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Copyright © 2006: Queens Printer,
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.
1. These regulations may be cited as the Marble Mountain Protected Area Land Use Zoning Regulations .
2. In these regulations
(a) "access" means street, road, lane, driveway, path, walk or other way, whether of the kind mentioned before or not, whether existing or proposed, intended for use by vehicles, farm implements, pedestrians or animals as a means of going from a road, street or highway to land adjacent to it;
(b) "Act" means the Urban and Rural Planning Act ;
(c) "advertisement" means a word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purpose of advertisement, announcement or direction, excluding a thing employed wholly as a memorial, or functional advertisement of councils, or other local authorities, statutory undertakers and public transport undertakers, and including any hoarding or similar structure used or adapted for use for the display of advertisements;
(d) "appeal board" means the appropriate appeal board established under the Act;
(e) "authority" means the Director of Development Control of the Department of Municipal and Provincial Affairs;
(f) "building" means every structure, erection, excavation, alteration or improvement placed on, over or under the land and every part of a building and a chimney, staircase, porch or other structure used in connection with a building and all equipment, apparatus, or appliances attached to or installed in a building;
(g) "building line" means the horizontal distance between the street line of a street and the nearest part of a building on land adjoining the street;
(h) "Chief Medical Officer" includes an officer of the Department of Health acting on behalf of the Chief Medical Officer for the purpose of these regulations;
(i) "development" means the carrying out of a building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use, or the intensity of use of any land, buildings or premises and shall specifically include
(i) the making of an access onto a highway, road or way,
(ii) the erection of an advertisement or sign, and
(iii) the parking of a trailer or vehicle of any description used for the sale of refreshments or merchandise, or as an office, or for living accommodation, for a period of time,
and shall exclude
(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 any 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 any works for the purpose of inspecting, repairing or renewing any 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 curtilage of a dwelling house for a purpose incidental to the enjoyment of the dwelling house,
(viii) the use of any land for the purpose of agriculture or forestry, including afforestation, and the use for any of those purposes of a building occupied together with land so used,
(ix) the carrying out of mining operation in a part of the province when it is outside of a joint planning area, municipal area, local planning area, protected road area of control or protected area, and
(x) the carrying out of works for the erection, maintenance, improvement or other alteration of a building that is located wholly within the curtilage of an existing lawfully constructed industrial undertaking providing in the opinion of the board that that work will not materially change the use of the industrial undertaking or have an adverse affect upon the land, development, or amenities of an adjacent area;
(j) "development plan" means a detailed description of a proposed development and includes
(i) a plan showing existing developments on the lot to be developed, including topography, vegetative cover, services, easements, rights-of?way and structure,
(ii) a detailed site plan showing location of all proposed developments, including buildings, access parking areas and landscaping including final grades, curb and fill, drainage and plant materials used,
(iii) detailed architectural plans showing all buildings to be constructed,
(iv) detailed engineering plans showing the proposed water supply and waste disposal for the proposed development, and
(v) descriptive reports describing the above plans and providing details on procedures and methods of development, materials and equipment to be used for the development and maintenance of proposed developments;
(k) "development plan agreement" means a contract between the authority and an applicant where the applicant agrees to carry out and maintain the proposed development in a manner and under those conditions as may be set out in the development plan and the authority agrees to issue a development permit under those terms and conditions;
(l) "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 or the reafforestation of it;
(m) "lot" means a plot, tract or parcel of land which can be considered as a unit of land for a particular use or building;
(n) "parking area" means an open area of land, other than street, highway or lay-by, used for the parking of vehicles and accessible to the public or as an accommodation to clients, customers or occupants;
(o) "parking space" means 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;
(p) "restaurant" means a building, or part of one, designed or intended to be used or occupied for the purposes of serving the general public with meals and refreshments, for consumption on the premises;
(q) "service street" means a street constructed parallel to or close to another street for the purpose of limiting direct accesses to that street;
(r) "shop" means a building used for retail trade in which the primary purpose is the selling or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale of retail services but does not include an amusement use, general garage, service station or premises for the sale of industrial, construction or automotive vehicles and equipment;
(s) "snack bar" means a building or part of one in which confectionery, fruit, light meals and refreshments are served for consumption on or off the premises;
(t) "street" means a street, road or highway or other way designed or intended for public use for the passage of vehicles and pedestrians;
(u) "tavern" includes a nightclub and means a building licensed or licensable under the Liquor Control Act where meals and food may be served for consumption on the premises and in which entertainment may be provided; and
(v) "use zone" means an area on the zoning map designated for a particular use or combination of uses.
