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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1084/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1084/96

Butterpot ‑ Witless Bay Line Environs Development
Control Regulations
under the
Urban and Rural Planning Act
(O.C. 96‑219)

Under the authority of section 63 of the Urban and Rural Planning Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Development prohibited

        4.   Application to develop

        5.   Copies

        6.   Factors to be considered

        7.   Requirements

        8.   Conditions

        9.   Duration of permit

      10.   Development only as approved

      11.   Failure to fulfil conditions

      12.   Permit card

      13.   Entry permitted

      14.   Non‑application

      15.   Presumed refusal

      16.   Appeal

      17.   Repeal

Schedule A

Schedule B


Short title

        1. These regulations may be cited as the Butterpot ‑ Witless Bay Line Environs Development Control Regulations.

249/91 s1

Definitions

        2. In these regulations

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

             (b)  "appeal board" means the appropriate regional appeal board established under section 7 of the Act;

             (c)  "authority" means the minister or another authorized administrator assigned by the minister to administer these regulations;

             (d)  "development" means development as defined in the Act;

             (e)  "environs area" means the St. John's Urban Region Regional Planning Area as defined under section 51 of the Act, excluding all municipal planning areas which may be approved under the Act;

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

             (g)  "regional plan" means the St. John's Urban Region Regional Plan approved by the Minister of Municipal and Provincial Affairs, under section 54 of the Act, together with any amendments made and approved by the minister.

249/91 s2

Development prohibited

        3. A person, corporation, partnership, association or other organization shall not carry out any development in the environs area unless a permit for the development has first been issued in writing by the authority.

249/91 s3

Application to develop

        4. An application for a permit to develop shall be made to the authority on the forms that he or she prescribes, and every applicant shall furnish with an application those plans and specifications as the authority requires.

249/91 s4

Copies

        5. The authority shall, on request, supply to every applicant a copy of the application form referred to in section 4, and a description of the plans, specifications and drawings required to be furnished with his or her application.

249/91 s5

Factors to be considered

        6. (1) The authority shall, when considering an application for a permit to develop, be guided in his or her decision by the regional plan and Schedule A and shall consider

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

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

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

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

             (e)  the adequacy of the method and the suitability of the land for the type of water and sewage disposal required;

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

             (g)  the shape and size of each lot or parcel of land.

             (2)  The authority shall consult with all government departments, agencies, officials and persons considered necessary with respect to the considerations referred to in subsection (1).

249/91 s6

Requirements

        7. A permit shall not be issued for development in the environs area unless that development conforms with

             (a)  the policies and objectives for development as prescribed in the regional plan and these regulations and Schedule A; and

             (b)  the National Building Code of Canada and ancillary codes.

249/91 s7

Conditions

        8. Subject to Schedule A, the authority may

             (a)  attach to a permit those conditions required to ensure the proposed development, or use of land or building, shall be made suitable for the purpose it is intended to serve; and

             (b)  permit development for a limited time as considered necessary.

249/91 s8

Duration of permit

        9. (1) A permit for a development 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 prior to expiration of the first permit year.

             (2)  Notwithstanding subsection (1), failure by the applicant to initiate construction prior to the expiration of the first permit year shall require reapplication to the authority.

249/91 ss9&10

Development only as approved

     10. (1) Development shall be carried out in accordance with the plans approved by the authority and all conditions attached to them.

             (2)  A person shall not erase, alter or modify a drawing or specification for which a permit to develop has been issued, unless the modification has been approved by the authority.

249/91 s11

Failure to fulfil conditions

     11. The authority may, where all conditions imposed under these regulations have not been fulfilled, order the development to be discontinued and the land in respect of which the conditional or temporary permission was given to be restored to its former state.

249/91 s12

Permit card

     12. (1) In approving an application to develop, the authority shall issue a permit card to a successful applicant.

             (2)  A permit card referred to in subsection (1) shall be displayed in a conspicuous place in or upon the development during the entire course of construction.

249/91 s13

Entry permitted

     13. The authority, or an inspector designated by the authority, may enter upon any 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 applicable under these regulations.

