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Town of New-Wes-Valley
Development Regulations
Prepared for:
August 2017
Project Number
123069.00
Prepared by:
The Town
of New-Wes-Valley
Urban and Rural Planning Act
Resolution to Adopt
Town of New-Wes-Valley
Development Regulations
2016
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town
Council of New-Wes-Valley adopts the New-Wes-Valley Development Regulations 2017.
Adopted by the Town Council of New-Wes-Valley on the
day of _____________,
2017.
Signed and sealed this ________day of _____________________, 2017.
Mayor:
___________________________________
Clerk:
___________________________________
Canadian Institute of Planners Certification
I certify that the attached Development Regulations have been prepared in accordance
with the requirements of the Urban and Rural Planning Act, 2000.
___________________________________
M. Bishop, F.C.I.P.
Urban and Rural Planning Act
Resolution to Approve
Town of New-Wes-Valley
Development Regulations
2016
Under the authority of section 16, section 17 and section 18 of the Urban and Rural
Planning Act, 2000, the Town Council of New-Wes-Valley
a)
adopted the New-Wes-Valley Development Regulations 2016 on the day
of
, 2017
b)
gave notice of the adoption of the New-Wes-Valley Development Regulations by
advertisement, inserted on the day and the ________ day of _______________,
2017 in the Gander Beacon.
c)
set the _______ day of _____________at 7:00 p.m. at the Town Hall, New-Wes-
Valley, for the holding of a public hearing to consider objections and submissions.
Now under the authority of section 23 of the Urban and Rural Planning Act, 2000, the
Town Council of New-Wes-Valley approves the New-Wes-Valley Development
Regulations as adopted.
SIGNED AND SEALED this _______ day of __________________, 2017.
Mayor:
___________________________________
Clerk:
___________________________________
New-Wes-Valley Development Regulations | Contents | i
Contents
1
Application ........................................................................................................................................... 1
Title ................................................................................................................................................ 1
Interpretation ................................................................................................................................. 1
Commencement ............................................................................................................................ 1
Municipal Code and Regulations .................................................................................................. 1
Authority ........................................................................................................................................ 1
Delegation of Authority .................................................................................................................. 1
Provincial Development Regulations ............................................................................................ 1
2
Definitions ............................................................................................................................................ 2
3
General Regulations ......................................................................................................................... 11
Permit to Develop Required ........................................................................................................ 11
Decisions of Council .................................................................................................................... 11
Permit to be Issued ..................................................................................................................... 11
Permit Not to be Issued in Certain Cases ................................................................................... 11
Discretionary Powers .................................................................................................................. 11
The Application............................................................................................................................ 12
Register of Application ................................................................................................................ 12
Deferment of Application ............................................................................................................. 12
Approval in Principle ................................................................................................................... 12
Approval ...................................................................................................................................... 13
Development Permit .................................................................................................................... 13
Revoke Permit ............................................................................................................................. 13
Public Notice ............................................................................................................................... 13
Licenses, Permits and Compliance with Other Bylaws ............................................................... 14
Right of Entry............................................................................................................................... 14
Stop Work Order and Prosecution .............................................................................................. 14
Service Levy ................................................................................................................................ 14
Financial Guarantees by Developer ............................................................................................ 15
Dedication of Land for Public Use ............................................................................................... 15
Reinstatement of Land ................................................................................................................ 15
Notice of Right to Appeal ............................................................................................................ 15
Appeal Requirements .................................................................................................................. 15
Appeal Registration ..................................................................................................................... 16
Development Prohibited .............................................................................................................. 16
Hearing Notice and Meetings ...................................................................................................... 16
Hearing of Evidence .................................................................................................................... 17
ii |
Board Decision ............................................................................................................................ 17
Variances .................................................................................................................................... 17
Notice of Variance ....................................................................................................................... 17
Residential Non Conformity ........................................................................................................ 17
Notice and Hearings on Change of Use ..................................................................................... 17
Non-Conformance with Standards .............................................................................................. 18
Discontinuance of Non-Conforming Use ..................................................................................... 18
Delegation of powers .................................................................................................................. 18
4
General Development Standards .................................................................................................... 19
Access and Service Streets ........................................................................................................ 19
Accessory Buildings .................................................................................................................... 19
Accessory Uses Permitted .......................................................................................................... 19
Advertisements............................................................................................................................ 19
Alterations to the Natural Environment ....................................................................................... 19
Archaeological Assessment ........................................................................................................ 19
Backlot Development .................................................................................................................. 20
Bed and Breakfast Establishments ............................................................................................. 20
Buffer Strips................................................................................................................................. 20
Building Height ............................................................................................................................ 21
Building Line and Setback ........................................................................................................... 21
Fishing and Marine Uses ............................................................................................................ 21
Groundwater Protection .............................................................................................................. 21
Home Childcare........................................................................................................................... 21
Home Occupation ....................................................................................................................... 21
Home Occupation Uses in Accessory Buildings ......................................................................... 22
Landscaping and Screening ........................................................................................................ 22
Lot Area ....................................................................................................................................... 23
Lot Area and Size Exceptions ..................................................................................................... 23
Lot Frontage ................................................................................................................................ 23
Mineral Exploration ..................................................................................................................... 23
Municipal Public Works, Utilities and Telecommunications ........................................................ 23
Non-Conforming Uses ................................................................................................................. 23
Offensive and Dangerous Uses .................................................................................................. 24
Parks, Playgrounds and Conservation Uses .............................................................................. 24
Protection of Community Trails and Footpaths ........................................................................... 24
Side Yards ................................................................................................................................... 24
Slopes Greater than 15% ............................................................................................................ 24
Soils and Drainage ...................................................................................................................... 24
Soil Removal, Deposit and Site Grading ..................................................................................... 24
Watercourse Protection ............................................................................................................... 25
Water Pressures/Fire Flows ........................................................................................................ 25
Wetland Stewardship Zone ......................................................................................................... 25
New-Wes-Valley Development Regulations | Contents | iii
5
Off-Street Parking and Loading ....................................................................................................... 26
Parking Required ........................................................................................................................ 26
Parking Spaces ........................................................................................................................... 26
Parking Area Design Standards .................................................................................................. 26
Off-Street Loading Requirements ............................................................................................... 26
6
Signs ................................................................................................................................................... 28
Permit Required .......................................................................................................................... 28
Provincial Highway Sign Regulations ......................................................................................... 28
Form of Application ..................................................................................................................... 28
Signs Prohibited in Street Reservation ....................................................................................... 28
Permit Valid for Limited Period .................................................................................................... 28
Removal of Signs ........................................................................................................................ 28
Signs Exempt from Control ......................................................................................................... 28
Approval Subject to Conditions ................................................................................................... 29
Non-Conforming Uses ................................................................................................................. 29
General Standards for Signs ....................................................................................................... 29
7
Subdivision of Land .......................................................................................................................... 30
Permit Required .......................................................................................................................... 30
Development Agreement ............................................................................................................ 30
Services to be Provided .............................................................................................................. 30
Payment of Service Levies and Other Charges .......................................................................... 30
Issue of Permit Subject to Considerations .................................................................................. 30
Proposals for Subdivision of Land .............................................................................................. 31
Form of Application ..................................................................................................................... 31
Subdivision Subject to Zoning ..................................................................................................... 31
Building Lines .............................................................................................................................. 31
Land for Public Open Space ....................................................................................................... 31
Structure in Street Reservation ................................................................................................... 32
Subdivision Design Standards .................................................................................................... 32
Cul de Sacs ................................................................................................................................. 33
Engineer to Design Works and Certify Construction Layout ....................................................... 33
Street Works May Be Deferred ................................................................................................... 34
Transfer of Streets and Utilities to the Town ............................................................................... 34
Restriction on Sale of Lots .......................................................................................................... 34
8
Use Zone Tables ................................................................................................................................ 35
Use Zones ................................................................................................................................... 35
Interpretation of Use Zones ......................................................................................................... 35
Permitted Uses ............................................................................................................................ 35
Discretionary Uses ...................................................................................................................... 35
Prohibited Uses ........................................................................................................................... 36
iv |
Mixed Development (MD) ........................................................................................................... 37
Heritage (H) ................................................................................................................................. 39
Residential (RES) ........................................................................................................................ 41
Seasonal Residential (SR) .......................................................................................................... 43
Rural (RU) ................................................................................................................................... 44
Open Space (OS) ........................................................................................................................ 47
Watershed (W) ............................................................................................................................ 48
Appendices
Appendix A
Land Use Zoning Map
Appendix B
Provincial Development Regulations
Appendix C
Classification Guide to Land Uses and Buildings
1
Application
New-Wes-Valley Development Regulations | Application | 1
1
Application
Title
These Regulations may be cited as the Town of New-Wes-Valley Development Regulations.
Interpretation
1. Words and phrases used in these Regulations shall have the meanings ascribed to them in
Section 2 of these Regulations.
2. Words and phrases not defined in these Regulations shall have the meanings which are
commonly assigned to them in the context in which they are used in the Regulations.
Commencement
These Regulations come into effect through the New-Wes-Valley Municipal Planning Area,
hereinafter referred to as the Planning Area, on the date of publication of a notice to that effect
in the Newfoundland and Labrador Gazette.
Municipal Code and Regulations
The National Building Code of Canada, Fire Code of Canada and any other ancillary code and
any Building Regulations, Waste Disposal Regulation and/or any other municipal regulations
regulating or controlling the development, conservation and use of land in force in the Town of
New-Wes-valley shall, under these Regulations apply to the entire Planning Area.
Authority
In these Regulations, "Authority" means the Council of the Town of New-Wes-Valley.
Delegation of Authority
Where the term Council is referenced in these Regulations, Council may, by resolution,
delegate its Authority to administer these Regulations or part thereof to an employee of Council
or an agent of Council, by a resolution..
Provincial Development Regulations
Appropriate sections of the Urban and Rural Planning Act, 2000 and the full text of the
Provincial Development Regulations have been incorporated into the New-Wes-Valley
Development Regulations and are marked as follows:
Where there is a conflict between these regulations and the Provincial Regulations, the
Provincial Regulations shall apply. A complete copy of the Provincial Development Regulations
is attached in Appendix B.
Provincial
Reg. X
Urban and Rural
Planning
Reg. X
2
Definitions
2 |
Provincial
Reg. 4(b)
2
Definitions
Access means a way used or intended to be used by vehicles, pedestrians or animals in order to
go from a street to adjacent or nearby land or to go from that land to the street.
Accessory Building includes
i) a detached subordinate building not used as a
dwelling, located on the same lot as the main building
to which it is an accessory and has a use that is
customarily incidental or complementary to the main
use of the building or land,
ii) for residential uses, domestic garages, carports,
ramps, sheds, swimming pools, greenhouses, cold
frames, fuel sheds, vegetable storage cellars, shelters
for domestic pets or radio and television antennae,
iii) for commercial uses, workshops or garages, and
iv) for industrial uses, garages, offices, raised ramps and docks.
Accessory Use means a use that is subsidiary to a permitted or discretionary use and that is
customarily expected to occur with the permitted or discretionary use.
Act, unless the context indicate otherwise, means the Urban and Rural Planning Act, 2000.
Agriculture means horticulture, fruit, grain or seed growing, dairy farming, the breeding or rearing
of livestock, including any creature kept for the production of food, wool, skins, or fur, or for the
purpose of its use in the farming of land, the use of land as grazing land, meadow land, market
gardens and nursery grounds and the use of land for woodlands where that use is ancillary to the
farming of land for any other purpose.
