purpose of altering, repairing, manufacturing, fabricating, canning, preparing, breaking up or demolishing, storing or treating of an article or commodity, or substances whatsoever;

              (t)  "infilling limits" means the geographic boundaries within which development may take place;

             (u)  "institution" means a building or part of it occupied or used by persons who

                      (i)  are involuntarily detained, or detained for penal or correctional purposes, or

                     (ii)  require special care or treatment because of age, mental or physical limitations or medical conditions;

             (v)  "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;

            (w)  "light industrial use" means use of land or buildings for the purpose of manufacturing, assembling, repairing, reconditioning, processing, storing or preparing of foods, clothing, appliances, vehicles, machinery, equipment or other goods that can be carried out without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust, grit or appearance;

             (x)  "limited access highway" means a road where accesses shall be limited to public road intersections or interchanges;

             (y)  "minister" means the minister appointed under the Executive Council Act to administer the Act;

             (z)  "mobile home" means a transportable, factory assembled family dwelling unit which is designed to be transported on its own wheels and chassis and, for the purpose of these regulations, 'mini-home' shall be construed accordingly;

           (aa)  "non-conforming use" means use or occupancy of land, buildings or premises or part of it that does not conform to the permitted land use or associated standards of these regulations;

          (bb)  "private recreational travel trailer park" means an area of land specially designated for an incorporated group of travel trailer owners who buy or lease the land jointly for the purpose of recreational travel trailer occupation;

           (cc)  "protected road" means a road designated under section 61 of the Act for the purpose of controlling development;

          (dd)  "protected road zoning plan" means a plan designating the land use permitted along a given portion of a protected road;

           (ee)  "reconstruction" means the replacement of a structure substantially the same in floor area, volume and appearance to the one destroyed or removed;

            (ff)  "roadway" means that part of the road designed or intended for use by vehicular traffic;

          (gg)  "service station" means land or building used exclusively for the sale of petroleum products, and may include greasing and oiling and washing and polishing of motor vehicles, minor adjustment or repair to vehicles, automotive accessories and temporary repairs of tires and tubes, and may in particular cases be associated with a convenience store or a snack bar;

          (hh)  "setback" means the perpendicular distance measured horizontally from the centre line of a highway, street or road to the nearest part of a building on the land adjoining the highway, street or road;

             (ii)  "subdivision" means the dividing of land, whether in single or joint ownership, into 2 or more pieces for the purpose of development;

             (jj)  "tourist cabin" means a building designed or intended to be used for residential use or occupation by the travelling public for a stay of short duration and containing one or more sleeping units in which guests are permitted to prepare and cook food; and

           (kk)  "travel trailer" includes a camper trailer, a tent trailer or a recreational camper having a maximum width of 2.6 metres, a maximum length of 8.5 metres which is licensable under the Highway Traffic Act.

83/94 s2; 56/99 s1

PART II
PROTECTED ROAD CLASSIFICATIONS

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Categories of protected roads

        3. (1) For the purpose of these regulations, all protected roads shall be given different classifications as defined by the minister and shall be classified under the following categories:

             (a)  Class I is a highway which is designated as a primary highway by the Department of Works, Services and Transportation or is presently or proposed to be divided by a median strip which shall allow right in and right out access only;

             (b)  Class II is a highway which is designated as a secondary road by the Department of Works, Services and Transportation and whose prime purpose is a transportation link for large outlying areas of the province; and

             (c)  Class III is a highway which is designated as either a secondary or tertiary road by the Department of Works, Services and Transportation and whose prime function is a local transportation link to the main highways from small isolated parts of the province.

             (2)  The protected roads classified by the minister are described in Schedule B.

83/94 s3

PART III
GENERAL

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Control of development

        4. (1) A person, corporation, partnership, association or other organization shall not carry out development of land within building control lines unless a permit for the development has been issued by the authority.

             (2)  Development of land within building control lines shall be carried out in accordance with these regulations and conditions set out in a development permit.

83/94 s4

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Building control lines established

        5. (1) Subject to subsections (2), (3) and (4), there is established on each side of every protected road a building control line which is 400 metres distant, measured perpendicular, from the centre line of the roadway.

             (2)  Within the municipal boundary of each incorporated municipality the building control line shall be 100 metres distant, measured perpendicular, from the centre line of the roadway.

             (3)  Outside a municipal boundary, but within a municipal planning area boundary, the building control line shall be 150 metres distant, measured perpendicular, from the centre line of the roadway.

             (4)  Within each unincorporated community, the building control line shall be 400 metres distant measured perpendicular from the centre line of the roadway or a lesser distance as established by an interim zoning plan or an approved protected road zoning plan.

             (5)  In the case of divided highways, the building control lines designated in subsections (1), (2), (3) and (4) shall be measured from the centre lines of the nearest driving lanes.

83/94 s5

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Development within building control lines

        6. (1) Subject to sections 7, 8 and 10, a permit for development within the building control lines of a protected road shall not be issued outside a community except for signs which shall be erected and displayed in accordance with the Highway Sign Regulations, premises for the purpose of providing services to the travelling public, development related to public, institutional or commercial recreation, including attraction sites, public utilities, waste disposal sites, cemeteries, development associated with forestry, fishing, agriculture or mining, and purposes incidental to or in conjunction with the above.

             (2)  Where a community fronts along a highway, in areas not covered under sections 7, 8 and 10, uses outlined in the mixed zone table in Schedule A may be permitted within the established infilling limits of that community.

83/94 s6

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Designation of protected road zoning areas

        7. (1) The minister may, subject to the approval of the Lieutenant-Governor in Council, under section 61 of the Act, designate an area within the building control lines of a protected road as a protected road zoning area.

             (2)  Where the minister under subsection (1) designates a protected road zoning area, the land shall be used only in accordance with these regulations, and an interim or draft plan.

             (3)  Where there is no interim or draft plan only uses as designated in section 6 may be permitted until the time a plan has been prepared under section 8.

83/94 s7

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Designation of protected road zoning plans

        8. (1) In accordance with section 7, the minister shall, when a protected road zoning area has been defined, arrange for the preparation of a plan to be known as a protected road zoning plan for the physical development and improvement in a systematic and orderly manner of the protected road zoning area based primarily upon public convenience and general welfare, economic use of land, improved facilities for traffic, transportation, sewage disposal, water supply, recreation and other public requirements.

             (2)  When a protected road zoning plan is prepared under subsection (1), the minister may approve or disapprove the plan or may approve it subject to qualifications which he or she may consider necessary or desirable.

             (3)  A protected road zoning plan shall take effect from the date of publication in theGazette.

             (4)  A protected road zoning plan brought into effect in accordance with these regulations may be amended or revoked in the same manner in which it was brought into effect and that amendment or revocation shall be read together with and form part of the plan.

             (5)  The minister shall cause a protected road zoning plan to be reviewed, and a report on its effectiveness to be submitted to him or her together with recommendations for revision of the plan where revision appears to be desirable, every 5 years from the date on which the plan comes into effect.

             (6)  The minister may approve or disapprove recommendations made for revision of the protected road zoning plan under subsection (5) or may approve the recommendation subject to qualifications which he or she may consider necessary or desirable.