249/91 s14

Non‑application

     14. Nothing in these regulations shall apply

             (a)  to prevent the use of any land, building or structure for any purpose provided by the regional plan and these regulations if the land, building or structure was lawfully used for that purpose on the date these regulations came into force so long as it continues to be used for that purpose;

             (b)  to prevent the authority from issuing a permit for the completion of a structure or the use of land prohibited by the regional plan or these regulations provided the development was lawfully commenced prior to the coming into force of these regulations and provided the development is completed within a reasonable time after commencement;

             (c)  to prevent the extension of any non‑conforming use by an amount not exceeding 50% of the existing floor area provided the authority is satisfied that the appropriate yard space will be maintained and that there will be no adverse effects on adjacent properties; or

             (d)  to prevent the rebuilding of a structure, prohibited by the regional plan or these regulations, if that structure suffers damage to an extent greater than 50% of its replacement value, provided that

                      (i)  the owner of the structure submits an application for a permit to reconstruct within one year of that damage taking place,

                     (ii)  the reconstruction referred to in subparagraph (i) is for the same purpose as its original use at the date of the coming into force of these regulations, and

                    (iii)  the applicant initiates construction of the building within the first year of the permit life.

249/91 s15

Presumed refusal

     15. Applications properly submitted in accordance with these regulations and which have not been determined by the authority and returned to the applicant within 3 months after the receipt by the authority, shall be presumed to be refused unless an extension of time has been requested by the authority and agreed upon in writing by the applicant.

249/91 s16

Appeal

     16. (1) The appropriate appeal board shall determine an appeal from the decision of the authority with respect to the application of these regulations.

             (2)  A person intending to appeal to an 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 and including 3 copies of a plan of the land or buildings concerned.

             (3)  The appeal board shall notify the appellant and the authority of the time and place for the hearing of the appeal.

             (4)  The decision of the appeal board shall be communicated, in writing, to the appellant and the authority.

             (5)  The decision referred to in subsection (4) is final and binding upon all parties subject only to appeal to the Court of Appeal in accordance with section 122 of the Act.

249/91 s17

Repeal

      17. The Butterpot‑Witless Bay Line Environs Development Control Regulations, 1991, Newfoundland Regulation 249/91, are repealed.


Schedule A

Use zones

        1. For the purpose of these regulations, the environs area is divided into use zones.

Permitted uses described

        2. The permitted uses, discretionary uses, standards, requirements and conditions applicable to each use zone are set out in the use zone tables in this Schedule.

Discretion by authority

        3. Notwithstanding section 2, where standards, requirements and conditions applicable in a use zone are not set out in the use zone tables in this Schedule, the authority may in its discretion determine the standards, requirements and conditions which shall apply.

Described uses permitted

        4. The uses that fall within the permitted uses set out in the appropriate use zone table in this Schedule shall be permitted by the authority in that use zone.

Discretionary uses permitted

        5. The uses that fall within the discretionary uses set out in the appropriate use zone table in this Schedule 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 regional area plan or a further scheme or plan or regulations and to the public interest and if the authority has given notice of the application in accordance with section 6 and has considered objections or representations which may have been received on the matter.

Notice of application

        6. The authority shall, when the development is listed as a discretionary use in this Schedule, at the expense of the applicant, give notice of an application for a permit by public advertisement in a newspaper circulating in the area or by other means considered necessary.

Non‑permitted uses

        7. Uses that do not fall within the permitted uses or discretionary uses set out in the appropriate use zone tables in this Schedule shall not be permitted in that use zone.


USE ZONE TABLE

 

ZONE TITLE

RECREATIONAL OPEN SPACE

(O)

PERMITTED USE CLASSES: Recreational open space

DISCRETIONARY USE CLASSES: Theatre, cultural and civic, catering, indoor assembly, outdoor assembly, take‑out food service, convenience store, antenna

CONDITIONS

Discretionary uses classes

        1. The discretionary use classes listed in this table may be permitted at the discretion of the authority provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of those uses.


USE ZONE TABLE

 

ZONE TITLE

CONSERVATION

(C)

PERMITTED USE CLASSES:  Conservation

DISCRETIONARY USE CLASSES: Agriculture, forestry, antenna

CONDITIONS

Discretionary use classes

        1. The discretionary use classes listed in this table may be permitted at the discretion of the authority provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of those uses.


USE ZONE TABLE

 

ZONE TITLE

RURAL

(RURAL)

PERMITTED USE CLASSES: Agriculture, forestry and accessory building

DISCRETIONARY USE CLASSES: Outdoor assembly, single dwelling, veterinary, outdoor market, general industry, service station, mineral working, recreational open space, cemetery, animal, scrapyard, solid waste, antenna and transportation

CONDITIONS

Development standards

        1. The development standards for this zone shall be as follows:

             (a)  minimum building line setback ‑ 20 metres;

             (b)  minimum sideyard width ‑ 5 metres.

