Development Regulations

USE ZONE TABLES

Note

The schedule contains tables for the following Use Zones:

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The following conditions apply to several use zones contained in this Schedule. They will be referenced by number where applicable in the Use Zone Tables to follow.

1. Advertisements Relating to Onsite Uses

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* per dwelling unit.

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All residential development in this zone shall front on a publicly owned and maintained road and shall be serviced by the municipal water system.

2. No dwelling unit shall be closer than 8 metres to, nor at a greater distance than 32 metres from a public street capable of being used year round by service and emergency vehicles, and each dwelling shall be serviced by an adequate pedestrian access.

Subject to the requirements fo the Department of Heath, the area of land required per dwelling unit shall be determined, in accordance with the water and sewer services available, as follows:

(a) With a municipal piped water supply and connection to a municipal sewer or to a private sewer discharging directly to the sea	650 m2
(b) With a municipal piped water supply, and sewage disposal by septic tank and tilefield	1400m2
(c) With a well water supply and connection to a municipal sewer or to a private sewer discharging directly to the sea	1400m2
(d) With a well water supply and disposal by septic tank and tilefield	1860m2

Convenience stores will only be permitted as a discretionary use under the following conditions:

8. All other Discretionary Uses

Where permitted as a discretionary use, all other uses shall conform to the frontage, building line setback, side-yard, rear-yard, lot coverage and height requirements specified for a single dwelling.

9. Discretionary Use Classes

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

10. Business and professional uses may be permitted in a self-contained detached dwelling which provide personal services, small business services, small appliance repair and sporting goods repair services provided that:

1. The use is clearly a subsidiary use to the residential use and does not detract from the residential character of the neighborhood.

2. No wholesale sales or storage of goods is carried out and any retail sales are incidental and subsidiary to the approved use. No repairs to vehicles or heavy equipment area carried out.

3. Activities associated with the use are not hazardous and do not cause noticeable noise, odor, dust or fumes, or inconvenience and are not apparent to occupants of adjoining residences.

4. Not more than twenty-five (25) percent of the total floor area of the dwelling up to a maximum of forty-five square metres is devoted to the use.

5. No change to be made in the type, class or extent of service provided without a permit.

11. The following requirements shall apply to all proposed service stations and garages:

(a) All gasoline pumps shall be located on pump islands designed for such purpose , and to which automobiles may gain access from either side.

(b) Pump islands shall be set back at least 4 metres from the front line.

(c) Accesses shall not be less than 7 metres wide and shall be clearly marked, and where a service station is located on a corner lot, the center line of any access shall be at least 30 metres from the center line of the junction. The lot line between entrances shall be clearly indicated

(d) A planting strip shall be required (minimum of 1.5 metres) along any portion of a rear lot line or any portion of a side lot line which abuts a lot having a Residential use.

12. The following requirements shall apply to all light industrial developments: (See General Development Standards #35)

(a) All light industrial uses must be provided with appropriate ingress and aggress and municipal services designed or industrial use. Any industrial establishment must provide adequate off-street parking facilities for all employees.

(b) No light industrial building or site activity shall be permitted closer than 20 metres to the right-of-way of an arterial street or collector road.

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

1. Minimum Setback 10 metres

2. Minimum Lot Size 1860 m2
3. Minimum Frontage 23 metres

4. Minimum Floor Area 56 m2

5. Minimum Road Access Width 7.5 metres

2.    Lot Area

Subject to the requirements of the Department of Health, the area of land required per dwelling unit shall be determined, in accordance with the water and sewer serviced available, as follows:

(a) With a municipal piped water supply and connection to a municipal sever or to a private sewer discharging directly to the sea 650 m2

(b) With a municipal piped water supply, and sewage disposal by septic tank and tilefield 1400 m2

(c) With a well water supply and connection to municipal sewer or to private sewer discharging directly to the sea 1400 m2

(d) With a well water supply and disposal by septic tank and tilefield 1860 m2

3.    Permanent Access

Dwellings uses that require permanent year round access shall have frontage on a publicly owned and maintained road as specified in the development standards for this zone.

4.    Semi-permanent Access

All uses other than those that require permanent year round access must provide a road access to a publicly owned and maintained road according to the development standards for this zone.

5.    Non-building Uses

The Authority may waive or vary the requirement of road access to for a non-building use that is not accessible to a publicly owned and maintained road provided that vehicular access is not required and access for fire protection equipment is adequate.