83/94 s8

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Use zones defined

        9. (1) The area within the building control lines of a protected road zoning area may be divided into use zones defined as follows:

             (a)  URBAN ZONES

                      (i)  residential - - - - - - - - - - - - R

                     (ii)  mixed - - - - - - - - - - - - - - M

                    (iii)  highway commercial - - - - - - - - HC

                    (iv)  buffer - - - - - - - - - - - - - - B

                     (v)  restricted development - - - - - - - RD

             (b)  RURAL ZONES

                      (i)  rural conservation - - - - - - - - - RC

                     (ii)  rural residential - - - - - - - - - - RR

                    (iii)  highway service centre - - - - - - - HS

                    (iv)  cottage - - - - - - - - - - - - - - C

             (2)  Use zones are delineated on protected road zoning plans and may vary depending on the classification of the protected road.

             (3)  Permitted uses, lot dimensions and development standards shall apply to use zones established in protected road zoning plans in accordance with Schedule A.

83/94 s9

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Areas with approved plans

      10. Where a protected road passes through an area covered by an approved plan made under the provisions of Part II, III , IV, V or VI of the Act, the land included shall be used only in accordance with the approved plan and associated regulations.

83/94 s10

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Limited access highways

      11. The Lieutenant-Governor in Council may, under section 62 of the Act, designate a portion of a protected road to be a limited access highway.

83/94 s11

PART IV
ADMINISTRATION

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Application forms

      12. (1) An application for a development permit shall be made to the authority on the forms it prescribes, and every applicant shall provide with his or her application those plans and specifications that the authority may require.

             (2)  The authority shall, on request, supply to every applicant a copy of the application form referred to in subsection (1) and a description of the plans, specifications and drawings required to be provided with the application.

83/94 s12

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Approval in principle/permit to develop

      13. (1) The authority may grant approval in principle or a permit to develop for the proposed development if, after considering an application, the authority is satisfied that it conforms to these regulations and the protected road zoning plan where one exists, and shall consider

             (a)  the topography, physical condition, amenity and natural features of the land;

             (b)  the provision or future provision of services;

             (c)  the use or the proposed use of the land and the use of the land in the immediate vicinity;

             (d)  the number, location, convenience and safety of accesses;

             (e)  the protection of the highway as a safe and convenient traffic way;

              (f)  the design, location and construction of the proposed development;

             (g)  the adequacy of the method, and the suitability of the land for the type of water and sewage disposal proposed;

             (h)  the adequacy and suitability of the methods proposed for the disposal of waste material; and

              (i)  the shape and size of each lot or parcel of land,

and shall consult with all government departments, agencies, officials and persons considered necessary with respect to these or other considerations.

             (2)  Where approval in principle is granted under these regulations, it shall be subject to the subsequent approval by the authority of the details and conditions 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 one year from the grant of this approval in principle.

             (3)  The authority may attach to approval in principle, or a permit to develop, those conditions required to ensure that the proposed development shall be made suitable for the purpose it is intended to serve and may permit development for a limited time as considered necessary.

             (4)  The authority may require an applicant to give notice of his or her application for a permit to develop by public advertisement in a newspaper circulating in the area or by other means considered necessary.

             (5)  A permit to develop is valid for a period of one year and may be renewed twice, for a maximum duration of 3 years, provided construction of the development is initiated before the expiration of the first permit year, and complies with the conditions stipulated in the permit.

             (6)  Failure of the applicant to initiate construction before the expiration of the first permit year shall require reapplication to the authority.

             (7)  The authority may cancel a permit for failure by the holder to comply with these regulations or conditions attached to the permit.

             (8)  Where the authority considers necessary, a permit may be issued on a temporary basis for a period not exceeding 2 years which may be extended in writing by the authority for further periods not exceeding 2 years at a time.

             (9)  Development shall be carried out in accordance with the plans approved by the authority and all conditions attached to it and a person shall not erase, alter or modify a drawing or specifications for which a permit to develop has been issued, unless the modification has been approved by the authority.

           (10)  There shall be posted in a conspicuous place on the premises where a work, matter or thing is being done for which a permit has been issued a permit card as supplied by the authority during the entire progress of the work, or the doing of the matter or thing, until completed.

           (11)  Where a permit to develop has been issued by the authority but development discontinues prematurely, is not fully executed according to the conditions of the permit, is cancelled due to a contravention of these regulations or where a temporary permit expires, the authority may order the developer, or the owner, to remove all buildings or erections above ground, to cover or fill all wells or excavations, landscape as may be necessary to prevent erosion and to remove all accesses, or to do any of these things, and the developer, or the 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 and associated government departments or agencies.

83/94 s13

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Minor variance

      14. Where a proposed development does not strictly conform to the standards, other than construction standards, of these regulations, the authority may grant a variance of not greater than 10% except where a development does not and will not access onto the protected road, the authority, may, with the concurrence of the Department of Works, Services and Transportation, grant a greater variance , provided that

             (a)  the variance is not contrary to the general intent or purposes of these regulations;

             (b)  the variance is related to the specific property and is not general to land or buildings within the area;

             (c)  the variance does not result from the intentional misconduct or negligence of the owner in relation to the property;

             (d)  the particular hardship on the owner or developer is distinguishable from a mere inconvenience or desire to acquire monetary gain; and

             (e)  the granting of the variance does not conflict with other regulations, undermine the quality of adjacent property or pose a threat to human health, safety or welfare.

83/94 s14; 86/98 s1

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Right to appeal

      15. (1) A person may appeal a decision of the authority to the appropriate appeal board as established and defined under section 7 of the Act.

             (2)  A person intending to appeal to the appeal board shall deposit with the secretary of the board, within 30 days after the date of the decision of the authority, a notice of appeal indicating the grounds of the appeal and stating the name and address of the appellant together with 3 copies of a plan of the land or buildings concerned.

             (3)  Where an appeal is taken from a decision of the authority, development shall not proceed pending a decision on the appeal and, if granted, the subsequent issuing of all required permits.

             (4)  The decision of the appeal board shall be communicated in writing to the appellant and the authority, and is final and binding upon all parties subject only to an appeal to the Court of Appeal on a question of jurisdiction or a question of law.

83/94 s15

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Prior development

      16. Nothing in these regulations shall apply

             (a)  to prevent the use of any land, building or structure for any purpose prohibited by the application of these regulations if the land, building or structure was lawfully used for that purpose on the day these regulations come into effect, as long as it continues to be used for that purpose; or

             (b)  to prevent the authority from issuing a permit for the completion of a structure, or the use of land, provided development was lawfully commenced before the application of these regulations, and provided that development is completed within a reasonable time after commencement.

83/94 s16

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Site inspections

      17. (1) The authority, or an inspector designated by the authority to administer these regulations, may enter upon public or private land, and may at all reasonable times enter a building upon the land for the purpose of making surveys or inspections or obtaining information relative to the carrying out of works which the authority regulates.

             (2)  Inspectors shall record a violation of the regulations which come to their attention, and report infractions to the authority.

83/94 s17

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Offence

      18. (1) Where a violation has occurred, the authority shall notify the developer of the nature of the infraction and shall prescribe remedial action.

             (2)  Where the developer does not comply with the direction given in subsection (1), the authority shall take action as prescribed in section 102 or 104 of the Act.

83/94 s18; 2010 c31 s17

PART V
DEVELOPMENT STANDARDS

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Accesses and service streets

      19. (1) Accesses to protected roads shall be located and constructed to the specifications of the authority and the Department of Works, Services and Transportation.

             (2)  The authority may require the construction of service roads to reduce to a minimum the number of access points to the protected road, and in making its decision the authority shall consider the recommendations of the Department of Works, Services and Transportation.

             (3)  The authority may, where it considers it necessary, limit the number of accesses to a development and, where practical, require that access to the development be by means other than the protected road.