Advertisement re: onsite uses

        2. The conditions which shall apply to the erection or display of an advertisement on a lot or site occupied by a use permitted in this use zone shall be as follows:

             (a)  the size, shape, illumination and material construction of the advertisement shall meet the requirements of the authority having regard to the safety and convenience of users of adjacent streets and sidewalks and the general amenities of the surrounding area;

             (b)  an advertisement shall not exceed 5 square metres in area.

Advertisement re: offsite uses

        3. The conditions to be applied to the erection or display of an advertisement on a site relating to a use permitted in this or another zone shall be as follows:

             (a)  each advertisement shall not exceed 3 square metres in area;

             (b)  the advertisements shall be located within a reasonable distance of and only 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 the authority, having regard to the grade and alignment of streets, the location of street junctions, the location of nearby buildings and the preservation of the amenities of the surrounding area.

Discretionary use classes

        4. The discretionary use classes listed in this table may be permitted at the discretion of the authority provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of those uses and in the case of general industry, that they be restricted to maintenance and repair of equipment, processing and storage related to resource uses.

Separation of waste sites

        5. Unless the authority is satisfied that the use will not create a nuisance and will not adversely affect the amenity of the specified development or natural feature, no scrapyard or solid waste storage or disposal site shall be located closer than the minimum distances set out below to the specified development or natural feature:

Minimum Distance of Scrapyard or
Solid Waste Storage or Disposal Site

 

existing or proposed residential development

300 metres

other developed areas or areas likely to be developed during the life of the scrapyard or solid waste use

150 metres

public highway or street

50 metres

protected road

90 metres

waterbody or watercourse

50 metres

Screening

        6. A scrapyard or solid waste storage or disposal site 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 use and adjacent public highways and streets or other land uses, excepting forestry and agriculture,

                      (i)  the tree screens shall be retained in a 30 metre wide strip of vegetation so that visibility of a part of the use from the surrounding uses or streets will be prevented,

                     (ii)  the tree screens must be maintained by the owner or occupier of the use to retain 30 metres in a forested appearance, and

                    (iii)  when vegetation dies or is removed from the 30 metre strip, the authority may require new trees of a minimum height of one metre be planted to fill in the areas affected to the satisfaction of the authority or at the discretion of the authority;

             (b)  where no tree screens exist of sufficient width and density to constitute a visual screen, earthen berms shall be constructed to a height sufficient to prevent visibility of a part of the use from adjacent uses, excepting forestry and agriculture, or adjacent public highways and streets, and the berms shall be landscaped to the authority's satisfaction;

             (c)  where natural topography creates a visual screen between a scrapyard or solid waste storage or disposal site and adjacent public highways and streets or other land uses, excepting forestry and agriculture, additional screening may not be required;

             (d)  where effective screening of a scrapyard or solid waste disposal or storage use cannot be installed or located as required in paragraphs (a) to (c) or where the site is highly visible from a distance, the authority may refuse to permit the use or associated activity.

Fencing

        7. The authority may require scrapyard or solid waste storage or disposal sites to be enclosed by a fence designed and constructed to its specifications and no less than 1.8 metres in height.

Accessory buildings

        8. An accessory building shall have a maximum floor area of 55 square metres except that the authority may increase both the maximum floor area and the maximum height of the accessory building provided

             (a)  the increase in the floor area and height has no undesirable impact on the private enjoyment of adjoining residential lots;

             (b)  the accessory building is used only for the housing of livestock or storage of materials and equipment that are related to enjoyment of the single residential lot to which the accessory building relates; and

             (c)  the accessory building shall not be used for human habitation or commercial purposes.

Mineral workings

        9. Where permitted by the authority, a mineral working use shall conform to the conditions of Schedule B, Conditions for Mineral Workings.


USE ZONE TABLE

 

ZONE TITLE

WATERSHED PROTECTION

(W)

PERMITTED USE CLASSES: Agriculture, conservation and accessory building

DISCRETIONARY USE CLASSES: Forestry, recreational open space, mineral working, antenna and education

CONDITIONS

Development standards

        1. The development standards for this zone shall be as follows:

             (a)  minimum building line setback ‑ 15 metres;

             (b)  maximum building line setback ‑ 30 metres;

             (c)  minimum sideyard width ‑ 3 metres;

             (d)  minimum rearyard depth ‑ 10 metres;

             (e)  maximum height ‑ 8 metres.