Residential uses shall not be permitted except for:

- One residence for each commercial farm.
- One residence per person who has continually owned a parcel of land on or before the coming into effect of this plan and further provided the lot on which such residence is located is a minimum of two hectares.
- One residence for any son or daughter of a person who has continuously owned and resided on a parcel of land on or before the coming into effect of this plan provided that the location, size and frontage of the lot must be approved by council and the lot is a minimum 1860 square meters in area and further provided that the original parcel contains two hectares or greater for each such residence approved.

Resident must be located so that they:

S do not interfere with access to the remainder of the land;
S shall have at least 61 meters frontage on a publicly maintained road, street or highway.

6.    Discretionary Use Classes

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

7. Residential Dwelling

   Residential dwelling shall not be permitted in the Agricultural zone except at the discretion of the Authority and where such a dwelling is clearly ancillary and necessary for the effective operation of a permitted use and in accordance with the following regulations.

    

8. Environmental Reserve

   There shall not be any development in the Agricultural Zone within 30.5 metres of the usual high water mark of any water course or water body in that zone.

    

9. Buffer Zone

   The authority may establish a buffer zone between any permitted use and any other use zone if the adjacent uses are not compatible..

    

10. Disposal Sites

    There shall not be any permanent or seasonal residences within the 1.6 km radius buffer zone of waste disposal or incinerator site.

     

11. Seasonal Residences

    All seasonal residences shall have minimum lot area of 1860 square metres and conform to all Department of Health Regulations.

     

12. Separation for Adjacent Uses

    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 scrap-yard 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  Scrap-yard or Solid Waste Storage or Disposal Site
    Existing or proposed Residential Development	30 meters
    Any other development area or area likely to be developed during the life of the scrap-yard or solid waste use	150 meters
    Public highway or street	50 meters
    Protected Road	90 meters
    Water body or Watercourse	50 meters

     

13. Screening

1. Where tree screens exist between the use and adjacent public highways and streets or other land uses (excepting forestry and agriculture), the tree screens shall be retained in a 30-metre wide strip of vegetation so that visibility of any part of the use from the surrounding uses or streets will be prevented. The tree screens must be maintained by the owner or occupier of the use to retain 30 metres in a forested appearance. Where vegetation dies or is removed from the 30 metre strip, the Authority may require new trees of a minimum height of 1 metre be planted to fill in the areas affected to the satisfaction of the Authority or, at the discretion of the Authority, condition 2(b) must be undertaken.

2. Where no tree screens exist of sufficient width and density to constitute a visual screen, earthen berms shall be constructed to a height sufficient to prevent visibility of any part of the use from adjacent uses (excepting forestry and agriculture), or adjacent public highways and streets. The berms shall be landscaped to the Authority= s satisfaction.

3. Where natural topography creates a visual screen between a scrap-yard or solid waste storage or disposal site and adjacent public highways and streets or other land use (excepting forestry and agriculture), additional screening may not be required.

4. Where effective screening for any scrap-yard or solid waste disposal or storage use cannot be installed or located as required in (a) - (c) above, or where the site is highly visible from a distance, the Authority may refuse to permit the use or associated activity.

14.    Fencing

The Authority may require scrap-yard or solid waste storage or disposal site to be enclosed by a fence designed and constructed to its specifications and no less than 1.8 metres in height.

15.    Water Pollution

No mineral working or associated storm or sanitary drainage shall unacceptably reduce the quality of water in any water body or watercourse. Any access road to a pit and quarry working which crosses a brook or stream shall be bridged or culverted at the crossing in accordance withe the Regulations of the Department of Environment.

16.    Water Ponding

No mineral working or associated storm or sanitary drainage shall unacceptable reduce the quality of water in any water body or watercourse. Any access road to a pit and quarry working which crosses a brook or stream shall be bridged or culverted at the crossing in accordance with the Regulations of the Department of Environment and Lands.

17.    Erosion Control

No mineral working shall be carried out in a manner so as to cause erosion of adjacent land.

18.    Site Maintenance

The mineral working shall be kept clean of refuse, abandoned vehicles, and abandoned equipment and any derelict buildings.

19.    Access Roads

During extended periods of shutdown, access roads to a mineral working shall be ditched or barred to the satisfaction of the Authority.

20.    Stockpiling Cover Material

All stumps, organic material and topsoil, including the rusty coloured and iron stained layer, shall be stripped and stockpiled at least 5 metres from active quarry or stockpile areas. The owner or operator shall ensure that the quality of the topsoil is not affected by dilution with other materials.

21.    Operating Plant and Associated Processing and Manufacturing

The Authority may permit processing and manufacturing use associated with mineral workings provided that, in the opinion of the Authority, the use does not create a nuisance nor is liable to become a nuisance or offensive by the creation of noise or vibration, or by reason of the emission of fumes, dust, dirt, objectionable odor, or by reason of unsightly storage of materials.