83/94 s19

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Accessory buildings and extensions to conforming uses

      20. (1) Accessory buildings, ancillary to the principal land use may be permitted on a site provided the total floor area of the accessory building does not exceed 10% of the total lot coverage or 55 square metres, whichever is greater, and complies with sections 21 and 29.

             (2)  Extensions to the principal building may be permitted provided there is no change of use, and the resulting development complies with the standards set out in these regulations.

83/94 s20

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Setbacks

      21. Within building control lines, and other than provided in paragraphs (d) and (e), the setback for a structure shall conform to the following specifications:

             (a)  on Class I protected roads the minimum setback shall be 45 metres from the centre line of the roadway except within highway service centres zones and highway commercial zones, as set out in Schedule A, where the minimum setback shall be 60 metres, unless specified otherwise;

             (b)  on Class II and III protected roads the minimum setback shall be 30 metres from the centre line of the roadway and within highway service centres zones and highway commercial zones as set out in Schedule A, the minimum setback shall be 45 metres, unless specified otherwise;

             (c)  on local roads the minimum setback shall be 18 metres from the centre line of the roadway;

             (d)  in the case of divided highways, or highways having more than 2 lanes, the setback shall be as designated by the authority. Development shall be maintained at a similar distance from the edge of the adjacent roadway as described in paragraphs (a) and (b); and

             (e)  notwithstanding paragraphs (a), (b), (c) and (d), the authority may, in the case of an infilling lot, permit development in conformity with the existing building line on the adjacent property.

83/94 s22

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Construction standards

      22. (1) A building shall not be constructed except in accordance with the standards prescribed by the National Building Code of Canada and ancillary codes, or other standards of construction approved by the Lieutenant-Governor in Council.

             (2)  In every case the minimum floor area of a dwelling unit shall be 55 square metres.

83/94 s23

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Frontage

      23. (1) A residential, commercial or public building shall not be erected unless the lot fronts directly upon a highway or other publicly maintained road.

             (2)  Notwithstanding subsection (1), the Lieutenant-Governor in Council may, in exceptional circumstances, approve the issuance of a permit by the authority for the erection of a residential, commercial or public building on a lot that does not front directly upon a highway or other publicly maintained road.

64/11 s1

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Non-conforming use

      24. (1) Any non-conforming use, existing at the date of designation of the highway as a protected road, or which becomes non-conforming at a later date, may continue without conforming with the land use requirements and associated standards.

             (2)  Where a person desires to extend the floor area of a non-conforming building, that extension may be granted provided that the total extension does not exceed 50% of the floor area of the building as existing when it became non-conforming.

             (3)  Other than in subsection (2) and subject to section 25, a structure which is used for a purpose not permissible within the use zone in which it is located shall not be additionally enlarged, extended, reconstructed or altered unless, at the discretion of the authority, that action is considered necessary in order that the structure may conform to a part of these regulations.

             (4)  Where the owner of a building containing a non-conforming use desires to change that use the authority may at its discretion allow that change provided that, in the authority's opinion, the new use is more compatible with the use zone in which it is located.

83/94 s25

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Replacement of non-conforming building

      25. (1) Where a non-conforming building suffers damage to an extent greater than 50% of its replacement value, the building shall not be reconstructed until it is made to conform in all respects with the requirements of the applicable land use zone, unless the owner of the building, within one year of that damage taking place, files an application for a permit to reconstruct for the same purpose as its original use, or to a less offensive non-conforming use, and initiates the construction of the building within the first permit year.

             (2)  Where the owner of a non-conforming building under subsection (1) fails to file an application requesting the restoration or replacement of a damaged building within one year of which the damage occurred, or where the damaged building poses a threat to human safety and welfare, the authority may order the removal of the building and restoration of the site.

             (3)  Where a non-conforming building is replaced, the new building may have a floor area 50% larger than the floor area of the building as existing when it became non-conforming.

83/94 s26

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Parks, playgrounds and conservation areas

      26. Nothing in these regulations shall prevent the designation of conservation areas, or the establishment of parks and playgrounds, in zones provided that the parks and playgrounds are not located in areas which may be hazardous to their use and are not operated for commercial purposes.

83/94 s28

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Parking requirements

      27. (1) Development shall be provided with adequate parking space in accordance with the following and conditions imposed by the authority and parking provisions shall be made clear of a road right-of-way:

 

Type or Nature of Building
or Structure

Minimum Required Parking Facilities

Place of residence

one parking space for each dwelling unit

Institution or hospital

one parking space for each 3 beds and one parking space for each 5 employees or less

Hotel, guest house, hostel, boarding house or residential club

one parking space for each 3 guest rooms and one parking space for each 5 employees or less

Motel, tourist lodge or cabins

one parking space for each sleeping room and one parking space for each 5 employees or less

Tavern, night club, lounge or eating place

one parking space for each 4 persons that can be accommodated at one time and one parking space for each 5 employees or less

Retail shop or show room

one parking space for each 20 square metres of floor area and one parking space for each 5 employees or less

Business, professional office or bank

one parking space for each 20 square metres of floor area and one parking space for each 5 employees or less

Church, church hall, theatre, auditorium or other place of assembly

one parking space for each 10 persons that may be accommodated at one time

Place of recreation

one parking space for each 3 persons able to participate in the recreational pursuit provided and one parking space for each 5 spectators or less

Service station or tourist chalet

parking space for vehicles not less in area than 5 times the area of the proposed floor space on the ground floor

Industrial or manufacturing establishment

one parking space for each 40 square metres of floor area or each 5 employees whichever is the greater

Warehousing

one parking space for each 460 square metres of floor area or each 5 employees whichever is the greater

For every building or structure not specified above

one parking space for every 50 square metres of floor area

 

             (2)  Parking space shall be an area of land suitable for the parking of a vehicle, not less than 19 square metres in area, accessible to vehicles without the need to move or remove other vehicles on adjacent areas and, with the exception of single residences, arranged so that it is not necessary for a vehicle to reverse onto or from a street or road.

83/94 s29

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Public services and public utilities

      28. The authority may, within a 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 for the proper operation of the public service or utility concerned, provided that the design and landscaping of a development of land so used is, in the opinion of the authority, in keeping with the character and appearance of the area.

83/94 s30

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Site dimensions

      29. The location of a development on a lot shall be in accordance with the lot dimension standards set out in Schedule A and conditions required by the authority.

83/94 s33

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Street design

      30. (1) A street shall not be constructed with a finished grade in excess of 10%, except where the street intersects with a highway or road, where the specification of the finished grade shall be subject to the requirements of the Department of Works, Services and Transportation.

             (2)  A dead-end street shall have a turning space at the end with a diameter of not less than 30 metres and shall be constructed to a maximum length of

             (a)  200 metres in areas served by, or planned to be served by, municipal piped water and sewer services as shown in the map and letter of agreement signed by the particular municipality and the Minister of Municipal and Provincial Affairs in connection with municipal 5 year capital works program eligibility;

             (b)  300 metres in areas not served by, or planned to be served by, municipal piped water and sewer services.

             (3)  The authority may permit a dead-end street in the form of a P-loop which shall have a single access point with an entrance leg not exceeding 230 metres and the overall length of the P-loop shall not exceed 850 metres. An emergency access, a minimum of 3 metres in width, shall connect to the P-loop at a point farthest from the entrance leg or at a point specified by the authority.

             (4)  Street junctions shall be within 5° of a right angle and that angle shall be maintained for a distance of at least 30 metres from the junction.

             (5)  Where possible, street junctions shall be T-junctions.

             (6)  No part of a street junction shall be closer than 60 metres to another street junction unless a crossroads is formed.