Discretionary use classes

        2. The discretionary use classes listed in this table may be permitted at the discretion of the authority provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence of the development of those uses.

Advertisement re: onsite uses

        3. The conditions which shall apply to the erection or display of an advertisement on a lot or site occupied by a use permitted in this use zone shall be as follows:

             (a)  the size, shape, illumination and material construction of the advertisement shall meet the requirements of the authority, having regard to the safety and convenience of users of adjacent streets and sidewalks and the general amenities of the surrounding area;

             (b)  an advertisement shall not exceed 5 square metres in area.

Educational uses

        4. Educational uses shall be limited to a federal or provincial government institution or department.

Agriculture use

        5. Agriculture uses shall be limited to the growing of root crops or hay production and livestock uses subject to the following conditions:

             (a)  in the opinion of the authority, the agriculture use has no detrimental effect to the water quality and quantity of the protected watershed;

             (b)  the agriculture use is subject to the approval of the Department of Environment and Labour;

             (c)  the use of fertilizers and pesticides shall be carefully controlled and shall be used in accordance with the requirements of the Department of Environment and Labour; and

             (d)  permanent buildings or buildings for the use of livestock shall not be allowed.

Recreational open space

        6. Where permitted by the authority, recreational open space uses will be restricted to large open space recreational uses of over 2 hectares in size which will serve the public and have no detrimental effect to the water quality and quantity of the protected watershed as determined by the authority and the Department of Environment and Labour.

Mineral working

        7. Unless otherwise specified by the authority, a mineral working use may not be permitted by the authority unless the mineral working use complies with the following conditions:

             (a)  the developer or operator of the mineral working development shall prepare an environmental impact statement which shall have due regard to the impact of the quarry operation on the quality and quantity of the water within the protected watershed, and the environmental impact statement shall be prepared in accordance with section 9;

             (b)  if the environmental impact statement is found satisfactory by the authority, the authority may impose those conditions that it considers necessary which will protect the environment affected while permitting the development to proceed;

             (c)  the mineral working development shall conform to the standards and conditions of Schedule B, Conditions for Mineral Workings.

Forestry use

        8. Unless otherwise specified by the authority, a forestry use may not be permitted by the authority unless the forestry use complies with the following conditions:

             (a)  the developer or operator of the forestry development shall prepare an environmental impact statement which shall have due regard to the impact of the forestry operation on the quality and quantity of the water within the protected watershed, and the environmental impact statement shall be prepared in accordance with section 9;

             (b)  if the environmental impact statement is found satisfactory by the authority, the authority may impose those conditions that it considers necessary which will protect the environment affected while permitting the development to proceed;

             (c)  the forestry development shall conform to the standards and conditions of the Forestry Use Zone of these regulations.

Environmental Impact Statement

        9. An environmental impact statement shall be prepared by qualified professionals with prime expertise in environmental science and shall include the following:

             (a)  a description of the purpose of the undertaking;

             (b)  a description of the activities to be carried out as part of the undertaking;

             (c)  a description of and a statement of the rationale for

                      (i)  the undertaking,

                     (ii)  the alternative methods of carrying out the undertaking, and

                    (iii)  the alternatives to the undertaking;

             (d)  a description of

                      (i)  the environment that will be affected or that might reasonably be expected to be affected directly or indirectly,

                     (ii)  the effects that will be caused or that might reasonably be expected to be caused to the environment, and

                    (iii)  the actions necessary or that may reasonably be expected to be necessary to prevent, change, mitigate or remedy the effects that might reasonably be expected upon the environment by the undertaking, the alternative methods of carrying out the undertaking and the alternative to the undertaking;

             (e)  an evaluation of the advantages and disadvantages to the environment of the undertaking and alternative methods of carrying out the undertaking and the alternatives to the undertaking.

Public notice

     10. The environmental impact statement shall form part of the information that is available for public review and comment before consideration for approval by the authority.