Appeal Board means the appropriate Appeal Board established under the Act.
Applicant means a person who has applied to an authority for an approval or permit to carry out a
development.
Architectural Style means the classification of buildings according to their appearance, structure,
materials and historic period.
Assisted Living Complex means a residential building designed for people seeking assisted
home care by the content and layout of the dwelling units (varying in size, number of bedrooms,
shared kitchens), provisions for common dining facilities, recreation areas, lounges, libraries,
Provincial
Reg. 4(a)
Provincial
Reg. 4(c)
Provincial
Reg. 2(a)
Provincial
Reg. 2(b)
accessory building
main building
New-Wes-Valley Development Regulations | Definitions | 3
Urban and Rural
Planning
Reg. 2 (c)
respite units, and the accessibility of all units and facilities to the physically challenged. Provision of
services such as day-care for seniors, housekeeping, personal care, meal programs,
physiotherapy, activity programs, outdoor recreation areas, and open space areas may also be
provided. The use includes personal care home but does not include a hospital.
Bed and Breakfast Establishment means a single dwelling unit in which the resident supplies,
for compensation, bedrooms for the temporary accommodation of travelers.
Building means
i) a structure, erection, alteration or improvement placed on, over or under land or attached,
anchored or moored to land,
ii) mobile structures, vehicles and marine vessels adapted or constructed for residential,
commercial, industrial and other similar uses,
iii) a part of and fixtures on buildings referred to in subparagraphs (i) and (ii), and
iv) an excavation of land whether or not that excavation is associated with the intended or
actual construction of a building or thing referred to in subparagraphs (i) to (iii).
Building Height means the vertical distance, measured in meters from the established grade to
the
i) highest point of the roof surface of a flat roof,
ii) deck line of a mansard roof, and
iii) mean height level between the eave and the ridge of a gable, hip or gambrel roof,
and in any case, a building height shall not include mechanical structure, smokestacks, steeples
and purely ornamental structures above the roof.
Building Line means a line established by an authority that runs parallel to a street line and is set
at the closest point to a street that a building may be placed.
Convenience Store means a building used as a store that serves the primary needs of the
adjacent neighbourhood and includes the sale of magazine, confectionary and grocery items, rental
Provincial
Reg. 4(d)
flat roof
mansard roof
gable roof
building
height
Provincial
Reg. 4(e)
4 |
Urban and Rural
Planning
Reg. 2 (g)
of video movies and a delicatessen or snack bar provided that any eating facility is within a wholly
enclosed building.
Daycare Centre or Day Nursery means a building or part of a building in which services and
activities are regularly provided to children of pre-school age during the full daytime period as
defined under the Childcare Services Act, but does not include a school as defined by the Schools
Act.
Development means the carrying out of building, engineering, mining or other operations in, on,
over or under land, or the making of a material change in the use, or the intensity of use of land,
buildings, or premises and the
i) making of an access onto a highway, road or way,
ii) erection of an advertisement or sign,
iii) construction of a building,
iv) parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an
office, or for living accommodation,
and excludes the
v) 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,
vi) carrying out by a highway authority of works required for the maintenance or improvement of
a road, being works carried out on land within the boundaries of the road reservation,
vii) carrying out by a local authority or statutory undertakers of works for the purpose of
inspecting, repairing or renewing sewers, mains, pipes, cables or other apparatus, including
the breaking open of street or other land for that purpose, and
viii) use of a building or land within the courtyard of a dwelling house for a purpose incidental to
the enjoyment of the dwelling house as a dwelling.
Discretionary Use means a use that is listed within the discretionary use classes established in
the use zone tables of an authority's development regulations.
Dwelling, Single Detached Unit means a self-contained unit consisting of one or more
habitable rooms used or designed as the living quarters for one household.
Dwelling, Double Unit (or Duplex) means a building containing two dwelling units, placed one
above the other, or side by side, but does not include a self-contained dwelling containing a
subsidiary apartment.
Dwelling, Townhouse means three or more dwelling units, each with a separate entrance,
constructed side by side and separated by common vertical walls.
Provincial
Reg. 4(f)
New-Wes-Valley Development Regulations | Definitions | 5
Urban and Rural
Planning
Reg. 2 (i)
Dwelling, Apartment Building means a building containing three or more dwelling units, but
does not include a row dwelling.
Erect means to build, construct, reconstruct, alter or relocate and without limiting the generality of
the foregoing, shall include any preliminary physical operation such as excavating, grading, piling,
cribbing, filling or draining, or structurally altering any
existing building or structure by an addition, deletion,
enlargement or extension.
Established Grade means
i) where used in reference to a building, the
average elevation of the finished surface of
the ground where it meets the exterior or the
front of that building, exclusive of any artificial
embankment or entrenchment, or
ii) where used in reference to a structure that is
not a building, the average elevation of the finished grade of the ground immediately
surrounding the structure, exclusive of an artificial embankment or entrenchment.
Existing means legally existing as of the effective date of these Regulations.
Floor Area means the total area of all floors in a building measured to the outside face of exterior
walls.
Frontage means the horizontal distance between side lot lines measured at the building line (the
distance between points A and B in the lot line illustration on the following page).
Home Child Care Service means a service where not more than six (6) children receive child
care in the home of the person providing the child care.
Home Occupation means an accessory use of a dwelling and/or accessory building for gainful
employment involving the provision or sale of goods and/or services.
Home Office means a secondary use of a dwelling for gainful employment involving the provision
or sale of goods and/or services.
Land includes land covered by water and buildings and structures on, over, under the soil and
fixtures that form part of those buildings and structures.
Provincial
Reg. 4(g)
Provincial
Reg. 4(h)
highest elevation
lowest elevation
established grade
Provincial
Reg. 4(i)
6 |
Provincial
Reg. 4(l)
Landscaping means any combination of trees, shrubs, flowers, grass or other horticultural
elements, decorative stonework, paving, screening or other architectural elements, all of which is
designed to enhance the visual amenity of a property or to provide a screen between properties in
order to mitigate objectionable features between them.
Light Industry means use of any land or buildings for any general industrial use that can be
carried out without hazard or intrusion and without detriment to the amenity of the surrounding area
by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash, dust, glare or appearance.
Loading Space means an area of land provided for use for the temporary parking of a
commercial motor vehicle where merchandise or materials are loaded or unloaded from the
vehicles.
Lot means a plot, tract or parcel of land which can be considered as a unit of land for a particular
use or building.
Lot Area means the total horizontal area within the lines of the lot.
Lot Coverage means the combined area of all building on a lot
measured at the level of the lowest floor above the established
grade and expressed as a percentage of the total area of the lot.
Lot coverage = Area of A + Area of B
Total lot area
Lot Line means an outer boundary for a specific lot.
Lot Line, Front means the line dividing a
lot from the street. For a corner lot, the
shorter lot line adjacent to the street shall be
deemed the front lot line and the longer lot
line abutting the street shall be deemed the
flanking lot line.
Lot Line, Rear means the lot line on the
opposite side of the front lot line.
Provincial
Reg. 4(j)
lot
line
A
B
Provincial
Reg. 4(k)
New-Wes-Valley Development Regulations | Definitions | 7
Lot Line, Side means the lot lines perpendicular to the front and rear lot lines.
Lot Line, Flanking means a lot line which abuts the street on a corner lot.
Marina means a dock or basin together with associated facilities where slips, moorings, supplies,
repairs, and other services that are typically available for boats and other watercraft, including
storage, sales and rentals, together with a club house and catering facilities.
Mineral Working means land or buildings used for the working or extraction of any naturally
occurring substance, including a pit or quarry.
Non-Conforming Use means a legally existing use that is not listed as a permitted or
discretionary use for the use zone in which it is located or which does not meet the development
standards for that use zone.
Nursing Home means a building where nursing care and room and board are provided to
individuals incapacitated in some manner for medical reasons and approved by ServiceNL and the
Department of Health and Community Services.
Office means a room used for the purpose of regularly conducting business, performing a service
or offering consultation, but shall not include manufacturing or the selling of retail goods.
Outdoor Storage means the storage of goods, inventory, materials or equipment or other items
which are not intended for immediate sale, by locating them outside.
Owner means a person or an organization of persons owning or having the legal right to use the
land under consideration.
Permitted Use means a use that is listed within the permitted use classes set out in the use zone
tables of an authority's development regulations.
Prohibited Use means a use that is not listed in a use zone within the permitted use classes or
discretionary use classes or a use that an authority specifies as not permitted within a use zone.
Public Use means any lands, structure or building which is constructed for use by the general
public, including but not limited to parks, playgrounds, trails, paths and other recreational and open
spaces, scenic and historic sites, publicly funded buildings such as schools, hospitals, libraries and
other public buildings and structures.
Provincial
Reg. 4(m)
Provincial
Reg. 4(n)
Provincial
Reg. 4(o)
Provincial
Reg. 4(p)
8 |
Recreational Use means the use of land for parks, playgrounds, athletic fields, golf courses,
picnic areas, swimming pools, day camps, walking trails, and similar uses.
Restaurant means a building or part thereof, designed or intended to be used or occupied for the
purpose of serving the general public with meals or refreshments for consumption on the premises.
Roof, Flat is a roof with little or no slope.
Roof, Gable is a two-sided, sloping roof with a single ridge and gables at either end.
Roof, Gambrel is a two sided, double sloping roof.
Roof, Hipped is a four sided rood having sloping ends and sloping sides.
Roof, Mansard is a two or four-sided, double sloped roof with a very steep lower slope and a flat
(or near flat) upper slope.
Screening means the method by which a view of one site
from another adjacent site is shielded, concealed or
hidden. The example on the right shows trees and fences
being used to screen a parking lot from public view.
Seasonal Residence means a dwelling which is designed or intended for
seasonal or recreational use, and is not intended for use as permanent living
quarters.
Service Station means any land or building used exclusively for the sale of petroleum products,
automotive parts and accessories, minor repairs, washing and polishing of motor vehicles.
Shop means a building or part thereof used for retail trade wherein the primary purpose is the
selling or offering for sale of goods, wares or merchandise by retail or the selling or offering for sale
screening
Flat
Gable
Gambrel
Hipped
Mansard
New-Wes-Valley Development Regulations | Definitions | 9
Urban and Rural
Planning
Reg. 2 (q)
Provincial
Reg. 4(w)
Provincial
Reg. 4(w)
of retail services but does not include an establishment wherein the primary purpose of the serving
of meals or refreshments, an amusement use, a general garage, or a service station.
Sign (or advertisement) means a word, letter, model, placard, board, device or representation,
whether illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as a
memorial, advertisements of local government, utilities and boarding or similar structures used for
the display of advertisements.
Sign Area means the area of the smallest rectangle, circle, or semi-circle that can enclose the
surface area of the sign. Where a sign has two faces or more, the maximum area is permitted for
each of the two faces.
Street means a street, road, highway or other
way designed for the passage of vehicles and
pedestrians and which is accessible by fire
department and other emergency vehicles.
Street Line means the edge of a street
reservation as defined by the authority having
jurisdiction.
Street Right-of-Way means a strip of land between the street lines, acquired by reservation,
dedication or forced dedication intended to be occupied or occupied by a public street, road or
highway.
Storey means the entire floor or level of a building having a continuous or nearly continuous floor.
Subdivision means the dividing of land, whether in single or joint ownership into 2 or more pieces
for the purpose of development.