             (7)  The minimum width of the street allowance for a collector street shall be 20 metres, with the driving surface a minimum of 9 metres.

             (8)  The minimum width of the street allowance for a local residential street shall be 15 metres, with the driving surface a minimum of 6 metres.

83/94 s34

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Subdivided land

      31. (1) Land within the building control lines of a protected road shall not be subdivided unless a permit for that subdivision is first obtained from the authority.

             (2)  All new subdivisions shall have approved street connections with an existing highway or street.

             (3)  The authority may require the dedication for public use, other than streets, of 10% of the total area to be subdivided.

             (4)  At the discretion of the authority the reservation referred to in section 34 may constitute the requirement of land for public use under subsection (3).

             (5)  The authority may require an existing natural, historical or architectural feature, or part of it, to be retained when a subdivision is developed.

             (6)  The authority may establish building lines on an existing or proposed street and may require new buildings to locate at those lines.

             (7)  Following the approval of a subdivision, a building shall not be commenced until the developer has

             (a)  installed the approved streets to the specifications provided in section 30;

             (b)  installed the necessary electrical, water, sewer and drainage systems, if applicable, to the satisfaction of the appropriate authority; and

             (c)  complied with a condition specified in the development permit.

             (8)  A permit shall be required for each building proposed within the subdivision.

83/94 s35

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Development not involving subdivision

      32. (1) The authority may require that buildings be located so as not to prevent the future subdivision of land.

             (2)  The authority shall not permit development unless sufficient area is reserved to satisfy lot requirements and other allowances called for in the use zone in which it is located, and these allowances shall be retained when the adjacent land is developed.

83/94 s36

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Unsightly areas

      33. (1) The authority may in the case of existing or anticipated unsightly development order the owner or occupier to provide adequate and suitable screening, and for this purpose may require the submission of an application giving details of the screening.

             (2)  The provision of adequate and suitable screening may be made a condition of a development permit where, in the opinion of the authority, the screening is necessary to preserve visual quality.

             (3)  The authority may, where a development is unsightly or dangerous to health or safety, order the owner or occupier of the site to remove and dispose of unsightly or dangerous materials or buildings, or restore the unsightly or dangerous materials or buildings to a more acceptable and pleasing condition.

83/94 s37

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Water body reservation

      34. The authority shall require a strip of land, a minimum of 15 metres wide, to be reserved and remain undeveloped with the exception of water related uses for instance, wharves, boathouses or public works along the banks of a water body.

83/94 s39

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Repeal

      35. The Protected Road Zoning Regulations, 1994, Newfoundland Regulation 83/94, and the Protected Road Orders, Newfoundland Regulation 1163/78, are repealed.

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Schedule A

PERMITTED USES, LOT DIMENSIONS AND SITING REQUIREMENTS WITHIN THE DESIGNATED LAND USE ZONES

Residential Zone - Code (R)

Permitted Uses

Available Off-lot Water and Sewage Services (1)

Minimum
Lot Area
(Per Unit)
Square
Metres

Minimum
Lot
Frontage
(Per Unit)

Minimum



Minor

Sideyards

 



Major





REMARKS

(a) Single family detached

Both services

 

370

15 m

1.2 m

3 m

(1) Water and sewage services refer to off-lot services, approved by the Dept. of Health, Environment and Labour and Municipal and Provincial Affairs or one of them.

 

One service

 

1400

23 m

1.2 m

3 m

Neither service

1860

30 m

1.2 m

3 m

(b) Duplex or single family detached

Both services

 

280

9 m

3 m

-

(2) The minimum lot area of a single detached dwelling unit, where no service is available, may be reduced to 1400 square metres in the case of infilling subject to the approval of the Dept. of Health.

 

One service

 

1400

14 m

3 m

-

Neither service

1860

27 m

3 m

-

(c) Row housing

Both services

 

185

6 m

3 m

-

(3) Offices, work spaces and shops may conditionally be permitted in conjunction with and subordinate to a residential use.

One service

Not permitted

-

-

-

Neither service

Not permitted

-

-

-

(d) Apartment buildings

Both services

185

15 m
/complex

3 m

-

(4) Accessory buildings may be permitted in conjunction with a dwelling unit, except in the case of apartment buildings. However, they shall not exceed a single storey in height, 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.

 

One service

Not permitted

-

-

-

Neither service

Not permitted

-

-

-

(e) Officers, work spaces and shops

-

As required

As requires

As required

 

(5) Minimum lot frontage in the case of irregular shaped lots shall apply at the building line.

 

(f) Public or private open space

-

-

-

-

(6) Where the rear wall of a dwelling faces the flank wall of another dwelling (as at a corner lot) the distance between the 2 dwellings shall be at least 12 metres.

 

 

Further Requirements:

Mobile homes

        1. (1) The singular location of mobile homes shall not be permitted in a residential zone.

             (2)  Mobile homes which are designed to form a comprehensive mobile home layout may be permitted, subject to those conditions prescribed by the authority.

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Minimum rearyard

        2. In all cases the minimum rearyard distance shall be 7.5 metres, or as specified by the Department of Health or the authority.

Mixed Zone - Code (M)

 

Permitted Uses

Minimum
Lot
Frontage
(1)

Minimum
Sideyard (2)

 

 

 

 

 

 

Minor

Major

REMARKS

 

(a) Residential (M1)(3)

As per
residential
zone

As per
residential
zone

 

(1) The minimum lot frontage in the case of an irregular shaped lot shall apply to the lot width at the building line.

 

 

 

 

 

 

 

 

 

 

(b) Public (M2)
church, public hall,
school, hospital or
institution

30 m

3 m

4.5 m

(2)A sideyard distance of not less than 7.5 metres shall be provided where a public, commercial, highway commercial or light industrial development abuts on a residential zone. Sideyard widths shall be clear of projections, except eaves and chimney stacks not greater than 60 centimetres in extent.

 

 

 

-

 

 

 

 

 

 

(c) Commercial (M3)
motel, tavern,
shop, office or place
of amusement

 

3 m

4.5 m

(3) The minimum lot requirements for a residential development in this zone are identical to those in a residential zone.

 

 

30 m

 

 

 


15 m


3 m


-

 

(d) Highway commercial
(M4),
motel
service station
restaurant

 

3 m

4.5 m

(4) Minimum lot requirements refer to developments located on a fully serviced lot. Where full services are unavailable, lot requirements will be as specified by the appropriate authority.

 

 

45 m

3 m

4.5 m

 

45 m
30 m

3 m

-

(e) Hospitality home or other tourist
establishments (M5)

30 m

3 m

4.5 m

(5) In all cases, the minimum rearyard shall be 7.5 metres, or as specified by the authority or the Dept. of Health.

 

 

 

 

 

 

 

 

 

(f) Light industrial (M6)

As required

As required

 

Note:  The mixed zone may be applied in part or in whole. That is development within an area may be restricted to any one or more of the 6 permitted uses in a mixed zone.

 

 

 

 

 

 

 

 

Further requirements:

Light industrial

        1. (1) In each case for light industrial developments, lot requirements will be as specified by the authority, the Department of Works, Services and Transportation, Department of Environment and Labour, or any other authority considered appropriate.

             (2)  All light industrial developments will conform to an approved aesthetic and safety standard, all material will be stored within buildings and materials processed will be non-volatile either initially or at any stage of production.

             (3)  No storage shall be permitted in front of the building line and tree screens are to be provided when this development abuts on a residential zone.

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Accessory structures

        2. Accessory structures may conditionally be permitted but shall not exceed a single storey in height, 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.