3. These regulations apply to the Marble Mountain Protected Area .
4. (1) Development shall not be carried out within the protected area except in accordance with these regulations.
(2) A person shall not carry out any development of land within the protected area except where otherwise provided in these regulations unless a permit for the development has been issued by the authority.
Permit not issued
5. A permit shall not be issued for development within the protected area when
(a) in the opinion of the authority, the site lacks adequate road access, power, drainage, sanitary facilities or domestic water supply; or
(b) in the opinion of the authority, the development as submitted does not meet the requirements of the plan.
Authority to obtain approval
6. The authority shall not issue a permit
(a) without the prior approval of the Department of Municipal and Provincial Affairs for any development located in a watershed established under section 58 of the Act; and
(b) without prior approval of the owner of the land on which the development will be located.
Application for permit
7. (1) An application for a permit to develop shall be made to the authority on the form prescribed by the authority and every applicant for a permit shall provide with an application those plans, specification and drawings as the authority may require.
(2) The authority shall issue a permit in writing for the proposed development if it is satisfied that the development conforms to these regulations.
(3) A plan or drawing which has been approved by the authority and which bears a mark and signature indicating the approval together with a permit shall be presumed to be permission to develop land in accordance with these regulations.
(4) Approval referred to in subsection (3) shall not obviate the necessity to obtain permits or approvals under another regulation, by-law or statute.
(5) In a use zone, the authority shall require a development plan agreement as a condition for issuance of a permit.
(6) The authority may attach to a permit those conditions it considers necessary in order that the proposed development will be implemented as approved.
(7) The conditions referred to in subsection (6) may include the deposit of a performance bond by the applicant to ensure satisfactory completion of a development plan agreement.
Duration of permit
8. A permit is valid for a period, not in excess of 2 years, and may be renewed for a further period not in excess of one year, but a permit shall not be renewed more than once, except in the case of advertisement, which may be renewed in accordance with sections 16 through 23.
Modifications may be ordered
9. The approval of an application and plans and drawings shall not prevent the authority from requiring the correction of errors, or from ordering the cessation, removal of, or remedial work, on any development being carried out in the event that it is in violation of this or other regulations, by-laws or statute.
Action by authority
10. (1) The authority shall take appropriate action against a person who fails to comply with any terms of a permit.
(2) The authority may cancel a permit for failure by the holder of it to comply with these regulations or any condition attached to the permit or an order made under the Act.
11. A person shall not erase, alter or modify any drawing or specifications upon which a permit to develop has been issued by the authority.
Permit to be posted
12. There shall be kept posted in a conspicuous place on the premises where any work, matter or thing is being done for which a permit has been issued a copy of the permit or a poster instead of it as supplied by the authority during the whole progress of the work, or the doing of the matter or thing.
13. (1) Where the authority considers it necessary, permits may be issued on a temporary basis for a period not exceeding 2 years.
(2) At the discontinuance of use or if a temporary permit expires and is not renewed or is cancelled by the authority, the authority may order the developer, the occupier of the site, or the owner to remove all buildings or erections above ground, to cover or fill all wells or excavations, and to close all accesses, or to do any of these things or all of them.
(3) The developer, occupier or owner shall carry out the order of the authority referred to in subsection (2) and shall put the site in a clean and sanitary condition to the satisfaction of the authority.
14. (1) The authority, the director, the Chief Medical Officer or an inspector may enter upon any public or private land and may at all reasonable times enter a development or building upon the land for the purpose of making surveys or examinations or obtaining information relative to the carrying out of any development, construction, alteration, repair or other works which the authority is empowered to regulate.
(2) Every inspector shall keep a record of any violation of these regulations which comes to his or her knowledge and report that violation to the authority.
15. (1) The appeal board shall determine an appeal from the decision of the authority with respect to the application of the provisions of these regulations by a person
(a) who claims that the strict enforcement by the authority of the requirements of these regulations would cause him or her special and unnecessary hardship because of circumstances peculiar to the use, character or situation of his or her land or building or development; or
(b) who is not satisfied with a decision resulting from the exercise of discretionary powers under these regulations by the authority.
(2) An appeal may be made by a person aggrieved by a decision relating to an application made by him or her or another person providing the conditions set out in paragraphs (1)(a) and (b) apply.
(3) A person intending to appeal to the appeal board shall deposit with the secretary of the appeal board within 30 days after the date of the decision of the authority against which the appeal is to be made a written notice of appeal indicating the circumstances and grounds for that appeal, the name and address of the appellant and information that may be required by the appeal board.
16. (1) The secretary of the appeal board shall inform the appellant and the authority of the time and place of the hearing of the appeal.