Subsidiary Apartment means a separate dwelling unit constructed within and subsidiary to a
self-contained dwelling.
Use means a building or activity situated on a lot or a development permitted on a lot.
Use Zone or Zone means an area of land including buildings and water designated on the zoning
map to which the uses, standards and conditions of a particular use zone table apply.
Provincial
Reg. 4(t)
Provincial
Reg. 4(u)
street
street right-of-way
Provincial
Reg. 4(q)
10 |
Provincial
Reg. 4(r)
Provincial
Reg. 4(s)
Provincial
Reg. 4(y)
Provincial
Reg. 4(x)
Utility means any public or private system, works, plan, equipment or services which furnishes
services at approved rates to or for the use of the general public.
Variance means a departure, to a maximum of 10% from the yard, area, lot coverage, setback,
size, height, frontage or any other numeric requirement of the applicable Use Zone Table of the
authority's regulations.
Watercourse means any lake, pond, river, stream or other body of water.
Wetland means the land usually or at any time occupied by water, where the water table is at or is
just above the surface of the land either permanently or intermittently, depending upon the class of
the wetland which includes bogs, fens, marshes, swamps and shallow water zones along
shorelines of bodies of water.
Yard means an open uncovered space on
a lot belonging to a building (except a court)
and unoccupied by buildings or structures
except as specifically permitted elsewhere
in these Regulations.
Yard Depth, Rear means the distance
between the rear lot line and the rear wall of
the main building on a lot.
Yard Depth, Side means the distance
between the side lot line and the nearest
side wall of a building on the lot.
Yard, Front means the distance between
the front lot line of a lot and the front wall of
the main building on a lot.
Yard, Flanking means the side yard of a corner lot bounded by the street.
Yard, Abutting means the yard of an abutting lot which shares a lot line of subject property.
Zoning Map means the map or maps attached to and forming a part of the authority's regulations.
3
General Regulations
New-Wes-Valley Development Regulations | General Regulations | 11
3
General Regulations
Permit to Develop Required
No person shall carry out any development within the Planning Area, except where otherwise
provided in these Regulations, unless a permit for the development has been issued by the
Council.
Decisions of Council
Decisions made by Council with respect to a permit required by these Regulations shall be
made in writing, and state the reasons for a refusal of, or conditions attached to a permit.
Council shall also advise the person to whom the decision applies of their right to appeal, in
accordance with Section 42 of the Act and the requirements of Regulation 3.21 of these
Regulations.
Permit to be Issued
Subject to Regulations 3.4 and 3.5, a permit shall be issued for development within the
Planning Areas that conforms to:
a) the policies expressed in the Municipal Plan;
b) the general development standards and requirements set out in Sections 4 and 7 of these
Regulations, and the use classes, standards, and conditions prescribed in Sections 8 of
these Regulations for the use zone in which the proposed development is located;
c) the standards set out in the Building Code and/or other ancillary codes, and any Building
Regulations, Waste Disposal Regulations, and/or any other municipal regulation in force in
the Planning Area regulating or controlling development, conservation and use of land and
buildings;
d) the standards set out in Section 5 of these Regulations in the case of off-street parking and
loading;
e) the standards set out in Section 6 of these Regulations in the case of signs and
advertisement; and
f) the standards of design and appearance established by Council.
Permit Not to be Issued in Certain Cases
No permit or approval in principle shall be issued for development within the Planning Area
when, in the opinion of Council, it is premature by reason of the site lacking adequate road
access, power, drainage, sanitary facilities, or domestic water supply, or being beyond the
natural development of the area at the time of application unless the applicant contracts to pay
the full cost of construction of the services deemed necessary by Council.
Discretionary Powers
In considering an application for a permit or for approval in principle to carry out development,
Council shall take into account the policies expressed in the Municipal Plan and any further
scheme, plan or regulations pursuant thereto, and shall assess the general appearance of the
development of the area, the amenity of the surroundings, availability of utilities, public safety
12 |
and convenience, and any other considerations which are, in its opinion, material, and
notwithstanding the conformity of the application with the requirements of these Regulations,
Council may, in its discretion, and as a result of its consideration of the matters set out in this
Regulation, conditionally approve or refuse the application.
The Application
1. Applications for a Permit to Develop or an Approval in Principle shall be made only by the
owner, the owner's agent or person authorized by the owner to Council, on the application form
as may be prescribed by Council.
2. Every application shall include such plans, specifications and drawings as Council may require,
and be accompanied by the appropriate fee set out in a Schedule of Fees as established by
Council.
3. Council shall, on request, supply to every applicant a copy of the application forms referred to
in Regulation 3.6(1) and a description of the plans, specifications and drawings required to be
provided with the application.
Register of Application
Council shall keep a public register of all applications for development, and shall enter therein
Council's decision upon each application and the result of any appeal from that decision.
Deferment of Application
1. Council may, with the written agreement of the applicant, defer consideration of an application;
and
2. Applications properly submitted in accordance with these Regulations which have not been
determined by Council and on which a decision has not been communicated to the applicant
within eight weeks of the receipt thereof by Council, and on which consideration has not been
deferred in accordance with Regulation 3.8(1), shall be deemed to be refused.
Approval in Principle
1. An application for Approval in Principle shall include;
a) a description of the proposed development,
b) a description of the limits of the land to be used with the proposed development, and may
include a survey description of the subject lands,
c) submission of detailed plans,
d) any additional information that may be required by Council.
2. Council may issue an Approval in Principle if it determines the application conforms to the
Municipal Plan and these Regulations.
3. An Approval in Principle shall be valid for 2 years.
4. No development shall be carried out under an Approval in Principle.
5. Council may revoke an Approval in Principle if it determines the applicant has changed the
proposed development in a way that significantly alters the original intent of the applications.
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Approval
Approval for an application is granted by Council in the form of a Development Permit or
Building Permit for applications approved under these Regulations.
Development Permit
1. A plan or drawing which has been approved by Council and which bears a mark and/or
signature indicating such approval together with a permit shall be deemed to be permission to
develop. Such permission shall not relieve the applicant from:
a) full responsibility for obtaining permits or approvals under any other regulation or statute
prior to commencing the development;
b) having the work carried out in accordance with these Regulations or any other regulations
or statutes; and
c) compliance with all conditions attached to an approval or a permit.
2. Council may attach to a permit or to approval in principle such conditions as it deems fit in
order to ensure that the proposed development will be in accordance with the purpose and
intent of these Regulations.
3. Where Council deems necessary, permits may be issued on a temporary basis for a period not
exceeding two years, which may be extended in writing by Council for further periods.
4. A permit is valid for two years. If the development has not commenced, the permit 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 a permit for an advertisement, which may be renewed in
accordance with Section 6 of these Regulations.
5. The approval of any application and plans or drawings or the issue of a permit shall not prevent
Council from thereafter 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 the same
is in violation of this or any other regulations or statute.
6. No person shall erase, alter or modify any drawing or specifications upon which a permit to
develop has been issued by Council; and
7. There shall be kept available on the premises where any work, matter or thing is being done for
which a permit has been issued, a copy of the permit and any plans, drawings or specifications
on which the issue of the permit was based during the whole progress of the work, or the doing
of the matter or thing until completion.
Revoke Permit
Council may revoke an approval and any subsequent permits for failure by the applicant to
comply with these Regulations or any condition attached to the permit or where the permit was
issued in error or was issued contrary to the applicable regulations or was issued on the basis
of incorrect information.
Public Notice
1. Council shall provide public notice for a period of not less than:
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a) 7 days - when considering a variance in accordance with Regulation 3.29; and
b) 14 days - when considering a change in a non-conforming use in accordance with
Regulation 3.31; or development which is listed as a Discretionary use in any use zone in
Section 8 of these Regulations.
2. Council may require public notice of any development application where, in the opinion of
Council, such notice is required for information and public consultation purposes.
3. Council shall require the cost of the public notice or portion thereof be paid by the applicant and
that such notice shall be by public advertisement in a newspaper circulating in the area or by
any other means deemed necessary or appropriate by Council.
Licenses, Permits and Compliance with Other Bylaws
Nothing in these regulations shall exempt any person from complying with the requirements of
any By-Law in force within the Town of New-Wes-Valley, or from obtaining any license,
permission, permit, authority or approval required by any statute or regulation of the Province of
Newfoundland and Labrador or the Government of Canada.
Right of Entry
Council or other person or persons authorized by the municipality, may enter upon any public
or private land and may at all reasonable times enter any development or building for the
purpose of making surveys or examinations or obtaining information relative to the carrying out
of any development, construction, alteration, repair, or any other works whatsoever which the
Council is empowered to regulate.
Stop Work Order and Prosecution
1. Where a person begins a development contrary or apparently contrary to these Regulations,
Council may order that person to stop the development.
2. Council may further order a person to pull down, remove, stop construction, fill in or destroy
that building or development, and restore the site or area to its original state, pending final
adjudication in any prosecution arising out of the development; and
3. A person who does not comply with an order made under Regulation 3.16(1) is guilty of an
offence under the provisions of the Act.
Service Levy
1. Council may require a developer to pay a service levy where development is made possible or
where the density of potential development is increased or where the value of property is
enhanced in accordance with Section 149(2) of the Municipalities Act, SN, 1999.
2. A service levy shall not exceed the cost, including finance charges to Council of constructing or
improving the public works referred to in Regulation 3.17(1) that are necessary for the real
property to be developed in accordance with the standards required by Council and for uses
that are permitted on that real property;
3. A service levy shall be assessed on the real property based on:
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a) the amount of real property benefited by the public works related to all the real property so
benefited; and
b) the density of development made capable or increased by the public work.
4. Council may require a service levy be paid by the owner of the real property benefited and may
specify the time for payment. The amount of the service levy will be outlined in the Town's
Schedule of Rates and Fees.
Financial Guarantees by Developer
1. Council may require a developer before commencing a development to make such financial
provisions and/or enter into such agreements as may be required to guarantee the payment of
service levies, ensure site reinstatement, and to enforce the carrying out of any other condition
attached to a permit.
2. The financial provisions pursuant to Regulation 3.18(1) may be made in the form of:
a) a cash deposit from the developer, to be held by the Council; or,
b) a security or guarantee by a bank, or other institution acceptable to Council.
Dedication of Land for Public Use
Council may, for a development not involving a subdivision, require a portion of the land to be
developed to be conveyed to the Town for a public purpose where public works are required to
accommodate the proposed development.
Reinstatement of Land
Council may order a developer, the occupier of a site, the owner, or any of them to restore a
site to the satisfaction of Council where:
a) the use of land is discontinued;
b) the intensity of the use is decreased;
c) a Permit to Develop has been revoked; or
d) a Temporary Permit to Develop has expired.
Notice of Right to Appeal
Where an authority makes a decision that may be appealed under Section 42 of the Act, that
authority shall, in writing, at the time of making that decision, notify the person to whom the
decision applies of the:
a) person's right to appeal the decision to the board;
b) time by which an appeal is to be made;
c) right of other interested persons to appeal the decision; and
d) manner of making an appeal and the address for the filing of the appeal.
Appeal Requirements
1. The secretary of the board at the Department of Municipal Affairs, Main Floor, Confederation
Building (West Block), P.O. Box 8700, St. John's, Nfld., A1B 4J6 is the secretary to all boards
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in the province and an appeal filed with that secretary within the time period referred to in
subsection 42(4) of the Act shall be considered to have been filed with the appropriate board.