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Mobile homes

        3. (1) At the discretion of the authority, the singular location of a mobile home may be permitted in a mixed zone, however, siting requirements will be as for detached dwelling units in a residential zone.

             (2)  If a mobile home subdivision is located within the community concerned, the location of the mobile home will be restricted to that subdivision.

Highway Commercial Zone - Code (HC)

 

Permitted Uses

Minimum
Lot
Frontage

Minimum
Building

Line

Minimum
(1)
Sideyard

Minimum
(3)
Rearyard



REMARKS

(a) Motel

60 m

See (4)

3 m

7.5 m

(1) When a development in a highway commercial zone is adjacent to a residential zone, the sideyard distance to the highway commercial development on the adjacent side shall be increased to 12 metres.

 

(b) Restaurant

45 m

See (4)

3 m

7.5 m

(2) Parks and marinas shall be suitably screened from a use which generates excessive noise and movement.

 

(c) Tourist information chalet

60 m

See (4)

3 m

7.5 m

(3) The minimum rearyard will be increased to a distance as prescribed by the authority, the Dept. of Health or the Dept. of Environment and Labour if the rear of the development lies opposite a residential development.

 

(d) Travel trailer park (2)

-

90 m

-

-

(4) The minimum building line shall be in accordance with section 21.

 

(e) Craft shop

45 m

See (4)

3 m

7.5 m

(5) Minimum lot requirements refer to sites provided with complete off-lot services approved by an authority. Where the sites are only partially serviced or unserviced, minimum lot requirements will be as specified by the Dept. of Health or the Dept. of Environment and Labour.

 

(f) Tourist cabins

60 m

See (4)

6 m

7.5 m

 

(g) Camping park (2)

-

90 m

-

-

 

(h) Rest park (2)

-

90 m

-

-

 

(i) Marina (2)

-

90 m

-

-

 

Further Requirements:

Lounges

        1. Lounges will only be permitted in conjunction with motels, hotels and tourist lodges, operating year round and having a minimum of 6 sleeping units.

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Snack bars and other markets

        2. (1) Snack bars, convenience stores and farmers/fish markets will only be permitted in conjunction with a principle use.

             (2)  Where permitted they shall be subordinate to, while forming an integral part of the principle use.

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Accessory buildings

        3. (1) Accessory buildings may be permitted subject to the approval of the authority.

             (2)  If permitted, they shall be sited and located so as to preserve the amenities of the area and form an integral part of the development.

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Truck stops

        4. (1) Truck stops being an area of a building set aside for the temporary use of truckers and which may include sleeping units, showers and washrooms and a television room, shall only be permitted in conjunction with a motel, restaurant or service station.

             (2)  The area within the building shall be so located as not to interfere with the normal services of the establishment.

Buffer Zone

Code (B)

Permitted Uses:

                      Only home gardening or an open space or playground will be permitted in a buffer zone.

Requirements:

Home gardening

        1. (1) Only agricultural structures designed for the storage of equipment or produce with a floor area of less than 45 square metres, fencing, and accesses, may be permitted in conjunction with an agricultural use in a buffer zone.

             (2)  These developments, if permitted, must conform to those aesthetic requirements that are prescribed by the authority.

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Open space or playground

        2. (1) An open space or playground may be permitted in a buffer zone if the use is restricted to in excess of 45 metres from the centre line of a Class I protected road, and in excess of 30 metres from the centre line of other protected roads.

             (2)  In either case, access to that use shall be via other means than the highway, and playgrounds shall be suitably fenced adjacent to the highway to prevent pedestrian access and egress.

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Access

        3. (1) Direct access from a highway to a proposed development in a buffer zone will only be permitted if no alternate route exists and if that use presents no inconvenience or hazard to highway traffic.

             (2)  All accesses will meet with those conditions imposed by the authority and the Department of Works, Services and Transportation.

Restricted Development Zone

Code (RD)

Permitted Uses:

                      Any development may be permitted in a restricted development zone which, in the opinion of the authority, is compatible with the hazard or where site preparation renders the hazard ineffectual, and where the proposed development poses no threat or inconvenience to the highway or any adjacent property and is compatible with the adjacent land use.

Requirements:

Lot requirements

                      All developments must conform with these regulations and the applicable land use standards prescribed in the mixed zone as well as additional conditions considered necessary by the authority.

Rural Conservation Zone

Code (RC)

Permitted Uses and Requirements:

Agricultural use

        1. (1) Any agricultural operation may be permitted in a rural conservation zone, subject to the approval and conditions imposed by the Department of Forest Resources and Agrifoods, the Department of Works, Services and Transportation, the Department of Environment and Labour and the authority.

             (2)  Developments shall, where possible, be screened from highway view to the satisfaction of the authority.

             (3)  A residential unit may only be erected in conjunction with an agricultural use in a rural conservation zone if the residence is subsidiary to the agricultural use, which must be a full time commercial operation as described by the Department of Forest Resources and Agrifoods, and if the occupier of the residence is actively engaged in agricultural activity on the same parcel of land upon which the residence is proposed.

             (4)  Notwithstanding the above, a residential unit will only be permitted provided the farm development shows a demonstrated market to the satisfaction of the Department of Forest Resources and Agrifoods and has one or more of the following minimum operations:

             (a)  greenhouse production, permanent greenhouse structures of a minimum of 370 metres squared in operation with adequate land base for subsidiary cropping;

             (b)  root crops, 8 hectares of land with 4 hectares in production plus required ancillary buildings, adequate storage and cropping, washing and packaging equipment;

             (c)  strawberries, raspberries, 8 hectares of land with 3 hectares in production plus required ancillary buildings and cropping and handling equipment;

             (d)  livestock or poultry operations, provided the development is operational, the number of animal units is to a standard required by the Department of Forest Resources and Agrifoods, and suitable structures designed to accommodate the livestock or poultry have been completed and the required land base is in production; and

             (e)  an equivalent combination of the above or other types of agriculture as approved by the Department of Forest Resources and Agrifoods.

             (5)  With the exception of residences and fruit and vegetable stands, which must conform to section 21, agricultural buildings shall be restricted to in excess of 90 metres from the highway centre line, unless mitigating factors require a somewhat lesser setback, in which case the discretion of the authority can be utilized.

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Forestry use

        2. (1) Any use directly associated with the harvesting of timber may be permitted in a rural conservation zone.

             (2)  Residences ancillary to the main use may conditionally be permitted in accordance with the requirements of section 21, while all other uses will be restricted to in excess of 90 metres from the highway centre line.

             (3)  Development shall, where possible, be screened from highway view to the satisfaction of the authority, and where excessive noise is generated it shall be located a minimum of 90 metres from any other development.

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Fisheries use

        3. (1) Any development associated directly with the harvesting of fish may be permitted in a rural conservation zone.

             (2)  Structures shall not be located within 45 metres of the highway centre line.

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Mining and quarrying use

        4. (1) Any development associated with mineral extraction may be permitted in a rural conservation zone.

             (2)  All developments of this nature shall be maintained at a distance of 90 metres from the highway centre line, and shall be screened from highway view to the satisfaction of the authority.

             (3)  Upon conclusion of operations all refuse shall be removed, rough landscaping carried out and all accesses removed.

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Public recreation use

        5. The following developments may be permitted in a rural conservation zone:

             (a)  provincial and municipal parks, these contain rest and camping parks, marinas, public conveniences and accessory buildings;

             (b)  recreational clubs, including golf courses, ski clubs, boating, swimming and those structures associated directly with recreational clubs and where essential, dwelling units and accessory buildings may be permitted;

             (c)  public rest parks, may include natural reserves, historical sites and monuments, scenic routes, viewpoints, picnic tables, fireplaces and public conveniences; and

             (d)  natural reserves, may only have scenic routes and viewpoints.