Accessory building

     11. An accessory building shall be permitted subject to the following conditions:

             (a)  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, shall not project in front of a building line, and shall conform to the sideyard requirements of this zone;

             (b)  the construction of the accessory building on the lot shall not affect the amenities of the adjoining properties;

             (c)  an accessory building shall have a maximum floor area of 55 metres and a maximum height of 4.5 metres;

             (d)  the accessory building shall have a minimum separation distance of 3 metres from the main building and other accessory buildings;

             (e)  the accessory building is used only for the storage of materials and equipment that are related to the enjoyment of the lot to which the accessory building relates; and

              (f)  the accessory building shall not be used for human habitation or commercial purpose.


USE ZONE TABLE

 

ZONE TITLE

WATERSHED PROTECTION ‑ AGRICULTURE (W‑A)

PERMITTED USE CLASSES: Agriculture, conservation and accessory building

DISCRETIONARY USE CLASSES: Forestry, recreational open space, mineral working, antenna and education

CONDITIONS

Development standards

        1. The development standards for this zone shall be as follows:

             (a)  minimum building line setback ‑ 15 metres;

             (b)  maximum building line setback ‑ 30 metres;

             (c)  minimum sideyard width ‑ 3 metres;

             (d)  minimum rearyard depth ‑ 10 metres;

             (e)  maximum height ‑ 8 metres.

Discretionary use classes

        2. The discretionary use classes listed in this table may be permitted at the discretion of the authority provided that they are complementary to uses within the permitted use classes or that their development will not inhibit or prejudice the existence or the development of those uses.

Advertisement re: onsite uses

        3. The conditions which shall apply to the erection or display of an advertisement on a lot or site occupied by a use permitted in this use zone shall be as follows:

             (a)  the size, shape, illumination and material construction of the advertisement shall meet the requirements of the authority having regard to the safety and convenience of users of adjacent streets and sidewalks and the general amenities of the surrounding area;

             (b)  an advertisement shall not exceed 5 square metres in area.

Land Development Advisory Authority

        4. Development may be permitted by the authority subject to the approval of the Land Development Advisory Authority of the Department of Forest Resources and Agrifoods.

Educational uses

        5. Educational uses shall be limited to a federal or provincial government institution or department.

Agriculture use

        6. Agriculture uses shall be limited to the growing of root crops or hay production and livestock uses subject to the following conditions:

             (a)  in the opinion of the authority, the agriculture use has no detrimental effect to the water quality and quantity of the protected watershed;

             (b)  the agriculture use is subject to the approval of the Department of Environment and Labour;

             (c)  the use of fertilizers and pesticides shall be carefully controlled and shall be used in accordance with the requirements of the Department of Environment and Labour;

             (d)  permanent buildings or buildings for the use of livestock shall not be allowed.

Recreational open space

        7. Where permitted by the authority, recreational open space uses will be restricted to large open space recreational uses of over 2 hectares in size which will serve the public and have no detrimental effect to the water quality and quantity of the protected watershed as determined by the authority and the Department of Environment and Labour.

Mineral working

        8. Unless otherwise specified by the authority, a mineral working use may not be permitted by the authority unless the mineral working use complies with the following conditions:

             (a)  the developer or operator of the mineral working development shall prepare an environmental impact statement which shall have due regard to the impact of the quarry operation on the quality and quantity of the water within the protected watershed, and it shall be prepared in accordance with section 10;

             (b)  if the environmental impact statement is found satisfactory by the authority, the authority may impose those conditions that it considers necessary which will protect the environment affected while permitting the development to proceed;

             (c)  the mineral working development shall conform to the standards and conditions of Schedule B, Conditions for Mineral Workings.

Forestry use

        9. Unless otherwise specified by the authority, a forestry use may not be permitted by the authority unless the forestry use complies with the following conditions:

             (a)  the developer or operator of the forestry development shall prepare an environmental impact statement which shall have due regard to the impact of the quarry operation on the quality and quantity of the water within the protected watershed, and it shall be prepared in accordance with section 10;

             (b)  if the environmental impact statement is found satisfactory by the authority, the authority may impose those conditions that it considers necessary to protect the environment affected while permitting the development to proceed;

             (c)  the forestry development shall conform to the standards and conditions of the Forestry Use Zone of these regulations.