3. The fee required under section 44 of the Act shall be paid to the board that hears the decision
being appealed by filing it with the secretary referred to in subsection (1) or (2) within the 14
days referred to in subsection 42(4) of the Act.
4. The board that hears the decision being appealed shall, subject to subsection 44(3) of the Act,
retain the fee paid to the board.
5. Where an appeal of a decision and the required fee is not received by a board in accordance
with this section and Part VI of the Act, the right to appeal that decision shall be considered to
have been forfeited.
Appeal Registration
1. Upon receipt of an appeal and fee as required under the Act and these regulations, the
secretary of the board as referred to in subsections 3.22 (1) and (2), shall immediately register
the appeal.
2. Where an appeal has been registered the secretary of the board shall notify the appropriate
authority of the appeal and shall provide to the authority a copy of the appeal and the
documentation related to the appeal.
3. Where an authority has been notified of an appeal that authority shall forward to the
appropriate board a copy of the application being appealed, all correspondence, council
minutes, plans and other relevant information relating to the appeal including the names and
addresses of the applicant and other interested persons of whom the authority has knowledge.
4. Upon receipt of the information under subsection (3), the secretary of the board shall publish in
a newspaper circulated in the area of the appropriate authority, a notice that the appeal has
been registered.
5. A notice published under subsection (4) shall be published not fewer than 2 weeks before the
date upon which the appeal is to be heard by the board.
Development Prohibited
1. Immediately upon notice of the registration of an appeal the appropriate authority shall ensure
that any development upon the property that is the subject of the appeal ceases.
2. Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
3. Upon receipt of a notification of the registration of an appeal with respect to an order under
section 102 of the Act, an authority shall not carry out work related to the matter being
appealed.
Hearing Notice and Meetings
1. A board shall notify the appellant, applicant, authority and other persons affected by the subject
of an appeal of the date, time and place for the appeal not fewer than 7 days before the date
scheduled for the hearing of the appeal.
2. A board may meet as often as is necessary to conduct its work in an expeditious manner.
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Hearing of Evidence
1. A board shall meet at a place within the area under its jurisdiction and the appellant and other
persons notified under subsection 3.24 (1) or their representative may appear before the board
and make representations with respect to the matter being appealed.
2. A board shall hear an appeal in accordance with section 43 of the Act and these regulations.
3. A written report submitted under subsection 43(2) of the Act respecting a visit to and viewing of
a property shall be considered to have been provided in the same manner as evidence directly
provided at the hearing of the board.
4. In the conduct of an appeal hearing, the board is not bound by the rules of evidence.
Board Decision
A decision of the board must comply with the plan, scheme or development regulations that
apply to the matter that has been appealed to that board.
Variances
1. Where an approval or permit cannot be given by an authority because a proposed development
does not comply with development standards set out in development regulations, an authority
may, in its discretion, vary the applicable development standards to a maximum of 10% if, in
the authority's opinion, compliance with the development standards would prejudice the proper
development of the land, building or structure in question or would be contrary to public
interest.
2. An authority shall not allow a variance from development standards set out in development
regulations if that variance, when considered together with other variances made or to be made
with respect to the same land, building or structure, would have a cumulative effect that is
greater than a 10% variance even though the individual variances are separately no more than
10%.
3. An authority shall not permit a variance from development standards where the proposed
development would increase the non conformity of an existing development.
Notice of Variance
Where an authority is to consider a proposed variance, that authority shall give written notice of
the proposed variance from development standards to all persons whose land is in the
immediate vicinity of the land that is the subject of the variance.
Residential Non Conformity
A residential building or structure referred to in paragraph 108(3)(g) of the Act must, where
being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and development
regulations applicable to that building or structure.
Notice and Hearings on Change of Use
Where considering a non conforming building, structure or development under paragraph
108(3)(d) of the Act and before making a decision to vary an existing use of that non-
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conforming building, structure or development, an authority, at the applicant's expense, shall
publish a notice in a newspaper circulating in the area or by other means give public notice of
an application to vary the existing use of a non-conforming building, structure or development
and shall consider any representations or submissions received in response to that
advertisement.
Non-Conformance with Standards
Where a building, structure or development does not meet the development standards included
in development regulations, the building, structure or development shall not be expanded if the
expansion would increase the non-conformity and an expansion must comply with the
development standards applicable to that building, structure or development.
Discontinuance of Non-Conforming Use
An authority may make development regulations providing for a greater period of time than is
provided under subsection 108(2) of the Act with respect to the time by which a discontinued
non-conforming use may resume operation.
Delegation of powers
An authority shall, where designating employees to whom a power is to be delegated under
subsection 109(3) of the Act, make that designation in writing.
4
General Development
Standards
New-Wes-Valley Development Regulations | General Development Standards | 19
4
General Development Standards
Access and Service Streets
1. Access shall be located to the specification of Council so as to ensure the greatest possible
convenience and safety of the street system.
2. Council may prescribe the construction of service streets to reduce the number of accesses to
collector and arterial streets.
3. No vehicular access shall be closer than 10 metres to the street line of any street intersection.
Accessory Buildings
1. Should be located on the same lot as the main building(s) to which it is accessory;.
2. The siting of an accessory building on a lot shall, where possible, be located in a rear yard, or
in a sideyard where it does not project in front of the building line. However, accessory
buildings may be permitted in a front yard where topography is such that placement in a rear
yard is not possible.
3. No accessory building shall be developed so that it can be used as a room, flat or apartment.
Accessory Uses Permitted
Where these regulations provide for any land to be used, or building to be erected or used for a
purpose, the purpose shall include any accessory use. Such uses shall be clearly incidental
and complementary to the use of the main building.
Advertisements
Advertisements and signs shall not be erected or displayed except in accordance with Section
6 of these Regulations.
Alterations to the Natural Environment
Development proposals shall include plans for grading, ditching, and landscaping. Significant
alterations to the natural environment as part of a development (such as changing the drainage
pattern or removing vegetation) will be considered during the evaluation of development
proposals. Alterations which will adversely affect watercourses or adjacent property as a result
of alterations to watercourses, drainage or grading shall not be permitted. Topsoil or sods shall
not be removed except with the approval of Council.
Archaeological Assessment
Where archaeological resources are known to exist, or where they are likely to exist based on
location, proximity to registered archaeological sites or historical evidence, applications for
development will be forwarded to the Historic Resource Division, Department of Business,
Tourism, Culture and Rural Development for review and consideration under the Historic
Resources Act. Council or the Historic Resource Division may require an archaeological
assessment. This assessment must be reviewed by the Historic Resource Division. The
Council may apply conditions for the protection and preservation of any archaeological
resources.
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Backlot Development
Notwithstanding Regulation 4.20 of these Regulations, the following standards and conditions
shall apply to the development of flag lots, or backlots:
a) All backlots shall have a permanent and direct access to a publicly maintained street which
is included in the Town's Limit of Servicing Agreement;
b) No more than one dwelling shall be permitted to share an access and driveway;
c) Future development:
i) The development of the lot would not prevent the use of adjoining lands for future
development. Where there is potential for additional development in the area, the lot
and access shall be developed in a manner which will accommodate future
development. As such, the access to the public street to which the owner much have
clear title, shall be a minimum width of 12.2 metres to accommodate future public use;
ii) Where there is no potential for future development, the access to the public street shall
be a minimum of 5 metres in width and shall be treated as a private driveway;
iii) Where an access is proposed to be shared, the Authority will require a signed
agreement to be in place among those sharing the access prior to any approval;
d) Only single dwellings shall be permitted to develop on backlots;
e) The access to the Public Street is ditched on both sides to provide drainage to the public
street to which it has access;
f) Council shall refer all applications for the development of backlots to the Municipal Fire
Department for confirmation that adequate fire protection can be delivered to the site of any
proposed single dwelling before a development permit is approved;
g) The dwelling is separated from, and oriented, in a manner that does not adversely affect the
privacy and enjoyment of adjoining properties. Separation distances may be required by the
Authority as a condition for development.
Bed and Breakfast Establishments
A "bed and breakfast" establishment in a single residential dwelling and where permitted shall
be subject to the following conditions:
a) the nature and scale of the proposed use is consistent with the adjoining development and
the use does not detract from the residential character of the neighbourhood;
b) a single, non-illuminated, free-standing sign, not exceeding 0.4 m2 in area, shall be
permitted, provided that the design of the sign is consistent with the residential character
and amenity of the area;
c) that the use is approved and licensed under the Tourist Establishment Regulations, 1996,
administered by the Provincial Department of Tourism, Culture and Recreation.
Buffer Strips
Where development is proposed that, in the opinion of Council, will have a visual impact on a
highway, viewscape or abutting land use, Council may require the owner of the site to provide a
separation buffer to screen the development. The buffer shall include provision of such natural
New-Wes-Valley Development Regulations | General Development Standards | 21
or structural barrier as may be required by Council and shall be maintained by the owner or
occupier to the satisfaction of the Council.
Building Height
1. Council may permit the erection of buildings of a height greater than that specified in the Use
Zone Tables found in Regulations 8.5-8.11, but in such cases the building line setback and rear
yard requirements shall be varied as follows:
a) the building line setback shall be increased by 2 metres for every 1 metre increase in
height;
b) the rear yard shall not be less than the minimum building line setback calculated as
described in 4.9(1) above plus 6 metres.
2. Height requirements may be waived in the case of communication towers and antennae,
flagpoles. Where an increase of more than 20% in the permitted height of the structure is
proposed it shall only be authorized under the provisions of Regulation 3.28 and 3.13.
Building Line and Setback
Council, by resolution, may establish building lines on an existing or proposed street or service
street and may require any new buildings to be located on those building lines, whether or not
such building lines conform to the standards set out in the Use Zone Tables in Regulations 8.5
to 8.11.
Fishing and Marine Uses
Fishing and marine uses may be permitted provided they are located adjacent to the shoreline
of Valleyfield Harbour, Wesleyville Harbour and other harbours in the Town at the discretion of
Council. An associated building shall not exceed 80m2 not have a height more than 7m.
Groundwater Protection
Development in areas not serviced by the municipal water and sewer system will be required to
assess groundwater quantity and quality in accordance with the Provincial Department of
Environment and Conservation Groundwater Supply Assessment and Reporting Guidelines for
Subdivisions Services by Individual Private Wells, 2009.
Home Childcare
Childcare as a home occupation shall conform to the requirements of the Child Care Services
Act and Regulations. Where required, a license to operate shall be obtained from the
Department of Health and Community Services.
Home Occupation
The following conditions shall apply to the use of a dwelling for a home occupation:
a) the residence is occupied by the operator of the home occupation;
b) the use is clearly subsidiary to the residential use, does not alter the residential character of
the property, and does not detract from the residential character of the neighbourhood. The
external appearance of the dwelling shall not be changed by the home occupation;
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c) there are no more than two assistant employees employed on site in addition to a resident
of the dwelling;
d) not more than 25 percent of the total floor area of the dwelling to a maximum of 45 m2 is
devoted to the home occupation;
e) one off-street parking space, other than that required for the dwelling, is provided for every
22.5 m2 of floor space occupied by the home occupation;
f) no wholesale, outdoor storage of goods or equipment is carried out, any retail sales are
incidental and subsidiary to the approved use;
g) a single, non-illuminated, free-standing sign, not exceeding 0.4m2 (4ft2) in area, shall be
permitted;
h) no change shall be made in the type, class or extent of the occupation without a permit;
i) the use shall not generate traffic, parking, sewage or water use in excess of what is normal
in the residential area;
j) no regular parking of commercial vehicles or trailers except for one vehicle with a gross
weight of no greater than one tonne will be permitted;
k) the residential lot has sufficient area to accommodate the parking requirement of the
dwelling unit and the home occupation.