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Commercial recreational uses

        6. (1) Uses which, because of their nature and large land requirements, would not normally be compatible with urban uses of highway service centre developments may be permitted in this zone, including travel trailer parks, golf courses and driving ranges, ski slopes, recreational resorts, theme parks, including amusement parks, etc.

             (2)  Amusement parks must have a minimum of 3 attractions, i.e. bumper boats, go cart tracks, mini golf, etc.

             (3)  Developments in these classes shall be set back on minimum of 55 metres from the centre line of the highway, and adequate parking shall be provided.

101/96 s1

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Rural industrial uses

        7. (1) Only industrial developments which, because of their nature, would be considered hazardous and incompatible to urban uses will be permitted in this zone.

             (2)  Developments of a rural industrial nature shall be set back a minimum of 100 metres from the centre line of the highway with a tree screen of not less than 50 metres, and shall be separated from adjacent incompatible developments by a minimum of 150 metres with a tree screen of not less than 100 metres.

             (3)  Development located in these areas shall be so designed and located as to preserve the natural amenities of the area, and adequate parking, as prescribed by the authority, shall be provided.

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Private recreational travel trailer parks

        8. (1) Only travel trailers as defined in these regulations may be permitted in these areas.

             (2)  There shall be a minimum of 10 trailer lots in a park and a maximum of 100, and each trailer owner shall be assigned a specific lot.

             (3)  Lots shall be of a size approved by the Department of Health, and not inconsistent with lot sizes associated with commercial travel trailer parks or sites within provincial parks.

             (4)  Each park shall have adequate bathroom facilities, suitable children's playgrounds and a road network acceptable to the authority and any other concerned departments and waste disposal shall be as per conditions specified by the Department of Environment and Labour.

             (5)  Travel trailer lots shall be set back a minimum of 60 metres from the centre line of the highway, and adequate screening must be provided between the highway and all sites.

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Cemeteries

        9. Cemeteries

Rural Residential Zone

Code (RR)

Permitted Uses and Requirements:

        1. (1) Only dwellings on low density residential lots having a minimum of 2 hectares and a minimum frontage of 75 metres will be permitted in this zone.

             (2)  Rural residential zones will only be designated on Class II and III protected roads.

Highway Service Centre - Code (HS)

 

Permitted Uses

Minimum
Lot
Frontage

Minimum
Building

Line

Minimum
(1)
Sideyard



REMARKS

(a) Motel

90 m

See (1)

6 m

(1) The minimum building line shall be in accordance with section 21.

 

(b) Restaurant

60 m

See (1)

6 m

(2) Parks and marinas shall be located to the rear of the highway service centre. Tree screens shall be erected and maintained to the satisfaction of the authority between the highway service centre and these parks and marinas.

 

(c) Service station

60 m

See (1)

6 m

(3) A convenience store and gas pumps must be developed as a joint unit. A convenience store shall not be erected alone nor shall gas pumps be constructed unless in conjunction with another use. Where this type of operation is developed the convenience store must carry a small line of auto parts, i.e., fan belts, wiper blades, etc. The building must also contain public washrooms.

 

(d) Tourist chalet

60 m

See (1)

6 m

(4) The sitting and layout of a highway service centre will be subject to a plan prepared by the authority.

 

(e) Craft shop

60 m

See (1)

6 m

(5) It is the intent of these regulations that each highway service centre shall have a maximum of 2 points of access to a protected road.

 

(f) Tourist cabins

 

60 m

As required

6 m

 

(g) Travel trailer park (2)

 

As required

90 m

As required

 

(h) Camping park (2)

 

As required

90 m

As required

 

(i) Marina (2)

As required

 

90 m

As required

 

Further Requirements:

Lounges

        1. Lounges shall only be permitted in conjunction with motels, hotels and tourist lodges, having a minimum of 6 sleeping units.

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Snack bars and other markets

        2. (1) Snack bars, convenience stores and farmers/fish markets subject to (3) above will only be permitted in conjunction with a principle use.

             (2)  Where permitted they shall be subordinate to, while forming an integral part of the principle use.

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Living quarters

        3. (1) Living quarters may be permitted in a highway service centre, subject to approval by the authority.

             (2)  If permitted, living quarters shall only be occupied by a person and his or her family where continuous residence on the premises is essential.

             (3)  Where possible, living quarters referred to above shall be architecturally similar, and take a subordinate role to the main structure.

             (4)  At the discretion of the authority, a mobile home may be permitted instead of permanent living quarters, provided it is adequately screened from the highway, and its occupation is only intended to be of a temporary duration.

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Accessory buildings

        4. Other buildings ancillary to the principle use may be permitted, however, they shall be sited so as to preserve the amenities of the area and form an integral and architecturally compatible part of the overall development.

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Truck stops

        5. (1) Truck stops, being an area of a building set aside for the temporary use of truckers and which may include sleeping units, showers and washrooms and a television room, shall only be permitted in conjunction with a motel, restaurant or service station.

             (2)  The area within the building shall be so located as not to interfere with the normal services of the establishment.

Cottage Zone - Code (C)

 

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Permitted Uses and Lot Requirements

 

REMARKS

1. Cottages

(a) Minimum lot area - 3000 square metres

(1) In the case of irregular shaped lots the minimum lot frontage shall apply at the building line.

 

 

(b) Maximum lot area - 4000 square metres

(2) Setbacks refer to the distance from the front lot line bordering on the road to the property.

 

 

(c) Minimum lot frontage - 30 m (1)

(3) Only one retail store shall be permitted for every 50 cottages, or part of them within the cottage zone.

 

 

(d) Maximum lot frontage - 45 m

(4) In general, retail stores shall be located away from existing or proposed private cottages. However, where they can only be accommodated in close proximity to cottages, the written consent of the affected cottage owners must be obtained prior to a development permit being issued.

 

 

(e) Minimum sideyard distance - 7.5 m

(5) Retail stores shall cater to the cottage development and not the highway trade. In no circumstances shall they front on a protected road nor shall they be permitted to erect a sign on a protected road.

 

 

(f) Minimum setback - 15 m

 

 

 

(g) Minimum rearyard - 15 m

 

 

 

(h) Minimum floor area - 20 square metres

 

 

2. Accessory structures

 

(a) Minimum setback - 7.5 m (2)

 

 

 

(b) Minimum rearyard (excluding boathouses) - 15 m

 

 

 

3.Retail stores

(a) See remarks (3), (4) and (5)

 

 

 

(b) Lot dimensions as per cottage standard

 

 

83/94 Appendix A; 101/96 s1

Schedule B

Class I Protected Roads

(1) ARGENTIA ACCESS ROAD

The Argentia Access Road (Route 100) from its junction with the Trans Canada Highway (Route 1), approximately 1,130 metres west of the Whitbourne Crossroads, to its junction with the Southeast Placentia Road (Route 100-10) at Dunville.

76/67

(2) CONCEPTION BAY NORTH BY-PASS ROAD

The Conception Bay North By-Pass Road, as existing and proposed, from its intersection with the Trans Canada Highway (Route 1), at the Roaches Line interchange, to its intersection with the Conception Bay North Highway (Route 70) near Victoria.

135/94

(3) CONCEPTION BAY SOUTH BY-PASS ROAD

The Conception Bay South By-Pass Road, as existing and proposed, from its intersection with Pitt's Memorial Drive (Route 2), at Manuels, to its intersection with the Conception Bay Highway (Route 60) at Seal Cove.