Environmental Impact Statement

     10. An environmental impact statement shall be prepared by qualified professionals with prime expertise in environmental science, and it shall include the following:

             (a)  a description of the purpose of the undertaking;

             (b)  a description of the activities to be carried out as part of the undertaking;

             (c)  a description of and a statement of the rationale for

                      (i)  the undertaking,

                     (ii)  the alternative methods of carrying out the undertaking, and

                    (iii)  the alternatives to the undertaking;

             (d)  a description of

                      (i)  the environment that will be affected or that might reasonably be expected to be affected directly or indirectly,

                     (ii)  the effects that will be caused or that might reasonably be expected to be caused to the environment, and

                    (iii)  the actions necessary or that may reasonably be expected to be necessary to prevent, change, mitigate or remedy the effects that might reasonably be expected upon the environment by the undertaking, the alternative methods of carrying out the undertaking and the alternative to the undertaking;

             (e)  an evaluation of the advantages and disadvantages to the environment of the undertaking and the alternative methods of carrying out the undertaking and the alternatives to the undertaking.

Public notice

     11. The environmental impact statement shall form part of the information that is available for public review and comment before consideration for approval by the authority.

Accessory building

     12. An accessory building shall be permitted subject to the following conditions:

             (a)  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, shall not project in front of a building line and shall conform to the sideyard requirements of this zone;

             (b)  the construction of the accessory building on the lot shall not affect the amenities of the adjoining properties;

             (c)  an accessory building shall have a maximum floor area of 55 metres and a maximum height of 4.5 metres;

             (d)  the accessory building shall have a minimum separation distance of 3 metres from the main building and other accessory buildings;

             (e)  the accessory building is used only for the storage of materials and equipment that are related to the enjoyment of the lot to which the accessory building relates; and

              (f)  the accessory building shall not be used for human habitation or commercial purpose.


USE ZONE TABLE

 

ZONE TITLE

AGRICULTURE

(A)

PERMITTED USE CLASSES: Agriculture, animal, single dwelling and accessory building

DISCRETIONARY USE CLASSES: Veterinary, outdoor market, general industry, forestry, mineral working, antenna, service station, convenience store, child care and recreational open space

CONDITIONS

Development standards

        1. The development standards for this zone shall be as follows:

             (a)  minimum lot area ‑ 1,860 square metres;

             (b)  minimum frontage ‑ 30 metres;

             (c)  minimum building line setback ‑ 15 metres;

             (d)  minimum sideyard width ‑ 3 metres;

             (e)  minimum rearyard depth ‑ 10 metres;

              (f)  maximum height ‑ 8 metres.

Advertisement re: onsite uses

        2. The conditions which shall apply to the erection or display of an advertisement on a lot or site occupied by a use permitted in this use zone shall be as follows:

             (a)  the size, shape, illumination and material construction of the advertisement shall meet the requirements of the authority, having regard to the safety and convenience of users of adjacent streets and sidewalks and the general amenities of the surrounding area;

             (b)  an advertisement shall not exceed 5 square metres in area.

Land Development Advisory Authority

        3. Development may be permitted by the authority subject to the approval of the Land Development Advisory Authority of the Department of Forest Resources and Agrifoods.

Single dwelling

        4. A single dwelling shall be permitted subject to the following conditions:

             (a)  the single dwelling has received the approval of the Land Development Advisory Authority of the Department of Forest Resources and Agrifoods;

             (b)  the single dwelling shall be related to or associated with a farm unit or agricultural land tenure and under no circumstances shall be related to or associated with a non‑agricultural commercial use;

             (c)  the lot or farm unit on which the single dwelling is located shall have direct access and frontage on a street or publicly maintained road; and

             (d)  the single dwelling is located within an area presently characterized by a mix of residential and agricultural development as identified by the authority.

General industry

        5. Where permitted by the authority, a general industry use shall conform to the following requirements:

             (a)  the development is related to or associated with the agricultural use of the area;

             (b)  the development is approved by the Department of Environment and Labour;

             (c)  the development is compatible with nearby uses;

             (d)  sufficient parking is provided in accordance with these regulations;

             (e)  the authority is satisfied that adequate services and fire fighting capability designed to meet the particular industrial development are available; and

              (f)  the development complies with the pertinent regulations of the authority.

Mineral working

        6. Where permitted by the authority, a mineral working use shall conform to the conditions of Schedule B.

Child care

        7. Where permitted by the authority, a child care use shall conform to the following requirements:

             (a)  the pertinent authority and provincial regulations are complied with;

             (b)  sufficient parking is provided in accordance with these regulations;

             (c)  adequate indoor and outdoor play and amenity space is supplied; and

             (d)  the development is compatible with nearby uses.