Home Occupation Uses in Accessory Buildings
In addition to the requirements set out in Regulation 4.15, a home occupation where permitted
in a residential accessory building shall:
a) be located on the same lot as the residential use;
b) the business shall be owned and operated by the occupants of the dwelling;
c) no repairs to vehicles or heavy equipment are carried out;
d) activities associated with the use are carried on inside the accessory building, are not
hazardous and do not cause a noticeable increase in noise, odour, dust or fumes, nor
cause electrical interference, or in any other way result in a nuisance to the occupants of
surrounding residences.
Landscaping and Screening
1. All land except that used for customer parking and vehicle access shall be landscaped and
maintained by the owner or occupier to the satisfaction of Council.
2. Council may, in the case of existing unsightly development, order the owner or occupier to
provide adequate and suitable landscaping or screening; and for this purpose may require the
submission of an application giving details of the landscaping or screening, and these
Regulations shall then apply to that application. The provision of adequate and suitable
landscaping or screening may be made a condition of any development permit where, in the
opinion of Council, the landscaping or screening is desirable to preserve amenity or to protect
the environment.
New-Wes-Valley Development Regulations | General Development Standards | 23
Lot Area
1. No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof or
otherwise, so that any building or structure on such lot shall have a lot coverage that exceeds,
or a front yard, rear yard, side yard, frontage or lot area that is less than that permitted by these
Regulations for the zone in which such lot is located.
2. Where any part of a lot is required by these Regulations to be reserved as a yard, it shall
continue to be so used regardless of any change in the ownership of the lot or any part thereof,
and shall not be deemed to form part of an adjacent lot for the purpose of computing the area
thereof available for building purposes.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots already exist in
any residential zone, with insufficient frontage or area to permit the owner or purchaser of such
a lot or lots to comply with the provisions of these Regulations, then these Regulations shall not
prevent the issuing of a permit by Council for the erection of a dwelling thereon, provided that
the lot coverage and height are not greater than, and the yards and floor area are not less than
the standards set out in these regulations.
Lot Frontage
Except for accessory buildings, no new buildings shall be erected unless the lot on which it is
situated fronts directly onto a street which has been constructed to standards established by
Council.
Mineral Exploration
Mineral exploration activities shall meet the following conditions:
a) all permits and approvals from federal and provincial agencies including the Department of
Natural Resources have been obtained;
b) the area affected by the exploration activities which require trenching and/or creation of
cutlines through wooded areas, or other forms of ground disturbance is rehabilitated in
accordance with a Mineral Exploration Permit from the Department of Natural Resources.
Municipal Public Works, Utilities and Telecommunications
The Council may within any zone permit land to be used in conjunction with the provision of
public service, utilities and telecommunications.
Non-Conforming Uses
Applications involving non-conforming uses shall be processed in accordance with Section 108
of the Urban and Rural Planning Act and Regulations 3.31-3.33 of these Regulations. If a non-
conforming uses ceases to exist for a period of more than twelve months, new uses for the
property and any buildings must conform to the requirements of the land use zone in which it is
located.
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Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by causing or
promoting fires or other hazards or which may emit noxious, offensive or dangerous fumes,
smoke, gases, radiation, smells, ash, dust or grit, excessive noise or vibration, or create any
nuisance that has an unpleasant effect on the senses unless its use is authorized by Council
and any other authority having jurisdiction.
Parks, Playgrounds and Conservation Uses
Nothing in these Regulations shall prevent the designation of conservation areas or the
establishment of parks and playgrounds in any zone provided that such parks and playgrounds
are not located in areas which may be hazardous to their use and are not operated for
commercial purposes.
Protection of Community Trails and Footpaths
Proposed development or the use of public right of way for access to private property, shall not
be permitted where it would block or prevent the use of traditional footpaths, whether on private
or public property by pedestrians. New development may be required to provide a separation
buffer between a proposed development and existing trail, pathway or public right of way.
Side Yards
Side yards shall be kept clear of obstruction and shall be provided on the exposed sides of
every building in order to provide access for the maintenance of that building.
Slopes Greater than 15%
Before approving development of a site having a slope greater than 15%, the Council shall
require submission of a review of the development proposal by a certified engineer, landscape
architect, or similar professional. The review shall evaluate the adequacy of site grading,
drainage, and landscaping in relation to storm drainage, erosion onto and flooding of adjacent
development, roads, lands and waterbodies receiving run-off from the site, and any other
matter that Council deems necessary.
Soils and Drainage
Development shall only be permitted on lands having soil and drainage conditions that are
suitable to permit the proper siting and development of the proposed uses.
Soil Removal, Deposit and Site Grading
1. Removal or placement of soil or other material, or alteration to the natural grade or drainage of
a property which adversely affects a watercourse or adjacent property shall not be permitted.
2. Alteration of hillsides with slopes greater than 30% through the deposition of fill or by
excavation, whether for the purposes of creating land suitable for development or not,
regardless of land use zone, shall be prohibited.
New-Wes-Valley Development Regulations | General Development Standards | 25
3. Where not part of an approved development, any land disturbance involving the removal,
deposition or grading on a property affecting more than 25 square meters in area shall require
application, review and approval by the Town and show the full extent of disturbance that is
intended. Council may require a developer to assess geotechnical aspects, visual and
environmental impacts, as well as impacts on adjoining properties; and
4. Where alterations to the landscape are approved, financial guarantees may be required to
ensure adequate site rehabilitation and/or landscaping.
Watercourse Protection
1. Except where a dock or wharf or other use that requires a waterside location, no development
shall be permitted within 15 metres of the high water mark of a body of water or wetland.
Council may require larger buffer areas around watercourses where identified flood plains,
steep slopes or unstable soil conditions (for example) could result in damage to watercourses
and wildlife habitat as a result of development. For the purposes of assessing applications in
areas known to be at risk of flooding, the high water mark is considered to be the 1:100 year
flood level.
2. Development that proposes alteration to a body of water, such as installation of a culvert shall
only be permitted with approval from the Department of Environment and Conservation and, if
fish habitat is affected, from Fisheries and Oceans, Canada.
3. Council shall require that water crossings, bridges, culverts, stream diversions and stormwater
management devices are planned, designed and constructed so as to ensure that fish habitat
and passage is preserved, protected, and where possible, enhanced.
4. Filling in or alterations of wetlands for residential purposes shall not be permitted.
Water Pressures/Fire Flows
Development may be refused where water pressures and fire flows cannot be guaranteed.
Wetland Stewardship Zone
Applications for development located within the Business Pond and Queen's Meade Management Units
identified in the Municipal Wetland Stewardship Agreement, January, 2017, shall be reviewed by
Council to ensure that sensitive waterfowl habitats are preserved and protected in accordance with the
agreement and policies of the Municipal Plan. Council shall refer development proposals within sensitive
wetland habitat to the Wildlife Division, Department of Fisheries and Land Resources, for review and
comment. Council may use mitigating measures to reduce any habitat degradation that may result from
development within the Zone.
5
Off-Street Parking and Loading
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5
Off-Street Parking and Loading
Parking Required
For every building, structure or use to be erected, enlarged or established, there shall be
provided and maintained a quantity of off-street parking spaces sufficient to ensure that the
flow of traffic on adjacent streets is not impeded by the parking of vehicles associated with that
building, structure or use.
Parking Spaces
The number of parking spaces to be provided for any building, structure, use or occupancy
shall conform to the standards set out in table below. Parking requirements for uses not
specifically listed below shall be determined by Council.
Residential Land Uses
Parking Requirement
Single detached, double dwelling, row dwelling
1 space per unit
Apartment dwelling
1 space per unit
Tourism Accommodation
1 space per guest room
Home Based Occupation
1 space in addition to that
required by the residential use
Residential Care
2 spaces + 0.5 spaces per
resident
The number of parking spaces required for commercial, industrial, general and public uses
shall be determined at the discretion of Council.
Parking Area Design Standards
Parking areas or parking lots associated with a development requiring more than four parking
spaces will meet the following standards:
a) no part of any off-street parking area shall be closer than 1.5 metres to the front lot line in
any zone;
b) parking standards to accommodate persons with disabilities shall meet the requirement of
the Buildings Accessibility Act and Regulations; and
c) parking areas shall, except in the case of single or attached residential dwellings, be
arranged so that it is not necessary for any vehicle to reverse onto or from a street.
Off-Street Loading Requirements
1. For every building, structure or use to be erected, enlarged or established requiring the
shipping, loading or unloading of goods, wares or merchandise, there shall be provided and
maintained for the premises, loading facilities on land that is not part of a street comprised of
one or more loading spaces, 15 metres long, 4 metres wide and having a vertical clearance of
New-Wes-Valley Development Regulations | Off-Street Parking and Loading | 27
at least 4 metres with direct access to a street or with access by a driveway of a minimum width
of 6 metres to a street.
2. The number of loading spaces to be provided shall be determined by Council.
3. The loading facilities required by this Regulation shall be arranged so that vehicles can move
clear of any street and so that it is not necessary for any vehicle to reverse onto or from a
street.
6
Signs
28 |
6
Signs
Permit Required
Subject to provisions of Regulation 6.7, no sign shall be erected or displayed in the Planning
Area unless a permit for the sign is first obtained from Council.
Provincial Highway Sign Regulations
All signs or advertisements to be erected within the boundaries of the Town of New-Wes-Valley
must be approved in accordance with these Regulations. Where provisions of the Town of
New-Wes-Valley Development Regulations are inconsistent with the regulations respecting
advertising signs on or near public highways made or administered by provincial departments
under the Provincial Highway Sign Regulations, the more restrictive regulations apply.
Form of Application
Application for a permit to erect or display a sign shall be made to Council in accordance with
Regulation 3.1.
Signs Prohibited in Street Reservation
Unless otherwise permitted by these or other regulations (Highway Sign Regulations, Provincial
Highway signs for example) no sign shall be permitted to be erected or displayed within, on or
over any highway or street reservation.
Permit Valid for Limited Period
A permit granted under these Regulations for the erection or display of a sign shall be for a
period not exceeding two years, but may be renewed at the discretion of Council for similar
periods.
Removal of Signs
Notwithstanding the provisions of these Regulations, Council may require the removal of any
sign which, in its opinion, is:
a) hazardous to road traffic by reason of its siting, colour, illumination, or structural condition,
or;
b) detrimental to the amenities of the surrounding area.
Signs Exempt from Control
The following signs may be erected or displayed in the Planning Area without application to the
Council:
a) on a dwelling or within the courtyard of a dwelling, one nameplate not exceeding 0.2 m2 in
area;
b) on an agricultural holding or farm, a notice board not exceeding 1 m2 in area and relating to
the operations being conducted on the land;
c) on any site occupied by a church, school, library, art gallery, museum, institution or
cemetery, one notice board not exceeding 1 m2 in area;
New-Wes-Valley Development Regulations | Signs | 29
d) the name of the building or the name of the occupants of the building, located on the
principal façade of any commercial, industrial or public building, in letters not exceeding
10% of the building height or 3m, whichever is the lesser;
e) on any parking lot, directional signs and one sign not exceeding 1m2 in size, identifying the
parking lot;
f) real estate sales, leasing or open house signs up to a maximum area of 1m2;
g) signs placed by candidates at municipal, provincial or federal elections;
h) signs for temporary local events such as festivals, from one month before the event and to
be removed within one week of its conclusion;
i) temporary signs on construction sites warning of danger and or outlining the nature of the
development up to a maximum area of 7.5m2.