134/94

(4) PITT'S MEMORIAL DRIVE

Pitt's Memorial Drive (Route 2) from a point where its centre line intersects with the centre line of the Southern Shore Highway (Route 10), at Kilbride, to a point where its centre line intersects with the centre line of the Conception Bay Highway (Route 60), at Manuels. For the purpose of controls, this road shall be considered a limited access highway, i.e. no new private or individual accesses shall be permitted, and all new accesses shall be limited to properly planned public road intersections or interchanges.

166/85

(5) TRANS CANADA HIGHWAY

The Trans Canada Highway (Route 1), as existing or proposed, from the western face of the Kenmount Road Overpass, at St. John's, to the eastern abutment of the Grand Bay Bridge, at Port aux Basques, but excluding that portion of the highway within the Terra Nova National Park. For the purpose of controls, 2 portions of this highway shall be considered a limited access highway, namely,

             (a)  from the western face of the Kenmount Road Overpass to the intersection of the Argentia Access Road (Route 100); and

             (b)  from its intersection with the Nicholsville Road , at Deer Lake , to its intersection with Massey Drive , at Corner Brook .

CNR 996/96 Sch B Class I Item (5); 56/99 s2

Class II Protected Roads

(1) BAIE VERTE HIGHWAY

The Baie Verte Highway (Route 410) from its intersection with the Trans Canada Highway (Route 1) to a point where the southern boundary of the Town of Baie Verte, as defined, crosses the highway.

15/67

(2) BAY D'ESPOIR HIGHWAY

The Bay d'Espoir Highway (Route 360) from its junction with the Trans Canada Highway (Route 1), near Bishop's Falls, to a point where the northwest municipal boundary of the Town of Harbour Breton , as defined, crosses the highway.

15/67

(3) BONAVISTA HIGHWAY

The Bonavista Highway (Route 230), as existing or proposed, from

             (a)  its intersection with the Trans Canada Highway (Route 1) to a point where the southern municipal boundary of the Town of Trinity Bay North, as defined, crosses the highway; and

             (b)  a point where the northwestern municipal boundary of the Town of Trinity Bay North, as defined, crosses the highway to a point where the southern municipal boundary of the Town of Bonavista, as defined, crosses the highway.

100/11

(4) BONAVISTA NORTH HIGHWAY

The Bonavista North Highway (Route 320), as existing or proposed, from its intersection with the Gander Bay Highway (Route 330), at Wesleyville, to a point on the highway 2.25 kilometres north of the northern abutment of the bridge over Middle Brook at Gambo, where it crosses the highway, excluding those sections of highway conjoint with the Towns of Centreville - Wareham - Trinity and Hare Bay as per the following descriptions:

             (a)  Centreville - commencing at a point on Route 320 a distance of 300 metres north of its intersection with the centre line of the northeastern approach of Pickett Avenue, and extending to a point on the highway 975 metres southwest of its intersection with the centre line of Smallwood Drive;

             (b)  Trinity - commencing at a point on Route 320 a distance of 490 metres south of a culvert for Northwest River, where it crosses the highway, and extending to the northern abutment of the bridge over Southwest Brook, where it crosses the highway; and

             (c)  Hare Bay - commencing at a point on Route 320 where it intersects with the southern access road to Wellington and extending to a point on the highway 1.1 kilometres south of its intersection with a local road known as Southwest Road.

187/79

(5) BOTWOOD HIGHWAY

The Botwood Highway (Route 350) from its junction with the Trans Canada Highway (Route 1), at Bishop's Falls, to a point where the eastern municipal boundary of the Town of Botwood , as defined, crosses the road.

41/62

(6) BUCHANS HIGHWAY

The Buchans Highway (Route 370) from its intersection with the Trans Canada Highway (Route 1), at Badger, to a point where the eastern municipal boundary of the Town of Buchans , as defined, crosses the road.

22/69

(7) BURGEO HIGHWAY

The Burgeo Highway (Route 480), as existing or proposed, commencing at its intersection with the Trans Canada Highway (Route 1) and extending to the southern end of the causeway at Long Reach where it enters Grandy's Island at the Town of Burgeo.

190/81

(8) BURIN PENINSULA HIGHWAY

The Burin Peninsula Highway (Route 210) from its intersection with the Trans Canada Highway (Route 1) to a point where it intersects with the centre line of the eastern access to the Town of Grand Bank, but excluding that portion of the highway within the municipal boundaries of the Town of Marystown , as defined.

49/67

(9) CONCEPTION BAY NORTH HIGHWAY

The Conception Bay North Highway (Route 70), as existing or proposed, from its intersection with the Trinity South Highway (Route 80), at Old Perlican, to its intersection with the Grates Cove Road (Route 70-61).

185/79

(10) GANDER BAY - BOYD 'S COVE HIGHWAY

The Gander Bay - Boyd's Cove Highway (Route 331) from a point 500 metres west of the centre line of the intersection of the road to Roger's Cove to its intersection with the Road to the Isles (Route 340), at Boyd's Cove, a distance of approximately 16 kilometres.

46/93

(11) GANDER BAY LOOP ROAD

The Gander Bay Loop Road (Route 330), as existing or proposed, from a point where the northern municipal planning boundary of the Town of Gander, as defined, crosses Route 330 to its intersection with the Bonavista North Highway (Route 320), at Wesleyville, excluding that portion of the highway conjoint with the Town of Lumsden as per the following description:

Lumsden - commencing at a point 50 metres west of the intersection of Atlantic Drive and extending to a point 560 metres east of the centre line of the bridge near Main Street.

231/87

(12) GRAND BANK TO LEWIN'S COVE ROAD

The Grand Bank to Lewin's Cove Road (Route 220), as existing or proposed, from a point 800 metres west of Hayter Street in the Town of Fortune and extending to a point where the southern municipal boundary of the Community of Lewin's Cove, as defined, crosses Route 220, excluding those sections of highway conjoint with the Towns of Lamaline and St. Lawrence as per the following descriptions:

             (a)  Lamaline - commencing at a point 800 metres west of the centre line of the road to Allen's Island and extending to a point where the centre line of the road to Muddy Hole intersects Route 220;

             (b)  St. Lawrence - commencing at a point where the eastern abutment of a Newfoundland Light and Power Co. Ltd. substation lies perpendicular to Route 220 and extending 1.1 kilometres to a point 300 metres east of the centre line of Riverside Drive.

186/79

(13) MAIN BROOK HIGHWAY

The Main Brook Highway (Route 432), as existing and proposed, from its intersection with the Northern Peninsula Highway (Route 430) at Plum Point to, and through, the Town of Main Brook to its intersection with Route 430 at the bottom of Hare Bay.

136/94

(13.1) [Rep. by 21/10 s1]

21/10 s1

(14) NORTHERN PENINSULA HIGHWAY

The Northern Peninsula Highway (Route 430) from its intersection with the Trans Canada Highway (Route 1), at the Town of Deer Lake, to a point where the northern municipal boundary of the Town of St. Anthony, as defined, crosses Route 430, but excluding those portions of the highway within the Gros Morne National Park.

44/91

(15) PILLEY'S ISLAND ROAD

The Pilley's Island Road (Route 380) from a point 500 metres north of the centre line of the intersection of the Spring Cove Road, in South Brook, to a point where the western municipal planning boundary of the Town of Robert's Arm, as defined, crosses the road.