Accessory building

        8. Accessory buildings shall be permitted subject to the following conditions:

             (a)  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, shall not project in front of a building line, and shall conform to the sideyard requirements of this zone;

             (b)  the construction of the accessory buildings on the lot shall not affect the amenities of the adjoining properties;

             (c)  with the exception of accessory buildings in conjunction with a farm or agricultural undertaking, an accessory building shall have a maximum floor area of 55 square metres and a maximum height of 4.5 metres, except that the authority may increase both the maximum floor area and maximum height of the accessory building provided the increase in the floor area and height has no undesirable impact on adjoining properties and the maximum lot coverage does not exceed 12%;

             (d)  accessory buildings shall have a minimum separation distance of 3 metres from the main building and other accessory buildings;

             (e)  accessory buildings are used only for the housing of livestock or storage of materials and equipment that are related to the enjoyment of the lot to which the accessory building relates;

              (f)  accessory buildings shall not be used for human habitation or commercial purposes; and

             (g)  accessory buildings shall require the approval of the Land Development Advisory Authority of the Department of Forest Resources and Agrifoods.

Separation of sawmill

        9. Unless otherwise stipulated by the authority, the minimum separation distance between the location of a sawmill and the uses listed below must be in accordance with the requirements of the Department of Environment and Labour or the distances listed below, whichever is the greater:

             (a)  minimum separation distance between a sawmill and existing or proposed residential development ‑ 300 metres;

             (b)  minimum separation distance between a sawmill and a public highway or street ‑ 100 metres;

             (c)  minimum separation distance between a sawmill and a waterbody or watercourse ‑ 50 metres;

             (d)  minimum separation distance between the stockpile of sawdust or other similar wood product and a waterbody or watercourse ‑ 100 metres.

Forestry use

     10. Where permitted by the authority, forestry users and their operations shall conform to the following requirements:

             (a)  a buffer strip not less than 50 metres wide shall be located between a forestry building or operation and a public highway or street, which shall have or be planted with trees and shrubs in a manner that visibility of a part of the operation from the surrounding areas or streets will be prevented;

             (b)  adequate steps shall be taken to prevent the pollution of a watercourse by a forestry operation;

             (c)  the forestry operation shall be kept clean of refuse, abandoned vehicles and forestry operation equipment at all times;

             (d)  where the forestry use involves area wide cutting of trees, a rehabilitation plan is to be submitted and approved by the authority before the issuance of a permit; and

             (e)  the requirements of the Department of Forest Resources and Agrifoods.


USE ZONE TABLE

 

ZONE TITLE

FORESTRY

(F)

PERMITTED USE CLASSES: Forestry, agriculture and accessory building

DISCRETIONARY USE CLASSES: General industry, mineral working, antenna, single dwelling, educational and recreational open space

CONDITIONS

Development standards

        1. The development standards for this zone shall be as follows:

             (a)  minimum lot area ‑ 4,000 square metres;

             (b)  minimum frontage ‑ 30 metres;

             (c)  minimum building line setback ‑ 15 metres;

             (d)  minimum sideyard width ‑ 3 metres;

             (e)  minimum rearyard depth ‑ 10 metres;

              (f)  maximum height ‑ 8 metres.

Advertisement re: onsite uses

        2. The conditions which shall apply to the erection or display of an advertisement on a lot or site occupied by a use permitted in this use zone shall be as follows:

             (a)  the size, shape, illumination and material construction of the advertisement shall meet the requirements of the authority having regard to the safety and convenience of users of adjacent streets and sidewalks and the general amenities of the surrounding area;

             (b)  an advertisement shall not exceed 5 square metres in area.

Educational use

        3. Education as a discretionary use shall only apply to the Memorial University of Newfoundland woodlot and the educational uses permitted shall be research oriented.

Approval required

        4. Development may be permitted by the authority subject to the approval of the Department of Forest Resources and Agrifoods.

General industry

        5. Where permitted by the authority, a general industry shall conform to the following requirements:

             (a)  the development is related to or associated with the agricultural, or forestry use of the area;

             (b)  the development is approved by the Department of Environment and Labour;

             (c)  in the opinion of the authority, the use is compatible with nearby uses;

             (d)  sufficient parking is provided in accordance with these regulations;

             (e)  the authority is satisfied that adequate services and fire fighting capability designed to meet the particular industrial development are available; and

              (f)  the development complies with the pertinent regulations of the authority.