(2) The appeal board shall ensure that reasonable notice of the hearing of each appeal is given to all persons who, in its opinion, may be affected by the appeal.
(3) The appeal board shall consider and determine each appeal having due regard to the circumstances and merits of the particular case and the general purpose and intent of the regulations and any scheme or plan that has been adopted and, in the case of an appeal made under paragraph 15(1)(a), shall seek to relieve the appellant from unnecessary hardship to the extent as in its opinion will not be adverse to the public interest.
(4) In determining an appeal, the appeal board may confirm, reverse, or vary the decision appealed from or against and may impose those conditions or limitations as it considers proper and desirable in the circumstances.
(5) The decision of the appeal board is final and binding upon all parties subject only to an appeal upon a question of jurisdiction or upon a question of law to the Court of Appeal in accordance with section 122 of the Urban and Rural Planning Act .
Highway accesses and service streets
17. (1) Access to a highway or arterial street shall be located to the specification of the authority with the intent that they shall impair the convenience and safety of those traffic ways to the least possible degree.
(2) Where practicable, the authority shall prescribe the construction of service streets to reduce to a minimum the number of access points to a highway or arterial street.
18. 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.
19. Advertisements shall not be erected or displayed except in accordance with sections 24 and 25.
Building line and setback
20. The authority may establish building lines on an existing or proposed street or service street or setbacks from any other property line of the lot on which the development is situated and may require any new buildings to be located conforming to those setbacks, whether or not those setbacks are part of the standards set out in the tables in section 26.
21. No building or land shall be used for any purpose which may be dangerous by causing or promoting fires, or which may emit noxious or offensive fumes, smoke, gasses, smells, ash, dust or grit, excessive noise or vibration.
22. For every building structure or use, off-street parking shall be provided in the capacity and location required by the authority and be maintained subject to the following specifications:
(a) each parking space shall be made accessible for ingress and egress by means of a hard surfaced land or right-of-way or street at least 3 metres in width;
(b) the parking area shall be maintained with a stable surface that is treated to prevent the raising of dust or loose particles;
(c) no sign other than directional signs and the name of the owner, not exceeding one square metre in size, shall be erected on a parking lot; and
(d) no gasoline pump or other service station equipment shall be located or maintained on a parking lot.
Landscaping and screening
23. (1) The authority may, in the case of existing unsightly development, or an off-street parking lot, order the owner or occupier to provide adequate and suitable landscaping or screening.
(2) Under subsection (1), the authority may require the submission of an application giving details of the landscaping or screening.
(3) These regulations shall apply to an application referred to in subsection (2).
(4) The provision of adequate and suitable landscaping or screening may be made a condition of any development permit where, in the opinion of the authority, the landscaping or screening is desirable to preserve amenity, and protect the environment.
24. A new street may not be constructed except in accordance with the design and specifications laid down by the authority.
Control of advertisements
25. (1) Subject to section 7, no advertisement shall be erected in the protected area unless a permit for the advertisement is first obtained from the authority.
(2) Application for a permit to erect an advertisement shall be made to the authority in accordance with section 6.
(3) No advertisement shall be permitted within, on or over a highway or street reservation.
(4) A permit granted under these regulations for the erection of an advertisement shall be for a limited period, not exceeding 2 years, but may be renewed at the discretion of the authority for similar periods.
26. (1) The following advertisements may be erected in the protected area without application to the authority
(a) on land used for forestry purposes, directional signs or notices not exceeding one square metre in area and relating to forestry operations or the location of logging operations conducted on the land; and
(b) on the principal facade of a commercial or recreational building, the name of the building or the name of the occupants of the building, in letters not exceeding 1/10 of the height of that facade.
(2) Notwithstanding the provisions of section 24, the authority may require the removal of an advertisement which, in its opinion, is
(a) hazardous to road traffic by reason of its sitting, illumination or structural condition; or
(b) detrimental to the amenities of the surrounding area.
Schedule of use zones
27. (1) For the purpose of these regulations the protected area is divided into use zones as follows:
(a) Recreational 1 - R.1;
(b) Recreational 2 - R.2;
(c) Watershed Area - WA; and
(d) Mountain Area 1 - M.1.
Use zones are delineated on the Marble Mountain Protected Area Zoning Plan, as declared by the Lieutenant?Governor in Council.
(3) The following tables of land uses and standards apply to the individual use zones delineated in these regulations:
* Trails include those for skiing, hiking or snowmobiling, depending on what use has been allowed in the second column - Permitted Uses.
28. The Marble Mountain Protected Area Land Use Zoning Regulations, 1978, Newfoundland Regulation 33/79, are repealed.
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