45/93

(16) PORT AU PORT HIGHWAY

The Port au Port Highway (Route 460) from its intersection with the Trans Canada Highway (Route 1) to a point where the eastern municipal planning boundary of the Town of Stephenville, as defined, crosses the highway.

35/72

(16.1) [Rep. by 21/10 s1]

21/10 s1

(17) ROAD TO THE ISLES

The Road to the Isles, as existing or proposed:

             (a)  from its junction with the Trans Canada Highway (Route 1) to a point where the southern municipal planning boundary of the Town of Lewisporte, as defined, crosses the highway;

             (b)  from a point where the northern municipal planning boundary of the Town of Lewisporte, as defined, crosses the highway to a point where the southern municipal boundary of the Town of Campbellton, as defined, crosses the highway; and

             (c)  from a point where the northern municipal boundary of the Town of Campbellton, as defined, crosses the highway to a point where the eastern municipal boundary of the Town of Twillingate, as defined, crosses the highway.

2/75; 6/78

(18) SOUTHERN SHORE HIGHWAY

The Southern Shore Highway (Route 10), as existing or proposed, from a point where the southern municipal planning boundary of the Town of Witless Bay, as defined, crosses the highway to a point where the western abutment of the bridge over Peter's River, where it crosses the highway, lies adjacent to the centre line of the highway, excluding those sections of highway conjoint with the Communities of Ferryland, Fermeuse and Renews and the Town of Trepassey as per the following descriptions:

             (a)  Ferryland - commencing at a point where the northern municipal boundary of the Community of Ferryland, as defined from, crosses the highway and extending to a point where the southern municipal boundary of the community, as defined, crosses the highway;

             (b)  Fermeuse - commencing at a point on the highway 400 metres north of the centre line of the access road to Port Kerwin and extending to a point where the centre line of the access road to Kingman's Cove intersects Route 10;

             (c)  Renews - commencing at the intersection of Route 10 and the centre line of the northern access to Renews and extending to a point 460 metres south of the southern abutment of the bridge over Old Woman's Brook, where it crosses the highway; and

             (d)  Trepassey - commencing at a point 580 metres east of the centre line of Church Avenue and extending to a point where the centre of the bridge over North West Brook intersects the centre line of the highway.

226/89

(19) ST. ALBAN'S ROAD

The St. Alban's Road (Route 361) from its intersection with the Bay d'Espoir Highway (Route 360) to its intersection with the existing highway system around Bay d'Espoir.

15/67

(20) ST. GEORGE'S HIGHWAY

The St. George's Highway (Route 490) from its intersection with the Trans Canada Highway (Route 1) to its intersection with the Port au Port Highway (Route 460), at Stephenville.

191/81

(20.1) TRANS LABRADOR HIGHWAY

The Trans Labrador Highway (Route 500) from the Newfoundland and Labrador - Quebec border west of Labrador City to its intersection with Hamilton River Road in the Town of Happy Valley-Goose Bay and excluding that portion of the highway within the planning areas of the Town of Labrador City and the Town of Wabush .

21/10 s1

(20.2) TRANS LABRADOR HIGHWAY SOUTH

The Trans Labrador Highway South (Route 510) from its intersection with the Trans Labrador Highway (Route 500) to its intersection with a local road in the Town of Red Bay (Route 510-6).

21/10 s1

(21) TRINITY SOUTH HIGHWAY

The Trinity South Highway (Route 80), as existing or proposed, from its intersection with the Trans Canada Highway (Route 1), at Whitbourne, to its intersection with Track Road in the Town of Old Perlican, excluding those sections of highway conjoint with the municipalities of Heart's Delight, Heart's Desire, Heart's Content, New Perlican and Winterton as per the following descriptions:

             (a)  Heart's Delight - commencing at a point 600 metres south of the centre line of the bridge over Bear Cove Brook, where it crosses the highway, and extending to a point 410 metres north of the centre line of the northern approach of the Road to Northeast Side of Heart's Delight, as referred to locally, with Route 80;

             (b)  Heart's Desire - commencing at a point 230 metres south of the centre line of the bridge over Heart's Desire Brook, where it crosses the road, and extending to a point 90 metres north of the centre line of the intersection of Route 80 with Bill Clark's Lane, as referred to locally;

             (c)  Heart's Content - commencing at a point 110 metres south of the centre line of the intersection of Route 80 with the Southern Cove Access Road and extending to a point where the centre line of the access to Northern Point lighthouse intersects with Route 80;

             (d)  New Perlican - commencing at a point 200 metres south of the centre line of the intersection of Route 80 with Vitters Cove Access Road, and extending to a point 400 metres north of the centre line of the bridge over New Perlican River, where it crosses the highway;

             (e)  Winterton - commencing at a point one kilometre south of the centre line of the bridge traversing the outflow leading from Western Pond, where it crosses the highway, and extending to a point 915 metres north of the centre line of the intersection of Route 80 and the Harbour Bridge Road.

8/00 s1

(22) WHITE BAY SOUTH HIGHWAY

The White Bay South Highway (Route 420) from its intersection with the Trans Canada Highway (Route 1) to a point where its centre line intersects with the centre line of the Road to the Cat Arm project near Jackson 's Arm.

178/85

Class III Protected Roads

(1) AVONDALE ACCESS ROAD

The Avondale Access Road (Route 63) from its intersection with the Trans Canada Highway (Route 1) to a point where the Newfoundland and Labrador Hydro transmission line crosses the road at Avondale, approximately 960 metres east of the old Avondale Railway Station.

15/67; 2001 c42 s45

(2) BONNE BAY ROAD

The Bonne Bay Road (Route 431), as existing or proposed, from its intersection with the Northern Peninsula Highway (Route 430), at Wiltondale, to a point where the Gros Morne National Park boundary crosses the road, a distance of approximately 10.6 kilometres.

49/73

(2.1) CARTWRIGHT ROAD

The Cartwright Road (Route 516) from its intersection with the Trans Labrador Highway South (Route 510) to its intersection with the airstrip road (Route 516-2) in the Town of Cartwright .

21/10 s1

(2.2) CHARLOTTETOWN ACCESS ROAD

The Charlottetown Access Road (Route 514) from its intersection with the Trans Labrador Highway South (Route 510) to its intersection with the airstrip access road in the Town of Charlottetown .

21/10 s1

(3) CONNE RIVER ROAD

The Conne River Road (Route 365) commencing at its intersection with the Bay d'Espoir Highway (Route 360) and extending to a point where the northern boundary of the Conne River Reserve, as designated on June 5, 1987, crosses the road.

229/87

(4) OLD BONAVISTA HIGHWAY

The Old Bonavista Highway (Route 230-A) from a point where the northern municipal boundary of the Town of Clarenville, as defined, crosses the highway to its intersection with the Bonavista Highway (Route 230) near Lethbridge.

34/07 s1

(5) PORT ALBERT ROAD

The Port Albert Road (Route 335) from its intersection with the Gander Bay - Boyd's Cove Highway (Route 331) to the intersection of the access road to the Fogo Island/Change Island ferry terminal, and then proceeding along this access road to the terminal in Farewell Harbour, excluding that section of highway conjoint with the community of Stoneville as per the following description:

Stoneville - commencing at a point 1,000 metres south of the road to the cemeteries in Stoneville and extending to the intersection of an access road on the right to a saw mill owned by C. Ginn, a distance of approximately 4,500 metres.

47/93

(6) ST. LEWIS ACCESS ROAD

The St. Lewis Access Road (Route 513) from its intersection with the Trans Labrador Highway South (Route 510) to a point where it crosses the west boundary of the St. Lewis Municipal Planning Area.

21/10 s1