Mineral working

        6. Where permitted by the authority, a mineral working use shall conform to the conditions of Schedule B.

Accessory building

        7. Accessory buildings shall be permitted subject to the following conditions:

             (a)  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 to the rear of a building line;

             (b)  the construction of the accessory buildings on the lot shall not affect the amenities of the adjoining properties;

             (c)  with the exception of accessory buildings in conjunction with a farm or agricultural undertaking, an accessory building shall have a maximum floor area of 55 square metres and a maximum height of 4.5 metres, except that the authority may increase both the maximum floor area and maximum height of the accessory building provided the increase in the floor area and height has no undesirable impact on adjoining properties and the maximum lot coverage does not exceed 12%;

             (d)  accessory buildings shall have a minimum separation distance of 3 metres from the main building and other accessory buildings;

             (e)  accessory buildings are used only for the housing of livestock or storage of materials and equipment that are related to the enjoyment of the lot to which the accessory building relates; and

              (f)  accessory buildings shall not be used for human habitation or commercial purposes.

Separation of sawmill

        8. Unless otherwise stipulated by the authority, the minimum separation distance between the location of a sawmill and the uses listed below must be in accordance with the requirements of the Department of Environment and Labour or the distances listed below, whichever is greater:

             (a)  minimum separation distance between a sawmill and existing or proposed residential development ‑ 300 metres;

             (b)  minimum separation distance between a sawmill and a public highway or street ‑ 100 metres;

             (c)  minimum separation distance between a sawmill and a waterbody or watercourse ‑ 50 metres;

             (d)  minimum separation distance between the stockpile of sawdust or other similar wood product and a waterbody or watercourse ‑ 100 metres.

Forestry use

        9. Forestry uses and their operations shall conform to the following requirements:

             (a)  a buffer strip not less than 50 metres wide shall be located between a forestry building or operation and a public highway or street, which shall have or be planted with trees and shrubs in a manner that visibility of a part of the operation from the surrounding areas or streets will be prevented;

             (b)  adequate steps shall be taken to prevent the pollution of a watercourse by a forestry operation;

             (c)  the forestry operation shall be kept clean of refuse, abandoned vehicles and forestry operation equipment at all times;

             (d)  where the forestry use involves area wide cutting of trees, a rehabilitation plan is to be submitted and approved by the authority before the issuance of a permit; and

             (e)  the requirements of the Department of Forest Resources and Agrifoods.

Single dwelling

     10. Where permitted by the authority, a single dwelling shall conform to the following requirements:

             (a)  the single dwelling has received the approval of the Department of Forest Resources and Agrifoods;

             (b)  the single dwelling shall be related to or associated with an agricultural or forestry use; and

             (c)  the lot on which the single dwelling is located shall have direct access and frontage on a street or publicly maintained road.


Schedule B

Conditions for Mineral Workings

Temporary buildings

        1. All buildings, equipment and plants shall be erected or located in a manner that in the opinion of the authority they may be easily dismantled and removed upon completion of the mineral working operation.

Buffer strip

        2. (1) A buffer strip not less than 150 metres wide shall be located between a mineral working operation and an area which is or is likely to become developed during the period in which the area will be used for mineral working or quarrying purposes.

             (2)  A buffer strip not less than 30 metres wide shall be maintained between a mineral working operation and a public highway or street.

             (3)  The buffer strip shall have or be planted with trees and shrubs in a manner that visibility of a part of the operation from the surrounding areas or streets will be prevented.

Watercourse pollution

        3. Adequate steps shall be taken to prevent the pollution of a watercourse by a mineral working operation.

Operating plants

        4. An operating plant shall not be erected within 180 metres of the zone boundary.

Site maintenance

        5. The mineral working operation shall be kept clean of refuse, abandoned vehicles and abandoned mineral working equipment at all times.

Conservation of topsoil

        6. In establishing a mineral working operation, every care shall be taken to conserve topsoil for reinstatement and to clear brush and undergrowth to avoid fire hazards.

Site rehabilitation

        7. On completion of the mineral working operation, all buildings and equipment shall be removed, rough landscaping carried out and topsoil respread and reseeding of grass carried out.

Security bonding

        8. (1) Unless otherwise specified by the authority, a security bond in an amount satisfactory to the authority shall be submitted to the authority before work commencing on the site.

             (2)  The security bond referred to subsection (1) will be returned to the developer upon cessation of the operation on the site and the site restored and landscaped to the satisfaction of the authority.

249/91 Sch