Approval Subject to Conditions
A permit may only be issued for the erection or display of signs which comply with the
appropriate conditions and specifications set out in the following regulations and the Use Zones
in Section 8 of these Regulations.
Non-Conforming Uses
Signs associated with non-conforming uses will be subject to the conditions and standards for
signs in the use zone in which the non-conforming use us located.
General Standards for Signs
1. All signs must be located on the property where the person/activity/business being advertised
is located unless otherwise permitted in these Regulations.
2. Signs in all zones must be maintained in good condition (e.g. no peeling paint, rotting wood,
etc.) and not present a safety hazard in terms of structural stability.
3. No sign shall obstruct a means of ingress/egress from a door, window or fire escape.
4. Signs shall be professionally prepared and comply with standards as may be prescribed by
Council.
5. The maximum number of signs a home occupation use may have is 1 sign.
6. All double faced signs shall count as a single sign.
7. Off-site directional signs shall only be permitted where they are part of a sign kiosk constructed
and managed by the Town.
7
Subdivision of Land
30 |
7
Subdivision of Land
Permit Required
No land in the Planning Area shall be subdivided unless a permit for the development of the
subdivision is first obtained from Council, in accordance with Regulation 3.1.
Development Agreement
As a condition of approval for new developments, Council shall require a developer to enter
into an agreement with the Municipality. Such agreements will be negotiated between the
developer and the Municipality for financing and development of services provided to the site.
The agreement shall include specifications for water and sewer infrastructure, storm drainage,
streets, sidewalks, open space, as well as school bus stops and neighbourhood mailboxes,
where required.
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions satisfactory to
Council have been made in the application for a supply of drinking water, a properly designed
sewage disposal system and a properly designed storm drainage system.
Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has been
reached for the payment of all fees levied by Council for connection to services, utilities and
streets deemed necessary for the proper development of the subdivision and all service levies
and other charges imposed under Regulations 3.17 and 3.18.
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of Council, the development of a subdivision
does not contribute to the orderly growth of the municipality and does not demonstrate sound
design principles. In considering an application, Council shall, without limiting the generality of
the foregoing, consider:
a) the location of the land;
b) the availability of, and the demand created for, schools, services and utilities;
c) the provisions of the Plan and Regulations affecting the site;
d) the land use, physical form and character of adjacent developments;
e) the transportation network and traffic densities affecting the site;
f) the relationship of the project to existing or potential sources of nuisance;
g) soil and subsoil characteristics;
h) the topography of the site and its drainage;
i) natural features such as lakes, streams, topsoil, trees and shrubs;
j) prevailing winds;
k) visual quality;
l) community facilities;
m) energy conservation; and
New-Wes-Valley Development Regulations | Subdivision of Land | 31
n) other matters as may affect the proposed development.
Proposals for Subdivision of Land
Proposals for the subdivision of lands for residential, commercial and industrial development
shall be required to provide information on:
a) the physical features of the site, including development opportunities and constraints;
b) the layout of proposed lots and streets;
c) how the proposed subdivision relates to existing development and roads on adjacent lands,
and provide for future access to undeveloped lands in the area;
d) the compatibility between the subdivision and surrounding land uses, both existing and
future;
e) the volume and type of traffic that will be generated by the development;
f) proposed servicing, including water and sewer, storm water management, and utilities from
the main street;
g) in residential subdivisions, the locations of neighbourhood mail boxes; and
h) a landscaping plan which shows the location of dedicated open space and plantings.
Form of Application
Application for a permit to develop a subdivision shall be made to Council in accordance with
Regulation 3.6.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones delineated on
the Land Use Zoning Maps.
Building Lines
Council may establish building lines for any subdivision street and require any new building to
be located on such building lines.
Land for Public Open Space
1. Before a development commences, the developer shall, if required, dedicate to the Town (at no
cost to the Town) an area of land equivalent to not more than 10% of the gross area of the
subdivision for public open space, provided that:
a) where land is subdivided for any purpose other than residential use, Council shall
determine the percentage of land to be dedicated;
b) if, in the opinion of Council, no public open space is required, the land may be used for
such other public use as Council may determine;
c) the location and suitability of any land dedicated under the provisions of this Regulation
shall be subject to the approval of the Council, but in any case, Council shall not accept
land which, in its opinion, is incapable of development for any purpose;
32 |
d) Council may accept from the developer, in lieu of such area or areas of land, the payment
of a sum of money equal to the value of the land which would otherwise be required to be
dedicated;
e) money received by Council in accordance with Regulation 7.9(1d) shall be reserved by
Council for the purpose of the acquisition or development of land for public open space or
other public purpose.
2. Land dedicated for public use in accordance with this Regulation shall be conveyed to the
Town and may be sold or leased by Council for the purposes of any development that
conforms with the requirements of these Regulations, and the proceeds of any sale or other
disposition of land shall be applied against the cost of acquisition or development of any other
land for the purposes of public open space or other public purposes.
3. Council may require a strip of land to be reserved and remain undeveloped along the banks of
any river, brook or pond, and this land may, at the discretion of Council, constitute the
requirement of land for public use under Regulation 7.9(1).
Structure in Street Reservation
The placing within any street reservation of any structure or landscaping, for example, a hydro
pole, telegraph or telephone pole, fire hydrant, mail box, sign post or planting of street trees)
shall receive the prior approval of Council which shall be satisfied on the question of safe
construction and relationship to the adjoining buildings and other structures within the street
reservation.
Subdivision Design Standards
No permit shall be issued for the development of a subdivision unless the design of the
subdivision conforms to the following standards;
a) the finished grade of streets shall not exceed 10 percent.
b) new subdivisions shall have street connections with an existing street or streets.
c) all street intersections shall be constructed within 10° of a right angle and this alignment
shall be maintained for 30 metres from the intersection.
d) no street intersection shall be closer than 60 metres to any other street intersection.
e) no more than four streets shall join at any street intersection.
f) no residential street block shall be longer than 490 metres between street intersections.
g) streets in residential subdivisions shall be designed in accordance with the approved
standards of Council, but in the absence of such standards, shall conform to the following
minimum standards:
New-Wes-Valley Development Regulations | Subdivision of Land | 33
Collector Street
Street Right-of-Way:
20 metres
Street Width:
9 metres
Minimum Sidewalk Width:
1.5 metres
Number of Sidewalks:
2
Local Street
Street Right-of-Way:
15 metres
Street Width:
7 metres
Minimum Sidewalk Width:
1.5 metres
Number of Sidewalks:
1
h) residential lots shall not be permitted which abut a local street at both front and rear lot
lines.
i) Council may require any existing natural, historical or architectural feature or part thereof to
be retained when a subdivision is developed.
j) land shall not be subdivided in such a manner as to prejudice the development of adjoining
land.
Cul de Sacs
Cul de sacs will generally be discouraged. Where permitted the following design standards are
required:
a) a turning circle of a diameter not less than 25 m;
b) the maximum length of any cul de sac shall be:
i) 150 m (without emergency vehicle access)
ii) 250 m (with emergency access)
c) emergency vehicle access to a cul de sac shall be not less than 3 m wide and shall connect
the head of the cul de sac with an adjacent street.
Engineer to Design Works and Certify Construction Layout
1. Plans and specification for all water mains, hydrants, sanitary sewers, storm sewers and all
appurtenances thereto and all streets, paving, curbs, gutters and catch basins and all other
utilities deemed necessary by Council to service the area proposed to be developed or
subdivided shall be designed and prepared by or approved by the Engineer. Such designs and
specifications shall, upon approval by Council, be incorporated in the plan of subdivision.
34 |
2. Upon approval by Council of the proposed subdivision, the Engineer shall certify all work of
construction layout preliminary to the construction of the works and thereupon the developer
shall proceed to the construction and installation, at his or her own cost and in accordance with
the approved designs and specifications and the construction layout certified by the Engineer,
of all such water mains, hydrants, sanitary sewers and all appurtenances and of all such streets
and other works deemed necessary by Council to service the said area.
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks and paving
specified by Council as being necessary, may, at Council's discretion, be deferred until a later
stage of the work on the development of the subdivision but the developer shall deposit with
Council before approval of the application, an amount estimated by the Engineer as reasonably
sufficient to cover the cost of construction and installation of the works. Any amount so
deposited with Council by the developer shall be placed in a separate savings account in a
bank and all interest earned shall be credited to the developer.
Transfer of Streets and Utilities to the Town
1. Where required by the terms of a Subdivision Development Agreement, the developer shall,
following the approval of the subdivision of land by Council, transfer to the Town, at no cost to
the Town:
a) all lands in the area proposed to be developed or subdivided which are approved and
designated by Council for public uses as streets, or rights-of-way, or for other public use;
b) all services or public works including streets, water supply and distribution and sanitary and
storm drainage systems installed in the subdivision that are normally owned and operated
by Council.
2. Before Council shall accept the transfer of lands, services or public works of any subdivision,
the Engineer shall, at the cost to the developer, test the streets, services and public works
installed in the subdivision and certify satisfaction with their installation.
3. Council shall not provide maintenance for any street, service or public work in any subdivision
until such time as such street, service or public work has been transferred to and accepted by
Council.
4. All land and infrastructure to be transferred to the Town shall be clear of all liens and
encumbrances.
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the purposes of
development and no building permit shall be issued until Council is satisfied that:
a) the lot can be served with satisfactory water supply and sewage disposal systems; and
b) satisfactory access to a street is provided for the lots.
8
Use Zone Tables
New-Wes-Valley Development Regulations | Use Zone Tables | 35
8
Use Zone Tables
Use Zones
1. For the purpose of these Regulations, the Planning Area is divided into Use Zones which are
shown on the New-Wes-Valley Land Use Zoning Map (Appendix A) which forms part of these
Regulations as follows:
Mixed Development
MD
Residential
RES
Newtown Residential
NR
Seasonal Residential
SR
Rural
RU
Open Space
OS
Watershed
W
2. Subject to Regulation 8.1(1), the permitted and discretionary uses, standards, requirements
and conditions applicable to each Use Zone are set out in Section 8.5 to 8.11.
3. Where standards, requirements and conditions applicable in a Use Zone are not set out in
Sections 8.5 to 8.11, Council may in its discretion, determine the standards, requirements and
conditions which shall apply.
4. Appendix C contains a table listing classes of uses and examples of specific uses for each use
class and can be used to interpret a proposed use and determine whether it is permitted,
discretionary or prohibited in the applicable use zone.
Interpretation of Use Zones
Where possible the boundaries of the use zones follow identifiable features such as streets,
watercourses, and coastline. Where there is any uncertainty concerning the zoning of a
property proposed for development, Council may interpret the exact location of the zoning
boundary in a manner that is consistent with the intent and policies of the Municipal Plan
without amendment to the Land Use Zoning Map.
Permitted Uses
Subject to these Regulations, the uses that fall within the permitted Use Classes set out in the
Use Zones in Sections 8.5 to 8.11 shall be permitted by Council in that Use Zone.
