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Regulation number	Title
C-12	Community Planning Act

Under section 77 of the Community Planning Act, the Lieutenant-Governor in Council, on the recommendation of the Minister, makes the following Regulation:

1This Regulation may be cited as the Roosevelt Campobello International Park Designated Areas Regulation - Community Planning Act.

2In this Regulation

“alter” means, in relation to a building, to make any structural or other change thereto which is not for purposes of maintenance only;(modifier)

“building” means any structure of whatever nature or kind, other than a pole, tower or line of a telephone, telegraph or electric power utility;(bâtiment)

“building accessory” means a detached subordinate building, not used for human habitation, located on the same lot as the main building, the use of which is naturally or customarily incidental to the use of the main building;(bâtiment accessoire)

“building, main” means a building in which is conducted the main or principle use of the lot on which the said building is located;(bâtiment principal)

“cottage” means a residential building which may be intended for rent or lease;(chalet)

“erect” means to construct, build, assemble or re-locate a building, and any physical operations preparatory thereto;(édifier)

“lot” means a piece of land used or intended to be used as a building site;(lot)

“lot line” means any line bounding a lot other than a street line;(limite du lot)

“sign” means any display of advertisement, placard, boarding, bill board or other form or means or device whatsoever of public notice or announcement, whether erected, pasted or painted, and any such form or means or device intended, suitable or adaptable for such purpose;(affiche)

“street line” means the line of abutment of a street and a lot;(alignment de rue)

“summer home” means a residential building intended for use of the owner, and not for rent or lease;(maison d’été)

“use” means the purpose for which land or a building is designed, arranged, erected, intended, occupied or maintained;(usage)

“use, accessory” means a use, other than human habitation, of land or a building which is naturally or customarily incidental and complementary to the main use of the land or building to which it is accessory;(usage accessoire)

“width” in relation to a lot, means (largeur)

(a) where the side lot lines are parallel, the distance between the side lot lines as measured across the lot along a line drawn at right angles to the side lot lines, or

(b) where the side lot lines are not parallel, the distance between the side lot lines as measured across the lot along a line drawn

(i) parallel to a line joining the points at which the side lot lines intersect the limits of the abutting street, and

(ii) through the point at which the line of minimum set-back intersects a line drawn perpendicular to and through the mid-point of the line referred to in subparagraph (i);

“yard” means that part of a lot unoccupied by any building thereon for which the yard is required.(cour)

APPLICATION

3(1)This Regulation is effective in those parts of the Parish of Campobello in the County of Charlotte herein referred to as Designated Area No. 1 and Designated Area No. 2, indicated on a Plan compiled by the Planning Branch, Department of Municipal Affairs, dated June, 1969, and described as follows:

Designated Area No. 1

Comprising the following areas on the Island of Campobello adjacent to the Roosevelt Park:

(a) the F. B. Adams property fronting on the eastern limits of Highway No. 774 and the northern limits of the Glensevern Road, and that portion lying between the western limits of Highway No. 774 and the western bank or shore of the said Island;

(b) the Mrs. Roy Johnston property fronting on the east and west side of Highway No. 774 near its junction with the Glensevern Road, the western portion of the said property lying on the eastern side of the old highway, together with an interior parcel abutting easterly the eastern portion lying between the western limits of Highway No. 774 and the western bank or shore of the said Island;

(c) the Tilton property fronting on the east and west side of Highway No. 774 near its junction with the Glensevern Road and adjoining southerly the southern boundary of the Mrs. Roy Johnston property described herein;

(d) the McClintock property lying between the western limits of Highway No. 774 and the western bank or shore of the said Island; and

(e) including the following described land: beginning at a point on the western limits of Highway No. 774 where the western boundary of the Mrs. Roy Johnston property meets the same, said property being at Friar Head, thence northerly along the said western boundary to meet the western bank or shore of the said island, thence northeasterly along the said bank or shore following its various courses to a point where it meets the eastern boundary of the Harry Martin property, thence southerly along the said eastern boundary to meet the western limits of the old highway, thence southwesterly along the said limits of Highway No. 774, thence along the said limits to the place of beginning, comprising the Harry Martin, Joseph Gough Jr., Dr. Patterson and Miss Frances Porter properties, and a portion of the Mrs. Roy Johnston property.

Designated Area No. 2

Beginning at a point where the western limits of Highway No. 774 meets the the southwestern bank or shore of the Island of Campobello at the site of the International Bridge, thence in a northeasterly and northerly direction along the said western limits of Highway No. 774 to the southern bank or shore of a small brook draining into Snug Cove, thence westerly along the said southern bank or shore of the said brook following its various courses to its confluence with Snug Cove, thence in a westerly and southerly direction following the various courses of the western bank or shore of the said Island to the place of beginning.

3(2)Nothing in this Regulation shall apply to those properties vested in, divested or hereafter acquired by the Crown.