22.

All permanent or temporary buildings, plants and structures associated with processing and manufacturing will be located so as not to interfere with the present or future extraction of aggregate resources.

23.

The Authority may specify a minimum separation distance between operation plant or associated processing and manufacturing structure or equipment and adjacent developed areas likely to be developed during the life of the mineral working.

24.    Termination and Site Rehabilitation.

    Upon completion of the mineral working, the following work shall be carried out by the operation:

1. All buildings, machinery and equipment shall be removed.

2. All pit and quarry slopes shall be graded to slopes less than 20 degrees or to the slope conforming to that existing prior to the mineral working.

3. Topsoil and any organic materials shall be re-spread over the entire quarried area.

4. The access road to the working shall be ditched or barred to the satisfaction of the Authority.

25. If the mineral working site contains reserves of material sufficient to support further extraction operations, the Authority may require the work described above to be carried out only in areas of the site where extraction has depleted aggregate reserves.

1.     No residential development shall be permitted in this zone except in accordance with a plan of Subdivision. When the demand for development occurs in the Comprehensive Development Area, Council shall develop a plan of subdivision in conjunction with the Department of Municipal Affairs, prior to the amendment of any part of the C.D.A. for residential use.

2.     Standards for Residential development in a C.D.A shall be established prior to any construction.

3. Discretionary Use Classes

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

4.    There shall not be any permanent development in the Comprehensive Development Area prior to the drafting of a plan of subdivision.

5.    All residential development in the Comprehensive Development Area shall front on a publicly owned and maintained road and be serviced by a municipal water system.

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1. Discretionary use classes

The discretionary use classes listed in this table may be permitted at the discretion of the Authority provided that they are complementary to uses with the permitted use classes or that their development will not inhibit or prejudice the existence for the development of such uses.

2. All uses in this zone shall provide parking areas in accordance with the standards set out in Schedule A D@ , Part V of these Regulations.

1. Discretionary Use Classes

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

2. There shall not be any development within 30.5 meters of any water body or water course in the Planning Area.

3. A buffer strip of natural or planted vegetation shall be maintained within the distance stated in Condition 2.
4. All private parks or campgrounds shall have sanitary services that are approved by the Department of Health.

5. Building shall not be constructed at any elevation lower than 8 meters above sea level or in any area known to be susceptible to flooding.

6. All buildings less than 10 meters above sea level in an Environmental Protection area shall require approved flood proofing measures such as dyking and elevated sites.
7. Non- building recreational uses may be permitted in the Environmental Protection area at the discretion of the Authority.

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1. The minimum lot size required for development after December 31, 1987 shall be 5 acres. Any property acquired after this date must have a minimum area of 5 acres if a residence is to be constructed on the site. Lots shall not be subdivided below 5 acres for residential purposes.

2. Any lots in the Hobby Farming zone acquired prior to January 1, 1988, that are smaller than 5 acres in areas may be developed for residential purposes.
3. After a resident is constructed under condition 2 above the parcel of land may not be subdivided further to less than 5 acres in area for residential purposes.
4. Council shall require a legal survey defining lot area, location, and current ownership prior to the issuance of a development permit.

5. Council shall require proof of the date of acquisition of the lot for which the application for development applies. This may be in the form of:

   • - Dated Bill of Sale signed by a Justice of the Peace

   • - Registered Deed of Conveyance

   • - Legal survey done prior to January 1, 1988 indicating permit applicant as legal owner.

   • - A will indicating inheritance of the lot and a definition of its location and parameters.

6. Only one dwelling shall be permitted on each 5 acres hobby farming lot. Residences in the Hobby Farming zone shall be classified as farm residences and shall not interfere with livestock uses, manure spreading or other normal activities.
7. Quarrying and mining will be permitted only if reclamation and rehabitation are provided for and the use will not interfere with hobby farms or with agricultural use of the remainder of the Planning Area. All mineral working activities shall conform with Department of Mines regulations.
8. All lots in the Hobby Farm zone must front on a publicly owned.

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1. 1. The off-street parking requirements for uses in the various use classes set out in Schedule B shall be as set out in the following table.

2. In the case of developments including uses in more than one use class, these standards shall be regarded as cumulative.
3. Adequate off-street provision for drop-off and pick-up of persons shall be provided in developments where required, such as uses within the educational, passenger assembly, child care, medical treatment and special care, commercial residential and take-out food service use classes.

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