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes set out in
the appropriate Use Zone in Sections 8.5 to 8.11 may be permitted in that Use Zone if the
Council is satisfied that the development would not be contrary to the general intent and
purpose of these Regulations, the Municipal Plan, or any further scheme or plan or regulation
pursuant thereto, and to the public interest, and if Council has given notice of the application in
36 |
accordance with Regulation 3.13 and has considered any objections or representations which
may have been received on the matter.
Prohibited Uses
Uses that do not fall within the Permitted or Discretionary Use or Use Class, or are specifically
listed as a Prohibited Use in a Use Zone in Sections 8.5 to 8.11, shall not be permitted in that
Use Zone.
8.6
Mixed Development (MD)
New-Wes-Valley Development Regulations | Use Zone Tables | 37
Mixed Development (MD)
8.6.1
Permitted Uses
Single dwelling
Double dwelling
Row dwelling
Apartment building
Subsidiary apartment
Assisted living accommodations
Tourist accommodation
Restaurants
Shop
Convenience store
Outdoor market
General service
Medical service
Office and professional service
Personal service
Home office
Theatre
Cultural and civic
General assembly
Indoor assembly
Educational
Place of worship
Child care
Medical treatment and special care
Fishing and marine uses (docks, wharfs,
fishing sheds)
Agriculture (community garden)
Recreational open space
8.6.2
Discretionary Uses
Home occupations include:
Light industry such as manufacturing of crafts, art; medical and professional service;
private school for teaching individuals or small groups including such things as music, art or
craft, but excluding nursery or pre-school education
Marina
Boat touring operation
Light industry
Marine industry
Funeral home
Cemetery
Club and Lodge
Service station
Passenger assembly
Taxi stand
Utilities
Telecommunication Structures and Antenna
8.6.3
Lot Requirements
Standard
Single
Double
Row
Minimum lot area (m2)
330
275/unit
250/unit
Minimum lot frontage
12 m
10 m/unit
(average)
10 m/unit
(average)
Minimum setback
6 m
6 m
6 m
Minimum side yard
1.5 m
1.5 m
1.5
Minimum flanking yard
3 m
3 m
3 m
Minimum rear yard
8 m
8 m
8 m
Maximum lot coverage
33%
33%
33%
Maximum building height
8 m
8 m
10 m
8.6.4
Semi-serviced and Un-serviced Building Lots
Minimum Area
Minimum Frontage
Semi-serviced Building Lots
1400 m2
23 m
Un-serviced Building Lots
1860 m2
30 m
38 |
8.6.5
Accessory Buildings
Accessory buildings shall have a lot coverage no greater than 7% and a height of no more than
6 metres.
8.6.6
Servicing
Where possible, water and sewage disposal shall be provided by connection to the Town
systems. All costs shall be borne by the developer.
8.6.7
Dwelling Separation
Where dwellings other than apartments face each other without a street in between, they shall
be no closer than 18 metres.
8.6.8
Development Along Route 320/330
As provincial roads, all applications for development along Route 320/330 will be referred to
Service NL for approvals regarding individual access and building line setback.
8.6.9
Apartment Buildings and Assisted Living Accommodations
Apartment buildings and assisted living accommodations are permitted provided:
1. Council is satisfied that the site design of the proposed development protects the privacy and
amenity of adjacent residential properties. Council may require the developer or owner to
provide a buffer between the proposed development and adjacent residential properties which
shall be maintained by the owner to the satisfaction of Council.
2. The proposed building has an exterior design in keeping with the character and density of the
surrounding uses.
3. Sufficient parking is provided.
4. Municipal water and sewer services are provided.
8.7
Newtown Residential (NR)
New-Wes-Valley Development Regulations | Use Zone Tables | 39
Heritage (H)
8.7.1
Permitted Uses
Single dwelling
Double dwelling
Home Office
Conservation and Open Space Uses
Recreational open space
Fishing and marine uses (docks, wharfs,
fishing sheds)
Agriculture (community garden)
8.7.2
Discretionary Uses
Home occupations include:
Light industry such as manufacturing of crafts, art; medical and professional service;
private school for teaching individuals or small groups including such things as music,
art or craft, but excluding nursery or pre-school education
Cultural and civic
Educational
General assembly
Place of worship
Tourist accommodation
Cemetery
Child care
Medical service
Office and professional service
Personal service
Convenience store
Outdoor market
Restaurant
Shop
Light industry (marine related)
Utilities
Telecommunication Structures and Antenna
8.7.3
Lot Requirements
Standard
Single
Double
Row
Minimum lot area (m2)
330
275/unit
250/unit
Minimum lot frontage
12 m
10 m/unit
(average)
10 m/unit
(average)
Minimum setback
6 m
6 m
6 m
Minimum side yard
1.5 m
1.5 m
1.5
Minimum flanking yard
3 m
3 m
3 m
Minimum rear yard
8 m
8 m
8 m
Maximum lot coverage
33%
33%
33%
Maximum building height
8 m
8 m
10 m
8.7.4
Semi-serviced and Un-serviced Building Lots
Minimum Area
Minimum Frontage
Semi-serviced Building Lots
1400 m2
23 m
Un-serviced Building Lots
1860 m2
30 m
8.7.5
Accessory Buildings
Accessory buildings shall have a lot coverage no greater than 7%, and a height of no more
than 6 metres.
8.7.6
Servicing
Where possible, water and sewage disposal shall be provided by connection to the Town
systems. All costs shall be borne by the developer.
40 |
8.7.7
Renovation of Existing Buildings
Council shall encourage the renovation and rehabilitation of existing buildings. Where
appropriate, an applicant may be asked to demonstrate how a proposed renovation or
extension of a building:
a) Retains (or restores) original architectural design elements and features, such as corner
boards, cornices, brackets, window architraves, doorway pediments, shingles or clapboard;
b) Where the installation or replacement of windows and doors are proposed, how the work is
consistent with the number, size, style, shape and orientation of those being replaced or
close to the original style of windows and doors in the building at the time of construction;
c) How the use of exterior materials are visually compatible with the historic character of the
building, adjacent buildings and the overall built character of Newtown.
8.7.8
New Buildings
The design and appearance of new building should be visually compatible with existing
buildings in terms of overall style, massing and bulk, exterior materials, architectural style and
features and must not diminish the overall historic appearance of the street on which the
building will be placed. New buildings should, in the opinion of Council:
a) Be designed to fit in with surrounding buildings so that they are not out of character with the
area in terms of height, number of storeys, roofline, placement on the lot relative to
adjoining buildings, and building style;
b) Have the number, size and spacing of windows and exterior doors similar to those of
surrounding buildings; and
c) Use traditional architectural features, such as corner boards, cornices, brackets, window
architraves, door pediments and wood shingles or clapboard.
8.8
Residential (RES)
New-Wes-Valley Development Regulations | Use Zone Tables | 41
Residential (RES)
8.8.1
Permitted Uses
Single dwelling
Double dwelling
Row dwelling
Subsidiary apartment
Home Office
Child care
Bed and breakfast
Conservation
Recreational open space
Fishing and marine uses (docks, wharfs,
fishing sheds)
Agriculture (community garden)
8.8.2
Discretionary Use
Apartment building
Assisted living accommodation
Home occupations include:
Light industry such as manufacturing of crafts, art; medical and professional service;
private school for teaching individuals or small groups including such things as music,
art or craft, but excluding nursery or pre-school education
Place of worship
General assembly
Café
Convenience store
Cemetery
Telecommunication Structures
Utilities
8.8.3
Lot Requirements
Standard
Single
Double
Row
Minimum lot area (m2)
330
275/unit
250/unit
Minimum lot frontage
12 m
10 m/unit
(average)
10 m/unit
(average)
Minimum setback
6 m
6 m
6 m
Minimum side yard
1.5 m
1.5 m
1.5
Minimum flanking yard
3 m
3 m
3 m
Minimum rear yard
8 m
8 m
8 m
Maximum lot coverage
33%
33%
33%
Maximum building height
8 m
8 m
10 m
8.8.4
Semi-serviced and Un-serviced Building Lots
Minimum Area
Minimum Frontage
Semi-serviced Building Lots
1400 m2
23 m
Un-serviced Building Lots
1860 m2
30 m
8.8.5
Accessory Buildings
Accessory buildings shall have a lot coverage no greater than 7%, and a height of no more
than 6 metres.
8.8.6
Servicing
Where possible, water and sewage disposal shall be provided by connection to the Town
systems. All costs shall be borne by the developer.
42 |
8.8.7
Development Along Route 320/330
As provincial roads, all applications for development along Route 320/330 will be referred to
Service NL for approvals regarding individual access and building line setback.
8.8.8
Apartment Buildings and Assisted Living Accommodations
Apartment buildings and assisted living accommodations are permitted provided:
1. Council is satisfied that the site design of the proposed development protects the privacy and
amenity of adjacent residential properties. Council may require the developer or owner to
provide a buffer between the proposed development and adjacent residential properties which
shall be maintained by the owner to the satisfaction of Council.
2. The proposed building has an exterior design in keeping with the character and density of the
surrounding uses.
3. Sufficient parking is provided.
4. Municipal water and sewer services are provided.
8.8.9
Development Near Pits and Quarries
Residential development shall not be permitted within 1000m of any existing pit or quarry
where blasting occurs, or within 300m of an existing pit or quarry not involving blasting.
8.9
Seasonal Residential (SR)
New-Wes-Valley Development Regulations | Use Zone Tables | 43
Seasonal Residential (SR)
8.9.1
Permitted Uses
Seasonal residential
Mobile Home
Recreation Open Space
8.9.2
Discretionary Uses
Utilities
Telecommunication Structures and Antenna
8.9.3
Lot Standards
Lot size shall be determined by the capability of the site to accommodate onsite well and septic
systems, to be determined by the Government Services department of ServiceNL.
8.9.4
Development Near Pits and Quarries
Seasonal Residential development shall not be permitted within 1000m of any existing pit or
quarry where blasting occurs, or within 300m of an existing pit or quarry not involving blasting.
8.10 Rural (RU)
44 |
Rural (RU)
8.10.1 Permitted Uses
Agriculture and forestry
Animal uses
Fishing and marine uses (docks, wharfs,
fishing sheds)
Cemeteries
Conservation
Recreation open space
Mineral exploration
8.10.2 Discretionary Uses
Single dwelling (as an accessory to an
operation)
General industry
Scrap yards
Mineral workings
Utilities
Telecommunication Structures and Antenna
8.10.3 Single Dwelling
A single dwelling may be permitted if it is accessory to and necessary for the operation of an
agriculture use or veterinary use.
8.10.4 General Industrial Uses
General industrial uses may be permitted by Council provided that:
1. The use is restricted to maintenance and repair of equipment, processing and storage
related to agriculture or forestry uses or landing and processing related to the fishery; or
2. Council is satisfied that:
a) the proposed use is suitable for location in the Harbour zone;
b) the use will not require municipal services, particularly town water and sewer;
c) the site is suitable for the proposed activity in terms of slope, vehicle access, and similar
criteria;
d) the use will not have an adverse visual impact on the built-up areas of the Town or any
public road or Town on public trail, and Council may consider screening to mitigate such
an impact so that the site is not visible from public roads, trails and the built-up area;
e) the use will not generate an unacceptable increase in traffic on roads in the built-up
areas of the Town; and
f) the site can be developed and the use carried out without negative impact on the
natural environment and amenities of the Town, including wastercourses and ponds.