SCOPE

4For the designated areas mentioned in section 3, this Regulation

(a) prescribes, subject to powers reserved in the Planning Committee,

(i) the purposes for which land and buildings may be used, and

(ii) standards to which land use, and the placement, erection, alteration and use of buildings, must conform; and

(b) prohibits the use, placement, erection or alteration of land or buildings other than in conformity with the purposes and standards mentioned in paragraph (a).

PART I - ADMINISTRATION

SPECIAL POWERS OF THE
PLANNING COMMITTEE

5(1)No building may be erected in Designated Area No. 1 or No. 2 in respect of which, in the opinion of the Planning Committee, satisfactory arrangements have not been made for the supply of electric power, water, sewerage, streets or other services or facilities.

5(2)No building may be erected on any site where it would otherwise be permitted hereunder when, in the opinion of the Planning Committee, the site is marshy, subject to flooding, excessively steep or otherwise unsuitable for a proposed purpose by virtue of its soil or topography.

5(3)Where, in its opinion, a building is dilapidated, dangerous or unsightly, the Planning Committee may require the improvement, removal or demolition of such building at the expense of the owner.

LOTS

6(1)Unless otherwise approved by the Planning Committee, every lot shall abut a street owned by the Crown.

6(2)Notwithstanding any other regulation, no building may be placed, erected or altered on a lot unless the lot contains at least one acre and has a width of at least

(a) sixty metres, in the case of a summer home, or

(b) fifty-five metres, in the case of a use other than a summer home.

6(3)No more than one main building may be located on a lot.

ACCESSORY BUILDINGS

7An accessory building shall not

(a) exceed four metres in height,

(b) be closer, except in the case of a detached garage, to the street line than the rear of the main building, or

(c) be used for agricultural purposes or for the keeping of animals other than household pets or horses.

STORAGE

8No use may be established or conducted other than in a completely enclosed building.

PART II - DESIGNATED AREA NO. 1

GENERAL

9In Designated Area No. 1,

(a) land may be used, and buildings and structures or parts thereof may be placed, erected, altered or used, for a purpose mentioned in this part, in conformity with the requirements hereof and as otherwise provided, and

(b) no land may be used, and no building or structure or part thereof may be placed, erected, altered or used, for a purpose or in a manner other than is provided for in paragraph (a).

PERMITTED USES

10Any land or building may be used for the purposes of, and for no other purpose,

(a) a summer home, as a main use, and

(b) an accessory building or use incidental to a summer home.

SIZE OF SUMMER HOME

11No summer home may be placed, erected or altered so that it has a ground floor area less than seventy-five square metres.

YARDS

12(1)No main building may be placed, erected or altered so that it is within 7.5 metres of a street line or other lot line.

12(2)No accessory building may be placed, erected or altered so that it is

(a) closer to the street line than the rear of the main building, or

(b) within 4.5 metres of a rear or side lot line.

SIGNS

13(1)No person may erect, place or display on any land or building any billboard or sign other than a non-illuminated sign

(a) advertising the sale of such land or building,

(b) identifying by name the property or the residents thereof, or

(c) warning against trespass.

13(2)A sign mentioned in subsection (1) shall not exceed

(a) in number, one for each purpose mentioned therein, or

(b) in size, 0.15 square metres.

PART III - DESIGNATED AREA NO. 2

14In Designated Area No. 2,

(a) land may be used, and buildings and structures or parts thereof may be placed, erected, altered or used, for a purpose mentioned in this part, in conformity with the requirements hereof and as otherwise provided, and

(b) no land may be used, and no building or structure or part thereof may be placed, erected, altered or used, for a purpose or in a manner other than is provided for in paragraph (a).

PERMITTED USES

15(1)Any land or building may be used for the purposes of, and for no other purpose,

(a) one of the following main uses:

(i) a cottage,

(ii) a motel,

(iii) a recreational use, including a sports field, tennis court, bowling green or similar use,

(iv) a restaurant,

(v) a retail store, or

(vi) a summer home; and

(b) an accessory building or use incidental to the main use of the land or building if such main use is permitted by this subsection.

15(2)A use mentioned in subparagraph (1)(a)(vi) is subject to standards set out in part II therefor.

SIZE OF COTTAGE

16No cottage may be placed, erected or altered so that it has a ground floor area less than fifty-five square metres.

YARDS

17The provisions of section 12 with respect to yards apply.

SIGNS

18(1)Subject to subsection (2), the provisions of section 13 with respect to signs apply.

18(2)A sign, other than one authorized by subsection (1), is permitted only if approved by the Planning Committee and only on compliance with such terms and conditions as may be imposed by such committee.

19Regulation 76-169 under the Community Planning Act is repealed.

N.B. This Regulation is consolidated to March 31, 1998.

84-45 - Roosevelt Campobello International Park Designated Areas

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