8.10.5 Mineral Workings
All mineral workings, including pits quarries and mines shall be subject to the requirements of
the appropriate permit, lease or licence issues by the Mineral Lands Division, Department of
Natural Resources, for development, operation, decommissioning and rehabilitation. Where not
addressed in an applicable provincial permit, lease or licence, mineral workings shall meet the
following requirements of the Council:
New-Wes-Valley Development Regulations | Subdivision of Land | 45
1. Screening - A buffer shall be required to screen mineral workings visible from a public
street. A buffer may consist of a 30 metre wide tree screen, a landscaped berm or as
required by Council. Council may waive the requirement for a buffer where natural
topography creates a visual screen between mineral workings and adjacent public
highways and streets.
2. Fencing - Council may require the mineral working site or excavated area of a pit or quarry
working to be enclosed by a fence designed and constructed to its specifications and no
less than 1.8 metres in height.
3. Water Pollution - No mineral working or extraction activity shall be permitted within 50
metres of a waterbody or watercourse.
4. Water Ponding - No mineral working shall result in the excavation of areas below the level
of the water table or in any way cause the accumulation or ponding of water in any part of
the site. Settling ponds may be permitted with the approval of the Department of
Environment and Labour.
5. Site Maintenance - The mineral working shall be kept clean of refuse, abandoned vehicles,
and abandoned equipment and any derelict buildings.
6. Access Roads -During extended periods of shutdown, access roads to a mineral working
shall be ditched or barred to the satisfaction of Council.
7. 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
uncleared areas and 10 metres from active quarry or stockpile areas. The owner or
operator shall ensure that the quantity of the topsoil is not affected by dilution with other
materials.
8. Termination and Site Rehabilitation - Upon completion of the mineral working, the
following work shall be carried out by the operation:
a) all buildings, machinery and equipment shall be removed;
b) 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;
c) topsoil and any organic materials shall be re-spread over the entire quarried area to
ensure adequate revegetation; and
d) the access road to the working shall be ditched or barred to the satisfaction of
Council.
9. Separation from Adjacent Uses - Unless Council is satisfied that the working will not
create a nuisance and will not adversely affect the amenity of the specified development or
natural feature, no mineral working shall be located closer than the minimum distances set
out below to the specified development or natural feature:
46 |
From:
Minimum Distance of
Pit and Quarry Workings
Existing or proposed Residential Development
-
where no blasting is involved
-
where blasting is involved
300 metres
1000 metres
Any other developed area or area likely to be development
during the life of the pit or quarry
150 metres
Public highway or street
50 metres
Protected Road
90 metres
Waterbody or watercourse
50 metres
8.11 Open Space (OS)
New-Wes-Valley Development Regulations | Subdivision of Land | 47
Open Space (OS)
8.11.1 Permitted Uses
Conservation
Passive recreation (walking trails, picnic tables,
lookouts)
8.11.2 Discretionary Uses
Recreational open space (outside of the Cape
Freels area)
Utilities
Telecommunication Structures and Antenna
8.11.3 Wetland Stewardship Zone
Applications for development located within the Business Pond and Queen's Meade Management Units
identified in the Municipal Wetland Stewardship Agreement, January, 2017) shall be reviewed by Council to
ensure that sensitive waterfowl habitats are preserved and protected. Council shall refer development proposals
within sensitive wetland habitat to the Wildlife Division, Department of Fisheries and Land Resources, for
review and comment. Council may use mitigating measures to reduce any habitat degradation that may result
from development within the Zone.
.
8.12 Watershed (W)
48 |
Watershed (W)
8.12.1 Permitted Use
Existing uses
Domestic Cutting, quarry located between
Harry's Pond and Varkeys Pond.
8.12.2 Discretionary Uses
Utilities
Telecommunication Structures and Antenna
8.12.3 Prohibited Uses
No permanent buildings, structures or activities shall be permitted within this use zone except
those necessary for the operation and maintenance of the municipal public water supply and
without approval under the Water Resources Act, 2002.
Appendix A
Land Use Zoning Map
Appendix B
Provincial Development Regulations
Appendix C
Classification Guide to Land Uses and Buildings
Classification of Uses of Land and Buildings
This lists is intended to assist in the interpretation of the types of uses within the use classes listed in
the Use Zone Tables in Section 8 of these regulations. Examples included in the following table are not
exhaustive and are used to illustrate typical types of developments within a use class.
Residential Uses
Division
Use Class
Examples
Residential Dwelling Uses
Single Dwelling
-
Single Detached
Double Dwelling
-
Duplex Dwellings
-
Semi-detached Dwelling
Row Dwelling
-
Row Houses
Apartment Building
-
Apartment Building
-
Residential Complexes (4 or more
units)
Mobile Home
-
Mini Homes
-
Mobile Homes
Other Residential Uses
Residential Accommodation
-
Bed & Breakfasts
-
Boarding Houses
Seasonal Residential
-
Summer Cabins
-
Lodging Homes
Residential Care
-
Personal Care Homes
-
Residential Care Centres
Commercial Uses
Division
Use Class
Examples
Business and Professional
Uses
Medical Services
-
Clinics
-
Dental Offices & Surgeries
-
Medical Offices & Consulting
Rooms
-
Veterinary Clinics
-
Animal Hospitals
Office and Professional
Services
-
Professional Offices
-
Law Offices
-
Banks
-
Business & Government Office
General Services
Personal Services
-
Barbers
-
Beauty Parlours
-
Domestic & Household Arts
-
Hairdressers
-
Tanning Salons
-
Pet Grooming
-
Nail Salons
General Services
-
Car Washes
-
Dry Cleaners (not using flammable
or explosive substances)
-
Laundromats
-
Small Tool & Appliance Service/
Rentals
Animal Services
-
Animal Pounds
-
Kennels
-
Zoos
-
Pet Sitting Services
Commercial
Accommodation
-
Hotels
-
Motels
-
Inns
Communications
-
Radio Stations
-
Telephone Exchanges
Emergency Services
-
Police Stations (without detention
quarters)
-
Fire Station
Retail Uses
Shopping Centre
-
Shopping Centres
-
Strip Malls
Shop
-
Automobile Dealerships
-
Used Car Lots
-
Department Stores
-
Retail Shops
-
Showrooms
-
Supermarkets
Indoor Market
-
Auction Halls
-
Exhibition Halls
-
Indoor Famers Markets
Outdoor Market
-
Animal Markets
-
Fish Stalls
-
Market Grounds
-
Produce & Fruit Stands
-
Outdoor Farmers Markets
-
Flea Markets
Convenience Store
-
Confectionary Stores
-
Corner Stores
-
Gift Shops
-
Specialty Shops
-
Video Stores
Entertainment Uses
Food and Catering
-
Bars
-
Lounges
-
Restaurants
-
Nightclubs
Take-Out Food Service
-
Take-out Restaurants
-
Food Stands
Entertainment
-
Electronic Games Arcades
-
Pinball Parlours
-
Poolrooms
-
Bowling Alleys
-
Adult Entertainment
Theatre
-
Movie Theatres
-
Theatres
Institutional and Public Uses
Division
Use Class
Examples
Penal & Correctional
Institutional Uses
Penal & Correctional
Detention
-
Police Stations (with detention
quarters)
-
Youth Correctional Facilities
Institutional Care Uses
Medical Treatment & Special
Care
-
Personal Care Homes
-
Nursing Homes
-
Treatment Centres
-
Medical Clinics
Funeral Home
-
Crematoria
-
Funeral Homes & Chapels
Child Care
-
Day Care Centres
-
Home Child Care Services
-
Nursery Schools
-
Early Childhood Education Services
Cultural and Institutional
Uses
Cultural & Civic
-
Art Galleries
-
Town Administrative Offices
-
Court Rooms
-
Libraries
-
Museums
-
Arts and Culture Centres
-
Interpretive Centres
-
Studios
Educational
-
Private Schools
-
Public Schools
Place of Worship
-
Church Halls
-
Churches & similar places of
worship
Cemetery
-
Cemeteries
Assembly Uses
General Assembly
-
Auditoria
-
Community Halls
-
Dance Halls
-
Exhibition Halls
-
Gymnasia
-
Lodge Halls
Indoor Assembly
-
Arenas
-
Armouries
-
Ice Rinks
-
Indoor Swimming Pools
-
Fitness Clubs
Outdoor Assembly
-
Amusement Parks & Fairgrounds
-
Bleachers
-
Drive-in Theatres
-
Exhibition Grounds
-
Grandstands
-
Outdoor Ice Rinks & Swimming
Pools
-
Outdoor Stadiums & Venues
Utility and Transportation
Uses
Public Works and Utilities
-
Cellular Communications Towers
-
Satellite Dish Antenna
-
Television, Radio &
Communications
-
Transmitting and Receiving Masts &
Antennae
Marine Transportation
-
Recreational Piers, Docks &
Wharves
-
Boathouses
-
Marinas
-
Boat Ramps & Launches
-
Slips & Slipways
Transportation Services
-
Passenger Stations & Depots
-
Taxi Stands
Industrial Uses
Division
Use Class
Examples
Industrial uses involving
highly combustible &
hazardous substances &
processes.
Hazardous Industry
-
Bulk Plants for Flammable Liquids
-
Bulk Storage Warehouses for
Hazardous Substances
-
Chemical Manufacturing or
Processing Plants
-
Distilleries
-
Dry-cleaning Plants
-
Feed Mills
-
Lacquer, Mattress, Paint, Varnish &
Rubber
-
Factories
-
Spray Painting Operations
-
Wastepaper Processing Plants
General Industrial Uses
involving Limited Hazardous
Substances & Processes.
General Industry
-
Aggregate-Related Industries
-
Aircraft Hangars
-
Bulk Storage Facility
-
Cold Storage Plants
-
Contractors' Yards
-
Concrete Plants
-
Factories
-
Freight Depots
-
General Garages
-
Laboratories
-
Laundries
-
Printing Plants
-
Sawmill
-
Warehouses
-
Workshops
Solid Waste
-
Incinerators
-
Recycling Plants
-
Sanitary Land Fill
-
Solid Waste Disposal
Service Station
-
Gas Bars
-
Gasoline Service Stations
Light, Non-Hazardous
Industrial Uses
Light Industry
-
Custom Workshops
-
Indoor Storage
-
Light Industry
-
Lumber Yard
-
Parking Garages
-
Recycling Depot
-
Warehouses & Storage Centres
-
Wholesale Rooms
-
Workshops
Scrap Yard
-
Car Wrecking Yards
-
Junk Yards
-
Salvage Yard
-
Scrap Dealers
Resource-Based Industry
Commercial Agriculture
-
Commercial Farms
-
Horticulture
Forestry
-
Silviculture
-
Sawmills
-
Tree Nurseries
Mineral Working
-
Mineral Exploration involving
trenching, diamond drilling and line
cutting
-
Mines
-
Oil Wells
-
Pits and quarries
Marine Industrial Uses
Marine Industrial
-
Harbours
-
Fish Processing Plants
-
Drydocks
-
Wharves
Environmental and Utility Uses
Division
Use Class
Examples
Conservation Uses
Conservation
-
Architectural Historical Sites
-
Buffer Strips
-
Trails and Boardwalks
-
Scenic Lookout Sites
-
Watersheds
-
Wildlife Sanctuaries
Recreational Uses
Recreational Open
Space
-
Campgrounds
-
Hiking Trails
-
Parks
-
Playing Fields and Courts
-
Playgrounds
-
Sports Grounds
Small Scale Agriculture
-
Hobby Farms
-
Market Gardens & Nurseries
-
Community Gardens